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, WEDNESDAY, DECEMBER 19, 2012 No. 164 House of Representatives The House met at 10 a.m. and was the Nicaraguan Opposition, and Secretary of nize Members from lists submitted by called to order by the Speaker pro tem- the Democratic Conference; the majority and minority leaders for Whereas Senator Daniel K. Inouye deliv- pore (Mr. WEBSTER). morning-hour debate. ered the keynote address at the 1968 Demo- The Chair will alternate recognition f cratic National Convention in Chicago, Illi- nois, in which he expressed a vision for a between the parties, with each party DESIGNATION OF SPEAKER PRO more inclusionary Nation and famously de- limited to 1 hour and each Member TEMPORE clared ‘‘this is our country’’; other than the majority and minority The SPEAKER pro tempore laid be- Whereas Senator Daniel K. Inouye served leaders and the minority whip limited fore the House the following commu- as a medical volunteer at the Pearl Harbor to 5 minutes each, but in no event shall nication from the Speaker: attack on December 7, 1941, and volunteered debate continue beyond 11:50 a.m. to be part of the all Nisei 442nd Regimental WASHINGTON, DC, Combat Team during World War II at a time f December 19, 2012. when Japanese Americans were being sys- THE FISCAL CLIFF I hereby appoint the Honorable DANIEL tematically discriminated against by the Na- WEBSTER to act as Speaker pro tempore on tion he volunteered to defend; The SPEAKER pro tempore. The this day. Whereas Senator Daniel K. Inouye was Chair recognizes the gentleman from JOHN A. BOEHNER, wounded in battle and honorably discharged Oregon (Mr. BLUMENAUER) for 5 min- Speaker of the House of Representatives. as a Captain with a Distinguished Service utes. f Cross, Bronze Star, Purple Heart with clus- Mr. BLUMENAUER. Mr. Speaker, ter, and 12 other medals and citations; and the reality behind the fiscal cliff is MESSAGE FROM THE SENATE Whereas Senator Daniel K. Inouye was, that, if we really get down to work, A message from the Senate by Ms. awarded the Medal of Honor by President William J. Clinton in June 2000, along with talking with one another, digging into Curtis, one of its clerks, announced 21 other Asian-American veterans of World the details, it really is not that hard. that the Senate agreed to the following War II for their actions during the war: Now, The nuclear arsenal is a prime exam- resolution: therefore, be it ple and something that doesn’t get S. RES. 624 Resolved, That— nearly the attention it deserves. It is In the Senate of the United States, Decem- (1) the Senate has heard with profound sor- an illustration of why the fiscal seques- ber 18 (legislative day, December 17), 2012. row and deep regret of the death of the Hon- tration level over the next 10 years for orable Daniel K. Inouye, Senator from the Whereas Senator Daniel K. Inouye served the Department of Defense, which the people of the State of Hawaii for over 58 State of Hawaii; (2) the Secretary of the Senate shall trans- would bring it down to 2007 spending years in the Territorial House of Representa- mit this resolution to the House of Rep- levels, adjusted for inflation, is really tives, the Territorial Senate, the United resentatives and transmit an enrolled copy not that draconian. States House of Representatives, and the thereof to the family of the deceased; and United States Senate; During the Cold War, the United (3) when the Senate adjourns today, it Whereas Senator Daniel K. Inouye became States spent, on average, $35 billion a stand adjourned as a further mark of respect the first Japanese American to serve in both year on its nuclear weapons complex. to the memory of the deceased Senator. the United States House of Representatives Today it spends an estimated $55 bil- and the United States Senate; The message also announced that the lion. Whereas Senator Daniel K. Inouye rep- Senate has passed concurrent Resolu- The nuclear weapons budget is spread resented the State of Hawaii in Congress tions of the following titles in which across the Department of Defense, De- from before the time that Hawaii became a the concurrence of the House is re- partment of Energy, the Department of State in 1959 until 2012; quested: Whereas Senator Daniel K. Inouye served Homeland Security. And the govern- S. Con. Res. 63. Concurrent resolution cor- as the President Pro Tempore of the United ment doesn’t publicly disclose how recting the enrollment of S. 2367. States Senate, Chairman of the Committee much it is, but the last year that the S. Con. Res. 64. Concurrent resolution au- on Appropriations, Chairman of the Sub- thorizing the use of the rotunda of the Cap- elements were aggregated together, it committee on Defense, the first Chairman of itol for the lying in state of the remains of spent at least $52.4 billion. That’s in the Senate Select Committee on Intel- the late Honorable Daniel K. Inouye. 2008, according to the Carnegie Endow- ligence, Chairman of the Committee on In- f ment for Peace. dian Affairs, Chairman of the Democratic That doesn’t include classified pro- Steering Committee, Chairman of the Com- MORNING-HOUR DEBATE mittee on Commerce, Science, and Transpor- grams, and it was 5 times the State De- tation, Chairman of the Rules Committee, The SPEAKER pro tempore. Pursu- partment budget, 7 times the EPA, and Chairman of the Senate Select Committee ant to the order of the House of Janu- 14 times what the Department of En- on Secret Military Assistance to Iran and ary 17, 2012, the Chair will now recog- ergy spent on everything else it does.

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 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7268 CONGRESSIONAL RECORD — HOUSE December 19, 2012 Indeed, the President agreed to a $200 warriors do. He spent time in a recov- defending America, taking care of billion modernization in order to se- ery facility in California to cope with America. It’s time that America take cure the approval of the strategic arms the mental wounds of war. care of him by asking for and expecting reduction treaty in the Senate. Then, in August, Jon decided to get his release from this Mexican prison Well, perhaps it’s time for us to take some R&R. He wanted to go to Costa where he ought not to be. a step back and ask what is actually Rica with a fellow marine, Ian And that’s just the way it is. the purpose. Who is the enemy that McDonough, and they wanted to go on this nuclear arsenal is going to deter? a surfing trip. According to f The nuclear arsenal didn’t stop Iran McDonough, surfing gave Jon peace of HONORING OUTGOING CBC CHAIR- from pursuing nuclear weapons. It’s mind and really helped with his ther- MAN REPRESENTATIVE EMAN- not helping us at all with the terrorists apy. UEL CLEAVER who are now the central focus of our So the two packed up their car with security concerns. It doesn’t help in their surfboards and began their jour- The SPEAKER pro tempore. The Iraq or Afghanistan, and we basically ney from Florida to Costa Rica. Their Chair recognizes the gentleman from have a stalemate between Russia and trip took them through Texas to the Maryland (Mr. HOYER) for 5 minutes. China. border, in Brownsville, Texas. There Mr. HOYER. Mr. Speaker, for over 40 Nuclear weapons have not been used they crossed the international border years, the Congressional Black Caucus since World War II. They likely never into Matamoros, Mexico, and that is as has strengthened and enhanced the will be, so why do we need land-based far as they got. work of the people’s House. It does so intercontinental ballistic missiles, On the trip, Jon carried with him a by carrying into this Chamber the bombers, and submarine launch deliv- 100-year-old antique gun, a family heir- voices of millions of Americans who, ery systems, all three of them? loom that belonged to his grandfather. for too long in our history, were voice- Do we really need 12 new strategic When they arrived at the U.S. Customs less. It represents millions of our citi- submarines that will cost almost $5 bil- and Border Protection in Texas, Jon zens who contribute greatly to building lion a year, if we’re lucky and contain did what he was supposed to do; he our economy, defending our hard-won costs? filled out all the necessary paperwork. freedoms, and fighting for equal justice Who actually is being deterred by He talked to U.S. Customs and verified and equal opportunity for all of our this massive spending and buildup? with them that the rifle did not violate citizens. The Congressional Black Cau- Exactly what are the circumstances any Mexican law. cus has been rightly known for a long 30 years from now that call for this The two allegedly handed the Mexi- period of time as the conscience of the massive stockpile of weapons and three can officials the paperwork regarding Congress. redundant delivery systems? the rifle. But instead of continuing on Mr. Speaker, since he arrived here 7 You know, recent articles in the Post their way to Costa Rica to go surfing, years ago, our colleague and my friend, by Walter Pincus really focused on Hammar was immediately detained EMANUEL CLEAVER, has been the con- this. There’s Dana Priest’s work also in and dragged away to a notorious prison science of the CBC. Representative the Post; GAO reports—you don’t have in Matamoros where they house narco- CLEAVER, as most of us who served to dig very deeply to find out that this terrorists. with him know, but many Americans is a bloated, flawed program with little Now, Mr. Speaker, here’s a photo- might not know, wears multiple hats. technical benefit for us now, a great graph of our marine when he served He is not only the former mayor of deal of fiscal pain currently and well America. This is a photograph of him Kansas City, Missouri, but he is also an into the future. recently taken in the Matamoros pris- ordained Methodist pastor. Pastor Twenty-one years ago, President on. As you notice, he is in solitary con- CLEAVER is frequently called upon for George H.W. Bush unilaterally an- finement, and, similar to the old days, words to deliver at my whip meeting nounced the elimination of thousands chained to his bed where he cannot go on Thursday mornings. I have said that of land-based tactical nuclear weapons anywhere. This is all because of a mis- they are the highlight of our week in stationed in Europe and an end to the understanding and a mix-up about many respects. deployment of tactical nuclear weap- what the law is and what should have EMANUEL CLEAVER speaks to us about ons on surface ships, attack sub- happened to him at the border. humanity, about caring, about respect- marines, and land-based Naval aircraft. ing each of our colleagues on either b 1010 Billions had been spent over the side of the aisle, of respecting and hon- years on such weapons, but there was So he’s being held as a criminal be- oring our responsibilities to our fellow really never any plans for how to use cause the size of the barrel on that rifle citizens. In short, EMANUEL CLEAVER, them. Most have been dismantled, and was, apparently, too long—even though on a weekly basis, appeals to the best the United States today is no weaker. U.S. Customs told Hammar he was not that is within us to reflect the best Most, frankly, have not even noticed. violating any American or Mexican law that is America. What could we accomplish over the in having the rifle. Hammar had no EMANUEL CLEAVER will shortly be next 10 years with the same sort of criminal intent when he took that old succeeded as president of the CBC by bold thinking on the part of the Presi- rifle into Mexico. MARCIA FUDGE from Ohio—like EMAN- dent, the Pentagon, and Members in Jon Hammar should not have to UEL CLEAVER, a leader of conscience, a Congress? spend another holiday away from his leader of great ability, and a leader It’s time that we find out. family—holidays he spent when he who will reach out to all of us as well f served as a marine—and certainly he and continue to lead this organization shouldn’t spend a holiday away from that we know as the conscience of the LET U.S. MARINE JON HAMMAR his family in a Mexican jail where he is Congress. GO illegally being detained. Obviously, As we talk about creating jobs, as we The SPEAKER pro tempore. The there appears to be a misunderstanding talk about caring for one another, as Chair recognizes the gentleman from between U.S. and Mexican officials, we talk about making life better for all Texas (Mr. POE) for 5 minutes. with Hammar literally caught in the Americans, there is no more compel- Mr. POE of Texas. Mr. Speaker, 27- middle of this. So Mexican President ling voice than the Congressional year-old Marine Corps veteran Jon Enrique Nieto should intervene and Black Caucus towards that end. There Hammar honorably served two tours of have Hammar released. It is in the has been no more compelling voice duty in Iraq and Afghanistan. While he power of the Mexican President to than that of my friend, EMANUEL was on Active Duty, Hammar’s bat- solve this international incident and do CLEAVER. talion was hit very hard in Fallujah, so in a diplomatic way. So I ask that EMANUEL, I expect your leadership to and 13 of his fellow Marines were killed he do so and release Hammar by be enhanced as the days go by. You in action. Christmas. have shown us an example of how one When he came home to America, he Mr. Speaker, this marine and veteran can serve with dignity, with grace, and suffered from PTSD, as many of our has spent his life defending freedom, with effectiveness. Thank you.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7269 Mr. Speaker, for over forty years, the Con- Mr. Speaker, I want to finally thank, chairman of the Congressional Black gressional Black Caucus has strengthened more importantly, my wife, Tiffany, Caucus, and that is Representative and enhanced the work of the people’s house. who, a few years ago, made me the Reverend EMANUEL CLEAVER. It does so by carrying into this Chamber the luckiest man on the face of the Earth God has a way of having the right voices of millions of Americans who for too when she said ‘‘yes’’ to be my wife. I person serve at the right time and in long in our history were denied a voice. want to thank her for all of the sac- the right place, and we have such a per- It represents millions of our citizens who rifices that she has made so that I son in our chairman, Chairman contribute greatly to building our economy, de- could be in this House. She has held CLEAVER. Chairman CLEAVER took of- fending our hard-won freedoms, and fighting down a full-time job, all the while fice at a time of great turmoil and tu- for equal justice and equal opportunity for all. playing both mom and dad to our multuousness. This country was expe- The Congressional Black Caucus has long daughter, Evie, when I was away from riencing and we were at the height of been the conscience of the Congress. And home. I can never thank her enough for perhaps the most devastating financial since he arrived here seven years ago, EMAN- all that she has done. crisis since the Great Depression. UEL CLEAVER has been the conscience of the Mr. Speaker, the past 2 years have b 1020 CBC. been an interesting ride, primarily be- Rep. CLEAVER—as most of us who serve cause it was highly unlikely that I Chairman CLEAVER turned that situa- with him know, but many Americans might not would ever speak on this floor. You see, tion into a tremendous positive by know—wears multiple hats, also being an or- Mr. Speaker, if you had asked me 5 bringing his insightfulness and by help- dained Methodist pastor. years ago if I would ever run for public ing to share with the entire Nation Pastor CLEAVER is frequently called upon to office, I would have said ‘‘no.’’ And not that while we did have great economic deliver words of wisdom in the weekly meet- because I don’t value and honor public calamity, for every sector in our econ- ings Democrats hold for our caucus, and he service. I certainly do. But it’s because omy nowhere was that damage as uses those opportunities to tell us parables in- the environment that I grew up in, I greatly felt as in the African American tended to teach that behind every bill and saw the bad side of politics and I didn’t community. We were blessed to have a every vote is a human story—real lives and know if I wanted to put my family chairman who could articulate it with real consequences. through the same trials and tribu- the sensitivity and with the intel- Though he will be stepping down as its lations. However, that all changed as I ligence and with the intellect to be Chair, I know Rep. CLEAVER will continue to witnessed our country continuing to able to express those very serious con- do his part to ensure the CBC retains its posi- stray from its founding principles, and cerns that were impacting the African tion as a moral guide in this House. if it didn’t reverse course, we were American community in a way and in a That we never forget the real people behind going to lose countless generations be- manner that it enveloped the entirety the policies we act on here—people struggling cause of lost opportunities. of the entire population of our country. to be safe in our cities, pursue educational op- So, Mr. Speaker, I ran for office not Chairman CLEAVER became chairman portunities, access health care, and find good for a title, not for some unhealthy de- at the time of the height of the tumul- jobs. sire to be the center of attention, but tuous health care debate, where there The CBC may be called, in many respects, was great passions that were brought guardians of our American dream. to serve my fellow citizens and to be a part of a movement that would rees- to bear and expressions of demonstra- And I thank my friend—Rep. CLEAVER, tion where hundreds of thousands of Mayor CLEAVER, Pastor CLEAVER, Chairman tablish the belief that our country’s greatness comes from its people and people gathered here in Washington to CLEAVER—for being a steady captain of that express their concerns. But Chairman guard over the past two years. not from the government and to make CLEAVER provided a calmness, an im- He surely leaves large shoes to fill, but I sure that America remains the last pact that helped us to navigate those know Rep. FUDGE will do a great job at the great hope on Earth. troubled waters very, very success- helm as the CBC’s new chair. Two years ago, we sat out to accom- And I look forward to working as closely plish those objectives. We didn’t suc- fully. When it came time to look at the dis- with her as I have with Rep. CLEAVER to help ceed—not for the lack of trying. We did extend the promise of the American dream to take steps toward solving the biggest parities of this economic impact and all our people. and most severe issues that we face. We joblessness, he initiated job fairs in every congressional district all across f must build on this and not shrink from solving the fiscal disaster that awaits this country that helped people be able THANKING THE THIRD CONGRES- us if we do nothing. to get jobs. He addressed the health SIONAL DISTRICT OF ARIZONA Mr. Speaker, as this Congress comes disparities—particularly as they im- The SPEAKER pro tempore. The to a close in the next couple of weeks, pacted the African American commu- Chair recognizes the gentleman from I’m confident that the Members of the nity—in a way and in a manner that Arizona (Mr. QUAYLE) for 5 minutes. next Congress will rise to the occasion everyone was able to accept the re- Mr. QUAYLE. Mr. Speaker, I rise and provide the solutions to a worried ality. today to thank the people of the Third Nation. However, my confidence is not So, we thank you, Congressman Congressional District of Arizona, who limitless. If petty politics drives policy CLEAVER, for the outstanding job that put their trust and faith in me to rep- decisions, if one group is pitted against you have done, and we want to thank resent them in the 112th Congress. The another for political gain, if personal God for sending the right person to us people of our district are good, hard- destruction drowns out personal ac- at the right time. Thank you, Chair- working Americans. They value their countability, then, sadly, the legacy of man CLEAVER. It is my great honor to family, their country, and their free- our great Nation will be forever altered serve with you. Thank you for your doms. It was an absolute honor to serve and the world will be a dimmer place. outstanding service. them in this Congress. I hope and pray this does not happen, f I would also like to thank my family Mr. Speaker. But as I said, my con- EXPRESSING THANKS TO and friends for their unwavering sup- fidence is not limitless. CHAIRMAN EMANUEL CLEAVER port throughout my life. Without f them, I would not be here today. The SPEAKER pro tempore. The Mr. Speaker, I’d also like to thank HONORING EMANUEL CLEAVER Chair recognizes the gentleman from my tireless staff both here in Wash- The SPEAKER pro tempore. The North Carolina (Mr. WATT) for 5 min- ington and back home in Arizona. Chair recognizes the gentleman from utes. Their dedication to our district and to Georgia (Mr. DAVID SCOTT) for 5 min- Mr. WATT. Mr. Speaker, I want to our country was something that was utes. join with my colleagues in expressing amazing to watch. And over the course Mr. DAVID SCOTT of Georgia. I rise thanks and giving praise to our out- of 2 years, working day and night, they to join some of my fellow colleagues in going chair of the Congressional Black became a lot more than just people I recognizing and honoring a distin- Caucus. He’s not leaving Congress, he’s work with. They became extended fam- guished gentleman serving in the Con- just leaving the chairmanship of the ily. And I thank them for that. gress of the United States, who is the Congressional Black Caucus.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7270 CONGRESSIONAL RECORD — HOUSE December 19, 2012 I don’t usually come over here for Mr. NEAL. Mr. Speaker, let me also the new and improved library will pro- these 5-minute speeches or 1-minute thank Reverend Cleaver. At his re- vide critical public access to computers speeches, but today I thought I would quest, I campaigned with him and for and the latest technology. make an exception to say some things him and did a series of Social Security New Market’s tax credits are a good about our outgoing chair. events in his constituency. I spent the example of how public and private in- I want to make two points. First of better part of 2 days with him, and I vestment can be used to spur commu- all, contrary to the perception that’s got an opportunity to see the regard nity and economic revitalization. New out in the world, there are no bad peo- and respect that he was held in by the Market’s tax credits expired at the end ple in this body. All of us are good peo- citizens of Kansas City. of last year. It’s critical that the Con- ple who are here to serve the American Mr. Speaker, let me address the issue gress not leave town until we, once people, and our constituents in par- of extending the New Markets Tax again, extend this program and the op- ticular. I characterize us as all good Credit. I have fought for this program portunities that come with it. guys—and that includes female in that since its enactment in 2000 because it’s f good guys category too. But then there a cost-effective way to create jobs and are people who because of their par- drive investments in communities with REFLECTING ON CHAIRMAN EMAN- ticular qualities I would put in a cat- high rates of poverty and unemploy- UEL CLEAVER WITH GRATITUDE egory of really, really, really good peo- ment. I’ve seen the amazing results of The SPEAKER pro tempore. The ple. It doesn’t take long to detect those this initiative firsthand. Let me high- Chair recognizes the gentlewoman from people; it comes through in their man- light just some of those Massachusetts California (Ms. BASS) for 5 minutes. ner, in the way that they deal with projects. Ms. BASS of California. Mr. Speaker, their colleagues and the way that they Let me first tell you a little bit I rise today to acknowledge the ex- consult and console you when you real- about the New Markets Tax Credit. It traordinary leadership of my colleague, ly need consultation and consolation; was designed to stimulate investment Mr. EMANUEL CLEAVER, who represents and the way they give you advice or and economic growth in low-income with distinction Missouri’s Fifth Dis- fail to give you advice or don’t give communities that are traditionally trict. I want to offer a special word of you advice when you either need it or overlooked by conventional capital appreciation for his many years of don’t need it. They’re not in the way; markets. Since its enactment, the service, not merely for his constitu- they’re just really, really, really good credit has generated $45 billion in cap- ents, but for his steady commitment to people. That’s the category in which I ital for projects in low-income commu- employ the power of his office to en- would put our outgoing chair, Chair- nities that range from the first super- sure our Nation is set on a course man EMANUEL CLEAVER. And his lead- market in a generation in southeast where we all succeed. ership has been outstanding, but it’s Washington, D.C., to the restoration of As chair of the Congressional Black not that that I came to praise. one of the greatest acoustical houses in Caucus, Mr. CLEAVER used this position The second thing I really want to em- of leadership to help elevate and em- phasize about him is that the question the world, the Colonial Theater in bolden us to address some of the great I get most from constituents is who’s Pittsfield, Massachusetts. Further- social and economic challenges of our doing something inside you all’s insti- more, New Markets’ investments be- day, not just for African Americans, tution to make you all more compat- tween 2003 and 2010 have been respon- ible with each other? So every week I sible for creating over 500,000 jobs in but for all Americans. look forward to getting in my intra- economically distressed communities I am reminded of the evening in Congress mail this letter that our out- across the country. These are remark- North Carolina at the Democratic Con- going chair sends to every Member of able results. vention when he gave that impassioned this body, just one or two or three Let me share with you another suc- and fiery speech that brought everyone paragraphs, one page—never longer cess story from back home that further to our feet. He reminded us that in than one page, just giving us some sage explains why I’m a big supporter of America our strength is rooted in our wisdom and advice about how to be New Markets: the Holyoke Public Li- Nation’s most profound gift—its diver- nicer to each other, how to soften our brary. Holyoke is a city in western sity. He reminded us that no matter edges, how to work better together to Massachusetts with a population of how difficult times may get or may be achieve the aspirations of our constitu- about 40,000 people. From the late 19th that we must ‘‘hope on,’’ and that it is ents and of our Nation. century until the mid-20th century the power of our hope that drives us to Those are the little things that peo- Holyoke was the world’s biggest paper not give up when we have failed, but to ple out in the public never see or hear manufacturer. In fact, at one point try again until we get it right. about, and Chairman CLEAVER has set there were 25 paper mills in operation As I complete my first term in Con- that example. Sometimes I’m sure he in Holyoke, and that’s how Holyoke gress, let me thank the chairman for feels like he’s a voice in the wilderness got its nickname, ‘‘The Paper City.’’ his counsel, his guidance, and his by doing that, but every single week b 1030 friendship. He’s provided advice and each of us gets this special appeal from wisdom that as a newcomer to Wash- However, this industrial city’s for- EMANUEL CLEAVER to be what we ington has been invaluable. He’s step- should be, stewards of our country, and tunes ebbed when the paper mills ping down as the head of the Congres- to do it in a way that does not demean closed, and Holyoke now has one-third sional Black Caucus, but we will all our institution and demean each other, of its population living below the pov- continue to enjoy hearing his reflec- and to advocate for what we believe, erty line. tions at caucus meetings and getting but to do it in a way that is more The Holyoke Public Library project the notes on promoting civility. It’s human and kind. is currently underway and involves my personal hope that one day he will So I want to join with my colleagues renovating and expanding the 110-year- collect all of these notes and reflec- in thanking him for his leadership, but old library and transforming it into a tions and publish them. most of all I want to thank him for the 21st century education and training But I did think that I would end with tremendous role model he has been for center. words from that famous North Carolina our institution to try to make our in- For many years, there had been very speech: little funding available to maintain the stitution a better place in which to Hope inspires me to believe that any day serve and to try to make each of us facility itself. And, therefore, over now, we will catch up to the ideals put forth better Members of this institution. time, the library has substantially by our Nation’s Founding Fathers. It is our aged and deteriorated. Today, nearly 40 f hope and faith that moves us. It is our hope percent of the library’s interior is seri- that tells us our latter days will be better NEW MARKETS TAX CREDIT ously compromised and inaccessible to than our former. It is our hope that instructs The SPEAKER pro tempore. The the public. But thanks in large part to us to march on. Chair recognizes the gentleman from New Market’s tax credit financing, the I look forward to working with you Massachusetts (Mr. NEAL) for 5 min- Holyoke Public Library is currently in the years through the struggles and utes. being renovated and modernized, and successes that are in front of us. Thank

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7271 you, Mr. CLEAVER, for your service, The Congressional Black Caucus has to commend a matriarch in my com- your friendship and for your leader- long and rightly been known as the munity who passed away a few days ship. ‘‘Conscience of the Congress,’’ and it’s ago, Ms. Mavis Donahue, who came to f no exaggeration to say that EMANUEL the United States of America from Ja- CLEAVER is the conscience of the CBC. maica. Of course, much of her family A TRIBUTE TO CHAIRMAN Prior to being elected to the House of came with her, and they kind of stay EMANUEL CLEAVER Representatives, he served on the local together as a group. The SPEAKER pro tempore. The level. But since coming here to the It was her daughter, Claudette, that I Chair recognizes the gentlewoman from House in 2004, EMANUEL CLEAVER has first met, and we worked together for Ohio (Ms. FUDGE) for 5 minutes. been a champion for the poor, the aged, about 40 years. But then her son-in- Ms. FUDGE. Mr. Speaker, today I the infirm, and for those struggling to law, Billy, Claudette’s husband, took rise to salute EMANUEL CLEAVER, II, my join the middle class or working to the first photograph that I ever used in chairman and my friend, the Congress- stay there. He has worked tirelessly to a campaign brochure. Their daughter man from the great State of Missouri expand educational and employment Erica, who is my goddaughter, was the who was unanimously elected to lead opportunities for those looking to build first person who ever appeared on a the Congressional Black Caucus for the a better life for themselves and their campaign brochure when I decided to 112th Congress. As we move closer to families and to represent God. He has run for public office. So I simply want adjournment of this Congress, I rise done so with dignity, grace, civility, to commend them as they prepare to with my colleagues to thank EMANUEL and unfailing good cheer. take their mother, their grandmother, CLEAVER for his stellar leadership and As CBC chair during the 112th Con- their aunt, their friend, their neighbor, sacrifice during the last 2 years. gress, EMANUEL CLEAVER understood back to her home in Jamaica to be bur- From councilman to Kansas City’s the importance of drawing attention to ied alongside her mother. first African American mayor to Mem- the economic crisis in the African I also join my colleagues in coming ber of Congress, and most recently our American community, where the un- to pay tribute to our leader, the Rev- leader, Chairman CLEAVER has contin- employment rates were more than dou- erend Congressman EMANUEL CLEAVER. ually represented the interests of both ble that of whites. And under his lead- We’ve all talked about his leadership, his constituents and scores of under- ership, the CBC launched the ‘‘For the and I’ve been told two things about represented Americans with an undeni- People’’ Jobs Initiative, hosting town leadership that I always try to remem- able zeal and passion. hall discussions and job fairs, one of ber. One is that leadership is the abil- The leader of the Congressional which was in Los Angeles, in my home- ity to get other people to do what you Black Caucus carries the burden of town, and four other urban areas hit want them to do but because they want modeling that which makes us the hardest by the recession. to do it, meaning that somehow or an- ‘‘Conscience of the Congress,’’ and he The CBC took the feedback that was other you can convince them that what has succeeded. A man of fine intellect received from those communities and you’re talking about is the thing to do. and unwavering integrity who daily ex- its recommendations for creating jobs The other thing that I’ve learned about hibits his deep-seated belief in civility, to the President, who included them in leadership is that you can’t lead suc- Chairman CLEAVER is firm in his con- the American Jobs Act. cessfully where you don’t go, and you victions based on what is right rather Following the assault and the murder can’t teach what you don’t know. than what is expedient. As an ordained of Trayvon Martin, an unarmed Afri- I’ve been able to follow the life of minister with many years of pastoral can American teenager in Florida, the EMANUEL CLEAVER long before he be- experience, EMANUEL CLEAVER has not CBC stood up for his parents and made came a Member of the House of Rep- only served as chairman of the caucus sure their plea for justice did not go resentatives. See, he grew up in the but has served as our spiritual adviser unheeded. Chairman CLEAVER under- Midwest, kind of, but really the South- as well. He is a friend on whom we can stood that justice delayed is justice de- west, in a real sense, as I did. Our all depend. He is selfless and unassum- nied. And when the precious right to schools played football in the South- ing, yet powerful, respected, and a vote was under attack this election west Athletic Conference. The first trusted leader on both sides of the season, the CBC, led by Chairman time we decided to televise our game, aisle. Chairman EMANUEL CLEAVER has CLEAVER and the incoming chair, we went out and washed cars and did earned the respect and admiration of MARCIA FUDGE, exposed those voter all the things you did to raise the citizens throughout this Nation and suppression efforts and worked over- money that we needed. We played Prai- many beyond our borders. time to overcome those obstacles and rie View, and lo and behold, they beat Today, I salute Chairman EMANUEL to ensure that our constituents were us 28–0, which was a real letdown after CLEAVER. Today, the Congressional we had paid to have the football game Black Caucus salutes him. We thank ready and able to vote with the CBC’s ‘‘For the People’’ voter participation televised. him for his dedication to our people, But I remember that EMANUEL came initiative. As a result, African Amer- his devotion to the highest standards out of school, went to work for the ican turnout in the 2012 election far ex- and his undeniably effective leadership. Southern Christian Leadership Con- ceeded expectations and was successful Our caucus thanks Chairman CLEAVER, ference, became a leader in his commu- in reelecting President Barack Obama. our country thanks him, and I thank nity as a young person, pastor of a tre- Mr. Speaker, Chairman CLEAVER has him. mendous church that I’ve had the op- led the Congressional Black Caucus portunity to visit, and they even let f with skill, compassion, and an unwav- me have something to say. A TRIBUTE TO CONGRESSIONAL ering commitment to justice and equal Reverend CLEAVER, Congressman BLACK CAUCUS CHAIR EMANUEL opportunity during some of the most CLEAVER, America has benefited from CLEAVER, II critical times of this Nation’s history. your leadership for many years. We The SPEAKER pro tempore. The I thank Chairman CLEAVER for his know that what you’ve done for the Chair recognizes the gentlewoman from service, for his leadership, for his caucus and for this Congress will stand, California (Ms. RICHARDSON) for 5 min- friendship, and, most of all, for his ex- but we know that you will keep doing utes. ample of being led by God here in the it for many more years to come. Ms. RICHARDSON. Mr. Speaker, I House of Representatives. God bless you and God keep you. rise today to pay tribute to a great f f man, one of the most respected Mem- b 1040 bers of this House, a leader of unparal- UNEMPLOYMENT BENEFITS leled ability, a trusted friend, and one IN MEMORY OF MAVIS DONAHUE The SPEAKER pro tempore. The of the best chairs in the 41-year history The SPEAKER pro tempore. The Chair recognizes the gentleman from of the Congressional Black Caucus. I’m Chair recognizes the gentleman from Michigan (Mr. CURSON) for 5 minutes. talking about the distinguished gen- Illinois (Mr. DAVIS) for 5 minutes. GENERAL LEAVE tleman from Missouri, the honorable Mr. DAVIS of Illinois. Mr. Speaker, Mr. CURSON of Michigan. Mr. Speak- EMANUEL CLEAVER, II. Members of the House, I rise first of all er, I ask unanimous consent that all

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7272 CONGRESSIONAL RECORD — HOUSE December 19, 2012 Members may have 5 legislative days STOP MILITARY RAPE until the present time—a culture that in which to revise and extend their re- The SPEAKER pro tempore. The speaks of repulsive and destructive be- marks and to insert material into the Chair recognizes the gentlewoman from havior by servicemembers and the tacit RECORD on the subject of Representa- California (Ms. SPEIER) for 5 minutes. approval of their commanders. tive EMANUEL CLEAVER’s retirement as Ms. SPEIER. Mr. Speaker, I, too, rise Jennifer Smith joined the Air Force chair of the Congressional Black Cau- to pay my respect and to honor Rep- 17 years ago, when she was just 18 years cus. resentative CLEAVER. of age. Her career has been filled with promotions and with medals and com- The SPEAKER pro tempore. Is there I am one of those many Members of mendations by her commanding offi- objection to the request of the gen- the House who each week waits for cers. She is one of the soldiers whom tleman from Michigan? that letter from Congressman CLEAVER. In each of these letters, he we so highly regard in the military. There was no objection. tells a life lesson, typically one to in- She has a record of astonishing accom- Mr. CURSON of Michigan. I, too, spire us to be more hopeful, to be more plishments. In many of the commenda- offer my congratulations to Represent- willing to look at the issue from some- tions, she has been told that she is a ative CLEAVER for his service to all one else’s perspective, to be more com- ‘‘gifted mentor’’ who ‘‘goes above and Americans as the CBC chair. passionate, to be more loving. So I, beyond’’ and to ‘‘promote her now.’’ Her career has also been filled with Millions of Americans are out of too, share in his commitment to mak- ing this place a more responsive envi- sexual harassment, assaults, and com- work through no fault of their own. placency—or worse—from her com- ronment for all, and I thank Mr. Millions of Americans are relying on manding officers. CLEAVER for his great leadership as the federally funded benefits to make ends During her five deployments in Iraq, meet as our Nation’s struggling econ- chair of the CBC over the last year. Kuwait, Korea, and Germany, Sergeant Mr. Speaker, I now would like to omy starts to recover. These unem- Smith has endured assault by a master turn to my prepared remarks for this ployment benefits for the long-term sergeant, who pushed her into a room, morning. I would like to read you some unemployed will immediately and com- dropped his pants, and tried to force song lyrics that Air Force Technical pletely stop on December 29, 2012, un- himself on her; harassment by a vice less we in Congress act. There is no Sergeant Jennifer Smith found on her commander, who told her to relax and phaseout. Every individual receiving government computer at Shaw Air take her top off during a meeting; con- those benefits now will be cut off cold. Force Base. The lyrics of the song are stant exposure to pornographic mate- called the ‘‘The S&M Man,’’ and they The Department of Labor estimates rial and sexually explicit flight songs; go like this: that over 2 million Americans will lose and an attempted rape she was too their emergency benefits at the end of Who can take a machete, whack off all her scared to report. limbs, Throw her in the ocean, and watch her the year, including over 92,000 people in Sergeant Smith endured sexual har- try to swim? assment and a hostile work environ- my home State of Michigan. Cutting The S&M Man. off benefits for the long-term unem- ment for 13 years when she decided to Jennifer Smith reported this song speak up. It’s time for all of us to ployed will have a devastating impact and other sexually explicit documents on middle class families who are strug- speak up. It’s time for all of us to ex- to her superiors in the Air Force. ‘‘The pect from the military what we expect gling to stay out of poverty. They are S&M Man’’ is offensive, it’s hostile, but critically important for necessities of from the private sector—no hostile to her male colleagues and superiors, work environment. life, rent, groceries, and utilities. Cut- the song is just tradition, a tradition ting off unemployment benefits will She found pornographic materials in her that is alive and well, celebrated in squadron that included two ‘‘Doofer’’ books also hurt America’s economic recovery, song, patches, coins, offensive pictures, as economists predict that allowing the and magazines that were in her shared office. behavior, and the tacit approval of She reported them, but nothing was done. UC benefits to expire at the end of this commanding officers. year will reduce economic growth next Later that year, approximately two months A military tradition of demeaning after Technical Sergeant Smith had deployed year by $58 billion. women is not only sickening, but con- to Iraq, she was assaulted outside of the gym. Emergency unemployment benefits trary to the fundamental principles of A man grabbed her from behind and phys- provide a particularly valuable eco- an institution founded in respect and ically dragged her to a dark place behind the nomic contribution to the economy be- honor and in discipline. It undermines building. cause financially stressed unemployed our military’s readiness and cohesion. The man pushed her up against the wall workers typically spend the benefits Simply put, it gravely damages the and groped her. He had his arm under her they receive quickly. Cutting off these military. neck, lifting her feet off the ground. He said, benefits will hurt small businesses and This is the 24th time that I have ‘‘I could kill you right now . . . and no one add to the downward spiral of a failing come to the floor to share the story of is going to miss you.’’ economy. The Census Bureau reports a servicemember, either man or Technical Sergeant Smith was able to break that unemployment benefits, both woman, who has been raped, sexually free, and ran away as fast as she could. She State and Federal, reduced the number assaulted, or harassed by fellow serv- went to work the next day and did not say of Americans living in poverty last icemembers. By the Department of De- anything about it because she feared retalia- year by 2.3 million, including over fense’s own records and estimates, tion and harassment. 600,000 children. The Congressional Re- there are 19,000 rapes and sexual as- This is happening now—in January 2012, search Service estimates that in 2011, saults each year in the military, and Technical Sergeant Smith was back from Iraq unemployment benefits reduced the the VA reports that half a million vet- at Shaw Air Base to manage pilot training. poverty rate for families receiving erans are affected by military sexual Whenever she checked her computer, she them by 40 percent. trauma. was bombarded with sexually hostile docu- ments and videos. She reported the offensive Cutting off unemployment benefits b 1050 for too many Americans will only sub- material. Nothing was done. Still, fewer than 14 percent of these In response to news coverage Sergeant stantially increase hardship and pov- victims actually report the crimes. Smith’s formal complaint, Air Force Chief of erty in our Nation. Now is not the time And why is that? It is because so few Staff Gen. Mark Welsh ordered a service-wide to deprive these Americans of a critical are prosecuted—fewer than 9 percent— sweep of workspaces and public areas for im- lifeline. Federally funded unemploy- and a minuscule number end in convic- ages, calendars and other materials that ment benefits should be extended by tion. objectify women. this Congress. Air Force Sergeant Jennifer Smith This sweep is inadequate, or worse. It ap- The best cure for unemployment is to has been subjected to this toxic culture pears to be a response to bad press rather create jobs. We can do this by investing for nearly two decades. She finally had than an aggressive tool to root out and expose in rebuilding our Nation’s infrastruc- enough. She filed a lawsuit; and in her this toxic culture. ture, creating real jobs and real rev- lawsuit, she chronicles 17 years of The sweep which began on Wednesday, enue by people working for a living. abuse and a toxic culture—from 1995 December 5th, provides a twelve-day window

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7273 for it to be completed after a very public notifi- and comfort and reassure them of their fiscal year 2012. The President has pro- cation. safety at home and at school. We posed a cut of nearly $29 million of This window and public notification inten- should observe and watch for symp- this; and with sequestration, it will be tionally or unintentionally provides service toms of problems, such as changes in cut by a further $8 million. Should we members the time to hide the content, and the appetite, such as sleep issues, worries, make those cuts? Is that a program opportunity for commanding officers to not find aggression, anger, and sadness. We that is using this money effectively anything. Why did the Air Force tip off service should protect our children from other and efficiently? Let’s talk about these members that the sweep was taking place? media exposure and information that in a candid and honest way with Mem- Commanding officers who performed the creates more fear and problems; bers of Congress and the community. sweep also had an incentive not to find any- It is important for parents to call for Let’s also understand that about 58 thing because it would reflect poorly on the professional help for their children if million Americans suffer from a men- command climate they are charged with main- they are showing some concerns and tal disorder in a given year. About one taining. symptoms of this beyond simple ad- in four people will have some This sweep also did not include individual justment. For parents who have chil- diagnosable illness; and if one seeks desks, cabinet drawers, lockers, or military dren who also have anger disorders, it treatment, one can get help. We also issued computer hard drives, where much of is important for parents to review with need to understand that, with psycho- the content in the Smith complaint was stored. school personnel locally how their tropic medication, over 70 percent of Describing the need for a sweep, General schools are handling security and pro- the time it is prescribed by a non-psy- Welsh explained, ‘‘In my view, all this stuff is viding counseling assistance at school; chiatrist. With persons who have other connected. It is important for parents to pay at- problems with that—drug inter- If we’re going to get serious about things tention to their own concerns and wor- actions—or who have other problems like sexual assault, we have to get serious ries and to, over time, keep watch as not quite dealt with, it is important to about an environment that could lead to sex- concerns and symptoms may come make sure that insurance plans funded ual harassment. In some ways, this stuff can later—even for those who are far dis- by the Federal Government, State gov- all be linked.’’ tant from the location where this oc- ernments, and private insurers are ap- I agree with General Welsh. It’s time to get curred. propriately allowing people to be treat- serious about sexual assault in the military, For my colleagues, Mr. Speaker, I ed for this. but this must include credible and effective recommend that we remove the stigma We have many directions in which we oversight actions to counter the culture that surrounding mental illness in our talk need to go on this. Let’s make sure we permits and fosters systemic harassment, as- about it and that we, first and fore- don’t go in the wrong direction. sault, and rape. most, address this as a mental health f And even with effective sweeps, it won’t be issue. We must commit to expanding HONORING THE REVEREND as easy as taking down a calendar or deleting access for those who are unable to re- EMANUEL CLEAVER a computer file. Ending the epidemic of rape ceive treatment. If parents are not sure The SPEAKER pro tempore. The what to do, we need to provide them and sexual assault in the military will require Chair recognizes the gentlewoman from a reboot of the military justice system, and ad- with information and assistance to get California (Ms. LEE) for 5 minutes. dressing commander influence in these all too their children help. We have to review Ms. LEE of California. I rise in honor common cases. We owe Jennifer Smith and a wide range of things, such as tele- of our outgoing Congressional Black her many colleagues subjected to this gross vision violence and video games in re- Caucus chairman, Congressman Rev- lation to violent behavior. We have to harassment better. We don’t tolerate it in the erend EMANUEL CLEAVER. private sector. make sure that we are reviewing re- Chairman CLEAVER has been a truly f search that is being done with the Na- outstanding leader of the Congres- tional Institutes of Health, the Na- MENTAL HEALTH FUNDING sional Black Caucus during the 112th tional Institute of Mental Health, and Congress. We were fortunate to have The SPEAKER pro tempore. The our universities across the country. his wisdom and steady—mind you, Chair recognizes the gentleman from What we do not yet have is an answer steady—leadership as we have navi- Pennsylvania (Mr. MURPHY) for 5 min- to understanding how we can accu- gated through some of the most con- utes. rately predict those who will perform tentious debates that I have witnessed Mr. MURPHY of Pennsylvania. While violent acts. during my time in Congress. our Nation still grieves the loss of so It is also important to understand Faced with a job crisis unlike any many children and teachers and others that, for mentally ill persons, it is a that we have seen in recent history, in Connecticut, it is a time for Con- diagnosable and treatable condition, Chairman CLEAVER instituted a very gress to begin a thoughtful dialogue on that in the vast majority of cases there successful job initiative. With unem- what we can do to deal with these is no violence involved, and that, as a ployment at record levels, with three mass-casualty incidences in our coun- matter of fact, those with mental ill- to four unemployed persons for every try. They have been going on for some ness are 11 times more likely to be the single job opening, with 50 million in time; but perhaps when we see the victims of aggression rather than the poverty, and with unemployment dis- faces of children, principals, teachers sources of aggression. We can under- parities like none we have ever seen, he and others, it will burn upon our hearts stand some of the risks: these often understood that it was extremely im- and motivate us to take further action. times are people between the ages of 15 portant not only to talk about the need I want to make sure, Mr. Speaker, that and 25, and they generally tend to be for jobs but to take action to bring jobs Congress takes the appropriate action males, intelligent; but we need to make to the people, and that’s exactly what in a thoughtful, willful, determined sure we are identifying and providing Chairman CLEAVER and the Congres- way and that it doesn’t jump to quick resources for care for the families. sional Black Caucus did with last conclusions as if simple fixes will pre- At the Federal Government level, I year’s jobs tour, by launching jobs fairs vent this from happening. also recommend that Congress use a in districts across the country, and we First, to the parents of children thoughtful approach in reviewing every actually connected people with real across America who are asking ques- single mental health program that we jobs. tions, Mr. Speaker, I’d like to offer fund. In the Department of Justice, the Chairman CLEAVER also helped lead some of this advice, and also in my Department of Education, Health and the fight against the efforts to dis- background as a psychologist, it’s im- Human Services, the Department of enfranchise millions of voters. He has portant for people to remember this: Defense, we need a thorough and been a strong advocate for protecting Parents should be asking their chil- thoughtful review of what we spend the most vulnerable among us in ensur- dren what they have heard about the and how it is spent even if it gets down ing that the social safety net stays in incident. We should listen to their con- to the level of family and community. place and in pushing for a budget that cerns and their emotions. We should Understand, for example, in the Chil- is balanced and fair. answer their questions with age-appro- dren’s Mental Health Services pro- Now, as we are all trying to make priate information. We should support gram, it was funded at $117 million in sense of this so-called ‘‘fiscal cliff,’’ I

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7274 CONGRESSIONAL RECORD — HOUSE December 19, 2012 am reminded of what he said so suc- TRIBUTE TO CONGRESSIONAL Finally, as others have spoken of his cinctly as a result of last year’s deal. BLACK CAUCUS CHAIRMAN work on creating jobs for all of Amer- He called it, quite frankly, a ‘‘Satan EMANUEL CLEAVER ica, particularly those underserved, sandwich.’’ He has really been able to The SPEAKER pro tempore. The where the African American job unem- take leadership on these issues be- Chair recognizes the gentlewoman from ployment rate was so high, he was a cause, as a person of faith, he under- Texas (Ms. JACKSON LEE) for 5 minutes. champion during the debate and the stands the moral and the, really, I Ms. JACKSON LEE of Texas. Mr. challenge of passing the Affordable think, extremely deep ethical impacts Speaker, let it be very clear, EMANUEL Care Act, now proudly ObamaCare. of our decisions. He pricks our con- CLEAVER is not retiring from the When we came together that Sunday, science as we approach our delibera- United States Congress, but we are March 19, before we had to go and vote, tions. here to thank him for his service to the it was Chairman CLEAVER that led us Indeed, in what has many times and Congressional Black Caucus as chair, to a prayer service where we wor- often times been the most divisive, po- but really to the Nation. shipped and were renewed. We came larizing, and political climate that Let me thank my colleagues for back ready to cast our votes, to put many of us have experienced, Chairman gathering this morning to raise a voice this great legislation that is going to CLEAVER has used his pastoral skills, of crescendo in thanks and apprecia- save lives over the top. We did it as a his ability to bring people together on tion for this man called EMANUEL body, as a collective body, and as a both sides of the aisle to help us all CLEAVER. His progeny and his ances- group of members of the Congressional through times of trouble. tors are grateful for the mark that he Black Caucus. And so even preceding has made on behalf of America. his time in leadership, he led. Chairman CLEAVER speaks eloquently Finally, Mr. Speaker, let me offer my b 1100 about his origins of hailing from Texas thank-you to this native son of Texas, He is truly a Member’s Member. He and his many relatives who remain a graduate of Prairie View A&M, one of helped to remind us exactly why we are there, even those who are in the sur- the great institutions in the State of all here. And yes, he is a brilliant legis- rounding areas of the 18th Congres- Texas. Let me congratulate his wife lator, but he’s also a prophetic leader. sional District. He’s a proud graduate and his wonderful children and his ex- of Prairie View A&M University in tended family and all those who have Chairman CLEAVER visited my dis- Texas, in the surrounding area of Hous- seen in him the willingness to sacrifice trict on my birthday not long ago, and ton, Prairie View, Texas. He has a for others. Thank you, Chairman he blessed me and my church with a great heritage and connectedness to CLEAVER. The great news is you’re not sermon. And I must say, it was a mov- the Black Power movement, and he is a retiring from this body and your lead- ing, a powerful, and a spirited sermon. good combination of peace, gentleness, ership for America will continue. He’s truly an anointed pastor, and he firmness, leadership, and courage. f has demonstrated this gift in his work And I might say that he was a man and his leadership here in Congress. for these times, just as the Bible dic- TRIBUTE TO CONGRESSIONAL Also, Chairman CLEAVER is a strong tated that Esther was a woman for her BLACK CAUCUS CHAIRMAN environmentalist, and I had the privi- time, was there for a time such as that. EMANUEL CLEAVER lege to visit his district where, as Our chairman of the Congressional The SPEAKER pro tempore. The mayor of Kansas City, he led the way Black Caucus found his role in a num- Chair recognizes the gentlewoman from in the greening of his great city. His ber of challenges that we faced. And if New York (Ms. CLARKE) for 5 minutes. presentation and his clarity on climate I might paraphrase a Biblical story, Ms. CLARKE of New York. Mr. change and how it is affecting God’s hopefully I have it nearly right, but I Speaker, I rise today to pay tribute to planet and its inhabitants is brilliant call this chairman a modern day Jo- the outgoing chairman of the Congres- and it’s clear. Communities of color seph who is able to wear the multicol- sional Black Caucus, the Reverend and and low-income communities owe ored coat, representing constituencies Representative EMANUEL CLEAVER, II, Chairman CLEAVER a debt of gratitude from all backgrounds and going to rep- of Missouri, who is my colleague and for tackling this tough issue with pa- resent his people in a foreign land. good friend. Representative CLEAVER tience and with clarity. Chairman CLEAVER would go to places has graciously served with distinction But I know that Chairman Reverend where others had not gone or raise his in the House of Representatives and Congressman CLEAVER does not stand voice for issues that were unpopular, the Fifth Congressional District of Mis- alone. He has an amazing support sys- and he did so with the consensus and souri for nearly 8 years. tem with his family and his wife, collaboration of the astute and com- He has been an outstanding chairman Dianne, who has been a friend to me mitted members of the Congressional to the Congressional Black Caucus, and to the Congressional Black Caucus. Black Caucus. ushering the caucus through its 40th Dianne is a brilliant and beautiful I went to his district, as many of us anniversary. He cares deeply for all woman who was taught, like myself, by did. We’re proud to see the affection, Americans—children, seniors, and the the Sisters of Loretto. She has been by friendship, and love given to him by his marginalized of our society. Who can his side offering her advice, counsel, constituents. I was so interested in forget his demonstrative leadership on and love. what we call the green corridor; so the CBC Jobs Tour where tens of thou- many are looking to instill and imple- sands of Americans lined up for an op- I thank Chairman CLEAVER for his ment that in their own districts. portunity to present themselves to em- friendship. My congressional district, Thank you, Reverend CLEAVER, for ployers. my pastor, J. Alfred Smith, Sr., and coming to Houston, Texas, on more From creating economic opportunity, Junior, the Allen Temple Baptist than one occasion, but particularly to supporting quality education for all Church in Oakland, California, and my the NAACP banquet when I was named children, to ensuring equal access to entire congressional district deeply ap- a recipient of the Mickey Leland Hu- health care for all Americans, Chair- LEAVER preciate Chairman C ’s gen- manitarian Achievement Award, but man CLEAVER has truly been the em- erosity and his attention, not only to more importantly, for your words of di- bodiment of the conscience of the Con- his remarkable constituents and his minished return that if, in fact, we go gress. district, but to my district, to all of to the lowest common denominator, if After the shooting of our colleague our districts, to our great Nation, and we don’t raise ourselves to the highest Gabrielle Giffords, her staff, and con- to our country. level of challenge, then it becomes a di- stituents in Tucson, Arizona, occurred, Thank you, Chairman Reverend Con- minished return, if I might paraphrase Chairman CLEAVER was one of the first gressman EMANUEL CLEAVER for your Chairman CLEAVER’s words. It was a people to call for civility and the end tremendous leadership, for your friend- rousing and challenging speech that to the toxic rhetoric here in Wash- ship, and I look forward to our con- lifted people off their feet, and it ington. tinuing work together for peace and caused us to think about what we need Congressman CLEAVER led the effort justice. to do. to ensure that all citizens registered to

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7275 vote on National Voter Registration his continuing service as a Member of Mr. RANGEL. I don’t rise to talk Day, which was an initiative to raise this body. He has made us a better Con- about and to give accolades to Con- awareness to block the voter suppres- gress and a better country, and we look gressman CLEAVER because he has sion efforts with the enacting of voter forward to continuing to work with served the Congressional Black Caucus ID laws by numerous States during the him. so well. And the reason I don’t is be- Presidential election this year. f cause I can’t imagine that he won’t This outspoken, soft-spoken minister continue to serve us as he has this ca- HONORING REPRESENTATIVE can bring the fire when needed. I can- pacity to do. EMANUEL CLEAVER not forget his legendary and enthusi- I know that Congresswoman Judge astic speech to Democrats on the press- The SPEAKER pro tempore. The FUDGE is going to do a remarkable job, ing issues that affect all Americans, as Chair recognizes the gentleman from but there is a uniqueness about Rev- demonstrated in his 2012 Democratic New Jersey (Mr. PAYNE) for 21⁄2 min- erend CLEAVER, Pastor CLEAVER, City National Convention speech in Char- utes. Councilman CLEAVER, Mayor CLEAVER, lotte, North Carolina. He is not afraid Mr. PAYNE. Mr. Speaker, today I Congressman CLEAVER. God has given to display his passion for what is right. rise to honor my good friend and men- these terrific assets to be able to take tor, chairman of the Congressional complex, emotional problems and to b 1110 Black Caucus, Representative EMANUEL talk to you like he’s known you all of Chairman CLEAVER is truly a man on CLEAVER, the outgoing chairman of the your life as he helps you to work with a mission for his constituents in Kan- CBC. him to try to find some solution. sas City and all Americans across this An accomplished and esteemed legis- Every time I hear him give a talk, I Nation. A crusader for justice, I am lator, Congressman CLEAVER was in- vision him in his church talking about proud to serve alongside him in the strumental in orchestrating the CBC those things that give inspiration to so Congressional Black Caucus and look For the People Jobs Initiative, which many people that have lost hope, and forward to our continued friendship in brought together private and public especially now, as many have lost their the 113th Congress. sector entities across the Nation to homes and lost jobs. I wish him God’s richest blessings help the unemployed Americans get As we struggle in this Congress and continued success. jobs. today, in trying to bring some balance f He also spearheaded voter protection in terms of our deficit, our spending, as events to bring attention to the State well as our raising the revenue, I can- HONORING EMANUEL CLEAVER voter suppression policies designed to not help but look at the reverend, Con- The SPEAKER pro tempore. The discourage and prevent African Ameri- gressman, chairman in terms of the Chair recognizes the gentleman from cans from exercising their right to words of Matthew, when Jesus made it New York (Mr. ISRAEL) for 5 minutes. vote. abundantly clear that, although the Mr. ISRAEL. Mr. Speaker, I rise to Personally, it was my pleasure to get rich were not asking Jesus for comfort join my colleagues in honoring Chair- to know Congressman CLEAVER as related to providing for the sick and man EMANUEL CLEAVER. I have never through his relationship with my fa- the naked and the poor and the under- had to wait so long to say something ther, the late Congressman Donald privileged, somehow Jesus had said nice about a colleague of ours, and that Payne, Sr. However, I became more ac- what EMANUEL CLEAVER follows, that it’s not what we do here in the Con- gives you a sense of how wonderful quainted with Mr. CLEAVER when I was Chairman CLEAVER has been as the a candidate for the 10th Congressional gress for Members of Congress, indeed, chairman of the CBC, as a Member of District of New Jersey. it’s not what we do for the rich and the Congress, and as a human being. Throughout the many encounters middle class, but the basic question we all have to decide is: What did we do This is a place of hard elbows and with Congressman CLEAVER, he has al- for the lesser among us, the vulnerable, harsh tongues, and Chairman CLEAVER ways shown tremendous leadership, in- the sick, the aged, and the poor? has always worked to make us better, a tellect, kindness, and poise. These better Congress and better as individ- Certainly, EMANUEL CLEAVER pro- characteristics were on full display vides a conscience for all of us that are uals. during the passing of my father. My He and I found common ground very privileged to serve in this august body. family and I were honored to have Mr. Ms. WASSERMAN SCHULTZ. Mr. Speaker, early on in our tenure together. I cre- CLEAVER deliver a very emotional and ated the House Center Aisle Caucus, I rise today to honor one of Congress’s finest uplifting speech that was felt through- members, Chairman EMANUEL CLEAVER, for and he reached out to me and we tried out the church during my father’s his exemplary leadership and service to the to figure out ways of injecting respect home-going service in March. His ad- Congressional Black Caucus. and tolerance and sensitivity into our vice and words of comfort during those While Chairman CLEAVER has worked on discourse on the floor of the House. We very challenging times were tremen- behalf of the people of Missouri’s fifth district share the value that listening is better dous help, and I will always be grateful for the last eight years, and in service to the than shouting and that bringing people for his unwavering support. people of Kansas City as a councilman and together is a more valued tradition During my transition to Capitol Hill, mayor for many more than that, I want his than driving them apart. he offered a great deal of support, of- constituents to know the depth, character, and His leadership of the CBC has in- tentimes stopping me in the hallways accomplishments of the public servant they spired so many of us, his ability to to ask me how am I doing and how can are so fortunate to have representing them drive the CBC forward and, at the same he help. His assistance has eased my and Americans across this country. time, to reach even higher. And I know transition considerably, and I am As Chairman of the Congressional Black that the incoming chairperson, Chair- grateful for the profound impact that Caucus, Congressman CLEAVER has guided woman FUDGE, will pursue those goals Congressman CLEAVER has had on me. its more than 40 members on their mission to with equal tenacity and equal vision. In just a few months, I’ve come to extend the promise of the American dream to Finally, Mr. Speaker, I would say know why my father considered him a every community and corner of this Nation. this. Although EMANUEL CLEAVER as- great colleague and an outstanding Through his tireless advocacy on issues crit- cended to the highest position in the leader. Today I cannot think of a bet- ical to the African American community and Congressional Black Caucus, although ter friend and mentor. his stewardship of the Caucus’s jobs fair initia- he has become a senior Member of this Thank you. tive, Chairman CLEAVER worked to bring the Congress, he has never forgotten that f business community together with the many our fundamental ability is to work for talented and skilled workers that were dis- HONORING THE SERVICE OF CON- those we serve, and he has reminded us proportionately impacted during this recent GRESSMAN EMANUEL CLEAVER every single day that no matter how economic recession. high you are at any given time, there The SPEAKER pro tempore. The He has worked to ensure that every child is always a higher calling. And for that Chair recognizes the gentleman from has an opportunity to receive a quality edu- we are forever grateful to Chairman New York (Mr. RANGEL) for 21⁄2 min- cation; that every man and woman can exer- CLEAVER, for his service to the CBC and utes. cise their constitutional right to vote, and that

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7276 CONGRESSIONAL RECORD — HOUSE December 19, 2012 the doors of economic and social opportunity We were continually challenged during the declares the House in recess until noon are open to every American who seeks to step 112th Congress, the recession, the conten- today. through them. tious election season and its voter suppres- Accordingly (at 11 o’clock and 17 And, like so many of my fellow Members, I sion initiatives, the ethics attacks on our mem- minutes a.m.), the House stood in re- have the privilege of knowing Chairman bers, and the Tea Party influence on our Re- cess. CLEAVER as a dear friend and mentor. He is publican colleagues made it a particularly f always ready with a kind or encouraging word, challenging two years. no matter the situation or where he stands on But he met and led us to meet those chal- b 1200 the issues. lenges head on and took the CBC to yet an- AFTER RECESS I salute the Chairman for his distinguished other higher level. I was proud to serve as his The recess having expired, the House leadership and achievements with the Con- First Vice-chair. gressional Black Caucus and congratulate him I know these years were full of sacrifice for was called to order by the Speaker at on this milestone in his career. As colleagues, him and his family and so I proudly join all of noon. we are grateful that we will continue to benefit the other members of the CBC to tell him f from his service and friendship for years to thank you for his excellent and significant PRAYER come. stewardship. Ms. EDDIE BERNICE JOHNSON of Texas. Mr. JOHNSON of Georgia. Mr. Speaker, I The Chaplain, the Reverend Patrick Mr. Speaker, I rise today to honor our col- rise today to congratulate Congressman J. Conroy, offered the following prayer: league, the Honorable EMANUEL CLEAVER III. EMANUEL CLEAVER, for the great job he has Eternal God, we give You thanks for Congressman CLEAVER has served with dis- done as Chairman of the Congressional Black giving us another day. We pause in tinction during the 112th Congress as the 20th Caucus in the 112th Congress. Your presence and ask guidance for the chair of the Congressional Black Caucus As the 20th chair of the Congressional men and women of the people’s House. (CBC). Black Caucus, Congressman CLEAVER has Enable them, O God, to act on what During his tenure as CBC chair, Chairman benefited from the legacy of many great lead- they believe to be right and true and CLEAVER focused on bringing critical issues ers from our past. just, and to do so in ways that show re- before the United States that are of impor- A legacy that includes inspiring leaders like spect for those with whom they dis- tance to Black America such as voter protec- Shirley Chisholm, the first African American fe- agree. tion, job creation, inequity in unemployment, male Member to be elected to Congress, Send Your healing upon our Nation. the debt-ceiling and many other pressing Charles Diggs, Jr., the first Chairman of the As we continue to recover from such a issues facing our country. As a co-chair of the Congressional Black Caucus, and the late great tragedy, endow the Members of CBC Technology and Infrastructure taskforce I great Congressman Donald Payne from New this House and all our governmental have worked closely with Chairman CLEAVER Jersey. leaders with the wisdom to respond to advocate for the needs of community col- I can say with great sincerity, that Con- with whatever policies and laws might leges, increased workforce training, initiatives gressman CLEAVER has established a legacy be needed to ensure greater peace and to broaden participation in STEM and inad- of his own. security in our land. equate, outdated, and underfunded transpor- During his tenure as CBC Chairman Con- Bless us this day and every day, and tation systems. gressman CLEAVER has sought to fight the may all that is done be for Your great- Chairman CLEAVER deserves to be com- pervasive job loss in the African American er honor and glory. mended for highlighting African-American in- community by promoting the CBC jobs initia- Amen. equity in unemployment and spearheading the tive. f Congressional Black Caucus Jobs tour this Chairman CLEAVER has led Members of the past summer. The jobs tour was a nationwide Congressional Black Caucus across the coun- THE JOURNAL initiative that helped pair thousands of unem- try, where we have called upon private and The SPEAKER. The Chair has exam- ployed African Americans with employers and public sector partners to immediately remedy ined the Journal of the last day’s pro- brought the issue to the forefront of the na- the jobs crisis by going into communities with ceedings and announces to the House tional discussion. As past chair of the CBC I legitimate employment opportunities for the his approval thereof. know that the work of the Caucus truly serves undeserved. Pursuant to clause 1, rule I, the Jour- as a voice for the voiceless and its 43 Mem- Under Representative CLEAVER’s leadership, nal stands approved. bers serve as the conscience of the United the CBC has hosted town hall meetings and States Congress. job fairs in the hardest hit, economically dis- f It has been an honor to be a friend and col- tressed areas to provide opportunities for peo- PLEDGE OF ALLEGIANCE league of Chairman CLEAVER during our years ple to be connected to real employment. The SPEAKER. Will the gentle- in Congress. He continues to inspire and en- When Republican state legislators decided woman from California (Ms. CHU) come courage us all through his milestone of service to pass egregious voter I.D. laws to undermine forward and lead the House in the to our Nation throughout his tenure as a the Voting Rights Act of 1965, Congressman Pledge of Allegiance. United States Congressman. CLEAVER made sure that the Congressional Ms. CHU led the Pledge of Allegiance Mr. Speaker, I would like to recognize Black Caucus was at the forefront of the fight as follows: Chairman CLEAVER for his many accomplish- to educate the voting public about these laws, ments during his tenure as Chairman of the and stop them in their tracks. I pledge allegiance to the Flag of the CBC. After working under the leadership of Con- United States of America, and to the Repub- lic for which it stands, one nation under God, Mrs. CHRISTENSEN. I rise in tribute to the gressman CLEAVER for the last two years, I indivisible, with liberty and justice for all. Chair of the Congressional Black Caucus, the can attest with great confidence that he has Honorable EMANUEL CLEAVER this morning. shown a natural aptitude for strong leadership, f Every Chair brings a special brand of lead- with a clear vision that will serve as a great CORRECTING THE ENROLLMENT ership to the Caucus and every term in which example for future CBC Chairmen for years to OF S. 2367 that Chair serves has its own unique chal- come. lenges. I think my colleagues would agree with me Mr. OLSON. Mr. Speaker, I ask unan- imous consent to take from the Speak- Chairman EMANUEL CLEAVER led the 112th when I say—Congressman CLEAVER, you Caucus with humor and equanimity and pro- have served well. er’s table Senate Concurrent Resolu- vided a strong and unwavering moral compass Thank you for your commitment and your tion 63 and ask for its immediate con- for not just the CBC, but for the entire Demo- tireless effort on behalf of the CBC. sideration in the House. cratic Caucus. I look forward to working with you, and con- The Clerk read the title of the con- His stories—we never knew where he was tinuing to ‘‘fight the good fight’’ in the 113th current resolution. going with them until the end—were always Congress. The SPEAKER. Is there objection to full of wit and ‘‘down-home wisdom’’ and al- f the request of the gentleman from ways held a message to remind us ‘‘whose we Texas? are’’ and ‘‘what is expected of us.’’ There was RECESS There was no objection. always an inspirational message to fuel us for The SPEAKER pro tempore. Pursu- The text of the concurrent resolution the task. ant to clause 12(a) of rule I, the Chair is as follows:

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RES. 63 atives for the One Hundred Thirteenth Con- and it makes the case that the U.S. Resolved by the Senate (the House of Rep- gress be printed as a House document, and Government’s policy of intervention in resentatives concurring), That the Secretary that three thousand additional copies shall Libya was wrong and that everything of the Senate is requested to return to the be printed and bound for the use of the House that proceeds from that intervention is of Representatives, of which nine hundred House of Representatives the enrolled bill (S. bound to be tainted. 2367, an Act to strike the word ‘‘lunatic’’ sixty copies shall be bound in leather with thumb index and delivered as may be di- The book of Ecclesiastes says: That from Federal law, and for other purposes). which is crooked cannot be made Upon the return of such bill, the action of rected by the Parliamentarian of the House. straight. Nothing will ever be made the Speaker of the House of Representatives The resolution was agreed to. straight about U.S. intervention in in signing it shall be rescinded. The Sec- A motion to reconsider was laid on Libya. retary of the Senate shall reenroll the bill the table. with the following correction: In section f 2(b)(1)(B), strike ‘‘in subsection (b)’’ and in- f sert ‘‘in subsection (j)’’. SEQUESTRATION MUST BE ANNOUNCEMENT BY THE SPEAKER ADDRESSED The concurrent resolution was con- The SPEAKER. The Chair will enter- curred in. (Mr. WILSON of South Carolina tain up to 15 requests for 1-minute A motion to reconsider was laid on asked and was given permission to ad- speeches on each side of the aisle. the table. dress the House for 1 minute and to re- f vise and extend his remarks.) f Mr. WILSON of South Carolina. NO WASHINGTON PERMIT Madam Speaker, with the negotiations AUTHORIZING THE USE OF THE REQUIRED ROTUNDA OF THE CAPITOL FOR surrounding the fiscal cliff, the admin- THE LYING IN STATE OF THE (Mr. POE of Texas asked and was istration is ignoring sequestration. REMAINS OF THE LATE HONOR- given permission to address the House This important issue must be addressed ABLE DANIEL K. INOUYE for 1 minute.) which devastates national security and Mr. POE of Texas. Mr. Speaker, the destroys 700,000 jobs. Mr. OLSON. Mr. Speaker, I ask unan- United States State Department has In addition, I am grateful for the op- imous consent to take from the Speak- haughtily told Israel not to build portunity to offer a fond farewell to er’s table Senate Concurrent Resolu- homes in East Jerusalem. It might two hardworking staffers, Ryann DuR- tion 64 and ask for its immediate con- upset the Palestinians, sayeth the ant, office scheduler, and Master Gun- sideration in the House. State Department. It might even hurt nery Sergeant Michelle King, military The Clerk read the title of the con- their feelings. Fellow of the United States Marine current resolution. The United States has no business Corps. Both women have served with The SPEAKER. Is there objection to telling Israel or any other country dedication to the people of South Caro- the request of the gentleman from where they can or cannot build homes lina’s Second Congressional District. Texas? in their own country. Israel doesn’t Michelle is relocating to the Pentagon There was no objection. need a construction permit from Wash- where she will work with the Sexual The text of the concurrent resolution ington to build a house on their own Assault Prevention and Response Of- is as follows: land. What would we think if some fice. Ryann is taking a legislative cor- S. CON. RES. 64 country told us we couldn’t build respondent and press assistant position Resolved by the Senate (the House of Rep- homes in certain parts of our Nation? with her new hometown representative resentatives concurring), That in recognition We would tell that country, in prob- of Myrtle Beach, Congressman-elect of the long and distinguished service ren- ably not very polite language, ‘‘Mind TOM RICE. Their competence, hard dered to the Nation by Daniel K. Inouye, a your own business.’’ work, and good humor will be missed. Senator from the State of Hawaii and for- We wish them all the best of success in merly a Representative from that State, his The United States is once again med- dling in the internal affairs of a sov- the future. remains be permitted to lie in state in the In conclusion, God bless our troops, rotunda of the Capitol on December 20, 2012, ereign nation. This is the arrogance of and the Architect of the Capitol, under the power. In the meantime, Prime Min- and we will never forget September the direction of the Speaker of the House of Rep- ister Netanyahu of Israel is going 11th in the global war on terrorism. resentatives and the President pro tempore ahead with the housing project without f of the Senate, shall take all necessary steps the United States building permit. And for the accomplishment of that purpose. WHAT OUR LAX GUN LAWS BRING good for him. US The concurrent resolution was con- And that’s just the way it is. curred in. (Ms. CHU asked and was given per- A motion to reconsider was laid on f mission to address the House for 1 the table. NOTHING WILL EVER BE MADE minute.) Ms. CHU. Twenty children ages 6 and f STRAIGHT ABOUT U.S. INTER- VENTION IN LIBYA 7 went to school last Friday to learn, to play, to take their first steps into PROVIDING FOR THE PRINTING OF (Mr. KUCINICH asked and was given A REVISED EDITION OF THE this world. What happened to them and permission to address the House for 1 six brave teachers determined to pro- RULES AND MANUAL OF THE minute and to revise and extend his re- HOUSE OF REPRESENTATIVES tect them is horrific and unimaginable. marks.) Our hearts break for their families, FOR THE ONE HUNDRED THIR- Mr. KUCINICH. This past September TEENTH CONGRESS their friends, and their loved ones. 11, four Americans, including our Am- What has been taken from them cannot Mr. OLSON. Mr. Speaker, I send to bassador, were killed in Benghazi. be taken back. the desk a resolution and ask unani- The responsibility for security fail- The tragedy at Sandy Hook happened mous consent for its immediate consid- ures has now been placed on the State because we turned a blind eye to the eration in the House. Department. End of story? No. The carnage our lax gun laws bring us. It’s The Clerk read the title of the resolu- deeper question is why did the U.S. in- time to change those laws before an- tion. tervene in Libya in the first place. other school, mall, or movie theater is The SPEAKER. Is there objection to Twenty months after a U.S.-led mis- turned into a crime scene. the request of the gentleman from sion to overthrow the Libyan Govern- We must ban assault weapons. We Texas? ment, militias are still battling in the must ban extended ammunition clips There was no objection. streets for control; al Qaeda-linked that shoot 30 bullets at a time. We The text of the resolution is as fol- groups have a foothold in Libya they must demand that everyone every- lows: did not have before U.S. intervention. where receives a thorough background H. RES. 836 Why did we spend U.S. tax dollars to check if they want to own a gun. Resolved, That a revised edition of the open the door for al Qaeda in Libya? It’s time to reclaim our security, and Rules and Manual of the House of Represent- The intervention itself was a disaster, it starts by making changes to the law.

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Madam Speaker, I (Mr. OLSON asked and was given per- He was first elected to the House in rise today to honor Dr. John mission to address the House for 1 1990, and then he was appointed to the Matsushima, who will be honored as a minute and to revise and extend his re- Senate, where he currently represents Citizen of the West at the National marks.) the Seventh District, including Pend Western Stock Show this coming Janu- Mr. OLSON. Madam Speaker, I rise Oreille, Ferry, Stevens, and parts of ary. This prestigious award has been today to express the sorrow I feel about Okanogan and Spokane Counties. He presented since 1978, and the selected the tragedy that happened in Newtown, owned a small logging business and ran recipient must embody the spirit and Connecticut, last Friday. cattle while also preaching at his local determination of the Western pioneer I have a personal connection with church and serving the community. who is committed to perpetuating the Newtown. After being transferred from But Bob is not just an outstanding West’s agricultural heritage and ideals. Texas, my parents were sent to Con- legislator for eastern Washington; he is I can think of no better person to re- necticut, to the corporate headquarters also a close friend, a mentor, and the ceive this honor than Dr. Matsushima. of my father’s company. They bought a reason that I got into politics and pub- Now 91 years old, he has dedicated home in Newtown. My brother grad- lic service in the first place. his life to teaching others about agri- uated from Newtown High School. I As an elected official, I’ve worked culture and livestock. He began teach- would go to Newtown for the holidays. with him on countless issues, and his ing in 1961 at Colorado State Univer- I have driven past Sandy Hook Elemen- advice and friendship have been invalu- sity, and he continued to enrich the tary School—the place where 20 inno- able. He is recognized for his leadership lives of students until his retirement in cent children and six adults were killed and knowledge of forest health and 1992. Dr. Matsushima currently holds by a madman. good forest management. No one knows the title of professor emeritus at Colo- As a parent, I cannot imagine the Western water law better than Bob, rado State University, and still spends pain the families who lost a child are and he has participated in most of the significant time on campus as an ad- feeling. From my brief time in New- negotiations over Washington water viser to those who will be future stew- town, I saw that it was a true commu- law. ards of agriculture. nity with strong people. They will go Bob and his wife, Linda, have five Among his many honors and awards, forward, but they need our thoughts, children and 11 grandchildren, and I Dr. Matsushima received the Japan our prayers, and our love. know they’re looking forward to spend- Emperor award in 2009 and was the first May God bless them and help them ing more time with them in their re- Japanese American to achieve this ac- find peace. tirement. I wish them the best in their complishment. He has also received na- f next adventures. tional and Colorado 4–H Club awards, the Colorado State University Live- MEDICARE IDENTITY THEFT f stock Leader award, and Colorado PREVENTION ACT SUPERSTORM SANDY DISASTER State’s Best Teacher award. (Mr. ALTMIRE asked and was given ASSISTANCE PACKAGE He is a true pioneer who has com- permission to address the House for 1 mitted his life’s work to Colorado and minute.) (Mr. SIRES asked and was given per- to the Western United States. These Mr. ALTMIRE. Madam Speaker, mission to address the House for 1 stories highlight an amazing man, and today the House will consider the minute.) I am proud to honor Dr. Matsushima on Medicare Identity Theft Prevention Mr. SIRES. Madam Speaker, it has the House floor. Act, and I urge my colleagues to sup- been nearly 8 weeks since Superstorm f port it this afternoon. Sandy struck our shores and dev- Despite actions taken by this House astated an entire region. It has been 8 MAINTAIN THE C–130 FLEET and Federal agencies, Medicare iden- weeks, and Congress has yet to send a (Mr. HIGGINS asked and was given tity theft continues to be a problem. disaster assistance package to the af- permission to address the House for 1 Medicare’s own inspector general fected States. minute.) issued a report stating that more than It is precedent for this body to stand Mr. HIGGINS. Madam Speaker, this a quarter-million Medicare bene- together in the aftermath of a natural week, conferees met to reach an agree- ficiaries are potential victims of iden- disaster and to immediately provide ment on the National Defense Author- tity theft. This is simply unacceptable. the necessary assistance in order to ization Act. As we consider a final The bill we will consider today help communities recover and rebuild. agreement, I rise in support of lan- makes a commonsense change to Medi- Two weeks after Hurricane Katrina hit guage in the conference report which care cards that most seniors carry. It the gulf coast, Congress approved more prevents the movement and retirement will ensure that, in the future, Social than $62 billion in Federal aid. One of C–130 aircraft. Security numbers are not displayed or month after Hurricanes Ike and Gustav Madam Speaker, western New York embedded on these cards, which are hit Texas, Congress approved more is home to the Niagara Falls Air Re- issued to every Medicare beneficiary. than $20 billion in aid. serve Station, which hosts a robust Seniors spend their whole lives build- Why can’t this Congress come to- fleet of C–130 aircraft. These aircraft ing financial security for their retire- gether and approve the $60 billion re- were among the planes used to deliver ment years. They shouldn’t have to quested by the President to help the supplies to the regions of New York worry about losing it if someone steals victims of Sandy? The damage done by and New Jersey in the aftermath of one’s Medicare card. Sandy is far beyond the resources and hurricane devastation. Additionally, f capacity that any single State pos- these western New York aircraft flew sesses to recover on its own. over 1,500 missions in Iraq and Afghani- HONORING THE CAREER OF BOB It is my hope that this Chamber can stan. MORTON, AN EASTERN WASH- set aside its differences and swiftly ap- Representatives KATHLEEN HOCHUL, INGTON LEGEND prove the supplemental funding. Such LOUISE SLAUGHTER, and I wrote to the (Mrs. MCMORRIS RODGERS asked assistance will aid those who have lost conferees on this important issue, and and was given permission to address everything in the storm, and it will we are pleased that the committee the House for 1 minute and to revise help to rebuild our communities agreed to keep in language in the and extend her remarks.) stronger than ever. New Jersey, New House-passed bill to maintain the C–130 Mrs. MCMORRIS RODGERS. It is York, and Connecticut have always fleet. I encourage the House to support with great pride that I rise today to stood by other regions of this Nation

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7279 that have been faced with difficult cir- what Dick’s Sporting Goods did in the cense. The Department of Defense cumstances. I trust that my colleagues moment they wanted to be part of the spends $140 billion a year training our in Congress will now come to our aid. solution and a part of America. Let us military personnel, the best in the f mourn with action. world. It would be ludicrous to not use God bless those who have lost their that investment to get them jobs here THE NEWTOWN TRAGEDY AND lives. at home. THE NEED FOR TIGHTER GUN Eight States have already passed leg- CONTROL f islation to develop the process. I en- (Ms. TSONGAS asked and was given b 1220 courage Members of Congress, talk to permission to address the House for 1 COMMEMORATING LIFE OF JENNI their State and their Governor to get minute.) RIVERA this done. Ms. TSONGAS. Madam Speaker, f every corner of America has been deep- (Ms. LINDA T. SA´ NCHEZ of California ly affected by the tragic loss of so asked and was given permission to ad- FISCAL TURNING POINT many lives in Newtown, Connecticut. dress the House for 1 minute.) (Mrs. DAVIS of California asked and ´ We mourn for the enormity of grief and Ms. LINDA T. SANCHEZ of Cali- was given permission to address the for the inconsolable loss visited upon fornia. Madam Speaker, today I rise to House for 1 minute.) Newtown’s families, and we know that honor and commemorate the life of Mrs. DAVIS of California. Madam our response to Newtown must not and Mexican American singer Jenni Rivera. Speaker, as a Nation, we are gaining cannot go the way of the many other Jenni used her powerful voice, soulful momentum as our economy gets back senseless acts of violence we almost singing style, and honest lyrics to cre- on track. For my constituents in San routinely witness. The tragedy in New- ate a message that spoke to the resil- Diego, home prices are on the rise and town must be a call to action. iency of women. most employers are adding jobs and Members from both sides of the aisle That powerful voice was silenced for- hours instead of cutting back. We can- have acknowledged that it is time for a ever when she and six others were not afford to undo the progress we are conversation about the accessibility of killed in a plane crash on November 9. making, especially for the middle high-capacity weapons in our country Born and raised in Long Beach, Cali- class. and of the culture of violence we live fornia, to immigrant parents from The only way to accelerate our eco- in. This conversation is long overdue, Mexico, Jenni Rivera started her ca- nomic progress is to balance economic and it is simply not an option to allow reer selling her CDs at flea markets. development with protection for the this discussion to become stagnant or When she died at the age of 43, Jenni most vulnerable Americans from job to be bullied into silence by seemingly was a top-selling artist, an actress, tel- losses, tax increases, and program cuts. untouchable organizations. evision producer, and entrepreneur. Americans young and old need to know America’s laws must reasonably con- Tragically, she was on the cusp of that Congress believes in the future trol gun manufacturing, sale, and multicultural stardom when she died. and that we’ll work together to keep usage. We must act to make real She had just finished filming her first our country on the rise. changes that will provide real protec- film and was in talks with ABC to star I think often of Gandhi’s statement: tion for America’s families. In the days in her own sitcom. The future depends on what we do in to come, let us work together to do Her talent and authenticity shined the present. just that. brightly in a music genre dominated by Let’s not waste this critical oppor- men. Jenni’s lyrics offered a new and f tunity to advance economic growth refreshing woman’s perspective. and invest in our future. LET US MOURN WITH ACTION Madam Speaker, please join me in f (Ms. JACKSON LEE of Texas asked honoring the memory of Jenni Rivera and was given permission to address and the message of empowerment she PREVENTING MORE SANDY HOOKS the House for 1 minute.) gave to millions of women that she (Mr. PRICE of North Carolina asked Ms. JACKSON LEE of Texas. Madam spoke for. and was given permission to address Speaker, you will hear many voices f the House for 1 minute.) being raised in the backdrop of an un- Mr. PRICE of North Carolina. Madam speakable tragedy from which, even as IMPLEMENTING THE HIRE ACT Speaker, we have experiences in our Members think of it, they cry. (Mr. WALZ of Minnesota asked and personal and collective lives that chal- Just a few minutes ago, there was a was given permission to address the lenge us profoundly, forcing us to press conference in which there was House for 1 minute.) search our souls and to change our be- probably not a dry eye in that room as Mr. WALZ of Minnesota. Madam havior. Our Nation experienced such a Members gave tribute to those lives Speaker, as more and more of our moment on Friday as 20 children were lost and to those being buried today, brave warriors return from Afghani- gunned down at Sandy Hook Elemen- and as they spoke of their own anguish, stan, more and more of them are look- tary School, along with six teachers their lost children, and of the loss of ing for work. It’s our duty as a Nation and administrators who were attempt- their fellow staff members in a gun in- to make sure that we’re doing every- ing to protect them. cident. thing possible to get these troops reem- As we mourn and reach out to the So I rise today to say that we must ployed. That’s why I’d like to applaud families of Newtown, we owe the vic- act and can act and can pass legisla- both the Senate and the House for in- tims and each other serious consider- tion even this week. I join with Sen- cluding in the National Defense Au- ation of how to prevent more New- ator FEINSTEIN’s effort and Congress- thorization Act the Helping Iraq and towns and Auroras and Oak Creeks and man PERLMUTTER’s and Congress- Afghanistan Veterans Return to Em- Tucsons. We must shore up mental woman MCCARTHY’s and that of many ployment, the HIRE Act. health outreach and support, especially others with legislation. I join with the What it does is establish a very com- for troubled young people. And politi- legislation of H.R. 277, that talks about monsense process that encourages cally difficult as it may be, we must protecting our children, which was in- State credentialing authorities to con- deal with the instruments of destruc- troduced by myself. I join with the sider certain military occupational tion, keeping deadly weapons out of statement by the Progressive Caucus training when granting licenses. It the hands of violent and deranged peo- that speaks about this ammunition, makes absolutely no sense to force a ple and removing weapons of mass kill- these guns, and mental health. I also battlefield medic to spend time and ing from our streets. join with Dick’s Sporting Goods store. Federal dollars taking redundant train- The horror of Sandy Hook must over- I will just personally say to those ing to be an EMT. It makes no sense come any temptation to accept the un- who are listening: maybe you’ll want for a State agency that wouldn’t count acceptable or to avoid responsibility to turn in your guns. Oh, no. I am not hundreds of hours driving heavy equip- for addressing the crying need for going to take your guns, but look at ment in Afghanistan to get a CDL li- change.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7280 CONGRESSIONAL RECORD — HOUSE December 19, 2012 RESOLVING FISCAL CLIFF Mr. CICILLINE. Madam Speaker, our shared responsibility to support (Ms. HANABUSA asked and was yesterday my office hosted the Brady and treat those in this country who given permission to address the House Campaign to Prevent Gun Violence, need our help so desperately. I urge our for 1 minute.) and I met with families whose lives colleagues to support a more construc- Ms. HANABUSA. Madam Speaker, have been devastated by gun violence, tive Federal role in assuring proper and people have no idea what we’re doing families who lost loved ones in Col- early diagnosis and intervention of af- because we don’t know what we’re umbine, at Virginia Tech, at Aurora, fected youth and appropriate treat- doing. It reminds me of being in traffic: and in other incidents. No words of ment. we all hurry to get to where—to an- mine could ever match the pain that I congratulate President Obama and other bottleneck and to wait. these families felt as a result of these Vice President BIDEN for their leader- Resolving the fiscal cliff is an oppor- losses. ship in moving our Nation to a better tunity to show that we can work to- The recent tragedy in Newtown, un- day for us all. So many of us here in gether in a bipartisan manner; but to fortunately, is the most recent in a Congress wish to join them in this do so, we must listen and put the peo- long series of mass killings involving great national challenge. guns. But this incident is especially ple first and the party second. If we f don’t, a middle class family of four will horrific because it involved the slaugh- see their taxes rise by $2,200 in 2013. ter of 20 innocent children and their ANNOUNCEMENT BY THE SPEAKER Unemployment will go up to 9.1 per- teachers. This must mark a turning PRO TEMPORE cent. point in the debate over commonsense The SPEAKER pro tempore (Mrs. Remember, the cost of extending all gun safety laws. It’s critical for law- EMERSON). Pursuant to clause 8 of rule of the Bush tax cuts is $2.4 trillion in 10 makers on both sides of the aisle to XX, the Chair will postpone further years. Extend the middle class tax cuts commit themselves to do everything proceedings today on motions to sus- and let the Bush tax cuts for the upper we can to end this violence because pend the rules on which a recorded vote 2 percent return to the Clinton rates. commonsense gun laws aren’t Demo- or the yeas and nays are ordered, or on We cannot sacrifice the middle class, cratic values or Republican values; which the vote incurs objection under the steady job growth that we’ve seen they’re American values. And if our clause 6 of rule XX. just to protect the upper 2 percent. values as Americans mean anything at Record votes on postponed questions This is not the message we want to all, then surely all Americans are enti- will be taken later. send, and this is not the message Re- tled to enjoy their lives and live in publicans want to send. neighborhoods that are safe and free f f from gun violence. REFERRING QUAPAW TRIBE OF There is lots of talk about a national ADDRESSING GUN VIOLENCE OKLAHOMA TRUST CLAIMS TO conversation, beginning a dialogue. COURT OF FEDERAL CLAIMS (Mr. HIMES asked and was given per- The time for talking is over. Now we Mr. SMITH of Texas. Madam Speak- mission to address the House for 1 must act: banning assault weapons and er, I move to suspend the rules and minute.) high-capacity assault clips, fixing our agree to the resolution (H. Res. 668) to Mr. HIMES. Madam Speaker, I joined criminal background check system, refer H.R. 5862, a bill making congres- my colleagues in the Connecticut dele- and closing loopholes that allow 40 per- sional reference to the United States gation in Newtown last Sunday night. cent of gun sales to go forward without Court of Federal Claims pursuant to We will never forget that vigil—the de- background checks. spondency, the anger, the hopelessness. sections 1492 and 2509 of title 28, United But over time, that emotion turns into f States Code, the Indian trust-related the imperative that we act as public of- b 1230 claims of the Quapaw Tribe of Okla- ficials to make sure that this never RECENT DECREASE IN MENTAL homa (O-Gah-Pah) as well as its indi- happens again. HEALTH FUNDING vidual members, as amended. We have so much to do in a Nation The Clerk read the title of the resolu- awash in guns, and not just guns, but (Ms. KAPTUR asked and was given tion. guns that are designed for the explicit permission to address the House for 1 The text of the resolution is as fol- purpose to do nothing but to kill lots minute.) lows: Ms. KAPTUR. Madam Speaker, in of people quickly, in a Nation that H. RES. 668 celebrates violence as a solution and as view of what has happened in Newtown, Connecticut, it is important to place Resolved, entertainment, in a Nation that does SECTION 1. REFERRAL. not do enough to address the needs of on the Record the fact that our Nation has been experiencing the largest re- Pursuant to section 1492 of title 28, United its mentally disturbed. States Code, the bill (H.R. 5862), entitled ‘‘A One thing we should do right away, duction in State mental health services Bill relating to members of the Quapaw though, is put to rest forever the per- of this generation. According to the Tribe of Oklahoma (O-Gah-Pah),’’ now pend- nicious fantasy that more people car- National Alliance on Mental Illness, ing in the House of Representatives, is re- rying arms will make us safer. That’s States have cumulatively cut over $1.8 ferred to the chief judge of the United States not backed by fact. It’s not backed by billion from their mental health serv- Court of Federal Claims for a determination data. It’s not backed by history. It is a ices between 2009 and 2011. This is the as to whether the Tribe and its members testosterone-laden fantasy. A gun in largest reduction in State mental have Indian trust-related legal or equitable claims against the United States other than the home is 22 times more likely to be health services in half a century. With 1 in 17 people in America living the legal claims that are pending in the used in a suicide or a murder or violent Court of Federal Claims on the date of enact- assault than it is likely to be used in with a serious neurological condition, ment of this resolution. how is this tremendous decrease in self-defense. SEC. 2. PROCEEDING AND REPORT. The RAND Corporation studies show funding possible or humane? Upon receipt of the bill, the chief judge that police officers trained in a situa- Often, those who suffer the most are shall— tion of an exchange of gunfire hit their angels of destiny. According to a report (1) proceed according to the provisions of intended target less than two in 10 from the Federal Bureau of Justice sta- sections 1492 and 2509 of title 28, United times—trained police officers. Ladies tistics, more than half of our country’s States Code, notwithstanding the bar of any and gentlemen, more guns do not make prison population suffers or has suf- statute of limitations; and for a safer America. fered from mental disorders, but only a (2) report back to the House of Representa- tives, at the earliest practicable date, pro- f fraction of that population receives treatment during their incarceration. viding— (A) findings of fact and conclusions of law COMMONSENSE GUN SAFETY And, in fact, individuals with mental LAWS that are sufficient to inform the Congress of illness are far more likely to be vic- the nature, extent, and character of the In- (Mr. CICILLINE asked and was given tims of crime than the perpetrators. dian-trust related claims of the Quapaw permission to address the House for 1 Newtown is a national tragedy, Tribe of Oklahoma and its tribal members minute.) Madam Speaker, but it reveals again for compensation as legal or equitable

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7281 claims against the United States other than dismiss the case and also refused to re- This makes this congressional ref- the legal claims that are pending in the spond to a formal settlement demand erence bill an appropriate measure to Court of Federal Claims on the date of enact- proffered by the tribe. help bring this matter to a final resolu- ment of this resolution; and The government’s foot-dragging ne- tion. By referring the case to the Fed- (B) the amount, if any, legally or equitably cessitates our passage of House Resolu- due from the United States to the claimants. eral claims court, they can consider all tion 668 today. The bill doesn’t guar- the evidence, submit a report on what The SPEAKER pro tempore. Pursu- antee a desired outcome; it only allows the court believes to be the appropriate ant to the rule, the gentleman from the Quapaw a chance to go before the value of the tribal claim, and then, Texas (Mr. SMITH) and the gentle- Federal court of claims and make their based on that court’s findings and con- woman from California (Ms. ZOE LOF- best case. Even if the court rules in clusions, Congress can play its appro- GREN) each will control 20 minutes. their favor, the Natural Resources priate role to consider whether or not The Chair recognizes the gentleman Committee must still move subsequent it is in the interest of justice to pass a from Texas. legislation that incorporates the private claims bill or otherwise appro- GENERAL LEAVE court’s decision through both Houses of priate funds to satisfy the claim. Mr. SMITH of Texas. Madam Speak- Congress. This procedure will help the Congress er, I ask unanimous consent that all Also, a revision to the bill stipulates do the right thing, and that’s why Members may have 5 legislative days that an award of damages by the court we’re sent here, to do the right thing. in which to revise and extend their re- only applies to claims that are not al- So I ask my colleagues to support marks and include extraneous material ready pending before the Court of Fed- this important legislation. I commend on the bill under consideration. eral Claims. This ensures that claim- Congressman COLE for his diligent pur- The SPEAKER pro tempore. Is there ants will not be doubly or excessively suit of this matter of justice. objection to the request of the gen- compensated. I reserve the balance of my time. tleman from Texas? Again, I want to thank the gen- Mr. SMITH of Texas. Madam Speak- There was no objection. tleman from Oklahoma (Mr. COLE) for er, I yield as much time as he may con- Mr. SMITH of Texas. Madam Speak- his persistence on this issue and for in- sume to the gentleman from Oklahoma troducing this particular bill. I urge er, I yield myself such time as I may (Mr. COLE), who is the sponsor of this consume. my colleagues to support House Reso- legislation. Madam Speaker, first of all, I want lution 668. Mr. COLE. I thank the gentleman for I reserve the balance of my time. to thank the gentleman from Okla- yielding. Ms. ZOE LOFGREN of California. homa (Mr. COLE) for sponsoring House I had a long oration I was going to Madam Speaker, I yield myself such Resolution 668. make, but I want to be quite honest. time as I may consume. This bill allows a Native American My good friend Chairman SMITH and Tribe that resides in Oklahoma, the I rise in support of House Resolution 668, a congressional reference bill con- my good friend Ranking Member LOF- Quapaw, to appear before the United cerning the trust-related claims of the GREN have actually covered the case as States Federal court of claims to plead Quapaw Tribe of Oklahoma. well or better than I can. They’re both for damages against the Federal Gov- Now, congressional reference bills are distinguished attorneys. They under- ernment for mismanagement of tribal rare in Congress. The House hasn’t con- stand the intricacies involved here, so funds. The court would issue a report, sidered such a bill since 2002 in the there’s no need for me to go through either favorable or unfavorable, to the 107th Congress, but the fact that this and literally repeat point by point tribe. If favorable, the Natural Re- procedure is a rare one doesn’t mean what they have already made. sources Committee would be author- that it isn’t a useful one. I do want to make one central point, ized to move separate legislation to ef- Unlike most other legislation, ref- or two points. fect the court’s decision. erence bills require passage in only one First, I want to thank both of them. In 2002, the tribe filed a lawsuit for Chamber to take effect. If passed by ei- This is a matter of justice. This is a bi- an accounting in Federal district court ther the House or Senate, the bill partisan effort to try and make sure of the U.S. Government’s mismanage- would simply refer a claim against the that an Indian nation that has a legiti- ment of tribal and tribal member trust U.S. Government to the U.S. Court of mate claim against the United States assets. Federal Claims for consideration. of America has an opportunity to go to In November 2004, the tribe and the The court, however, as the chairman court and make its case; no pre- U.S. Government agreed that the tribe has indicated, would not be authorized determination of the outcome, no set- and third-party contractors would con- to render a final ruling on the claim. tlement without coming back through duct an accounting of the U.S. Govern- Rather, it would only be authorized to Congress again, just simply an oppor- ment’s actions and inactions related to consider evidence and to submit a re- tunity to make a case of an injustice the trust assets. This was to facilitate port to Congress with its findings and that all sides admit occurred, and es- a mediated solution to this lawsuit’s recommendations. Congress could then tablish what’s fair compensation. claims. In exchange for this mediated decide, based on the court’s report, b 1240 route, the tribe would dismiss the law- whether or not to enact a private suit. claims bill or appropriate funds to the I want to commend, again, both my In June 2010, after 5 years of account- claimant in the interest of justice. colleagues, and particularly Chairman ing and related analysis, the Quapaw In this case, H. Res. 668 would refer SMITH. This simply could not have hap- Analysis was completed and shared the bill, H.R. 5862, a bill relating to pened without his cooperation, his with the U.S. Government. This set the members of the Quapaw Tribe of Okla- help, and the diligent work of his staff. stage for mediation. That analysis con- homa, to the Court of Federal Claims. I urge passage of the legislation. firmed that the government’s mis- And as amended, the bill would author- INTRODUCTION management of the Quapaw’s trust ize the court to determine whether the Several hundred years ago, the Quapaw constituted a breach of trust. tribe and its members have trust-re- (‘‘the Downstream People’’) were part of a The tribe initiated multiple attempts lated legal or equitable claims against larger group known as the Dhegiha Sioux, to resolve their claims, which the gov- the U.S., other than legal claims that which split into the modern tribes known as ernment rejected. By 2011, the tribe are currently pending before the court. the Quapaw, Osage, Ponca, Kansa, and sought relief in court from the govern- We have consulted with the Depart- Omaha. The Quapaw’s ancestral lands are lo- ment’s failure to fulfill its trust obliga- ment of Justice and the Department of cated at the confluence of the Arkansas and tions and to mediate and settle the the Interior on this matter, and both Mississippi rivers in what is present day Ar- trust claims. agencies agree that the Quapaw Tribe kansas. When first encountered by the Euro- Last year, eight Quapaw Tribe mem- has legitimate claims against the peans in the 1670’s, there were some 20,000 bers filed a class-action lawsuit on be- United States concerning certain tribal Quapaws living in four villages in this area. half of themselves and other individ- lands that were held in trust by the A series of treaties with the U.S. Govern- uals for damages based on breach of Federal Government. The only real dis- ment resulted in most of the Quapaw land trust. The government filed motions to pute is the value of the claim. being ceded to the United States, and the

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7282 CONGRESSIONAL RECORD — HOUSE December 19, 2012 Tribe acquiesced to relocation to the far north- 2012, the Tribe filed a complaint for damages The Clerk read the title of the bill. eastern corner of present day Oklahoma. In in the U.S. Court of Federal Claims. The text of the bill is as follows: the process, the tribal land base was whittled In November 2012, the Government filed yet H.R. 6672 down to its current acreage. another motion to dismiss the Tribe’s case. Be it enacted by the Senate and House of Rep- After Quapaw lands in Oklahoma were THE MECHANICS OF H. RES. 668 resentatives of the United States of America in found to contain rich deposits of zinc and lead To ensure that the Tribe and its members Congress assembled, in 1905, the Government allowed mining ac- can pursue their trust-related claims in the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tivities to be carried out largely unfettered, and U.S. Court of Federal Claims, Rep. TOM COLE (a) SHORT TITLE.—This Act may be cited as the ‘‘Pandemic and All-Hazards Preparedness not for the benefit of the Quapaws. For years and Rep. DAN BOREN introduced H. Res. 668. the value of the Quapaw mineral estate was Reauthorization Act of 2012’’. Notably, this resolution does not pre-determine (b) TABLE OF CONTENTS.—The table of con- exported from their land with the Government the outcome of the U.S. Court of Federal tents of this Act is as follows: failing to ensure that royalties, bonuses and Claims review of the Tribe’s lawsuit. Sec. 1. Short title; table of contents. other payments were properly made and man- It simply allows the Tribe and its members TITLE I—STRENGTHENING NATIONAL aged. to plead their case to a neutral decision-maker PREPAREDNESS AND RESPONSE FOR WHY H. RES. 668 IS NECESSARY in a judicial proceeding. PUBLIC HEALTH EMERGENCIES The Office of Historical Trust Accounting Some may assume that the sending of a Sec. 101. National Health Security Strategy. (OHTA) was established by Secretary of the congressional reference to the U.S. Court of Sec. 102. Assistant Secretary for Prepared- Interior Secretarial Order No. 3231 on July 10, Federal Claims has already predetermined li- ness and Response. 2001; OHTA is charged with planning, orga- ability in favor of a claimant. As observed by Sec. 103. National Advisory Committee on nizing, directing and executing the historical former House Member (Rep. Marion T. Ben- Children and Disasters. Sec. 104. Modernization of the National Dis- accounting of tribal trust accounts and non- nett (R–MO)), who became a Claims Court aster Medical System. monetary assets. judge, ‘‘nothing could be further from the truth Sec. 105. Continuing the role of the Depart- In 2002, the Tribe filed a lawsuit for an ac- or the intent of Congress . . . Congress in- ment of Veterans Affairs. counting and for asset mismanagement in the tends only to afford an impartial and inde- TITLE II—OPTIMIZING STATE AND Federal District Court in Oklahoma alleging pendent forum for determination of the merits LOCAL ALL-HAZARDS PREPAREDNESS the U.S. Government owed them an account- of a complex claim by judicial methods.’’ Ben- AND RESPONSE ing and had mismanaged their funds and non- nett, Private Claims Acts and Congressional Sec. 201. Temporary redeployment of feder- monetary assets. References, 9 JAG L. Rev. 9 (1967). ally funded personnel during a During this time, there were over 104 tribal H. Res. 668, as amended, simply affords public health emergency. lawsuits pending and the Department of the the Tribe and its members the chance to Sec. 202. Improving State and local public Interior—Office of Historic Trust Accounting’s present their case about the nature, extent, health security. Sec. 203. Hospital preparedness and medical ability to fund the accountings and determine and character of the Indian trust related claims surge capacity. whether assets were mismanaged was se- of the Quapaw Tribe and its tribal members Sec. 204. Enhancing situational awareness verely limited. At the same time, the Depart- for compensation as legal or equitable claims and biosurveillance. ment of Justice had similar concerns about its against the United States other than the legal Sec. 205. Eliminating duplicative Project ability to respond to the myriad of tribal law- claims that are pending in the Court of Federal Bioshield reports. suits Claims on the date of House approval of this TITLE III—ENHANCING MEDICAL In July 2004, the U.S. Government and the to a neutral decision-maker in a judicial pro- COUNTERMEASURE REVIEW Tribe negotiated and agreed to settle the ceeding. Sec. 301. Special protocol assessment. pending lawsuit, and enter into an agreement Ms. ZOE LOFGREN of California. I Sec. 302. Authorization for medical products under which the Department of the Interior have no further requests for time, and for use in emergencies. would enter into a contract with Quapaw Infor- I yield back the balance of my time. Sec. 303. Definitions. Sec. 304. Enhancing medical countermeasure mation Services as contractor, to ‘‘identify, se- Mr. SMITH of Texas. I yield back the activities. lect, and analyze documents, and prepare an balance of my time. Sec. 305. Regulatory management plans. analysis (the Quapaw Analysis), of Interior’s The SPEAKER pro tempore. The Sec. 306. Report. management’’ of the Tribe’s Tribal Trust Fund question is on the motion offered by Sec. 307. Pediatric medical counter- Account, along with certain non-monetary land the gentleman from Texas (Mr. SMITH) measures. and natural resources assets held in trust on that the House suspend the rules and TITLE IV—ACCELERATING MEDICAL behalf of the Tribe, and eight individual mem- agree to the resolution, H. Res. 668. COUNTERMEASURE ADVANCED RE- bers of the Tribe. The question was taken. SEARCH AND DEVELOPMENT In 2010—after six years of work, Quapaw The SPEAKER pro tempore. In the Sec. 401. BioShield. Information Systems gave its report to the opinion of the Chair, two-thirds being Sec. 402. Biomedical Advanced Research and in the affirmative, the ayes have it. Development Authority. U.S. Government. In turn, the U.S. Govern- Sec. 403. Strategic National Stockpile. ment accepted the accounting as being in Ms. ZOE LOFGREN of California. Sec. 404. National Biodefense Science Board. Madam Speaker, I object to the vote on conformity with the Federal standards, but re- TITLE I—STRENGTHENING NATIONAL fused to do anything with the accounting. the ground that a quorum is not PREPAREDNESS AND RESPONSE FOR The Tribe fulfilled its end of the bargain. The present and make the point of order PUBLIC HEALTH EMERGENCIES U.S. Government did not. that a quorum is not present. SEC. 101. NATIONAL HEALTH SECURITY STRAT- By 2011, the Tribe was left with no choice The SPEAKER pro tempore. Pursu- EGY. but to seek relief in court from the Govern- ant to clause 8 of rule XX, further pro- (a) IN GENERAL.—Section 2802 of the Public ment’s failure—not only its failure to fulfill its ceedings on this question will be post- Health Service Act (42 U.S.C. 300hh–1) is trust obligations, but its agreement to mediate poned. amended— and settle the matter once the accounting was The point of no quorum is considered (1) in subsection (a)(1), by striking ‘‘2009’’ completed. Accordingly, eight Quapaw tribal withdrawn. and inserting ‘‘2014’’; and (2) in subsection (b)— members filed a class-action lawsuit on behalf f (A) in paragraph (1)(A), by inserting ‘‘, in- of themselves and all other similarly situated PANDEMIC AND ALL-HAZARDS cluding drills and exercises to ensure med- tribal members. This case, Goodeagle v. PREPAREDNESS REAUTHORIZA- ical surge capacity for events without no- United States, seeks damages for the Govern- tice’’ after ‘‘exercises’’; and TION ACT OF 2012 ment’s breach of trust in the U.S. Court of (B) in paragraph (3)— Federal Claims. Mr. ROGERS of Michigan. Madam (i) in the matter preceding subparagraph In May 2011, the Tribe submitted a formal Speaker, I move to suspend the rules (A)— settlement demand to the Government, to and pass the bill (H.R. 6672) to reau- (I) by striking ‘‘facilities), and trauma care’’ and inserting ‘‘and ambulatory care fa- which the Government has never responded. thorize certain programs under the Public Health Service Act and the Fed- cilities and which may include dental health Instead, the Government has filed repeated facilities), and trauma care, critical care,’’; Motions to Dismiss the Goodeagle case. eral Food, Drug, and Cosmetic Act and With the settlement demand ignored, and with respect to public health security (II) by inserting ‘‘(including related avail- the Government’s ongoing refusal to resolve and all-hazards preparedness and re- ability, accessibility, and coordination)’’ these claims through settlement, in September sponse, and for other purposes. after ‘‘public health emergencies’’;

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(ii) in subparagraph (A), by inserting ‘‘and ‘‘(7) disseminate and, as appropriate, up- ‘‘(7) COUNTERMEASURES BUDGET PLAN.—De- trauma’’ after ‘‘medical’’; date novel and best practices of outreach to velop, and update on an annual basis, a co- (iii) in subparagraph (B), by striking ‘‘Med- and care of at-risk individuals before, during, ordinated 5-year budget plan based on the ical evacuation and fatality management’’ and following public health emergencies in medical countermeasure priorities described and inserting ‘‘Fatality management’’; as timely a manner as is practicable, includ- in subsection (d). Each such plan shall— (iv) by redesignating subparagraphs (C), ing from the time a public health threat is ‘‘(A) include consideration of the entire (D), and (E) as subparagraphs (D), (E), and identified; and medical countermeasures enterprise, includ- (F), respectively; ‘‘(8) ensure that public health and medical ing— (v) by inserting after subparagraph (B), the information distributed by the Department ‘‘(i) basic research and advanced research following the new subparagraph: of Health and Human Services during a pub- and development; ‘‘(C) Coordinated medical triage and evacu- lic health emergency is delivered in a man- ‘‘(ii) approval, clearance, licensure, and au- ation to appropriate medical institutions ner that takes into account the range of thorized uses of products; and based on patient medical need, taking into communication needs of the intended recipi- ‘‘(iii) procurement, stockpiling, mainte- account regionalized systems of care.’’; ents, including at-risk individuals.’’. nance, and replenishment of all products in (vi) in subparagraph (E), as redesignated by SEC. 102. ASSISTANT SECRETARY FOR PRE- the Strategic National Stockpile; clause (iv), by inserting ‘‘(which may include PAREDNESS AND RESPONSE. ‘‘(B) inform prioritization of resources and such dental health assets)’’ after ‘‘medical (a) IN GENERAL.—Section 2811 of the Public include measurable outputs and outcomes to assets’’; and Health Service Act (42 U.S.C. 300hh–10) is allow for the tracking of the progress made (vii) by adding at the end the following: amended— toward identified priorities; ‘‘(G) Optimizing a coordinated and flexible (1) in subsection (b)— ‘‘(C) identify medical countermeasure life- approach to the medical surge capacity of (A) in paragraph (3), by inserting ‘‘, secu- cycle costs to inform planning, budgeting, hospitals, other health care facilities, crit- rity countermeasures (as defined in section and anticipated needs within the continuum ical care, and trauma care (which may in- 319F–2),’’ after ‘‘qualified countermeasures of the medical countermeasure enterprise clude trauma centers) and emergency med- (as defined in section 319F–1)’’; consistent with section 319F–2; and ical systems.’’; (B) in paragraph (4), by adding at the end ‘‘(D) be made available to the appropriate (C) in paragraph (4)— the following: committees of Congress upon request.’’; (i) in subparagraph (A), by inserting ‘‘, in- ‘‘(D) POLICY COORDINATION AND STRATEGIC (2) by striking subsection (c) and inserting cluding the unique needs and considerations DIRECTION.—Provide integrated policy co- the following: of individuals with disabilities,’’ after ‘‘med- ordination and strategic direction with re- ‘‘(c) FUNCTIONS.—The Assistant Secretary ical needs of at-risk individuals’’; and spect to all matters related to Federal public for Preparedness and Response shall— (ii) in subparagraph (B), by inserting ‘‘the’’ health and medical preparedness and execu- ‘‘(1) have lead responsibility within the De- before ‘‘purpose of this section’’; and tion and deployment of the Federal response partment of Health and Human Services for (D) by adding at the end the following: for public health emergencies and incidents emergency preparedness and response policy ‘‘(7) COUNTERMEASURES.— covered by the National Response Plan de- coordination and strategic direction; ‘‘(A) Promoting strategic initiatives to ad- veloped pursuant to section 504(6) of the ‘‘(2) have authority over and responsibility vance countermeasures to diagnose, miti- Homeland Security Act of 2002, or any suc- for— gate, prevent, or treat harm from any bio- cessor plan, before, during, and following ‘‘(A) the National Disaster Medical System logical agent or toxin, chemical, radio- public health emergencies. pursuant to section 2812; logical, or nuclear agent or agents, whether ‘‘(E) IDENTIFICATION OF INEFFICIENCIES.— ‘‘(B) the Hospital Preparedness Coopera- naturally occurring, unintentional, or delib- Identify and minimize gaps, duplication, and tive Agreement Program pursuant to section erate. other inefficiencies in medical and public 319C–2; ‘‘(B) For purposes of this paragraph, the health preparedness and response activities ‘‘(C) the Biomedical Advanced Research term ‘countermeasures’ has the same mean- and the actions necessary to overcome these and Development Authority pursuant to sec- ing as the terms ‘qualified countermeasures’ obstacles. tion 319L; under section 319F–1, ‘qualified pandemic and ‘‘(F) COORDINATION OF GRANTS AND AGREE- ‘‘(D) the Medical Reserve Corps pursuant epidemic products’ under section 319F–3, and MENTS.—Align and coordinate medical and to section 2813; ‘security countermeasures’ under section public health grants and cooperative agree- ‘‘(E) the Emergency System for Advance 319F–2. ments as applicable to preparedness and re- Registration of Volunteer Health Profes- ‘‘(8) MEDICAL AND PUBLIC HEALTH COMMU- sponse activities authorized under this Act, sionals pursuant to section 319I; and NITY RESILIENCY.—Strengthening the ability to the extent possible, including program re- ‘‘(F) administering grants and related au- of States, local communities, and tribal quirements, timelines, and measurable goals, thorities related to trauma care under parts communities to prepare for, respond to, and and in consultation with the Secretary of A through C of title XII, such authority to be be resilient in the event of public health Homeland Security, to— transferred by the Secretary from the Ad- emergencies, whether naturally occurring, ‘‘(i) optimize and streamline medical and ministrator of the Health Resources and unintentional, or deliberate by— public health preparedness and response ca- Services Administration to such Assistant ‘‘(A) optimizing alignment and integration pabilities and the ability of local commu- Secretary; of medical and public health preparedness nities to respond to public health emer- ‘‘(3) exercise the responsibilities and au- and response planning and capabilities with gencies; and thorities of the Secretary with respect to the and into routine daily activities; and ‘‘(ii) gather and disseminate best practices coordination of— ‘‘(B) promoting familiarity with local med- among grant and cooperative agreement re- ‘‘(A) the Public Health Emergency Pre- ical and public health systems.’’. cipients, as appropriate. paredness Cooperative Agreement Program (b) AT-RISK INDIVIDUALS.—Section 2814 of ‘‘(G) DRILL AND OPERATIONAL EXERCISES.— pursuant to section 319C–1; the Public Health Service Act (42 U.S.C. Carry out drills and operational exercises, in ‘‘(B) the Strategic National Stockpile pur- 300hh–16) is amended— consultation with the Department of Home- suant to section 319F–2; and (1) by striking paragraphs (5), (7), and (8); land Security, the Department of Defense, ‘‘(C) the Cities Readiness Initiative; and (2) in paragraph (4), by striking the Department of Veterans Affairs, and ‘‘(4) assume other duties as determined ap- ‘‘2811(b)(3)(B)’’ and inserting ‘‘2802(b)(4)(B)’’; other applicable Federal departments and propriate by the Secretary.’’; and (3) by redesignating paragraphs (1) through agencies, as necessary and appropriate, to (3) by adding at the end the following: (4) as paragraphs (2) through (5), respec- identify, inform, and address gaps in and ‘‘(d) PUBLIC HEALTH EMERGENCY MEDICAL tively; policies related to all-hazards medical and COUNTERMEASURES ENTERPRISE STRATEGY (4) by inserting before paragraph (2) (as so public health preparedness and response, in- AND IMPLEMENTATION PLAN.— redesignated), the following: cluding exercises based on— ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(1) monitor emerging issues and concerns ‘‘(i) identified threats for which counter- after the date of enactment of this sub- as they relate to medical and public health measures are available and for which no section, and every year thereafter, the As- preparedness and response for at-risk indi- countermeasures are available; and sistant Secretary for Preparedness and Re- viduals in the event of a public health emer- ‘‘(ii) unknown threats for which no coun- sponse shall develop and submit to the ap- gency declared by the Secretary under sec- termeasures are available. propriate committees of Congress a coordi- tion 319;’’; ‘‘(H) NATIONAL SECURITY PRIORITY.—On a nated strategy and accompanying implemen- (5) by amending paragraph (2) (as so redes- periodic basis consult with, as applicable and tation plan for medical countermeasures to ignated) to read as follows: appropriate, the Assistant to the President address chemical, biological, radiological, ‘‘(2) oversee the implementation of the pre- for National Security Affairs, to provide an and nuclear threats. In developing such a paredness goals described in section 2802(b) update on, and discuss, medical and public plan, the Assistant Secretary for Prepared- with respect to the public health and med- health preparedness and response activities ness and Response shall consult with the Di- ical needs of at-risk individuals in the event pursuant to this Act and the Federal Food, rector of the Biomedical Advanced Research of a public health emergency, as described in Drug, and Cosmetic Act, including progress and Development Authority, the Director of section 2802(b)(4);’’; on the development, approval, clearance, and the National Institutes of Health, the Direc- (6) by inserting after paragraph (6), the fol- licensure of medical countermeasures.’’; and tor of the Centers for Disease Control and lowing: (C) by adding at the end the following: Prevention, and the Commissioner of Food

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Such report shall include in- known as the ‘Public Health Emergency 319F–2 (c)(7)(C)(iv), and 319F–2(c)(7)(C)(v) of formation with respect to— Medical Countermeasures Enterprise Strat- this Act, and subsections (a)(1), (b)(1), and (e) (1) the research, advanced research, devel- egy and Implementation Plan’. of section 564 of the Federal Food, Drug, and opment, procurement, stockpiling, and dis- ‘‘(2) REQUIREMENTS.—The plan under para- Cosmetic Act, by summarizing— tribution of countermeasures to meet identi- graph (1) shall— ‘‘(i) the particular actions that were taken fied needs; and ‘‘(A) describe the chemical, biological, ra- under the authorities specified, including, as (2) the coordination of efforts between the diological, and nuclear agent or agents that applicable, the identification of the threat Department of Health and Human Services may present a threat to the Nation and the agent, emergency, or the biomedical coun- and the Department of Defense to address corresponding efforts to develop qualified termeasure with respect to which the au- countermeasure needs for various segments countermeasures (as defined in section 319F– thority was used; of the population. 1), security countermeasures (as defined in ‘‘(ii) the reasons underlying the decision to SEC. 103. NATIONAL ADVISORY COMMITTEE ON section 319F–2), or qualified pandemic or epi- use such authorities, including, as applica- CHILDREN AND DISASTERS. demic products (as defined in section 319F–3) ble, the options that were considered and re- Subtitle B of title XXVIII of the Public for each threat; jected with respect to the use of such au- Health Service Act (42 U.S.C. 300hh et seq.) is ‘‘(B) evaluate the progress of all activities thorities; amended by inserting after section 2811 the with respect to such countermeasures or ‘‘(iii) the number of, nature of, and other following: products, including research, advanced re- information concerning the persons and enti- ‘‘SEC. 2811A. NATIONAL ADVISORY COMMITTEE search, development, procurement, stock- ties that received a grant, cooperative agree- ON CHILDREN AND DISASTERS. piling, deployment, distribution, and utiliza- ment, or contract pursuant to the use of ‘‘(a) ESTABLISHMENT.—The Secretary, in tion; such authorities, and the persons and enti- consultation with the Secretary of Homeland ‘‘(C) identify and prioritize near-, mid-, and ties that were considered and rejected for Security, shall establish an advisory com- long-term needs with respect to such coun- such a grant, cooperative agreement, or con- mittee to be known as the ‘National Advi- termeasures or products to address a chem- tract, except that the report need not dis- sory Committee on Children and Disasters’ ical, biological, radiological, and nuclear close the identity of any such person or enti- (referred to in this section as the ‘Advisory threat or threats; ty; Committee’). ‘‘(D) identify, with respect to each cat- ‘‘(iv) whether, with respect to each pro- egory of threat, a summary of all awards and ‘‘(b) DUTIES.—The Advisory Committee curement that is approved by the President shall— contracts, including advanced research and under section 319F–2(c)(6), a contract was en- development and procurement, that in- ‘‘(1) provide advice and consultation with tered into within one year after such ap- respect to the activities carried out pursuant cludes— proval by the President; and ‘‘(i) the time elapsed from the issuance of to section 2814, as applicable and appro- ‘‘(v) with respect to section 319F–1(d), for priate; the initial solicitation or request for a pro- the one-year period for which the report is posal to the adjudication (such as the award, ‘‘(2) evaluate and provide input with re- submitted, the number of persons who were spect to the medical and public health needs denial of award, or solicitation termination); paid amounts totaling $100,000 or greater and and of children as they relate to preparation for, the number of persons who were paid ‘‘(ii) an identification of projected response to, and recovery from all-hazards amounts totaling at least $50,000 but less timelines, anticipated funding allocations, emergencies; and than $100,000; and benchmarks, and milestones for each med- ‘‘(3) provide advice and consultation with ‘‘(K) be made publicly available. ical countermeasure priority under subpara- respect to State emergency preparedness and ‘‘(3) GAO REPORT.— graph (C), including projected needs with re- response activities and children, including ‘‘(A) IN GENERAL.—Not later than 1 year gard to replenishment of the Strategic Na- related drills and exercises pursuant to the after the date of the submission to the Con- tional Stockpile; preparedness goals under section 2802(b). gress of the first Public Health Emergency ‘‘(E) be informed by the recommendations ‘‘(c) ADDITIONAL DUTIES.—The Advisory Medical Countermeasures Enterprise Strat- of the National Biodefense Science Board Committee may provide advice and rec- egy and Implementation Plan, the Comp- pursuant to section 319M; ommendations to the Secretary with respect ‘‘(F) evaluate progress made in meeting troller General of the United States shall to children and the medical and public timelines, allocations, benchmarks, and conduct an independent evaluation, and sub- health grants and cooperative agreements as milestones identified under subparagraph mit to the appropriate committees of Con- applicable to preparedness and response ac- (D)(ii); gress a report, concerning such Strategy and tivities authorized under this title and title ‘‘(G) report on the amount of funds avail- Implementation Plan. III. able for procurement in the special reserve ‘‘(B) CONTENT.—The report described in ‘‘(d) MEMBERSHIP.— fund as defined in section 319F–2(h) and the subparagraph (A) shall review and assess— ‘‘(1) IN GENERAL.—The Secretary, in con- impact this funding will have on meeting the ‘‘(i) the near-term, mid-term, and long- sultation with such other Secretaries as may requirements under section 319F–2; term medical countermeasure needs and be appropriate, shall appoint not to exceed 15 ‘‘(H) incorporate input from Federal, identified priorities of the Federal Govern- members to the Advisory Committee. In ap- State, local, and tribal stakeholders; ment pursuant to paragraph (2)(C); pointing such members, the Secretary shall ‘‘(I) identify the progress made in meeting ‘‘(ii) the activities of the Department of ensure that the total membership of the Ad- the medical countermeasure priorities for Health and Human Services with respect to visory Committee is an odd number. at-risk individuals (as defined in advanced research and development pursuant ‘‘(2) REQUIRED MEMBERS.—The Secretary, 2802(b)(4)(B)), as applicable under subpara- to section 319L; and in consultation with such other Secretaries graph (C), including with regard to the pro- ‘‘(iii) the progress made toward meeting as may be appropriate, may appoint to the jected needs for related stockpiling and re- the timelines, allocations, benchmarks, and Advisory Committee under paragraph (1) plenishment of the Strategic National milestones identified in the Public Health such individuals as may be appropriate to Stockpile, including by addressing the needs Emergency Medical Countermeasures Enter- perform the duties described in subsections of pediatric populations with respect to such prise Strategy and Implementation Plan (b) and (c), which may include— countermeasures and products in the Stra- under this subsection. ‘‘(A) the Assistant Secretary for Prepared- tegic National Stockpile, including— ‘‘(e) PROTECTION OF NATIONAL SECURITY.— ness and Response; ‘‘(i) a list of such countermeasures and In carrying out subsections (b)(7) and (d), the ‘‘(B) the Director of the Biomedical Ad- products necessary to address the needs of Secretary shall ensure that information and vanced Research and Development Author- pediatric populations; items that could compromise national secu- ity; ‘‘(ii) a description of measures taken to co- rity, contain confidential commercial infor- ‘‘(C) the Director of the Centers for Disease ordinate with the Office of Pediatric Thera- mation, or contain proprietary information Control and Prevention; peutics of the Food and Drug Administration are not disclosed.’’. ‘‘(D) the Commissioner of Food and Drugs; to maximize the labeling, dosages, and for- (b) INTERAGENCY COORDINATION PLAN.—In ‘‘(E) the Director of the National Insti- mulations of such countermeasures and the first Public Health Emergency Counter- tutes of Health; products for pediatric populations; measures Enterprise Strategy and Imple- ‘‘(F) the Assistant Secretary of the Admin- ‘‘(iii) a description of existing gaps in the mentation Plan submitted under subsection istration for Children and Families; Strategic National Stockpile and the devel- (d) of section 2811 of the Public Health Serv- ‘‘(G) the Administrator of the Federal opment of such countermeasures and prod- ice Act (42 U.S.C. 300hh–10) (as added by sub- Emergency Management Agency; ucts to address the needs of pediatric popu- section (a)(3)), the Secretary of Health and ‘‘(H) at least two non-Federal health care lations; and Human Services, in consultation with the professionals with expertise in pediatric ‘‘(iv) an evaluation of the progress made in Secretary of Defense, shall include a descrip- medical disaster planning, preparedness, re- addressing priorities identified pursuant to tion of the manner in which the Department sponse, or recovery; subparagraph (C); of Health and Human Services is coordi- ‘‘(I) at least two representatives from ‘‘(J) identify the use of authority and ac- nating with the Department of Defense re- State, local, territorial, or tribal agencies tivities undertaken pursuant to sections garding countermeasure activities to address with expertise in pediatric disaster planning, 319F–1(b)(1), 319F–1(b)(2), 319F–1(b)(3), 319F– chemical, biological, radiological, and nu- preparedness, response, or recovery; and

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‘‘(J) representatives from such Federal sonnel under paragraph (1), the Governor of ‘‘(6) REPORT TO CONGRESS.—Not later than 4 agencies (such as the Department of Edu- a State or the chief of a tribe shall submit to years after the date of enactment of the Pan- cation and the Department of Homeland Se- the Secretary a request for such authority demic and All-Hazards Preparedness Reau- curity) as determined necessary to fulfill the and shall include in the request each of the thorization Act of 2012, the Comptroller Gen- duties of the Advisory Committee, as estab- following: eral of the United States shall conduct an lished under subsections (b) and (c). ‘‘(i) An assurance that the public health independent evaluation, and submit to the ‘‘(e) MEETINGS.—The Advisory Committee emergency in the geographic area of the re- appropriate committees of the Congress a re- shall meet not less than biannually. questing State or tribe cannot be adequately port, on the Secretary’s authority under this ‘‘(f) SUNSET.—The Advisory Committee and appropriately addressed by the public subsection, including— shall terminate on the date that is 5 years health workforce otherwise available. ‘‘(A) a description of how, and under what after the date of enactment of the Pandemic ‘‘(ii) An assurance that the public health circumstances, such authority has been used and All-Hazards Preparedness Reauthoriza- emergency would be addressed more effi- by States and tribes; tion Act of 2012.’’. ciently and effectively through the requested ‘‘(B) an analysis of how such authority has SEC. 104. MODERNIZATION OF THE NATIONAL temporary redeployment of personnel. assisted States and tribes in responding to DISASTER MEDICAL SYSTEM. ‘‘(iii) An assurance that the requested tem- public health emergencies; Section 2812 of the Public Health Service porary redeployment of personnel is con- ‘‘(C) an evaluation of how such authority Act (42 U.S.C. 300hh–11) is amended— sistent with the any applicable All-Hazards has improved operational efficiencies in re- (1) in subsection (a)(3)— Public Health Emergency Preparedness and sponding to public health emergencies; (A) in subparagraph (A), in clause (i) by in- Response Plan under section 319C–1. ‘‘(D) an analysis of the extent to which, if serting ‘‘, including at-risk individuals as ap- ‘‘(iv) An identification of— any, Federal programs from which personnel plicable’’ after ‘‘victims of a public health ‘‘(I) each Federal program from which per- have been temporarily redeployed pursuant emergency’’; sonnel would be temporarily redeployed pur- to such authority have been adversely af- (B) by redesignating subparagraph (C) as suant to the requested authority; and fected by the redeployment; and subparagraph (E); and ‘‘(II) the number of personnel who would be ‘‘(E) recommendations on how such au- (C) by inserting after subparagraph (B), the so redeployed from each such program. thority could be improved to further assist following: ‘‘(v) Such other information and assur- in responding to public health emergencies. ‘‘(C) CONSIDERATIONS FOR AT-RISK POPU- ances as the Secretary may require. ‘‘(7) DEFINITION.—In this subsection, the LATIONS.—The Secretary shall take steps to ‘‘(C) CONSIDERATION.—In reviewing a re- term ‘State’ includes, in addition to the enti- ensure that an appropriate specialized and quest for temporary redeployment under ties listed in the definition of such term in focused range of public health and medical paragraph (1) of personnel funded through a section 2, the Freely Associated States. capabilities are represented in the National Federal program, the Secretary shall con- ‘‘(8) SUNSET.—The authority under this Disaster Medical System, which take into sider the degree to which the program would subsection shall terminate on the date that account the needs of at-risk individuals, in be adversely affected by the redeployment. is 5 years after the date of enactment of the the event of a public health emergency.’’. ‘‘(D) TERMINATION AND EXTENSION.— Pandemic and All-Hazards Preparedness Re- ‘‘(i) TERMINATION.—A State or tribe’s au- authorization Act of 2012.’’. ‘‘(D) ADMINISTRATION.—The Secretary may determine and pay claims for reimbursement thority for a temporary redeployment of per- SEC. 202. IMPROVING STATE AND LOCAL PUBLIC for services under subparagraph (A) directly sonnel under paragraph (1) shall terminate HEALTH SECURITY. upon the earlier of the following: (a) COOPERATIVE AGREEMENTS.—Section or through contracts that provide for pay- ‘‘(I) The Secretary’s determination that 319C–1 of the Public Health Service Act (42 ment in advance or by way of reimburse- the public health emergency no longer ex- U.S.C. 247d–3a) is amended— ment.’’; and ists. (1) in subsection (b)(1)(C), by striking ‘‘con- (2) in subsection (g), by striking ‘‘such ‘‘(II) Subject to clause (ii), the expiration sortium of entities described in subpara- sums as may be necessary for each of the fis- of the 30-day period following the date on graph (A)’’ and inserting ‘‘consortium of cal years 2007 through 2011’’ and inserting which the Secretary approved the State or States’’; ‘‘$52,700,000 for each of fiscal years 2013 tribe’s request for such authority. (2) in subsection (b)(2)— through 2017’’. ‘‘(ii) EXTENSION AUTHORITY.—The Secretary (A) in subparagraph (A)— SEC. 105. CONTINUING THE ROLE OF THE DE- may extend the authority to authorize a (i) by striking clauses (i) and (ii) and in- PARTMENT OF VETERANS AFFAIRS. temporary redeployment of personnel under serting the following: Section 8117(g) of title 38, United States paragraph (1) beyond the date otherwise ap- ‘‘(i) a description of the activities such en- Code, is amended by striking ‘‘such sums as plicable under clause (i)(II) if the public tity will carry out under the agreement to may be necessary to carry out this section health emergency still exists as of such date, meet the goals identified under section 2802, for each of fiscal years 2007 through 2011’’ but only if— including with respect to chemical, biologi- and inserting ‘‘$155,300,000 for each of fiscal ‘‘(I) the State or tribe that submitted the cal, radiological, or nuclear threats, whether years 2013 through 2017 to carry out this sec- initial request for authority for a temporary naturally occurring, unintentional, or delib- tion’’. redeployment of personnel submits a request erate; TITLE II—OPTIMIZING STATE AND LOCAL for an extension of such authority; and ‘‘(ii) a description of the activities such en- ALL-HAZARDS PREPAREDNESS AND RE- ‘‘(II) the request for an extension contains tity will carry out with respect to pandemic SPONSE the same type of information and assurances influenza, as a component of the activities SEC. 201. TEMPORARY REDEPLOYMENT OF FED- necessary for the approval of an initial re- carried out under clause (i), and consistent ERALLY FUNDED PERSONNEL DUR- quest for such authority. with the requirements of paragraphs (2) and ING A PUBLIC HEALTH EMERGENCY. ‘‘(3) NOTICE TO PERSONNEL OF POSSIBILITY (5) of subsection (g);’’; Section 319 of the Public Health Service OF REDEPLOYMENT.—The Secretary shall en- (ii) in clause (iv), by striking ‘‘and’’ at the Act (42 U.S.C. 247d) is amended by adding at sure that, if a State or tribe receives Federal end; and the end the following: funds for personnel who are subject to the (iii) by adding at the end the following: ‘‘(e) TEMPORARY REDEPLOYMENT OF FEDER- Secretary’s redeployment authority under ‘‘(vi) a description of how, as appropriate, ALLY FUNDED PERSONNEL DURING A PUBLIC this subsection, the State or tribe gives no- the entity may partner with relevant public HEALTH EMERGENCY.— tice to such personnel of the possibility of and private stakeholders in public health ‘‘(1) EMERGENCY REDEPLOYMENT OF FEDER- redeployment— emergency preparedness and response; ALLY FUNDED PERSONNEL.—Notwithstanding ‘‘(A) at the time of hiring; or ‘‘(vii) a description of how the entity, as any other provision of law, and subject to ‘‘(B) in the case of personnel hired before applicable and appropriate, will coordinate paragraph (2), upon request by the Governor the date of the enactment of this subsection, with State emergency preparedness and re- of a State or the chief of a tribe or such Gov- as soon as practicable. sponse plans in public health emergency pre- ernor or chief’s designee, the Secretary may ‘‘(4) NOTICE TO CONGRESS.—The Secretary paredness, including State educational agen- authorize the requesting State or tribe to shall give notice to the Congress in conjunc- cies (as defined in section 9101(41) of the Ele- temporarily redeploy, for purposes of imme- tion with the approval under this subsection mentary and Secondary Education Act of diately addressing a public health emergency of— 1965) and State child care lead agencies (des- in the State or tribe, non-Federal personnel ‘‘(A) any initial request for authority for a ignated under section 658D of the Child Care funded in whole or in part through, as appro- temporary redeployment of personnel; and and Development Block Grant Act of 1990); priate, programs under this Act. ‘‘(B) any request for an extension of such ‘‘(viii) in the case of entities that operate ‘‘(2) ACTIVATION OF EMERGENCY REDEPLOY- authority. on the United States-Mexico border or the MENT.— ‘‘(5) GUIDANCE.—The Secretary shall— United States-Canada border, a description ‘‘(A) PUBLIC HEALTH EMERGENCY.—The Sec- ‘‘(A) not later than 6 months after the en- of the activities such entity will carry out retary may authorize a temporary redeploy- actment of this subsection, issue proposed under the agreement that are specific to the ment of personnel under paragraph (1) only guidance on the temporary redeployment of border area including disease detection, during the period of a public health emer- personnel under this subsection; and identification, investigation, and prepared- gency determined pursuant to subsection (a). ‘‘(B) after providing notice and a 60-day pe- ness and response activities related to ‘‘(B) CONTENTS OF REQUEST.—To seek au- riod for public comment, finalize such guid- emerging diseases and infectious disease out- thority for a temporary redeployment of per- ance. breaks whether naturally occurring or due to

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bioterrorism, consistent with the require- Service Act (42 U.S.C. 247d–6(a)(5)(B)) is ‘‘(1) IN GENERAL.—For purposes of carrying ments of this section; and amended by striking ‘‘public health or med- out this section, there is authorized to be ap- ‘‘(ix) a description of any activities that ical’’ and inserting ‘‘public health, medical, propriated $374,700,000 for each of fiscal years such entity will use to analyze real-time or dental’’. 2013 through 2017.’’; and clinical specimens for pathogens of public (b) ENCOURAGING HEALTH PROFESSIONAL (B) by adding at the end the following: health or bioterrorism significance, includ- VOLUNTEERS.— ‘‘(4) AVAILABILITY OF COOPERATIVE AGREE- ing any utilization of poison control cen- (1) EMERGENCY SYSTEM FOR ADVANCE REG- MENT FUNDS.— ters;’’; and ISTRATION OF VOLUNTEER HEALTH PROFES- ‘‘(A) IN GENERAL.—Amounts provided to an (B) in subparagraph (C), by inserting ‘‘, in- SIONALS.—Section 319I(k) of the Public eligible entity under a cooperative agree- cluding addressing the needs of at-risk indi- Health Service Act (42 U.S.C. 247d–7b(k)) is ment under subsection (a) for a fiscal year viduals,’’ after ‘‘capabilities of such entity’’; amended by striking ‘‘$2,000,000 for fiscal and remaining unobligated at the end of such (3) in subsection (f)— year 2002, and such sums as may be necessary year shall remain available to such entity (A) in paragraph (2), by adding ‘‘and’’ at for each of the fiscal years 2003 through 2011’’ for the next fiscal year for the purposes for the end; and inserting ‘‘$5,000,000 for each of fiscal which such funds were provided. (B) in paragraph (3), by striking ‘‘; and’’ years 2013 through 2017’’. ‘‘(B) FUNDS CONTINGENT ON ACHIEVING and inserting a period; and (2) VOLUNTEERS.—Section 2813 of the Public BENCHMARKS.—The continued availability of (C) by striking paragraph (4); Health Service Act (42 U.S.C. 300hh–15) is funds under subparagraph (A) with respect to (4) in subsection (g)— amended— an entity shall be contingent upon such enti- (A) in paragraph (1), by striking subpara- (A) in subsection (d)(2), by adding at the ty achieving the benchmarks and submitting graph (A) and inserting the following: end the following: ‘‘Such training exercises the pandemic influenza plan as required ‘‘(A) include outcome goals representing shall, as appropriate and applicable, incor- under subsection (i).’’. operational achievements of the National porate the needs of at-risk individuals in the SEC. 204. ENHANCING SITUATIONAL AWARENESS Preparedness Goals developed under section event of a public health emergency.’’; and AND BIOSURVEILLANCE. 2802(b) with respect to all-hazards, including (B) in subsection (i), by striking Section 319D of the Public Health Service chemical, biological, radiological, or nuclear ‘‘$22,000,000 for fiscal year 2007, and such Act (42 U.S.C. 247d–4) is amended— (1) in subsection (b)— threats; and’’; and sums as may be necessary for each of fiscal (A) in paragraph (1)(B), by inserting ‘‘poi- (B) in paragraph (2)(A), by adding at the years 2008 through 2011’’ and inserting son control centers,’’ after ‘‘hospitals,’’; end the following: ‘‘The Secretary shall peri- ‘‘$11,200,000 for each of fiscal years 2013 (B) in paragraph (2), by inserting before the odically update, as necessary and appro- through 2017’’. priate, such pandemic influenza plan criteria period at the end the following: ‘‘, allowing (c) PARTNERSHIPS FOR STATE AND REGIONAL and shall require the integration of such cri- for coordination to maximize all-hazards PREPAREDNESS TO IMPROVE SURGE CAPAC- teria into the benchmarks and standards de- medical and public health preparedness and ITY.—Section 319C–2 of the Public Health scribed in paragraph (1).’’; response and to minimize duplication of ef- Service Act (42 U.S.C. 247d–3b) is amended— (5) by striking subsection (h); fort’’; and (1) in subsection (a), by inserting ‘‘, includ- (6) in subsection (i)— (C) in paragraph (3), by inserting before the ing capacity and preparedness to address the (A) in paragraph (1)— period at the end the following: ‘‘and update needs of pediatric and other at-risk popu- (i) in subparagraph (A)— such standards as necessary’’; lations’’ before the period at the end; (I) by striking ‘‘$824,000,000 for fiscal year (2) by striking subsection (c); and (2) in subsection (b)(1)(A)(ii), by striking 2007, of which $35,000,000 shall be used to (3) in subsection (d)— ‘‘centers, primary’’ and inserting ‘‘centers, carry out subsection (h),’’ and inserting (A) in the subsection heading, by striking community health centers, primary’’; ‘‘$641,900,000 for fiscal year 2013’’; and ‘‘PUBLIC HEALTH SITUATIONAL AWARENESS’’ (3) by striking subsection (c) and inserting (II) by striking ‘‘such sums as may be nec- and inserting ‘‘MODERNIZING PUBLIC HEALTH the following: essary for each of fiscal years 2008 through SITUATIONAL AWARENESS AND BIOSURVEIL- 2011’’ and inserting ‘‘$641,900,000 for each of ‘‘(c) USE OF FUNDS.—An award under sub- LANCE’’; fiscal years 2014 through 2017’’; section (a) shall be expended for activities to (B) in paragraph (1)— (ii) by striking subparagraph (B); achieve the preparedness goals described (i) by striking ‘‘Pandemic and All-Hazards (iii) by redesignating subparagraphs (C) under paragraphs (1), (3), (4), (5), and (6) of Preparedness Act’’ and inserting ‘‘Pandemic and (D) as subparagraphs (B) and (C), respec- section 2802(b) with respect to all-hazards, and All-Hazards Preparedness Reauthoriza- tively; and including chemical, biological, radiological, tion Act of 2012’’; and (iv) in subparagraph (C), as so redesig- or nuclear threats.’’; (ii) by inserting ‘‘, novel emerging nated, by striking ‘‘subparagraph (C)’’ and (4) by striking subsection (g) and inserting threats,’’ after ‘‘disease outbreaks’’; inserting ‘‘subparagraph (B)’’; the following: (C) by striking paragraph (2) and inserting (B) in subparagraphs (C) and (D) of para- ‘‘(g) COORDINATION.— the following: graph (3), by striking ‘‘(1)(A)(i)(I)’’ each ‘‘(1) LOCAL RESPONSE CAPABILITIES.—An eli- ‘‘(2) STRATEGY AND IMPLEMENTATION place it appears and inserting ‘‘(1)(A)’’; gible entity shall, to the extent practicable, PLAN.—Not later than 180 days after the date (C) in paragraph (4)(B), by striking ‘‘sub- ensure that activities carried out under an of enactment of the Pandemic and All-Haz- section (c)’’ and inserting ‘‘subsection (b)’’; award under subsection (a) are coordinated ards Preparedness Reauthorization Act of and with activities of relevant local Metropoli- 2012, the Secretary shall submit to the ap- (D) by adding at the end the following: tan Medical Response Systems, local Medical propriate committees of Congress a coordi- ‘‘(7) AVAILABILITY OF COOPERATIVE AGREE- Reserve Corps, the local Cities Readiness Ini- nated strategy and an accompanying imple- MENT FUNDS.— tiative, and local emergency plans. mentation plan that identifies and dem- ‘‘(A) IN GENERAL.—Amounts provided to an ‘‘(2) NATIONAL COLLABORATION.—Partner- onstrates the measurable steps the Secretary eligible entity under a cooperative agree- ships consisting of one or more eligible enti- will carry out to— ment under subsection (a) for a fiscal year ties under this section may, to the extent ‘‘(A) develop, implement, and evaluate the and remaining unobligated at the end of such practicable, collaborate with other partner- network described in paragraph (1), utilizing year shall remain available to such entity ships consisting of one or more eligible enti- the elements described in paragraph (3); for the next fiscal year for the purposes for ties under this section for purposes of na- ‘‘(B) modernize and enhance biosurveil- which such funds were provided. tional coordination and collaboration with lance activities; and ‘‘(B) FUNDS CONTINGENT ON ACHIEVING respect to activities to achieve the prepared- ‘‘(C) improve information sharing, coordi- BENCHMARKS.—The continued availability of ness goals described under paragraphs (1), (3), nation, and communication among disparate funds under subparagraph (A) with respect to (4), (5), and (6) of section 2802(b).’’; biosurveillance systems supported by the De- an entity shall be contingent upon such enti- (5) in subsection (i)— partment of Health and Human Services.’’; ty achieving the benchmarks and submitting (A) by striking ‘‘The requirements of’’ and (D) in paragraph (3)(D), by inserting ‘‘com- the pandemic influenza plan as described in inserting the following: munity health centers, health centers’’ after subsection (g).’’; and ‘‘(1) IN GENERAL.—The requirements of’’; ‘‘poison control,’’; (7) in subsection (j), by striking paragraph and (E) in paragraph (5), by striking subpara- (3). (B) by adding at the end the following: graph (A) and inserting the following: (b) VACCINE TRACKING AND DISTRIBUTION.— ‘‘(2) MEETING GOALS OF NATIONAL HEALTH ‘‘(A) utilize applicable interoperability Section 319A(e) of the Public Health Service SECURITY STRATEGY.—The Secretary shall standards as determined by the Secretary, Act (42 U.S.C. 247d–1(e)) is amended by strik- implement objective, evidence-based metrics and in consultation with the Office of the ing ‘‘such sums for each of fiscal years 2007 to ensure that entities receiving awards National Coordinator for Health Information through 2011’’ and inserting ‘‘$30,800,000 for under this section are meeting, to the extent Technology, through a joint public and pri- each of fiscal years 2013 through 2017’’. practicable, the applicable goals of the Na- vate sector process;’’; and SEC. 203. HOSPITAL PREPAREDNESS AND MED- tional Health Security Strategy under sec- (F) by adding at the end the following: ICAL SURGE CAPACITY. tion 2802.’’; and ‘‘(6) CONSULTATION WITH THE NATIONAL BIO- (a) ALL-HAZARDS PUBLIC HEALTH AND MED- (6) in subsection (j)— DEFENSE SCIENCE BOARD.—In carrying out ICAL RESPONSE CURRICULA AND TRAINING.— (A) by amending paragraph (1) to read as this section and consistent with section Section 319F(a)(5)(B) of the Public Health follows: 319M, the National Biodefense Science Board

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7287 shall provide expert advice and guidance, in- The sponsor or applicant’’. (ii) by striking ‘‘Health and’’ and inserting cluding recommendations, regarding the SEC. 302. AUTHORIZATION FOR MEDICAL PROD- ‘‘Health, and’’; and measurable steps the Secretary should take UCTS FOR USE IN EMERGENCIES. (iii) by striking ‘‘circumstances of the to modernize and enhance biosurveillance (a) IN GENERAL.—Section 564 of the Federal emergency involved’’ and inserting ‘‘applica- activities pursuant to the efforts of the De- Food, Drug, and Cosmetic Act (21 U.S.C. ble circumstances described in subsection partment of Health and Human Services to 360bbb–3) is amended— (b)(1)’’; ensure comprehensive, real-time, all-hazards (1) in subsection (a)— (B) in paragraph (1), by striking ‘‘speci- biosurveillance capabilities. In complying (A) in paragraph (1), by striking ‘‘sections fied’’ and inserting ‘‘referred to’’; and with the preceding sentence, the National 505, 510(k), and 515 of this Act’’ and inserting (C) in paragraph (2)(B), by inserting ‘‘, tak- Biodefense Science Board shall— ‘‘any provision of this Act’’; ing into consideration the material threat ‘‘(A) identify the steps necessary to (B) in paragraph (2)(A), by striking ‘‘under posed by the agent or agents identified in a achieve a national biosurveillance system a provision of law referred to in such para- declaration under subsection (b)(1)(D), if ap- for human health, with international graph’’ and inserting ‘‘under section 505, plicable’’ after ‘‘risks of the product’’; connectivity, where appropriate, that is 510(k), or 515 of this Act or section 351 of the (4) in subsection (d)(3), by inserting ‘‘, to predicated on State, regional, and commu- Public Health Service Act’’; and the extent practicable given the cir- nity level capabilities and creates a (C) in paragraph (3), by striking ‘‘a provi- cumstances of the emergency,’’ after ‘‘in- networked system to allow for two-way in- sion of law referred to in such paragraph’’ cluding’’; formation flow between and among Federal, and inserting ‘‘a section of this Act or the (5) in subsection (e)— State, and local government public health Public Health Service Act referred to in (A) in paragraph (1)(A), by striking ‘‘cir- authorities and clinical health care pro- paragraph (2)(A)’’; cumstances of the emergency’’ and inserting viders; (2) in subsection (b)— ‘‘applicable circumstances described in sub- ‘‘(B) identify any duplicative surveillance (A) in the subsection heading, by striking section (b)(1)’’; programs under the authority of the Sec- ‘‘EMERGENCY’’ and inserting ‘‘EMERGENCY OR (B) in paragraph (1)(B), by amending clause retary, or changes that are necessary to ex- THREAT JUSTIFYING EMERGENCY AUTHORIZED (iii) to read as follows: isting programs, in order to enhance and USE’’; ‘‘(iii) Appropriate conditions with respect modernize such activities, minimize duplica- (B) in paragraph (1)— to collection and analysis of information tion, strengthen and streamline such activi- (i) in the matter preceding subparagraph concerning the safety and effectiveness of ties under the authority of the Secretary, (A), by striking ‘‘may declare an emergency’’ the product with respect to the use of such and achieve real-time and appropriate data and inserting ‘‘may make a declaration that product during the period when the author- that relate to disease activity, both human the circumstances exist’’; ization is in effect and a reasonable time fol- and zoonotic; and (ii) in subparagraph (A), by striking ‘‘speci- lowing such period.’’; ‘‘(C) coordinate with applicable existing fied’’; (C) in paragraph (2)— advisory committees of the Director of the (iii) in subparagraph (B)— (i) in subparagraph (A)— Centers for Disease Control and Prevention, (I) by striking ‘‘specified’’; and (I) by striking ‘‘manufacturer of the prod- including such advisory committees con- (II) by striking ‘‘; or’’ and inserting a semi- uct’’ and inserting ‘‘person’’; sisting of representatives from State, local, colon; (II) by striking ‘‘circumstances of the and tribal public health authorities and ap- (iv) by amending subparagraph (C) to read emergency’’ and inserting ‘‘applicable cir- propriate public and private sector health as follows: cumstances described in subsection (b)(1)’’; care entities and academic institutions, in ‘‘(C) a determination by the Secretary that and order to provide guidance on public health there is a public health emergency, or a sig- (III) by inserting at the end before the pe- surveillance activities.’’; nificant potential for a public health emer- riod ‘‘or in paragraph (1)(B)’’; (4) in subsection (e)(5), by striking ‘‘4 years gency, that affects, or has a significant po- (ii) in subparagraph (B)(i), by inserting be- after the date of enactment of the Pandemic tential to affect, national security or the fore the period at the end ‘‘, except as pro- and All-Hazards Preparedness Act’’ and in- health and security of United States citizens vided in section 564A with respect to author- serting ‘‘3 years after the date of enactment living abroad, and that involves a biological, ized changes to the product expiration date’’; of the Pandemic and All-Hazards Prepared- chemical, radiological, or nuclear agent or and ness Reauthorization Act of 2012’’; agents, or a disease or condition that may be (iii) by amending subparagraph (C) to read (5) in subsection (g), by striking ‘‘such attributable to such agent or agents; or’’; as follows: sums as may be necessary in each of fiscal and ‘‘(C) In establishing conditions under this years 2007 through 2011’’ and inserting (v) by adding at the end the following: paragraph with respect to the distribution ‘‘$138,300,000 for each of fiscal years 2013 ‘‘(D) the identification of a material threat and administration of the product for the un- through 2017’’; and pursuant to section 319F–2 of the Public approved use, the Secretary shall not impose (6) by adding at the end the following: Health Service Act sufficient to affect na- conditions that would restrict distribution ‘‘(h) DEFINITION.—For purposes of this sec- tional security or the health and security of or administration of the product when dis- tion the term ‘biosurveillance’ means the United States citizens living abroad.’’; tributed or administered for the approved process of gathering near real-time biologi- (C) in paragraph (2)— use.’’; and cal data that relates to human and zoonotic (i) in subparagraph (A), by amending (D) by amending paragraph (3) to read as disease activity and threats to human or ani- clause (ii) to read as follows: follows: mal health, in order to achieve early warn- ‘‘(ii) a change in the approval status of the ‘‘(3) GOOD MANUFACTURING PRACTICE; PRE- ing and identification of such health threats, product such that the circumstances de- SCRIPTION.—With respect to the emergency early detection and prompt ongoing tracking scribed in subsection (a)(2) have ceased to use of a product for which an authorization of health events, and overall situational exist.’’; under this section is issued (whether an un- awareness of disease activity.’’. (ii) by striking subparagraph (B); and approved product or an unapproved use of an SEC. 205. ELIMINATING DUPLICATIVE PROJECT (iii) by redesignating subparagraph (C) as approved product), the Secretary may waive BIOSHIELD REPORTS. subparagraph (B); or limit, to the extent appropriate given the Section 5 of the Project Bioshield Act of (D) in paragraph (4), by striking ‘‘advance applicable circumstances described in sub- 2004 (42 U.S.C. 247d–6c) is repealed. notice of termination, and renewal under section (b)(1)— TITLE III—ENHANCING MEDICAL this subsection.’’ and inserting ‘‘, and ad- ‘‘(A) requirements regarding current good COUNTERMEASURE REVIEW vance notice of termination under this sub- manufacturing practice otherwise applicable SEC. 301. SPECIAL PROTOCOL ASSESSMENT. section.’’; and to the manufacture, processing, packing, or Section 505(b)(5)(B) of the Federal Food, (E) by adding at the end the following: holding of products subject to regulation Drug, and Cosmetic Act (21 U.S.C. ‘‘(5) EXPLANATION BY SECRETARY.—If an au- under this Act, including such requirements 355(b)(5)(B)) is amended by striking ‘‘size of thorization under this section with respect established under section 501 or 520(f)(1), and clinical trials intended’’ and all that follows to an unapproved product or an unapproved including relevant conditions prescribed through ‘‘. The sponsor or applicant’’ and in- use of an approved product has been in effect with respect to the product by an order serting the following: ‘‘size— for more than 1 year, the Secretary shall under section 520(f)(2); ‘‘(i)(I) of clinical trials intended to form provide in writing to the sponsor of such ‘‘(B) requirements established under sec- the primary basis of an effectiveness claim; product an explanation of the scientific, reg- tion 503(b); and or ulatory, or other obstacles to approval, li- ‘‘(C) requirements established under sec- ‘‘(II) in the case where human efficacy censure, or clearance of such product or use, tion 520(e).’’; studies are not ethical or feasible, of animal including specific actions to be taken by the (6) in subsection (g)— and any associated clinical trials which, in Secretary and the sponsor to overcome such (A) in the subsection heading, by inserting combination, are intended to form the pri- obstacles.’’; ‘‘REVIEW AND’’ before ‘‘REVOCATION’’; mary basis of an effectiveness claim; or (3) in subsection (c)— (B) in paragraph (1), by inserting after the ‘‘(ii) with respect to an application for ap- (A) in the matter preceding paragraph (1)— period at the end the following: ‘‘As part of proval of a biological product under section (i) by inserting ‘‘the Assistant Secretary such review, the Secretary shall regularly 351(k) of the Public Health Service Act, of for Preparedness and Response,’’ after ‘‘con- review the progress made with respect to the any necessary clinical study or studies. sultation with’’; approval, licensure, or clearance of—

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7288 CONGRESSIONAL RECORD — HOUSE December 19, 2012 ‘‘(A) an unapproved product for which an disease or condition caused by a product de- considered an unapproved product (as defined authorization was issued under this section; scribed in clause (i); and in section 564(a)(2)(A)) and shall not be or ‘‘(C) is intended for use during the cir- deemed adulterated or misbranded under ‘‘(B) an unapproved use of an approved cumstances under which— this Act because, with respect to such prod- product for which an authorization was ‘‘(i) a determination described in subpara- uct, the Secretary has authorized deviations issued under this section.’’; and graph (A), (B), or (C) of section 564(b)(1) has from current good manufacturing practices (C) by amending paragraph (2) to read as been made by the Secretary of Homeland Se- under paragraph (1). follows: curity, the Secretary of Defense, or the Sec- ‘‘(d) EMERGENCY DISPENSING.—The require- ‘‘(2) REVISION AND REVOCATION.—The Sec- retary, respectively; or ments of sections 503(b) and 520(e) shall not retary may revise or revoke an authorization ‘‘(ii) the identification of a material threat apply to an eligible product, and the product under this section if— described in subparagraph (D) of section shall not be considered an unapproved prod- ‘‘(A) the circumstances described under 564(b)(1) has been made pursuant to section uct (as defined in section 564(a)(2)(A)) and subsection (b)(1) no longer exist; 319F–2 of the Public Health Service Act. shall not be deemed adulterated or mis- ‘‘(B) the criteria under subsection (c) for ‘‘(2) PRODUCT.—The term ‘product’ means a branded under this Act because it is dis- issuance of such authorization are no longer drug, device, or biological product. pensed without an individual prescription, met; or ‘‘(b) EXPIRATION DATING.— if— ‘‘(C) other circumstances make such revi- ‘‘(1) IN GENERAL.—The Secretary may ex- ‘‘(1) the product is dispensed during the sion or revocation appropriate to protect the tend the expiration date and authorize the circumstances described in subsection public health or safety.’’; introduction or delivery for introduction (a)(1)(C); and (7) in subsection (h)(1), by adding after the into interstate commerce of an eligible prod- ‘‘(2) such dispensing without an individual period at the end the following: ‘‘The Sec- uct after the expiration date provided by the prescription occurs— retary shall make any revisions to an au- manufacturer if— ‘‘(A) as permitted under the law of the thorization under this section available on ‘‘(A) the expiration date extension is in- State in which the product is dispensed; or the Internet Web site of the Food and Drug tended to support the United States ability ‘‘(B) in accordance with an order issued by to protect— Administration.’’; the Secretary, for the purposes and duration ‘‘(i) the public health; or (8) by adding at the end of subsection (j) of the circumstances described in subsection ‘‘(ii) military preparedness and effective- the following: (a)(1)(C). ness; and ‘‘(4) Nothing in this section shall be con- ‘‘(e) EMERGENCY USE INSTRUCTIONS.— ‘‘(B) the expiration date extension is sup- strued as authorizing a delay in the review ‘‘(1) IN GENERAL.—The Secretary, acting ported by an appropriate scientific evalua- or other consideration by the Secretary of through an appropriate official within the tion that is conducted or accepted by the any application or submission pending before Secretary. Department of Health and Human Services, the Food and Drug Administration for a may create and issue emergency use instruc- ‘‘(2) REQUIREMENTS AND CONDITIONS.—Any product for which an authorization under extension of an expiration date under para- tions to inform health care providers or indi- this section is issued.’’; and graph (1) shall, as part of the extension, iden- viduals to whom an eligible product is to be (9) by adding at the end the following: tify— administered concerning such product’s ap- ‘‘(m) CATEGORIZATION OF LABORATORY ‘‘(A) each specific lot, batch, or other unit proved, licensed, or cleared conditions of use. TESTS ASSOCIATED WITH DEVICES SUBJECT TO of the product for which extended expiration ‘‘(2) EFFECT.—Notwithstanding any other AUTHORIZATION.— is authorized; provisions of this Act or the Public Health ‘‘(1) IN GENERAL.—In issuing an authoriza- ‘‘(B) the duration of the extension; and Service Act, a product shall not be consid- tion under this section with respect to a de- ‘‘(C) any other requirements or conditions ered an unapproved product and shall not be vice, the Secretary may, subject to the pro- as the Secretary may deem appropriate for deemed adulterated or misbranded under visions of this section, determine that a lab- the protection of the public health, which this Act because of the issuance of emer- oratory examination or procedure associated may include requirements for, or conditions gency use instructions under paragraph (1) with such device shall be deemed, for pur- on, product sampling, storage, packaging or with respect to such product or the introduc- poses of section 353 of the Public Health repackaging, transport, labeling, notice to tion or delivery for introduction of such Service Act, to be in a particular category of product recipients, recordkeeping, periodic product into interstate commerce accom- examinations and procedures (including the testing or retesting, or product disposition. panied by such instructions— category described by subsection (d)(3) of ‘‘(3) EFFECT.—Notwithstanding any other ‘‘(A) during an emergency response to an such section) if, based on the totality of sci- provision of this Act or the Public Health actual emergency that is the basis for a de- entific evidence available to the Secretary— Service Act, an eligible product shall not be termination described in subsection ‘‘(A) such categorization would be bene- considered an unapproved product (as defined (a)(1)(C)(i); or ficial to protecting the public health; and in section 564(a)(2)(A)) and shall not be ‘‘(B) by a government entity (including a ‘‘(B) the known and potential benefits of deemed adulterated or misbranded under Federal, State, local, or tribal government such categorization under the circumstances this Act because, with respect to such prod- entity), or a person acting on behalf of such of the authorization outweigh the known and uct, the Secretary has, under paragraph (1), a government entity, in preparation for an potential risks of the categorization. extended the expiration date and authorized emergency response.’’. ‘‘(2) CONDITIONS OF DETERMINATION.—The the introduction or delivery for introduction (c) RISK EVALUATION AND MITIGATION Secretary may establish appropriate condi- into interstate commerce of such product STRATEGIES.—Section 505–1 of the Federal tions on the performance of the examination after the expiration date provided by the Food, Drug, and Cosmetic Act (21 U.S.C. 355– or procedure pursuant to such determina- manufacturer. 1), is amended— tion. ‘‘(4) EXPIRATION DATE.—For purposes of (1) in subsection (f), by striking paragraph ‘‘(3) EFFECTIVE PERIOD.—A determination this subsection, the term ‘expiration date’ (7); and under this subsection shall be effective for means the date established through appro- (2) by adding at the end the following: purposes of section 353 of the Public Health priate stability testing required by the regu- ‘‘(k) WAIVER IN PUBLIC HEALTH EMER- Service Act notwithstanding any other pro- lations issued by the Secretary to ensure GENCIES.—The Secretary may waive any re- vision of that section during the effective pe- that the product meets applicable standards quirement of this section with respect to a riod of the relevant declaration under sub- of identity, strength, quality, and purity at qualified countermeasure (as defined in sec- section (b).’’. the time of use. tion 319F–1(a)(2) of the Public Health Service (b) EMERGENCY USE OF MEDICAL PROD- ‘‘(c) CURRENT GOOD MANUFACTURING PRAC- Act) to which a requirement under this sec- UCTS.—Subchapter E of chapter V of the Fed- TICE.— tion has been applied, if the Secretary deter- eral Food, Drug, and Cosmetic Act (21 U.S.C. ‘‘(1) IN GENERAL.—The Secretary may, mines that such waiver is required to miti- 360bbb et seq.) is amended by inserting after when the circumstances of a domestic, mili- gate the effects of, or reduce the severity of, section 564 the following: tary, or public health emergency or material the circumstances under which— ‘‘SEC. 564A. EMERGENCY USE OF MEDICAL PROD- threat described in subsection (a)(1)(C) so ‘‘(1) a determination described in subpara- UCTS. warrant, authorize, with respect to an eligi- graph (A), (B), or (C) of section 564(b)(1) has ‘‘(a) DEFINITIONS.—In this section: ble product, deviations from current good been made by the Secretary of Homeland Se- ‘‘(1) ELIGIBLE PRODUCT.—The term ‘eligible manufacturing practice requirements other- curity, the Secretary of Defense, or the Sec- product’ means a product that— wise applicable to the manufacture, proc- retary, respectively; or ‘‘(A) is approved or cleared under this essing, packing, or holding of products sub- ‘‘(2) the identification of a material threat chapter or licensed under section 351 of the ject to regulation under this Act, including described in subparagraph (D) of section Public Health Service Act; requirements under section 501 or 520(f)(1) or 564(b)(1) has been made pursuant to section ‘‘(B)(i) is intended for use to prevent, diag- applicable conditions prescribed with respect 319F–2 of the Public Health Service Act.’’. nose, or treat a disease or condition involv- to the eligible product by an order under sec- (d) PRODUCTS HELD FOR EMERGENCY USE.— ing a biological, chemical, radiological, or tion 520(f)(2). The Federal Food, Drug, and Cosmetic Act nuclear agent or agents; or ‘‘(2) EFFECT.—Notwithstanding any other (21 U.S.C. 301 et seq.) is amended by inserting ‘‘(ii) is intended for use to prevent, diag- provision of this Act or the Public Health after section 564A, as added by subsection nose, or treat a serious or life-threatening Service Act, an eligible product shall not be (b), the following:

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7289 ‘‘SEC. 564B. PRODUCTS HELD FOR EMERGENCY cluding with respect to meeting regulatory human efficacy studies are not ethical or USE. requirements set forth in this Act; practicable, and that has an approved inves- ‘‘It is not a violation of any section of this ‘‘(3) promote countermeasure expertise tigational new drug application or investiga- Act or of the Public Health Service Act for within the Food and Drug Administration tional device exemption, may request and re- a government entity (including a Federal, by— ceive— State, local, or tribal government entity), or ‘‘(A) ensuring that Food and Drug Admin- ‘‘(A) a meeting to discuss proposed animal a person acting on behalf of such a govern- istration personnel involved in reviewing model development activities; and ment entity, to introduce into interstate countermeasures for approval, licensure, or ‘‘(B) a meeting prior to initiating pivotal commerce a product (as defined in section clearance are informed by the Assistant Sec- animal studies. 564(a)(4)) intended for emergency use, if that retary for Preparedness and Response on the ‘‘(2) PEDIATRIC MODELS.—To facilitate the product— material threat assessment conducted under development and selection of animal models ‘‘(1) is intended to be held and not used; section 319F–2 of the Public Health Service that could translate to pediatric studies, any and Act for the agent or agents for which the meeting conducted under paragraph (1) shall ‘‘(2) is held and not used, unless and until countermeasure under review is intended; include discussion of animal models for pedi- that product— ‘‘(B) training Food and Drug Administra- atric populations, as appropriate. ‘‘(A) is approved, cleared, or licensed under tion personnel regarding review of counter- ‘‘(e) REVIEW AND APPROVAL OF COUNTER- section 505, 510(k), or 515 of this Act or sec- measures for approval, licensure, or clear- MEASURES.— tion 351 of the Public Health Service Act; ance; ‘‘(1) MATERIAL THREAT.—When evaluating ‘‘(C) holding public meetings at least twice ‘‘(B) is authorized for investigational use an application or submission for approval, li- annually to encourage the exchange of sci- under section 505 or 520 of this Act or section censure, or clearance of a countermeasure, entific ideas; and 351 of the Public Health Service Act; or the Secretary shall take into account the ‘‘(D) establishing protocols to ensure that ‘‘(C) is authorized for use under section material threat posed by the chemical, bio- countermeasure reviewers have sufficient 564.’’. logical, radiological, or nuclear agent or training or experience with counter- SEC. 303. DEFINITIONS. agents identified under section 319F–2 of the measures; Section 565 of the Federal Food, Drug, and Public Health Service Act for which the Cosmetic Act (21 U.S.C. 360bbb–4) is amended ‘‘(4) maintain teams, composed of Food and Drug Administration personnel with exper- countermeasure under review is intended. by striking ‘‘The Secretary, in consultation’’ tise on countermeasures, including specific ‘‘(2) REVIEW EXPERTISE.—When practicable and inserting the following: countermeasures, populations with special and appropriate, teams of Food and Drug Ad- ‘‘(a) DEFINITIONS.—In this section— clinical needs (including children and preg- ministration personnel reviewing applica- ‘‘(1) the term ‘countermeasure’ means a nant women that may use countermeasures, tions or submissions described under para- qualified countermeasure, a security coun- as applicable and appropriate), classes or graph (1) shall include a reviewer with suffi- termeasure, and a qualified pandemic or epi- groups of countermeasures, or other counter- cient training or experience with counter- demic product; measure-related technologies and capabili- measures pursuant to the protocols estab- ‘‘(2) the term ‘qualified countermeasure’ ties, that shall— lished under subsection (b)(3)(D).’’. has the meaning given such term in section ‘‘(A) consult with countermeasure experts, SEC. 305. REGULATORY MANAGEMENT PLANS. 319F–1 of the Public Health Service Act; including countermeasure sponsors and ap- Section 565 of the Federal Food, Drug, and ‘‘(3) the term ‘security countermeasure’ plicants, to identify and help resolve sci- Cosmetic Act (21 U.S.C. 360bbb–4), as amend- has the meaning given such term in section entific issues related to the approval, licen- ed by section 304, is further amended by add- 319F–2 of such Act; and sure, or clearance of countermeasures, ing at the end the following: ‘‘(4) the term ‘qualified pandemic or epi- through workshops or public meetings; and demic product’ means a product that meets ‘‘(B) improve and advance the science re- ‘‘(f) REGULATORY MANAGEMENT PLAN.— the definition given such term in section lating to the development of new tools, ‘‘(1) DEFINITION.—In this subsection, the 319F–3 of the Public Health Service Act standards, and approaches to assessing and term ‘eligible countermeasure’ means— and— evaluating countermeasures— ‘‘(A) a security countermeasure with re- ‘‘(A) that has been identified by the De- ‘‘(i) in order to inform the process for spect to which the Secretary has entered partment of Health and Human Services or countermeasure approval, clearance, and li- into a procurement contract under section the Department of Defense as receiving fund- censure; and 319F–2(c) of the Public Health Service Act; or ing directly related to addressing chemical, ‘‘(ii) with respect to the development of ‘‘(B) a countermeasure with respect to biological, radiological, or nuclear threats, countermeasures for populations with spe- which the Biomedical Advanced Research including pandemic influenza; or cial clinical needs, including children and and Development Authority has provided ‘‘(B) is included under this paragraph pur- pregnant women, in order to meet the needs funding under section 319L of the Public suant to a determination by the Secretary. of such populations, as necessary and appro- Health Service Act for advanced research ‘‘(b) GENERAL DUTIES.—The Secretary, in priate; and and development. consultation’’. ‘‘(5) establish’’; and ‘‘(2) REGULATORY MANAGEMENT PLAN PROC- SEC. 304. ENHANCING MEDICAL COUNTER- (3) by adding at the end the following: ESS.—The Secretary, in consultation with MEASURE ACTIVITIES. ‘‘(c) FINAL GUIDANCE ON DEVELOPMENT OF the Assistant Secretary for Preparedness and Section 565 of the Federal Food, Drug, and ANIMAL MODELS.— Response and the Director of the Biomedical Cosmetic Act (21 U.S.C. 360bbb–4), as amend- ‘‘(1) IN GENERAL.—Not later than 1 year Advanced Research and Development Au- ed by section 303, is further amended— after the date of the enactment of the Pan- thority, shall establish a formal process for (1) in the section heading, by striking demic and All-Hazards Preparedness Reau- obtaining scientific feedback and inter- ‘‘TECHNICAL ASSISTANCE’’ and inserting thorization Act of 2012, the Secretary shall actions regarding the development and regu- ‘‘COUNTERMEASURE DEVELOPMENT, RE- provide final guidance to industry regarding latory review of eligible countermeasures by VIEW, AND TECHNICAL ASSISTANCE’’; the development of animal models to support facilitating the development of written regu- (2) in subsection (b), by striking the sub- approval, clearance, or licensure of counter- latory management plans in accordance with section enumerator and all that follows measures referred to in subsection (a) when this subsection. through ‘‘shall establish’’ and inserting the human efficacy studies are not ethical or ‘‘(3) SUBMISSION OF REQUEST AND PROPOSED following: feasible. PLAN BY SPONSOR OR APPLICANT.— ‘‘(b) GENERAL DUTIES.—In order to accel- ‘‘(2) AUTHORITY TO EXTEND DEADLINE.—The ‘‘(A) IN GENERAL.—A sponsor or applicant erate the development, stockpiling, ap- Secretary may extend the deadline for pro- of an eligible countermeasure may initiate proval, licensure, and clearance of qualified viding final guidance under paragraph (1) by the process described under paragraph (2) countermeasures, security countermeasures, not more than 6 months upon submission by upon submission of a written request to the and qualified pandemic or epidemic products, the Secretary of a report on the status of Secretary. Such request shall include a pro- the Secretary, in consultation with the As- such guidance to the Committee on Energy posed regulatory management plan. sistant Secretary for Preparedness and Re- and Commerce of the House of Representa- ‘‘(B) TIMING OF SUBMISSION.—A sponsor or sponse, shall— tives and the Committee on Health, Edu- applicant may submit a written request ‘‘(1) ensure the appropriate involvement of cation, Labor, and Pensions of the Senate. under subparagraph (A) after the eligible Food and Drug Administration personnel in ‘‘(d) DEVELOPMENT AND ANIMAL MODELING countermeasure has an investigational new interagency activities related to counter- PROCEDURES.— drug or investigational device exemption in measure advanced research and develop- ‘‘(1) AVAILABILITY OF ANIMAL MODEL MEET- effect. ment, consistent with sections 319F, 319F–1, INGS.—To facilitate the timely development ‘‘(C) RESPONSE BY SECRETARY.—The Sec- 319F–2, 319F–3, 319L, and 2811 of the Public of animal models and support the develop- retary shall direct the Food and Drug Ad- Health Service Act; ment, stockpiling, licensure, approval, and ministration, upon submission of a written ‘‘(2) ensure the appropriate involvement clearance of countermeasures, the Secretary request by a sponsor or applicant under sub- and consultation of Food and Drug Adminis- shall, not later than 180 days after the enact- paragraph (A), to work with the sponsor or tration personnel in any flexible manufac- ment of this subsection, establish a proce- applicant to agree on a regulatory manage- turing activities carried out under section dure by which a sponsor or applicant that is ment plan within a reasonable time not to 319L of the Public Health Service Act, in- developing a countermeasure for which exceed 90 days. If the Secretary determines

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7290 CONGRESSIONAL RECORD — HOUSE December 19, 2012 that no plan can be agreed upon, the Sec- SEC. 306. REPORT. SEC. 307. PEDIATRIC MEDICAL COUNTER- MEASURES. retary shall provide to the sponsor or appli- Section 565 of the Federal Food, Drug, and cant, in writing, the scientific or regulatory (a) PEDIATRIC STUDIES OF DRUGS.—Section Cosmetic Act (21 U.S.C. 360bbb–4), as amend- rationale why such agreement cannot be 505A of the Federal Food, Drug, and Cos- ed by section 305, is further amended by add- reached. metic Act (21 U.S.C. 355a) is amended— ‘‘(4) PLAN.—The content of a regulatory ing at the end the following: (1) in subsection (d), by adding at the end the following: management plan agreed to by the Secretary ‘‘(g) ANNUAL REPORT.—Not later than 180 ‘‘(5) CONSULTATION.—With respect to a drug and a sponsor or applicant shall include— days after the date of enactment of this sub- ‘‘(A) an agreement between the Secretary that is a qualified countermeasure (as de- section, and annually thereafter, the Sec- fined in section 319F–1 of the Public Health and the sponsor or applicant regarding devel- retary shall make publicly available on the Service Act), a security countermeasure (as opmental milestones that will trigger re- Web site of the Food and Drug Administra- defined in section 319F–2 of the Public Health sponses by the Secretary as described in sub- tion a report that details the counter- Service Act), or a qualified pandemic or epi- paragraph (B); measure development and review activities demic product (as defined in section 319F–3 of ‘‘(B) performance targets and goals for the Public Health Service Act), the Sec- timely and appropriate responses by the Sec- of the Food and Drug Administration, in- retary shall solicit input from the Assistant retary to the triggers described under sub- cluding— Secretary for Preparedness and Response re- paragraph (A), including meetings between ‘‘(1) with respect to the development of new tools, standards, and approaches to as- garding the need for and, from the Director the Secretary and the sponsor or applicant, of the Biomedical Advanced Research and written feedback, decisions by the Secretary, sess and evaluate countermeasures— ‘‘(A) the identification of the priorities of Development Authority regarding the con- and other activities carried out as part of duct of, pediatric studies under this sec- the development and review process; and the Food and Drug Administration and the progress made on such priorities; and tion.’’; and ‘‘(C) an agreement on how the plan shall be (2) in subsection (n)(1), by adding at the modified, if needed. ‘‘(B) the identification of scientific gaps that impede the development, approval, li- end the following: ‘‘(5) MILESTONES AND PERFORMANCE TAR- ‘‘(C) For a drug that is a qualified counter- GETS.—The developmental milestones de- censure, or clearance of countermeasures for populations with special clinical needs, in- measure (as defined in section 319F–1 of the scribed in paragraph (4)(A) and the perform- Public Health Service Act), a security coun- ance targets and goals described in para- cluding children and pregnant women, and the progress made on resolving these chal- termeasure (as defined in section 319F–2 of graph (4)(B) shall include— the Public Health Service Act), or a qualified lenges; ‘‘(A) feedback from the Secretary regard- pandemic or epidemic product (as defined in ‘‘(2) with respect to countermeasures for ing the data required to support the ap- section 319F–3 of such Act), in addition to which a regulatory management plan has proval, clearance, or licensure of the eligible any action with respect to such drug under been agreed upon under subsection (f), the countermeasure involved; subparagraph (A) or (B), the Secretary shall extent to which the performance targets and ‘‘(B) feedback from the Secretary regard- notify the Assistant Secretary for Prepared- goals set forth in subsection (f)(4)(B) and the ing the data necessary to inform any author- ness and Response and the Director of the regulatory management plan have been met, ization under section 564; Biomedical Advanced Research and Develop- including, for each such countermeasure— ‘‘(C) feedback from the Secretary regard- ment Authority of all pediatric studies in ‘‘(A) whether the regulatory management ing the data necessary to support the posi- the written request issued by the Commis- plan was completed within the required tioning and delivery of the eligible counter- sioner of Food and Drugs.’’. measure, including to the Strategic National timeframe, and the length of time taken to (b) ADDITION TO PRIORITY LIST CONSIDER- Stockpile; complete such plan; ATIONS.—Section 409I of the Public Health ‘‘(D) feedback from the Secretary regard- ‘‘(B) whether the Secretary adhered to the Service Act (42 U.S.C. 284m) is amended— ing the data necessary to support the sub- timely and appropriate response times set (1) by striking subsection (a)(2) and insert- mission of protocols for review under section forth in such plan; and ing the following: 505(b)(5)(B); ‘‘(C) explanations for any failure to meet ‘‘(2) CONSIDERATION OF AVAILABLE INFORMA- ‘‘(E) feedback from the Secretary regard- such performance targets and goals; TION.—In developing and prioritizing the list ing any gaps in scientific knowledge that ‘‘(3) the number of regulatory teams estab- under paragraph (1), the Secretary— will need resolution prior to approval, licen- lished pursuant to subsection (b)(4), the ‘‘(A) shall consider— sure, or clearance of the eligible counter- number of products, classes of products, or ‘‘(i) therapeutic gaps in pediatrics that measure and plans for conducting the nec- technologies assigned to each such team, and may include developmental pharmacology, essary scientific research; the number of, type of, and any progress pharmacogenetic determinants of drug re- ‘‘(F) identification of the population for made as a result of consultations carried out sponse, metabolism of drugs and biologics in which the countermeasure sponsor or appli- under subsection (b)(4)(A); children, and pediatric clinical trials; cant seeks approval, licensure, or clearance ‘‘(4) an estimate of resources obligated to ‘‘(ii) particular pediatric diseases, dis- and the population for which desired labeling countermeasure development and regulatory orders or conditions where more complete would not be appropriate, if known; and assessment, including— knowledge and testing of therapeutics, in- ‘‘(G) as necessary and appropriate, and to ‘‘(A) Center-specific objectives and accom- cluding drugs and biologics, may be bene- the extent practicable, a plan for dem- plishments; and ficial in pediatric populations; and onstrating safety and effectiveness in pedi- ‘‘(B) the number of full-time equivalent ‘‘(iii) the adequacy of necessary infrastruc- atric populations, and for developing pedi- employees of the Food and Drug Administra- ture to conduct pediatric pharmacological atric dosing, formulation, and administra- tion who directly support the review of coun- research, including research networks and tion with respect to the eligible counter- termeasures; trained pediatric investigators; and measure, provided that such plan would not ‘‘(5) the number of countermeasure appli- ‘‘(B) may consider the availability of quali- delay authorization under section 564, ap- cations and submissions submitted, the num- fied countermeasures (as defined in section proval, licensure, or clearance for adults. ber of countermeasures approved, licensed, 319F–1), security countermeasures (as defined ‘‘(6) PRIORITIZATION.— or cleared, the status of remaining sub- in section 319F–2), and qualified pandemic or ‘‘(A) PLANS FOR SECURITY COUNTER- mitted applications and submissions, and the epidemic products (as defined in section MEASURES.—The Secretary shall establish number of each type of authorization issued 319F–3) to address the needs of pediatric pop- regulatory management plans for all secu- pursuant to section 564; ulations, in consultation with the Assistant rity countermeasures for which a request is ‘‘(6) the number of written requests for a Secretary for Preparedness and Response, submitted under paragraph (3)(A). regulatory management plan submitted consistent with the purposes of this sec- ‘‘(B) PLANS FOR OTHER ELIGIBLE COUNTER- under subsection (f)(3)(A), the number of reg- tion.’’; and MEASURES.—The Secretary shall determine ulatory management plans developed, and (2) in subsection (b), by striking ‘‘sub- whether resources are available to establish the number of such plans developed for secu- section (a)’’ and inserting ‘‘paragraphs (1) regulatory management plans for eligible rity countermeasures; and and (2)(A) of subsection (a)’’. countermeasures that are not security coun- ‘‘(7) the number, type, and frequency of (c) ADVICE AND RECOMMENDATIONS OF THE termeasures. If resources are available to es- meetings between the Food and Drug Admin- PEDIATRIC ADVISORY COMMITTEE REGARDING tablish regulatory management plans for eli- istration and— COUNTERMEASURES FOR PEDIATRIC POPU- gible countermeasures that are not security ‘‘(A) sponsors of a countermeasure as de- LATIONS.—Subsection (b)(2) of section 14 of countermeasures, and if resources are not fined in subsection (a); or the Best Pharmaceuticals for Children Act available to establish regulatory manage- ‘‘(B) another agency engaged in develop- (42 U.S.C. 284m note) is amended— ment plans for all eligible countermeasures ment or management of portfolios for such (1) in subparagraph (C), by striking the pe- for which requests have been submitted, the countermeasures, including the Centers for riod and inserting ‘‘; and’’; and Director of the Biomedical Advanced Re- Disease Control and Prevention, the Bio- (2) by adding at the end the following: search and Development Authority, in con- medical Advanced Research and Develop- ‘‘(D) the development of countermeasures sultation with the Commissioner, shall ment Authority, the National Institutes of (as defined in section 565(a) of the Federal prioritize which eligible countermeasures Health, and the appropriate agencies of the Food, Drug, and Cosmetic Act) for pediatric may receive regulatory management plans.’’. Department of Defense.’’. populations.’’.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7291 TITLE IV—ACCELERATING MEDICAL ized to remain available until September 30, 7e(e)(1)(C)) is amended by striking ‘‘7 years’’ COUNTERMEASURE ADVANCED RE- 2019. and inserting ‘‘11 years’’. SEARCH AND DEVELOPMENT ‘‘(2) USE OF SPECIAL RESERVE FUND FOR AD- (e) EXTENSION OF LIMITED ANTITRUST EX- SEC. 401. BIOSHIELD. VANCED RESEARCH AND DEVELOPMENT.—The EMPTION.—Section 405(b) of the Pandemic (a) PROCUREMENT OF COUNTERMEASURES.— Secretary may utilize not more than 50 per- and All-Hazards Preparedness Act (42 U.S.C. Section 319F–2(c) of the Public Health Serv- cent of the amounts authorized to be appro- 247d–6a note) is amended by striking ‘‘6- ice Act (42 U.S.C. 247d–6b(c)) is amended— priated under paragraph (1) to carry out sec- year’’ and inserting ‘‘11-year’’. (1) in paragraph (1)(B)(i)(III)(bb), by strik- tion 319L (related to the Biomedical Ad- (f) INDEPENDENT EVALUATION.—Section ing ‘‘eight years’’ and inserting ‘‘10 years’’; vanced Research and Development Author- 319L of the Public Health Service Act (42 (2) in paragraph (2)(C), by striking ‘‘the ity). Amounts authorized to be appropriated U.S.C. 247d–7e) is amended by adding at the designated congressional committees (as de- under this subsection to carry out section end the following: fined in paragraph (10))’’ and inserting ‘‘the 319L are in addition to amounts otherwise ‘‘(f) INDEPENDENT EVALUATION.— appropriate committees of Congress’’; authorized to be appropriated to carry out ‘‘(1) IN GENERAL.—Not later than 180 days (3) in paragraph (5)(B)(ii), by striking such section. after the date of enactment of this sub- ‘‘eight years’’ and inserting ‘‘10 years’’; ‘‘(3) RESTRICTIONS ON USE OF FUNDS.— section, the Comptroller General of the (4) in subparagraph (C) of paragraph (6)— Amounts in the special reserve fund shall United States shall conduct an independent (A) in the subparagraph heading, by strik- not be used to pay costs other than pay- evaluation of the activities carried out to fa- ing ‘‘DESIGNATED CONGRESSIONAL COMMIT- ments made by the Secretary to a vendor for cilitate flexible manufacturing capacity pur- TEES’’ and inserting ‘‘APPROPRIATE CONGRES- advanced development (under section 319L) suant to this section. SIONAL COMMITTEES’’; and or for procurement of a security counter- ‘‘(2) REPORT.—Not later than 1 year after (B) by striking ‘‘the designated congres- measure under subsection (c)(7). the date of enactment of this subsection, the sional committees’’ and inserting ‘‘the ap- ‘‘(4) REPORT.—Not later than 30 days after Comptroller General of the United States propriate congressional committees’’; and any date on which the Secretary determines shall submit to the appropriate committees (5) in paragraph (7)(C)— that the amount of funds in the special re- of Congress a report concerning the results (A) in clause (i)(I), by inserting ‘‘including serve fund available for procurement is less of the evaluation conducted under paragraph advanced research and development,’’ after than $1,500,000,000, the Secretary shall sub- (1). Such report shall review and assess— ‘‘as may reasonably be required,’’; mit to the appropriate committees of Con- ‘‘(A) the extent to which flexible manufac- (B) in clause (ii)— gress a report detailing the amount of such turing capacity under this section is dedi- (i) in subclause (III), by striking ‘‘eight funds available for procurement and the im- cated to chemical, biological, radiological, years’’ and inserting ‘‘10 years’’; and pact such reduction in funding will have— and nuclear threats; (ii) by striking subclause (IX) and inserting ‘‘(A) in meeting the security counter- ‘‘(B) the activities supported by flexible the following: measure needs identified under this section; manufacturing initiatives; and ‘‘(IX) CONTRACT TERMS.—The Secretary, in and ‘‘(C) the ability of flexible manufacturing any contract for procurement under this sec- ‘‘(B) on the annual Public Health Emer- activities carried out under this section to— tion— gency Medical Countermeasures Enterprise ‘‘(i) secure and leverage leading technical ‘‘(aa) may specify— and Strategy Implementation Plan (pursu- expertise with respect to countermeasure ad- ‘‘(AA) the dosing and administration re- ant to section 2811(d)). vanced research, development, and manufac- ‘‘(h) DEFINITIONS.—In this section: quirements for the countermeasure to be de- turing processes; and ‘‘(1) The term ‘advanced research and de- veloped and procured; ‘‘(ii) meet the surge manufacturing capac- velopment’ has the meaning given such term ‘‘(BB) the amount of funding that will be ity needs presented by novel and emerging in section 319L(a). dedicated by the Secretary for advanced re- threats, including chemical, biological, radi- ‘‘(2) The term ‘special reserve fund’ means search, development, and procurement of the ological, and nuclear agents.’’. the ‘Biodefense Countermeasures’ appropria- countermeasure; and (g) DEFINITIONS.— tions account, any appropriation made avail- ‘‘(CC) the specifications the counter- (1) QUALIFIED COUNTERMEASURE.—Section able pursuant to section 521(a) of the Home- measure must meet to qualify for procure- 319F–1(a)(2)(A) of the Public Health Service land Security Act of 2002, and any appropria- ment under a contract under this section; Act (42 U.S.C. 247d–6a(a)(2)(A)) is amended— tion made available pursuant to subsection and (A) in the matter preceding clause (i), by (g)(1).’’. ‘‘(bb) shall provide a clear statement of de- striking ‘‘to—’’ and inserting ‘‘—’’; fined Government purpose limited to uses re- SEC. 402. BIOMEDICAL ADVANCED RESEARCH (B) in clause (i)— AND DEVELOPMENT AUTHORITY. lated to a security countermeasure, as de- (i) by striking ‘‘diagnose’’ and inserting (a) DUTIES.—Section 319L(c)(4) of the Pub- fined in paragraph (1)(B).’’; and ‘‘to diagnose’’; and lic Health Service Act (42 U.S.C. 247d– (C) by adding at the end the following: (ii) by striking ‘‘; or’’ and inserting a semi- 7e(c)(4)) is amended— colon; ‘‘(viii) FLEXIBILITY.—In carrying out this (1) in subparagraph (B)(iii), by inserting section, the Secretary may, consistent with (C) in clause (ii)— ‘‘(which may include advanced research and (i) by striking ‘‘diagnose’’ and inserting the applicable provisions of this section, development for purposes of fulfilling re- enter into contracts and other agreements ‘‘to diagnose’’; and quirements under the Federal Food, Drug, (ii) by striking the period at the end and that are in the best interest of the Govern- and Cosmetic Act or section 351 of this Act)’’ ment in meeting identified security counter- inserting ‘‘; or’’; and after ‘‘development’’; and (D) by adding at the end the following: measure needs, including with respect to re- (2) in subparagraph (D)(iii), by striking imbursement of the cost of advanced re- ‘‘(iii) is a product or technology intended ‘‘and vaccine manufacturing technologies’’ to enhance the use or effect of a drug, bio- search and development as a reasonable, al- and inserting ‘‘vaccine-manufacturing tech- lowable, and allocable direct cost of the con- logical product, or device described in clause nologies, dose-sparing technologies, efficacy- (i) or (ii).’’. tract involved.’’. increasing technologies, and platform tech- (b) REAUTHORIZATION OF THE SPECIAL RE- (2) QUALIFIED PANDEMIC OR EPIDEMIC PROD- nologies’’. SERVE FUND.—Section 319F–2 of the Public UCT.—Section 319F–3(i)(7)(A) of the Public (b) TRANSACTION AUTHORITIES.—Section Health Service Act (42 U.S.C. 247d–6d(i)(7)(A)) Health Service Act (42 U.S.C. 247d–6b) is 319L(c)(5) of the Public Health Service Act amended— is amended— (42 U.S.C. 247d–7e(c)(5)) is amended by adding (A) in clause (i)(II), by striking ‘‘; or’’ and (1) in subsection (c)— at the end the following: inserting ‘‘;’’; (A) by striking ‘‘special reserve fund under ‘‘(G) GOVERNMENT PURPOSE.—In awarding (B) in clause (ii), by striking ‘‘; and’’ and paragraph (10)’’ each place it appears and in- contracts, grants, and cooperative agree- inserting ‘‘; or’’; and serting ‘‘special reserve fund as defined in ments under this section, the Secretary shall (C) by adding at the end the following: subsection (h)’’; and provide a clear statement of defined Govern- ‘‘(iii) a product or technology intended to (B) by striking paragraphs (9) and (10); and ment purpose related to activities included enhance the use or effect of a drug, biologi- (2) by adding at the end the following: in subsection (a)(6)(B) for a qualified coun- cal product, or device described in clause (i) ‘‘(g) SPECIAL RESERVE FUND.— termeasure or qualified pandemic or epi- or (ii); and’’. ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—In demic product.’’. (3) TECHNICAL AMENDMENTS.—Section 319F– addition to amounts appropriated to the spe- (c) FUND.—Paragraph (2) of section 319L(d) cial reserve fund prior to the date of the en- of the Public Health Service Act (42 U.S.C. 3(i) of the Public Health Service Act (42 actment of this subsection, there is author- 247d–7e(d)(2)) is amended to read as follows: U.S.C. 247d–6d(i)) is amended— (A) in paragraph (1)(C), by inserting ‘‘, ized to be appropriated, for the procurement ‘‘(2) FUNDING.—To carry out the purposes of security countermeasures under sub- of this section, there is authorized to be ap- 564A, or 564B’’ after ‘‘564’’; and section (c) and for carrying out section 319L propriated to the Fund $415,000,000 for each of (B) in paragraph (7)(B)(iii), by inserting ‘‘, (relating to the Biomedical Advanced Re- fiscal years 2013 through 2017, such amounts 564A, or 564B’’ after ‘‘564’’. search and Development Authority), to remain available until expended.’’. SEC. 403. STRATEGIC NATIONAL STOCKPILE. $2,800,000,000 for the period of fiscal years (d) CONTINUED INAPPLICABILITY OF CERTAIN Section 319F–2 of the Public Health Service 2014 through 2018. Amounts appropriated pur- PROVISIONS.—Section 319L(e)(1)(C) of the Act (42 U.S.C. 247d–6b) is amended— suant to the preceding sentence are author- Public Health Service Act (42 U.S.C. 247d– (1) in subsection (a)—

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7292 CONGRESSIONAL RECORD — HOUSE December 19, 2012 (A) in paragraph (1)— thrax attacks that followed, the threat countermeasures require time, re- (i) by inserting ‘‘consistent with section of bioterrorism remains a very real sources, and research—all of which will 2811’’ before ‘‘by the Secretary to be appro- danger to the American people. Fortu- be provided under the legislation be- priate’’; and nately, we have spent the last decade fore us today. I’m pleased that the lan- (ii) by inserting before the period at the end of the second sentence the following: preparing for chemical, biological, ra- guage I supported during the com- ‘‘and shall submit such review annually to diological, and nuclear threats by de- mittee process was included, aimed at the appropriate congressional committees of veloping and stockpiling numerous increasing emphasis on regionalized jurisdiction to the extent that disclosure of medical countermeasures to protect trauma care systems. such information does not compromise na- Americans in the event of such an at- This bill is also very important to me tional security’’; and tack. As a result of these efforts, we because the University of Texas Med- (B) in paragraph (2)(D), by inserting before now have numerous vaccines and treat- ical Branch’s Galveston National Lab- the semicolon at the end the following: ‘‘and ments in the Strategic National Stock- oratory is in my backyard. The Gal- that the potential depletion of counter- measures currently in the stockpile is iden- pile that will save thousands of lives if veston National Lab is the only BSL–4 tified and appropriately addressed, including we are attacked. However, the work to lab located on a university campus. At through necessary replenishment’’; and protect Americans against bioter- the lab, scientists conduct research to (2) in subsection (f)(1), by striking rorism is not finished; and we must develop therapies, vaccines, and diag- ‘‘$640,000,000 for fiscal year 2002, and such pass this bill, or the future of Amer- nostic tests for naturally-occurring sums as may be necessary for each of fiscal ica’s public health preparedness infra- emerging diseases such as SARS and years 2003 through 2006. Such authorization structure will be in jeopardy. avian influenza, as well as for microbes is in addition to amounts in the special re- The Pandemic and All-Hazards Pre- that might be employed by terrorists. serve fund referred to in subsection (c)(10)(A).’’ and inserting ‘‘$533,800,000 for paredness Authorization Act, known as This is exactly the type of research we each of fiscal years 2013 through 2017. Such PAHPRA, is a fiscally responsible bill hope to encourage under the Pandemic authorization is in addition to amounts in that represents common ground be- and All-Hazards Preparedness Reau- the special reserve fund referred to in sub- tween the bipartisan House and Sen- thorization Act. section (h).’’. ate-passed preparedness bills. I would As an original cosponsor of the bill SEC. 404. NATIONAL BIODEFENSE SCIENCE like to take the opportunity to thank with Mr. ROGERS, I’m very pleased how BOARD. the bipartisan cosponsors, including quickly we moved this rare bipartisan Section 319M(a) of the Public Health Serv- Chairman UPTON and Ranking Member piece of legislation. I want to thank ice Act (42 U.S.C. 247d–f(a)) is amended— WAXMAN, as well as our great bipar- Mr. ROGERS, Chairman UPTON, Ranking (1) in paragraph (2)— Member WAXMAN, Ranking Member (A) in subparagraph (D)— tisan partners in the Senate for their (i) in clause (i), by striking ‘‘and’’ at the support in what has been a very pro- PALLONE, Mrs. MYRICK, Ms. ESHOO, and end; ductive process to ensure the health, Mr. MARKEY for their work on H.R. (ii) in clause (ii), by striking the period and preparedness of our States and hos- 6672. I strongly urge my colleagues to inserting a semicolon; and pitals for the next flu outbreak or pan- vote ‘‘yes’’ on this legislation. (iii) by adding at the end the following: demic. I reserve the balance of my time. ‘‘(iii) one such member shall be an indi- The bill will reauthorize critically Mr. ROGERS of Michigan. I yield 2 vidual with pediatric subject matter exper- important biodefense programs de- minutes to the distinguished chairman tise; and signed to promote the continued devel- and a great leader of this Congress, the ‘‘(iv) one such member shall be a State, chairman of the Energy and Commerce tribal, territorial, or local public health offi- opment of medical countermeasures cial.’’; and against threats and would strengthen Committee, the gentleman from Michi- (B) by adding at the end the following flush the Nation’s public health preparedness gan (Mr. UPTON). sentence: infrastructure. Reauthorizing these Mr. UPTON. I particularly want to ‘‘Nothing in this paragraph shall preclude a programs is essential to how the Na- thank Mr. ROGERS, who has helped member of the Board from satisfying two or tion would respond to a chemical, bio- shepherd this bill through our com- more of the requirements described in sub- logical, radiological, or nuclear attack. mittee. I appreciate the very hard work paragraph (D).’’; and PAHPRA will reauthorize critically of Chairman PITTS, Ranking Members (2) in paragraph (5)— WAXMAN and PALLONE, along with all (A) in subparagraph (B), by striking ‘‘and’’ important programs for 5 years at the at the end; fiscal year 2012 appropriated level. The the members of our committee to get (B) in subparagraph (C), by striking the pe- bill would not create a new program this bill done and to the floor this riod and inserting ‘‘; and’’; and nor increase the authorization for ap- afternoon. (C) by adding at the end the following: propriations for the existing program. Madam Speaker, this bill, the Pan- ‘‘(D) provide any recommendation, finding, H.R. 6672 would reauthorize and im- demic and All-Hazards Preparedness or report provided to the Secretary under prove certain provisions of Project Bio- Reauthorization Act of 2012, would re- this paragraph to the appropriate commit- shield and PAHPRA. Its passage, I authorize programs designed to encour- tees of Congress.’’. think, is important for the future of age the development of medical coun- The SPEAKER pro tempore. Pursu- our national security here at home. termeasures and improve the Nation’s ant to the rule, the gentleman from Madam Speaker, I reserve the bal- health infrastructure to help us re- Michigan (Mr. ROGERS) and the gen- ance of my time. spond to a terrorist attack. This bill is tleman from Texas (Mr. GENE GREEN) Mr. GENE GREEN of Texas. I yield very similar to H.R. 2405, the Pandemic each will control 20 minutes. myself such time as I may consume. and All-Hazards Preparedness Act of The Chair recognizes the gentleman I rise in strong support of the Pan- 2011, which passed the House last year. from Michigan. demic and All-Hazards Preparedness This bill, H.R. 6672, reflects common GENERAL LEAVE Reauthorization Act, which will reau- ground reached between the House and Mr. ROGERS of Michigan. Madam thorize certain provisions of the Senate through months and months of Speaker, I ask unanimous consent that Project Bioshield Act of 2004 and Pan- bipartisan negotiations. I’m hopeful all Members may have 5 legislative demic and All-Hazards Preparedness that the Congress, House and Senate, days in which to revise and extend Act of 2006. This legislation was passed will enact the bill this week so that we their remarks and insert extraneous by Congress to help the U.S. develop can ensure that our Nation is prepared materials in the RECORD on H.R. 6672. countermeasures against chemical, bi- for the unthinkable. The SPEAKER pro tempore. Is there ological, radiological, and nuclear ter- This bill reauthorizes the special re- objection to the request of the gen- rorism agents and to provide a mecha- serve fund, the Biodefense Advanced tleman from Michigan? nism for Federal acquisition of these Research and Development Authority, There was no objection. newly developed countermeasures. and public health preparedness pro- Mr. ROGERS of Michigan. Madam Our Nation remains vulnerable to grams, while eliminating duplicative Speaker, I yield myself such time as I these threats because many of these reports. It also clarifies that the As- may consume. vaccines and medicines that are needed sistant Secretary for Preparedness and Although it has been more than 10 to protect our citizens do not exist. De- Response is the leader of the Federal years since September 11 and the an- veloping and stockpiling these medical Government’s efforts on preparedness

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7293 and response. This clarification will this bill in such a bipartisan way. I The legislation before us today reau- help in removing duplication, improv- think we would not have advanced to thorizes programs and activities first ing coordination, and providing ac- this degree without her great help and established as part of the Public Health countability. assistance. Security and Bioterrorism Prepared- The bill also takes important steps With that, I would yield 3 minutes to ness and Response Act of 2002, the 2004 to foster medical countermeasure de- the gentleman from Texas (Mr. BUR- Project Bioshield Act, and the 2006 velopment by ensuring that the FDA’s GESS). Pandemic and All-Hazards Prepared- regulations of medical counter- Mr. BURGESS. I thank the gen- ness. measures are predictable, consistent, tleman for yielding. In the wake of 9/11, Congress placed a and, in fact, transparent. Finally, the I also want to start by thanking our high priority on biodefense. Congress bill would provide additional flexibility chairman, Chairman UPTON, Mr. WAX- first passed the Public Health Security for emergency distribution, stock- MAN, the ranking member, Mr. ROGERS, and Bioterrorism Preparedness and Re- piling, and use of medical counter- as well as our staff, Clay Alspach with sponse Act of 2002 to improve the Na- measures so the Nation is prepared for the majority staff, for all their help in tion’s ability to respond to acts of bio- whatever may happen. assuring that this bill, H.R. 6672, came logical terrorism. I would urge all of my colleagues to to the floor. In 2004, we passed the Project Bio- In an emergency we need all hands on support the bill. Again, I commend Re- shield Act with tremendous bipartisan deck. In the aftermath of an attack, publicans and Democrats for working support, and Democrats and Repub- natural disaster, or pandemic, we need together on a bill that really does need licans worked together to authorize to be assured that there is an adequate to get to the President’s desk. the development, procurement, and supply of countermeasures to meet our emergency use of medical counter- b 1250 Nation’s needs. This program has also measures for biological, chemical, radi- proven itself effective and deserves to Mr. PALLONE. Madam Speaker, I’d ological, and nuclear threats. like to yield such time as she may con- be reauthorized and strengthened, as We then identified some shortfalls, sume to the gentlewoman from Cali- this bill does. and in 2006 worked to amend and build Our Nation will never reach the surge fornia (Ms. ESHOO) and stress her in- upon the existing BioShield program capacity it needs without utilizing all volvement in this issue over the years. and Department of Health and Human personnel in our health care workforce. The SPEAKER pro tempore. Without Services authorities by passing The committee has worked with me to objection, the gentleman from New PAHPA. For example, PAHPA charged Jersey will control the time. ensure maximum capacity by cor- recting an oversight in the original law the Assistant Secretary for Prepared- There was no objection. ness and Response with the Depart- Ms. ESHOO. I thank the gentleman. and now clarifies that dentists and den- tal facilities have the opportunity to ment’s public health and medical re- Madam Speaker, it’s good to see you sponse. It required, a National Health in the chair. We’re all going to miss be included in the first responder framework by incorporating earlier Security Strategy to guide the Depart- you a great, great deal. ment’s preparedness and response ef- I rise today in support of the Pan- legislation, H.R. 570. Dentists are willing and trained to forts, reauthorize grants to improve demic and All-Hazards Preparedness support the medical and public health State and local public health and hos- Act’s reauthorization, legislation I response to a disaster, and this legisla- pital preparedness, and establish the first introduced in 2006 with Congress- tion allows States the option of incor- Biomedical Advance Research and De- man MIKE ROGERS to better help our porating dentists into their disaster re- velopment Authority to spur develop- country prepare for a chemical, bio- sponse framework. ment of medical countermeasures. logical, radiological, or nuclear attack. In addition, the legislation expands Together, BioShield and PAHPA rep- Developing and stockpiling appro- on a long-held priority for me by resent more comprehensive efforts to priate countermeasures is essential for strengthening our Nation’s commit- prepare for and respond to public public safety, and these programs en- ment to trauma care and its continued health emergencies, whether they’re courage American companies to invest necessity in the aftermath of a dis- naturally occurring events like the in areas of high critical need. aster. H1N1 outbreak, or those that are delib- The bill before us today includes new We’re fortunate to have the bill on erate, such as anthrax attacks. As a re- provisions that highlight the impor- the floor today to ensure that our na- sult of these bills and the investments tant needs of our Nation’s children. tional disaster response framework has that followed, our Nation is better Children are not just little adults; they the maximum available resources. I equipped to respond to public health need special care and special medical urge the Senate to take up this legisla- emergencies. attention. They’re especially vulner- tion. I’d just like to take a few moments, able to biological or chemical agents Mr. PALLONE. Madam Speaker, I Madam Speaker, to highlight ways because of their size, their limited ca- yield myself such time as I may con- that H.R. 6672 will continue the pacity to flush out toxins, their under- sume. progress we’ve made over the past dec- developed motor skills, and their total I’m pleased to rise in support of H.R. ade. reliance on their parents or other care- 6672, the Pandemic and All-Hazards First, the bill further facilitates the givers. Preparedness Reauthorization Act of development of medical counter- While the hope is that we will never 2012. This bill reflects bipartisan work measures through emphasizing medical need to use these countermeasures to that has taken place between the countermeasures advancement in the combat an attack on our country, I’m House and Senate over the last several National Health Security Strategy; re- proud that we’ve strengthened these months to resolve differences between quiring the development of a 5-year programs for everyone in our country, the House and Senate-passed PAHPA budget analysis of the countermeasure especially the children. reauthorization bills. enterprise; and calling for the develop- I’m pleased to see the Pandemic and We all know very well that our Na- ment of a countermeasure strategy and All-Hazards Preparedness Act voted on tion continues to face threats that re- implementation plan. today. I thank everyone that’s been in- quire an ongoing commitment to pub- Second, Madam Speaker, H.R. 6672 volved in this on a bipartisan basis in lic health and emergency preparedness. bolsters the Nation’s medical and pub- the spirit in which it was first intro- Just recently we experienced a dev- lic health preparedness and response duced when we introduced it in 2006, astating storm along the east coast— infrastructure, including through a and I look forward to seeing it signed Hurricane Sandy—that destroyed en- new authority that would allow States into law by the President of the United tire communities in coastal New Jer- to redeploy personnel funded through States. sey and New York, including areas Federal programs to the areas within Mr. ROGERS of Michigan. Madam within my district. The Federal Gov- their State where they’re most needed Speaker, I just want to say thank you ernment’s support, including through in the aftermath of a disaster. and congratulate my friend, ANNA programs authorized by PAHPA, was Third, it strengthens and clarifies ESHOO, for the work that she’s done on critical in the wake of this disaster. the position of Assistant Secretary for

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7294 CONGRESSIONAL RECORD — HOUSE December 19, 2012 Preparedness and Response as the lead rorism and emerging infectious diseases. It is measures Enterprise. Additionally, the ex- for HHS on emergency preparedness essential to our nation’s safety that this bill pansion of existing emergency use authoriza- and response and calls for streamlining is passed by the House and Senate before the tion authority will be critical to ensuring and better coordinating HHS prepared- end of the 112th Congress. that countermeasures for children are stock- As you know, the chemical, biological, ra- piled in advance of a disaster or emergency. ness grants with those of other depart- diological, and nuclear (CBRN) threat is real In particular, the Academy thanks you for ments. and growing. It is critical that the country including a provision that will require the Next, it places even greater emphasis continue ongoing efforts to develop, procure, Secretary of Health and Human Services to on the special needs of pediatric and and stockpile MCMs to both deter an attack establish a National Advisory Committee on other at-risk populations in preparing and protect our citizens should a bioter- Children and Disasters. With the termi- for and responding to public health rorism event occur. The Congressionally-es- nation of the National Commission on Chil- emergencies. tablished Commission on the Prevention of dren and Disasters, which helped focus atten- Finally, H.R. 6672 improves FDA’s Weapons of Mass Destruction Proliferation tion on gaps in disaster planning and deliv- and Terrorism 2008 report predicted that ‘‘it emergency response capabilities. It ered practical recommendations to the is more likely than not that a weapon of President and Congress, the National Advi- will enable FDA to authorize the dis- mass destruction will be used in a terrorist sory Committee on Children and Disasters tribution and use of medical counter- attack somewhere in the world by the end of will help ensure that important progress measures in preparation for an emer- 2013.’’ There is a limited commercial market made at various federal agencies, state and gency and to take actions during an for MCMs; consequently, without adequate local levels, and throughout the private sec- emergency that will allow for the most advanced development and stockpiling fund- tor continues. Importantly, the Advisory effective use of medical counter- ing, companies have neither the incentive Committee will bring together federal and measures. nor the ability to invest in these life-saving non-federal partners to provide guidance and therapies. I’d like to thank Congressman MIKE recommendations on our nation’s prepared- Reauthorization of PAHPA and Project ness to meet the needs of children before, ROGERS, Congressman GENE GREEN, BioShield is critical to ensuring the sustain- during and after all-hazards emergencies. It and their staff who authored the origi- ability of the MCM enterprise. We applaud is our hope that the Advisory Committee nal House legislation, H.R. 2405. I’d like the tireless work of you and your colleagues will comprehensively assess progress toward to recognize the contributions of Chair- on this important issue and urge that this fulfilling the recommendations of the Na- man UPTON, Chairman PITTS, Ranking measure is brought up for consideration in tional Commission on Children and Disas- the House and Senate without delay to en- Member WAXMAN, Congresswoman ters. The Academy looks forward to working sure that our nation remains prepared to ESHOO, and Congressman MARKEY, and with you and the Department of Health and face such threats. Human Services to establish the National their staff in strengthening the legisla- Respectfully submitted on behalf of the Al- tion as it moved through the com- Advisory Committee on Children and Disas- liance for Biosecurity. ters. mittee process and in discussions with MAUREEN DONAHUE HARDWICK, H.R. 6672 maintains the important role of the Senate. They have all worked in a Secretariat and Legal Counsel. the National Disaster Medical System bipartisan fashion over the past 11⁄2 (NDMS) while ensuring that the NDMS takes years to accomplish the goals of our AMERICAN ACADEMY OF PEDIATRICS, into account pediatric populations. It also December 18, 2012. Members and should be commended for ensures that the requirements for the Hos- Hon. MIKE ROGERS, pital Preparedness Program and the Public their work. House of Representatives, I also urge Members to join me in Health Emergency Preparedness Cooperative Washington, DC. Agreement Program have specific pediatric supporting passage of H.R. 6672. I’m DEAR CONGRESSMAN ROGERS: On behalf of performance measures. The AAP applauds the American Academy of Pediatrics (AAP), hopeful that our Senate colleagues will the requirement in the legislation that the a professional organization of 60,000 primary similarly support this bill’s passage so NBSB include an individual with pediatric care pediatricians, pediatric medical sub- we can get the bill to the President’s subject matter expertise. specialists, and pediatric surgical specialists desk. Thank you for your continued commit- dedicated to the health, safety, and well- Madam Speaker, I reserve the bal- ment to improving the health and well-being being of infants, children, adolescents, and of children. We look forward to working with ance of my time. young adults, I write to express our support you on passage of H.R. 6672. Mr. ROGERS of Michigan. Madam for H.R. 6672, the Pandemic and All-Hazards Sincerely, Speaker, at this time we have no fur- Preparedness Reauthorization Act of 2012. ther speakers, and I would continue to Representing twenty-five percent of the THOMAS K. MCINERNY, MD, FAAP, reserve the balance of my time. U.S. population, children are not little President. Mr. PALLONE. Madam Speaker, I’d adults. Their developing minds and bodies like to submit letters of support from place them at disproportionate risk during a BIOTECHNOLOGY the following organizations into the disaster situation. Children are particularly INDUSTRY ORGANIZATION, vulnerable to aerosolized biological or chem- December 18, 2012. RECORD: the Alliance for Biosecurity, ical agents because they breathe more times Hon. JOHN BOEHNER, the American Academy of Pediatrics, per minute than adults and they are more Speaker of the House, House of Representatives, the Biotechnology Industry Organiza- vulnerable to agents that act on or through The Capitol, Washington, DC. tion, or BIO, the Roundtable on Crit- the skin because their skin is thinner and Hon. NANCY PELOSI, ical Care Policy, and a joint letter they have a larger surface-to-mass ratio Minority Leader, House of Representatives, The from four public health organizations. than adults. Children need different dosages Capitol, Washington, DC. Those are the American Public Health of medicine than adults, not only because DEAR SPEAKER BOEHNER AND MINORITY Association, the Association of State they are smaller, but also because certain LEADER PELOSI: On behalf of the Bio- drugs and biologics may have different or un- technology Industry Organization (BIO), I and Territorial Health Officials, the anticipated effects on developing children. am writing with our support for H.R. 6672, National Association of County and From needles and tubing, to oxygen masks the Pandemic and All-Hazards Preparedness City Health Officials, and the Trust for and ventilators, to imaging and laboratory Reauthorization Act (PAHPRA) of 2012, spon- America’s Health. technology, children need medical equip- sored and championed by Chairman Mike I yield back the balance of my time. ment that has been specifically designed for Rogers (R–MI). ALLIANCE FOR BIOSECURITY, OFFICE their size and unique physiology. BIO represents more than 1,100 bio- OF THE SECRETARY AND LEGAL Numerous expert bodies including the Na- technology companies, academic institu- COUNSEL, tional Commission on Children and Disasters tions, state biotechnology centers and re- Washington, DC, December 17, 2012. and the National Biodefense Science Board lated organizations across the United States. Hon. MIKE ROGERS, (NBSB) have found that, with respect to BIO members are involved in the research Rayburn House Office Building, medical countermeasures (MCMs) for chil- and development of healthcare, agricultural, Washington, DC. dren, significant gaps remain in pediatric in- industrial and environmental biotechnology DEAR REPRESENTATIVE ROGERS: On behalf dications, dosages and formulations. H.R. products. Our members play a central role in of the Alliance for Biosecurity, I write in 6672 includes several important provisions ensuring the effective development of med- strong support of the Pandemic All-Hazards that will help advance the development of ical countermeasures (MCMs) to protect our Preparedness Reauthorization Act of 2012 MCMs for children by maximizing existing nation’s citizens against chemical, biologi- (H.R. 6672). The Alliance for Biosecurity is a pediatric drug testing laws, increasing pedi- cal, radiological and nuclear threats, wheth- collaboration of pharmaceutical and bio- atric expertise at federal agencies involved er naturally occurring or man-made. technology companies working to develop in MCM development and procurement, and We strongly support the simultaneous re- medical countermeasures (MCMs) to prevent prioritizing children within the existing Pub- authorization of Project BioShield and the and treat diseases associated with bioter- lic Health Emergency Medical Counter- Special Reserve Fund (SRF) with PAHPRA.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7295 Because the government represents the sole ture, and addressing the needs of the criti- federal partners to provide guidance and rec- marketplace for the vast majority of MCMs, cally ill and injured in the event of a major ommendations on medical and public health the funding available through the SRF is public health crisis. preparedness for children before, during and vital for private companies, considering the We applaud the U.S. House of Representa- after a disaster or public health emergency. high cost and significant time commitment tives under your leadership for working to The bill takes significant steps to consider associated with the development and manu- improve our federal disaster preparedness ef- the particular needs of pediatric populations facture of these products. We also support forts, and ensuring the prioritization of crit- in Medical Countermeasure (MCM) research the bill’s provisions clarifying the regulatory ical care within PAHPRA. and development. The bill also calls for con- process at the U.S. Food and Drug Adminis- Sincerely, sideration of the needs of children, as an at- tration (FDA) for MCMs, as these provisions STEPHANIE SILVERMAN, risk population, in the Public Health Emer- will help accelerate MCM development and President. gency Medical Countermeasures Enterprise approval, improving the nation’s prepared- Strategy and Implementation Plan, PHEP, ness. DECEMBER 18, 2012. HPP, and Medical Reserve Corps. We thank you for moving the legislation Hon. JOHN BOEHNER, Enhancing Situational Awareness and Bio- forward in the House, and we look forward to Speaker of the House, U.S. Capitol, Wash- surveillance (Section 204): The bill calls for working with you, Chairman Rogers, Con- ington, DC. planning and integration of the current bio- gressman Gene Green, and the Senate to en- Hon. NANCY PELOSI, surveillance systems to strengthen the na- sure that H.R. 6672 is ultimately enacted into House Minority Leader, U.S. Capitol, Wash- tion’s bioterrorism and disease outbreak re- law this year. Thank you. ington, DC. sponse capabilities. The bill also requires co- Sincerely, DEAR SPEAKER BOEHNER AND MINORITY ordination with the National Biodefense JAMES C. GREENWOOD, LEADER PELOSI: On behalf of the undersigned Science Board. HHS is required to provide a President & CEO. organizations, dedicated to protecting the report to Congress on their implementation public health of our nation, we write to ex- plans and progress. Individuals with Disabilities (Section 101): THE ROUNDTABLE press our support for the Pandemic and All- The bill calls for the consideration of the ON CRITICAL CARE POLICY, Hazards Preparedness Reauthorization Act Washington, DC, December 18, 2012. of 2012 (PAHPRA/H.R. 6672) before the House needs individuals with disabilities in the Na- tional Health Security Strategy. Hon. JOHN BOEHNER, of Representatives this week. We thank you Thank you again for your work to reau- Speaker of the House, House of Representatives, for your leadership on this legislation that is thorize this important legislation. We look U.S. Capitol, Washington, DC. critical to the safety of our nation. forward to working with you and your staff Hon. NANCY PELOSI, PAHPRA is vital to state and local health to move this bill to the President’s desk. Minority Leader, House of Representatives, U.S. and other public health practitioners who Sincerely, Capitol, Washington, DC. are a critical part of any community’s first GEORGES C. BENJAMIN, MD, DEAR SPEAKER BOEHNER AND MINORITY response to disease outbreaks, emergencies, FACP, FACEP, (E) LEADER PELOSI: The Roundtable on Critical and acts of terrorism. The following provi- Executive Director, Care Policy strongly supports the Pandemic sions in particular are essential to keeping American Public and All-Hazards Preparedness Reauthoriza- communities healthy and safe: Health Association. tion Act (PAHPRA) of 2012 and urges the Temporary Redeployment of Federally PAUL E. JARRIS, MD, MBA, House of Representatives to swiftly pass this Funded Personnel During a Public Health Executive Director, As- vital legislation that will improve America’s Emergency (Section 201): The provision al- sociation of State public health, medical preparedness and re- lows states and tribes to request from the and Territorial sponse capabilities, and enhance the nation’s Department of Health and Human Services Health Officials. ability to care for the critically ill and in- (HHS) the authority to temporarily reassign ROBERT M. PESTRONK, jured in the aftermath of a public health public health personnel from other HHS- MPH, emergency. funded grant programs to respond to a major In particular, our organization strongly emergency. The authority would allow state Executive Director, supports the Roundtable-endorsed provisions and local governments to meet the tremen- National Association included in the House and Senate negotiated dous staffing needs required by a disaster. of County and City version of PAHPRA that would prioritize Reauthorization of the Public Health and Health Officials. critical care within the National Health Se- Emergency Preparedness Grants (PHEP) JEFF LEVI, PHD, curity Strategy (NHSS). More specifically, (Section 202): The PHEP cooperative agree- Executive Director, these provisions would, for the first time, ment program provides funding to local and Trust For America’s add care for critically ill patients in our na- state public health departments to strength- Health. tion’s intensive care units (ICU) to the fed- en their capacity and capability to effec- b 1300 eral government’s medical preparedness and tively respond to public health emergencies surge capacity goals, thereby ensuring that including terrorist threats, infectious dis- Mr. ROGERS of Michigan. Madam critical care is included in federal, state and ease outbreaks, natural disasters, and bio- Speaker, there are many things that local planning efforts to increase prepared- logical, chemical, nuclear, and radiological keep me awake at night as the chair- ness for public health emergencies. This re- emergencies. State and local health depart- man of the House Permanent Select authorization would require the inclusion of ments work with federal government offi- Committee on Intelligence. The grow- medical surge capacity in the periodic eval- cials, law enforcement, emergency manage- ing threat from chemical, biological, uation of the nation’s preparedness capabili- ment, health care, business, education, and radiological, and nuclear attacks not ties, enabling an efficient and effective med- religious groups to plan, train, and prepare only abroad but here is of growing con- ical response during an emergency. for emergencies so that when disaster cern. Instability in governments that The Roundtable also commends the inclu- strikes, communities are prepared. sion of language in the NHSS that requires Reauthorization of the Hospital Prepared- possess these materials, an increasing coordinated medical triage and evacuation ness Program (HPP) (Section 203): HPP pro- interest from those who would choose to appropriate medical institutions during a vides funding to state and local health de- to do harm to the United States, desire public health emergency, which supports the partments to enhance hospital preparedness to get their hands on these materials Roundtable’s past calls for increased plan- and improve overall surge capacity in the means that we must prepare ourselves ning for patient evacuation in hospitals—in- case of public health emergencies. The pre- here at home for the unfortunate, I cluding ICUs. paredness activities carried out under this think unlikely certainly in the short When our nation is faced with a health program strengthen the capabilities of hos- term, but possible position of being at- emergency, the critical care delivery system pitals throughout the country to respond to is an integral component of our nation’s floods, hurricanes, or wildfires, and also in- tacked with these disturbing weapons medical response. Yet, despite the fact that clude training for a potential influenza pan- systems. This is that important step to Americans depend on this delivery system to demic or terrorist attack. protect Americans by increasing our care for our most critically ill and injured— Carryover of Grant Use, Coordination (Sec- stockpiles, and I would urge its pas- a system whose capacity is truly put to the tion 202 and 203): The bill updates the pre- sage. test and often stretched to its limits in the paredness grant programs at HHS giving With that, Madam Speaker, I yield event of a widespread health emergency— grantees limited ability to carry over funds back the balance of my time. critical care medicine has not been given encouraging flexibility and efficiency. The Mr. WAXMAN. Madam Speaker, I rise in sufficient consideration in our disaster pre- provisions promote long-term planning cur- support of H.R. 6672, the Pandemic and All- paredness efforts, until now. rently impossible in an unpredictable fiscal The Roundtable believes that the inclusion environment. Hazards Preparedness Reauthorization Act of of these provisions in the Pandemic and All- Children’s Preparedness (Sections 103, 307 2012, and urge my colleagues to support this Hazards Preparedness Reauthorization Act and throughout): The bill establishes the Na- bill as well. of 2012 will go a long way towards strength- tional Advisory Committee on Children and Madam Speaker, this legislation has been a ening the nation’s critical care infrastruc- Disasters to bring together federal and non- long time coming. The House version of the

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7296 CONGRESSIONAL RECORD — HOUSE December 19, 2012 bill passed this body over one year ago; the Ranking Member—Congressman Pallone— 1440) to reduce preterm labor and deliv- Senate version was adopted in March of this have been deeply involved. I want to thank ery and the risk of pregnancy-related year. Since that time we have been engaged them and their staff for all the long and incred- deaths and complications due to preg- in a lengthy, but extremely productive process ibly hard work they have put into this legisla- nancy, and to reduce infant mortality with our Senate colleagues and their staff to tion and to the process of getting us here caused by prematurity, as amended. come together to bridge the differences be- today. The Clerk read the title of the bill. tween the two bills. H.R. 6672 is the product I urge my colleagues to vote in favor of H.R. The text of the amendments is as fol- of that effort. It is our hope that the Senate will 6672. lows: pass the bill as soon as possible after the Mr. PAULSEN. Madam Speaker, I rise in Amendments: House acts on the legislation today, allowing strong support of the Pandemic and All-Haz- Strike out all after the enacting clause and the critical work authorized under the legisla- ards Preparedness Reauthorization Act of insert: tion to continue. 2012. This legislation will bolster the nation’s SECTION 1. SHORT TITLE. Toward that end, H.R. 6672 reauthorizes public health preparedness infrastructure and This Act may be cited as the ‘‘Prematurity Re- search Expansion and Education for Mothers and makes minor—but important—improve- ensure the reauthorization of programs that who deliver Infants Early Reauthorization Act’’ ments to various programs and activities first provide key resources to states, health depart- or the ‘‘PREEMIE Reauthorization Act’’. established in the 2004 Project Bioshield Act ments and hospitals. SEC. 2. TABLE OF CONTENTS. and the 2006 Pandemic and All-Hazards Pre- I am particularly pleased that the final legis- The table of contents of this Act is as follows: paredness Act, or as it is commonly referred lation contains key provisions that enhance Sec. 1. Short title. to, ‘‘PAHPA.’’ These programs and activities the nation’s ability to care for the critically ill Sec. 2. Table of contents. are key in helping to ensure that our Nation is and injured in the aftermath of a public health TITLE I—PREMATURITY RESEARCH EX- well prepared to successfully manage the ef- emergency. For the first time, the federal gov- PANSION AND EDUCATION FOR MOTH- fects of natural disasters, infectious disease ernment will be required to prioritize the critical ERS WHO DELIVER INFANTS EARLY outbreaks, and acts of bioterrorism. care system in its emergency and disaster Sec. 101. Research and activities at the Centers H.R. 6672 includes dozens of changes to planning efforts. Furthermore, the bill requires for Disease Control and Preven- these underlying authorities. Let me highlight additional planning regarding evacuation of tion. just three provisions that deserve special at- patients. Sec. 102. Activities at the Health Resources and Services Administration. tention: Last year, I introduced legislation with my Sec. 103. Other activities. The bill targets the Food and Drug Adminis- colleague from Wisconsin, Congresswoman tration, FDA, to ensure that it focuses on med- TITLE II—NATIONAL PEDIATRIC BALDWIN to ensure that the nation’s critical RESEARCH NETWORK ical countermeasures—that is, products de- care system is structured to provide the high- Sec. 201. National Pediatric Research Network. signed to combat chemical, biological, radio- est quality and most efficient health care. This active, and nuclear agents—of the highest im- TITLE III—CHILDREN’S HOSPITAL GME legislation is designed to determine inefficien- SUPPORT REAUTHORIZATION portance. It requires FDA to work with industry cies in the current system and bolster capabili- Sec. 301. Program of payments to children’s on industry-submitted regulatory management ties to meet future demands—including im- hospitals that operate graduate plans for prioritized countermeasures to facili- proving federal disaster preparedness efforts medical education programs. tate scientific exchanges between the FDA to care for the critically ill or injured. TITLE I—PREMATURITY RESEARCH EX- and countermeasure product sponsors to A key aspect of this bill was to put in place PANSION AND EDUCATION FOR MOTH- streamline our ability to make these products measures to ensure there are sufficient num- ERS WHO DELIVER INFANTS EARLY available. Just last Friday, FDA approved the bers of critical care providers to respond in a SEC. 101. RESEARCH AND ACTIVITIES AT THE first drug developed and procured under medical crisis, develop best practices for the CENTERS FOR DISEASE CONTROL Project BioShield. Raxibacumab is approved safe evacuation of ICU patients, and enhance AND PREVENTION. for use together with antibiotics to treat an- the current databases that provide necessary (a) EPIDEMIOLOGICAL STUDIES.—Section 3 of thrax in children and adults. The FDA provi- the Prematurity Research Expansion and Edu- resource information in the aftermath of a dis- cation for Mothers who deliver Infants Early sions in H.R. 6672—together with the renewed aster. I’m happy to report that these important Act (42 U.S.C. 247b–4f) is amended by striking emphasis in our countermeasure enterprise provisions are all reflected in today’s bill. subsection (b) and inserting the following: through other provisions in this legislation—will Today’s bill recognizes that critical care ‘‘(b) STUDIES AND ACTIVITIES ON PRETERM make it possible for even more drugs and de- services play an important role in our medical BIRTH.— vices to move from early development to pro- response system and provides an opportunity ‘‘(1) IN GENERAL.—The Secretary of Health curement. to build more prepared and resilient commu- and Human Services, acting through the Direc- The legislation also makes improvements to nities that are able to respond and contain the tor of the Centers for Disease Control and Pre- the Nation’s blueprint for public health pre- vention, may, subject to the availability of ap- impact of a public health emergency. I urge its propriations— paredness and response activities that will en- passage. ‘‘(A) conduct epidemiological studies on the hance the ability of our diverse health care The SPEAKER pro tempore. The clinical, biological, social, environmental, ge- system to respond to mass casualty emer- question is on the motion offered by netic, and behavioral factors relating to pre- gencies. Among such improvements are clari- the gentleman from Michigan (Mr. maturity, as appropriate; fying the role of the Assistant Secretary of ROGERS) that the House suspend the ‘‘(B) conduct activities to improve national Preparedness and Response as the lead of- rules and pass the bill, H.R. 6672. data to facilitate tracking the burden of preterm fice within the Department of Health and birth; and The question was taken. ‘‘(C) continue efforts to prevent preterm birth, Human Services, HHS, for emergency pre- The SPEAKER pro tempore. In the including late preterm birth, through the identi- paredness and response. H.R. 6672 also es- opinion of the Chair, two-thirds being fication of opportunities for prevention and the tablishes a new authority to permit the HHS in the affirmative, the ayes have it. assessment of the impact of such efforts. Secretary to approve a request of a state, ter- Mr. ROGERS of Michigan. Madam ‘‘(2) REPORT.—Not later than 2 years after the ritory, or an Indian tribe to redeploy certain Speaker, on that I demand the yeas date of enactment of the PREEMIE Reauthor- federally-supported employees during the time and nays. ization Act, and every 2 years thereafter, the of a national emergency to geographic areas The yeas and nays were ordered. Secretary of Health and Human Services, acting The SPEAKER pro tempore. Pursu- through the Director of the Centers for Disease where such employees are needed most. Control and Prevention, shall submit to the ap- In addition, H.R. 6672 continues support for ant to clause 8 of rule XX, further pro- propriate committees of Congress reports con- investments in State and local public health ceedings on this question will be post- cerning the progress and any results of studies departments. Such investments are necessary poned. conducted under paragraph (1).’’. to make certain that we have the requisite f (b) REAUTHORIZATION.—Section 3(e) of the public health infrastructure in place to respond Prematurity Research Expansion and Education immediately and appropriately to any public PREMATURITY RESEARCH EXPAN- for Mothers who deliver Infants Early Act (42 health threat that may arise. SION AND EDUCATION FOR U.S.C. 247b–4f(e)) is amended by striking ‘‘2011’’ This legislation reflects the effort of a num- MOTHERS WHO DELIVER IN- and inserting ‘‘2017’’. ber of members—Democrats and Republicans FANTS EARLY REAUTHORIZA- SEC. 102. ACTIVITIES AT THE HEALTH RE- TION ACT SOURCES AND SERVICES ADMINIS- alike. On our side of the aisle Congressman TRATION. GREEN, Congresswoman ESHOO, Congress- Mr. PITTS. Mr. Speaker, I move to (a) TELEMEDICINE AND HIGH-RISK PREG- man MARKEY, and our Health Subcommittee suspend the rules and pass the bill (S. NANCIES.—Section 330I(i)(1)(B) of the Public

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7297 Health Service Act (42 U.S.C. 254c–14(i)(1)(B)) is able the plan to provide informed recommenda- than 8 pediatric research consortia, with a min- amended by striking ‘‘or case management serv- tions to reduce preterm birth and address racial imum of one pediatric research consortium that ices’’ and inserting ‘‘case management services, and ethnic disparities in preterm birth rates; prioritizes collaboration with institutions serv- or prenatal care for high-risk pregnancies’’; (B) identify research gaps and opportunities ing rural areas. (b) PUBLIC AND HEALTH CARE PROVIDER EDU- to implement evidence-based strategies to reduce ‘‘(ii) EXCEPTION.—Notwithstanding clause (i), CATION.—Section 399Q of the Public Health preterm birth rates among the programs and ac- the Director of NIH may make awards under Service Act (42 U.S.C. 280g–5) is amended— tivities of the Department of Health and Human this paragraph for more than 8 pediatric re- (1) in subsection (b)— Services regarding preterm birth, including op- search consortia based on a finding of need by (A) in paragraph (1), by striking subpara- portunities to minimize duplication; and the Director. Before making any award pursu- graphs (A) through (F) and inserting the fol- (C) reflect input from a broad range of sci- ant to the preceding sentence, the Director of lowing: entists, patients, and advocacy groups, as ap- NIH shall give written notice to the Congress of ‘‘(A) the core risk factors for preterm labor propriate. the Director’s intent to make the award and and delivery; (4) MEMBERSHIP.—The Secretary shall ensure shall include in the notice an explanation of the ‘‘(B) medically indicated deliveries before full that the membership of the Advisory Committee Director’s finding of need. term; includes the following: ‘‘(D) ORGANIZATION OF CONSORTIUM.—Each ‘‘(C) the importance of preconception and pre- (A) Representatives provided for in the origi- consortium receiving an award under subpara- natal care, including— nal charter of the Advisory Committee. graph (A) shall— ‘‘(i) smoking cessation; (B) A representative of the National Center ‘‘(i) be formed from a collaboration of cooper- ‘‘(ii) weight maintenance and good nutrition, for Health Statistics. ating institutions; including folic acid; (c) PATIENT SAFETY STUDIES AND REPORT.— ‘‘(ii) be coordinated by a lead institution; ‘‘(iii) the screening for and the treatment of (1) IN GENERAL.—The Secretary shall des- ‘‘(iii) agree to disseminate scientific findings infections; and ignate an appropriate agency within the De- rapidly and efficiently; and ‘‘(iv) stress management; partment of Health and Human Services to co- ‘‘(iv) meet such requirements as may be pre- ‘‘(D) treatments and outcomes for premature ordinate existing studies on hospital readmis- scribed by the Director of NIH. infants, including late preterm infants; sions of preterm infants. ‘‘(E) SUPPLEMENT, NOT SUPPLANT.—Any sup- ‘‘(E) the informational needs of families dur- (2) REPORT TO SECRETARY AND CONGRESS.— port received by a consortium under subpara- ing the stay of an infant in a neonatal intensive Not later than 1 year after the date of the enact- graph (A) shall be used to supplement, and not care unit; and ment of this Act, the agency designated under supplant, other public or private support for ac- ‘‘(F) utilization of evidence-based strategies to paragraph (1) shall submit to the Secretary and tivities authorized to be supported under this prevent birth injuries;’’; and to Congress a report containing the findings and paragraph. (B) by striking paragraph (2) and inserting recommendations resulting from the studies co- ‘‘(F) DURATION OF CONSORTIUM SUPPORT.— the following: ordinated under such paragraph, including rec- Support of a consortium under subparagraph ‘‘(2) programs to increase the availability, ommendations for hospital discharge and fol- (A) may be for a period of not to exceed 5 years. awareness, and use of pregnancy and post-term lowup procedures designed to reduce rates of Such period may be extended at the discretion of information services that provide evidence- preventable hospital readmissions for preterm the Director of NIH. ‘‘(3) COORDINATION OF CONSORTIA ACTIVI- based, clinical information through counselors, infants. TIES.—The Director of NIH shall— community outreach efforts, electronic or tele- TITLE II—NATIONAL PEDIATRIC ‘‘(A) as appropriate, provide for the coordina- phonic communication, or other appropriate RESEARCH NETWORK tion of activities (including the exchange of in- means regarding causes associated with pre- SEC. 201. NATIONAL PEDIATRIC RESEARCH NET- formation and regular communication) among maturity, birth defects, or health risks to a post- WORK. the consortia established pursuant to paragraph term infant;’’; and Section 409D of the Public Health Service Act (2); and (2) in subsection (c), by striking ‘‘2011’’ and (42 U.S.C. 284h; relating to the Pediatric Re- ‘‘(B) as appropriate, require the periodic prep- inserting ‘‘2017’’. search Initiative) is amended— aration and submission to the Director of re- (1) by redesignating subsection (d) as sub- SEC. 103. OTHER ACTIVITIES. ports on the activities of each such consortium. section (f); and (a) INTERAGENCY COORDINATING COUNCIL ON ‘‘(4) ASSISTANCE WITH REGISTRIES.—Each con- (2) by inserting after subsection (c) the fol- PREMATURITY AND LOW BIRTHWEIGHT.—The sortium receiving an award under paragraph lowing: Prematurity Research Expansion and Education (2)(A) shall provide assistance to the Centers for ‘‘(d) NATIONAL PEDIATRIC RESEARCH NET- for Mothers who deliver Infants Early Act is Disease Control and Prevention in the establish- WORK.— amended by striking section 5 (42 U.S.C. 247b– ‘‘(1) NETWORK.—In carrying out the Initia- ment or expansion of patient registries and 4g). tive, the Director of NIH, in consultation with other surveillance systems as appropriate and (b) ADVISORY COMMITTEE ON INFANT MOR- the Director of the Eunice Kennedy Shriver Na- upon request by the Director of the Centers. TALITY.— tional Institute of Child Health and Human De- ‘‘(e) RESEARCH ON PEDIATRIC RARE DISEASES (1) ESTABLISHMENT.—The Secretary of Health velopment and in collaboration with other ap- OR CONDITIONS.—In making awards under sub- and Human Services (referred to in this section propriate national research institutes and na- section (d)(2) for pediatric research consortia, as the ‘‘Secretary’’) may establish an advisory tional centers that carry out activities involving the Director of NIH shall ensure that an appro- committee known as the ‘‘Advisory Committee pediatric research, may provide for the estab- priate number of such awards are awarded to on Infant Mortality’’ (referred to in this section lishment of a National Pediatric Research Net- such consortia that agree to— as the ‘‘Advisory Committee’’). ‘‘(1) focus primarily on pediatric rare diseases work consisting of the pediatric research con- (2) DUTIES.—The Advisory Committee shall or conditions (including any such diseases or sortia receiving awards under paragraph (2). provide advice and recommendations to the Sec- conditions that are genetic disorders or are re- ‘‘(2) PEDIATRIC RESEARCH CONSORTIA.— retary concerning the following activities: ‘‘(A) IN GENERAL.—The Director of NIH may lated to birth defects); and (A) Programs of the Department of Health award funding, including through grants, con- ‘‘(2) conduct or coordinate one or more and Human Services that are directed at reduc- tracts, or other mechanisms, to public or private multisite clinical trials of therapies for, or ap- ing infant mortality and improving the health nonprofit entities— proaches to, the prevention, diagnosis, or treat- status of pregnant women and infants. ‘‘(i) for establishing or strengthening pediatric ment of one or more pediatric rare diseases or (B) Strategies to coordinate the various Fed- research consortia; and conditions.’’. eral programs and activities with State, local, ‘‘(ii) for providing support for such consortia, TITLE III—CHILDREN’S HOSPITAL GME and private programs and efforts that address including with respect to— SUPPORT REAUTHORIZATION factors that affect infant mortality. ‘‘(I) basic, clinical, behavioral, or SEC. 301. PROGRAM OF PAYMENTS TO CHIL- (C) Implementation of the Healthy Start pro- translational research to meet unmet pediatric DREN’S HOSPITALS THAT OPERATE gram under section 330H of the Public Health research needs; and GRADUATE MEDICAL EDUCATION Service Act (42 U.S.C. 254c–8) and Healthy Peo- ‘‘(II) training researchers in pediatric re- PROGRAMS. ple 2020 infant mortality objectives. search techniques in order to address unmet pe- (a) IN GENERAL.—Section 340E of the Public (D) Strategies to reduce preterm birth rates diatric research needs. Health Service Act (42 U.S.C. 256e) is amended— through research, programs, and education. ‘‘(B) RESEARCH.—The Director of NIH may (1) in subsection (a), by striking ‘‘through (3) PLAN FOR HHS PRETERM BIRTH ACTIVI- ensure that— 2005 and each of fiscal years 2007 through 2011’’ TIES.—Not later than 1 year after the date of en- ‘‘(i) each consortium receiving an award and inserting ‘‘through 2005, each of fiscal years actment of this section, the Advisory Committee under subparagraph (A) conducts or supports at 2007 through 2011, and each of fiscal years 2013 (or an existing advisory committee designated by least one category of research described in sub- through 2017’’; the Secretary) shall develop a plan for con- paragraph (A)(ii)(I) and collectively such con- (2) in subsection (f)(1)(A)(iv), by inserting ducting and supporting research, education, sortia conduct or support all such categories of ‘‘and each of fiscal years 2013 through 2017’’ and programs on preterm birth through the De- research; and after ‘‘2011’’; and partment of Health and Human Services and ‘‘(ii) one or more such consortia provide train- (3) in subsection (f)(2)(D), by inserting ‘‘and shall periodically review and revise the plan, as ing described in subparagraph (A)(ii)(II). each of fiscal years 2013 through 2017’’ after appropriate. The plan shall— ‘‘(C) NUMBER OF CONSORTIA.— ‘‘2011’’. (A) examine research and educational activi- ‘‘(i) IN GENERAL.—The Director of NIH may (b) REPORT TO CONGRESS.—Section ties that receive Federal funding in order to en- make awards under this paragraph for not more 340E(b)(3)(D) of the Public Health Service Act

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 6333 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7298 CONGRESSIONAL RECORD — HOUSE December 19, 2012 (42 U.S.C. 256e(b)(3)(D)) is amended by striking clined by 13 percent. Now the program search Network Act of 2012 and allows ‘‘Not later than the end of fiscal year 2011’’ and has enabled children’s hospitals to in- the National Institutes of Health to es- inserting ‘‘Not later than the end of fiscal year crease their training programs by 35 tablish a national pediatric research 2016’’. percent. network comprised of up to eight pedi- Amend the title so as to read: ‘‘An Act to re- In my home State of Pennsylvania, duce preterm labor and delivery and the risk of atric research consortia, or groups of pregnancy-related deaths and complications due three premier children’s hospitals, collaborating institutions. The con- to pregnancy; to reduce infant mortality caused Children’s Hospital of Pittsburgh, St. sortia will conduct basic clinical, be- by prematurity; to provide for a National Pedi- Christopher’s Hospital for Children, havioral, and translational research on atric Research Network, including with respect and Children’s Hospital of Philadelphia pediatric diseases and conditions. to pediatric rare diseases or conditions; and to receive CHGME funds that support and Among the eight consortia, the NIH reauthorize support for graduate medical edu- ensure world-renowned health care for Director will ensure that an appro- cation programs in children’s hospitals.’’. children. priate number of awards go to con- The SPEAKER pro tempore (Mr. CHGME is a significant achievement sortia that focus primarily on pediatric WESTMORELAND). Pursuant to the rule, in pediatric health care in Pennsyl- rare diseases, such as spinal muscular the gentleman from Pennsylvania (Mr. vania and across the country. Despite atrophy or birth defects such as Down PITTS) and the gentleman from New these gains, shortages still exist, and syndrome. There are many rare pedi- Jersey (Mr. PALLONE) each will control the future of the pediatric workforce atric diseases, and in some of these dis- 20 minutes. relies on the continuation of CHGME. eases, the children are incredibly frag- The Chair recognizes the gentleman I commend the leadership on both ile. If we can allow for research to from Pennsylvania. sides of the aisle and in the committee occur across the country, not just one GENERAL LEAVE for their leadership on this. These pro- single location, research can be done at grams enjoy bipartisan support, and I Mr. PITTS. Mr. Speaker, I ask unani- a larger level because children could urge my colleagues to support S. 1440. mous consent that all Members may then participate without having to have 5 legislative days in which to re- I reserve the balance of my time. Mr. PALLONE. Madam Speaker, I travel. vise and extend their remarks and in- Additionally, we all know too well sert extraneous materials into the yield myself such time as I may con- sume. that, traditionally, pediatric research RECORD on S. 1440. has been underfunded. That can make The SPEAKER pro tempore. Is there I am pleased to rise in support of S. 1440, as amended. The legislation before it hard to train and develop the re- objection to the request of the gen- search talent needed to address these tleman from Pennsylvania? us extends two existing programs and creates one new initiative, all activi- devastating illnesses. The consortia There was no objection. can therefore be the training grounds Mr. PITTS. Mr. Speaker, I yield my- ties that impact children’s health. The first title of the legislation reau- for future researchers, helping to fill self such time as I may consume. thorizes the Prematurity Research Ex- the pediatric pipeline. Mr. Speaker, S. 1440, the Prematurity pansion and Education for Mothers Finally, the third title, Madam Research Expansion and Education for who deliver Infants Early, or Speaker, of the amendment to S. 1440 Mothers who deliver Infants Early Re- PREEMIE, Act through fiscal year reauthorizes the Children’s Hospitals authorization, or the ‘‘PREEMIE’’ Re- 2017. The PREEMIE Act was signed Graduate Medical Education, or authorization Act, would take impor- into law in 2006, and I was proud to be CHGME, program through fiscal year tant steps to protect and improve chil- a cosponsor of the original House legis- 2017. The legislation maintains the cur- dren’s health. The bill includes three lation. rent authorization level and will sup- important programs: the PREEMIE Re- S. 1440, as amended, calls for further port the work of 56 children’s hospitals authorization Act, the National Pedi- studies on factors related to pre- training over 5,000 pediatric residents atric Research Network, and the Chil- maturity, improved data on the na- in 30 States. dren’s Hospitals Graduate Medical Edu- tional burden of preterm birth, contin- The CHGME program was first estab- cation Reauthorization. ued preterm birth prevention efforts, lished in 1999, following declines in pe- The PREEMIE Reauthorization Act and strengthened public and health diatric training programs that threat- addresses one of the leading causes of provider education on risk factors for ened the stability of the pediatric neonatal death and a major cause of preterm delivery and treatments and workforce. childhood disabilities: preterm birth. outcomes for preterm infants. The leg- b 1310 Since its passage in 2006, the PREEMIE islation also codifies an advisory com- Act has sponsored important research mittee to the Secretary of Health and Like any parent knows, it’s impor- that has led to improved prevention Human Services on infant mortality tant to have a trusted health provider and care of children born too early. Re- and directs the Secretary to coordinate to turn to when your child is sick or authorization will mean the continu- existing quality studies on hospital re- hurt. In Congress, on a bipartisan ation of the program that will lead to admissions and preterm infants. basis, we recognize that if we didn’t even better outcomes for children. Since the enactment of the create and fund programs to train pedi- The National Pediatric Research Net- PREEMIE Act, we’ve seen the preterm atricians, there wouldn’t be anyone left work is a proven way to support pedi- birth rate decline to its present level of to care for our kids. atric research by coordinating multi- just under 12 percent, the lowest rate Since its inception, the CHGME pro- centered research activities, including we’ve seen since the late nineties. The gram has been a success story, sup- those in rural areas. By working in good news is there’s been progress in porting children’s hospitals and their teams, innovative research improves better understanding the causes of pre- work to train future generations of our especially for diseases that are rare or mature births and promoting interven- pediatric workforce, including pedi- affect a small population of children. tions that work. On the other hand, atric subspecialists in very short sup- Most of the approximately 7,000 rare however, we still don’t know the causes ply. Representing only 1 percent of all diseases are pediatric and often ge- of premature birth in up to 40 percent hospitals, the small number of chil- netic, and doctors do not have suffi- of cases. And then there’s the cost to dren’s hospitals that participate in the cient therapies to treat them. This bill the health care system of premature program train approximately 40 per- will help alleviate that problem. births—more than $26 billion each cent of all pediatricians and nearly The Children’s Hospital Graduate year—not to mention the increased half of all pediatric specialists. That’s Medical Education Reauthorization risks of serious disability and death for why continuing this critical program would enable the Department of Health newborns and the tremendous toll pre- will have a major impact on access to and Human Services to provide funding maturity takes on their families. And primary care and specialty care for to freestanding children’s hospitals to that’s precisely why the goals of the kids. support the training of pediatricians PREEMIE Act remain just as salient as Reauthorizing this program, Madam and other residents. Prior to the enact- they were 6 years ago. Speaker, was one of my top health pri- ment of CHGME, the number of resi- The second title is similar to the orities of the year, and I want to thank dents in children’s hospitals had de- House-passed National Pediatric Re- Chairman JOE PITTS, the chairman of

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7299 our Health Subcommittee, for working at your heartstrings. This is something which will build upon the momentum with me on this bill. Together with his that is hugely important. of the original law and provide us with help and leadership, we were able to The SPEAKER pro tempore. The new tools and knowledge to improve move this bill through our committee time of the gentleman has expired. the lives and health of America’s moth- and to the House floor last year. I’m Mr. PITTS. I yield an additional 30 ers and children. hopeful that reauthorization of the seconds to the gentleman from Geor- The PREEMIE Act has been pack- CHGME program will finally make it gia. aged with other important pediatric to the President’s desk as part of S. Mr. GINGREY of Georgia. The grad- health bills. I thank the chairman of 1440. uate medical education piece is very the subcommittee, Mr. PITTS, the I just want to take a moment to com- important because these children’s hos- chairman of our full committee, Mr. mend Chairman UPTON, Chairman pitals, they see so many of these young UPTON, the ranking member of the full PITTS, and Ranking Member WAXMAN kids. In fact, 50 percent or more of committee, as well as Mr. PALLONE, for their leadership on this legislation. their patient population are Medicaid, and all of our colleagues. I have to recognize and thank the and they need this funding for con- You know very well, Madam Speaker, House sponsor of the PREEMIE Act tinuing medical education for pediatric that we come to this place to do good and the National Pediatric Research residents. things for our country that will Network Act, and those Energy and I will just conclude with that and say strengthen our Nation. How proud I am Commerce members: Congresswoman how proud I am to be supportive of that we are living up to that in pre- ESHOO, Congressman LANCE, Congress- such a great piece of legislation. senting this bill here today. woman CAPPS, and Congresswoman Mr. PALLONE. Madam Speaker, I In closing, I would also like to thank MCMORRIS RODGERS. They were really would like to now yield such time as Erin Katzelnick-Wise of my staff, who dedicated to these important issues. she may consume to the sponsor of the has worked on this bill as if it were the Madam Speaker, I reserve the bal- House PREEMIE Act, the gentlewoman most important thing she could do in ance of my time. from California (Ms. ESHOO). her life, understanding that it is one of Mr. PITTS. Madam Speaker, I yield 2 Ms. ESHOO. I thank the gentleman. the most important things she could do minutes to the gentleman from Geor- Madam Speaker, I’m very proud to in her life for children in our country; gia, one of the leaders on this issue, Dr. rise in support of the PREEMIE Act to the American Academy of Pediatri- PHIL GINGREY. legislation that I introduced with Con- cians, who have been so magnificent in Mr. GINGREY of Georgia. Madam gressman LEONARD LANCE. He’s been a instructing all of us in our work on Speaker, I thank the chairman for terrific partner not only on this legis- this legislation; and a particular shout- yielding. lation but on other pieces of legislation out to Dr. Phil Pizzo, the dean of the The gentleman from New Jersey just that we’ve moved through the Energy Stanford School of Medicine, a pedia- gave attributions to so many members, and Commerce Committee, and I salute trician himself who at one time worked both Republicans and Democrats, from him. with great distinction at the National the Energy and Commerce Committee This bill will expand research, edu- Institutes of Health. that worked so long and hard on this cation, and prevention of preterm legislation back originally in 2006 and birth. As the mother of two children, I b 1320 now in the reauthorization of S. 1440, know how precious the earliest part of Mr. PITTS. Madam Speaker, I yield the PREEMIE Act. life is, and it’s our responsibility to do 21⁄2 minutes to the chairman of the full There are a lot of statistics that everything we can to make sure that committee, the gentleman from Michi- some people may not be aware of. One our little ones begin their lives with gan (Mr. UPTON). is the fact that about two-thirds of all more than a fighting chance. Mr. UPTON. I, too, want to commend infant deaths in the first year of life Each year, as was stated, half a mil- the Republicans and Democrats, who are among the preterm infants. In 2008, lion babies are born prematurely in our worked very, very hard to get this leg- 12.3 percent of all live births, over country, and preterm birth is the lead- islation to the floor and, hopefully, to 500,000 babies, were born preterm. ing cause of newborn mortality and the the President’s desk as soon as pos- Madam Speaker, let me put it a little second-leading cause of infant mor- sible. I particularly commend Chair- bit in context. Prematurity or preterm tality. Babies born even a few weeks man PITTS and Ranking Member PAL- birth is by definition a birth earlier too early can require weeks to months LONE, LEONARD LANCE, ANNA ESHOO, than 37 weeks. Those children are usu- of hospitalization after birth, and pre- LOIS CAPPS, and the staffs, really, on ally not the problem. They’re not the mature birth can sometimes lead to de- both sides. I made a commitment to all ones that end up with permanent dis- velopmental delays and disability later of these Members early on that we abilities. But there is a subset of pre- in life. would work very diligently to get this maturity, maybe sometimes referred to In addition to the emotional and legislation here, and we are finally as ‘‘immaturity,’’ children that are physical toll of prematurity, there are here. born as early as 20 weeks, all the way significant health care costs to fami- Madam Speaker, this bill, S. 1440, up to 37 weeks. Those children are the lies, to our medical systems, and our known as the PREEMIE Reauthoriza- ones that very often, if they survive, economy. A 2006 report by the Institute tion Act, is designed to strengthen are left with permanent long-term dis- of Medicine found the cost associated health care for kids, particularly for abilities. We see a lot of folks on the with preterm birth in the United vulnerable kids. Not only does the bill Hill coming down the halls of our office States was $26.2 billion annually, or reauthorize the PREEMIE Act, but it buildings, and sometimes they’re in $51,600 per infant born preterm. These also includes the reauthorization of the wheelchairs, sometimes they’re vis- are staggering amounts of dollars. Children’s Hospital Graduate Medical ually impaired, sometimes they’re While employers, private insurers, and Education program, and it authorizes hearing impaired, but so many of those individuals bear about half of the cost the National Pediatric Research Net- adults and children that we see on Cap- of health care for these infants, 40 per- work. itol Hill were born prematurely. So a cent is paid for by Medicaid. So it’s in The original PREEMIE Act that I piece of legislation like this is hugely the best interest of healthy babies, sponsored brought attention to the important. hopeful families, and the budget of our problems related to preterm birth, and I’ll end my remarks by just making country to decrease preterm births. since its passage, the preterm birth it a little personal. My wife, Billie, and The good news is our investment in rate has declined. Good news. Yet, de- I, Madam Speaker, have 13 grand- preventing prematurity is paying off. spite that improvement, according to children, and the oldest will be 15 years In 2006, I introduced and Congress the CDC, still a half a million babies old in about 3 weeks. And they were passed the first ever comprehensive are born prematurely every year in born at 26 weeks—they each weighed 1 PREEMIE Act, and prematurity rates this country. That’s one out of eight. pound and 12 ounces. Thank God they have declined since then. This is very We can and we must do better. This re- are virtually unimpaired today and in good news. The better news is that authorization will continue to the eighth grade and doing well. It tugs today we’re reauthorizing this law, strengthen the ongoing effort to track,

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7300 CONGRESSIONAL RECORD — HOUSE December 19, 2012 prevent, and treat prematurity, ensur- First, it includes the reauthorization Mr. LANCE. It is wonderful to see ing that every child has a healthy start of the Children’s Hospital Graduate you in the chair, and I congratulate and a better chance at a healthy and a Medical Education program. This is a you on your magnificent service to the productive future. critical investment in both the health people of Missouri and the Nation. Madam Speaker, the National Pedi- of our kids and in the health of our I rise in strong support of S. 1440, to atric Research Network brings us a economy by bringing new, talented in- reauthorize the 2006 PREEMIE Act and step closer in providing more help to dividuals into the health care work- to provide important continued re- children with unmet health needs, par- force. search, education, and intervention in ticularly to those with rare pediatric From my years as a school nurse, I the national effort to reduce preterm and genetic diseases. I’ve met a number know the difficulty that children expe- births. of times with a family in my district, rience, especially those with special Madam Speaker, our Nation’s pre- the Kennedys, whose wonderful little health care needs, when they look for a mature birth rate is one of the highest daughters—Brielle and Brooke, who are pediatric specialist. Over the years, we in the world, and it is the leading cause affectionately known in our office as have seen how CHGME programs have of newborn death in the United States. ‘‘Sleeping Beauty’’ and ‘‘Cinderella’’— made a measurable impact in alle- Infants born just a few weeks too soon have a rare disease called spinal mus- viating that burden, allowing these can face serious health challenges and cular atrophy. It’s often difficult to children and their families to focus on are at risk for lifelong health and conduct research into these diseases healing. I am proud to be an original learning disabilities. In addition to its due to the very small number of kids cosponsor of this legislation and will human toll, premature birth costs our with that disease, but today, we are continue to champion it in the House. economy billions of dollars per year; working to provide families like the While we must ensure that the pro- and while the medical community has Kennedys and so many others with viders are available for our kids, we are made great strides in identifying the greater hope for a cure or an advance- still far behind on too many important risk factors associated with premature ment in the treatment. diagnostics, cures, and treatments for births, far too many premature births This bill will help establish pediatric many of our ailing children. That is today have no known causes. research networks and the consortia why this bill also includes the National That is why the Members of the that are effective in overcoming gaps Pediatric Research Network Act, which House and Senate have worked in a bi- in research. Networks and consortia is a bill that I coauthored with my col- partisan and bicameral fashion to reau- will be comprised of leading institu- league, Representative CATHY MCMOR- thorize the 2006 PREEMIE Act so that tions that will act as partners to con- RIS RODGERS. we may continue to spur innovative so- solidate and coordinate those research This legislation will help strengthen lutions that will ultimately lead not efforts. and coordinate our Nation’s research just to healthier babies but to lower The SPEAKER pro tempore (Mrs. on pediatric diseases. It will dissemi- annual health care costs. EMERSON). The time of the gentleman nate research findings quickly so that I thank Chairman UPTON and Chair- has expired. all children may benefit, especially man PITTS and Ranking Member WAX- Mr. PITTS. I yield the gentleman an those who have rare diseases; and it MAN and Ranking Member PALLONE for additional 30 seconds. will expand the geographic scope of re- their steadfast leadership on this issue Mr. UPTON. With the passage of the as well as to thank Senators LAMAR Children’s Hospital Graduate Medical search, giving sick kids easier access to research programs and to clinical ALEXANDER and MICHAEL BENNET. Once Education in 1999, freestanding chil- again, I commend Congresswoman dren’s hospitals began receiving funds trials. Moreover, this bill places an added emphasis on researching chil- ANNA ESHOO of California for working to support their pediatric medical resi- on an important issue to the health dency programs. As a result, the num- dren’s rare diseases, like spinal mus- cular atrophy, as my colleague Mr. and well-being of the American people. ber of pediatricians in the U.S. has While many complain about the par- grown steadily. Today, over 40 percent UPTON has noted, and on developing new treatments to fight them. tisan nature of Congress, we have of the pediatricians and pediatric spe- worked in a cooperative fashion on this cialists are trained in the 57 free- The low prevalence of these diseases makes them particularly hard to re- and other issues, as has the entire En- standing children’s hospitals that re- ergy and Commerce Committee. It is in ceive this funding. A proven track search, and yet these diseases have such a marked impact on the lives of that bipartisan spirit that I ask all of record. We need to get it done. my colleagues to join with us in the Again, I congratulate the Members far too many families and commu- support of the PREEMIE Reauthoriza- on the floor today for getting this bill, nities, like the Strong family of Santa tion Act so that we as a Nation will be hopefully, to the President’s desk be- Barbara. My constituents Bill and Vic- able to continue our focus on pre- fore the year is out. toria Strong have worked tirelessly on Mr. PALLONE. I yield such time as behalf of their daughter, Gwendolyn, mature birth research and prevention. Mr. PALLONE. I have no additional she may consume to the Democratic and all children with spinal muscular speakers, Madam Speaker, so I would sponsor of the House National Pedi- atrophy and other rare diseases. The atric Research Network Act of 2012, work they’ve done to help raise the simply ask that we support this legis- which is the second title of the legisla- profile of pediatric rare disease re- lation and pass it on a bipartisan basis. I yield back the balance of my time. tion before us, the gentlewoman from search is going to help families all California (Mrs. CAPPS). across the Nation. I thank them. b 1330 Mrs. CAPPS. I do want to acknowl- I also thank the leadership of the En- Mr. PITTS. Madam Speaker, I have edge the gentlelady in the chair as my ergy and Commerce Committee—Chair- no further speakers. I urge support for partner in the Capps-Emerson lectures man UPTON, Ranking Member WAXMAN, this bipartisan legislation. and as my neighbor and a real friend. Chairman PITTS, and Ranking Member I yield back the balance of my time. Madam Speaker, I rise in strong sup- PALLONE—for their dedication to this Mr. WAXMAN. Madam Speaker, I rise in port of the PREEMIE Reauthorization bill. I thank the staff, especially Ruth support of S. 1440, as amended, and urge my Act. This is an important bill to im- Katz, for working across the aisle and colleagues to support the bill as well. prove the health outcomes of pregnant across the Capitol to bring a strong bill As amended, S. 1440 is comprised of the women and their babies, and it shows now to the floor. authorization or re-authorization of three dif- our Nation’s commitment to address- I urge my colleagues to support this ferent programs, all related to children’s ing the costly and emotionally trou- bipartisan bill. I urge its swift passage health. Together, these provisions constitute a bling incidence of preterm birth. While in the Senate so that we can improve bipartisan effort to help ensure that our kids— this is enough reason for me to support the health and well-being of all infants and their health care needs—are appropriately this legislation, I would like to high- and all children. and adequately addressed. light two additional sections of the bill Mr. PITTS. Madam Speaker, I yield 2 Title One of the bill would reauthorize and that will improve the health and well- minutes to the gentleman from New improve the Prematurity Research Expansion being not only of newborns but of our Jersey (Mr. LANCE), a leader on this and Education for Mothers Who Deliver In- children as they grow. issue. fants Early—or PREEMIE—Act. Established in

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7301 2006, the PREEMIE Act expands federal re- Research networks have a proven track ficiary may participate in the demonstration search related to preterm labor and delivery, record in their ability to ensure collaboration project on a voluntary basis and may termi- and the care and treatment, and outcomes of and sharing of resources which, in turn, have nate participation at any time. (c) COVERAGE.—Except as otherwise pro- preterm and low birth weight infants. It also led to medical discoveries that have improved vided in this section, items and services for supports education programs for health pro- lives. This legislation will authorize NIH to es- which payment may be made under the dem- fessionals and the public on prematurity. Title tablish up to 8 pediatric research networks onstration program shall be treated and cov- One is designed to enhance these activities throughout the nation. Each network will be ered under part B of title XVIII of the Social and represents a renewed commitment to our selected by NIH through a competitive review Security Act in the same manner as similar nation’s efforts to reduce premature birth, the process. These networks will allow multiple in- items and services covered under such part. leading killer of newborns. stitutions to work together in a ‘‘hub and (d) PAYMENT.—The Secretary shall estab- Title Two of S. 1440 would allow the Na- spoke’’ fashion in order to encourage collabo- lish a per visit payment amount for items tional Institutes of Health to establish a na- and services needed for the in-home adminis- ration and resource sharing. tration of intravenous immune globin based tional pediatric research network dedicated to These pediatric networks will improve health on the national per visit low-utilization pay- finding treatments and cures for pediatric dis- outcomes for children who have conditions ment amount under the prospective payment eases and conditions—especially those that such as spinal muscular atrophy, Down syn- system for home health services established are rare. In addition to the research itself, Title drome, and Fragile X. This will be accom- under section 1895 of the Social Security Act Two places special emphasis on professional plished by encouraging teamwork among re- (42 U.S.C. 1395fff). training for future pediatric researchers. These searchers, patients, and NIH. (e) WAIVER AUTHORITY.—The Secretary and other related components of Title Two are Today, I am proud to vote for measures to may waive such requirements of title XVIII intended to build on the strong body of pedi- of the Social Security Act as may be nec- improve the health of our Nation’s children. essary to carry out the demonstration atric research that NIH already conducts and The SPEAKER pro tempore. The project. supports. I would encourage NIH to take full question is on the motion offered by (f) STUDY AND REPORT TO CONGRESS.— advantage of this opportunity. the gentleman from Pennsylvania (Mr. (1) INTERIM EVALUATION AND REPORT.—Not Finally, Title Three of the bill would reau- PITTS) that the House suspend the later than three years after the date of en- thorize the children’s hospital graduate med- rules and pass the bill, S. 1440, as actment of this Act, the Secretary shall sub- ical education—or CHGME—program. This amended. mit to Congress a report that contains an in- program provides ongoing and consistent fi- The question was taken; and (two- terim evaluation of the impact of the dem- nancial support to hospitals such as Children’s thirds being in the affirmative) the onstration project on access for Medicare beneficiaries to items and services needed for Hospital of Los Angeles for the training of doc- rules were suspended and the bill, as the in-home administration of intravenous tors who want to specialize in pediatrics. Over amended, was passed. immune globin. the years, the CHGME program has been A motion to reconsider was laid on (2) FINAL EVALUATION AND REPORT.—Not enormously successful in reversing the signifi- the table. later than one year after the date of comple- cant decline in the number of pediatrician f tion of the demonstration project, the Sec- trainees across the country. Indeed, today, retary shall submit to Congress a report that MEDICARE IVIG ACCESS AND children’s hospitals nationwide that are sup- contains the following: STRENGTHENING MEDICARE AND ported by the program train 40% of all pedia- (A) A final evaluation of the impact of the REPAYING TAXPAYERS ACT OF demonstration project on access for Medi- tricians and 43% of all pediatric specialists. 2012 care beneficiaries to items and services need- As I have noted, this package of programs ed for the in-home administration of intra- is a bi-partisan initiative that reflects the work Mr. BRADY of Texas. Madam Speak- venous immune globin. of several members of the Energy and Com- er, I move to suspend the rules and (B) An analysis of the appropriateness of merce Committee. I especially want to note pass the bill (H.R. 1845) to provide for a implementing a new methodology for pay- Congresswoman ESHOO, the Democratic study on issues relating to access to in- ment for intravenous immune globulins in sponsor of the original PREEMIE Reauthoriza- travenous immune globulin (IVIG) for all care settings under part B of title XVIII of the Social Security Act (42 U.S.C. 1395k et tion Act; Congresswoman CAPPS, the Demo- Medicare beneficiaries in all care set- tings and a demonstration project to seq.). cratic sponsor of the original National Pediatric (C) An update to the report entitled ‘‘Anal- Research Network Act; and Congressman examine the benefits of providing cov- ysis of Supply, Distribution, Demand, and PALLONE, the Democratic sponsor of the origi- erage and payment for items and serv- Access Issues Associated with Immune Glob- nal Children’s Hospital GME Support Reau- ices necessary to administer IVIG in ulin Intravenous (IGIV)’’, issued in February thorization Act. All of them and all of us—on the home, as amended. 2007 by the Office of the Assistant Secretary both sides of the aisle—have much to be The Clerk read the title of the bill. for Planning and Evaluation of the Depart- proud of in supporting S. 1440, as amended. The text of the bill is as follows: ment of Health and Human Services. I urge my colleagues to vote for S. 1440, as H.R. 1845 (g) FUNDING.—There shall be made avail- amended. able to the Secretary to carry out the dem- Be it enacted by the Senate and House of Rep- onstration project not more than $45,000,000 Mrs. MCMORRIS RODGERS. Madam resentatives of the United States of America in from the Federal Supplementary Medical In- Speaker, as a mother, I am reminded on a Congress assembled, surance Trust Fund under section 1841 of the daily basis of the importance of the health of SECTION 1. SHORT TITLE. Social Security Act (42 U.S.C. 1395t). our Nation’s children. This Act may be cited as the ‘‘Medicare (h) DEFINITIONS.—In this section: For that reason, I am proud to support the IVIG Access and Strengthening Medicare and (1) DEMONSTRATION PROJECT.—The term Prematurity Research Expansion and Edu- Repaying Taxpayers Act of 2012’’. ‘‘demonstration project’’ means the dem- cation for Mothers who deliver Infants Early TITLE I—MEDICARE IVIG ACCESS onstration project conducted under this sec- tion. (PREEMIE) Act. This important legislation au- SEC. 101. MEDICARE PATIENT IVIG ACCESS DEM- thorizes research to prevent preterm births ONSTRATION PROJECT. (2) MEDICARE BENEFICIARY.—The term ‘‘Medicare beneficiary’’ means an individual and it requires the Secretary of HHS to coordi- (a) ESTABLISHMENT.—The Secretary shall establish and implement a demonstration who is enrolled for benefits under part B of nate our Nation’s efforts to achieve this goal. title XVIII of the Social Security Act. This legislation also amends the Public project under part B of title XVIII of the So- cial Security Act to evaluate the benefits of (3) SECRETARY.—The term ‘‘Secretary’’ Health Service Act to extend and reauthorize providing payment for items and services means the Secretary of Health and Human appropriations for Children’s Hospital Grad- needed for the in-home administration of in- Services. uate Medical Education. This is the source of travenous immune globin for the treatment TITLE II—STRENGTHENING MEDICARE training of most of our Nation’s pediatricians. of primary immune deficiency diseases. SECONDARY PAYER RULES The PREEMIE act also includes legislation (b) DURATION AND SCOPE.— SEC. 201. DETERMINATION OF REIMBURSEMENT introduced by Representative CAPPS and my- (1) DURATION.—Beginning not later than AMOUNT THROUGH CMS WEBSITE self, the National Pediatric Research Network one year after the date of enactment of this TO IMPROVE PROGRAM EFFICIENCY. Act which will build upon our Nation’s commit- Act, the Secretary shall conduct the dem- Section 1862(b)(2)(B) of the Social Security onstration project for a period of 3 years. Act (42 U.S.C. 1395y(b)(2)(B)) is amended by ment to pediatric medical research. That com- (2) SCOPE.—The Secretary shall enroll not adding at the end the following new clause: mitment has led to the prevention and treat- more than 4,000 Medicare beneficiaries who ‘‘(vii) USE OF WEBSITE TO DETERMINE FINAL ment of terrible conditions such as polio, men- have been diagnosed with primary immuno- CONDITIONAL REIMBURSEMENT AMOUNT.— ingitis, childhood leukemia, and congenital deficiency disease for participation in the ‘‘(I) NOTICE TO SECRETARY OF EXPECTED heart disease. demonstration project. A Medicare bene- DATE OF A SETTLEMENT, JUDGMENT, ETC.—In

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7302 CONGRESSIONAL RECORD — HOUSE December 19, 2012 the case of a payment made by the Secretary retary shall determine whether there is a (1) in paragraph (2)(B)(ii), by striking ‘‘A pursuant to clause (i) for items and services reasonable basis to include or remove claims primary plan’’ and inserting ‘‘Subject to provided to the claimant, the claimant or ap- on the statement of reimbursement. If the paragraph (9), a primary plan’’; and plicable plan (as defined in paragraph (8)(F)) Secretary does not make such determination (2) by adding at the end the following new may at any time beginning 120 days before within the 11 business-day period, then the paragraph: the reasonably expected date of a settle- proposal to resolve the discrepancy shall be ‘‘(9) EXCEPTION.— ment, judgment, award, or other payment, accepted. If the Secretary determines within ‘‘(A) IN GENERAL.—Clause (ii) of paragraph notify the Secretary that a payment is rea- such period that there is not a reasonable (2)(B) and any reporting required by para- sonably expected and the expected date of basis to include or remove claims on the graph (8) shall not apply with respect to any such payment. statement of reimbursement, the proposal settlement, judgment, award, or other pay- ‘‘(II) SECRETARIAL PROVIDING ACCESS TO shall be rejected. If the Secretary determines ment by an applicable plan arising from li- CLAIMS INFORMATION THROUGH A WEBSITE.— within such period that there is a reasonable ability insurance (including self-insurance) The Secretary shall maintain and make basis to conclude there is a discrepancy, the and from alleged physical trauma-based inci- available to individuals to whom items and Secretary must respond in a timely manner dents (excluding alleged ingestion, implanta- services are furnished under this title (and to by agreeing to the proposal to resolve the tion, or exposure cases) constituting a total authorized family or other representatives discrepancy or by providing documentation payment obligation to a claimant of not recognized under regulations and to an appli- showing with good cause why the Secretary more than the single threshold amount cal- cable plan which has obtained the consent of is not agreeing to such proposal and estab- culated by the Secretary under subparagraph the individual) access to information on the lishing an alternate discrepancy resolution. (B) for the year involved. claims for such items and services (including In no case shall the process under this sub- ‘‘(B) ANNUAL COMPUTATION OF THRESHOLD.— payment amounts for such claims), including clause be treated as an appeals process or as ‘‘(i) IN GENERAL.—Not later than November those claims that relate to a potential set- establishing a right of appeal for a statement 15 before each year, the Secretary shall cal- tlement, judgment, award, or other payment of reimbursement amount and there shall be culate and publish a single threshold amount . Such access shall be provided to an indi- no administrative or judicial review of the for settlements, judgments, awards, or other vidual, representative, or plan through a Secretary’s determinations under this sub- payments for obligations arising from liabil- website that requires a password to gain ac- clause. cess to the information. The Secretary shall ity insurance (including self-insurance) and ‘‘(V) PROTECTED PERIOD.—In subclause (III), for alleged physical trauma-based incidents update the information on claims and pay- the term ‘protected period’ means, with re- ments on such website in as timely a manner (excluding alleged ingestion, implantation, spect to a settlement, judgment, award or or exposure cases) subject to this section for as possible but not later than 15 days after other payment relating to an injury or inci- the date that payment is made. Information that year. The annual single threshold dent, the portion (if any) of the period begin- amount for a year shall be set such that the related to claims and payments subject to ning on the date of notice under subclause (I) the notice under subclause (I) shall be main- estimated average amount to be credited to with respect to such settlement, judgment, the Medicare trust funds of collections of tained and made available consistent with award, or other payment that is after the the following: conditional payments from such settlements, end of a Secretarial response period begin- judgments, awards, or other payments aris- ‘‘(aa) The information shall be as complete ning on the date of such notice to the Sec- as possible and shall include provider or sup- ing from liability insurance (including self- retary. Such Secretarial response period plier name, diagnosis codes (if any), dates of insurance) and for such alleged incidents shall be a period of 65 days, except that such service, and conditional payment amounts. subject to this section shall equal the esti- period may be extended by the Secretary for ‘‘(bb) The information accurately identi- mated cost of collection incurred by the a period of an additional 30 days if the Sec- fies those claims and payments that are re- United States (including payments made to retary determines that additional time is re- lated to a potential settlement, judgment, contractors) for a conditional payment aris- quired to address claims for which payment award, or other payment to which the provi- ing from liability insurance (including self- has been made. Such Secretarial response pe- sions of this subsection apply. insurance) and for such alleged incidents riod shall be extended and shall not include ‘‘(cc) The website provides a method for subject to this section for the year. At the any days for any part of which the Secretary the receipt of secure electronic communica- time of calculating, but before publishing, tions with the individual, representative, or determines (in accordance with regulations) the single threshold amount for a year, the plan involved. that there was a failure in the claims and Secretary shall inform, and seek review of, ‘‘(dd) The website provides that informa- payment posting system and the failure was the Comptroller General of the United States tion is transmitted from the website in a justified due to exceptional circumstances with regard to such amount. form that includes an official time and date (as defined in such regulations). Such regula- ‘‘(ii) PUBLICATION.—The Secretary shall in- that the information is transmitted. tions shall define exceptional circumstances clude, as part of such publication for a ‘‘(ee) The website shall permit the indi- in a manner so that not more than 1 percent year— vidual, representative, or plan to download a of the repayment obligations under this sub- ‘‘(I) the estimated cost of collection in- statement of reimbursement amounts (in clause would qualify as exceptional cir- curred by the United States (including pay- this clause referred to as a ‘statement of re- cumstances. ments made to contractors) for a conditional imbursement amount’) on payments for ‘‘(VI) EFFECTIVE DATE.—The Secretary payment arising from liability insurance (in- claims under this title relating to a poten- shall promulgate final regulations to carry cluding self-insurance) and for such alleged tial settlement, judgment, award, or other out this clause not later than 9 months after incidents; and payment. the date of the enactment of this clause. ‘‘(II) a summary of the methodology and ‘‘(III) USE OF TIMELY WEB DOWNLOAD AS ‘‘(VII) WEBSITE INCLUDING SUCCESSOR TECH- data used by the Secretary in computing BASIS FOR FINAL CONDITIONAL AMOUNT.—If an NOLOGY.—In this clause, the term ‘website’ such threshold amount and such cost of col- individual (or other claimant or applicable includes any successor technology. lection. plan with the consent of the individual) ob- ‘‘(viii) RIGHT OF APPEAL FOR SECONDARY ‘‘(C) EXCLUSION OF ONGOING EXPENSES.—For tains a statement of reimbursement amount PAYER DETERMINATIONS RELATING TO LIABIL- purposes of this paragraph and with respect from the website during the protected period ITY INSURANCE (INCLUDING SELF-INSURANCE), to a settlement, judgment, award, or other as defined in subclause (V) and the related NO FAULT INSURANCE, AND WORKERS’ COM- payment not otherwise addressed in clause settlement, judgment, award or other pay- PENSATION LAWS AND PLANS.—The Secretary (ii) of paragraph (2)(B) that includes ongoing ment is made during such period, then the shall promulgate regulations establishing a responsibility for medical payments (exclud- last statement of reimbursement amount right of appeal and appeals process, with re- ing settlements, judgments, awards, or other that is downloaded during such period and spect to any determination under this sub- payments made by a workers’ compensation within 3 business days before the date of the section for a payment made under this title law or plan or no fault insurance), the settlement, judgment, award, or other pay- for an item or service for which the Sec- amount utilized for calculation of the ment shall constitute the final conditional retary is seeking to recover conditional pay- threshold described in subparagraph (A) shall amount subject to recovery under clause (ii) ments from an applicable plan (as defined in include only the cumulative value of the related to such settlement, judgment, award, paragraph (8)(F)) that is a primary plan medical payments made under this title. or other payment. under subsection (A)(ii), under which the ap- ‘‘(D) REPORT TO CONGRESS.—Not later than ‘‘(IV) RESOLUTION OF DISCREPANCIES.—If plicable plan involved, or an attorney, agent, November 15 before each year, the Secretary the individual (or authorized representative) or third party administrator on behalf of shall submit to the Congress a report on the believes there is a discrepancy with the such plan, may appeal such determination. single threshold amount for settlements, statement of reimbursement amount, the The individual furnished such an item or judgments, awards, or other payments for Secretary shall provide a timely process to service shall be notified of the plan’s intent conditional payment obligations arising resolve the discrepancy. Under such process to appeal such determination’’. from liability insurance (including self-in- the individual (or representative) must pro- SEC. 202. FISCAL EFFICIENCY AND REVENUE surance) and alleged incidents described in vide documentation explaining the discrep- NEUTRALITY. subparagraph (A) for that year and on the es- ancy and a proposal to resolve such discrep- (a) IN GENERAL.—Section 1862(b) of the So- tablishment and application of similar ancy. Within 11 business days after the date cial Security Act (42 U.S.C. 1395y(b)) is thresholds for such payments for conditional of receipt of such documentation, the Sec- amended— payment obligations arising from worker

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7303 compensation cases and from no fault insur- ment owed unless the complaint is filed not in the home, where doctors tell us pa- ance cases subject to this section for the later than 3 years after the date of the re- tients with compromised immune sys- year. For each such report, the Secretary ceipt of notice of a settlement, judgment, tems can benefit the most. shall— award, or other payment made pursuant to The Medicare IVIG Access Act re- ‘‘(i) calculate the threshold amount by paragraph (8) relating to such payment quires the Centers for Medicare and using the methodology applicable to certain owed.’’. Medicaid Services to do a couple of liability claims described in subparagraph (b) EFFECTIVE DATE.—The amendment (B); and made by subsection (a) shall apply with re- things. It establishes a 3-year dem- ‘‘(ii) include a summary of the method- spect to actions brought and penalties onstration project to cover these items ology and data used in calculating each sought on or after 6 months after the date of and services necessary to do this ther- threshold amount and the amount of esti- the enactment of this Act. apy in the home. It evaluates the im- mated savings under this title achieved by The SPEAKER pro tempore. Pursu- pact of the demonstration project on the Secretary implementing each such ant to the rule, the gentleman from access for these Medicare beneficiaries, threshold.’’. Texas (Mr. BRADY) and the gentleman analyzes the appropriateness of imple- (b) EFFECTIVE DATE.—The amendments from Wisconsin (Mr. KIND) each will menting a new methodology for IVIG made by subsection (a) shall apply to years payment in all care settings under beginning with 2014. control 20 minutes. The Chair recognizes the gentleman Medicare part B, and updates a pre- SEC. 203. REPORTING REQUIREMENT. Section 1862(b)(8) of the Social Security from Texas. vious report on this by the Assistant Act (42 U.S.C. 1395y(b)(8)) is amended— GENERAL LEAVE Secretary for Planning and Evaluation. (1) in the first sentence of subparagraph Mr. BRADY of Texas. Madam Speak- It’s my intent that the required (E)(i), by striking ‘‘shall be subject’’ and all er, I ask unanimous consent that all study consider the impact of lag times that follows through the end of the sentence Members may have 5 legislative days with respect to data used to determine and inserting the following: ‘‘may be subject in which to revise and extend their re- the average sales price and make rec- to a civil money penalty of up to $1,000 for ommendations to reduce the lag time each day of noncompliance with respect to marks and to include extraneous mate- rial on the subject of the bill under to ensure more accurate pricing for each claimant.’’; and IVIG, and to report whether home infu- consideration. (2) by adding at the end the following new sion saves the Medicare program tax subparagraph: The SPEAKER pro tempore. Is there dollars by improving access to all care ‘‘(I) REGULATIONS.—Not later than 60 days objection to the request of the gen- after the date of the enactment of this sub- settings. tleman from Texas? The Medicare Payment Advisory paragraph, the Secretary shall publish a no- There was no objection. Committee recently looked at home in- tice in the Federal Register soliciting pro- Mr. BRADY of Texas. Madam Speak- fusion, including the access problem posals, which will be accepted during a 60- er, I yield myself such time as I may day period, for the specification of practices for Medicare beneficiaries with PIDD. for which sanctions will and will not be im- consume. The June MedPAC report reported posed under subparagraph (E), including not I, too, want to add my thanks and ap- that a targeted expansion of home infu- imposing sanctions for good faith efforts to preciation to my classmate on her sion coverage focusing on certain drugs identify a beneficiary pursuant to this para- years of dedication and stellar service would have more likelihood of savings. graph under an applicable entity responsible to the United States of America on be- Drugs with a narrow indication and for reporting information. After considering half of your wonderful State. Thank precise diagnostic criteria like IVIG the proposals so submitted, the Secretary, in you. for PIDD are less likely to have a consultation with the Attorney General, Some of you may remember David, shall publish in the Federal Register, includ- woodwork effect than drugs with broad ing a 60-day period for comment, proposed the little boy in the bubble. He was a uses or imprecise diagnostic criteria. specified practices for which such sanctions constituent from Shenandoah, Texas, MedPAC’s report also highlighted that will and will not be imposed. After consid- who passed away at the age of 12 after fixing the part B home infusion ther- ering any public comments received during living many years of his life in a sterile apy for beneficiaries with PIDD may such period, the Secretary shall issue final environment at the Texas Children’s save money because some of the other rules specifying such practices.’’. Hospital in Houston, Texas. His mom, covered therapies for these patients are SEC. 204. USE OF SOCIAL SECURITY NUMBERS Carol Ann Demeret, is a champion for more expensive. AND OTHER IDENTIFYING INFORMA- David and for other patients who were TION IN REPORTING. I expect, Madam Speaker, that the Section 1862(b)(8)(B) of the Social Security born with immunodeficiency disease. study required by this bill will give us Act (42 U.S.C. 1395y(b)(8)(B)) is amended by Carol Ann is a friend and a constituent, more information about potential sav- adding at the end (after and below clause and has worked so hard to help those ings from giving people access to the (ii)) the following: patients impacted with that disease. right kind of care, reducing their expo- ‘‘Not later than 18 months after the date of For years now, Carol Ann and I and sure to germs in other settings, and in- enactment of this sentence, the Secretary many others have been fighting to creased compliance with prescribed shall modify the reporting requirements change the law that could help patients therapy. under this paragraph so that an applicable like David. There may be a lot of division and plan in complying with such requirements is Intravenous immune globulin, or partisanship in Washington right now, permitted but not required to access or re- IVIG therapy, is a vital step for treat- but not about this bill. I would like to port to the Secretary beneficiary social secu- rity account numbers or health identifica- ing patients with certain life-threat- thank my esteemed colleague, Rep- tion claim numbers, except that the deadline ening diseases. These are patients for resentative DORIS MATSUI of California, for such modification shall be extended by whom virtually every trip outside is for her leadership and tremendous hard one or more periods (specified by the Sec- potentially deadly. For the 250,000 work on this important bill. We have retary) of up to 1 year each if the Secretary Americans with primary immuno- here today a solid, bipartisan bill, and notifies the committees of jurisdiction of the deficiency disease, there is no place both the House and Senate join to- House of Representatives and of the Senate more dangerous than going to a hos- gether in support of Medicare IVIG ac- that the prior deadline for such modifica- pital for treatment. This is why home cess. tion, without such extension, threatens pa- Madam Speaker, I will include in the tient privacy or the integrity of the sec- IVIG treatment actually prevents peo- RECORD an exchange of letters between ondary payer program under this subsection. ple being exposed to common illnesses Any such deadline extension notice shall in- that may make you and I miserable for the Ways and Means Committee and clude information on the progress being a day or two, but could be deadly for Energy and Commerce Committee re- made in implementing such modification and patients with suppressed immune sys- lated to this bill, and I reserve the bal- the anticipated implementation date for tems. ance of my time. such modification.’’. Regular access to IVIG therapy HOUSE OF REPRESENTATIVES, SEC. 205. STATUTE OF LIMITATIONS. means a better quality of life, less dis- COMMITTEE ON ENERGY AND COMMERCE, (a) IN GENERAL.—Section 1862(b)(2)(B)(iii) ability, and potentially the difference Washington, DC, December 11, 2012. of the Social Security Act (42 U.S.C. between life and death. Unfortunately, Hon. DAVE CAMP, 1395y(b)(2)(B)(iii)) is amended by adding at Chairman, Committee on Ways and Means, the end the following new sentence: ‘‘An ac- today current law excludes from Medi- Washington, DC. tion may not be brought by the United care coverage the items and services DEAR CHAIRMAN CAMP: I am writing con- States under this clause with respect to pay- necessary to administer IVIG therapy cerning H.R. 1845, the ‘‘Medicare IVIG Access

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7304 CONGRESSIONAL RECORD — HOUSE December 19, 2012 Act.’’ I wanted to notify you that the Com- Finally, I want to thank Representa- capped ramp while using a walker. mittee on Energy and Commerce will forgo tive BRADY and DORIS MATSUI for their Now, Mr. Law cut his left hand; he hit action on the bill so that it may proceed ex- tireless efforts on behalf of the Medi- his head on the fence alongside the peditiously to the House floor for consider- ation. care IVIG Access Act. Their legislation ramp. He and the retailer discussed the This is done with the understanding that is a step toward ensuring all seniors medical charges, and they agreed to the Committee on Energy and Commerce is with primary immunodeficiency dis- settle for $2,000. not waiving any of its jurisdiction, and the eases are able to access life-saving It took 18 months and eight written Committee will not be prejudiced with re- IVIG drugs in their own home. exchanges with CMS to resolve this spect to the appointment of conferees or its But let me just take a few minutes to simple MSP claim, which delayed set- jurisdictional prerogatives on this or similar discuss the need for the SMART Act. tlement of the claim by the same 18 legislation. I would appreciate a response confirming The SMART Act reforms the badly bro- months. Plus, Mr. Law actually passed this understanding and ask that a copy of ken Medicare secondary payer system. away during the extended timeframe. our exchange of letters on this matter be in- For background, the Medicare sec- We can do better for seniors. We can cluded in the Congressional Record during ondary payer system requires Medicare get Medicare the money it’s owed a lot consideration of H.R. 1845 on the House floor. to recoup the cost of hospital and doc- faster. This legislation would accom- Sincerely, tor bills for a senior if her injuries are plish that. FRED UPTON, the responsibility of a private insurer These are just a few of the examples Chairman. or some other third party. So far so of why the SMART Act is needed. The good. Making sure Medicare doesn’t toll this broken system takes on sen- HOUSE OF REPRESENTATIVES, iors and the burden it imposes on busi- COMMITTEE ON WAYS AND MEANS, pay for injuries caused by another Washington, DC, December 18, 2012. third party is good policy to help keep nesses is unacceptable. Hon. FRED UPTON, Medicare solvent. I urge my colleagues to vote for H.R. Chairman, Committee on Energy and Commerce, The problem is that under the cur- 1845 to support this commonsense re- Washington, rent system, seniors and parties that form, including the IVIG program. DEAR CHAIRMAN UPTON, Thank you for want to settle a claim often cannot de- And, Madam Speaker, since this may your letter regarding H.R. 1845, the ‘‘Medi- termine how much they owe Medicare. be the last time I’ll have a chance to care IVIG Access and Strengthening Medi- That often results in the settlements address you in the chair, I too want to care and Repaying Taxpayers Act of 2012,’’ as collapsing. The result is that seniors echo the sentiments of so many of our amended, which is expected to be considered colleagues, to congratulate you on on the floor this week. are denied settlements to compensate I appreciate your willingness to forgo ac- for their injuries, and the Medicare such a distinguished career here in the tion on H.R. 1845. I agree that your decision trust fund is never reimbursed. That’s House. should not prejudice the Committee on En- bad for seniors, and it’s bad for the You did well in representing your ergy and Commerce with respect to the ap- Medicare program. We’re talking about constituents back home in Missouri. pointment of conferees or its jurisdictional cases where seniors are trying to give We’ll miss you as a colleague, someone prerogatives on this or similar legislation. money back to the government and the who tried hard to work on finding bi- I will include a copy of your letter and this partisan, commonsense solutions to response in the Congressional Record during government simply won’t say how consideration of H.R. 1845 on the House floor. much they owe it. It’s outrageous that the challenges facing our Nation. And, Sincerely, seniors can’t even give money back to of course, we wish you all the best in DAVE CAMP, Medicare that the government is owed your future endeavors. Chairman. because the system is broken down. I reserve the balance of my time. Mr. KIND. Madam Speaker, I yield At a time when Congress is consid- Mr. BRADY of Texas. At this time, I myself such time as I may consume. ering cuts to the Medicare benefits and yield 2 minutes to the chairman of the Madam Speaker, I rise in strong sup- provider payments, we need to at least Health Subcommittee, a longtime port of H.R. 1845. It’s a combination of make sure that Medicare is getting the fighter for patients and those on Medi- two strong, bipartisan commonsense money seniors want to send it. care, the gentleman from California bills before the House today. I want to The SMART Act will improve the (Mr. HERGER). thank the gentleman on the Ways and Medicare secondary payer system by Mr. HERGER. I thank my friend Means Committee, Mr. BRADY, for his making the government work more ef- from Texas. support of this important legislation. ficiently, reducing unnecessary bur- Madam Speaker, I rise today in As one of the coauthors of the dens and waste, and speeding the re- strong support of H.R. 1845, as amend- SMART Act, one of the bills that have payment of amounts owed to the Medi- ed, the Medicare IVIG Access and been combined today, with Representa- care trust fund. The best way to dem- Strengthening Medicare and Repaying tive TIM MURPHY, and as an original onstrate the need for the legislation is Taxpayers Act of 2012. This legislation would create a 3-year cosponsor of the Medicare IVIG Access with a few examples of the current sys- demonstration project to provide up to Act, I’m glad these two bipartisan bills tem’s unfairness and outright absurd- 4,000 Medicare beneficiaries suffering have been combined and brought to the ity. floor for consideration and hopefully from primary immunodeficiency dis- passage later today. b 1340 eases with in-home coverage of IVIG. The SMART Act had 139 bipartisan I have a handful of demand letters Medicare beneficiaries with PIDD need cosponsors; the Medicare IVIG Access here sent by CMS to seniors asking to the biologic IVIG to boost their im- Act, with 65 bipartisan cosponsors, are be repaid $1.59, or $2.81, or $4.82, or even mune system so they can fight off in- perfect examples of, at times, Demo- $36.75. Those amounts CMS has sought fection and maintain a high quality of crats and Republicans joining forces to recoup from seniors is far less than life. and getting something done around the amount it actually costs CMS to Medicare currently offers comprehen- this place. And hopefully that spirit pursue these claims. That’s penny wise sive coverage of IVIG treatments in the will continue in the days to come with and a pound foolish. physician’s office and hospital setting, the difficult decisions that face this The SMART Act makes sure CMS is but not when IVIG is administered in body. only pursuing Medicare secondary pay- the home. This flawed payment policy I would like to thank my good friend ment claims that will recoup at least encourages Medicare beneficiaries to TIM MURPHY for his leadership and the cost that it takes CMS to pursue receive care in the most costly set- hard work in moving the SMART Act these claims. That’s commonsense re- tings. through the Energy and Commerce form. Under this demonstration project, Committee. I’d also like to recognize This bill makes financial sense for Medicare part B would cover the home the extraordinary, broad stakeholder Medicare, but it will also make a administration costs, including the coalition that has worked so hard to meaningful difference for seniors who trained medical professional who ad- help get the SMART Act on the floor are awaiting settlements that are held ministers the biologic, allowing up to today, particularly the American Asso- up by Medicare’s process today. 4,000 beneficiaries with PIDD to receive ciation For Justice and the MARC Coa- In fact, I heard the story of one gen- IVIG treatments in their home. Impor- lition. tleman who fell on a retailer’s handi- tantly, beneficiaries who receive IVIG

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7305 in their home can avoid the risk of in- hours per treatment. To maintain a gery. She was transferred to a rehabili- fection inherent in alternative treat- healthy immune system, they must tation facility, where she contracted ment settings. have this treatment for the rest of Methicillin-resistant Staphylococcus The HHS Secretary would be required their lives. Aureus, otherwise known as MRSA. to issue a report to Congress detailing People with commercial insurance Sadly, Lorraine’s condition has wors- the impact this demonstration project typically receive care in any of three ened. She now suffers from dementia had on beneficiary access to care, and settings: hospital outpatient depart- and must receive 24/7 care at a nursing whether or not CMS should perma- ments; a physician’s office; or at home, home. The physical pain in Lorraine’s nently change its IVIG coverage policy. administered by a nurse. For many pa- life is multiplied by the emotional pain According to CBO, the costs of this tients, receiving their care at home is of recent years. A year after the acci- one-time demonstration are fully offset optimal, as it greatly reduces the risk dent, Lorraine lost her husband; then, by permanently reforming Medicare’s of infection. last year, her only child passed away. secondary-payer rules as detailed in However, for Medicare beneficiaries Lorraine’s story is heartbreaking and the SMART Act. with PIDD, the program pays for home tragic, and it’s depressing to learn The SMART Act will help ensure infusion of IVIG but does not cover Medicare is working against Lorraine’s that taxpayers will not be stuck with a nursing services and supplies. As you interests. In the fall of 2010, Lorraine’s Medicare bill for incidents caused when can imagine, a 74-year-old Medicare re- family and the automobile insurer for another party is liable or negligent. cipient on a fixed income is not capable the other driver in the accident The SMART Act also makes important of paying the several hundred dollars a reached a monetary settlement. The changes so that the arcane Medicare month necessary for the nurse to pro- insurer agreed to pay Lorraine’s med- rules would no longer be an impedi- vide IVIG infusions in their homes. As ical bills, and Lorraine would also col- ment for parties resolving their dif- a result, many patients are forced to lect damages. First, Lorraine’s health ferences and reaching settlement. receive their treatment in a hospital insurer—Medicare—had to be repaid, The SPEAKER pro tempore. The setting, oftentimes increasing the like- but the Centers for Medicare and Med- time of the gentleman has expired. lihood of infection, pneumonia, and an icaid Services won’t tell Lorraine or Mr. BRADY of Texas. Madam Speak- expensive stay in a hospital billed to the auto insurer how much is owed to er, I yield another minute to the gen- Medicare. the Medicare trust fund. The insurance tleman from California. Madam Speaker, this does not make company wants to reimburse Medicare Mr. HERGER. Madam Speaker, we sense for the patient or for Medicare, and provide Lorraine with a settle- need to protect the Medicare trust and that’s why Congressman BRADY ment, but CMS’s complicated bureauc- funds, and we need to have an efficient, and I introduced the Medicare IVIG Ac- racy is standing in the way. consistent, and clear process to resolve cess Act. There are thousands of cases just like these claims; and the SMART Act does Madam Speaker, this legislation is Lorraine’s in congressional districts exactly that. budget-neutral and fully paid for. H.R. across the country. But we now have a I urge my colleagues to join me in 1845 creates a 3-year demonstration chance to fix this problem and make support of this important legislation. project capped at 4,000 patients, in sure Lorraine and her family receive Mr. KIND. Madam Speaker, I want to which the nursing services and supplies what they are rightfully owed by pass- thank my good friend, the gentleman associated with home infusion of IVIG ing H.R. 1845, which includes a bipar- from California, for his support of H.R. will be covered for Medicare bene- tisan bill I introduced with Congress- 1845, in particular, the SMART Act, ficiaries with PIDD. man RON KIND. and congratulate him, as well, on his I believe that this project will mirror Our bill, the Strengthening Medicare distinguished career since he will be re- the results of studies of patients with and Repaying Taxpayers Act, or the tiring at the end of this session of Con- commercial insurance that found in- SMART Act, will recoup billions of dol- gress as well. creased compliance, fewer infections lars owed by insurance companies to At this time I yield as much time as and overall savings for patients infused the Medicare trust fund quickly and she may consume to the gentlewoman at home versus the hospital. eliminate waste within CMS. The from California (Ms. MATSUI), the prin- Madam Speaker, patients with rare SMART Act, which has nearly 140 bi- cipal author of the Medicare IVIG Act. genetic diseases should not see their partisan cosponsors and the support of Ms. MATSUI. I’d like to thank my access to care diminish when they be- trial lawyers, patient advocates, de- colleague for yielding. come eligible for Medicare. H.R. 1845 fense attorneys, and the U.S. Chamber I also want to say, Madam Speaker, fixes the gap in Medicare coverage that of Commerce, requires that Medicare thank you for your many wonderful unfairly restricts patients’ access to provide settling parties with accurate years of service and our friendship. IVIG and disrupts their continuity of information about the total costs of We’ll miss you in this Chamber, and we care. medical bills when the parties an- wish you well. I strongly encourage my colleagues nounce a settlement is near. Madam Speaker, I rise in strong sup- to vote for this critically important The Congressional Budget Office has port of H.R. 1845, the Medicare IVIG legislation. looked at our bill and found it will save Access Act. I’d like to thank Congress- billions in Medicare. The current Medi- 1350 man BRADY for his hard work and his b care Secondary Payer bureaucracy is leadership on this legislation, as well Mr. BRADY of Texas. Madam Speak- causing seniors to have their Social Se- as Congressman KIND for the leadership er, I am pleased to yield 5 minutes to curity checks garnished and their on the SMART Act provisions of this the lead author and champion of the Medicare coverage denied, through no important legislation. SMART Act, one of our health care fault of their own. Our bill fixes these Primary Immunodeficiency Diseases leaders, Mr. MURPHY of Pennsylvania. issues and ensures bureaucracy does or, as we call it, PIDDs, is a group of Mr. MURPHY of Pennsylvania. I not stand in the way of a settlement. diseases that cause a person’s immune thank the gentleman. Right now, insurers are walking system to be unable to function prop- Madam Speaker, may I add my acco- away from settlements because of the erly. Unlike most of us who are able to lades to your work for the people of flaws in the Medicare Secondary Payer fight common infectious diseases, pa- Missouri, particularly my ancestors statute. When those settlements break tients with untreated PIDD can be- who founded Murphy’s Settlement, now down, seniors get nothing and the tax- come seriously ill from a simple cold Farmington, in your district. You’ve payers are not repaid. By enacting this virus or even a cut on their arm. done them well. legislation, Congress can help Lorraine Patients with PIDD are generally Four years ago, Lorraine Babich of and thousands of senior citizens who treated with intravenous immuno- Washington County, Pennsylvania, are needlessly suffering because Medi- globulin, or IVIG, a complex drug that then age 73, suffered injuries so severe care isn’t operating effectively and ef- provides them a temporary immune from a car accident that she will never ficiently. system. Every 3–4 weeks, patients re- fully recover. After the accident, Lor- I want to thank Chairmen UPTON and ceive an IV treatment for about 2–4 raine underwent a very difficult sur- CAMP, Ranking Members WAXMAN and

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7306 CONGRESSIONAL RECORD — HOUSE December 19, 2012 LEVIN, and Congressman KIND for their beneficiaries may receive home infu- other liability insurance, no-fault insurance, support on this legislation. I want to sion of IVIG as a part B benefit; how- and workers’ compensation plans. But even extend a special thanks to their respec- ever, the equipment, nursing services, though it is legally a secondary payer, it pays tive staffs for their hard work, particu- and supplies necessary for the home in- medical claims for Medicare beneficiaries— larly Robert Horne and Brad Grantz. fusion are not reimbursed. even if they may have other entities with a Without them, this legislation Congresswoman MATSUI has been a legal responsibility—and then recovers its ex- wouldn’t be moving forward. clear leader on this issue and it’s to her penditures so seniors and persons with dis- This is good government and saves credit that it’s included in this pack- abilities are able to get the services they need. taxpayers’ money. I urge its adoption. age today. She’s worked so tirelessly Then the appropriate claims are settled after Mr. KIND. I yield such time as he on this IVIG issue, and I’m hopeful the fact. The goal of the Medicare Secondary may consume to my very good friend, that this demonstration project she Payer bill is to reduce the burdens of the sec- the gentleman from New Jersey, one of has championed will both save money ondary payer process for beneficiaries and the leaders in the Energy and Com- for the Medicare program and improve other stakeholders and help to have timely merce Committee, Mr. PALLONE. access to needed services for this vul- Mr. PALLONE. I want to thank the settlements, but to do so in a way that makes nerable population. I thank her for her sure we are also protecting taxpayer dollars gentleman from Wisconsin. leadership on behalf of these patients. Madam Speaker, I rise to lend my I also want to thank Chairman and the Medicare trust fund. support to H.R. 1845, as amended. This UPTON for working on these two issues I do regret that we were unable to include bill combines two pieces of legislation: with us, and I look forward to the next administrative funding for the Centers for H.R. 1845, which provides a demonstra- Congress, where, hopefully, we’ll find Medicare and Medicaid Services (CMS) to im- tion for the coverage of home infusion additional areas of common ground to plement these new changes. Stakeholders are of intravenous immune globulin, or work on. currently frustrated because the process does IVIG, and H.R. 1063, which makes im- Mr. KIND. I have no further speakers. not move fast enough; adding new responsibil- provements to the Medicare Secondary I encourage my colleagues to support ities on top of an already slow process—with Payer process, or MSP. However, I H.R. 1845, and I yield back the balance no new funding—is going to burden the agen- would like to note my concerns about of my time. cy and make it more difficult to meet the the process. Mr. BRADY of Texas. I yield myself stakeholders’ desired time frame for resolu- Our committee acted on H.R. 1063, such time as I may consume. tion. I hope that at some future date we can and I commend the chairman for his ef- In closing, I want to thank my coun- provide a reasonable sum to speed this proc- forts to ensure it was a bipartisan terpart, DORIS MATSUI, for her great ess along. product, but we did not act on the IVIG work on this issue. I so appreciate the legislation, which is every bit as im- leadership and partnership of Mr. KIND I would like to clarify one additional point re- portant to our Members as the MSP. and Mr. MURPHY in combining these garding the changes in this bill. The new proc- So it’s my hope that in the future we two important health care bills in ess we have established for resolving disputes can avoid situations like this. order to both provide safer, more af- of claims posted on the web portal is not in- The Medicare Secondary Payer provi- fordable access to care for those with tended to supplant the ordinary appeals proc- sions of this bill will reduce the bur- compromised immune deficiencies, as ess for MSP activities. I believe that is clear in dens of the secondary payer process for well as finding ways to save money the language, but I want to note there should beneficiaries and other stakeholders. with the important Medicare program be no ambiguity. Most importantly, the legislation will and the SMART Act. I am also pleased that a bill Congress- do so in a way that ensures that we’re I want to thank Andrew Wankum of woman MATSUI has been a clear leader on is also protecting taxpayer dollars and my staff for his excellent work on this included in this package today. She has the Medicare trust fund. I do worry, bill, Dan Elling, staff director of the worked tirelessly on this IVIG issue, and I am however, that the MSP bill does not in- Ways and Means Subcommittee on hopeful that this demonstration project she clude administrative funding for the Health, as well as Jennifer Safavian for has championed will save both save money Centers for Medicare and Medicaid her leadership on the Ways and Means for the Medicare program and improve access Services, or CMS, to implement these Committee. But I especially want to to needed services for this vulnerable popu- new changes. thank my constituent friend, Carol lation. I thank her for her leadership on this One of the primary complaints I hear Ann Demaret, the mom of David, for issue. about MSP is that stakeholders are her decades of hard work on behalf of currently frustrated because the proc- these patients. And I appreciate so I thank Chairman UPTON for working on ess does not move fast enough. But much Marcia Boyle, the founder of the these two issues with us, and our colleagues here we are, legislating new respon- Immune Deficiency Foundation, and on the Ways and Means Committee who sibilities on top of an already slow all those patients who for years have worked to bring these bills to the floor, and I process—with no funding. This will come up here asking for this help and look forward to next Congress where hopefully simply burden the agency and make it change. we will find additional areas of common more difficult to get to resolution on Today, this Congress, Republicans ground to work on. secondary payer cases in a timely fash- and Democrats alike, join together in Mr. REICHERT. Madam Speaker, I rise ion. So I hope that at some future date providing that help and that access. I today to express my support for H.R. 1845. we can provide a reasonable sum to the urge support for this bill and yield Title II addresses a set of issues involving the agency to allow them to be better back the balance of my time. employers and the casualty insurance industry equipped to speed this process along. Mr. WAXMAN. Madam Speaker, I am and the Medicare Secondary Payer (MSP) One additional point on MSP: the pleased that we are bringing this bill to the law. new process we’ve established for re- floor today. This bill combines two pieces of However, this is not the only set of MSP solving disputes of claims posted on legislation, H.R. 1845 which provides a dem- issues that impact workers’ compensation that the Web portal is not intended to sup- onstration for the coverage of home infusion of plant the ordinary appeals process for also needs to be addressed. My legislation, intra venous immune globulin (IVIG) and H.R. H.R. 5284, the Medicare Secondary Payer MSP activities. I believe that is clear 1063, which makes improvements to the Medi- and Workers’ Compensation Settlement in the language, but I want to note care Secondary Payer process. Agreement Act, is cosponsored by Represent- that there should be no ambiguity. H.R. 1063 was developed and reported by This bill does not supplant existing ap- the Energy and Commerce Committee as a bi- ative MIKE THOMPSON and has bipartisan sup- peals rights. partisan effort. I commend Chairman Upton’s port. In addition to MSP changes, this bill willingness to work with us to achieve a solu- This legislation aims to resolve the delays also provides for a 3-year demonstra- tion. I believe we have a good balance assem- by the Centers for Medicare and Medicaid tion related to IVIG. IVIG is a blood- bling this package of improvements to the cur- Services (CMS) in reviewing workers’ com- derived treatment that helps strength- rent process. pensation settlements to determine the appro- en the immune systems of immune-de- Under current law, Medicare is a secondary priate set-aside amount to be maintained by ficient patients and prevents paralysis payer to certain group health plans and non- Medicare beneficiaries to pay for future med- in some autoimmune diseases and group health plans regardless of state law or ical costs in which Medicare may have an in- neuropathies. Currently, Medicare plan provisions. These plans include auto or terest.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7307 H.R. 5284 creates a system of certainty and Bachus Eshoo Lipinski Rothman (NJ) Sherman Van Hollen ´ allows the workers’ compensation settlement Baldwin Farenthold LoBiondo Roybal-Allard Shimkus Velazquez Barber Farr Loebsack Royce Shuster Visclosky process to move forward while eliminating mil- Barletta Fattah Lofgren, Zoe Runyan Simpson Walberg lions of dollars in administrative costs. It will Barrow Fincher Long Ruppersberger Sires Walden help create clear and consistent standards, Barton (TX) Fitzpatrick Lowey Rush Slaughter Walz (MN) Bass (NH) Fleischmann Lucas Ryan (OH) Smith (NE) currently lacking in the process, to address Wasserman Becerra Fleming Luetkemeyer Ryan (WI) Smith (NJ) Schultz Sa´ nchez, Linda Smith (TX) workers’ compensation issues. Most impor- Benishek Flores Lungren, Daniel Waters T. Smith (WA) tantly, it will benefit all parties involved—in- Berg Forbes E. Watt Berkley Fortenberry Lynch Sanchez, Loretta Southerland jured workers, employers, insurers and CMS. Waxman Biggert Frank (MA) Maloney Sarbanes Speier Webster I am hopeful that the House of Representa- Bilirakis Franks (AZ) Manzullo Scalise Stearns Welch tives will be able to move H.R. 5284 towards Bishop (GA) Frelinghuysen Marchant Schakowsky Stivers West enactment. Bishop (NY) Fudge Marino Schiff Sutton Schilling Terry Westmoreland The SPEAKER pro tempore. The Bishop (UT) Gallegly Markey Black Garamendi Matheson Schock Thompson (CA) Whitfield question is on the motion offered by Blackburn Gardner Matsui Schrader Thompson (MS) Wilson (FL) the gentleman from Texas (Mr. BRADY) Blumenauer Garrett McCarthy (CA) Schwartz Thompson (PA) Wilson (SC) that the House suspend the rules and Bonamici Gerlach McCarthy (NY) Schweikert Thornberry Wittman Bonner Gibbs McCaul Scott (SC) Tiberi Wolf pass the bill, H.R. 1845, as amended. Boren Gibson McClintock Scott (VA) Tierney Womack The question was taken. Boswell Gingrey (GA) McCollum Scott, Austin Tipton Woolsey The SPEAKER pro tempore. In the Boustany Gohmert McDermott Scott, David Tonko Yarmuth Sensenbrenner Tsongas opinion of the Chair, two-thirds being Brady (PA) Goodlatte McGovern Yoder Brady (TX) Gosar McHenry Serrano Turner (NY) Young (AK) Sessions in the affirmative, the ayes have it. Braley (IA) Gowdy McIntyre Turner (OH) Young (IN) Mr. BRADY of Texas. Madam Speak- Brooks Granger McKeon Sewell Upton er, on that I demand the yeas and nays. Brown (FL) Graves (MO) McMorris NAYS—16 The yeas and nays were ordered. Buchanan Green, Gene Rodgers Bucshon Griffin (AR) McNerney Amash Foxx Poe (TX) The SPEAKER pro tempore. Pursu- Buerkle Griffith (VA) Meehan Broun (GA) Graves (GA) Stutzman ant to clause 8 of rule XX, further pro- Burgess Grijalva Meeks Campbell Harris Walsh (IL) Burton (IN) Grimm Mica Duncan (SC) Kingston Woodall ceedings on this question will be post- Duncan (TN) Labrador poned. Butterfield Guinta Michaud Calvert Guthrie Miller (FL) Flake Massie f Camp Gutierrez Miller (MI) NOT VOTING—32 Canseco Hahn Miller (NC) Akin Green, Al Paul 1400 Cantor Hanabusa Miller, Gary b Capito Hanna Miller, George Baca Hall Pence Capps Harper Moore Bartlett Johnson (IL) Platts ANNOUNCEMENT BY THE SPEAKER Capuano Hartzler Moran Bass (CA) King (NY) Reyes PRO TEMPORE Carnahan Hastings (FL) Mulvaney Berman Landry Schmidt ´ Carney Hastings (WA) Murphy (PA) Bilbray Lujan Shuler The SPEAKER pro tempore. Pursu- Carson (IN) Hayworth Myrick Bono Mack Lummis Stark Coffman (CO) Mack ant to clause 8 of rule XX, proceedings Carter Heck Nadler Sullivan Costello McKinley Cassidy Heinrich Napolitano Towns will resume on motions to suspend the Dingell Murphy (CT) Castor (FL) Hensarling Neal Young (FL) rules previously postponed. Gonzalez Nunnelee Chabot Herger Neugebauer Votes will be taken in the following Chaffetz Herrera Beutler Noem b 1421 order: Chandler Higgins Nugent H.R. 6672, by the yeas and nays; Chu Himes Nunes Messrs. DUNCAN of Tennessee, H.R. 1845, by the yeas and nays; Cicilline Hinchey Olson KINGSTON, and LABRADOR changed Clarke (MI) Hinojosa Olver their vote from ‘‘yea’’ to ‘‘nay.’’ House Resolution 668, de novo. Clarke (NY) Hirono Owens The first electronic vote will be con- Clay Hochul Palazzo Ms. WILSON of Florida changed her ducted as a 15-minute vote. Remaining Cleaver Holden Pallone vote from ‘‘nay’’ to ‘‘yea.’’ Clyburn Holt Pascrell So (two-thirds being in the affirma- electronic votes will be conducted as 5- Coble Honda Pastor (AZ) minute votes. Cohen Hoyer Paulsen tive) the rules were suspended and the Cole Huelskamp Payne bill was passed. f Conaway Huizenga (MI) Pearce The result of the vote was announced Connolly (VA) Hultgren Pelosi as above recorded. PANDEMIC AND ALL-HAZARDS Conyers Hunter Perlmutter A motion to reconsider was laid on PREPAREDNESS REAUTHORIZA- Cooper Hurt Peters the table. TION ACT OF 2012 Costa Israel Peterson Courtney Issa Petri Stated for: The SPEAKER pro tempore. The un- Cravaack Jackson Lee Pingree (ME) Mr. COFFMAN of Colorado. Mr. Speaker, Crawford (TX) Pitts finished business is the vote on the mo- Crenshaw Jenkins Polis on rollcall No. 633, I was unavoidably de- tion to suspend the rules and pass the Critz Johnson (GA) Pompeo tained. Had I been present, I would have bill (H.R. 6672) to reauthorize certain Crowley Johnson (OH) Posey voted ‘‘yea.’’ programs under the Public Health Cuellar Johnson, E. B. Price (GA) Culberson Johnson, Sam Price (NC) f Service Act and the Federal Food, Cummings Jones Quayle MEDICARE IVIG ACCESS AND Drug, and Cosmetic Act with respect to Curson (MI) Jordan Quigley public health security and all-hazards Davis (CA) Kaptur Rahall STRENGTHENING MEDICARE AND preparedness and response, and for Davis (IL) Keating Rangel REPAYING TAXPAYERS ACT OF DeFazio Kelly Reed 2012 other purposes, on which the yeas and DeGette Kildee Rehberg nays were ordered. DeLauro Kind Reichert The SPEAKER pro tempore (Mr. The Clerk read the title of the bill. DelBene King (IA) Renacci BASS of New Hampshire). The unfin- Denham Kinzinger (IL) Ribble The SPEAKER pro tempore. The Dent Kissell Richardson ished business is the vote on the mo- question is on the motion offered by DesJarlais Kline Richmond tion to suspend the rules and pass the the gentleman from Michigan (Mr. Deutch Kucinich Rigell bill (H.R. 1845) to provide for a study on Diaz-Balart Lamborn Rivera issues relating to access to intravenous ROGERS) that the House suspend the Dicks Lance Roby rules and pass the bill. Doggett Langevin Roe (TN) immune globulin (IVIG) for Medicare The vote was taken by electronic de- Dold Lankford Rogers (AL) beneficiaries in all care settings and a vice, and there were—yeas 383, nays 16, Donnelly (IN) Larsen (WA) Rogers (KY) demonstration project to examine the Doyle Larson (CT) Rogers (MI) not voting 32, as follows: Dreier Latham Rohrabacher benefits of providing coverage and pay- [Roll No. 633] Duffy LaTourette Rokita ment for items and services necessary Edwards Latta Rooney YEAS—383 to administer IVIG in the home, as Ellison Lee (CA) Ros-Lehtinen amended, on which the yeas and nays Ackerman Alexander Andrews Ellmers Levin Roskam Adams Altmire Austria Emerson Lewis (CA) Ross (AR) were ordered. Aderholt Amodei Bachmann Engel Lewis (GA) Ross (FL) The Clerk read the title of the bill.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7308 CONGRESSIONAL RECORD — HOUSE December 19, 2012 The SPEAKER pro tempore. The Meehan Richmond Smith (TX) the resolution (H. Res. 668) to refer question is on the motion offered by Meeks Rigell Smith (WA) H.R. 5862, a bill making congressional Mica Rivera Southerland the gentleman from Texas (Mr. BRADY) Michaud Roby Speier reference to the United States Court of that the House suspend the rules and Miller (FL) Roe (TN) Stearns Federal Claims pursuant to sections pass the bill, as amended. Miller (MI) Rogers (AL) Stivers 1492 and 2509 of title 28, United States Miller (NC) Rogers (KY) Stutzman Code, the Indian trust-related claims of This will be a 5-minute vote. Miller, Gary Rogers (MI) Sutton The vote was taken by electronic de- Miller, George Rohrabacher Terry the Quapaw Tribe of Oklahoma (O-Gah- Moore Rokita Thompson (CA) Pah) as well as its individual members, vice, and there were—yeas 401, nays 3, Moran Rooney Thompson (MS) not voting 27, as follows: Mulvaney Ros-Lehtinen as amended. Thompson (PA) Murphy (PA) Roskam The Clerk read the title of the resolu- Thornberry [Roll No. 634] Myrick Ross (AR) Tiberi tion. YEAS—401 Nadler Ross (FL) The SPEAKER pro tempore. The Napolitano Rothman (NJ) Tierney Ackerman Crowley Herrera Beutler Neal Roybal-Allard Tipton question is on the motion offered by Adams Cuellar Higgins Neugebauer Royce Tonko the gentleman from Texas (Mr. SMITH) Aderholt Culberson Himes Noem Runyan Tsongas that the House suspend the rules and Alexander Cummings Hinchey Nugent Ruppersberger Turner (NY) Altmire Curson (MI) Hinojosa Nunes Rush Turner (OH) agree to the resolution, as amended. Amodei Davis (CA) Hirono Olson Ryan (OH) Upton The question was taken. Andrews Davis (IL) Hochul Olver Ryan (WI) Van Hollen The SPEAKER pro tempore. In the Austria DeFazio Holden Owens Sa´ nchez, Linda Vela´ zquez opinion of the Chair, two-thirds being Bachmann DeGette Holt Palazzo T. Visclosky Bachus DeLauro Honda Pallone Sanchez, Loretta Walberg in the affirmative, the ayes have it. Baldwin DelBene Hoyer Pastor (AZ) Sarbanes Walden Mrs. MYRICK. Mr. Speaker, on that I Barber Denham Huelskamp Paulsen Scalise Walsh (IL) Barletta Dent Huizenga (MI) demand the yeas and nays. Payne Schakowsky Walz (MN) Barrow DesJarlais Hultgren The yeas and nays were ordered. Pearce Schiff Wasserman Barton (TX) Deutch Hunter Pelosi Schilling Schultz The SPEAKER pro tempore. This Bass (CA) Diaz-Balart Hurt Perlmutter Schmidt Waters will be a 5-minute vote. Bass (NH) Dicks Israel Peters Schock Becerra Dingell Issa Watt The vote was taken by electronic de- Petri Schrader Waxman Benishek Doggett Jackson Lee Pingree (ME) Schwartz vice, and there were—yeas 398, nays 5, Berg Dold (TX) Webster Pitts Schweikert Welch not voting 28, as follows: Berkley Donnelly (IN) Jenkins Poe (TX) Scott (SC) West [Roll No. 635] Biggert Doyle Johnson (GA) Polis Scott (VA) Westmoreland Bilirakis Dreier Johnson (OH) Pompeo Scott, Austin YEAS—398 Bishop (GA) Duffy Johnson, E. B. Whitfield Posey Scott, David Ackerman Chaffetz Fleischmann Bishop (NY) Duncan (SC) Johnson, Sam Wilson (FL) Price (GA) Sensenbrenner Adams Chandler Flores Bishop (UT) Duncan (TN) Jones Wilson (SC) Price (NC) Serrano Aderholt Chu Forbes Black Edwards Jordan Wittman Quayle Sessions Alexander Cicilline Fortenberry Blackburn Ellison Kaptur Wolf Quigley Sewell Altmire Clarke (MI) Foxx Blumenauer Ellmers Keating Womack Rahall Sherman Amodei Clarke (NY) Frank (MA) Bonamici Emerson Kelly Woodall Rangel Shimkus Andrews Clay Franks (AZ) Bonner Engel Kildee Woolsey Reed Shuster Austria Cleaver Frelinghuysen Boren Eshoo Kind Rehberg Simpson Yarmuth Bachmann Clyburn Fudge Boswell Farenthold King (IA) Reichert Sires Yoder Bachus Coble Gallegly Boustany Farr Kingston Renacci Slaughter Young (AK) Baldwin Coffman (CO) Gardner Brady (PA) Fattah Kinzinger (IL) Ribble Smith (NE) Young (FL) Barber Cohen Garrett Brady (TX) Fincher Kissell Richardson Smith (NJ) Young (IN) Barletta Cole Gerlach Braley (IA) Fitzpatrick Kline Barrow Conaway Gibbs Brooks Flake Kucinich NAYS—3 Barton (TX) Connolly (VA) Gibson Broun (GA) Fleischmann Labrador Amash Foxx McClintock Bass (CA) Conyers Gingrey (GA) Brown (FL) Fleming Lamborn Bass (NH) Cooper Gohmert Buchanan Flores Lance NOT VOTING—27 Becerra Costa Goodlatte Bucshon Forbes Langevin Akin Johnson (IL) Paul Benishek Courtney Gosar Buerkle Fortenberry Lankford Baca King (NY) Pence Berg Cravaack Gowdy Burgess Frank (MA) Larsen (WA) Bartlett Landry Peterson Berkley Crawford Granger Burton (IN) Franks (AZ) Larson (CT) Berman Luja´ n Platts Biggert Crenshaw Graves (GA) Butterfield Frelinghuysen Latham Bilbray Mack Reyes Bilirakis Critz Graves (MO) Calvert Fudge LaTourette Bono Mack McKinley Shuler Bishop (GA) Crowley Green, Gene Camp Gallegly Latta Costello Murphy (CT) Stark Bishop (NY) Cuellar Griffin (AR) Campbell Garamendi Lee (CA) Gonzalez Nunnelee Sullivan Bishop (UT) Culberson Griffith (VA) Canseco Gardner Levin Green, Al Pascrell Towns Black Cummings Grijalva Cantor Garrett Lewis (CA) Blackburn Curson (MI) Grimm Capito Gerlach Lewis (GA) 1428 Blumenauer Davis (CA) Guinta Capps Gibbs Lipinski b Bonamici Davis (IL) Guthrie Capuano Gibson LoBiondo So (two-thirds being in the affirma- Bonner DeFazio Hahn Carnahan Gingrey (GA) Loebsack tive) the rules were suspended and the Boren DeLauro Hall Carney Gohmert Lofgren, Zoe Boswell DelBene Hanabusa Carson (IN) Goodlatte Long bill, as amended, was passed. Boustany Denham Hanna Carter Gosar Lowey The result of the vote was announced Brady (PA) Dent Harper Cassidy Gowdy Lucas as above recorded. Brady (TX) DesJarlais Harris Castor (FL) Granger Luetkemeyer Braley (IA) Deutch Hartzler Chabot Graves (GA) Lummis The title was amended so as to read: Brooks Diaz-Balart Hastings (FL) Chaffetz Graves (MO) Lungren, Daniel ‘‘A bill to provide a demonstration Broun (GA) Dicks Hayworth Chandler Green, Gene E. project providing Medicare coverage Brown (FL) Dingell Heck Chu Griffin (AR) Lynch for in-home administration of intra- Buchanan Doggett Heinrich Cicilline Griffith (VA) Maloney Bucshon Dold Hensarling Clarke (MI) Grijalva Manzullo venous immune globulin (IVIG) and to Buerkle Donnelly (IN) Herger Clarke (NY) Grimm Marchant amendment title XVIII of the Social Burgess Doyle Herrera Beutler Clay Guinta Marino Security Act with respect to the appli- Burton (IN) Dreier Higgins Cleaver Guthrie Markey Butterfield Duffy Himes Clyburn Gutierrez Massie cation of Medicare secondary payer Calvert Duncan (SC) Hinchey Coble Hahn Matheson rules for certain claims.’’. Camp Duncan (TN) Hinojosa Coffman (CO) Hall Matsui A motion to reconsider was laid on Canseco Edwards Hirono Cohen Hanabusa McCarthy (CA) the table. Cantor Ellison Hochul Cole Hanna McCarthy (NY) Capito Ellmers Holden Conaway Harper McCaul f Capps Emerson Holt Connolly (VA) Harris McCollum Capuano Engel Honda Conyers Hartzler McDermott REFERRING QUAPAW TRIBE OF Carnahan Eshoo Hoyer Cooper Hastings (FL) McGovern OKLAHOMA TRUST CLAIMS TO Carney Farenthold Huelskamp Costa Hastings (WA) McHenry Carson (IN) Farr Huizenga (MI) Courtney Hayworth McIntyre COURT OF FEDERAL CLAIMS Carter Fattah Hultgren Cravaack Heck McKeon The SPEAKER pro tempore. The un- Cassidy Fincher Hunter Crawford Heinrich McMorris Castor (FL) Fitzpatrick Hurt Crenshaw Hensarling Rodgers finished business is the question on Chabot Flake Israel Critz Herger McNerney suspending the rules and agreeing to

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7309 Issa Moore Schiff A motion to reconsider was laid on added by subsection (a)(3), the Secretary of Jackson Lee Moran Schilling the table. Health and Human Services shall establish a (TX) Mulvaney Schmidt cost-effective process that involves the least Jenkins Murphy (PA) PERSONAL EXPLANATION Schock amount of disruption to Medicare bene- Johnson (GA) Myrick Schrader Mr. PLATTS. Mr. Speaker, on rollcall Nos. Johnson (OH) Nadler Schwartz ficiaries and health care providers. The Sec- Johnson, E. B. Napolitano Schweikert 633, 634, and 635, I was inadvertently de- retary shall consider implementing a proc- Johnson, Sam Neal Scott (SC) layed and was not present. Had I been ess, similar to the process involving Railroad Jones Neugebauer Scott (VA) present, I would have voted ‘‘yea’’ on all three Retirement Board beneficiaries, under which Jordan Noem Scott, Austin votes. a Medicare beneficiary identifier which is Kaptur Nugent Scott, David not a Social Security account number (or de- Keating Nunes PERSONAL EXPLANATION Sensenbrenner rivative thereof) is used external to the De- Kelly Olson Serrano Mr. AL GREEN of Texas. Mr. Speaker, Kildee Olver partment of Health and Human Services and Sessions today, due to unforeseen circumstances, I is convertible over to a Social Security ac- Kind Owens Sewell King (IA) Palazzo Sherman missed the following votes: count number (or derivative thereof) for use Kingston Pallone Shimkus H.R. 6672—To reauthorize certain programs internal to such Department and the Social Kinzinger (IL) Pascrell Shuster Security Administration. Kissell Pastor (AZ) under the Public Health Service Act and the Simpson (c) EFFECTIVE DATE.— Kline Paul Federal Food, Drug, and Cosmetic Act with re- Sires Kucinich Paulsen (1) IN GENERAL.—Clause (xiii) of section Slaughter spect to public health security and all-hazards Labrador Payne preparedness and response, and for other 205(c)(2)(C) of the Social Security Act (42 Lamborn Pearce Smith (NE) U.S.C. 405(c)(2)(C)), as added by subsection Lance Pelosi Smith (NJ) purposes—had I been present, I would have (a)(3), shall apply with respect to Medicare Smith (TX) Langevin Perlmutter voted ‘‘yea.’’ cards issued on and after an effective date Lankford Peters Smith (WA) Southerland H.R. 1845—Medicare IVIG Access Act, as specified by the Secretary of Health and Larsen (WA) Peterson Human Services, but in no case shall such ef- Larson (CT) Petri Speier amended—had I been present, I would have Latham Pingree (ME) Stearns voted ‘‘yea.’’ fective date be later than the date that is 3 LaTourette Pitts Stivers H. Res. 668—To refer H.R. 5862, a bill years after the date of the enactment of this Latta Poe (TX) Stutzman making congressional reference to the United Act. Lee (CA) Polis Sutton States Court of Federal Claims pursuant to (2) REISSUANCE.—The Secretary— Levin Pompeo Terry (A) shall provide for the reissuance of Lewis (CA) Posey Thompson (CA) sections 1492 and 2509 of title 28, United Medicare cards that comply with the re- Thompson (MS) Lewis (GA) Price (GA) States Code, the Indian trust-related claims of quirements of such clause not later than 3 Lipinski Price (NC) Thompson (PA) LoBiondo Quayle Thornberry the Quapaw Tribe of Oklahoma (O-Gah-Pah) years after the effective date specified by the Loebsack Quigley Tiberi as well as its individual members—had I been Secretary under paragraph (1); and Lofgren, Zoe Rahall Tierney present, I would have voted ‘‘yea.’’ (B) may permit an individual to apply for Long Rangel Tipton f the reissuance of a Medicare card that com- Lowey Reed Tonko plies with such requirements before the date Lucas Rehberg Tsongas MEDICARE IDENTITY THEFT of reissuance otherwise provided under sub- Luetkemeyer Reichert Turner (NY) paragraph (A) in such exceptional cir- Lummis Renacci PREVENTION ACT OF 2012 Turner (OH) cumstances as the Secretary may specify. Lungren, Daniel Ribble Upton Mr. SAM JOHNSON of Texas. Mr. (d) FUNDING.— E. Richardson Van Hollen Speaker, I move to suspend the rules Lynch Richmond Vela´ zquez (1) OFFSET FROM MIF.—Amounts in the Maloney Rigell Visclosky and pass the bill (H.R. 1509) to amend Medicare Improvement Fund under section Manzullo Rivera Walberg title II of the Social Security Act to 1898 of the Social Security Act (42 U.S.C. Marchant Roby Walden prohibit the inclusion of Social Secu- 1395iii) that are available for expenditures Marino Roe (TN) Walsh (IL) Massie Rogers (AL) rity account numbers on Medicare from the Fund for services furnished in a fis- Walz (MN) Matheson Rogers (KY) cal year (through fiscal year 2020) shall be Wasserman cards, as amended. Matsui Rogers (MI) available for transfer to the Centers for Schultz The Clerk read the title of the bill. McCarthy (CA) Rohrabacher Waters Medicare & Medicaid Services Program Man- McCarthy (NY) Rokita The text of the bill is as follows: Watt agement Account as the Secretary of Health McCaul Rooney H.R. 1509 Waxman and Human Services determines necessary to McCollum Ros-Lehtinen Webster Be it enacted by the Senate and House of Rep- offset the costs incurred by the Secretary McDermott Roskam resentatives of the United States of America in McGovern Ross (AR) Welch (including costs under the agreement de- McHenry Ross (FL) West Congress assembled, scribed in paragraph (2)(A)) in such fiscal McIntyre Rothman (NJ) Westmoreland SECTION 1. SHORT TITLE. year (or a previous fiscal year) in imple- McKeon Roybal-Allard Whitfield This Act may be cited as the ‘‘Medicare menting clause (xiii) of section 205(c)(2)(C) of McMorris Royce Wilson (FL) such Act (42 U.S.C. 405(c)(2)(C)), as added by Wilson (SC) Identity Theft Prevention Act of 2012’’. Rodgers Runyan subsection (a)(3), and this section. McNerney Ruppersberger Wittman SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL (2) AVAILABILITY OF FUNDING FOR THE SO- Meehan Rush Wolf SECURITY ACCOUNT NUMBERS ON Meeks Ryan (OH) Womack MEDICARE CARDS. CIAL SECURITY ADMINISTRATION.— Mica Ryan (WI) Woodall (a) IN GENERAL.—Section 205(c)(2)(C) of the (A) FUNDING UNDER AGREEMENT.—The Com- Michaud Sa´ nchez, Linda Woolsey Social Security Act (42 U.S.C. 405(c)(2)(C)) is missioner of Social Security and the Sec- Miller (FL) T. Yarmuth amended— retary of Health and Human Services shall Miller (MI) Sanchez, Loretta Yoder (1) by moving clause (x), as added by sec- enter into and maintain an agreement which Miller (NC) Sarbanes Young (AK) tion 1414(a)(2) of the Patient Protection and shall— Miller, Gary Scalise Young (FL) (i) provide funds to the Commissioner, at Miller, George Schakowsky Young (IN) Affordable Care Act, 2 ems to the left; (2) by redesignating clause (x), as added by scheduled intervals as specified in the agree- NAYS—5 section 2(a)(1) of the Social Security Number ment, for the full costs of the responsibilities Amash Hastings (WA) McClintock Protection Act of 2010, and clause (xi) as of the Commissioner under this section; and Campbell Markey clauses (xi) and (xii), respectively; and (ii) require an annual accounting and rec- onciliation of the actual costs incurred and NOT VOTING—28 (3) by adding at the end the following new clause: the funds provided under the agreement. Akin Gonzalez Nunnelee ‘‘(xiii) The Secretary of Health and Human (B) AVAILABILITY OF FUNDS.—Amounts Baca Green, Al Pence Services, in consultation with the Commis- transferred to the Centers for Medicare & Bartlett Gutierrez Platts sioner of Social Security, shall establish Medicaid Services Program Management Ac- Berman Johnson (IL) Reyes count under paragraph (1) shall be available Bilbray King (NY) Shuler cost-effective procedures to ensure that a Bono Mack Landry Stark Social Security account number (or deriva- to the Secretary of Health and Human Serv- ´ Costello Lujan Sullivan tive thereof) is not displayed, coded, or em- ices to carry out the agreement under sub- DeGette Mack Towns bedded on the Medicare card issued to an in- paragraph (A) and the Secretary shall pro- Fleming McKinley dividual who is entitled to benefits under vide funds to the Commissioner as required Garamendi Murphy (CT) part A of title XVIII or enrolled under part under such agreement. b 1436 B of title XVIII and that any other identifier (e) ACCOUNTABILITY.— So (two-thirds being in the affirma- displayed on such card is not identifiable as (1) ACCOUNTING OF EXPENDITURES.—The a Social Security account number (or deriva- Secretary of Health and Human Services and tive) the rules were suspended and the tive thereof).’’. the Commissioner of Social Security shall— resolution, as amended, was agreed to. (b) IMPLEMENTATION.—In implementing (A) keep a detailed accounting of expendi- The result of the vote was announced clause (xiii) of section 205(c)(2)(C) of the So- tures associated with the implementation of as above recorded. cial Security Act (42 U.S.C. 405(c)(2)(C)), as such clause and this section; and

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7310 CONGRESSIONAL RECORD — HOUSE December 19, 2012 (B) submit a report on such expenditures priority of the Committee on Ways and velop plans for reducing the use of So- to the Committee on Ways and Means of the Means, protecting seniors from iden- cial Security numbers. And then in House of Representatives, the Committee on tity theft. Identity theft is a lasting 2008, my colleague LLOYD DOGGETT and Finance of the Senate, and the Comptroller and devastating crime. Victims spend I brought a bill to the floor that passed General of the United States, on a semi-an- nual basis, in each of fiscal years 2013 years having to prove who they are by voice vote to end the use of Social through 2021. while monitoring credit reports, fend- Security numbers on Medicare cards. (2) AUDIT.—The Comptroller General shall ing off collection agencies for charges Most recently, at an August 2012 Ways conduct a semi-annual financial audit of the they never made, or the IRS for taxes and Means Committee joint sub- expenditures of the Department of Health they don’t owe. Some are even picked committee hearing, GAO questioned and Human Services and of the Social Secu- up by law enforcement for crimes com- CMS’s lack of a serious plan to stop rity Administration during such fiscal years mitted by the ID thief using their displaying the Social Security number. in implementing such clause and this sec- name. Seniors have every reason to be While CMS fails to act, both the pub- tion. Each such audit shall include an exam- ination of whether funds made available concerned. lic and private sectors are working to under subsection (d) are used solely for the According to the Department of Jus- protect their customers and businesses purpose described in such subsection. tice, 8.6 million households experienced from identity theft. The Departments SEC. 3. MEDICARE SMART CARD TECHNOLOGY identity theft in 2010. Over 1 million of of Defense and Veterans Affairs are re- STUDY AND REPORT. these households are headed by seniors moving Social Security numbers from (a) STUDY.—The Comptroller General of at risk of having their Social Security their ID and medical cards, and I ap- the United States shall conduct a study that numbers stolen. Fraud involving gov- plaud them for taking that action. Pri- examines whether the Medicare program should use smart card technology for Medi- ernment documents accounted for 27 vate health insurance and many others care beneficiary cards and for provider mem- percent of the identity theft com- ended the use of Social Security num- bership cards. plaints in 2011, making it the most bers on public documents a long time (b) DETAILS OF STUDY.—Such study shall common and fastest growing form of ago. And even CMS knows better. It include an examination of the following: identity theft complaint according to won’t allow insurers in the Medicare (1) Potential levels of provider investment the Federal Trade Commission. Advantage and part D drug benefit pro- required to use cards with such technology Mr. Speaker, we know Americans are grams to use Social Security numbers in various care settings. told not to carry their Social Security (2) Systems-related and implementation- on their enrollees’ cards. related costs to the Medicare program to use cards in case a wallet or purse is lost or The time to protect our nearly 50 such technology. stolen. Yet seniors are told they must million Americans carrying Medicare (3) The extent to which private insurance carry their Medicare card which dis- cards with their personal information companies have adopted or considered such plays their Social Security number. is long overdue. It’s high time that technology and their reasons for adoption or Not only does this not make sense; it Congress passes this commonsense bill. non-adoption of such technology. puts seniors at risk. The largest sen- There’s no reason why American sen- (4) The extent to which use of cards with iors organization in America agrees. iors have to continue to be put at risk such technology would— According to AARP: (A) reduce the potential for identity theft of ID theft. We need to act right now, and other unlawful use of Medicare bene- All Medicare patients must carry a bene- and I urge all of my colleagues to vote ficiary and provider identifying information; fits card that displays their Social Security ‘‘yes’’ and pass the Medicare Identity (B) increase the quality of care furnished number. Such easy assess to sensitive infor- Theft Prevention Act today. to Medicare beneficiaries; mation makes the cards a hot target for With that, Mr. Speaker, I reserve the (C) improve the accuracy and efficiency in identity thieves who want to file false balance of my time. the billing for Medicare items and services claims. Mr. DOGGETT. Mr. Speaker, I yield furnished by Medicare providers; Mr. Speaker, the Medicare Identity myself such time as I may consume. (D) reduce waste, fraud, and abuse in the Theft Prevention Act of 2012 requires Mr. Speaker, I thank Chairman JOHN- Medicare program; and the Secretary of Health and Human SON for his leadership on this, and I (E) impact the ability of Medicare bene- Services, in consultation with the ficiaries to access services. concur fully with the remarks he made. (c) REPORT.—Not later than 2 years after Commissioner of Social Security, to In 2008, I filed this piece of legislation the date of the enactment of this Act, the take action to ensure Social Security with Chairman JOHNSON’s help. At that Comptroller General shall submit to the numbers no longer are used on Medi- time, we worked together and passed it Committees on Ways and Means and Energy care cards. It requires the Secretary to through the House, and the Senate and Commerce of the House of Representa- develop a cost-effective way to do that, failed to act. tives and the Committee on Finance of the with as little impact as possible on Senate a report on the study conducted Medicare beneficiaries and health care b 1450 under this section. Such report may include And since that time, whether it was recommendations regarding the use of smart providers. card technology under the Medicare pro- Further, funds from the Medicare Im- under a Republican or Democratic ad- gram. provement Fund are made available to ministration, there has not been suffi- The SPEAKER pro tempore. Pursu- pay for implementation costs. Accord- cient priority placed on this by the ant to the rule, the gentleman from ing to CBO, the costs of this bill are Centers for Medicare and Medicaid Texas (Mr. SAM JOHNSON) and the gen- fully offset and would not increase the Services to address this question of pri- tleman from Texas (Mr. DOGGETT) each deficit. vacy. It is a serious matter. It clearly will control 20 minutes. Lastly, the bill directs GAO to con- requires legislation, and this time, The Chair recognizes the gentleman duct a study to determine whether the hopefully, the Senate will respond to from Texas (Mr. SAM JOHNSON). Medicare program should use smart our bipartisan initiative and get it GENERAL LEAVE card technology, an idea advanced by passed into law. Mr. SAM JOHNSON of Texas. Mr. my colleagues, JIM GERLACH of Penn- There are, indeed, about 48 million Speaker, I ask unanimous consent that sylvania and EARL BLUMENAUER of Or- Americans, seniors, individuals with all Members may have 5 legislative egon, to prevent waste, fraud, and disabilities, who are carrying in their days in which to revise and extend abuse in the Medicare program. wallet or purse today something that their remarks and insert extraneous Members should know this isn’t the makes them vulnerable to identity materials in the RECORD. first time CMS has been directed to theft, and that something is their The SPEAKER pro tempore. Is there act. Starting in 2002, GAO first called Medicare card. objection to the request of the gen- for ending the use of Social Security Apart from the Social Security card tleman from Texas? numbers on government documents. itself, the Medicare card is the most There was no objection. Then in 2005, fiscal year 2006, the frequently issued government docu- Mr. SAM JOHNSON of Texas. Mr. Labor-HHS bill urged the Secretary to ment that displays a Social Security Speaker, I yield myself such time as I accelerate planning for removing So- number, and that practice invites foul may consume. cial Security numbers and asked for a play. Today, the House considers legisla- report. And then in 2007, OMB issued a It was back in 2007 when the Bush ad- tion that has long been a bipartisan directive to all Federal agencies to de- ministration, recognizing this danger

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7311 by the overuse of Social Security num- Social Security card. They are told of the transaction, know where it’s at, bers, sent out a directive to Federal that carrying their Social Security greater accuracy of billing, track mis- agencies to eliminate the use of Social card in their purse or wallet puts them takes, stop fraud. And I cannot say Security numbers and explore alter- at risk of identity theft, which is a strongly enough that I think it’s im- native identifiers. Despite this direc- problem that affects 1 million seniors portant for us to move. tive, Medicare has not yet taken appro- yearly. I appreciate the work that was done priate steps to remove the numbers The irony is that the Medicare cards putting a study over the next 2 years from Medicare cards. all feature beneficiaries’ Social Secu- about this provision. But with all due Although we have bipartisan agree- rity numbers prominently. This means respect, I hope, as this legislation ment on the severity of the problem, that our seniors are in a tight spot. works its way through Congress—and I we also have had bipartisan adminis- They are at risk of identity theft sim- hope that it is yet enacted while we are trative inaction when it comes to ad- ply by carrying their Medicare card still here for the 112th Congress—that dressing it. Clearly, we need congres- with them. we’re able to be serious not just about sional action. I support passage of this bill because a 2-year study. This is an area in which To protect both the savings and the it would ensure that a person’s Social we ought to be able to implement pilot peace of mind of Medicare bene- Security Number is no longer printed projects right now across the country. ficiaries, this bipartisan legislation on their Medicare card. This bipar- It would make a difference for the ad- would require Medicare to take steps tisan, commonsense measure will en- ministration. I think there’s no ques- that private companies, the Depart- sure that the 115,000 Medicare enrollees tion we could come to scale very quick- ly, help senior citizens and the reli- ment of Defense, and the Department in my district will be safe from iden- ability of their Medicare coverage, re- of Veterans Affairs have already taken tity theft. duce fraud, and allow government to to protect the identities of those that Mr. DOGGETT. Mr. Speaker, one ad- dition to this bill from 2008 deals with track our activities going forward. they serve. There’s a lot of talk about the fiscal Every time that a senior or an indi- the question of Medicare fraud. I yield 4 minutes to the gentleman from Or- cliff and the need to save money and vidual with disabilities hands over the back and forth that’s going on their Medicare card to a health care egon (Mr. BLUMENAUER), the cosponsor of legislation dealing with that and a here. But this provision that Mr. GER- provider or elsewhere, they are handing LACH and I are advancing is a simple, over the keys to their financial secu- member of the Ways and Means Health Subcommittee, to discuss this impor- commonsense, bipartisan proposal that rity. With increasing sophistication by would help us right now improve serv- identity thieves, inaction again here is tant addition. Mr. BLUMENAUER. I appreciate the ice, save money, and improve the reli- simply unacceptable. gentleman’s courtesy, and I strongly ability of the system. Seniors who have saved, who have identify with the persistence and the I would hope that this is the sort of built a lifetime of financial security eloquence from Chairman JOHNSON and provision that would find favor with and their reputations are all at stake. my friend, Mr. DOGGETT, to deal with our colleagues in the House, and with Their savings and their credit should this problem of identity theft. the administration, working together, not be put needlessly at risk if some- The hearing was a little unnerving. I we can implement those pilot projects one steals a Medicare card or it gets appreciate the follow-through and, sooner rather than later and have misplaced or left with a provider by hopefully, something will happen. I broader application for great, positive mistake. identify strongly with the arguments effect for Medicare, for the taxpayers. Medicare should make sure that it you made on behalf of it. Mr. SAM JOHNSON of Texas. Mr. does no harm to the financial security But I would like to focus, if I could, Speaker, I yield 3 minutes to the gen- and credit rating of those that it serves on one other element because it’s di- tleman from Pennsylvania (Mr. GER- with health care security. This act will rectly related. And I see my good LACH), who is a member of the Com- help to ensure that the government friend, Mr. GERLACH, is here on the mittee on Ways and Means. better protects our seniors, denying floor, and I anticipate will be speaking Mr. GERLACH. Mr. Speaker, I want thieves access to this critical data. In- to it as well. to first acknowledge the hard work and action would jeopardize in a continuing We should be concerned about maybe leadership of my colleague on the Ways way the safety of so many. learning another lesson from the De- and Means Committee, Mr. JOHNSON of This legislation, when we previously partment of Defense, which, as the Texas, as well as our committee chair- introduced it, was supported by Con- chairman mentioned, is already using man, Mr. CAMP of Michigan. Both gen- sumers Union, the National Committee this for their purposes. Being able to tlemen recognize the urgency of find- ing practical solutions for protecting to Preserve Social Security and Medi- use an opportunity for a Common Ac- seniors and taxpayers against easily care, the Silver Haired Legislature, na- cess Card for Medicare will have very preventable Medicare waste, fraud and tionally and in Texas, as well as the important application to the area of improper payments, and the ever in- Elder Justice Coalition. rampant Medicare fraud. creasing threat of identity theft. Seniors confront many threats to re- Sixty billion dollars is the number tirement security these days, but this Mr. Speaker, whenever someone in we have heard in our subcommittee. It Washington proposes a new idea for bill will be directed toward one that we could be more, it could be less, but it’s shrinking costs and saving precious can do something about immediately, a huge sum of money, and it com- taxpayer dollars, we usually receive a and that’s those who would swindle our pounds going forward. barrage of questions from folks con- seniors. Our first concern, however, should be cerned that they will have to do with I urge adoption of the measure, and about the quality of care for the senior less and possibly see services they de- reserve the balance of my time. citizens who receive Medicare. And the pend upon curtailed in some way. Mr. SAM JOHNSON of Texas. Mr. Common Access Card, being able to This legislation we’re considering Speaker, I yield 1 minute to the gentle- digitally track this information, pro- today contains provisions that would woman from Kansas (Ms. JENKINS), a vides security for these transactions, kick-start a critically important proc- member of the Committee on Ways and makes it less likely that there will be ess that ultimately may allow Con- Means. mistakes, be able to follow up and fol- gress to use commonsense technology Ms. JENKINS. I thank the gentleman low through. in cutting an estimated $60 billion a from Texas for yielding, and would like Second, it will, in fact, help us stop year in improper and fraudulent Medi- to commend Chairman JOHNSON and fraud. This is an area that has been re- care payments while making sure sen- Congressman DOGGETT for their leader- lentlessly abused, where people order, iors enrolled in Medicare receive the ship on this legislation. there are changes in the order, some- care and treatment they have earned. Mr. Speaker, today there are nearly times orders are actually made that 50 million Medicare beneficiaries who are entirely different than what people b 1500 are told to carry their Medicare cards had requested. We’re attempting to cut costs with- with them at all times while simulta- Having this secure card will enable out restricting access to care. Specifi- neously being told not to carry their people to be able to have the security cally, this legislation authorizes a

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7312 CONGRESSIONAL RECORD — HOUSE December 19, 2012 study by the Government Account- agree that a commonsense step to pre- ities from identity theft. Importantly, ability Office examining the benefits of vent identity theft and further protect this legislation will not increase the a proposed pilot program to modernize beneficiaries is to remove beneficiary deficit. the Medicare card that almost every Social Security numbers from their H.R. 1509 also includes a study to ex- senior carries with him or her in a wal- Medicare cards, but it’s important to amine the use of smart card technology let or a pocketbook. Under the pro- point out that this is not as easy as it in the Medicare program. Some tech- posed pilot program as introduced in would seem at first glance. nology stakeholders have expressed legislation by my colleague Congress- Medicare has dozens of claims proc- concerns with the duration of the 2- man BLUMENAUER and myself, as part essing systems, each that will need to year study. If GAO is able to complete of the Medicare Common Access Card be modified to accept a new beneficiary the study on a more expedited time- Act, smart card technology would be number. Providers, too, will have to frame, I would be happy to work with used to protect personal information of ensure their billing systems can ac- Congressman GERLACH and the tech- Medicare participants, prevent phan- commodate the new numbers. We will nology community to shorten this tom billing for procedures that were need an extensive education campaign deadline as the bill moves through the never performed or products that were to ensure that a new numbering system legislative process. never purchased, and speed payments or the issuance of new cards doesn’t Given the inaction at CMS on remov- to doctors and hospitals while reducing simply present a golden opportunity ing Social Security numbers from costly billing errors. for unscrupulous individuals to find a Medicare cards, it is time for the Con- While today’s Medicare card provides new way to rip off seniors. gress to lead. It is time to take this seniors access to the health care serv- Now, I certainly support the policy long overdue, commonsense approach ices they need, that small piece of plas- goal of H.R. 1509, the Medicare Identity and protect America’s seniors. I urge tic can provide the narrow opening un- Theft Prevention Act of 2012. This bill passage of H.R. 1509. scrupulous individuals exploit to provides approximately $300 million to Mr. DOGGETT. I reserve the balance snatch identities and cheat taxpayers the Secretary of HHS to move forward of my time. Mr. SAM JOHNSON of Texas. I yield and seniors out of billions of dollars on removing Social Security numbers 2 minutes to the gentleman from Min- every year. from ID cards, yet we do not know nesota (Mr. PAULSEN), a member of the The U.S. Department of Health and whether that amount is sufficient. I’m Ways and Means Committee and acting Human Services estimates that waste, concerned that if we fail to provide suf- chairman of the Subcommittee on fraud, and abuse cost the Medicare pro- ficient funding for this task, we may Human Resources. gram about $60 billion a year. Nearly 10 wind up with a programmatic mess, Mr. PAULSEN. I thank the gen- percent of the entire annual Medicare confusion, or even worse. I think we tleman for yielding. budget—or approximately $48 billion a owe it to the Medicare beneficiaries Mr. Speaker, I rise today in support year—is lost to improper payments, ac- and providers to ensure that this wor- of the Medicare Identity Theft Preven- cording to a report issued by the Gov- thy undertaking is done well. In addi- tion Act. ernment Accountability Office. That’s tion, the bill allows for funding of the With the constant growth of tech- a significant amount of human re- Social Security Administration’s costs nology and, as an unfortunate result, sources and financial resources that but not the costs of the Medicare agen- identity theft, I have received numer- are better used helping our seniors pay cy itself, and that’s an issue that has ous inquiries from my constituents— for hospital visits, prescription drugs, to be addressed. and in particular, seniors—about what and other vital medical care. So as we move forward, Mr. Speaker, we are doing and the need to protect The Department of Defense has we must make sure that the funding is people from identity theft. Earlier this issued more than 20 million secure sufficient and that both CMS and SSA year, I also held a seminar in my dis- smart cards to authenticate and verify can equitably access these funds. Bene- trict with seniors about identity theft, access for access to programs and fa- ficiary identity security depends on it. and it was very well attended. cilities. To date, the Department of De- Mr. SAM JOHNSON of Texas. Mr. In 2010, nearly 7 percent of house- fense reports that not a single common Speaker, I yield 3 minutes to the gen- holds were victims of identity theft. Of access card has been counterfeited. tleman from California (Mr. HERGER), those households, over 1 million were We cannot stop improper payments also a member on the Ways and Means headed by seniors. Today, nearly 50 in the Medicare system until we find a Committee and chairman on the Sub- million Medicare cards display the So- way to know and to verify who is au- committee on Health. cial Security number. Social Security thorized to provide and receive bene- Mr. HERGER. I thank my good friend numbers are absolutely one of the most fits. A comprehensive study is an im- from Texas. valuable pieces of personal identity portant first step that will make sure Mr. Speaker, I rise to speak in strong that we have, therefore making it a top we get the job done right for taxpayers, support of H.R. 1509, which is common- target for criminals. seniors, doctors, and other health care sense, bipartisan legislation that will For years, the General Accounting providers. protect our Nation’s seniors. Office and the Social Security special Taxpayers and seniors deserve the I do not doubt that many of us have inspector general have recommended protection against identity theft and received letters from constituents who and asked Congress to remove the So- fraud that this legislation would pro- have faced problems due to their Social cial Security numbers from Medicare vide, and I urge my colleagues to begin Security number being compromised. cards because it is an unnecessary risk the process of putting in place a sim- Over the years, I’ve held a number of for seniors. That’s exactly what this ple, low-cost solution for bringing the forums in my northern California dis- legislation does. It will help prevent Medicare card into the 21st century, trict to raise awareness about identity seniors from becoming victims of these and I thank the gentleman for leading theft and financial scams targeting types of theft and fraud by removing this effort. senior citizens. I’ve heard complaints the Social Security number from those Mr. DOGGETT. I yield 2 minutes to from many of these constituents that, Medicare cards. the ranking member of the Health Sub- while the public increasingly under- I’m pleased to be a cosponsor and ac- committee on the Commerce Com- stands the importance of safeguarding tively support this legislation. This is mittee, the gentleman from New Jer- personal information, Medicare isn’t common sense. This is bipartisan. sey (Mr. PALLONE). doing its part. With today’s vote, we There’s no reason for delay. We can Mr. PALLONE. I thank my colleague take the first step towards removing stop putting seniors at unnecessary from Texas. these numbers from the Medicare cards risk. Mr. Speaker, I, like many of my col- that beneficiaries are encouraged to I want to thank, in particular, the leagues, am concerned with the prob- carry with them at all times. We’ve subcommittee chairman, Mr. JOHNSON, lem of identity theft—particularly heard too many excuses over the years, as well as Congressman DOGGETT for identity theft from elderly individuals, and it is becoming clear to me that their bipartisan leadership on this ef- who can be viewed as easy victims by CMS simply isn’t interested in pro- fort and bringing it to the floor before unscrupulous criminals. I think we all tecting seniors and people with disabil- the end of the year.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7313 Mr. SAM JOHNSON of Texas. Mr. care ID cards. This simply doesn’t make (5) of the children who died in fiscal year Speaker, I yield 2 minutes to the gen- sense. It puts each of these 50 million people 2011, 70 percent suffered neglect either exclu- sively or in combination with another mal- tleman from Texas (Mr. MARCHANT), a at heightened risk for identity theft and fraud. treatment type and 48 percent suffered phys- member of the Committee on Ways and We’ve already seen high rates for this type of ical abuse either exclusively or in combina- Means. crime: in 2010 alone over 8.6 million house- tion; Mr. MARCHANT. I rise to support holds were victims of ID theft, including one (6) increased understanding of deaths from the Medicare Identity Theft Prevention million seniors. Seniors’ social security num- child abuse and neglect can lead to improve- Act of 2012. This is a commonsense, bi- bers are especially valuable because they can ment in agency systems and practices to pro- partisan bill that would establish cost- be used by thieves to obtain employment, tect children and prevent child abuse and ne- effective procedures to help protect the benefits, and credit. glect; and identity of all seniors. The GAO first recommended removing so- (7) Congress in recent years has taken a number of steps to reduce child fatalities Seniors are a high-risk demographic cial security numbers from government docu- from abuse and neglect, such as— for identity theft. Identity thieves ments ten years ago. Both the private and (A) providing States with flexibility have targeted seniors in my district in public sectors have already taken steps to re- through the Child and Family Services Im- Texas and across the country. This move social security numbers from forms of provement and Innovation Act of 2011 to op- year’s Centers for Medicare Services public identification. However, fully aware of erate child welfare demonstration projects inspector general report found that the risks posed to seniors, the Centers for to test services focused on preventing abuse more than a quarter million Medicare Medicare and Medicaid Services has refused and neglect and ensuring that children re- main safely in their own homes; beneficiaries have been potential vic- to act. Both sides of the aisle agree, this is (B) providing funding through the Child tims of identity theft. simply unacceptable. and Family Services Improvement Act of b 1510 Therefore, it is clearly time for Congress to 2006 for services and activities to enhance take action. I urge my colleagues to support the safety of children who are at risk of Most Medicare cards currently use this legislation so that we can better protect being placed in foster care as a result of a Social Security numbers as the identi- our senior citizens. parent’s substance abuse; fier. By removing Social Security num- The SPEAKER pro tempore. The (C) providing funding through the Fos- bers from Medicare cards, this bill question is on the motion offered by tering Connections to Success and Increasing Adoptions Act of 2008 for grants to facilitate gives seniors the identity protection the gentleman from Texas (Mr. SAM that they deserve. Seniors work their activities such as family group decision- JOHNSON) that the House suspend the making meetings and residential family entire lives for financial security, and rules and pass the bill, H.R. 1509, as treatment programs to support parents in that security should not be jeopardized amended. caring for their children; and due to preventable identity theft. The question was taken. (D) requiring States through the Child and Other Federal programs and private in- The SPEAKER pro tempore. In the Family Services Improvement and Innova- surance plans made similar changes opinion of the Chair, two-thirds being tion Act of 2011 to describe how they will im- years ago, and Medicare beneficiaries in the affirmative, the ayes have it. prove the quality of data collected on fatali- ties from child abuse and neglect. should have the same level of identity Mr. DOGGETT. Mr. Speaker, I object protection and security. SEC. 3. ESTABLISHMENT OF COMMISSION. to the vote on the ground that a (a) ESTABLISHMENT.—There is established I’m proud to support this legislation, quorum is not present and make the the Commission to Eliminate Child Abuse and I urge my colleagues to do so. point of order that a quorum is not and Neglect Fatalities (in this Act referred Mr. DOGGETT. Mr. Speaker, I thank present. to as the ‘‘Commission’’). the gentleman from Texas, my col- The SPEAKER pro tempore. Pursu- (b) MEMBERSHIP.— league, Chairman JOHNSON, and I hope ant to clause 8 of rule XX, further pro- (1) COMPOSITION.— the Senate will respond this time to (A) MEMBERS.—The Commission shall be ceedings on this question will be post- composed of 12 members, of whom— our action. poned. (i) 6 shall be appointed by the President; I yield back the balance of my time. The point of no quorum is considered (ii) 2 shall be appointed by the Speaker of Mr. SAM JOHNSON of Texas. Thank withdrawn. the House of Representatives; you, Mr. DOGGETT. f (iii) 1 shall be appointed by the minority I yield myself such time as I may leader of the House of Representatives; consume. PROTECT OUR KIDS ACT OF 2012 (iv) 2 shall be appointed by the majority Mr. Speaker, despite increasing pres- Mr. CAMP. Mr. Speaker, I move to leader of the Senate; and suspend the rules and pass the bill (v) 1 shall be appointed by the minority sure from this committee and this leader of the Senate. House, CMS has refused to act to re- (H.R. 6655) to establish a commission to (B) QUALIFICATIONS.—Each member ap- move Social Security numbers from develop a national strategy and rec- pointed under subparagraph (A) shall have Medicare cards. If CMS won’t act, we ommendations for reducing fatalities experience in one or more of the following must. This commonsense bill is a vital resulting from child abuse and neglect. areas: step in protecting our Nation’s seniors The Clerk read the title of the bill. (i) child welfare administration; from identity theft, and we can’t afford The text of the bill is as follows: (ii) child welfare research; to put seniors at risk any longer. Medi- H.R. 6655 (iii) child development; (iv) legislation, including legislation in- care beneficiaries want, need, and de- Be it enacted by the Senate and House of Rep- volving child welfare matters; serve better. I urge all my colleagues resentatives of the United States of America in (v) trauma and crisis intervention; to vote ‘‘yes,’’ and I hope the Senate Congress assembled, (vi) pediatrics; will act immediately to pass this legis- SECTION 1. COMMISSION. (vii) psychology and mental health; lation. This Act may be cited as the ‘‘Protect our (viii) emergency medicine; I yield back the balance of my time. Kids Act of 2012’’. (ix) forensic pathology or medical inves- Mr. REICHERT. Mr. Speaker, I rise today in SEC. 2. FINDINGS. tigation of injury and fatality; support of the Medicare Identity Theft Preven- Congress finds that— (x) social work with field experience; (1) deaths from child abuse and neglect are (xi) academia at an institution of higher tion Act. I applaud Chairman JOHNSON and preventable; education, as that term is defined in section Representative DOGGETT for introducing this (2) deaths from child abuse and neglect are 101 of the Higher Education Act of 1965 (20 bill and bringing it to the floor. significantly underreported and there is no U.S.C. 1001), with a focus on one or more of America’s seniors are some of our most val- national standard for reporting such deaths; the other areas listed under this subpara- ued citizens. They have spent their lives work- (3) according to the Child Maltreatment graph; ing hard and preparing for their much de- Report of 2011, in fiscal year 2011, 1,545 chil- (xii) law enforcement, with experience han- served ‘‘golden years.’’ It seems only fitting, dren in the United States are reported to dling child abuse and neglect matters; then, that we reward their hard work and labor have died from child abuse and neglect, and (xiii) civil law, with experience handling many experts believe that the actual number child abuse and neglect matters; by protecting them. That’s our job. may be significantly more; (xiv) criminal law, with experience han- Under current law, Social Security numbers (4) over 42 percent of the number of chil- dling child abuse and neglect matters; are used as the main component of a Medi- dren in the United States who die from abuse (xv) substance abuse treatment; care beneficiary’s health insurance claim num- are under the age of 1, and almost 82 percent (xvi) education at an elementary school or ber and are displayed on over 50 million Medi- are under the age of 4; secondary school, as those terms are defined

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in section 9101 of the Elementary and Sec- (b) COORDINATION.—The Commission shall service laws and regulations, appoint and ondary Education Act of 1965 (20 U.S.C. 7801); provide opportunities for graduate and doc- terminate an executive director and such (xvii) epidemiology; and toral students to coordinate research with other additional personnel as may be nec- (xviii) computer science or software engi- the Commission. essary to enable the Commission to perform neering with a background in interoper- (c) RECOMMENDATIONS.—The Commission its duties. The employment of an executive ability standards. shall— director shall be subject to confirmation by (C) DIVERSITY OF QUALIFICATIONS.—In mak- (1) develop recommendations to reduce fa- the Commission. ing appointments to the Commission under talities from child abuse and neglect for Fed- (2) COMPENSATION.—The Chairperson of the subparagraph (A), the President and the con- eral, State, and local agencies, and private Commission may fix the compensation of the gressional leaders shall make every effort to sector and nonprofit organizations, including executive director and other personnel with- select individuals whose qualifications are recommendations to implement a com- out regard to chapter 51 and subchapter III of not already represented by other members of prehensive national strategy for such pur- chapter 53 of title 5, United States Code, re- the Commission. pose; and lating to classification of positions and Gen- (2) DATE.—The appointments of the mem- (2) develop guidelines for the type of infor- eral Schedule pay rates, except that the rate bers of the Commission shall be made not mation that should be tracked to improve of pay for the executive director and other later than 90 days after the date of enact- interventions to prevent fatalities from child personnel may not exceed the rate payable ment of this Act. abuse and neglect. for level V of the Executive Schedule under (c) PERIOD OF APPOINTMENT; VACANCIES.— (d) REPORT.— section 5316 of such title. Members shall be appointed for the life of (1) IN GENERAL.—Not later than 2 years (c) DETAIL OF GOVERNMENT EMPLOYEES.— the Commission. Any vacancy in the Com- after the date on which a majority of the At the discretion of the relevant agency, any mission shall not affect its powers, but shall members of the Commission have been ap- Federal Government employee may be de- be filled in the same manner as the original pointed, the Commission shall submit a re- tailed to the Commission without reimburse- appointment. port to the President and Congress, which ment, and such detail shall be without inter- (d) INITIAL MEETING.—Not later than 60 shall contain a detailed statement of the ruption or loss of civil service status or days after the date on which a majority of findings and conclusions of the Commission, privilege. the members of the Commission have been together with its recommendations for such (d) PROCUREMENT OF TEMPORARY AND appointed, the Commission shall hold its legislation and administrative actions as it INTERMITTENT SERVICES.—The Chairperson of first meeting. considers appropriate. the Commission may procure temporary and (e) MEETINGS.—The Commission shall meet (2) EXTENSION.—The President may extend intermittent services under section 3109(b) of at the call of the Chairperson. the date on which the report described in (f) QUORUM.—A majority of the members of title 5, United States Code, at rates for indi- the Commission shall constitute a quorum, paragraph (1) shall be submitted by an addi- viduals that do not exceed the daily equiva- but a lesser number of members may hold tional 1 year. lent of the annual rate of basic pay pre- hearings. (3) ONLINE ACCESS.—The Commission shall scribed for level V of the Executive Schedule (g) CHAIRPERSON.—The President shall se- make the report under paragraph (1) avail- under section 5316 of such title. lect a Chairperson for the Commission from able on the publicly available Internet Web SEC. 7. TERMINATION OF THE COMMISSION. among its members. site of the Department of Health and Human The Commission shall terminate on the SEC. 4. DUTIES OF THE COMMISSION. Services. earlier of— (a) STUDY.— SEC. 5. POWERS OF THE COMMISSION. (1) the 30th day after the date on which the (1) IN GENERAL.—The Commission shall (a) HEARINGS.— Commission submits its report under section conduct a thorough study on the use of child (1) IN GENERAL.—The Commission may hold 4(d); or protective services and child welfare services such hearings, sit and act at such times and (2) the date that is 3 years after the initial funded under title IV and subtitle A of title places, take such testimony, and receive meeting under section 3(d). XX of the Social Security Act to reduce fa- such evidence as the Commission considers SEC. 8. FEDERAL AGENCY RESPONSE. talities from child abuse and neglect. advisable to carry out this Act. Not later than 6 months after the submis- (2) MATTERS STUDIED.—The matters studied (2) LOCATION.—The location of hearings sion of the report required under section 4(d), by the Commission shall include— under paragraph (1) shall include— any Federal agency that is affected by a rec- (A) the effectiveness of the services de- (A) areas with high fatality rates from ommendation described in the report shall scribed in paragraph (1) and best practices in child abuse and neglect; and submit to Congress a report containing the preventing child and youth fatalities that (B) areas that have shown a decrease in fa- response of the Federal agency to the rec- are intentionally caused or that occur due to talities from child abuse and neglect. ommendation and the plans of the Federal negligence, neglect, or a failure to exercise (3) SUBJECT.—The Commission shall hold agency to address the recommendation. proper care; hearings under paragraph (1)— SEC. 9. ADJUSTMENT TO THE TANF CONTIN- (B) the effectiveness of Federal, State, and (A) to examine the Federal, State, and GENCY FUND FOR STATE WELFARE local policies and systems within such serv- local policies and available resources that af- PROGRAMS. ices aimed at collecting accurate, uniform fect fatalities from child abuse and neglect; (a) IN GENERAL.—Section 403(b)(2) of the data on child fatalities in a coordinated fash- and Social Security Act (42 U.S.C. 603(b)(2)) is ion, including the identification of the most (B) to explore the matters studied under amended by striking ‘‘for fiscal years 2011 and least effective policies and systems in section 4(a)(2). and 2012’’ and all that follows through the practice; (b) INFORMATION FROM FEDERAL AGEN- end of the paragraph and inserting ‘‘for fiscal (C) the current (as of the date of the study) CIES.—The Commission may secure directly years 2013 and 2014 such sums as are nec- barriers to preventing fatalities from child from any Federal department or agency such essary for payment to the Fund in a total abuse and neglect, and how to improve effi- information as the Commission considers amount not to exceed $612,000,000 for each ciency to improve child welfare outcomes; necessary to carry out this Act. Upon re- fiscal year, of which $2,000,000 shall be re- (D) trends in demographic and other risk quest of the Chairperson of the Commission, served for carrying out the activities of the factors that are predictive of or correlated the head of such department or agency shall commission established by the Protect our with child maltreatment, such as age of the furnish such information to the Commission. Kids Act of 2012 to reduce fatalities resulting child, child behavior, family structure, pa- (c) POSTAL SERVICES.—The Commission from child abuse and neglect.’’ may use the United States mails in the same rental stress, and poverty; (b) PREVENTION OF DUPLICATE APPROPRIA- manner and under the same conditions as (E) methods of prioritizing child abuse and TIONS FOR FISCAL YEAR 2013.—Expenditures neglect prevention within such services for other departments and agencies of the Fed- made pursuant to section 148 of the Con- families with the highest need; and eral Government. tinuing Appropriations Resolution, 2013, for (F) methods of improving data collection (d) GIFTS.—The Commission may accept, fiscal year 2013, shall be charged to the appli- and utilization, such as increasing interoper- use, and dispose of gifts or donations of serv- cable appropriation provided by the amend- ability among State and local and other data ices or property. ments made by this section for such fiscal systems. SEC. 6. COMMISSION PERSONNEL MATTERS. year. (3) MATERIALS STUDIED.—The Commission (a) TRAVEL EXPENSES.—The members of shall review— the Commission shall be allowed travel ex- The SPEAKER pro tempore. Pursu- (A) all current (as of the date of the study) penses, including per diem in lieu of subsist- ant to the rule, the gentleman from research and documentation, including the ence, at rates authorized for employees of Michigan (Mr. CAMP) and the gen- National Survey of Child and Adolescent agencies under subchapter I of chapter 57 of tleman from Texas (Mr. DOGGETT) each Well-Being and research and recommenda- title 5, United States Code, while away from will control 20 minutes. tions from the Government Accountability their homes or regular places of business in The Chair recognizes the gentleman Office, to identify lessons, solutions, and the performance of services for the Commis- from Michigan. needed improvements related to reducing fa- sion. GENERAL LEAVE talities from child abuse and neglect; and (b) STAFF.— (B) recommendations from the Advisory (1) IN GENERAL.—The Chairperson of the Mr. CAMP. Mr. Speaker, I ask unani- Board on Child Abuse and Neglect. Commission may, without regard to the civil mous consent that all Members have 5

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7315 legislative days in which to revise and This bipartisan legislation will estab- dren, who testified before our com- extend their remarks and to include ex- lish a commission charged with devel- mittee very recently that the estimate traneous material on the subject of the oping recommendations to reduce child of 753,000 children being abused and ne- bill under consideration. deaths caused by abuse and neglect. glected in America is a conservative The SPEAKER pro tempore. Is there The commission will study a variety of one, but that to put it in context, if objection to the request of the gen- issues, including data on fatalities, pre- you filled the Alamodome, the Darrell tleman from Michigan? vention methods, and the adequacy of K. Royal Stadium in Austin, the Hu- There was no objection. current programs before making their bert Humphrey Metro Dome in Min- Mr. CAMP. Mr. Speaker, I yield my- recommendations. Any Federal agency neapolis, Yankee Stadium, the stadium self such time as I may consume. affected by a recommendation of the in Georgia, in Tennessee, Tiger Sta- Mr. Speaker, I rise today in support commission will be required to report dium in Louisiana, the Rose Bowl, the of H.R. 6655, the Protect Our Kids Act within 6 months on how it plans to ad- Century Link Fields in Washington of 2012. As we are too painfully re- dress the recommendation. Impor- State, you would fill those and still not minded this week by the horrific trag- tantly, this legislation is paid for and cover all of the children who are sub- edy in Newtown, Connecticut, for all will not add to our deficit. ject to abuse and neglect each year in the good this Nation has done to lift up Mr. Speaker, I urge all of my col- this country. Almost half of those chil- children, we still have much more work leagues on both sides of the aisle to dren that are abused are age 4 or under. to do. So, Mr. Speaker, before I get vote in favor of this bipartisan bill and, Our bill provides an opportunity to into the remarks about the bill I want in doing so, take an important step to- take an important step forward in de- to extend my heartfelt condolences to ward preventing the tragic deaths of so veloping a national strategy to protect the victims and their loved ones strug- many of our Nation’s children from our most vulnerable children. The com- gling, as we all are, to understand this abuse and neglect. mission, appointed by the President senseless assault on children and their Mr. Speaker, I yield the remainder of and Congress, would develop rec- educators. my time to Mr. PAULSEN, the acting ommendations to reduce the number of While Newtown is rightly receiving chair of the Human Resources Sub- children who die from abuse and ne- the Nation’s attention, what goes un- committee, and ask unanimous consent glect. noticed far too often is the number of that he be allowed to control the time. The commission would bring to- children that die each year in this The SPEAKER pro tempore. Without gether a group of experts from around country as a result of abuse and ne- objection, the gentleman from Min- the country in a wide variety of profes- glect. Sadly, their deaths often come at nesota will control the balance of the sions to identify prevention efforts. So the hands of those who should be car- time. little of the resources that we focus on ing for them the most. There was no objection. abused and neglected children in Amer- State reports indicate that more Mr. DOGGETT. My thanks to Chair- ica today goes to prevention, and that than 1,500 children in the U.S. died man CAMP and Chairman PAULSEN, should be an important focus in a from abuse or neglect in fiscal year whose leadership has facilitated our broad sense, as well as the collection of 2010, and research shows that these re- consideration of this bill today and the good data so that we can adequately ports may significantly understate the crafting of it into the piece of legisla- compare what’s happening and can also actual number of these fatalities. Con- tion that it is. understand the best practices that are gress should do what it can to prevent I rise in support of the Protect Our already underway in many commu- these tragedies, which is why this leg- Kids Act, which represents an im- nities across America. islation is before us today. proved version over legislation that I This legislation is the result of care- introduced about a year ago. b 1520 ful bipartisan work over the past cou- We are reminded, as Chairman CAMP As we listened to experts both in our ple of years. In 2010, I requested that indicated, by the tragedy in Con- recent hearing in front of the Sub- the Government Accountability Office necticut, each family touched by the committee on Human Resources and (GAO) review what is known about the damage, the deaths of these youngest last year when we held a hearing, we circumstances of child deaths and near Americans. In contrast, as with so note the need for what one called an deaths resulting from abuse and ne- many families, in our family we share ‘‘accessible blueprint’’ for the States to glect, State approaches to gathering the joy of three little girls. As difficult implement better child abuse preven- and reporting this information, and as it is to conceive of the wrong, the tion strategy. That’s a blueprint that what steps the Department of Health evil that occurred in Connecticut so re- this commission can provide. and Human Services has taken to sup- cently, it is similarly difficult to con- In my home State of Texas, there are port the collection and accurate re- ceive of how many of our youngest groups like Voices for Children San An- porting of this information. Americans are the subject of abuse and tonio, CASA, Children’s Shelters in GAO completed its review in July of even death. San Antonio, Austin and other commu- last year and presented its findings at We, through the Protect Our Kids nities, and TexProtects, that are serv- a Ways and Means Subcommittee on Act, are seeking to have thoughtful ing as a voice for the voiceless and try- Human Resources hearing that same consideration of what steps we can ing to prevent child abuse. There are month. In their report, GAO said many take to protect these most vulnerable local leaders like Texas State Senator more children die from abuse and ne- children. We’re not interested in an- Carlos Uresti, who was the moving glect than are currently reported. They other commission that just prepares force behind the Texas Blue Ribbon also reported that government agencies another report that gets filed some- Task Force and the Bexar County Task have different definitions of abuse and where; we’re interested in action com- Force on Child Abuse. neglect, and that administrative bar- ing from this commission. The important work that these folks riers hinder the sharing of this infor- The original legislation, which was are doing has been a great benefit; but mation across agencies. filed in a way that provided for its con- despite it, the fatalities that are stem- Following that hearing, I worked sideration in a number of committees, ming from child abuse continue to with Congressman DOGGETT—and I has been, in terms of jurisdiction, nar- grow, and they are almost at epidemic thank him for his bipartisan support— rowed somewhat, but the objectives of proportions in Texas, and in San Anto- the ranking member of the Sub- the legislation remain as broad as they nio in particular. Last year, there were committee on Human Resources, to de- ever were—to explore every aspect of almost 6,000 confirmed cases of child velop a legislative proposal to address child abuse leading to child fatalities abuse in the San Antonio area in Bexar these issues. Last week, the sub- and to find more bipartisan solutions County, the highest number in Texas, committee held another hearing to re- to addressing that serious matter. higher than even Houston and Harris view this proposal. Finally, after al- I reflect on the testimony of a wit- County, which has about twice the pop- most 2 years of work, we are here on ness from Dallas, Madeline McClure, ulation. the House floor today to consider and the executive director of the Texas As- In the last decade, Texas had over pass this important bill. sociation for the Protection of Chil- 2,000 children who were killed—who

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The children don’t just ‘‘bounce created by this bill would review the velopment, trauma and crisis interven- back.’’ The consequences of abuse and effectiveness of current child welfare tion, pediatrics, social work, law en- neglect are felt throughout the life- services, it will examine the data we forcement, criminal law, and substance time and, indeed, often from one gen- have now about childhood fatalities, abuse treatment, the commission will eration to another. These conditions and it will study factors that are pre- truly protect our kids. can linger for a very long time. The dictive of child abuse and neglect. And As the cochair of the Congressional data are clear: among those adults who through this work, this commission Caucus on Foster Youth, I look forward have experienced the highest level of can provide Congress and others with to continue working with my col- childhood trauma, these individuals critical information on how we can im- leagues to help prevent child abuse, ne- were five times more likely to suffer prove our child abuse prevention ef- glect and fatalities. I urge my col- from alcoholism, nine times more like- forts. leagues to support H.R. 6655. ly to be involved in drug abuse, three I note that while this bill provides Mr. PAULSEN. Mr. Speaker, we have times more likely to be clinically de- some resources for the commission to no other speakers. I reserve the bal- pressed, and four times more likely to do its work, thanks to Chairman CAMP ance of my time. Mr. DOGGETT. I would yield myself be addicted to nicotine. Additional re- and Mr. DOGGETT, they have worked search shows a relationship between very carefully to ensure that the com- such time as I may consume. Mr. Speaker, as Texas District Judge childhood abuse and the presence of a mission operates within existing social Darlene Byrne, a leader in establishing range of adult diseases. services funding. As a result, this bill child protection courts has said: In the past, this Congress’ adoption does not add to the deficit. This shows of expert advice has provided progress Childhood should be a time of innocence how critical this issue is and how bi- and freedom, but it is a sad fact that many in dealing with the issue of child ne- partisan this issue is, as well. children are vulnerable to injury and abuse. glect and abuse. We have made some I urge all my colleagues to support Our Nation’s children need good leaders to positive changes to the way children this important legislation and reserve stand up and find creative ways to protect are placed into foster care and have the balance of my time. them from harm. The creation of the Na- elevated child safety as a primary wel- Mr. DOGGETT. Mr. Speaker, at this tional Commission to End Child Fatalities is fare goal for the States. But as evi- time, I would yield 2 minutes to the an important step in that direction. denced by the statistics, there are gaps gentlewoman from California, who is At a hearing, Mr. Speaker, of our in policy. There is much more work to the cochair of the Foster Youth Caucus Ways and Means Human Resources be done to reduce the number of chil- and who has actively participated in Subcommittee that we held over a year dren who die each year in the hands of coming to the hearings in our com- ago, I expressed hope that we would be someone who is supposed to be caring mittee because of her great interest in able to come together in a bipartisan for them. preventing child abuse, Ms. BASS. response. Today, we are doing just The Protect Our Kids Act is a signifi- Ms. BASS of California. Mr. Speaker, that. cant step in the right direction, and I I rise today in strong support of the As we take this step toward reducing urge its approval. Protect Our Kids Act. First of all, I child neglect and abuse, I would like to I reserve the balance of my time. want to thank Ranking Member DOG- thank the many children’s protection Mr. PAULSEN. Mr. Speaker, I yield GETT, Chairman CAMP, and Chairman groups that have been so instrumental myself such time as I may consume. PAULSEN for their leadership and com- in providing input and support for this Mr. Speaker, today we have an oppor- mitment to eliminating child fatali- legislation, including the members of tunity to improve the way our child ties. the National Coalition to End Child welfare system works. We have a Unfortunately, Federal Government Abuse Deaths; particularly the Na- chance to learn what is most effective statistics estimate that every day in tional Association of Social Workers; in preventing fatalities from child America approximately 2,000 children the National Center for the Review and abuse and neglect. By acting on this are confirmed victims of child abuse Prevention of Child Deaths; the Na- bill today, we can make a significant and neglect, nearly 700 children are re- tional Children’s Alliance; Every Child difference in the lives of children who moved from their families and placed Matters Education Fund; and, of need to be protected. in foster care due to child abuse and course, the National District Attorneys In a hearing that we held just this neglect, and about four children die as Association, as well as individuals like last week on the Protect Our Kids Act a result. Michael Petit, Teresa Huizar, who tes- of 2012, I shared the heartbreaking Additionally, in fiscal year 2010 tified before our committee, Kim Day, story of Devin Drake, who is an exam- alone, more than 1,500 children in the Teri Covington and Joan Zlotnick. ple of the type of tragedy we hope to U.S. died due to maltreatment. Of We have a real chance to see this bi- prevent through the work of this im- these, more than 40 percent were under partisan legislation become law this portant commission. the age of 1 year old, and more than 80 very year in the few days that remain. There is similar, bipartisan legislation In August of 2011, Devin Drake was a percent were under the age of 4. 3-year-old boy living just outside of These statistics are absolutely unac- that was introduced last year at the Minneapolis with his mother and her ceptable; and to make matters worse, same time I originally filed the bill boyfriend. Child welfare officials had research has shown that these reports that is authored by Senators KERRY and COLLINS. been in contact with the family pre- substantially underestimate the num- viously, but this wasn’t enough to pre- ber of children who die due to mal- b 1530 vent what happened next. It was on one treatment. I’m hopeful that the Senate will see fateful night that Devin was seriously As a Nation, we have a responsibility the bipartisan action that we have here injured when his mother’s boyfriend to develop effective strategies and so- today and the commitment we have struck him, knocking him down to the lutions to proactively stop this abuse and will move forward with this im- bathroom floor. Devin hit his head and neglect. When children are re- proved version of the legislation quick- hard enough that he had trouble stand- moved from their home, they really be- ly. ing up, but neither his mother nor her come our children, and it is our respon- With that, I yield back the balance of boyfriend took the time to bring him sibility. my time and give my thanks to Chair- to the hospital. While Congress has enacted a variety man PAULSEN. His condition worsened the next day; of laws regarding child welfare and pro- Mr. PAULSEN. Mr. Speaker, I yield and when he was finally taken to the tection, there is no unified, comprehen- myself such time as I may consume.

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Mr. Speaker, the Protect Our Kids Chairman DENHAM and Subcommittee Ranking ference of Chief District Judges for the 9th Cir- Act of 2012 will help us prevent child Member NORTON, the Democratic and Repub- cuit, and she worked with the San Diego Com- fatalities from abuse and neglect. The lican staff of the Committee, and my col- munity Foundation and the Armed Forces commission created by this bill will leagues from California who came together to YMCA. show us how we can improve on our move this legislation honoring two highly de- And, both judges served as role models and current efforts, and it will help provide serving judges and human beings. mentors to countless young attorneys and us with the information we need to By way of background, when this iconic new judges in San Diego. move forward on this issue. courthouse construction project in downtown A Superior Court judge, who appeared be- I urge my colleagues to support the San Diego was nearing completion and the fore Judge Keep as a young prosecutor wrote bill today. time had come to consider a name for the to me: I want to thank not only Chairman new building, my office sought input from the Judy’s presence and words of wisdom CAMP, but Ranking Member DOGGETT San Diego legal community to determine a shaped my own career and trajectory. Even for his leadership and his passion on consensus choice. after her death, her light continues to shine. this issue. After considering hundreds of submissions, I keep her picture in my court chambers to I urge support and yield back the bal- it became clear that, among many worthy op- remind me everyday of what is important in ance of my time. life and about how to arrive at the best deci- tions, San Diegans preferred to honor two sions possible. The SPEAKER pro tempore. The former, prominent San Diegan judges—Judge question is on the motion offered by James Carter or Judge Judy Keep. Judge Carter and Judge Keep served the the gentleman from Michigan (Mr. After reviewing their achievements, I de- public with distinction and truly reflected the CAMP) that the House suspend the rules cided that the right thing to do would be to San Diego legal community’s shared values of and pass the bill, H.R. 6655. honor both of these individuals—as they were excellence and integrity. The question was taken. both true trailblazers in the San Diego commu- The new San Diego Courthouse will be a fit- The SPEAKER pro tempore. In the nity. ting testament to their careers and inspire oth- opinion of the Chair, two-thirds being And reflecting San Diego’s widespread sup- ers in the community to continue to follow their in the affirmative, the ayes have it. port for honoring Judge Carter and Judge path. Mr. PAULSEN. Mr. Speaker, on that Keep my legislation was endorsed by the San Thank you again for your consideration of I demand the yeas and nays. Diego City Council, the San Diego County Bar this legislation honoring these two trailblazing The yeas and nays were ordered. Association, and San Diego’s Mayor at the San Diego public servants. The SPEAKER pro tempore. Pursu- time, Jerry Sanders. U.S. SENATE, ant to clause 8 of rule XX, further pro- Judge Carter was the moving force behind Washington, DC, September 16, 2010. ceedings on this question will be post- the creation of the Southern California District. Representative SUSAN DAVIS, poned. In response to the tremendous population Longworth HOB, Washington, DC. f growth in San Diego after World War II, Judge DEAR REPRESENTATIVE DAVIS: I recently JAMES M. CARTER AND JUDITH N. Carter successfully convinced the Judicial became aware of your efforts to solicit input KEEP UNITED STATES COURT- Conference of the United States to create the on the naming of the new federal courthouse in San Diego, to be opened in 2013. I expect HOUSE Southern District—allowing the people of San Diego and its neighboring communities access you have been receiving many worthy sug- Mr. DENHAM. Mr. Speaker, I ask to the federal court system. gestions from your constituents, and I would unanimous consent that the Com- In 1966, after its creation, Judge Carter be- like to join those who have suggested to you mittee on Transportation and Infra- came the first Chief Judge of the District that the courthouse be named for former fed- structure be discharged from further eral judge James M. Carter. Court, serving in that position until his appoint- Following graduation from Harvard Law consideration of the bill (H.R. 6166) to ment to the 9th Circuit Court of Appeals. School in 1977, I served for a year as law designate the United States courthouse Judge Keep was instrumental in opening up clerk to Judge Carter on the Ninth U.S. Cir- located at 333 West Broadway Street in the San Diego legal field to women. cuit Court of Appeals. I learned a great deal San Diego, California, as the ‘‘James Judge Keep graduated from San Diego Law through this experience and came to admire M. Carter and Judith N. Keep United School as its valedictorian—at a time when Judge Carter as an outstanding federal States Courthouse,’’ and ask for its im- fewer than 5% of lawyers were women! judge. mediate consideration in the House. She then worked as a Staff Attorney at De- Judge Carter was responsible for the legis- The Clerk read the title of the bill. fenders, Inc. where she was the first female lation that first created the Southern Dis- The SPEAKER pro tempore. Is there trict of California, and he would go on to be- staff attorney representing indigent criminal come the District’s founding Chief Judge. objection to the request of the gen- defendants in federal court. Upon his passing in 1979, the local newspaper tleman from California? In 1980, Judge Keep was nominated to be- editorials hailed him as ‘‘The Dean of the There was no objection. come the first female judge for the District San Diego Judiciary’’. The text of the bill is as follows: Court of the Southern District of California, Given the time that has passed since his H.R. 6166 and later she became the District Court’s first service, I recognize many of his contem- Be it enacted by the Senate and House of Rep- female Chief Judge. poraries are no longer with us, and the mem- resentatives of the United States of America in Displaying true dedication to public service, ory of his accomplishments may have faded. Congress assembled, both Judge Carter and Judge Keep worked As one who did have the honor of working with this fine man, I can think of no more SECTION 1. DESIGNATION. tirelessly off the bench to better the San Diego The United States courthouse located at appropriate way to honor his legacy than to community. name this federal courthouse for Judge Car- 333 West Broadway Street in San Diego, Cali- Judge Carter founded the Federal Defend- fornia, shall be known and designated as the ter. ers of San Diego and was instrumental in the Thanks for your consideration. ‘‘James M. Carter and Judith N. Keep United Sincerely, States Courthouse’’. creation of the University of San Diego Law MIKE CRAPO, SEC. 2. REFERENCES. School. Former law clerks of Judge Carter remem- U.S. Senator. Any reference in a law, map, regulation, The bill was ordered to be engrossed document, paper, or other record of the ber him as a giant of his time, a man who was United States to the United States court- revered by the San Diego legal community, and read a third time, was read the house referred to in section 1 shall be deemed and whose service was an example for all third time, and passed, and a motion to to be a reference to the ‘‘James M. Carter those who followed in his footsteps. reconsider was laid on the table. and Judith N. Keep United States Court- Judge Carter even touched the life of one of GENERAL LEAVE house’’. our colleagues, Senator MIKE CRAPO. Like Mr. DENHAM. Mr. Speaker, I ask Mrs. DAVIS of California. Mr. Speaker, I am many law clerks who passed through the unanimous consent that all Members pleased to offer my bill, H.R. 6166, for consid- judge’s chambers, he was in awe of Judge may have 5 legislative days in which to eration to designate the new courthouse at Carter’s service and work. And in Senator revise and extend their remarks and in- 333 West Broadway Street in San Diego as CRAPO’s words, there is ‘‘no more appropriate clude extraneous materials on H.R. the James M. Carter and Judith N. Keep way to honor his legacy than to name this fed- 6166. United States Courthouse. eral courthouse for Judge Carter.’’ The SPEAKER pro tempore. Is there First, I would like to thank Chairman MICA, Judge Keep was a Chair of both the Task objection to the request of the gen- Ranking Member RAHALL, Subcommittee Force on Judicial Wellness and the Con- tleman from California?

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Battin United States Court- unanimous consent that the Com- Frances Morehead, and the two returned house’’. mittee on Transportation and Infra- home to Sherman, where he practiced law for (b) REFERENCES.—Any reference in a law, structure be discharged from further a number of years. In 1985 Senator Phil Gra- map, regulation, document, paper, or other consideration of the bill (H.R. 6633) to ham recommended him to President Ronald record of the United States to the United Reagan for a new judge’s position created for States courthouse referred to in subsection designate the United States courthouse (a)(1) shall be deemed to be a reference to the located at 101 East Pecan Street in the Eastern District of Texas, and he was con- ‘‘James F. Battin United States Court- Sherman, Texas, as the ‘‘Paul Brown firmed that year. He held court in Beaumont, house’’. Paris, Sherman, and Texarkana, and as the United States Courthouse,’’ and ask for The SPEAKER pro tempore. Pursu- caseload in Sherman grew, he eventually pre- its immediate consideration in the ant to the rule, the gentleman from sided over the Sherman courthouse exclu- House. California (Mr. DENHAM) and the gen- sively. The Clerk read the title of the bill. tlewoman from California (Mrs. Premiere cases over the years included in- The SPEAKER pro tempore. Is there NAPOLITANO) each will control 20 min- tellectual property, patent cases, and criminal objection to the request of the gen- utes. tleman from California? cases precipitated by the bank and savings The Chair recognizes the gentleman There was no objection. and loan failures of the 1980s and 1990s. In from California. The text of the bill is as follows: recent years he noted the increase in drug GENERAL LEAVE H.R. 6633 cases and expressed his regret that, in spite of all the efforts that have been made to pros- Mr. DENHAM. Mr. Speaker, I ask Be it enacted by the Senate and House of Rep- unanimous consent that all Members resentatives of the United States of America in ecute drug dealers, the Nation is not making much progress in curtailing the use of drugs. may have 5 legislative days in which to Congress assembled, revise and extend their remarks and in- SECTION 1. DESIGNATION. No matter what type of cases came before him, Judge Brown always enjoyed the work clude extraneous materials on S. 3311. The United States courthouse located at The SPEAKER pro tempore. Is there 101 East Pecan Street in Sherman, Texas, and ran an efficient and orderly courtroom. His shall be known and designated as the ‘‘Paul personal work ethic and judicial integrity were objection to the request of the gen- Brown United States Courthouse’’. remarkable, and his reputation for punctuality tleman from California. SEC. 2. REFERENCES. is legendary. There was no objection. Any reference in a law, map, regulation, As we near adjournment of the 112th Con- Mr. DENHAM. Mr. Speaker, I yield document, paper, or other record of the gress, I ask my colleagues to join me in cele- myself such time as I may consume. United States to the United States court- brating the life of a great American, out- S. 3311 would designate the United house referred to in section 1 shall be deemed standing public servant, and respected jurist. States courthouse located at 2601 2nd to be a reference to the ‘‘Paul Brown United Avenue North, Billings, Montana, as States Courthouse’’. This bill has the support of the Federal judges in the Eastern District, and I ask for your sup- the James F. Battin United States Mr. HALL. Mr. Speaker, I rise in support of port of H.R. 6633, to designate the United Courthouse. H.R. 6633, a bill to designate the United States courthouse in Sherman, Texas, the Judge Battin received his law degree States courthouse located at 101 East Pecan ‘‘Paul Brown United States Courthouse’’. from George Washington University Street in Sherman, Texas, as the ‘‘Paul Brown The bill was ordered to be engrossed Law School in 1951. Prior to attending United States Courthouse’’. Judge Brown was and read a third time, was read the law school during World War II, Judge an outstanding Federal judge who passed third time, and passed, and a motion to Battin served in the United States away on November 26 after 21 years of distin- reconsider was laid on the table. Navy. guished service. Judge Paul Brown was my Early in his career, Judge Battin GENERAL LEAVE good friend, a respected judge, and beloved practiced law in Washington, D.C., and member of the Sherman, Texas community. Mr. DENHAM. Mr. Speaker, I ask in Billings, Montana. Later, he served Judge Brown represented the finest qualities unanimous consent that all Members in a number of public service positions, of jurisprudence. Hanging on his wall in the may have 5 legislative days in which to including deputy county attorney for Sherman Federal Courthouse were Socrates’ revise and extend their remarks and in- Yellowstone County, Montana, and four qualities for a good judge—to hear cour- clude extraneous material on H.R. 6633. city attorney in Billings. teously, to answer wisely, to consider soberly, The SPEAKER pro tempore. Is there In 1958, Judge Battin served as a and to decide impartially. objection to the request of the gen- State representative in Montana, and Judge Brown embodied all of these quali- tleman from California? in 1961 Judge Battin was elected to the ties, and he dispensed justice accordingly. He There was no objection. U.S. House of Representatives and was highly regarded, well-respected, and was f served as a U.S. Representative from a role model for many. JAMES F. BATTIN UNITED STATES Montana until 1969. In 1969, Judge Paul Brown was the youngest of a family of COURTHOUSE Battin was appointed by President six raised on a farm near Pottsboro, TX. He Nixon to be a judge on the U.S. District Mr. DENHAM. Mr. Speaker, I move graduated from Denison High School and al- Court for the District of Montana. Dur- to suspend the rules and pass the bill though underage, he was able to get his par- ing that time, he served as chief judge (S. 3311) to designate the United States ents’ consent to join the U.S. Navy when from ’78 to ’90, when he assumed senior courthouse located at 2601 2nd Avenue World War II broke out. He served on a mine- status. North, Billings, Montana, as the sweeper in both the Atlantic and Pacific Thea- Judge Battin’s commitment to public ‘‘James F. Battin United States Court- ters and as a part of the occupation forces in service is clear. I believe his dedication house.’’ Japan. He was discharged as an Electrician’s to serving this Nation makes it fitting The Clerk read the title of the bill. Mate 2nd Class in June 1946. to name this courthouse after him. The text of the bill is as follows: He returned to his studies and received a I support passage of this legislation law degree in 1950 from the University of S. 3311 and urge my colleagues to do the same. Texas before being recalled to active duty in Be it enacted by the Senate and House of Rep- Mr. Speaker, I reserve the balance of the Korean war. He saw combat aboard a resentatives of the United States of America in my time. Congress assembled, minesweeper which was sunk by mines, and Mrs. NAPOLITANO. Mr. Speaker, I SECTION 1. JAMES F. BATTIN UNITED STATES he received an honorable discharge in De- COURTHOUSE. yield myself such time as I may con- cember 1951. (a) IN GENERAL.— sume. Judge Brown worked as an assistant U.S. (1) DESIGNATION.—The United States court- Mr. Speaker, I rise in support of S. Attorney in Texarkana under U.S. Attorney house located at 2601 2nd Avenue North, Bil- 3311. It’s a bill to designate the court- William Steger—who would become his men- lings, Montana, shall be known and des- house in Billings, Montana, as the

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Its (3) won 2 Gold Medals in the Olympic spe- in 1969, President Nixon appointed cial and giant slalom races at the 1952 Win- companion measure in the House, I James Battin to the Federal bench in ter Olympics in Oslo, Norway, and remains might add, is authored by our col- Billings, Montana, where he continued the only United States double-gold medalist league from California (Mr. MCKEON). his 40 years of public service to the in alpine skiing; With that, I reserve the balance of citizens of that State. In 1978, Judge (4) was inducted into the U.S. National Ski my time. Battin was appointed chief judge and Hall of Fame in 1958 at the age of 25; Mr. GRIJALVA. Mr. Speaker, I yield served in that position for 12 years. He (5) moved in 1968 to Mammoth Lakes in the myself such time as I may consume. remained active in judicial affairs until spectacularly beautiful Eastern Sierra of The bill designates an unnamed California, a place that she fought to protect his death in September of 1996. mountain peak at the northern border for the rest of her life; of the Ansel Adams Wilderness and Yo- Prior to his judicial appointment, (6) founded the Friends of Mammoth to Judge Battin served, as was mentioned, maintain the beauty and serenity of Mam- semite National Park in California as in the House of Representatives, rep- moth Lakes and the Eastern Sierra; Mt. Andrea Lawrence. resenting eastern Montana from 1960 to (7) served for 16 years on the Mono County Andrea Lawrence, a former Olympic 1969, when he resigned to receive his ju- Board of Supervisors, where she worked tire- skier and inductee into the U.S. Na- dicial appointment. While in this Con- lessly to protect and restore Mono Lake, tional Ski Hall of Fame, was a commu- gress, Judge Battin served on the Judi- Bodie State Historic Park, and other impor- nity leader in northern California who tant natural and cultural landscapes of the ciary Committee, the Foreign Affairs worked to protect these special places Eastern Sierra; and communities in the eastern Sier- Committee, and the Ways and Means (8) worked, as a member of the Great Basin Committee. Air Pollution Control District, to reduce air ras. Judge Battin was also a World War II pollution that had been caused by the We applaud Senator BOXER and Con- Navy veteran, a member of the Mon- dewatering of Owens Lake; gressman MCKEON for this legislation, tana State Legislature, and also Bil- (9) founded the Andrea Lawrence Institute and we support its passage. lings city attorney and general counsel for Mountains and Rivers in 2003 to work for I yield back the balance of my time. for the Billings planning board. environmental protection and economic vi- Mr. HASTINGS of Washington. I tality in the region she loved so much; yield back the balance of my time. It is fitting to honor the contribu- (10) testified in 2008 before the Mono Coun- tions Judge Battin, a great hero to Mr. MCKEON. Mr. Speaker, I speak in favor ty Board of Supervisors in favor of the East- of S. 925, to name a peak in the Eastern Si- Montana, has made to public service ern Sierra and Northern San Gabriel Wild with the designation of the U.S. court- Heritage Act, a bill that was enacted the day erra in honor of Andrea Mead Lawrence. This house in Billings, Montana, as the before she died; legislation is a companion bill to my House James F. Battin United States Court- (11) passed away on March 31, 2009, at 76 version, H.R. 1818. I would like to thank Sen- house. years of age, leaving 5 children, Cortlandt, ator BOXER for working with me to ensure the I urge support of S. 3311 and urge my Matthew, Deirdre, Leslie, and Quentin, and 4 legacy of a great woman who called the East- grandchildren; and colleagues to also support the bill. ern Sierra home. Let me also express my ap- (12) leaves a rich legacy that will continue preciation to the leaders of the Committee on I yield back the balance of my time, to benefit present and future generations. Natural Resources, Chairman HASTINGS and Mr. Speaker. SEC. 3. DESIGNATION OF MT. ANDREA LAW- Mr. DENHAM. Mr. Speaker, I yield RENCE. Ranking Member MARKEY who worked to help back the balance of my time. (a) IN GENERAL.—Peak 12,240 (which is lo- bring this legislation to the floor today, as well The SPEAKER pro tempore. The cated 0.6 miles northeast of Donahue Peak as Majority Leader CANTOR for allowing this question is on the motion offered by on the northern border of the Ansel Adams bill to move. Wilderness and Yosemite National Park Andrea Mead Lawrence was a remarkable the gentleman from California (Mr. (UTM coordinates Zone 11, 304428 E, 4183631 DENHAM) that the House suspend the woman. I was honored to know and work with N)) shall be known and designated as ‘‘Mt. her for the protection of the Eastern Sierra, a rules and pass the bill, S. 3311. Andrea Lawrence’’. The question was taken; and (two- (b) REFERENCES.—Any reference in a law, cause she championed for much of her life. thirds being in the affirmative) the map, regulation, document, record, or other Born in Rutland County, Vermont on April 19, rules were suspended and the bill was paper of the United States to the peak de- 1932, she developed a life-long love of winter scribed in subsection (a) shall be considered sports and appreciation for the environment. A passed. to be a reference to ‘‘Mt. Andrea Lawrence’’. A motion to reconsider was laid on skilled skier, she competed in the 1948 Winter The SPEAKER pro tempore. Pursu- the table. Olympics in St. Moritz, Switzerland as well as ant to the rule, the gentleman from the 1956 Winter Olympics in Cortina f Washington (Mr. HASTINGS) and the d’Ampezzo, Italy. She also served as the torch b 1540 gentleman from Arizona (Mr. GRI- lighter at the 1960 Winter Olympics in Squaw JALVA) each will control 20 minutes. Valley, California. In the 1952 Winter Olympics MT. ANDREA LAWRENCE The Chair recognizes the gentleman DESIGNATION ACT OF 2011 in Oslo, Norway, she won two Gold Medals in from Washington. the Olympic special and giant slalom races. Mr. HASTINGS of Washington. Mr. GENERAL LEAVE For her significant accomplishments, she was Speaker, I move to suspend the rules Mr. HASTINGS of Washington. Mr. inducted into the U.S. National Ski Hall of and pass the bill (S. 925) to designate Speaker, I ask unanimous consent that Fame in 1958, at the age of 25. Mt. Andrea Lawrence. all Members may have 5 legislative These remarkable achievements at a young The Clerk read the title of the bill. days to revise and extend their re- age, however, were just the beginning of a life The text of the bill is as follows: marks and to include extraneous mate- of service to her community and environ- S. 925 rial on the bill under consideration. mental preservation. In 1968, Andrea moved The SPEAKER pro tempore. Is there to Mammoth Lakes in the spectacularly beau- Be it enacted by the Senate and House of Rep- objection to the request of the gen- resentatives of the United States of America in tiful Eastern Sierra of California. It was in this Congress assembled, tleman from Washington? There was no objection. special region she spent the rest of her life SECTION 1. SHORT TITLE. Mr. HASTINGS of Washington. Mr. working to protect the area’s natural treasures. This Act may be cited as the ‘‘Mt. Andrea Speaker, I yield myself such time as I Never one to rest on her accomplishments, Lawrence Designation Act of 2011’’. may consume. she founded the Friends of Mammoth to main- SEC. 2. FINDINGS. S. 925 will designate an unnamed tain the beauty and serenity of Mammoth Congress finds that Andrea Mead Law- mountain near Yosemite National Lakes and the Eastern Sierra. She served for rence— 16 years on the Mono County Board of Super- (1) was born in Rutland County, Vermont, Park in California as Mt. Andrea Law- on April 19, 1932, where she developed a life- rence in honor of the late Olympic visors, where she worked tirelessly to protect long love of winter sports and appreciation skier and local community leader in and restore Mono Lake, Bodie State Historic for the environment; that area. Park, and other important natural and cultural (2) competed in the 1948 Winter Olympics Similar legislation passed the House landscapes of the Eastern Sierra. As a mem- in St. Moritz, Switzerland, and the 1956 Win- by voice vote in the last Congress, leg- ber of the Great Basin Air Pollution Control

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7320 CONGRESSIONAL RECORD — HOUSE December 19, 2012 District, she worked to reduce air pollution Federal agency, be a candidate for elective (2) EXCEPTION.—The amendment made by caused by the dewatering of Owens Lake. In office.’’. section 4 shall not apply with respect to an 2003, she founded the Andrea Lawrence Insti- SEC. 3. APPLICABILITY OF PROVISIONS RELAT- alleged violation if, before the effective date ING TO STATE AND LOCAL EMPLOY- of this Act— tute for Mountains and Rivers to protect the EES. (A) the Special Counsel has presented a environment and the economic vitality of this (a) STATE OR LOCAL AGENCY.—Section complaint for disciplinary action, under sec- important region. 1501(2) of title 5, United States Code, is tion 1215 of title 5, United States Code, with In 2008, she testified before the Mono amended by inserting ‘‘, or the executive respect to the alleged violation; or County Board of Supervisors in favor of the branch of the District of Columbia, or an (B) the employee alleged to have com- Eastern Sierra and Northern San Gabriel Wild agency or department thereof’’ before the mitted the violation has entered into a Heritage Act, a bill enacted the day before she semicolon. signed settlement agreement with the Spe- (b) STATE OR LOCAL OFFICER OR EM- died on March 31, 2009 at the age of 76. An- cial Counsel with respect to the alleged vio- PLOYEE.—Section 1501(4) of title 5, United drea left a rich legacy of a family of five chil- lation. States Code, is amended by striking subpara- The SPEAKER pro tempore. Pursu- dren and four grandchildren, as well as a dis- graph (B) and inserting the following: tinguished record in skiing. Her tireless efforts ‘‘(B) an individual employed by an edu- ant to the rule, the gentleman from have left a better legacy for the people who cational or research institution, establish- Texas (Mr. FARENTHOLD) and the gen- live and recreate in the Eastern Sierra. ment, agency, or system which is supported tleman from Missouri (Mr. CLAY) each Andrea Mead Lawrence’s life philosophy is in whole or in part by— will control 20 minutes. summed up in her quote ‘‘Your life doesn’t ‘‘(i) a State or political subdivision there- The Chair recognizes the gentleman stop by winning medals. It’s only the begin- of; from Texas. ‘‘(ii) the District of Columbia; or GENERAL LEAVE ning. And if you have the true Olympic spirit, ‘‘(iii) a recognized religious, philanthropic, you have to put it back into the world in mean- or cultural organization.’’. Mr. FARENTHOLD. Mr. Speaker, I ingful ways.’’ Mr. Speaker, it is very fitting to (c) EXCEPTION OF CERTAIN OFFICERS.—Sec- ask unanimous consent that all Mem- name Peak 12,240 ‘‘Mt. Andrea Lawrence’’; tion 1502(c)(3) of title 5, United States Code, bers may have 5 legislative days in both in her honor, and as a visible point of in- is amended— which to revise and extend their re- spiration for future generations. (1) by striking ‘‘ ‘or municipality’’ and in- marks and include extraneous material The SPEAKER pro tempore. The serting ‘‘, municipality, or the District of on the bill under consideration. question is on the motion offered by Columbia’ ’’; and The SPEAKER pro tempore. Is there (2) by striking ‘‘ ‘or municipal’’ and insert- objection to the request of the gen- the gentleman from Washington (Mr. ing ‘‘, municipal, or the District of Colum- HASTINGS) that the House suspend the bia’ ’’. tleman from Texas? rules and pass the bill, S. 925. (d) MERIT SYSTEMS PROTECTION BOARD OR- There was no objection. The question was taken. DERS.—Section 1506(a)(2) of title 5, United Mr. FARENTHOLD. Mr. Speaker, I The SPEAKER pro tempore. In the States Code, is amended by inserting ‘‘(or in yield myself such time as I may con- opinion of the Chair, two-thirds being the case of the District of Columbia, in the sume. in the affirmative, the ayes have it. District of Columbia)’’ after ‘‘the same The adoption today of S. 2170 will Mr. GRIJALVA. Mr. Speaker, I ob- State’’. mark an important step in the Over- (e) PROVISIONS RELATING TO FEDERAL EM- sight and Government Reform Commit- ject to the vote on the ground that a PLOYEES MADE INAPPLICABLE.—Section quorum is not present and make the 7322(1) of title 5, United States Code, is tee’s long-term effort to modernize the point of order that a quorum is not amended— Hatch Act. present. (1) in subparagraph (A), by adding ‘‘or’’ at At its best, the Hatch Act keeps par- The SPEAKER pro tempore. Pursu- the end; tisan politics out of the workplace and ant to clause 8 of rule XX, further pro- (2) in subparagraph (B), by striking ‘‘or’’ at prevents those in political power from ceedings on this question will be post- the end; abusing their authority to advance par- poned. (3) by striking subparagraph (C); and tisan political causes. At its worst, (4) by striking ‘‘services;’’ and inserting The point of no quorum is considered however, the Hatch Act causes the Fed- ‘‘services or an individual employed or hold- eral Government to unnecessarily withdrawn. ing office in the government of the District f of Columbia;’’. interfere with the rights of well-quali- (f) EMPLOYEES RESIDING IN CERTAIN MUNICI- fied candidates to run for local office. HATCH ACT MODERNIZATION ACT PALITIES.—Section 7325(1) of title 5, United S. 2170 addresses these flaws by eas- OF 2012 States Code, is amended to read as follows: ing restrictions on State and local gov- Mr. FARENTHOLD. Mr. Speaker, I ‘‘(1) the municipality or political subdivi- ernment employees and on employees move to suspend the rules and pass the sion is— of the District of Columbia Govern- bill (S. 2170) to amend the provisions of ‘‘(A) the District of Columbia; ment who are covered by the Hatch ‘‘(B) in Maryland or Virginia and in the title 5, United States Code, which are immediate vicinity of the District of Colum- Act. The bill also provides a greater commonly referred to as the ‘‘Hatch bia; or range of penalties, in addition to ter- Act’’, to scale back the provision for- ‘‘(C) a municipality in which the majority mination, for those Federal employees bidding certain State and local em- of voters are employed by the Government of who violate the law. S. 2170 will allow ployees from seeking elective office, the United States; and’’. more individuals the right to run for clarify the application of certain provi- SEC. 4. HATCH ACT PENALTIES FOR FEDERAL public office without violating the sions to the District of Columbia, and EMPLOYEES. Hatch Act. modify the penalties which may be im- Chapter 73 of title 5, United States Code, is Under current law, State and local amended by striking section 7326 and insert- government employees may not run for posed for certain violations under sub- ing the following: chapter III of chapter 73 of that title. partisan office if their jobs are con- The Clerk read the title of the bill. ‘‘§ 7326. Penalties nected to Federal funding. For exam- The text of the bill is as follows: ‘‘An employee or individual who violates ple, in Pennsylvania, a K–9 officer was section 7323 or 7324 shall be subject to re- S. 2170 moval, reduction in grade, debarment from not allowed to run for a local school Be it enacted by the Senate and House of Rep- Federal employment for a period not to ex- board because his partner, a black Lab- resentatives of the United States of America in ceed 5 years, suspension, reprimand, or an rador, was tied to funding from the De- Congress assembled, assessment of a civil penalty not to exceed partment of Homeland Security. In an- SECTION 1. SHORT TITLE. $1,000.’’. other case, the U.S. Office of Special This Act may be cited as the ‘‘Hatch Act SEC. 5. EFFECTIVE DATE. Counsel advised an ambulance driver Modernization Act of 2012’’. (a) IN GENERAL.—This Act and the amend- that he would violate the Hatch Act if SEC. 2. PERMITTING STATE AND LOCAL EMPLOY- ments made by this Act shall take effect 30 he ran for county coroner because some EES TO BE CANDIDATES FOR ELEC- days after the date of enactment of this Act. of the patients he transported received TIVE OFFICE. (b) APPLICABILITY RULE.— Medicaid. Section 1502(a)(3) of title 5, United States (1) IN GENERAL.—Except as provided in Code, is amended to read as follows: paragraph (2), the amendment made by sec- In enforcing the Hatch Act, the Of- ‘‘(3) if the salary of the employee is paid tion 4 shall apply with respect to any viola- fice of Special Counsel routinely ad- completely, directly or indirectly, by loans tion occurring before, on, or after the effec- vises deputy sheriffs they are ineligible or grants made by the United States or a tive date of this Act. to run for sheriff, and the number of

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7321 local law enforcement Hatch Act cases employees who violate the Hatch Act these Federal entities to have violated has dramatically increased with the in- to be terminated unless the Merit Sys- the Hatch Act in December 2011. Chief flux of Federal dollars to local police tems Protection Board unanimously Greiner was not only fired by Ogden departments as a result of the attacks votes for a lesser penalty. Jon Adler, City for his violation, but was also on September 11, 2001. The best can- the president of the Federal Law En- banned by the Federal Government didates for local law enforcement and forcement Officers Association, testi- from serving as a law enforcement offi- other positions are often disqualified fied that this penalty system is draco- cer in Utah for 18 months. from participating in local elections. nian. And what did Chief Greiner do to de- The concern is especially acute in rural The third reform made by this bill is serve such punishment? He simply areas, where the pool of candidates for to treat District of Columbia employ- signed a required quarterly report for a elective office is limited by the popu- ees like State and local government Federal technology grant awarded to lation. employees under the Hatch Act. upgrade the Weber and Morgan County, Congressman LATTA has led the way b 1550 Utah, emergency dispatch center—a in championing Hatch Act reform for Federal grant that didn’t even directly State and local sheriffs. The National This is a commonsense change. benefit the Ogden City Police Depart- Sheriffs Association has noted that the In closing, I support the Hatch Act ment but, instead, was designed to en- current law ‘‘severely limits the num- Modernization Act, and I hope that hance the dispatch capabilities for the ber of qualified candidates for sheriff.’’ every Member of the House will sup- entire county. Chief Greiner didn’t re- The OSC is required by law to inter- port this bill so that it can become law. ceive a cent of the money in his pay- vene in State and local contests hun- Mr. Speaker, I ask that we pass the check nor did his department. He was dreds of times a year through formal underlying bill, and I reserve the bal- simply the department and city’s point investigations. The OSC also issues ance of my time. of contact after one pen stroke ended thousands of advisory opinions annu- Mr. FARENTHOLD. Mr. Speaker, at an exemplary career of nearly four dec- ally to potential State and local can- this time I’d like to yield 3 minutes to ades of distinguished public service. didates. Approximately 45 percent of my friend and colleague, Mr. CHAFFETZ Thankfully, Mr. Speaker, section 2 of the OSC’s overall Hatch Act case load, of Utah, a member of the Oversight and S. 2170 will now make it possible for including more than 500 investigations Government Reform Committee. State and local public servants whose over the past 2 years, involves State Mr. CHAFFETZ. Mr. Speaker, I job is connected to Federal funding to and local campaign cases. These cases thank the gentleman from Texas. I rise be able to run for office—while still do not involve any allegations of coer- in support of S. 2170, the Hatch Act preventing those who are paid com- cive or abusive political conduct. Modernization Act of 2012. I’d also like pletely by the Federal Government Investigating hundreds of State and to thank and commend Ranking Mem- from running for office. local campaigns annually is a poor use ber CUMMINGS and his work with Chair- Sadly, Mr. Speaker, Chief Greiner’s of the OSC’s limited budget, and it cre- man ISSA for bringing this bill to the Hatch Act violation, while absurd, has ates a burden on States and localities floor on a bipartisan and a bicameral occurred all over the country. I’m that must respond to these investiga- basis. happy to say, after this legislation is tions. The U.S. Office of Special Coun- I also want to commend Senator passed, it should never, ever happen sel should be spending its limited re- MIKE LEE for his tireless work on this, again. I urge my colleagues to join me sources on investigations of waste, his concern, particularly on what hap- in supporting this bipartisan, bi- fraud, and abuse in the Federal Govern- pened in Utah, and his good work with cameral piece of legislation. ment. It should not be spent inter- Senator AKAKA. The bill wouldn’t be Again, I thank Chairman ISSA for fering with State and local elections here today without their good work, making this happen and for the work of and disqualifying qualified candidates and I commend them both for working, Ranking Member CUMMINGS. from seeking elective office. again, in a bipartisan way. Mr. CLAY. Mr. Speaker, at this time, With that, I reserve the balance of I am also a proud cosponsor of H.R. I yield 5 minutes to the gentleman my time. 4152, sponsored by Ranking Member from Maryland, ELIJAH CUMMINGS, the Mr. CLAY. Mr. Speaker, I yield my- CUMMINGS—I’m glad to come together chief sponsor of the bill. self such time as I may consume. with him—which is the House com- Mr. CUMMINGS. Mr. Speaker, I I rise in support of S. 2170, the Hatch panion to S. 2170. S. 2170 makes com- thank the gentleman for yielding, and Act Modernization Act. This needed monsense, long overdue reforms to the I rise in strong support of the Hatch bill is based on recommendations from Hatch Act, which became law nearly 75 Act Modernization Act. the head of the U.S. Office of Special years ago. While the numerous reforms Senator AKAKA and I introduced this Counsel, Carolyn Lerner. This legisla- this legislation includes are all impor- legislation, along with a number of our tion was introduced by Senator DANIEL tant, I’d like to highlight the critical distinguished colleagues on both sides AKAKA, along with the ranking member reform made by section 2 of this bill. of the aisle. The bill incorporates rec- of the Oversight Committee, ELIJAH In May of this year, the Oversight ommendations for reform that the Spe- CUMMINGS. This bill will make three and Government Reform Sub- cial Counsel Carolyn Lerner sent to key reforms: committee with jurisdiction over the Congress last year. I want to thank The first reform will allow State and Federal workforce held a hearing where Senator AKAKA not only for his work local government workers to run for members heard of the ongoing prob- on this bill, but for everything he has political office. The Hatch Act pro- lems with the Hatch Act and options done for Federal workers. hibits any of these employees from for reform. At the hearing, the sub- I would also like to take a moment running in a partisan political election committee heard from my fellow to thank my good friend Representa- if their jobs involve Federal funding. Utahn Jon Greiner, an individual tive JASON CHAFFETZ, the chairman of This creates problems for many gov- whose experience with the Hatch Act the National Security Subcommittee, ernment workers who are otherwise has become far too common and is the for his very hard work in support of well qualified to run for local office. reason why we’re here today. this legislation, as well as Chairman For example, Mr. Jon Greiner had to In 2006, Mr. Greiner, while serving as ISSA for helping to bring this bill to the be fired as police chief of Ogden, Utah, the chief of the Ogden City Utah Police floor today. because he ran for a State senate seat Department, was elected to the Utah This legislation makes commonsense and won. Ms. Kristin DiCenso, an Illi- State Senate. While this occasion reforms to the Hatch Act that are nois State employee, was prevented would presumably be joyous, unfortu- much needed. The Hatch Act was from running for court clerk. In re- nately for Chief Greiner, it was the be- passed to ensure that Federal Govern- sponse to this barrier, she said, ‘‘I was ginning of a 5-year legal battle with ment employees work on behalf of the utterly deflated. It’s insanity.’’ the Federal entities charged with the American people rather than whatever The second reform would institute a enforcing of the Hatch Act. At the end political party is in power. The law less severe range of penalties for Hatch of the long and costly legal battle, works well most of the time, but it has Act violations. Current law requires Chief Greiner was ultimately found by had some unintended consequences.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7322 CONGRESSIONAL RECORD — HOUSE December 19, 2012 Currently, the Hatch Act prohibits The Port of Albany, in New York, got stim- ernization Act is a step in the right di- State and local government employees ulus funds to rebuild its dock and wharf, so rection and will do a great deal to from running for partisan political of- we told Terrence P. Hurley, who is the port’s make sure that highly qualified men fice if they work on programs that re- chief financial officer, that he could not run and women are able to run for the of- in last month’s Democratic primary for the ceive Federal funding. This can and has county legislature. fice of sheriff or other elected posi- led to some unfair and absurd results. Increasingly, the act is being used as a po- tions. For example, Matthew Arlen, a transit litical weapon to disqualify otherwise well- I want to thank Congressman TIM officer in Philadelphia, was barred qualified candidates, even when there is no HOLDEN for his partnership with me in from running for his school board be- indication of wrongdoing. An allegation that this Congress on my legislation, Hatch cause his canine partner was paid for a candidate has violated federal law—simply Act reform for State and local law en- by a Federal grant. Officer Arlen told by stepping forward to run—can cast a cloud. forcement officers, and I look forward Of course, the would-be candidate could The Washington Post: to continuing to work on this issue in give up his day job. But the day job usually the upcoming Congress. I was upset because I truly believed I had pays the rent, and many of the elective of- something to offer my community. fices being sought pay little or nothing. Mr. CLAY. Mr. Speaker, at this time I’d like to yield 5 minutes to the gen- Mr. Speaker, I include in the RECORD Forcing people to resign in order to partici- tlewoman from the District of Colum- a New York Times op-ed by Special pate in the democratic process is unfair and bia (Ms. NORTON). Counsel Carolyn Lerner. In her op-ed, bad policy. Sheriffs’ offices are especially affected. 1600 Special Counsel Lerner wrote: Since 9/11, federal grants to state and local b Increasingly, the act is being used as a po- law enforcement have soared. Deputies are Ms. NORTON. Mr. Speaker, I thank litical weapon to disqualify otherwise well- commonly the most knowledgeable and ca- the gentleman for yielding and for his qualified candidates even when there is no pable potential candidates, but they are in- work in helping to bring this bill to the indication of wrongdoing. eligible to succeed their bosses because of floor today. This bill will fix that. the influx of federal money. I especially want to thank the rank- Anthony C. Nelson is on next month’s bal- ing member of the Oversight and Gov- The Hatch Act Modernization Act lot for sheriff in Lowndes County, Miss. He also creates a range of penalties for stepped up after the previous Democratic ernment Reform Committee, ELIJAH Hatch Act violations. Currently, the nominee, an acting police chief, left the race CUMMINGS, who introduced the Hatch only available penalty for violation of over a Hatch Act problem. Then Mr. Nelson, Act Modernization Act of 2012 in the the Hatch Act, no matter how minor the head of the local juvenile detention cen- House, and to thank Senator DANIEL the violation, is termination, unless ter, was himself accused of violating the act. AKAKA, who introduced the bill in the the Merit Systems Protections Board An investigation by our office found that the Senate. votes unanimously to impose a lesser center got no federal funding, so he remains I want to especially thank Chairman on the ballot. DARRELL ISSA, who held very produc- penalty. Under this legislation, the I have sent Congress proposed legislation Board will have the ability to impose a to fix the Hatch Act by removing restric- tive and revealing hearings on the punishment that fits the crime. tions on state and local government workers Hatch Act during this session, without This legislation also ensures that the who want to run for elected office. This which this bill could not have come to District of Columbia employees are would not cost taxpayers anything. It would the floor today. treated similarly to State and local demonstrate respect for the independence of And I thank our friends in the Sen- government employees rather than as state and local elections, and would allow ate, Senators JOSEPH LIEBERMAN and Federal employees. qualified candidates to serve their commu- SUSAN COLLINS, who had their own nities as elected officials. The Hatch Act Modernization Act hearings to modernize the Hatch Act, makes reforms that are much needed, Mr. FARENTHOLD. Mr. Speaker, I’d and who supported the provisions of that are bipartisan, noncontroversial, like to yield 2 minutes to the distin- this bill that pertain to the District of and widely supported. I urge my col- guished gentleman from Ohio (Mr. Columbia only. leagues to support the bill and send it LATTA). The Hatch Act Modernization Act of Mr. LATTA. Mr. Speaker, I thank to the President for his signature. 2012 contains two of our longtime pri- the gentleman for yielding. Again, I want to thank all of my col- ority bills for the district—the District I rise today in support of the Hatch leagues for joining in on this effort to of Columbia Hatch Act Reform Act and Act Modernization Act of 2012. I want make this commonsense bill law. the Hatch Act National Capital Region to applaud Chairman ISSA for the over- Parity Act—giving D.C. full equality [From the New York Times, Oct. 30, 2011] sight and work he has done on the under the Federal Hatch Act. A LAW MISUSED FOR POLITICAL ENDS Hatch Act reform during this Congress Our first bill, the District of Colum- (By Carolyn N. Lerner) and thank him for working with me. bia Hatch Act Reform Act, which is in- WASHINGTON.—The federal agency I lead, I’m particularly pleased that the legis- cluded in this bill, passed the House in the United States Office of Special Counsel, lation before us today contains a major the last Congress but stalled in the enforces a law that is broken and needs to be piece of my legislation, H.R. 498, the Senate. I have been fighting for the bill fixed. State and Local Law Enforcement The law, the Hatch Act of 1939, was in- for most of my term of service in the tended to keep improper politics out of the Hatch Act Reform Act. Congress. federal workplace. At its best, it prevents Currently, more than six decades The D.C. Hatch Act Reform Act people in political power from abusing their since the enactment of the original eliminates discriminatory treatment of positions. It prohibits coercion by a govern- Hatch Act, there is virtually no law en- the District of Columbia, which, alone ment supervisor—such as pressuring employ- forcement agency that does not receive among U.S. jurisdictions, still falls ees to volunteer for or contribute to a cam- some amount or type of Federal funds. under the Federal Hatch Act, as it did paign—and shields the civil service and the Consequently, almost all State or local before Congress made the District an federal workplace from politicking. law enforcement officers are covered independent jurisdiction in 1973 able to But at its worst, the law prevents would-be under the Hatch Act and must quit candidates in state and local races from run- enact its own local laws. ning because they are in some way, no mat- their jobs to run for the office of sher- My provision retains Federal Hatch ter how trivially, tied to a source of federal iff. This reality discourages experi- Act authority concerning prohibited funds in their professional lives. Our case- enced individuals from running for the partisan and political activity that ap- load in these matters quintupled to 526 com- position and places a serious financial plies to every locality upon receipt of plaints in the 2010 fiscal year, from 98 in 2000. burden on them. Federal funds or functions, and re- We advised individuals on this law 4,320 Reform to the current version of the quires the District to enact its own times in 2010. Hatch Act is sorely needed. With the local Hatch Act barring similar local Matthew P. Arlen is a police officer for the passage of the Hatch Act Moderniza- violations. And I’m pleased to say that Southeastern Pennsylvania Transportation Authority. A Republican, he wanted to run tion Act, we will ensure that citizens the District has already done that and for the school board, but we told him in June have the opportunity to elect the best is waiting only for passage of this bill he could not because his bomb-sniffing dog is candidate as their sheriff. and for signing by the President. funded through the Department of Homeland Further reform to the Hatch Act is Hatch Act violations in the District Security. still needed, but the Hatch Act Mod- are rare, but the District needs to be

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7323 able to enforce its own Hatch Act to be Mr. FARENTHOLD. Mr. Speaker, I PUBLIC INTEREST DECLASSIFICA- fully accountable and responsible for have no other speakers at this time, TION BOARD REAUTHORIZATION local violations, with which only a and continue to reserve the balance of ACT OF 2012 local objective body would be familiar. my time. Mr. FARENTHOLD. Mr. Speaker, I The present treatment of District Mr. CLAY. Mr. Speaker, I have no move to suspend the rules and pass the employees under the Hatch Act, as if further speakers on this bill. I yield bill (S. 3564) to extend the Public Inter- these employees of a local government back the balance of my time. est Declassification Act of 2000 until were employees of a Federal agency, Mr. FARENTHOLD. Mr. Speaker, I’d 2014 and for other purposes. has led to confusion for the Office of like to take this one final opportunity The Clerk read the title of the bill. Special Counsel, or OSC, which en- to urge my colleagues to support the The text of the bill is as follows: forces the Hatch Act. Hatch Act Modernization Act of 2012. S. 3564 In a recent case, an advisory neigh- We’ve heard from speakers on both Be it enacted by the Senate and House of Rep- borhood commissioner, elected by the sides of the aisle indicating some of the people of the District of Columbia, was resentatives of the United States of America in absurd results that we have seen as a Congress assembled, cited for violations of the Hatch Act result of this act, none more glaring when he ran for higher office, even SECTION 1. SHORT TITLE. than the officer whose canine partner, This Act may be cited as the ‘‘Public Inter- though these commissioners are elect- a Labrador named Haynes, was prohib- est Declassification Board Reauthorization ed officials under local D.C. law. ited from running for office. Act of 2012’’. Or to cite another absurdity, the Dis- With that, and all the other exam- SEC. 2. PUBLIC INTEREST DECLASSIFICATION trict of Columbia will have its first ples, I think it’s clear we need to sup- BOARD. election for a partisan attorney general port passage of S. 2170. (a) SUBSEQUENT APPOINTMENT.—Section in 2014. Under current law, the winner I see the chairman has asked for 703(c)(2)(D) of the Public Interest Declas- of that election would be treated as if some time. If my colleague on the sification Act of 2000 (Public Law 106–567; 50 he were a Federal employee. That U.S.C. 435 note) is amended by striking the other side of the aisle doesn’t object, I period at the end and inserting ‘‘from the would mean that the person who won would like to yield 2 minutes to the the office of attorney general for the date of the appointment.’’. chairman, Mr. ISSA. (b) VACANCY.—Section 703(c)(3) of the Pub- District of Columbia would have to re- Mr. ISSA. Mr. Speaker, I want to lic Interest Declassification Act of 2000 (Pub- sign that office in order to seek reelec- thank my colleagues on both sides of lic Law 106–567; 50 U.S.C. 435 note) is amend- tion in 2018. And this is not what the the aisle, particularly my friend, Mr. ed by striking ‘‘A member of the Board ap- Federal Hatch Act, let alone a local CLAY. pointed to fill a vacancy before the expira- Hatch Act, would have intended. It is not often that we get to come tion of a term shall serve for the remainder As a result of the failure to clear up of the term.’’. here as a committee and talk about the confusion between local and Fed- (c) EXTENSION OF SUNSET.—Section 710(b) something that, in fact, affects per- eral jurisdictions, the application of of the Public Interest Declassification Act of ceived government cronyism and mis- the Hatch Act to D.C. government em- 2000 (Public Law 106–567; 50 U.S.C. 435 note) is conduct, a law that protects the Amer- ployees has been inconsistent by the amended by striking ‘‘2012.’’ inserting ican people against politics getting ‘‘2014.’’. OSC. The present law leaves the OSC into your government, and then say, with local responsibility when Federal The SPEAKER pro tempore. Pursu- but we need to reduce it a little. We jurisdiction is not indicated. This fix, ant to the rule, the gentleman from need to make it a little tighter. therefore, is long overdue. Texas (Mr. FARENTHOLD) and the gen- Our second bill, the Hatch Act Na- This is an example where, as many of tleman from Missouri (Mr. CLAY) each tional Capital Region Parity Act, al- my colleagues have said, unintended will control 20 minutes. lows OPM to permit Federal employees consequences have made a good bill The Chair recognizes the gentleman who reside in the District to run as into a bill that stifles the opportunity from Texas. and legitimate political activity that independent candidates in local par- b 1610 tisan elections. Under the Hatch Act, occurs by people serving in State and GENERAL LEAVE Federal employees generally may not local office. be candidates in partisan elections. So I join with my colleagues on both Mr. FARENTHOLD. Mr. Speaker, I The SPEAKER pro tempore. The sides of the aisle, with my good friend ask unanimous consent that all Mem- time of the gentlewoman has expired. from the District of Columbia, and say bers have 5 legislative days to revise Mr. CLAY. I yield an additional this is the time in which we’re making and extend their remarks and include minute to the gentlewoman. small technical changes that make a extraneous material on the bill under Ms. NORTON. In the 1940s, Congress big difference to our political land- consideration. gave OPM the authority to exempt scape around the country, and in a The SPEAKER pro tempore. Is there Federal employees living in towns in good way. objection to the request of the gen- Maryland, Virginia, and the immediate We want to make sure that we have tleman from Texas? vicinity of the District from the Hatch the opportunity to have everyone par- There was no objection. Act’s prohibition on Federal employees ticipate, and I want to thank Members Mr. FARENTHOLD. I yield myself running in partisan elections, so that of both parties for bringing this bill. such time as I may consume. towns with a high concentration of And I want to particularly thank my S. 3564, the Public Interest Declas- Federal employees would not be de- colleague, Mr. CUMMINGS, for his effort sification Board Act, reauthorizes the prived by having a significant percent- throughout the entire Congress to get Public Interest Declassification Board, age of their residents unable to partici- us where we are here today. or PIDB, for an additional 2 years. pate in local affairs. Mr. FARENTHOLD. I do urge all Without congressional action, the However, OPM was not given the au- Members to join me in support of this PIDB will sunset on December 31, 2012. thority to exempt Federal employees bill. I yield back the remainder of my The PIDB is an advisory committee living in D.C. because the city did not time. tasked with improving and modern- have local elections before the Home The SPEAKER pro tempore (Mr. izing the process used to classify and Rule Act of 1973. The Hatch Act Mod- SIMPSON). The question is on the mo- declassify government information. ernization Act includes these two bills tion offered by the gentleman from The volume of classified information and brings the District one step closer Texas (Mr. FARENTHOLD) that the has skyrocketed in recent years, due to to equal treatment and self-govern- House suspend the rules and pass the the rapid increase in electronic com- ment, and implements these and other bill, S. 2170. munications, as well as an institu- commonsense revisions to the Hatch The question was taken; and (two- tional bias that prefers overclassifica- Act. thirds being in the affirmative) the tion as a risk-avoidance strategy. Over I applaud the chairman and the rank- rules were suspended and the bill was classification can unduly hinder much- ing member for the entire Act, and I passed. needed public transparency and the thank them very much that our bills A motion to reconsider was laid on ability to rapidly share information are included. the table. across the government.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7324 CONGRESSIONAL RECORD — HOUSE December 19, 2012 The chief goals of the PIDB are to The SPEAKER pro tempore. In the ‘‘(b)(1) At the end of each 45-day period help develop effective modern stand- opinion of the Chair, two-thirds being during a period of investigative leave imple- ards and processes for classification in the affirmative, the ayes have it. mented under this section, the relevant agency shall review the investigation into and declassification to address the Mr. FARENTHOLD. Mr. Speaker, on the employee with respect to the mis- problems by overclassification and pro- that I demand the yeas and nays. conduct, neglect of duty, malfeasance, or mote the fullest possible public access The yeas and nays were ordered. misappropriation of funds. to national security records through The SPEAKER pro tempore. Pursu- ‘‘(2) Not later than 5 business days after efficient and timely declassification ant to clause 8 of rule XX, further pro- the end of each such 45-day period, the agen- systems. S. 3564 will further the cause ceedings on this question will be post- cy shall submit a report describing such re- poned. view to the Committee on Oversight and of transparency by maintaining an ex- Government Reform of the House of Rep- pert advisory group to ensure the exec- f resentatives and the Committee on Home- utive branch is classifying and declas- GOVERNMENT EMPLOYEE land Security and Governmental Affairs of sifying records in a timely and respon- ACCOUNTABILITY ACT the Senate. sible manner. ‘‘(3) At the end of a period of investigative I reserve the balance of my time. Mr. FARENTHOLD. Mr. Speaker, I leave implemented under this section, the Mr. CLAY. Mr. Speaker, I yield my- move to suspend the rules and pass the agency shall— self such time as I may consume. bill (H.R. 6016) to amend title 5, United ‘‘(A) remove an employee placed on inves- I rise in support of this important States Code, to provide for administra- tigative leave under this section; ‘‘(B) suspend such employee without pay; legislation. This bill renews the au- tive leave requirements with respect to or thorization of the Public Interest De- Senior Executive Service employees, ‘‘(C) reinstate or restore such employee to classification Board. The PIDB is an and for other purposes, as amended. duty. advisory committee whose purpose is The Clerk read the title of the bill. ‘‘(4) The agency may extend the period of to promote the fullest possible public The text of the bill is as follows: investigative leave with respect to an action access to significant national security H.R. 6016 under this subchapter for an additional pe- riod not to exceed 90 days. decisions and activities. The PIDB ad- Be it enacted by the Senate and House of Rep- ‘‘(c) An employee against whom an action vises the President on policies related resentatives of the United States of America in covered by this subchapter is proposed is en- to classification and declassification of Congress assembled, titled to, before being placed on investiga- national security information. The SECTION 1. SHORT TITLE. tive leave under this section— Board also advises the President on the This Act may be cited as the ‘‘Government ‘‘(1) at least 30 days’ advance written no- declassification and release of classi- Employee Accountability Act’’. tice, stating specific reasons for the proposed fied records with historical value. The SEC. 2. SUSPENSION FOR 14 DAYS OR LESS FOR action, unless— SENIOR EXECUTIVE SERVICE EM- ‘‘(A) there is reasonable cause to believe authorization for the PIDB is set to ex- PLOYEES. that the employee has committed a crime pire at the end of this month. It is im- Paragraph (1) of section 7501 of title 5, for which a sentence of imprisonment can be portant that we reauthorize the au- United States Code, is amended to read as imposed; or thority for this panel so that their im- follows: ‘‘(B) the agency determines that the em- portant work is not jeopardized. ‘‘(1) ‘employee’ means— ployee’s conduct with respect to which an Just last month, the PIDB issued a ‘‘(A) an individual in the competitive serv- action covered by this subchapter is pro- report to the President, titled ‘‘Trans- ice who is not serving a probationary or trial posed is serious or flagrant as prescribed in period under an initial appointment or who regulation by the Office of Personnel Man- forming the Security Classification has completed 1 year of current continuous System.’’ The report made a number of agement; employment in the same or similar positions ‘‘(2) a reasonable time, but not less than 7 recommendations for improving the under other than a temporary appointment days, to answer orally and in writing and to classification system. The report criti- limited to 1 year or less; or furnish affidavits and other documentary cized our current system. It stated: ‘‘(B) a career appointee in the Senior Exec- evidence in support of the answer; We believe the current classification and utive Service who— ‘‘(3) be represented by an attorney or other declassification systems are outdated and in- ‘‘(i) has completed the probationary period representative; and capable of dealing adequately with the large prescribed under section 3393(d); or ‘‘(4) a written decision and specific reasons volumes of classified information generated ‘‘(ii) was covered by the provisions of sub- therefor at the earliest practicable date. in an era of digital communication and in- chapter II of this chapter immediately before ‘‘(d) An agency may provide, by regulation, formation systems. Overcoming the en- appointment to the Senior Executive Serv- for a hearing which may be in lieu of or in trenched practices that no longer serve the ice;’’. addition to the opportunity to answer pro- purpose of protecting our national security SEC. 3. INVESTIGATIVE LEAVE FOR SENIOR EX- vided under subsection (c)(2). will prove difficult. ECUTIVE SERVICE EMPLOYEES. ‘‘(e) An employee against whom an action is taken under this section is entitled to ap- Transparency and access to informa- (a) IN GENERAL.—Chapter 75 of title 5, United States Code, is amended by adding at peal to the Merit Systems Protection Board tion are essential tools for effective the end the following: under section 7701. ‘‘(f) Copies of the notice of proposed action, oversight of the executive branch. Out- ‘‘SUBCHAPTER VI—INVESTIGATIVE the answer of the employee when written, dated systems for managing classified LEAVE FOR SENIOR EXECUTIVE SERV- and a summary thereof when made orally, information must be modernized to ICE EMPLOYEES provide greater public access to infor- the notice of decision and reasons therefor, ‘‘§ 7551. Definitions and any order effecting an action covered by mation about the Federal Govern- ‘‘For the purposes of this subchapter— this subchapter, together with any sup- ment’s policies and activities. Reau- ‘‘(1) ‘employee’ has the meaning given such porting material, shall be maintained by the thorizing the PIDB is critical to that term in section 7541; and agency and shall be furnished to the Merit effort, and I support this bill. I urge my ‘‘(2) ‘investigative leave’ means a tem- Systems Protection Board upon its request colleagues to do the same. porary absence without duty for disciplinary and to the employee affected upon the em- Mr. Speaker, I yield back the balance reasons, of a period not greater than 90 days. ployee’s request.’’. (b) CLERICAL AMENDMENT.—The table of of my time. ‘‘§ 7552. Actions covered sections at the beginning of chapter 75 of Mr. FARENTHOLD. As we’ve heard, ‘‘This subchapter applies to investigative title 5, United States Code, is amended by this bill promotes bipartisan-supported leave. adding after the item relating to section 7543 transparency in the government. I urge ‘‘§ 7553. Cause and procedure the following: my colleagues to support the passage ‘‘(a)(1) Under regulations prescribed by the ‘‘SUBCHAPTER VI—INVESTIGATIVE LEAVE FOR of the Public Interest Declassification Office of Personnel Management, an agency SENIOR EXECUTIVE SERVICE EMPLOYEES Board Reauthorization Act of 2012, S. may place an employee on investigative ‘‘7551. Definitions. 3564, and I yield back the balance of my leave, without loss of pay and without ‘‘7552. Actions covered. time. charge to annual or sick leave, only for mis- ‘‘7553. Cause and procedure.’’. The SPEAKER pro tempore. The conduct, neglect of duty, malfeasance, or SEC. 4. SUSPENSION OF SENIOR EXECUTIVE misappropriation of funds. SERVICE EMPLOYEES. question is on the motion offered by ‘‘(2) If an agency determines that such em- Section 7543 of title 5, United States Code, the gentleman from Texas (Mr. ployee’s conduct is serious or flagrant, the is amended— FARENTHOLD) that the House suspend agency may place such employee on inves- (1) in subsection (a), by inserting ‘‘mis- the rules and pass the bill, S. 3564. tigative leave under this subchapter without appropriation of funds,’’ after ‘‘malfea- The question was taken. pay. sance,’’; and

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7325 (2) in subsection (b), by amending para- I reserve the balance of my time. gether, this is a bipartisan effort to graph (1) to read as follows: Mr. CLAY. Mr. Speaker, I yield my- make sure that we have great account- ‘‘(1) at least 30 days’ advance written no- self such time as I may consume. ability for those taxpayer dollars that tice, stating specific reasons for the proposed Mr. Speaker, I thank the majority are being spent. action, unless— ‘‘(A) there is reasonable cause to believe for working with us to make additional This piece of legislation, as it goes that the employee has committed a crime improvements to H.R. 6016, the Govern- forward today—let’s make sure that we for which a sentence of imprisonment can be ment Employee Accountability Act, as understand this—these are the senior imposed; or amended. I thank the gentleman, Mr. executives, these are the creme de la ‘‘(B) the agency determines that the em- KELLY from Pennsylvania, who intro- creme, these are the top people that we ployee’s conduct with respect to which an duced this bill to address an unfortu- rely on. That Western Region Con- action covered by this subchapter is pro- nate instance where a few Senior Exec- ference, as Mr. FARENTHOLD pointed posed is serious or flagrant as prescribed in utive Service officials at the GSA re- regulation by the Office of Personnel Man- out, was $600,000 over budget, and at agement;’’. ceived a lot of attention regarding some point you’ve got to wonder why. their extravagant spending on a Las SEC. 5. MISAPPROPRIATION OF FUNDS AMEND- When we asked the GSA, when we MENTS. Vegas conference. asked Ms. Johnson, Why is Mr. Neely (a) REINSTATEMENT IN THE SENIOR EXECU- While I fully support the purpose and on leave with pay, she said, Well, we TIVE SERVICE.—Section 3593 of title 5, United intent of this legislation to prevent don’t have any mechanism to prevent States Code, is amended— misappropriation and misuse of tax- that from happening; we don’t have the (1) in subsection (a)(2), by inserting ‘‘mis- payer dollars, we need to be careful not tools to do that. So what we said was, appropriation of funds,’’ after ‘‘malfea- to allow the bad actions of a few gov- let’s go back into the regular world, sance,’’; and ernment employees to take away from (2) in subsection (b), by striking ‘‘or mal- let’s go back into commonsense rules feasance’’ and inserting ‘‘malfeasance, or the good work that our Federal work- and let’s give them a tool to use that misappropriation of funds’’. ers do every day. I have the greatest makes sense for the American people. (b) PLACEMENT IN OTHER PERSONNEL SYS- respect and appreciation for our Fed- So, I applaud what you’re saying, Mr. TEMS.—Section 3594(a) of title 5, United eral workers, and I think we all need to CLAY. It’s nice working with you on States Code, is amended by striking ‘‘or mal- be reminded that these men and women this. I want to especially thank the feasance’’ and inserting ‘‘malfeasance, or devote their professional lives to serv- misappropriation of funds’’. committee. We did work very hard on ing all Americans. This is especially this to come up with something that The SPEAKER pro tempore. Pursu- important to note given all the recent makes sense for America and makes ant to the rule, the gentleman from legislation attacking these middle sense also for the people that work for Texas (Mr. FARENTHOLD) and the gen- class Federal workers’ pay and bene- us. So I thank you. tleman from Missouri (Mr. CLAY) each fits. I believe in the importance of safe- Mr. CLAY. I continue to reserve. will control 20 minutes. guarding taxpayer dollars and holding Mr. FARENTHOLD. At this point, The Chair recognizes the gentleman our public servants accountable. For from Texas. Mr. Speaker, I yield 2 minutes to the this reason, I support this bill. chairman of the Transportation and In- GENERAL LEAVE I reserve the balance of my time. frastructure Committee and my col- Mr. FARENTHOLD. Mr. Speaker, I Mr. FARENTHOLD. At this time I league on the Government Oversight ask unanimous consent that all Mem- yield such time as he may consume to and Reform Committee, the gentleman bers have 5 legislative days to revise my friend, colleague, and neighbor on from Florida (Mr. MICA). and extend their remarks and include the Government Oversight and Reform Mr. MICA. I thank the gentleman for extraneous material on the bill under Committee, the gentleman from Penn- yielding. I thank him for his leader- consideration. sylvania (Mr. KELLY). ship. Particularly, I want to thank Mr. The SPEAKER pro tempore. Is there Mr. KELLY. Mr. Speaker, I do rise KELLY for his perseverance, his intro- objection to the request of the gen- today in support of the Government duction and sponsorship of H.R. 6016, tleman from Texas? Employee Accountability Act, H.R. and encourage my colleagues to sup- There was no objection. 6016, and I thank the gentleman from port that legislation today. Mr. FARENTHOLD. Mr. Speaker, I Texas and the gentleman from Mis- Most often when you hear about yield myself such time as I may con- souri (Mr. CLAY). sume. As a result of this, I think when we scandals in the Federal Government, Earlier this year, the Committee on had that hearing last spring, both sides there’s a little bit of a flurry and then ELLY has Government Oversight and Reform were outraged. I remember Chairman not much is done. Mr. K stepped forward and introduced legisla- held a hearing concerning the wasteful ISSA speaking out very strongly and tion that will correct one of the most spending that occurred during the also Ranking Member CUMMINGS speak- egregious actions against the Federal planning and execution of the General ing out very strongly. Because we truly taxpayer that we’ve seen. Services Administration 2010 Western are the stewards of the taxpayer Regional Conference. As you may re- money. And what we said at that time Our committee, the Transportation call, the GSA spent more than $820,000 was that we’re going to get to the bot- Committee, does oversee the General on a conference originally budgeted at tom of this, and we’re going to find out Services Administration. Within that $250,000. The GSA has no triggers or how this happened and why it hap- agency, we heard about the conduct of controls in place to stop this flagrant pened. When I got back to my office, one senior executive employee, the overspending. GSA employees, includ- our switchboard was lighting up and Senior Executive Services, one of the ing Jeff Neely, a career member of the people from back home in western highest levels of administration in our Senior Executive Service, failed to fol- Pennsylvania said, Why is this hap- government. That person thumbed his low GSA policy, Federal procurement pening? nose in a hot tub at the taxpayers, at law, and basic common sense. I stress exactly what you said—we the Congress, and at everyone else. H.R. 6016 helps ensure Senior Execu- have a lot of wonderful people working Today, this is taxpayers’ revenge. tive Service, or SES, employees are very hard for this country, for this gov- This is a little gift hopefully we can held accountable for their actions. It ernment, and we don’t want to paint put under the Christmas tree for the allows an SES employee to be fired for them all with the same brush. But by taxpayers so that people in those posi- misappropriation of funds and gives the the same token, when there is some tions will not receive their pay and can agency head discretion to place an SES wrongdoing, it is up to us in the Con- be removed from office. We had to on unpaid leave, all while maintaining gress to step forward and do things change the law—and we will change the that employee’s existing due process that make sense. law—to make certain that people who rights. are supposed to be good stewards of the I’d like to commend my colleague, b 1620 taxpayer dollars are held accountable. Mr. KELLY, for his work on this bill, So this is just a commonsense solu- So I thank everyone in a bipartisan and urge all Members to support its tion to a situation that has to be ad- manner in bringing this legislation for- adoption. dressed. I would say that working to- ward and strongly support its adoption.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7326 CONGRESSIONAL RECORD — HOUSE December 19, 2012 Mr. CLAY. At this time I have no fur- which to revise and extend their re- Missouri, thank you for your kind ther speakers, and I yield back the bal- marks and include extraneous mate- words about Mac—Nelson ‘‘Mac’’ ance of my time. rials on H.R. 4062. MacWilliams. See, he passed away Mr. FARENTHOLD. As we have The SPEAKER pro tempore. Is there about a year ago on December 20, 2011, heard from both sides of the aisle, this objection to the request of the gen- in an unfortunate car accident that is a bill designed to prevent the worst tleman from Texas? cost him his life on one of the most kind of overspending, one of the worst There was no objection. dangerous roads in San Diego County. examples that we’ve seen. Mr. FARENTHOLD. Mr. Speaker, I He was a dedicated public servant, I understand Mr. CLAY and agree yield myself such time as I may con- proud Navy veteran, an all-around with his concerns that we cannot vio- sume. great guy to be around. late the due process rights of govern- H.R. 4062, introduced by the gen- San Diego is not just the city part ment employees. We’ve worked to pro- tleman from California (Mr. HUNTER), where there’s the ocean and the beach. tect that, but we’ve also worked very would designate the facility of the There’s the back country in San Diego. hard to do the job that we were elected United States Postal Service located at You have small towns like Ramona to do, and that is to be good stewards 1444 Main Street in Ramona, Cali- where everybody knows each other. of the taxpayers’ money. This bill, the fornia, as the Nelson ‘‘Mac’’ There is literally a place called Cheers. Government Employees Accountability MacWilliams Post Office Building. The It’s a bar in Ramona where everybody bill was introduced on February 16. Act, H.R. 6016, Mr. KELLY’s bill, does does know your name. You could find Mr. Speaker, Mr. MacWilliams served just that; and I urge my colleagues to Mac there after work on Sundays. in the U.S. Navy for 22 years and re- support the bill. He was a member of the VFW. Like tired as a Navy chief in 1999. Upon re- I yield back the balance of my time. my friend said, he was in the Navy turning to civilian life, he was a small The SPEAKER pro tempore. The from 1977 to 1999, where he became a business owner. Navy chief. Anybody who knows the question is on the motion offered by Mr. MacWilliams served his commu- the gentleman from Texas (Mr. Navy or knows the U.S. military, they nity in San Diego in many ways, in- understand that the Navy runs on its FARENTHOLD) that the House suspend cluding with the Ramona Chamber of the rules and pass the bill, H.R. 6016, as chiefs. The chiefs are the ones that ac- Commerce. He is responsible for assist- tually get things done, the ones that amended. ing local fire victims and military per- The question was taken. you look to when you need to cut sonnel in Mr. HUNTER’s district office. The SPEAKER pro tempore. In the through the red tape and cut through Sadly, nearly a year ago, on December opinion of the Chair, two-thirds being the bureaucracy. 20, 2011, Mr. MacWilliams passed away. in the affirmative, the ayes have it. Mac was also a member of the Vet- He is remembered fondly by his wife, Mr. FARENTHOLD. Mr. Speaker, on erans of Foreign Wars Post 7783 in Ra- brother, sons, daughters, and several that I demand the yeas and nays. mona, California. It was because of grandchildren. their request, along with others in Ra- The yeas and nays were ordered. Mr. Speaker, Mr. MacWilliams is a The SPEAKER pro tempore. Pursu- mona, that I introduced this bill to very worthy designee of this postal fa- ant to clause 8 of rule XX, further pro- name the post office in Ramona for cility naming, and I urge all Members ceedings on this question will be post- Mac. to join me in support of this bill. poned. When the devastating wildfires hit I reserve the balance of my time. San Diego in 2007, Mac answered the f Mr. CLAY. Mr. Speaker, I yield my- call to service again, working tire- self such time as I may consume. NELSON ‘‘MAC’’ MACWILLIAMS lessly helping victims get assistance to POST OFFICE BUILDING As a member of the House Committee on Oversight and Government Reform, rebuild their homes. As we can see Mr. FARENTHOLD. Mr. Speaker, I I am pleased to join my colleagues in from Hurricane Katrina or Hurricane move to suspend the rules and pass the the consideration of H.R. 4062, to des- Sandy, when natural disasters happen, bill (H.R. 4062) to designate the facility ignate the facility of the U.S. Postal the bureaucracy is sometimes hard to of the United States Postal Service lo- Service located at 1444 Main Street in get through, but Mac specialized at cated at 1444 Main Street in Ramona, Ramona, California as the Nelson that as a Navy chief. California, as the ‘‘Nelson ‘Mac’ ‘‘Mac’’ MacWilliams Post Office Build- b 1630 MacWilliams Post Office Building’’. ing. He did the same thing working as the The Clerk read the title of the bill. The bill before us was introduced by The text of the bill is as follows: executive director of the Ramona, Cali- Representative DUNCAN HUNTER. Nel- fornia, Chamber of Commerce for 4 H.R. 4062 son MacWilliams graduated from years. In his position, he advocated for Be it enacted by the Senate and House of Calverton High School in Huntington, businesses and built lasting relation- Representatives of the United States of America Maryland. Nelson MacWilliams would in Congress assembled, ships across the region. attend Salisbury State University in But Mac wasn’t a big business guy. SECTION 1. NELSON ‘‘MAC’’ MACWILLIAMS POST Salisbury, Maryland, before enlisting OFFICE BUILDING. He came out of the Navy. The reason in the U.S. Navy in 1977. Upon his re- (a) DESIGNATION.—The facility of the he was chosen for that position was be- United States Postal Service located at 1444 tirement from the Navy, he would cause he was great to be with, he knew Main Street in Ramona, California, as the begin serving his community in Cali- how to get along with people of dif- ‘‘Nelson ‘Mac’ MacWilliams Post Office fornia. fering views and ideologies, and he sim- Building’’. His work with the Ramona Chamber ply knew how to get things done. (b) REFERENCES.—Any reference in a law, of Commerce would establish him as a The VFW said in their letter: map, regulation, document, paper, or other respected member within the commu- One of Mac’s traits was that he was always record of the United States to the facility re- nity. He was called on by Representa- ‘‘on duty.’’ There was never a problem too ferred to in subsection (a) shall be deemed to tive HUNTER to help small businesses small which did not dictate 100 percent effort be a reference to the ‘‘Nelson ‘Mac’ to have it corrected. MacWilliams Post Office Building’’. within the community. His tireless ef- forts would help local small businesses In fact, on the day he died, Mac was The SPEAKER pro tempore. Pursu- succeed in cutting bureaucratic red coming into my office because he was ant to the rule, the gentleman from tape. in the middle of some casework for a Texas (Mr. FARENTHOLD) and the gen- Mr. Speaker, I urge passage of the constituent and didn’t want to wait tleman from Missouri (Mr. CLAY) each underlying measure, and I reserve the until he got back from Christmas vaca- will control 20 minutes. balance of my time. tion. The Chair recognizes the gentleman Mr. FARENTHOLD. At this time I’d At his funeral, one of my constitu- from Texas. like to yield such time as he may con- ents and VFW Post member, Dale GENERAL LEAVE sume to the gentleman from California Smith, described Mac by saying: Mr. FARENTHOLD. Mr. Speaker, I (Mr. HUNTER). Mac was a gentle, intelligent individual ask unanimous consent that all Mem- Mr. HUNTER. I thank the gentleman and a ‘‘get-it-done’’ kind of guy, no matter bers may have 5 legislative days within from Texas. And my good friend from what obstacles stood in his way.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7327 He was a proud veteran and public There was no objection. spector Asbury than naming this build- servant who served his country in the Mr. FARENTHOLD. Mr. Speaker, I ing after him. Navy and served the people in his com- yield such time as he may consume to I do urge all Members to support pas- munity on veterans and military my colleague, the gentleman from sage and yield back the balance of my issues. He had a profound impact on his California (Mr. GALLEGLY). time. community and deserves recognition Mr. GALLEGLY. I thank the gen- The SPEAKER pro tempore. The for his contributions, and naming the tleman. question is on the motion offered by post office for him in the community Mr. Speaker, I rise today in support the gentleman from Texas (Mr. he did so much for is a fitting way to of my legislation, H.R. 6587, to the des- FARENTHOLD) that the House suspend commemorate his memory. ignate the United States Postal Serv- the rules and pass the bill, H.R. 6587. Mr. CLAY. Mr. Speaker, I have no ice facility located at 225 Simi Village The question was taken. further speakers. I urge my colleagues Drive in Simi Valley, California, as the The SPEAKER pro tempore. In the to join the entire House in honoring Postal Inspector Terry Asbury Post Of- opinion of the Chair, two-thirds being this great American, and I yield back fice Building. in the affirmative, the ayes have it. the balance of my time. Terry Asbury was born in Superior, Mr. FARENTHOLD. Mr. Speaker, I Mr. FARENTHOLD. Mr. Speaker, I, Wisconsin, in 1950. Shortly after turn- object to the vote on the ground that a too, urge my colleagues to support ing 18, he joined the United States quorum is not present and make the H.R. 4062, the Nelson ‘‘Mac’’ Army and served multiple tours in point of order that a quorum is not MacWilliams Post Office Building nam- Vietnam. After being honorably dis- present. ing, and yield back the remainder of charged in 1971, Terry began his career The SPEAKER pro tempore. Pursu- my time. in the United States Postal Service. He ant to clause 8 of rule XX, further pro- The SPEAKER pro tempore. The worked out of the Van Nuys facility, ceedings on this question will be post- question is on the motion offered by starting as a mail clerk and handler be- the gentleman from Texas (Mr. poned. fore moving up all the way to U.S. The point of no quorum is considered FARENTHOLD) that the House suspend postal inspector in 1986. withdrawn. the rules and pass the bill, H.R. 4062. On Saturday, January 30, 1990, In- The question was taken; and (two- spector Asbury was returning in his ve- f thirds being in the affirmative) the hicle after conducting an investigation rules were suspended and the bill was ANNOUNCEMENT BY THE SPEAKER in the Los Angeles area when his vehi- passed. PRO TEMPORE A motion to reconsider was laid on cle was struck head-on by a van towing The SPEAKER pro tempore. Pursu- the table. a boat and a trailer. Four days later, ant to clause 8 of rule XX, proceedings on February 3, he succumbed to his in- f will resume on motions to suspend the juries, passing away at the early age of rules previously postponed. Votes will POSTAL INSPECTOR TERRY 39. be taken in the following order: ASBURY POST OFFICE BUILDING He was a loving husband and an ex- H.R. 6655, by the yeas and nays; Mr. FARENTHOLD. Mr. Speaker, I ceptional person who went out of his S. 3564, by the yeas and nays; move to suspend the rules and pass the way to help others and make the world H.R. 6016, by the yeas and nays. bill (H.R. 6587) to designate the facility a better place to live. I cannot see a The first electronic vote will be con- of the United States Postal Service lo- more fitting way to memorialize a ducted as a 15-minute vote. Remaining cated at 225 Simi Village Drive in Simi great American and resident of my electronic votes will be conducted as 5- Valley, California, as the ‘‘Postal In- hometown in Simi Valley, California, minute votes. spector Terry Asbury Post Office than to dedicate this post office in his Building’’. honor. f The Clerk read the title of the bill. Mr. Speaker, I thank Chairman ISSA, PROTECT OUR KIDS ACT OF 2012 The text of the bill is as follows: Ranking Member CUMMINGS, and the H.R. 6587 others for allowing me to bring this The SPEAKER pro tempore. The un- Be it enacted by the Senate and House of bill to the floor today in such a quick finished business is the vote on the mo- Representatives of the United States of America fashion, and I urge my colleagues to tion to suspend the rules and pass the in Congress assembled, support this legislation. bill (H.R. 6655) to establish a commis- SECTION 1. POSTAL INSPECTOR TERRY ASBURY Mr. CLAY. Mr. Speaker, I yield my- sion to develop a national strategy and POST OFFICE BUILDING. self such time as I may consume. recommendations for reducing fatali- (a) DESIGNATION.—The facility of the As a member of the House Oversight ties resulting from child abuse and ne- United States Postal Service located at 225 glect, on which the yeas and nays were Simi Village Drive in Simi Valley, Cali- and Government Reform Committee, fornia, shall be known and designated as the I’m pleased to join my colleagues in ordered. ‘‘Postal Inspector Terry Asbury Post Office the consideration of H.R. 6587, to des- The Clerk read the title of the bill. Building’’. ignate the facility of the U.S. Postal The SPEAKER pro tempore. The (b) REFERENCES.—Any reference in a law, Service located at 225 Simi Valley question is on the motion offered by map, regulation, document, paper, or other the gentleman from Michigan (Mr. record of the United States to the facility re- Drive in Simi Valley, California, as the CAMP) that the House suspend the rules ferred to in subsection (a) shall be deemed to Postal Inspector Terry Asbury Post Of- be a reference to the ‘‘Postal Inspector Terry fice Building. and pass the bill. Asbury Post Office Building’’. I want to thank Representative The vote was taken by electronic de- The SPEAKER pro tempore. Pursu- GALLEGLY, on November 13, 2012, for in- vice, and there were—yeas 330, nays 77, ant to the rule, the gentleman from troducing this bill. Inspector Asbury not voting 24, as follows: Texas (Mr. FARENTHOLD) and the gen- diligently served the U.S. Postal Serv- [Roll No. 636] tleman from Missouri (Mr. CLAY) each ice as postal inspector for 4 years when YEAS—330 will control 20 minutes. he was tragically killed while con- Ackerman Bass (NH) Brady (TX) The Chair recognizes the gentleman ducting an investigation. Adams Becerra Braley (IA) from Texas. In remembrance of Inspector Asbury Aderholt Berg Brown (FL) Alexander Berkley Buchanan GENERAL LEAVE for his tireless work and dedication to Altmire Berman Bucshon Mr. FARENTHOLD. Mr. Speaker, I service, I urge my colleagues to pass Amodei Biggert Burton (IN) ask unanimous consent that all Mem- this bill. Andrews Bilirakis Butterfield Mr. Speaker, I have no further speak- Austria Bishop (GA) Calvert bers may have 5 legislative days in Bachmann Bishop (NY) Camp which to revise and extend their re- ers, so I yield back the balance of my Bachus Black Canseco marks and include extraneous material time. Baldwin Blumenauer Cantor on the bill under consideration. Mr. FARENTHOLD. Mr. Speaker, I Barber Bonamici Capito Barletta Bonner Capps The SPEAKER pro tempore. Is there urge all the Members to support the Barrow Boren Capuano objection to the request of the gen- passage of H.R. 6587. I can think of no Barton (TX) Boustany Carnahan tleman from Texas? more fitting a way to honor Postal In- Bass (CA) Brady (PA) Carney

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7328 CONGRESSIONAL RECORD — HOUSE December 19, 2012 Carson (IN) Holt Polis NAYS—77 Barrow Ellmers Landry Cassidy Honda Posey Barton (TX) Emerson Langevin Akin Gardner Neugebauer Castor (FL) Hoyer Price (NC) Bass (CA) Engel Lankford Amash Garrett Olson Chandler Hultgren Bass (NH) Eshoo Larsen (WA) Quigley Benishek Gosar Palazzo Becerra Farenthold Larson (CT) Chu Hurt Rahall Bishop (UT) Gowdy Paul Benishek Farr Latham Cicilline Israel Rangel Blackburn Graves (GA) Pompeo Berg Fattah Latta Clarke (MI) Issa Reed Brooks Graves (MO) Price (GA) Berkley Fincher Lee (CA) Clarke (NY) Jackson Lee Rehberg Broun (GA) Harris Quayle Berman Fitzpatrick Levin Clay (TX) Reichert Buerkle Hensarling Rohrabacher Biggert Flake Lewis (CA) Cleaver Jenkins Renacci Burgess Huelskamp Rokita Bilirakis Fleischmann Lewis (GA) Clyburn Johnson (GA) Ribble Campbell Huizenga (MI) Ross (FL) Bishop (GA) Fleming Lipinski Coble Johnson (OH) Carter Hunter Richmond Scalise Bishop (NY) Flores LoBiondo Coffman (CO) Johnson, E. B. Chabot Jordan Rigell Schilling Bishop (UT) Forbes Loebsack Cohen Johnson, Sam Chaffetz Kingston Rivera Schweikert Black Fortenberry Lofgren, Zoe Cole Jones Conaway Labrador Roby Scott (SC) Blackburn Foxx Long Cravaack Lamborn Connolly (VA) Kaptur Roe (TN) Blumenauer Frank (MA) Lowey Culberson Landry Scott, Austin Conyers Keating Rogers (AL) Bonamici Franks (AZ) Lucas DesJarlais Lankford Sensenbrenner Cooper Kelly Rogers (KY) Bonner Frelinghuysen Luetkemeyer Duffy Lummis Sessions Costa Kildee Rogers (MI) Boren Fudge Lummis Duncan (SC) Manzullo Southerland Costello Kind Rooney Boustany Gallegly Lungren, Daniel Duncan (TN) Marchant Stearns Courtney King (NY) Brady (PA) Garamendi E. Ros-Lehtinen Farenthold Massie Stutzman Crawford Kinzinger (IL) Brady (TX) Gardner Lynch Roskam Flake McClintock Thornberry Crenshaw Kissell Braley (IA) Garrett Maloney Ross (AR) Fleischmann McHenry Walsh (IL) Critz Kline Brooks Gerlach Manzullo Rothman (NJ) Fleming Miller (FL) Westmoreland Crowley Kucinich Broun (GA) Gibbs Marchant Roybal-Allard Flores Mulvaney Woodall Cuellar Lance Brown (FL) Gibson Marino Royce Foxx Myrick Young (AK) Buchanan Gingrey (GA) Markey Cummings Langevin Runyan Larsen (WA) Bucshon Goodlatte Massie Curson (MI) Ruppersberger NOT VOTING—24 Davis (CA) Larson (CT) Buerkle Gosar Matheson Rush Baca Holden Nunnelee Davis (IL) Latham Burgess Gowdy Matsui Ryan (OH) Bartlett Johnson (IL) Pence DeFazio Latta Burton (IN) Granger McCarthy (CA) Ryan (WI) Bilbray King (IA) Reyes DeGette Lee (CA) Butterfield Graves (GA) McCarthy (NY) Sa´ nchez, Linda Bono Mack LaTourette Richardson Levin Calvert Graves (MO) McCaul DeLauro T. Boswell Luja´ n Scott (VA) DelBene Lewis (CA) Camp Green, Al McClintock Sanchez, Loretta Gingrey (GA) Mack Shuler Campbell Green, Gene McCollum Denham Lewis (GA) Sarbanes Gohmert McKinley Stark Canseco Griffin (AR) McDermott Dent Lipinski Schakowsky Gonzalez Murphy (CT) Waxman Cantor Griffith (VA) McGovern Deutch LoBiondo Schiff Capito Grijalva McHenry Diaz-Balart Loebsack Schmidt b 1659 Capps Grimm McIntyre Dicks Lofgren, Zoe Schock Capuano Guinta McKeon Dingell Long Schrader Messrs. KINGSTON, MILLER of Flor- Carnahan Guthrie McMorris Doggett Lowey Schwartz ida, HUELSKAMP, GARDNER, Carney Gutierrez Rodgers Dold Lucas Scott, David GOSAR, HUNTER, GARRETT, SEN- Carson (IN) Hahn McNerney Donnelly (IN) Luetkemeyer Serrano Carter Hall Meehan Doyle Lungren, Daniel SENBRENNER, AKIN, MANZULLO, Sewell Cassidy Hanabusa Meeks Dreier E. BENISHEK, CRAVAACK, OLSON, Castor (FL) Hanna Michaud Sherman Edwards Lynch Chabot Harper Miller (FL) Shimkus BURGESS, SCHILLING, POMPEO, Ellison Maloney Chaffetz Harris Miller (MI) Shuster MARCHANT, and ROKITA changed Ellmers Marino Chandler Hartzler Miller (NC) Emerson Markey Simpson their vote from ‘‘yea’’ to ‘‘nay.’’ Chu Hastings (FL) Miller, Gary Engel Matheson Sires Mr. CANSECO changed his vote from Cicilline Hastings (WA) Miller, George Eshoo Matsui Slaughter ‘‘nay’’ to ‘‘yea.’’ Clarke (MI) Hayworth Moore Smith (NE) Farr McCarthy (CA) So (two-thirds being in the affirma- Clarke (NY) Heck Moran Fattah McCarthy (NY) Smith (NJ) Clay Heinrich Mulvaney Fincher McCaul Smith (TX) tive) the rules were suspended and the Cleaver Hensarling Murphy (PA) Fitzpatrick McCollum Smith (WA) bill was passed. Clyburn Herger Myrick Forbes McDermott Speier The result of the vote was announced Coble Herrera Beutler Nadler Fortenberry McGovern Stivers Coffman (CO) Higgins Napolitano as above recorded. Cohen Himes Neal Frank (MA) McIntyre Sullivan A motion to reconsider was laid on Conaway Hinchey Neugebauer Franks (AZ) McKeon Sutton Connolly (VA) Hinojosa Noem Frelinghuysen McMorris Terry the table. Conyers Hirono Nugent Fudge Rodgers Thompson (CA) Cooper Hochul Nunes McNerney Thompson (MS) f Gallegly Costa Holden Olson Garamendi Meehan Thompson (PA) Tiberi Costello Holt Olver Gerlach Meeks PUBLIC INTEREST DECLASSIFICA- Courtney Tierney Honda Owens Gibbs Mica TION BOARD REAUTHORIZATION Cravaack Hoyer Palazzo Tipton Gibson Michaud Crawford Huelskamp Pallone Tonko ACT OF 2012 Goodlatte Miller (MI) Crenshaw Huizenga (MI) Pascrell Towns Granger Miller (NC) The SPEAKER pro tempore. The un- Critz Hultgren Pastor (AZ) Green, Al Miller, Gary Tsongas finished business is the vote on the mo- Crowley Hunter Paul Turner (NY) Green, Gene Miller, George tion to suspend the rules and pass the Cuellar Hurt Paulsen Griffin (AR) Moore Turner (OH) Culberson Israel Payne Griffith (VA) Moran Upton bill (S. 3564) to extend the Public Inter- Cummings Issa Pearce Grijalva Murphy (PA) Van Hollen est Declassification Act of 2000 until Curson (MI) Jackson Lee Pelosi Grimm Nadler Vela´ zquez 2014 and for other purposes, on which Davis (CA) (TX) Perlmutter Visclosky Guinta Napolitano the yeas and nays were ordered. Davis (IL) Jenkins Peters Guthrie Neal Walberg DeFazio Johnson (GA) Peterson Gutierrez Noem Walden The Clerk read the title of the bill. DeGette Johnson (OH) Petri Hahn Nugent Walz (MN) The SPEAKER pro tempore. The DeLauro Johnson, E. B. Pingree (ME) Hall Nunes Wasserman question is on the motion offered by DelBene Johnson, Sam Pitts Schultz Denham Jones Platts Hanabusa Olver the gentleman from Texas (Mr. Hanna Owens Waters Dent Jordan Poe (TX) Harper Pallone Watt FARENTHOLD) that the House suspend DesJarlais Kaptur Polis Hartzler Pascrell Webster the rules and pass the bill. Deutch Keating Pompeo Hastings (FL) Pastor (AZ) Welch This is a 5-minute vote. Diaz-Balart Kelly Posey Hastings (WA) Paulsen West Dicks Kildee Price (GA) The vote was taken by electronic de- Dingell Hayworth Payne Whitfield Kind Price (NC) Doggett King (IA) Quayle Heck Pearce Wilson (FL) vice, and there were—yeas 409, nays 1, Dold King (NY) Quigley Heinrich Pelosi Wilson (SC) not voting 21, as follows: Donnelly (IN) Kingston Rahall Herger Perlmutter Wittman [Roll No. 637] Doyle Kinzinger (IL) Rangel Herrera Beutler Peters Wolf Dreier Kissell Reed Higgins Peterson Womack YEAS—409 Duffy Kline Rehberg Woolsey Himes Petri Ackerman Altmire Bachmann Duncan (SC) Kucinich Reichert Hinchey Pingree (ME) Yarmuth Adams Amash Bachus Duncan (TN) Labrador Renacci Hinojosa Pitts Yoder Aderholt Amodei Baldwin Edwards Lamborn Ribble Hirono Platts Young (FL) Akin Andrews Barber Ellison Lance Richardson Hochul Poe (TX) Young (IN) Alexander Austria Barletta

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7329 Richmond Schwartz Tipton Austria Duncan (TN) Kucinich Ribble Schrader Tipton Rigell Schweikert Tonko Bachmann Edwards Labrador Richardson Schwartz Tonko Rivera Scott (SC) Towns Bachus Ellison Lamborn Richmond Schweikert Towns Roby Scott (VA) Tsongas Baldwin Ellmers Lance Rigell Scott (SC) Tsongas Roe (TN) Scott, Austin Turner (NY) Barber Emerson Landry Rivera Scott (VA) Turner (OH) Rogers (AL) Scott, David Turner (OH) Barletta Engel Langevin Roby Scott, Austin Upton Rogers (KY) Sensenbrenner Upton Barrow Eshoo Lankford Roe (TN) Scott, David Van Hollen Rogers (MI) Serrano Van Hollen Barton (TX) Farenthold Larsen (WA) Rogers (AL) Sensenbrenner Vela´ zquez ´ Rohrabacher Sessions Velazquez Bass (CA) Farr Larson (CT) Rogers (KY) Serrano Visclosky Rokita Sewell Visclosky Bass (NH) Fattah Latham Rogers (MI) Sessions Walberg Rooney Sherman Walberg Becerra Fincher Latta Rohrabacher Sewell Walden Ros-Lehtinen Shimkus Walden Rokita Sherman Benishek Fitzpatrick Lee (CA) Walsh (IL) Roskam Shuster Walsh (IL) Rooney Shuster Berg Flake Levin Walz (MN) Ross (AR) Simpson Walz (MN) Ros-Lehtinen Simpson Berkley Fleischmann Lewis (CA) Wasserman Ross (FL) Sires Wasserman Roskam Sires Berman Fleming Lewis (GA) Schultz Rothman (NJ) Slaughter Schultz Ross (FL) Slaughter Biggert Flores Lipinski Waters Roybal-Allard Smith (NE) Waters Rothman (NJ) Smith (NE) Bilirakis Forbes LoBiondo Watt Royce Smith (NJ) Watt Roybal-Allard Smith (NJ) Bishop (GA) Fortenberry Loebsack Webster Runyan Smith (TX) Webster Bishop (NY) Foxx Lofgren, Zoe Royce Smith (TX) Ruppersberger Smith (WA) Welch Runyan Smith (WA) Welch Bishop (UT) Frank (MA) Long West Rush Southerland West Black Franks (AZ) Lowey Ruppersberger Southerland Ryan (OH) Speier Westmoreland Rush Speier Westmoreland Blackburn Frelinghuysen Lucas Wilson (FL) Ryan (WI) Stearns Whitfield Blumenauer Fudge Luetkemeyer Ryan (OH) Stearns ´ Wilson (SC) Sanchez, Linda Stivers Wilson (FL) Bonamici Gallegly Lummis Ryan (WI) Stivers ´ Wittman T. Stutzman Wilson (SC) Bonner Garamendi Lungren, Daniel Sanchez, Linda Stutzman Wolf Sanchez, Loretta Sullivan Wittman Boren Gardner E. T. Sullivan Womack Sarbanes Sutton Wolf Boustany Garrett Lynch Sanchez, Loretta Sutton Woodall Scalise Terry Womack Brady (PA) Gerlach Maloney Sarbanes Terry Woolsey Schakowsky Thompson (CA) Woodall Brady (TX) Gibbs Manzullo Scalise Thompson (CA) Yarmuth Schiff Thompson (MS) Woolsey Braley (IA) Gibson Marchant Schakowsky Thompson (MS) Yoder Schilling Thompson (PA) Yarmuth Broun (GA) Gingrey (GA) Marino Schiff Thompson (PA) Schmidt Thornberry Yoder Schilling Thornberry Young (AK) Brown (FL) Gohmert Markey Schock Tiberi Young (FL) Schmidt Tiberi Young (FL) Buchanan Goodlatte Massie Schrader Tierney Young (IN) Schock Tierney Young (IN) Bucshon Gosar Matheson NAYS—1 Buerkle Gowdy McCarthy (CA) NAYS—2 Burgess Granger McCarthy (NY) Young (AK) Butterfield Graves (GA) McCaul Matsui Moran NOT VOTING—21 Calvert Graves (MO) McClintock NOT VOTING—27 Camp Green, Al McCollum Baca Gonzalez Murphy (CT) Campbell Green, Gene McDermott Baca Gonzalez Pence Bartlett Johnson (IL) Nunnelee Canseco Griffin (AR) McGovern Bartlett Johnson (IL) Reyes Bilbray LaTourette Pence Capito Griffith (VA) McHenry Bilbray LaTourette Ross (AR) Bono Mack Luja´ n Reyes Capps Grijalva McIntyre Bono Mack Luja´ n Shimkus Boswell Mack Shuler Capuano Grimm McKeon Boswell Mack Shuler Cole McKinley Stark Carnahan Guinta McMorris Brooks McKinley Stark Gohmert Mica Waxman Carney Guthrie Rodgers Burton (IN) Mica Turner (NY) Cantor Murphy (CT) Waxman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Carson (IN) Gutierrez McNerney Carter Hahn Meehan Dicks Nunnelee Whitfield The SPEAKER pro tempore (during Cassidy Hall Meeks ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the vote). There are 2 minutes remain- Castor (FL) Hanabusa Michaud ing. Chabot Hanna Miller (FL) The SPEAKER pro tempore (during Chaffetz Harper Miller (MI) the vote). There are 2 minutes remain- b 1706 Chandler Harris Miller (NC) ing. Chu Hartzler Miller, Gary So (two-thirds being in the affirma- Cicilline Hastings (FL) Miller, George b 1713 tive) the rules were suspended and the Clarke (MI) Hastings (WA) Moore bill was passed. Clarke (NY) Hayworth Mulvaney So (two-thirds being in the affirma- Clay Heck Murphy (PA) tive) the rules were suspended and the The result of the vote was announced Cleaver Heinrich Myrick as above recorded. Clyburn Hensarling Nadler bill, as amended, was passed. A motion to reconsider was laid on Coble Herger Napolitano The result of the vote was announced Coffman (CO) Herrera Beutler Neal as above recorded. the table. Cohen Higgins Neugebauer Cole Himes Noem The title was amended so as to read: f Conaway Hinchey Nugent ‘‘A bill to amend title 5, United States GOVERNMENT EMPLOYEE Connolly (VA) Hinojosa Nunes Code, to provide for investigative leave Conyers Hirono Olson requirements with respect to Senior ACCOUNTABILITY ACT Cooper Hochul Olver Costa Holden Owens Executive Service employees, and for The SPEAKER pro tempore. The un- Costello Holt Palazzo other purposes.’’. finished business is the vote on the mo- Courtney Honda Pallone A motion to reconsider was laid on tion to suspend the rules and pass the Cravaack Hoyer Pascrell the table. bill (H.R. 6016) to amend title 5, United Crawford Huelskamp Pastor (AZ) Crenshaw Huizenga (MI) Paul PERSONAL EXPLANATION States Code, to provide for administra- Critz Hultgren Paulsen Mr. MICA. Mr. Speaker, I was unable to tive leave requirements with respect to Crowley Hunter Payne Senior Executive Service employees, Cuellar Hurt Pearce make votes the evening of Wednesday, De- Culberson Israel Pelosi cember 19, 2012 due to my attendance of a and for other purposes, as amended, on Cummings Issa Perlmutter which the yeas and nays were ordered. funeral. Had I been present, I would have Curson (MI) Jackson Lee Peters voted ‘‘yea’’ on rollcalls 637 and 638. The Clerk read the title of the bill. Davis (CA) (TX) Peterson The SPEAKER pro tempore. The Davis (IL) Jenkins Petri f DeFazio Johnson (GA) Pingree (ME) question is on the motion offered by DeGette Johnson (OH) Pitts ANNOUNCEMENT BY THE SPEAKER the gentleman from Texas (Mr. DeLauro Johnson, E. B. Platts PRO TEMPORE FARENTHOLD) that the House suspend DelBene Johnson, Sam Poe (TX) Denham Jones Polis The SPEAKER pro tempore. Pursu- the rules and pass the bill, as amended. Dent Jordan Pompeo This will be a 5-minute vote. DesJarlais Kaptur Posey ant to clause 8 of rule XX, the Chair The vote was taken by electronic de- Deutch Keating Price (GA) will postpone further proceedings vice, and there were—yeas 402, nays 2, Diaz-Balart Kelly Price (NC) today on motions to suspend the rules Dingell Kildee Quayle not voting 27, as follows: Doggett Kind Quigley on which a recorded vote or the yeas [Roll No. 638] Dold King (IA) Rahall and nays are ordered, or on which the Donnelly (IN) King (NY) Rangel YEAS—402 vote incurs objection under clause 6 of Doyle Kingston Reed rule XX. Ackerman Akin Amash Dreier Kinzinger (IL) Rehberg Adams Alexander Amodei Duffy Kissell Reichert Record votes on postponed questions Aderholt Altmire Andrews Duncan (SC) Kline Renacci will be taken later.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7330 CONGRESSIONAL RECORD — HOUSE December 19, 2012 MANN-GRANDSTAFF DEPARTMENT crawl to within ten meters of an enemy ma- evening. The following morning, the OF VETERANS AFFAIRS MED- chine gun and destroy it with hand grenades, enemy attacked, throwing hand gre- ICAL CENTER saving countless lives. Platoon Sergeant nades as they approached. A grenade Mr. MILLER of Florida. Mr. Speaker, Grandstaff eventually succumbed to his landed within a few feet of PFC Mann. I move to suspend the rules and pass wounds in the battlefield. Unable to raise his bandaged arms, the bill (H.R. 3197) to name the Depart- He was also posthumously awarded the PFC Mann yelled, Grenade, and threw ment of Veterans Affairs medical cen- Medal of Honor for his bravery on that day. his body on top of it. Saving his fellow ter in Spokane, Washington, as the Together, Private First Class Mann and Pla- soldiers, PFC Mann died moments after ‘‘Mann-Grandstaff Department of Vet- toon Sergeant Grandstaff are examples of the the explosion. For this act of gallantry, erans Affairs Medical Center’’. best, the most courageous, and the most giv- PFC Mann was awarded the Congres- The Clerk read the title of the bill. ing and selfless parts of the American spirit. sional Medal of Honor. The text of the bill is as follows: To have the VAMC in their home state of Born and raised in Spokane, Wash- Washington bear their names is a proper and ington, Platoon Sergeant Bruce A. H.R. 3197 befitting honor. Grandstaff graduated from North Cen- Be it enacted by the Senate and House of H.R. 3197 has received the unanimous sup- tral High School in 1952, and enlisted in Representatives of the United States of America in Congress assembled, port of Washington’s Congressional delegation the Army a few years later. In 1966, he and major veterans service organizations SECTION 1. NAME OF DEPARTMENT OF VET- volunteered for duty in Vietnam. On ERANS AFFAIRS MEDICAL CENTER, (VSOs). May 18, 1967, Platoon Sergeant SPOKANE, WASHINGTON. Among the many Washington State VSOs Grandstaff was leading a weapons pla- The Department of Veterans Affairs med- who have provided letters of support of this toon when it came under attack. De- ical center in Spokane, Washington, shall legislation are: the Veterans of Foreign Wars spite taking heavy fire from three di- after the date of the enactment of this Act of the United States Department of Wash- rections, he raced into the intense fire be known and designated as the ‘‘Mann- ington, the American Legion Department of to aid his men. Surrounded by 700 Grandstaff Department of Veterans Affairs Washington, the American Veterans Medical Center’’. Any reference to such med- enemy troops during a 5-hour siege and ical center in any law, regulation, map, doc- (AMVETS) Department of Washington, the being wounded in both legs, Platoon ument, record, or other paper of the United American Ex Prisoners of War Department of Sergeant Grandstaff continued to fight States shall be considered to be a reference Washington, the Disabled American Veterans and encourage his men. Realizing that to the Mann-Grandstaff Department of Vet- Department of Washington, the Fleet Reserve his position was being overrun, he erans Affairs Medical Center. Association Northwest Region, the Wash- asked for artillery fire on his exact lo- The SPEAKER pro tempore. Pursu- ington State Gold Star Mothers, the Gold Star cation, knowing full well it would re- ant to the rule, the gentleman from Wives of America Northwest Region, the De- sult in his death. Florida (Mr. MILLER) and the gen- partment of Washington Marine Corps His heroic actions that day imme- tleman from Maine (Mr. MICHAUD) each League, the Washington State Military Officers diately saved at least eight of his fel- will control 20 minutes. Association of America, and the Blue Star low brethren and saved many others by The Chair recognizes the gentleman Mothers of Washington. alerting them of the enemy’s bunkered from Florida. Further, the Congressional Budget Office, in location. At the time of his death, he a preliminary cost estimate, has assured me b 1720 had already been awarded the Silver that H.R. 3197 represents only a minimal cost Star for courage and valor in battle. Mr. MILLER of Florida. I yield my- of less than five hundred thousand dollars to For his gallantry that day in May, Pla- self such time as I may consume. the federal Government. toon Sergeant Grandstaff was post- H.R. 3197 would rename the medical At this time I yield such time as she humously awarded the Congressional center in Spokane the Mann-Grandstaff may consume to the sponsor of this Medal of Honor. Department of Veterans Affairs Med- particular piece of legislation, the Private First Class Mann and Pla- ical Center. This legislation would rec- chairwoman of the Republican Con- toon Sergeant Grandstaff are heroes, ognize not one but two American he- ference, the gentlelady from Wash- willing to sacrifice their own lives in roes, both Medal of Honor recipients: ington (Mrs. MCMORRIS RODGERS). order to protect their fellow soldiers. Private First Class Joe Eugene Mann Mrs. MCMORRIS RODGERS. Thank Their selfless advancement of freedom, and Platoon Sergeant Bruce Alan you, Mr. Chairman. liberty, justice, and democracy is truly Grandstaff. Their story is nothing less I rise today in strong support of H.R. humbling. I am honored to represent than heroic. 3197, naming the Veterans Affairs Med- the legacy both men left behind for Private First Class Mann served in the 101st ical Center in Spokane, Washington, eastern Washington and our Nation. Infantry Division of the U.S. Army during after two of our local eastern Wash- Mr. Speaker, I urge all of my col- World War II. ington heroes the Mann-Grandstaff De- leagues to join in honoring these two On September 18, 1944, while under heavy partment of Veteran Affairs Medical eastern Washington heroes, Private fire, he crept into range of the enemy’s artillery Center. Private First Class Joe E. First Class Joe E. Mann and Platoon position and was able to destroy key weap- Mann and Platoon Sergeant Bruce A. Sergeant Bruce A. Grandstaff, and to onry. Though wounded four times, he refused Grandstaff are heroes from eastern support H.R. 3197. medical evacuation in order to remain with Washington who gave their last full Mr. MICHAUD. I yield myself such and stand guard over his platoon throughout measure of devotion to our Nation. time as I may consume. the night. During an attack the next morning, Both men have been awarded the Medal I rise today to offer my support of PFC Mann selflessly threw himself on top of a of Honor for their bravery in World H.R. 3197, a bill to name the Depart- live grenade, sacrificing his own life to save War II and the Vietnam War, respec- ment of Veterans Affairs Medical Cen- those of his fellow soldiers around him. tively. ter in Spokane, Washington, the Mann- He was posthumously awarded the Medal of After graduating from high school in Grandstaff Department of Veterans Af- Honor for his bravery on August 30, 1945. Reardan, Washington, Private First fairs Medical Center. Platoon Sergeant Grandstaff served in the Class Joe E. Mann, like two of his Private First Class Joe Mann served Eight Infantry Regiment, Fourth Infantry Divi- brothers, joined the Army and trained with the 101st Airborne division during sion during the Vietnam War. at Fort Lewis in Washington State. World War II. He lost his life in the On May 18, 1967, a weapons platoon he Two years after enlisting, PFC Mann Netherlands, courageously absorbing was leading came under attack. Though he was on the front lines in Best, Holland, the blast of a hand grenade with his was under heavy enemy fire from three direc- where his platoon was surrounded. In body to protect those around him while tions, Platoon Sergeant Grandstaff raced to the face of heavy fire, PFC Mann was in battle. Later, in 1954, Private First the aid of several of his fellow soldiers who able to destroy an ammunition dump Class Mann received the Medal of had been wounded, saving the life of one. Se- and took out numerous enemy troops. Honor. riously wounded himself and unable to maneu- Despite being wounded four times, in- Platoon Sergeant Bruce Grandstaff ver around the enemy onslaught, he refused cluding both arms, PFC Mann refused also received the Medal of Honor after medical aid and continued to defend his posi- to be evacuated and instead remained his death. Having served in Vietnam, tion fiercely. At one point, he was able to with his platoon and stood guard that Sergeant Grandstaff found his platoon

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7331 surrounded by the enemy near the Affairs located at 9800 West Commer- Florida, and the Jewish War Veterans of the Cambodia border and crawled through cial Boulevard in Sunrise, Florida, as United States. the front lines to save his comrades. the ‘‘William ‘Bill’ Kling VA Clinic’’. b 1730 Despite his wounds, he was able to no- The Clerk read the title of the bill. tify the U.S. helicopters of their loca- The text of the bill is as follows: Mr. Speaker, at this time I have no tion and valiantly called for artillery H.R. 6443 further speakers, but I do want to re- in order to prevent the enemy from ad- Be it enacted by the Senate and House of Rep- serve the balance of my time so the vancing. resentatives of the United States of America in gentleman from Maine can recognize Private First Class Mann and Ser- Congress assembled, the sponsor of the legislation. geant Grandstaff went above and be- SECTION 1. WILLIAM ‘‘BILL’’ KLING VA CLINIC. Mr. MICHAUD. Mr. Speaker, I would yond the call of duty and made the ul- (a) DESIGNATION.—The facility of the De- now like to yield to the gentlewoman timate sacrifice for our Nation. It is partment of Veterans Affairs located at 9800 from Florida (Ms. WASSERMAN most appropriate that the VA Medical West Commercial Boulevard in Sunrise, SCHULTZ) such time as she may con- Florida, shall be known and designated as sume. Center in Spokane be renamed in honor the ‘‘William ‘Bill’ Kling VA Clinic’’. of these two heroes. Ms. WASSERMAN SCHULTZ. I (b) REFERENCES.—Any reference in a law, thank the gentleman. I thank both I urge my colleagues to support this map, regulation, document, paper, or other legislation, and I yield back the bal- record of the United States to the facility re- gentlemen. ance of my time. ferred to in subsection (a) shall be deemed to I rise to offer H.R. 6443, a bill that Mr. MILLER of Florida. Mr. Speaker, be a reference to the ‘‘William ‘Bill’ Kling will designate the Department of Vet- I do also want to thank the sponsor of VA Clinic’’. erans Affairs health clinic located at this legislation, Mrs. MCMORRIS ROD- The SPEAKER pro tempore. Pursu- 9800 West Commercial Boulevard in the GERS. She’s the wife of a retired Navy ant to the rule, the gentleman from city of Sunrise, Florida, as the William commander, and she herself has proven Florida (Mr. MILLER) and the gen- ‘‘Bill’’ Kling VA Clinic. I offer this bill, to be a strong and steadfast advocate tleman from Maine (Mr. MICHAUD) each along with the entire Florida House for veterans in Washington and around will control 20 minutes. delegation, to honor a beloved member this country. The Chair recognizes the gentleman of our south Florida veterans’ commu- I also want to say thanks to my good from Florida. nity, William ‘‘Bill’’ Kling, who passed friend, the new ranking member, MIKE Mr. MILLER of Florida. Mr. Speaker, away, sadly, on August 6 at age 84. MICHAUD, for his leadership in helping I yield myself such time as I may con- My deepest appreciation goes out to to move this legislation to the floor. sume. the Committee on Veterans’ Affairs He’s been an active and valuable mem- The legislation before us would name and Chairman MILLER, who is a good ber of our committee since his first the VA community-based outpatient friend from the great State of Florida, days in Congress almost a decade ago, clinic in Sunrise, Florida, the William for supporting this effort and helping it and he himself has proven himself time ‘‘Bill’’ Kling VA Clinic. William, better to come to the floor. and time again a strong voice for known as Bill, served as a Navy radar Bill was a member of our greatest America’s veterans. technician during the Second World generation of Americans, serving our GENERAL LEAVE War. Nation as a radar technician for the Mr. MILLER of Florida. Mr. Speaker, When he moved to Plantation, Florida, in Navy during World War II. But Bill’s I ask unanimous consent that all Mem- 1973, Bill continued his service—this time as service to our Nation was far from over bers have 5 legislative days in which to an advocate for his fellow veterans. He spent when he returned from war. In fact, it revise and extend their remarks and in- eight years as Florida’s Commissioner of Vet- was just beginning. clude any extraneous materials on H.R. erans Affairs and twenty-seven years as the Bill Kling became a national leader 3197. President of the Broward County Veterans and one of the strongest advocates for The SPEAKER pro tempore. Is there Council. Bill was also a proud and active our Nation’s veterans. He was dedi- objection to the request of the gen- member of the American Legion, the Veterans cated to helping generations of vet- tleman from Florida? of Foreign Wars, the Disabled American Vet- erans as they returned to civilian life. There was no objection. erans, and the Jewish War Veterans of the He worked tirelessly to make sure our Mr. MILLER of Florida. Mr. Speaker, United States. veterans were getting the benefits they I urge all of my colleagues to join me In each of those capacities, he worked tire- deserved, from education under the GI in supporting H.R. 3197, and I yield lessly to ensure that the struggles and tri- Bill to quality health care through our back the balance of my time. umphs of veterans in Broward County, in Flor- VA system. The SPEAKER pro tempore. The ida, and around the county were properly rec- I’m sure my Florida colleagues will question is on the motion offered by ognized and respected. agree that Bill was a force to be reck- the gentleman from Florida (Mr. MIL- He was instrumental in the opening of a VA oned with, ever brightening our con- LER) that the House suspend the rules CBOC in Oakland Park more than two dec- gressional doorways, pushing the ur- and pass the bill, H.R. 3197. ades ago and, when that facility became un- gency of the issue at hand. The question was taken. serviceable, played an active role in relocating I know we are all grateful for the re- The SPEAKER pro tempore. In the it to Sunrise. markable legacy he leaves behind, and opinion of the Chair, two-thirds being Thanks in part to his efforts, the Broward he will be sorely missed. In particular, in the affirmative, the ayes have it. County CBOC reopened in Sunrise in 2008 my thoughts and prayers go out to Mr. MICHAUD. Mr. Speaker, I object and has been helping to improve the health Bill’s family, including his children, to the vote on the ground that a and daily lives of Broward County veterans Marsha Mittentag and Steven Kling. quorum is not present and make the each day since. I had the distinct pleasure, Mr. point of order that a quorum is not Today, the entrance to that ninety-eight Speaker, of working with Bill for the present. thousand square foot clinic bears a plaque last 23 years and have witnessed first- The SPEAKER pro tempore. Pursu- dedicated to Bill. hand the many ways he helped thou- ant to clause 8 of rule XX, further pro- Given the leadership he has unquestionably sands of veterans in Florida. I’m also ceedings on this question will be post- shown on behalf of his fellow veteran Florid- proud to have called him my friend. poned. ians, it is only proper that that facility should For the past 7 years, Bill served as the The point of no quorum is considered now also bear his name. chair of my Military Academy Nomina- withdrawn. H.R. 6443 has received the unanimous sup- tions Board, where he helped the next f port of Florida’s Congressional delegation and generation of military leaders realize Florida’s major veterans service organizations their dream of serving the country WILLIAM ‘‘BILL’’ KLING VA CLINIC (VSOs). they love. Mr. MILLER of Florida. Mr. Speaker, Among the VSOs who have provided letters For 8 years he served on the Florida I move to suspend the rules and pass of support in favor of this legislation are: the Commission on Veterans’ Affairs, and the bill (H.R. 6443) to designate the fa- Vietnam Veterans of America Florida State for the past 27 years, as you’ve heard, cility of the Department of Veterans Council, the American Legion Department of he was the president of the Broward

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7332 CONGRESSIONAL RECORD — HOUSE December 19, 2012 County Veterans Council. He also led I rise today and urge unanimous sup- erans Affairs facility in Sunrise, Florida, as the the Jewish War Veterans and was a port for H.R. 6443, to designate the De- ‘‘William ‘Bill’ Kling VA Clinic.’’ member of the American Legion, Vet- partment of Veterans Affairs facility in Mr. Kling was a World War II veteran, hav- erans of Foreign Wars, and the Dis- Sunrise as the Bill Kling VA Clinic. ing served as a radar technician in the United abled American Veterans. Naming this clinic after Bill Kling is States Navy. The list of superlatives for Bill is more than a way to honor the memory He went on to serve as a staunch advocate long and shows him as the great Amer- of a great man. It’s a most fitting way for the veterans of Florida, including: 27 years ican that he was. Bill was inducted to acknowledge one of Bill’s greatest as President of the Broward County Veterans into the Broward Senior Hall of Fame, accomplishments as a tireless advocate Council, 8 years as Florida’s Commissioner of received the Humanitarian of the Year for south Florida’s veterans. Veterans Affairs, and Memberships with The award from the Dolphin Democrats, Because of Bill Kling, Florida’s vet- American Legion, Veterans of Foreign Wars, and changed the scope of veterans’ erans are better cared for. Year after Jewish War Veterans and Disabled American services in south Florida. year he fought for the benefits that our Veterans. In particular, he helped bring the veterans so rightfully earned during Mr. Kling fought for greater access to Alexander ‘‘Sandy’’ Nininger Veterans’ their service, including education healthcare for his fellow veterans, which after Nursing Home to Pembroke Pines in under the GI Bill and health care 13 years of advocacy, led to the opening of 2001 and worked with other veterans to through the VA. this facility in Sunrise in 2008. create the South Florida National His achievements were many, but it Moreover, Mr. Kling was also a key player Cemetery in Palm Beach in 2007. was the opening of the clinic in Sunrise in the opening of the South Florida National One of Bill’s greatest accomplish- that Bill was the most proud of. He had Cemetery in 2007 and the State Veterans ments and lasting legacies was ensur- previously assisted with the establish- Nursing Home in Pembroke Pines in 2001. ing that veterans would have easy ac- ment of an outpatient clinic in Oak- While Mr. Kling is no longer with us, his tire- cess to quality medical care. Bill no- land Park. As the years passed and the less advocacy on behalf of our Nation’s vet- ticed that too often veterans in facility was no longer suitable to care erans lives makes him the perfect candidate Broward County had to travel too far for the veterans, he started on what for the naming of the VA clinic in Sunrise. to go to a VA facility to get the care would be a 13-year project of estab- Before yielding back my time, I’d they needed. With that in mind, he lishing a new facility. After years of also like to thank Chairman MILLER helped open the Oakland Park VA out- obstacles, the clinic opened in 2008 on and your entire staff for working with patient clinic more than two decades his birthday. He commented at the the minority staff to bring these two ago. When the building the clinic occu- time that the fight was not for a build- bills before the House. But I also want pied began deteriorating, Bill worked ing, the fight was for better health care to thank you for your friendship and for our veterans. Now, thanks to Bill to open a brand new facility. Even your guidance over the years as we Kling and thanks to his vision, vet- though this effort took years, Bill kept both served on the Veterans’ Affairs erans in south Florida have a local VA a smile on his face and kept working to Committee. I look forward to my new health care facility available to them. overcome every obstacle because that’s role as the ranking member of the Vet- The veterans from the west side of the just how Bill Kling operated. erans’ Affairs Committee and look for- county are able to receive medical as- So in 2008, a new 98,000-square-foot ward to working with you and your sistance without the burden of having clinic opened in Sunrise, and fittingly staff as well. to travel long distances. on Bill’s birthday. I think it’s fair to I want to thank you for your strong I urge my colleagues to join me in re- advocacy for our veterans. That’s one say that without Bill Kling this won- naming this clinic in his honor. Every of the reasons why I think we work derful center that serves thousands of veteran cared for in this clinic is part very well together—we have a common our veterans each year might not exist. of Bill’s lasting legacy. I’m humbled to goal, a common purpose to help our With that in mind, my good friend remember him today not just as a com- veterans and their families out. So I and colleague, Congressman TED munity leader but as a friend. I com- DEUTCH, and I and the rest of the dele- want to thank you and look forward to mend Congresswoman WASSERMAN gation offer this legislation today working with you in the upcoming SCHULTZ, my good friend and colleague, Congress as well as the remainder of which will rename the Broward out- for her introduction of this bill and her this Congress. patient clinic as the William ‘‘Bill’’ comments honoring the memory of Mr. With that, Mr. Speaker, I yield back Kling VA Clinic. This is such a fitting Kling. He truly was caring and compas- the balance of my time. way to memorialize and thank Bill sionate, a loyal person and a loyal Kling. With passage of this bill, every friend. He made everyone who crossed GENERAL LEAVE veteran who walks through the doors his path feel as though they were the Mr. MILLER of Florida. Mr. Speaker, of the Broward VA Clinic will know the most special person he knew. I ask unanimous consent that all Mem- name of the man who did so much for Finally, Mr. Speaker, when we an- bers would have 5 legislative days to so many. nounced the legislation to rename this revise and extend and add any extra- Mr. Speaker, I urge my colleagues to facility at the facility there were some neous material for H.R. 6443. support passage of this legislation so veterans standing out in front waiting The SPEAKER pro tempore. Is there we may pay tribute to a great Amer- to go in. They asked what the hubbub objection to the request of the gen- ican, William ‘‘Bill’’ Kling. was about, and they asked why all the tleman from Florida? Mr. MILLER of Florida. I am grate- TV cameras, and I explained to them There was no objection. ful to my good friend from Florida (Ms. who Bill Kling was and why this was Mr. MILLER of Florida. I appreciate WASSERMAN SCHULTZ) for bringing this being done. They were grateful for the the kind remarks by my good friend, legislation to the floor and honoring opportunity to know, and now veterans the ranking member of the Veterans’ such a fine gentleman. I also again just like those veterans, when they Affairs Committee. I once again en- want to thank the ranking member for walk through the front door, will learn courage all Members to support this helping us work so quickly to bring not only about Bill Kling but will learn legislation, and I yield back the bal- this legislation to the floor. of his example as a veteran for con- ance of my time. I would also note that, in closing, a tinuing to work hard every single day The SPEAKER pro tempore. The preliminary cost estimate provided by for his fellow veterans. What a great question is on the motion offered by CBO, H.R. 6443 represents only a mini- honor we’re bestowing on his family by the gentleman from Florida (Mr. MIL- mal cost to the Federal Government. honoring his memory in this way. LER) that the House suspend the rules With that, I reserve the balance of Again, I urge my colleagues to unani- and pass the bill, H.R. 6443. my time. mously support H.R. 6443, honoring this The question was taken. Mr. MICHAUD. Mr. Speaker, I now late, great American. The SPEAKER pro tempore. In the would yield 3 minutes to the gentleman Mr. MICHAUD. Mr. Speaker, I yield opinion of the Chair, two-thirds being from Florida (Mr. DEUTCH). myself such time as I may consume. in the affirmative, the ayes have it. Mr. DEUTCH. I thank my friend from I rise today to offer my support of H.R. Mr. MICHAUD. Mr. Speaker, I object Maine. 6443, a bill to designate a Department of Vet- to the vote on the ground that a

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7333 quorum is not present and make the South Carolina, as the Representative In 1991, Curtis was elected to the point of order that a quorum is not Curtis B. Inabinett, Sr. Post Office. South Carolina House of Representa- present. This bill was introduced on September tives. He retired from the State house The SPEAKER pro tempore. Pursu- 12. in 2000. Following the 2001 settlement ant to clause 8 of rule XX, further pro- Mr. Speaker, Mr. Inabinett is a long- of a redistricting lawsuit, Curtis be- ceedings on this question will be post- standing and faithful citizen of South came one of three African Americans poned. Carolina. He was born there in 1931 and who won seats on the Charleston Coun- The point of no quorum is considered attended grade school, college, and ty Council, where he served until 2011. withdrawn. graduate school in the State. Later, he Throughout his tenure representing f taught at Baptist High School in his hometown of Ravenel, whether as Charleston County and was appointed its mayor, its State representative, or b 1740 to the Charleston County Election on the county council, Curtis has been HOUR OF MEETING ON TOMORROW Commission. He became the mayor of a fierce advocate for the needs of his Ravenel, South Carolina, and joined community. He has broken down bar- Mr. MILLER of Florida. Mr. Speaker, the South Carolina House of Represent- riers throughout his life, and I’m sure I ask unanimous consent that when the atives where he served until 2001. the town of Ravenel will be proud to be House adjourns today, it adjourn to Mr. Speaker, Representative the home of the Representative Curtis meet at noon tomorrow. Inabinett is a worthy designee of this B. Inabinett, Sr. Post Office. The SPEAKER pro tempore (Mr. postal facility naming, and I urge all Mrs. MALONEY. Mr. Speaker, having CANSECO). Is there objection to the re- Members to join me in support of this no other speakers, I yield back the bal- quest of the gentleman from Florida? bill. ance of my time. There was no objection. I reserve the balance of my time. Mr. FARENTHOLD. Mr. Speaker, as f Mrs. MALONEY. Mr. Speaker, I yield the gentleman from South Carolina has REPRESENTATIVE CURTIS B. myself as much time as I may con- so eloquently put it, this is a fine, fine INABINETT, SR. POST OFFICE sume. gentleman, well deserving of having Mr. Speaker, as a member of the this postal facility named after him. I Mr. FARENTHOLD. Mr. Speaker, I Committee on Oversight and Govern- urge all Members to support passage of move to suspend the rules and pass the ment Reform, I am pleased to join my H.R. 6379 and yield back the balance of bill (H.R. 6379) to designate the facility colleagues in a bipartisan way in the my time. of the United States Postal Service lo- consideration of H.R. 6379 to designate The SPEAKER pro tempore. The cated at 6239 Savannah Highway in the facility of the United States Postal question is on the motion offered by Ravenel, South Carolina, as the ‘‘Rep- Service located at 6239 Savannah High- the gentleman from Texas (Mr. resentative Curtis B. Inabinett, Sr. way in Ravenel, South Carolina, as the FARENTHOLD) that the House suspend Post Office’’. Representative Curtis B. Inabinett, Sr. the rules and pass the bill, H.R. 6379. The Clerk read the title of the bill. Post Office. The question was taken. The text of the bill is as follows: I am pleased to yield 5 minutes to the The SPEAKER pro tempore. In the H.R. 6379 distinguished assistant Democratic opinion of the Chair, two-thirds being Be it enacted by the Senate and House of Rep- leader, Congressman CLYBURN from the in the affirmative, the ayes have it. resentatives of the United States of America in great State of South Carolina, for as Mrs. MALONEY. Mr. Speaker, I ob- Congress assembled, much time as he may consume. ject to the vote on the ground that a SECTION 1. REPRESENTATIVE CURTIS B. Mr. CLYBURN. Mr. Speaker, I thank quorum is not present and make the INABINETT, SR. POST OFFICE. the gentlelady from New York for point of order that a quorum is not (a) DESIGNATION.—The facility of the yielding me the time. present. United States Postal Service located at 6239 Mr. Speaker, I rise today in support Savannah Highway in Ravenel, South Caro- The SPEAKER pro tempore. Pursu- lina, shall be known and designated as the of H.R. 6379, naming the post office in ant to clause 8 of rule XX, further pro- ‘‘Representative Curtis B. Inabinett, Sr. Post Ravenel, South Carolina, after Rep- ceedings on this question will be post- Office’’. resentative Curtis B. Inabinett, Sr. poned. (b) REFERENCES.—Any reference in a law, I want to thank my colleagues in the The point of no quorum is considered map, regulation, document, paper, or other South Carolina congressional delega- withdrawn. record of the United States to the facility re- tion for their support of this bill. f ferred to in subsection (a) shall be deemed to Curtis Inabinett was born in be a reference to the ‘‘Representative Curtis Islandton, South Carolina, to Cornelius SIDNEY ‘‘SID’’ SANDERS MCMATH B. Inabinett, Sr. Post Office’’. Benjamin Inabinett and Eula Lee Ste- POST OFFICE BUILDING The SPEAKER pro tempore. Pursu- phens-Inabinett. When Curtis was 11, Mr. FARENTHOLD. Mr. Speaker, I ant to the rule, the gentleman from his father passed away, leaving Curtis, move to suspend the rules and pass the Texas (Mr. FARENTHOLD) and the gen- as the oldest of 11 siblings, to shoulder bill (H.R. 3869) to designate the facility ALO- tlewoman from New York (Mrs. M the responsibility of helping to manage of the United States Postal Service lo- NEY) each will control 20 minutes. the family farm and look after his cated at 600 East Capitol Avenue in The Chair recognizes the gentleman younger brothers and sisters. Little Rock, Arkansas, as the ‘‘Sidney from Texas. Curtis attended South Carolina State ‘Sid’ Sanders McMath Post Office GENERAL LEAVE College, and after several years in the Building’’. Mr. FARENTHOLD. Mr. Speaker, I United States Army, he became a The Clerk read the title of the bill. yield myself such time as I may con- teacher at Baptist Hill High School in The text of the bill is as follows: sume and ask unanimous consent that Charleston County, South Carolina, H.R. 3869 all Members may have 5 legislative where he taught for 13 years. He then Be it enacted by the Senate and House of Rep- days within which to revise and extend became the principal of R D Schroder resentatives of the United States of America in their remarks and include extraneous Middle School, a position he held until Congress assembled, material on H.R. 6379. his retirement in 1989. SECTION 1. SIDNEY ‘‘SID’’ SANDERS MCMATH The SPEAKER pro tempore. Is there His commitment to public service POST OFFICE BUILDING. objection to the request of the gen- went beyond his passion for education. (a) DESIGNATION.—The facility of the tleman from Texas? He and I got started in politics around United States Postal Service located at 600 There was no objection. the same time when he was appointed East Capitol Avenue in Little Rock, Arkan- Mr. FARENTHOLD. Mr. Speaker, as the first African American on the sas, shall be known and designated as the H.R. 6379, introduced by the gentleman Charleston County Election Commis- ‘‘Sidney ‘Sid’ Sanders McMath Post Office Building’’. LYBURN from South Carolina (Mr. C ), sion. Later, Curtis would win a seat on (b) REFERENCES.—Any reference in a law, would designate the facility of the the Ravenel Town Council, and in 1982, map, regulation, document, paper, or other United States Postal Service located at he became the first African American record of the United States to the facility re- 6239 Savannah Highway in Ravenel, mayor of Ravenel. ferred to in subsection (a) shall be deemed to

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7334 CONGRESSIONAL RECORD — HOUSE December 19, 2012 be a reference to the ‘‘Sidney ‘Sid’ Sanders started his career as an enlisted officer posthumously awarded the Arkansas McMath Post Office Building’’. with the U.S. Marine Corps. Having Historical Association’s highest acco- The SPEAKER pro tempore. Pursu- fought in the battle for the Solomon Is- lade, the John G. Ragsdale Prize. ant to the rule, the gentleman from lands in World War II, Mr. McMath Today we honor Sid McMath’s dedi- Texas (Mr. FARENTHOLD) and the gen- would earn the rank of lieutenant colo- cation and service to his State and Na- tlewoman from New York (Mrs. MALO- nel for his courageous efforts in the tion by installing a permanent marker NEY) each will control 20 minutes. war. When he retired from the U.S. Ma- of his contribution to Arkansas and The Chair recognizes the gentleman rine Corps, his rank was major general. America. His example is one all Ameri- from Texas. A decorated war hero, McMath would cans and Arkansans can admire, and I b 1750 return to his hometown of Hot Springs urge my colleagues to join me in sup- in time to be elected as a local pros- porting this bill to honor his legacy. GENERAL LEAVE ecutor. Earning a reputation as a re- Mrs. MALONEY. Mr. Speaker, having Mr. FARENTHOLD. Mr. Speaker, I former, he worked tirelessly to rid the no other speakers, I yield back the bal- ask unanimous consent that all Mem- local government of corruption. His ance of my time. bers may have 5 legislative days in noble actions and hard work would Mr. FARENTHOLD. Mr. Speaker, I which to revise and extend their re- carry him to victory in the 1948 elec- join with Representative GRIFFIN in marks and include extraneous material tion to become Governor of Arkansas. urging all of our Members to support on the bill under consideration. Leading the way as a reformist in all this bill in the naming of the Sidney The SPEAKER pro tempore. Is there manners, McMath fought for civil ‘‘Sid’’ Sanders McMath Post Office objection to the request of the gen- rights for African Americans and mod- Building, and I yield back the balance tleman from Texas? ernized the Arkansas transportation of my time. There was no objection. infrastructure. The SPEAKER pro tempore. The Mr. FARENTHOLD. Mr. Speaker, His hard work and determination question is on the motion offered by H.R. 3869, introduced by the gentleman have cemented his legacy in Arkansas’s the gentleman from Texas (Mr. from Arkansas (Mr. GRIFFIN), would history. To commemorate Sidney FARENTHOLD) that the House suspend designate the facility of the United ‘‘Sid’’ Sanders McMath, I ask that we the rules and pass the bill, H.R. 3869. States Postal Service located at 600 pass the measure before us, and I re- The question was taken. East Capitol Avenue in Little Rock, serve the balance of my time. The SPEAKER pro tempore. In the Arkansas, as the Sidney ‘‘Sid’’ Sanders Mr. FARENTHOLD. Mr. Speaker, at opinion of the Chair, two-thirds being McMath Post Office Building. The bill this time, I would like to yield as much in the affirmative, the ayes have it. was introduced on February 1 and was time as he may consume to the gen- Mrs. MALONEY. Mr. Speaker, I ob- reported from the Government Over- tleman from Arkansas (Mr. GRIFFIN). ject to the vote on the ground that a sight and Reform Committee on Feb- Mr. GRIFFIN of Arkansas. Mr. quorum is not present and make the ruary 7. Speaker, I rise today in support of H.R. point of order that a quorum is not Mr. Speaker, Sid McMath was a pros- 3869. This bill would designate the fa- present. ecuting attorney, a decorated United cility of the United States Post Office The SPEAKER pro tempore. Pursu- States Marine officer, and the 34th located at 600 East Capitol Avenue in ant to clause 8 of rule XX, further pro- Governor of the great State of Arkan- Little Rock as the Sidney ‘‘Sid’’ Sand- ceedings on this question will be post- sas. As a Marine officer, he received ers McMath Post Office Building. poned. the Legion of Merit Silver Star for his Sid McMath is one of Arkansas’s fin- The point of no quorum is considered heroic leadership during World War II. est sons, and he dedicated his life to withdrawn. As Governor, McMath championed sev- serving Arkansas and our country. He eral infrastructure improvements to was the 34th Governor of Arkansas and f benefit his State. This included the served as a U.S. Marine in World War paving of primary roads and expanding II. He received the Silver Star for his ELIZABETH L. KINNUNEN POST rural electrification. valor during the Battle of Piva Forks. OFFICE BUILDING McMath unfortunately died in his Sid McMath was born in Columbia Mr. FARENTHOLD. Mr. Speaker, I home in Little Rock, Arkansas, on Sat- County, Arkansas, on June 14, 1912. In move to suspend the rules and pass the urday, October 4, 2003. He was given a high school, he was a skilled boxer and bill (H.R. 3378) to designate the facility full military funeral by the U.S. Ma- won the State Golden Gloves title. He of the United States Postal Service lo- rine Corps Honor Guard. worked his way through college at the cated at 220 Elm Avenue in Munising, Mr. Speaker, Mr. McMath is a very University of Arkansas by waiting ta- Michigan, as the ‘‘Elizabeth L. worthy designee of this postal facility bles, washing dishes, and fighting in Kinnunen Post Office Building’’. naming, and I urge all Members to join exhibition boxing matches. After col- The Clerk read the title of the bill. me in support of this bill. lege, he served as a United States Ma- The text of the bill is as follows: With that, I reserve the balance of rine during World War II where he dis- H.R. 3378 my time. tinguished himself in combat and Be it enacted by the Senate and House of Rep- Mrs. MALONEY. Mr. Speaker, I yield earned the Silver Star and the Legion resentatives of the United States of America in myself such time as I may consume. of Merit. Congress assembled, As a member of the House Committee In 1948, Sid McMath was elected as SECTION 1. ELIZABETH L. KINNUNEN POST OF- on Oversight and Government Reform, the 34th Governor of Arkansas, serving FICE BUILDING. I am pleased to join my colleagues in from 1949 to 1953. As Governor, he was (a) DESIGNATION.—The facility of the the consideration of H.R. 3869, to des- a staunch advocate for civil rights, United States Postal Service located at 220 ignate the facility of the U.S. Postal fighting to uphold voting rights for all Elm Avenue in Munising, Michigan, shall be Service located at 600 East Capitol Av- known and designated as the ‘‘Elizabeth L. Americans and working to abolish the Kinnunen Post Office Building’’. enue in Little Rock, Arkansas, as the poll tax. (b) REFERENCES.—Any reference in a law, ‘‘Sidney ‘Sid’ Sanders McMath Post Of- After serving as Governor, he contin- map, regulation, document, paper, or other fice Building.’’ ued his service to his Nation as a mem- record of the United States to the facility re- The bill before us was introduced by ber of the Marine Corps Reserve, rising ferred to in subsection (a) shall be deemed to Representative TIM GRIFFIN on Feb- to the rank of major general. In 1967, be a reference to the ‘‘Elizabeth L. Kinnunen ruary 1, 2012. In accordance with com- he founded the Marine Corps Junior Post Office Building’’. mittee requirements, H.R. 3869 is co- ROTC at Catholic High School for Boys The SPEAKER pro tempore. Pursu- sponsored by all members of the Ar- in Little Rock. Many of the cadets ant to the rule, the gentleman from kansas delegation and was reported out known as ‘‘Sid’s Kids’’ have followed Texas (Mr. FARENTHOLD) and the gen- of the Oversight Committee by unani- his example by serving our country. tlewoman from New York (Mrs. MALO- mous consent on June 27, 2012. Governor McMath passed away in NEY) each will control 20 minutes. As a former two-term Governor for 2003 at the age of 91 in Little Rock. His The Chair recognizes the gentleman Arkansas, Sidney Sanders McMath autobiography, ‘‘Promises Kept,’’ was from Texas.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7335 GENERAL LEAVE Mr. FARENTHOLD. I yield as much FARENTHOLD) that the House suspend Mr. FARENTHOLD. Mr. Speaker, I time as he may consume to my distin- the rules and pass the bill, H.R. 3378. ask unanimous consent that all Mem- guished colleague from the State of The question was taken. bers may have 5 legislative days within Michigan (Mr. BENISHEK). The SPEAKER pro tempore. In the which to revise and extend their re- Mr. BENISHEK. Thanks to the gen- opinion of the Chair, two-thirds being marks and add extraneous material to tleman from Texas. in the affirmative, the ayes have it. the RECORD regarding H.R. 3378. Mr. Speaker, I come to the floor Mrs. MALONEY. Mr. Speaker, I ob- The SPEAKER pro tempore. Is there today to urge my colleagues to support ject to the vote on the ground that a objection to the request of the gen- my legislation, H.R. 3378, a bill to quorum is not present and make the tleman from Texas? name the post office building in point of order that a quorum is not There was no objection. Munising, Michigan, after the late Mrs. present. Mr. FARENTHOLD. Mr. Speaker, I Elizabeth Kinnunen. The SPEAKER pro tempore. Pursu- yield myself such time as I may con- Mrs. Kinnunen’s story is like that of ant to clause 8 of rule XX, further pro- sume. many people’s from northern Michigan ceedings on this question will be post- H.R. 3378, introduced by the gen- and all across this Nation. It’s a story poned. tleman from Michigan (Mr. BENISHEK), of an immigrant who came to this The point of no quorum is considered would designate the facility of the country in the hopes of a better life withdrawn. United States Postal Service located at and left America a better place. Mrs. f Kinnunen came to our country from 220 Elm Avenue in Munising, Michigan, CECIL E. BOLT POST OFFICE as the Elizabeth L. Kinnunen Post Of- Finland in 1903. She married Oscar fice Building. Kinnunen in 1909. They had 11 children, Mr. FARENTHOLD. Mr. Speaker, I This bill was introduced November 4, and like parents do all across this move to suspend the rules and pass the 2011, and reported from the Govern- country, they worked hard all of their bill (H.R. 4389) to designate the facility ment Oversight and Reform Committee lives to ensure that their children of the United States Postal Service lo- on February 7, 2012. would have a shot at the American cated at 19 East Merced Street in Mr. Speaker, Elizabeth Kinnunen was Dream. Fowler, California, as the ‘‘Cecil E. a strong pillar of her community in Mr. and Mrs. Kinnunen operated a Bolt Post Office’’. Munising, Michigan. She and her hus- boarding house in Marquette, Michi- The Clerk read the title of the bill. band, Oscar, operated a boarding house gan. They provided warm beds to many The text of the bill is as follows: in Marquette, Michigan, and together timber and mining workers in Mar- H.R. 4389 they raised 11 children. Two of their quette County. Eventually, they moved Be it enacted by the Senate and House of Rep- sons fought bravely for their country to Munising, Michigan, where Oscar resentatives of the United States of America in and tragically gave their lives. Her son worked for the paper company and Congress assembled, Eiso was killed in action during World Elizabeth worked as a local cook. Mrs. SECTION 1. CECIL E. BOLT POST OFFICE. War II. Her son Raymond was killed Kinnunen was a faithful member of the (a) DESIGNATION.—The facility of the Messiah Lutheran Church in Munising. United States Postal Service located at 19 during the Korean war. East Merced Street in Fowler, California, Mrs. Kinnunen’s life was marked by b 1800 shall be known and designated as the ‘‘Cecil tragedy. Two of her sons, Eiso and Ray- E. Bolt Post Office’’. Mr. Speaker, Mrs. Kinnunen is a very mond, were both killed in war while de- (b) REFERENCES.—Any reference in a law, worthy designee of this postal facility fending the freedoms we cherish so map, regulation, document, paper, or other naming, and I urge all Members to join much. Eiso was killed in action during record of the United States to the facility re- me in the support of this bill. the Battle of the Bulge in 1945, and ferred to in subsection (a) shall be deemed to I reserve the balance of my time. Raymond lost his life in the Korean be a reference to the ‘‘Cecil E. Bolt Post Of- Mrs. MALONEY. Mr. Speaker, I yield War in 1952. We will never know the fice’’. myself as much time as I may con- devastating grief their family must The SPEAKER pro tempore. Pursu- sume. have suffered after such an enormous ant to the rule, the gentleman from As a member of the Committee on loss. We will also never be able to fath- Texas (Mr. FARENTHOLD) and the gen- Oversight and Government Reform, I om the somber dignity Mrs. Kinnunen tlewoman from New York (Mrs. MALO- am pleased to join my colleagues in the must have felt—in the words of Presi- NEY) each will control 20 minutes. consideration of H.R. 3378, to designate dent Lincoln—to have laid so costly a The Chair recognizes the gentleman the facility of the United States Postal sacrifice upon the altar of freedom. from Texas. Service located at 220 Elm Avenue in Mrs. Elizabeth Kinnunen died on GENERAL LEAVE Munising, Michigan, as the Elizabeth April 5, 1974, at the age of 81. She is not Mr. FARENTHOLD. Mr. Speaker, I L. Kinnunen Post Office Building. famous. Her name does not grace his- respectfully ask unanimous consent The bill before us was introduced by tory books; but Mrs. Kinnunen’s life— that all Members may have 5 legisla- my colleague DAN BENISHEK on Novem- the hard work she did, the family she tive days in which to revise and extend ber 4, 2011. In accordance with com- raised, the terrible sacrifices she en- their remarks and include extraneous mittee requirements, H.R. 3378 is co- dured—is a small but important part of material on the bill under consider- sponsored by all members of the Michi- this long story that we call the United ation. gan delegation, and it was reported out States. It is the countless lives like The SPEAKER pro tempore. Is there of the Oversight Committee by a voice hers that has made this country the objection to the request of the gen- vote on February 7, 2012. greatest Nation in the world. Naming tleman from Texas? Elizabeth Kinnunen has a very spe- this post office in her honor is a There was no objection. cial place in America’s heart due to her thoughtful and lasting way for the Mr. FARENTHOLD. Mr. Speaker, I personal sacrifice for our country. Mrs. community of Munising to celebrate yield myself as much time as I may Kinnunen is what we call a ‘‘double her life and accomplishments. consume. gold star mother.’’ Her son Eiso was I urge my colleagues to support this H.R. 4389, introduced by the gen- killed in action during the Battle of legislation. tleman from California (Mr. COSTA), the Bulge in World War II. Unfortu- Mrs. MALONEY. Mr. Speaker, having would designate the facility of the nately, years later, her son Raymond no further requests for time, I yield United States Postal Service located at was killed during the Korean War, back the balance of my time. 19 East Merced Street in Fowler, Cali- while a third son, Reino, served in West Mr. FARENTHOLD. I urge all Mem- fornia, as the Cecil E. Bolt Post Office. Germany during the same war. No bers to support the passage of H.R. This bill was introduced on April 18, mother should have to lose two sons to 3378, and I yield back the balance of my and it was reported out favorably from war; but her family sacrifice will for- time. the Committee on Oversight and Gov- ever be part of history, and I ask that The SPEAKER pro tempore. The ernment Reform on June 27. we pass this bill with no reservation. question is on the motion offered by Mr. Speaker, Cecil Bolt was drafted I reserve the balance of my time. the gentleman from Texas (Mr. into the Army just prior to the start of

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7336 CONGRESSIONAL RECORD — HOUSE December 19, 2012 World War II. He was assigned to the demeanor, many times he would per- cated at 211 Hope Street in Mountain 75th Artillery Unit in the Aleutian Is- sonally deliver packages, and not just View, California, as the ‘‘Lieutenant lands in Alaska. After the war, Mr. during the Christmas season but Kenneth M. Ballard Memorial Post Of- Bolt returned to Fowler, California, throughout the year because of course fice’’. and was appointed postmaster in 1947. everybody knew Cecil. His decades of The Clerk read the title of the bill. He was known for his friendly service, public service extended far beyond the The text of the bill is as follows: especially when delivering packages on walls of the post office, which centered H.R. 6260 Christmas Eve, which is something at as a hub of activity for the community. Be it enacted by the Senate and House of this time of the year we can all appre- Cecil volunteered every day for more Representatives of the United States of America ciate. Sadly, Mr. Bolt passed away on than 17 years at the Marshall Elemen- in Congress assembled, February 9, 2007, but he is fondly re- tary School, where his service helped SECTION 1. LIEUTENANT KENNETH M. BALLARD membered by many family members shape a generation of young people. He MEMORIAL POST OFFICE. and friends. was also a faithful and active member (a) DESIGNATION.—The facility of the Mr. Speaker, Mr. Bolt is a very wor- of the Presbyterian Church of Fowler, United States Postal Service located at 211 Hope Street in Mountain View, California, thy designee of this postal facility where he also served as a Sunday shall be known and designated as the ‘‘Lieu- naming, and I urge all Members to join school teacher and a Kids Club volun- tenant Kenneth M. Ballard Memorial Post me in the support of this bill. teer. For his service, he received Fowl- Office’’. I reserve the balance of my time. er’s ‘‘Citizen of the Year’’ award in 1969 (b) REFERENCES.—Any reference in a law, Mrs. MALONEY. Mr. Speaker, I yield and the ‘‘Silent Servant of the Year’’ map, regulation, document, paper, or other myself such time as I may consume. award in 2004. record of the United States to the facility re- As a member of the House Committee Sadly, after years and years of serv- ferred to in subsection (a) shall be deemed to on Oversight and Government Reform, ice, Cecil Bolt passed away in 2007. be a reference to the ‘‘Lieutenant Kenneth M. Ballard Memorial Post Office’’. I am pleased to join my colleagues in Those in the city of Fowler who knew the consideration of H.R. 4389, which him were undoubtedly better off The SPEAKER pro tempore. Pursu- was introduced by my good friend and thanks to the good service of Post- ant to the rule, the gentleman from colleague to whom I now yield such master Bolt. Texas (Mr. FARENTHOLD) and the gen- time as he may consume, the gen- So in conclusion, Mr. Speaker, the tlewoman from New York (Mrs. MALO- tleman from the great State of Cali- city of Fowler and its county council NEY) each will control 20 minutes. fornia, Representative JIM COSTA. and the overwhelming support of citi- The Chair recognizes the gentleman Mr. COSTA. Mr. Speaker, I rise in zens of the city and students who wrote from Texas. support of H.R. 4389, and I thank the in postcards ask that we do this in his GENERAL LEAVE gentlelady from New York for yielding honor without reservation—recognize Mr. FARENTHOLD. Mr. Speaker, I me the time to speak on behalf of the the post office in the city of Fowler to ask unanimous consent that all Mem- naming of this post office in Fowler, be named after Postmaster Cecil E. bers may have 5 legislative days to re- California, on behalf of Cecil E. Bolt, Bolt in dedication to his family and the vise and extend their remarks and in- who was the postmaster there for community of Fowler as well as the clude extraneous material on the bill many, many years. United States Postal Service. under consideration. Today is a great day for the city of Mr. FARENTHOLD. Having no other The SPEAKER pro tempore. Is there Fowler and for its community and the speakers at this time, I continue to re- objection to the request of the gen- city council, which over a year ago serve the balance of my time. tleman from Texas? overwhelmingly came to me and asked Mrs. MALONEY. Having no further There was no objection. that we dedicate and name—appro- speakers, I yield back the balance of Mr. FARENTHOLD. Mr. Speaker, I priately so—the post office at Fowler, my time. yield myself such time as I may con- California, on behalf of a postmaster Mr. FARENTHOLD. Mr. Speaker, I sume. who served the city and the commu- urge my colleagues to join me in sup- Mr. Speaker, H.R. 6260, introduced by nity so well for so many years. porting H.R. 4389, the Cecil E. Bolt the gentlelady from California (Ms. Fowler is a wonderful community in Post Office. I urge all Members to join ESHOO) would designate the facility of my district of over 5,000 people, one not me in support of this bill. the United States Postal Service lo- unlike many communities that we I yield back the balance of my time. cated at 211 Hope Street in Mountain have throughout the country—with a The SPEAKER pro tempore. The View, California, as the ‘‘Lieutenant high school and with generations of question is on the motion offered by Kenneth M. Ballard Memorial Post Of- families that have lived there for the gentleman from Texas (Mr. fice.’’ This bill was introduced August 1 years. As a matter of fact, the mother FARENTHOLD) that the House suspend and reported favorably from the Com- of one of our colleagues, Congress- the rules and pass the bill, H.R. 4389. mittee on Oversight and Government woman JACKIE SPEIER, was born in The question was taken. Reform. Fowler, California. The SPEAKER pro tempore. In the Lieutenant Ballard committed his Today, we name the post office after opinion of the Chair, two-thirds being entire adult life to serving his country. Cecil E. Bolt. He was born and raised in in the affirmative, the ayes have it. Upon graduating from Mountain View Idaho, but like many, came to Cali- Mrs. MALONEY. Mr. Speaker, I ob- High School in 1995, Mr. Ballard en- fornia. After graduating from college, ject to the vote on the ground that a listed in the Army. During his military Mr. Bolt moved to Fowler in 1939. Just quorum is not present and make the career, he served in Germany, Bosnia, prior to World War II, he was drafted point of order that a quorum is not Macedonia, and Iraq. Sadly, Lieutenant into the U.S. Army, and as was noted, present. Ballard was killed in 2004 while de- he was assigned to the 75th Artillery The SPEAKER pro tempore. Pursu- ployed in Iraq. I’m truly grateful for Unit in Alaska. ant to clause 8 of rule XX, further pro- the brave and heroic service of Lieu- ceedings on this question will be post- tenant Ballard and for all those who b 1810 poned. serve and defend our Nation every day. Cecil Bolt was part of, as Tom The point of no quorum is considered Mr. Speaker, Lieutenant Ballard is a Brokaw wrote, America’s Greatest withdrawn. very worthy designee of this postal fa- Generation. In 1942, he married the f cility naming, and I urge all Members love of his life, Naomi Opal Gourley, to join me in support of this bill. and together they raised two loving LIEUTENANT KENNETH M. I reserve the balance of my time. daughters: Dorothy Jane and Kathy BALLARD MEMORIAL POST OF- Mrs. MALONEY. Mr. Speaker, I yield Jean. FICE myself such time as I may consume. After the war, Bolt returned to Mr. FARENTHOLD. Mr. Speaker, I Mr. Speaker, as a member of the Fowler and was appointed the post- move to suspend the rules and pass the House Committee on Oversight and master, a position he held for 27 years. bill (H.R. 6260) to designate the facility Government Reform, I’m pleased to Known for his dedication and friendly of the United States Postal Service lo- join my colleagues in support of H.R.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7337 6260, a bill to designate the facility of her very moving tribute, not only to him, but for Senator Inouye that was the United States Postal Service lo- her constituent but to all the men and precisely why he joined the service. He cated at 211 Hope Street in Mountain women who serve our great Nation. was a true patriot. He loved this coun- View, California, as the Lieutenant Mr. Speaker, I thank my colleagues try and was willing to do whatever he Kenneth M. Ballard Memorial Post Of- on both sides of the aisle for their sup- could to defend it. In fact, he lost his fice. port of this renaming in honor of a true arm charging a series of machine gun The bill before us was first intro- American hero. And noting that I have nests on a hill on San Terenzo, Italy, duced by my good friend and colleague, no additional speakers, I yield back the on April 21, 1945. His heroic actions Representative ANNA ESHOO from the balance of my time. rightly earned him the Medal of Honor. great State of California, and I yield Mr. FARENTHOLD. Mr. Speaker, I He was the embodiment of the Great- her such time as she may consume. join the gentlelady from California and est Generation: courage, sacrifice, hu- Ms. ESHOO. Mr. Speaker, I thank my the gentlelady from New York in sup- mility, and love of country. It’s why colleague and good friend and class- port of this legislation honoring Lieu- the commitment to serve and protect mate Mrs. MALONEY from New York, tenant Kenneth M. Ballard, naming the those who fight for our country has al- and I thank our colleague from Texas post office the Lieutenant Kenneth M. ways been one he took personally. It’s for his very kind and generous remarks Ballard Memorial Post Office, and urge why he always stood up for the ideals about the designation of the United my colleagues to enthusiastically sup- of freedom and justice that our country States post office in Mountain View, port H.R. 6260. is founded upon, because he saw first- California, in my district, as the Lieu- I yield back the balance of my time. hand what happens when we don’t. And tenant Kenneth M. Ballard Memorial The SPEAKER pro tempore. The it’s why he was always proud to stand Post Office. question is on the motion offered by up for our heritage in Hawaii. A Mountain View native, Ken Ballard the gentleman from Texas (Mr. The truth is, Senator Inouye deeply joined the Army at the age of 18. He FARENTHOLD) that the House suspend loved our beautiful State of Hawaii. comes from a distinguished family that the rules and pass the bill, H.R. 6260. Half a century ago, he had a vision of have given a long line of military serv- The question was taken. the Hawaii we inherit from him today. ice to our country. He attended basic The SPEAKER pro tempore. In the Over his many decades of service, he training at Fort Knox, Kentucky. He opinion of the Chair, two-thirds being displayed a builder’s skill, pouring the went on to bravely serve our Nation in in the affirmative, the ayes have it. foundation of the modern and vibrant Germany, Bosnia, Macedonia, and Iraq. Hawaii that is his legacy. And so the On April 3, 2004, Lieutenant Ballard’s Mrs. MALONEY. Mr. Speaker, I ob- greatest tribute we can pay Senator battalion, the 2nd Battalion, 37th Regi- ject to the vote on the ground that a Inouye is to acquire his vision, apply ment, 1st Armored Division turned in quorum is not present and make the his skills, and build on the remarkable their weapons and began preparing to point of order that a quorum is not foundation he laid for us, from return home. The very next day, vio- present. strengthening our schools and univer- lence broke out in Baghdad, and short- The SPEAKER pro tempore. Pursu- sity to building our roads and bridges. ly thereafter, Lieutenant Ballard’s ant to clause 8 of rule XX, further pro- And just today, our State marked an- tour was unexpectedly extended for an ceedings on this question will be post- other milestone led by Senator Inouye. additional 120 days. poned. We signed a full funding grant agree- Less than 2 months later, on May 20, The point of no quorum is considered ment with the U.S. Government for our 2004, after 9 years of service, Lieuten- withdrawn. Oahu rail project. This was a project ant Ballard was killed in Najaf, Iraq, f championed by Senator Inouye through by accidental discharge of the M–240 RELATING TO THE DEATH OF THE many years, through many ups and weapon on his vehicle. He was a recipi- HONORABLE DANIEL K. INOUYE, downs. ent of the Purple Heart and three A SENATOR FROM THE STATE The Senator saw the future of Hawaii Bronze Stars, two with valor device. OF HAWAII Lieutenant Ballard was a true Amer- often before others did; and when he ican hero, and his ultimate sacrifice Ms. HIRONO. Mr. Speaker, I offer a saw something that was going to better deserves our formal recognition of privileged resolution and ask for its the lives of the people in Hawaii, he al- gratitude, which is what we are doing immediate consideration. ways fought for it. This is probably one here today. In paying tribute to him The Clerk read the resolution, as fol- of the things he will be remembered for and his service, the House will not only lows: the most, his tenacity in fighting for the people of Hawaii and for doing honor his sacrifice, but also that of H. RES. 839 what is right. every brave American who dons a uni- Resolved, That the House of Representa- And while he may have been a fierce form in defense of our Nation each and tives— competitor, he was always a gentle every day. So many have given their (1) receives with profound sorrow the news spirit. In a Washington that, at times, lives so that we may live ours freely, of the death of the Honorable Daniel K. is so torn apart by partisanship, Dan and each deserves our gratitude, our Inouye, a Senator from the State of Hawaii; (2) authorizes the Speaker to appoint such Inouye always worked to defuse that respect, and our remembrance. Members as he may designate to serve with situation and bring us together. He un- I want to thank the city council of members of the Senate as a committee to Mountain View, California, for their derstood that words mattered as much represent the House in attendance at the fu- as actions, and he always worked to support of this effort, and I want to pay neral of the Senator; tribute to Lieutenant Ballard’s moth- (3) directs the Clerk to communicate this elevate the debate. er, Karen Meredith, for her unswerving resolution to the Senate and transmit a copy And he stood by his friends, no mat- advocacy on behalf of her son that the to the family of the Senator; and ter their political stripes. It’s why truth would be documented and put (4) when it adjourns today, does so as a fur- we’ve all heard from people on both forward, and of course her support in ther mark of respect to the memory of the sides of the aisle, and some who are Senator. the renaming of the post office of his speaking today, who are so saddened by The SPEAKER pro tempore. The gen- hometown after him. his death by what our country lost this tlewoman from Hawaii is recognized So I urge my colleagues to vote for week. for 1 hour. this legislation. I thank everyone on a I received a message from our good Ms. HIRONO. Mr. Speaker, earlier bipartisan basis that has been involved friend and brother, ENI FALEOMAVAEGA this week, my State of Hawaii and our in this. from American Samoa. He is traveling Nation lost a truly great man, Senator overseas and asked that I mention his b 1820 Daniel K. Inouye. He began serving our deep condolences to the people of Ha- Mr. FARENTHOLD. Mr. Speaker, I country when he was only 17 years old, waii. continue to reserve the balance of my joining the Army after the attack on Eni, like so many, calls Senator time. Pearl Harbor. Inouye a mentor. He taught us all les- Mrs. MALONEY. Mr. Speaker, I join At that time, many questioned the sons we’ll never forget. Simply put, my colleague and compliment her on patriotism of people who looked like Senator Inouye was an extraordinary

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7338 CONGRESSIONAL RECORD — HOUSE December 19, 2012 person, a giant in the Senate, who ac- Northern Mariana Islands, that flame In fact, when I think about it a mo- complished so much for the people of roared to life. That inspiration that ment, I think, Danny, God bless you. Hawaii and our Nation. It is now up to Daniel K. Inouye had lit in my heart, You’re in heaven. Hawaii is better off. us to carry on that work, to realize his fed by the ideals that he had instilled Alaska is better off. But if we don’t vision, to draw upon his strength, his in me those many years ago, the ideal change our ways, you would be terribly strength of purpose and strength of that we’re all equals in this great coun- disappointed. You would not be happy character, to do what is right. try, as citizens and as individuals, and the way things are happening in this I know the people of Hawaii join me that, against all odds, we can overcome Congress, including the United States today in pledging to do just that. poverty, we can overcome prejudice, we Senate. Aloha, Senator INOUYE. can overcome terrible, terrible, phys- And so, Danny, I will tell you one GENERAL LEAVE ical injury and survive stronger than thing. You have Alaskans—especially Ms. HIRONO. Mr. Speaker, I also ask ever. We can survive and prevail if we my wife, my children, and my grand- unanimous consent that all Members believe in the inherent decency and children—that thank you for the ef- may have 5 legislative days in which to goodness of America, as Senator Daniel forts you put forth to take the aborigi- revise and extend their remarks and in- K. Inouye believed—if we are not afraid nal people and bring them into the clude extraneous material on H. Res. to dream. mainstream of life, with the help of 839. And so I dreamt, inspired by this Senator Ted Stevens. The SPEAKER pro tempore. Is there man, aided by the opportunity he once So God bless you, Danny, Senator objection to the request of the gentle- gave to me. And tonight, Mr. Speaker, from Hawaii, and the third Senator for woman from Hawaii? I stand here in the well of this hal- the State of Alaska. There was no objection. lowed Chamber to say thank you to Ms. HIRONO. Mr. Speaker, I yield Ms. HIRONO. I would now like to Daniel K. Inouye. such time as she may consume to my yield as much time as he consumes to Thank you, Senator Inouye, for friend from California, Congresswoman my colleague from the Commonwealth showing me the way here. Thank you, DORIS MATSUI. of the Northern Marianas, KILILI sir, for showing us all what it means to Ms. MATSUI. I would like to thank SABLAN. be a true Member of Congress. Thank my friend, the gentlelady from Hawaii, Mr. SABLAN. Thank you very much. you, and good night. Rest well. We for organizing this time for all of us to Mr. Speaker, I’d also like to express shall always remember you. honor Daniel Inouye. my deepest condolences to the people Ms. HIRONO. Mr. Speaker, I now It’s with heavy heart that I rise here of Hawaii for their loss of a great Sen- yield such time as he may consume to today in support of this resolution hon- ator and a great American. I would not my good friend from Alaska, Congress- oring the late Senator Inouye. On De- be here today standing in the well of man DON YOUNG. cember 17, our country lost a beloved the House if not for Senator Daniel K. Mr. YOUNG of Alaska. I thank the leader, an American hero, and a man I Inouye. good lady for yielding. was honored to call my friend. This beloved leader did so much for This is a solemn moment. The gen- Rising to become the most senior many Americans, for so many people of tleman from the Mariana Islands just Member of the United States Senate, the Pacific, as we are hearing tonight. gave a presentation. I would like to Senator Inouye will be remembered, He touched the lives of so many indi- think Senator Inouye and I played a not only for his distinguished record as viduals, including my own life. role in making sure he could stand on a legislator, but also for his heroism on In 1986, Senator Inouye gave me the this floor and give that presentation. the battlefield. Senator Inouye served opportunity to work as a Fellow in his Danny Inouye, the Senator from Ha- his country on the battlefields of Eu- office here at the Capitol. Senator waii—actually, he was the third Sen- rope during World War II and earned Inouye had established a program to ator from Alaska. And excuse me, the Nation’s highest honor for military bring young men and women from the Danny, for saying this; I don’t want to valor, the Medal of Honor. Pacific Islands to Washington to learn call you Senator at this time, but just As a soldier, Senator Inouye fought about Congress and the United States Danny. He was always able to reach for the lives of American citizens back Government. We came from American across the aisle and solve problems of home to protect his fellow servicemen Samoa and from the Northern Mariana the noncontiguous States with my and also for the ideals our country Islands, my home. friend, Senator Stevens. Hand-in-hand, stands for: equality, justice, and free- What an opportunity Senator Inouye two veterans. One lost an arm and one dom. When he joined politics, the only gave us. What an eye-opening experi- flew 36 missions over the Hump. To- thing that changed was his battlefield. ence to see Congress at work. What an gether, they were one, they were broth- Senator Inouye was a giant in Con- education to watch up close this distin- ers, and they said that so many times— gress who demonstrated his strong love guished man of the Senate, by turns brothers in arms, brothers in sup- for his country and belief in American dignified, gracious, good humored, porting two noncontiguous States, ideals with every action he took. He principled, quiet and when called to de- brothers in solving problems for people was a man who stood by his convic- fend the forgotten, fierce, fierce and across the aisle. tions and fought for what he believed formidable. I was inspired. I didn’t serve with Danny, but I knew and was never afraid to reach across him well because he was a friend of my the aisle and look for bipartisan solu- b 1830 people, the Alaska Natives. In fact, we tions to some of our Nation’s most Seeing what an elected official could had him 2 years ago at the AFN con- pressing problems. And while his pres- be, what he could do to bring justice to vention speaking to the need and ne- ence was certainly strongly felt here in this world, I dared to dream of one day cessity for the Hawaiian Natives to be the Capitol, he remained accessible to doing the same. The Northern Mariana recognized as the Alaskan Natives and was loved, not only by his con- Islands did not even have a seat in Con- were. stituents in Hawaii, but across this gress in 1986. That did not happen until He was an icon—a person that could country. 23 years later. But throughout those 23 work together. And he was—think When I put the word out to my Cali- years, I held that dream deep in my about this—a young man that was Jap- fornia constituents that Senator heart, the dream that Senator Daniel anese. He was not in an internment Inouye had passed away and that Con- Inouye planted that some day I could camp. He volunteered for the America gress had lost one of its greatest lead- represent my people as I had seen him that he loved. He loved and served and ers, I received an outpouring of com- represent the people of Hawaii and lost, but he always won. He always ments from my constituents expressing America. won. But he did that by reaching the their sorrow and sharing stories of I will admit that dream did not al- one arm he had left in his hand and ways that Senator Inouye had touched ways burn brightly. There were times shaking that hand and saying, Let’s do their lives. Even in my district of Sac- when I did not tend the flame. But it together. Let’s work together. Let’s ramento, California, Senator Inouye when the day came that Congress not have the animosity, the rancor was well known, well respected, and granted a seat to the people of the that’s occurring today. well loved.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7339 As the highest serving Asian Amer- Even though he was labeled an into the hospital, and we discussed ican in our country’s history, Senator enemy alien during World War II, he many things. Know that his love and Inouye was a true inspiration to the made the decision to enlist in the Japa- concern for Hawaii and for America Asian American community. nese American ‘‘Go for Broke’’ 442nd never wavered. He never stopped think- As a Member of Congress, my late regimental combat team. He fought ing about how things could be made husband, Bob Matsui, worked closely bravely, even as thousands of Japanese better, who we could help, and what we with Senator Inouye on the movement Americans were unjustly placed in in- could accomplish. He was, of course, a for Japanese American redress and rep- ternment camps at home. In one ter- force to be reckoned with, and as I said arations. Together with colleagues, rible battle in Italy, he led an assault at the time I just couldn’t think about they helped secure a formal govern- against a heavily defended ridge. Ger- Hawaii without Senator Inouye. ment apology for innocent Japanese mans shot at him with machine guns, Since his passing, statements like Americans who were victims of one of destroying his right arm. Despite that, the Congressman from Alaska just said our country’s darkest moments. he was still able to destroy the German about the Senator being their third It will be impossible to find a strong- bunker. His bravery earned him the Senator has been made by other Con- er voice for our Nation’s veterans than Medal of Honor and the Congressional gressmen to me as well, so you know Senator Inouye. He was instrumental Gold Medal, and for that alone he will that his impact was felt very deeply in getting the Congressional Gold always be remembered as a true Amer- throughout this country. Medal awarded to several military ican hero. As long as Hawaii has been a State, units from World War II, units com- But Senator Inouye’s service to our Dan Inouye served us in Washington— posed almost entirely of persons of country extends far beyond World War ‘‘us’’ meaning the people of Hawaii. Japanese ancestry who exhibited ex- II. He was a trailblazer in politics when For most people in Hawaii, he was al- ceptional bravery on the battlefield there were few Asian Americans. He ways there, as dependable as the sun- while their own families were in inter- rose through the ranks, becoming the rise, yet he was never proud, never ment camps here at home. chairman of the powerful Senate Ap- acted as though he was better than the Earlier this year, I worked closely propriations Committee and the Presi- people he represented. with Senator Inouye to ensure that the dent pro tem of the U.S. Senate, and I can tell you from personal experi- Congressional Gold Medal toured the became our highest-ranking Asian ence that it is just impossible to be an country so everyone could have the op- American politician. He broke barriers elected official in Hawaii without being portunity to learn about the bravery and paved the way for countless Asian in awe of Daniel K. Inouye, someone and heroism of these veterans. American and Pacific Islanders in pub- who served so long, accomplished so b 1840 lic service. In my role as chair of the much, and yet made it seem so effort- This is the type of man Senator Congressional Asian Pacific American less. Inouye was. He was a man who, up to Caucus, I truly valued his guidance as Hawaii was and is a grassroots State. the very end, worked tirelessly to bring a founder and longtime executive board You need to get out there with the peo- recognition to those who deserve it the member of our caucus. He was a tire- ple, share their activities, eat their most. less advocate for both the people of Ha- food—now, that’s really critical—laugh Senator Inouye devoted his life to waii and the broader Asian American at their jokes. And there was Dan serving his country. He was an inspira- and Pacific Islander community. Inouye, the war hero, recipient of the tion and a role model—a real role All of us who had the honor to know Medal of Honor, U.S. Senator, an iconic model—an example of what every pub- and learn from him will dearly miss his force in Hawaii’s history and politics, lic servant should strive to be. leadership and the honor and integrity and he just fit right in. Us, the people My thoughts and prayers are with his that he brought to the job. My heart of Hawaii, we can spot a phony a mile wife, Irene, his son Ken, and their fam- goes out to his wife, Irene Inouye, his away, but we loved him because we ily, and especially to his grand- son, Daniel Ken Inouye, Jr., and the knew he was the real thing. He was daughter Maggie, whom we will make many family, friends, colleagues, and genuine. sure hears about the stories of her constituents for their tremendous loss. So here was the most senior Member great-grandfather. So aloha, Senator Inouye. Thank you of the Senate, chair of the Appropria- On a personal level, when my hus- for your lifetime of service. While your tions Committee, President pro temp, band passed away some 8 years ago, I passing has left us with a great void, and third in line to the succession to recall how generous and sincere Dan we know that your legacy will con- the Presidency, but in his heart he was Inouye was towards me and my family tinue to live on in the many accom- no different than that kid growing up during those difficult days. I know this plishments you leave behind and in the in territorial Hawaii, not wearing is a difficult time, but it is my sincere generations you’ve inspired through shoes until he got to high school—by hope that there is some comfort in your service to our country. the way, not wearing shoes we called knowing that his legacy of remarkable Ms. HIRONO. Mr. Speaker, I now going ‘‘hadashi’’ in Hawaii—who volun- service and dedication to our country, yield such time as she may consume to teered just out of high school to serve his love of country, will live on for gen- my friend and colleague from Hawaii, his country in war. I think that’s why, erations to come. He was truly a giant. Congresswoman HANABUSA. when he ran for reelection, his bumper Ms. HIRONO. I would now like to Ms. HANABUSA. Thank you to my stickers didn’t say Senator Inouye, or yield such time as she may consume to colleague from Hawaii for doing this. Daniel K. Inouye, it just said Dan. my friend from California (Ms. CHU). Mr. Speaker, I rise today in support I still remember his political poster Ms. CHU. Earlier this week, our of House Resolution 839, which relates when I began to recognize political country lost a valiant war hero and one to the death of the Honorable Daniel K. posters, solid black with Dan, his sig- of the greatest statesmen of our time Inouye, Senator from the State of Ha- nature, in yellow. Simple, yet strong, with the passing of Senator Daniel K. waii. I know that as the most senior as he was. I didn’t know at that time Inouye. Member of the United States Senate, the significance of the colors. Those Senator Inouye was an inspirational as the Appropriations chair, and as a were the colors of his alma mater, leader and a true American patriot in true war hero, Senator Inouye will be McKinley High School, again, a state- every sense of the word. In fact, it’s remembered in Washington, in Hawaii, ment that he never forgot where he hard to think of the State of Hawaii and across the Nation. Tomorrow, he came from. without Daniel Inouye. Since the mo- will be given one of the highest honors For me, knowing Dan Inouye and ment Hawaii gained statehood in 1959 of anyone in this country, and that is learning from him, that down-to-earth he has represented the Aloha State in to be able to lie in state in this Capitol. nature was a very special thing. When Congress and ensured that Hawaii and But for me, the passing strikes deeper he shared his insights about serving others in the Pacific region have access because he was also my mentor and a the people who elected us and doing to resources and facilities that many dear friend. what is right for Hawaii and America, on the continental U.S. take for grant- I had the honor of having lunch with I knew it was coming from his heart. ed. Senator Inouye just before he went Not just that what he was doing was

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There was an effort to secure leagues who express their condolences an apology, a recognition of the to Irene Hirano Inouye, his wife; his He genuinely wanted me to do better. wrongdoings, and also move forward son, Ken; his daughter-in-law; his Quietly, with that great smile and that with the idea of reparations, but it granddaughter, Maggie; and all those beautiful, resonant voice, he gave that didn’t seem as if they were making who have expressed and shared their gift of his experience and his wisdom. much progress. He wisely said to lead- experiences with Senator Inouye. He was a man of such accomplishment ership of this movement, Perhaps we and power who was also unbelievably This is a man who touched so many need to do a study and a commission to generous of himself. lives, not just in Hawaii, but all across I will never forget that gift from my educate and inform the rest of the the country. And we all know at this friend, Dan Inouye. For the next few Members of this body to understand point what a great Senator he was and days, as we say good-bye to a genuine what it is that we are fighting for. And all of the good works that he did, but hero, a champion of Hawaii, a political so came about the World War II Com- at a time like this, we often hear from icon, I hope, Mr. Speaker, you will join mission on Internment. And through just individuals who want to share us in remembering a wonderful man the commission study and their gath- their very human stories about indi- and pass this resolution so that we may ering information across this country vidual kindnesses that he showed. In all say, ‘‘Aloha, Dan, mahalo, and and listening to testimony, from people fact, one of my colleagues today said, thank you.’’ who were aged to the people who were Did you know that I was at a function Ms. HIRONO. I now yield such time younger, securing information vali- where it was raining, and he held an as he may consume to my good friend dating the position of those who were umbrella over my head with his one from California, Congressman MIKE seeking an apology from this govern- good arm for an hour? Or how much he HONDA. ment came the conclusion and the final cared about the Hansen’s disease pa- Mr. HONDA. Thank you, Madam decision to move forward with the bill, tients in Kalaupapa, and he invited Chair. my bill, 442, to rescind Executive Or- them to Oahu to meet with the Sec- I, too, rise today with a heavy heart ders 9022 and 9044, and also to make retary of Transportation, Ray LaHood, to honor and to remember Senator Dan sure that this country understood the so that the Secretary could hear from Inouye. reasons for the incarceration and in- these residents who often did not get to On December 17, 2012, the State of ternment of Japanese Americans in travel very much, who could share with Hawaii, our Nation, the Asian Amer- this country during 1942. the Secretary their own concerns and ican and Pacific Islander community The conclusion of that commission to ask for his help, and they were and all champions of social justice and reflected the wisdom of Senator helped. change lost our polaris, our guiding Inouye. The conclusion of the commis- So it is always a human dimension to light, our guiding star—Senator Daniel sion said the reason why internment what Senator Inouye did that always K. Inouye. I’m deeply saddened by the happened to Americans of Japanese de- struck me, and he did so in a very quiet passing of my dear friend who has been scent was because of war hysteria, ra- way. So we honor him, we thank him, a hero to us all, his ohana. cial prejudice, and the failure—the fail- and his last word before he passed on From his service on the battlefields ure—of political leadership. And to was, ‘‘Aloha.’’ of World War II—we mentioned a Medal that, it’s been always a reminder for Senator, we bid you aloha. We love of Honor—to the Senate floor, in serv- me when I listened to him and I you. Aloha. ing the Aloha State in Congress since watched him work that he would never, Mr. Speaker, I yield back the balance it achieved statehood in 1959 and rising ever allow the lack of failure of polit- of my time. to become the highest ranking Asian ical leadership in this country to ever Mr. FALEOMAVAEGA. Mr. Speaker, I rise Pacific Islander in our Nation’s his- fall—not on his watch. tory, his impact on our lives and our Since 1959 when I graduated from today in strong support of this resolution allow- community is immeasurable and un- high school, I reflected back now, ing Members of Congress to honor the life of paralleled. today, of how young he was then and a great American hero and a friend to us all. The Senator has had a deep sense and how he stood his ground and guided I want to thank my good friends from Hawaii, reflected a deep sense of dignity in Alaska and this country through his Ms. HIRONO and Ms. HANABUSA, for their lead- spite of any kinds of situations that life and his dedication to public serv- ership in introducing this resolution. may surround him, a quiet calm of ice. We have lost a father, a hero, and a true strength even in the battlefields to the So, Senator Inouye proved to be a friend. There is no doubt Senator Daniel K. Halls of Congress. very devoted husband and a father. I Inouye was a strong advocate for the people We know that during the time of Wa- extend my sincerest condolences to the of Hawaii but he was also instrumental in tergate, he was slighted and insulted entire Inouye family. helping the people of American Samoa and all through a racial slur, but he did not ex- Senator Inouye’s passing may mark our Territories and neighbors in the Pacific. change one for another. He just re- an end of an era, I would say, but I The Samoan people recognized the Senator’s flected his quiet strength and dignity would declare and say that his work passion for the people of the Pacific especially by not responding at all. The rest of will continue to impact this country in American Samoa by bestowing him the es- the country did for him. And as he terms of a continuous attention to teemed chief title, Fofoga o Samoa-meaning, went through the Watergate process, ohana and to the rights of all people, the Voice of Samoa. he showed that he could serve and deal including aboriginal folks. On the Hill, Fofoga o Samoa Senator with justice with an even hand. And He once stated in his fight to protect Inouye was a giant. He was greatly respected with that, he showed that this country the Filipino World War II veterans, he not only for his service as a Senator but, im- can deal with all kinds of problems said about them, he said that heroes portantly, his patience and unique ability to that it faces. should never be forgotten or ignored. work with both sides of the aisle for many As chairman of the Senate Appro- And he always continued to make sure years. Being a Territory and having a small priations Committee, Senator Inouye that those who serve this country were population, it is very difficult to move legisla- worked across the aisle to ensure that not to be forgotten or ignored. tion without having any representation or sup- the needs of the people of Hawaii and So, we, as a grateful Nation, will port in the Senate, and Fofoga o Samoa Sen- the sovereign rights of native Hawai- never, ever forget the Senator from Ha- ator Inouye was always there for American ians and other indigenous people, as waii, a war hero, a servant through his Samoa. He was also a fighter for the rights of our friend, DON YOUNG, had mentioned, military service, and a servant through Native Hawaiians, ensuring veterans received as well as the AA-PI communities, his service in the Halls of Congress. their benefits, and was a pioneer for all Asian were priorities of this government. So I say to him ‘‘Aloha, mahalo.’’ and Pacific Americans.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00074 Fmt 4634 Sfmt 9920 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7341 I remember in early 1990 when I accom- He was a consistent champion for the inter- advocate for his constituents, for their panied the Senator on a Congressional Dele- ests of Hawaii’s people. I am grateful for the industries, and for the way of life of gation he led on a Pacific tour that included opportunity to have worked with Senator western Massachusetts. my District. It was an honor and a privilege ac- Inouye, and my thoughts are with his family He was a very special Member of this companying him on this tour because it and with the people of his beloved Hawaii, institution. He began his career in the showed me his deep understanding and care who will always remember him for his leader- Massachusetts State Legislature. He for all of the people in the Pacific. Just as he ship and his courage. As a Senator, he never has dedicated the largest portion of his was a boy that was born and raised in a Terri- forgot his military roots, and has always been life to serving the public, to serving or- tory (Hawaii), he felt it was the right thing to a voice for veterans. dinary citizens; and he is going to be do to help our Territories. This was just a Senator Inouye was a patriarch of Hawaii, sorely missed. He made a huge dif- small sample of the Senator’s leadership and and all Hawaiians will long remember his ference in the lives of the people of diligence in recognizing the importance of unyielding devotion to the economic vitality, Massachusetts and our country. And I helping our Territories and the Freely Associ- progress, and success of his beloved home just want to say that from our entire ated States. state. His fellow Americans will long remember delegation and from the entire Con- As a former member of the 442nd 100th his leadership in protecting our men and gress, he is definitely going to be some- Battalion, I can only thank the Senator and his women in uniform, strengthening our national one who is irreplaceable in this institu- comrades for their service and ‘Go For Broke’ security, reaching across the aisle, and invest- tion. attitude which has laid the path for many of ing in a future of prosperity for all. At this point, I would like to reserve the Samoan sons and daughters to serve in By his actions, he stood firm for the inde- the balance of my time and to recog- our great military force. I am forever grateful pendence of the Congress, the strength of our nize the gentleman from western Mas- for the Senator’s service to our nation and for democracy, and the values of the American sachusetts (Mr. NEAL). his love and compassion for the people of people. Mr. NEAL. Mr. Speaker, I want to American Samoa. I want to extend my condolences to his en- thank Mr. MARKEY for allowing me to Let us pray that the Lord comfort those who tire family as they mourn the loss of a great participate in this Special Order to- have lost an amazing leader who has touched man. night and to speak of two very valued each and every one of our lives. When asked recently how he wanted to be Members of the Massachusetts congres- Ms. JACKSON LEE of Texas. Mr. Speaker, remembered, Daniel said, quite humbly, ‘‘I sional delegation and to speak of two I rise in reflection and remembrance of the life represented the people of Hawaii and this na- Members who have had a profound in- of Senator Daniel Inouye. tion honestly and to the best of my ability. I fluence on not just the politics of Mas- I was deeply saddened to hear of the loss think I did OK.’’ I think that I speak for us all sachusetts, but the important policies of Senator Daniel Inouye on Monday; his when I say that this was quite an understate- of Massachusetts. passing marks the end of an era for the peo- ment for a man who accomplished so much Some years ago, George W. Bush, ple of Hawaii, for the United States Senate and sacrificed so much for this country. And President Bush, said to me at a St. and Congress, and for the country. A public so with heavy hearts, we bid ‘‘aloha’’ to Sen- Patrick’s day luncheon with some servant from start to finish, Daniel Inouye has ator Daniel Inouye—a man whose chapter in humor, Hey, Rich, how am I doing in left a shining, indelible mark on history that will American history will live on. Massachusetts? And I said, Mr. Presi- inspire Americans for generations to come. The previous question was ordered. dent, I don’t think you’re doing that His story is simply incredible. Daniel was a The resolution was agreed to. great in Massachusetts right now, with medical volunteer during the Pearl Harbor at- A motion to reconsider was laid on some laughter. He said to me in a very tacks in 1941. Even though the U.S. Army the table. candid observation, I want to tell you banned people of Japanese descent from en- something. I always liked running f listing, and even though Executive Order 9066 against you guys from Massachusetts authorized the internment of roughly 110,000 b 1900 and tangling with you guys from Mas- sachusetts, he said, because I always Japanese Americans, Daniel Inouye found it RECOGNIZING DEPARTING MEM- felt I was matching up against the best within himself to be an American patriot. BERS OF THE MASSACHUSETTS Soon after the ban on enlistment was lifted, in America. DELEGATION he abandoned his Pre-Med studies at the Uni- I thought that was pretty interesting versity of Hawaii and enlisted in the U.S. Army The SPEAKER pro tempore. Under for a conservative President to talk in 1943. He was a war hero in the truest the Speaker’s announced policy of Jan- about the Massachusetts congressional sense of the term, earning a Medal of Honor uary 5, 2011, the gentleman from Mas- delegation, and I think that the two for his actions on the battlefields of World War sachusetts (Mr. MARKEY) is recognized members who are departing from this II before his state was even admitted to the for 60 minutes as the designee of the delegation are part of the high skill of union. minority leader. two very good legislators. That’s a Daniel Inouye was a Lieutenant and Platoon Mr. MARKEY. Mr. Speaker, I rise skill that is not today held in the re- Leader on the battlefield in Tuscany, Italy in this evening to honor two great Mem- gard that it once was, the skill of the April 1945. Even after being shot in the stom- bers of the Massachusetts delegation really good legislator, individuals who ach by German machine gun fire, he refused who are departing. The first, JOHN painstakingly know where the commas medical treatment and still managed to find OLVER. have to go, know when paragraphs the courage to destroy 2 machine gun nests. JOHN OLVER is a public service power- have to end, and to make sure that sen- Nearly losing consciousness from blood loss, house, a transportation titan inside of tences don’t run on so that the inten- he heroically charged a 3rd machine gun nest this institution. He has a Ph.D. in tion of the legislation is honored. We before having his right arm severed by a Ger- science; but as he came to this institu- all cheer on the final product, but man grenade. Somehow, even after these tion, he became a scientist who became many people dislike having to view the grave injuries, Daniel Inouye still found a way a statesman, and we were honored to process that gets us there. to toss a grenade that destroyed the 3rd bunk- have him in our delegation and in this In the case of Congressman FRANK, er. Chamber. He was an avid outdoorsman, he always had this reputation for being He remained a proud member of the military but he was ahead of his time in bring- the great and universal outsider in pol- until his honorable discharge as a Captain in ing attention to this Chamber for our itics, but his success came from the 1947. He was Hawaii’s first Representative in consideration of the impacts of climate fact that he mastered the skill of the the House, a source of great pride to all Mem- change, the need to protect our natural insider in this institution. He knew bers, past and present. environment, the need to raise science when enough was enough and it was As Hawaii’s first Congressman and, subse- as it affected the planet. the best deal you were going to get. quently, as a nine-term Senator, Daniel Inouye He arrived in Congress in 1991. His After he made full advocacy for the embodied the spirit of ‘aloha’ in his work. service on the Appropriations Com- plan that he offered and desired, he Serving as Chairman of the Appropriations mittee helped rebuild our country’s in- also knew that you needed 218 votes, or Committee, he worked to strengthen our na- frastructure and resulted in critical in- in his committee, he wanted to put the tional security and help veterans access the vestments in transportation. At the face of bipartisanship on the actual benefits they’ve earned. same time, he was always an incredible bill.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7342 CONGRESSIONAL RECORD — HOUSE December 19, 2012 So Republican legislators in this in- guys is they were happy to tell you fortable lives in never having read stitution, members of the Banking they disagreed with you. In fact, as the their names in the newspapers as bad Committee would always say to me, two of them got older, they were en- people on different occasions. The fact Geez, BARNEY FRANK is one capable thusiastic about telling you they dis- is that they gave of themselves right guy, because he was looking for the agreed with you. Oftentimes, when you from the beginning as young men. compromise as the path forward. You walk into a room where the audience They didn’t go out and make $1 million could talk to him about the complica- might be one that only wants you to and then come in. tions of capital ratios, you could talk say what they want you to say, these I think it’s an amazing thing be- to him about the Federal Reserve two would go into the room and say cause, for those of us who have fol- Board, and you could talk to him about what they thought was on their minds, lowed a similar path, the first several world issues; but at the same time, he conclusions that they had drawn after years of doing public service, no matter unfailingly made it home to march in long service in this institution and in what you’re doing, are not lucrative— all of those parades, to attend func- the Massachusetts Legislature. they’re usually a difficult struggle— and then to stick to it for as long as tions for people who had been with him b 1910 in elected office for four decades, to they did. Between the two of them, if make those phone calls that you have I also will tell you, based upon the you add up not just the years they to make. And he understood, once point that I raised at the beginning of served in elective office—because elec- again, that in this institution the opin- my comments, that we need to return tive office is only one way to give back ions of America and the emotions of in this institution to the skill of the to the public—but if you add to that America play out. Sometimes you get a legislator. It’s the same skill that the the years they served as staff members good deal, and other days you don’t jeweler looks at a diamond with. It’s or teachers and if you add that to- quite get the deal that you wanted. the same ambition that takes people to gether, combined, we’re talking 100 Before anybody in public life was ad- Pulitzer Prizes. It’s the athlete in the years, guys. vocating for gay rights, BARNEY FRANK gym who spends his time preparing for I’m sorry, between the two of you, was in the forefront. BARNEY FRANK the Olympics. We need to honor that it’s 100 years of public service to the was in the forefront on women’s rights, skill because it’s often outside of the Commonwealth of Massachusetts. and he was a great scholar, student, glare of the public, and when those in That’s something that’s amazing. As I said, I started learning from and participant in the civil rights the public do see it, they’re uncomfort- them both at the statehouse. It didn’t struggles of our times. able with it. It’s the give and take of Both these legislators are, interest- legislative life that made these two stop. I moved beyond the statehouse. ingly enough, in my mind, principled very good to work with. JOHN was still there. BARNEY had individuals, children of the New Deal I’ll say this about the two of them as moved to Congress. I kept learning who believed that government plays a well—and they might not like it—that from them. I’ll be honest, in my job at positive role in the lives of the Amer- there were times when we needed some- the statehouse, I went on to become a ican family. Not because government thing that they might not quite have full-time employee. You know it, but most people listen- draws a conclusion on where we end up been in agreement with; and after you got a little bit of their irritation, they ing don’t know it. necessarily in life, but they both be- In Massachusetts, most of the com- generally included what it was that lieve fervently in the idea that govern- mittees are joint committees—house you wanted. ment ensured that everybody could get and senate. I was on a joint committee So it was an honor to serve with to the starting line for the race. payroll, but everybody knew that I In the case of JOHN OLVER, Ray them, and I hope that we haven’t heard worked for the house. JOHN happened the last of either JOHN OLVER or BAR- LaHood said to me one night at din- to be the senate chairman of the com- NEY FRANK. They’ve been very impor- ner—and Ray has been a fast friend. mittee I worked for, and since Massa- tant to this institution and to Amer- For those of us who are interested in chusetts is such an overwhelmingly ica. transportation in western Massachu- Democratic State, my job was, really, Mr. MARKEY. I thank the gentleman setts and indeed central Massachu- to do everything I could to stick it to so much. setts, Ray LaHood said to me, You JOHN OLVER on behalf of the house and I would now like to recognize the know, JOHN OLVER is one smart guy. get everything we wanted and not what gentleman from Massachusetts, MIKE He said, The meetings in his office can the senate wanted. It was kind of funny CAPUANO. go on for a long time, but I’ve got to because, now that I’m in Congress, it’s Mr. CAPUANO. I thank the gen- tell you, he really understands trans- amazing in that those fights were real- tleman for yielding. portation theory and he understands ly nothing more than just the epitome I generally don’t do a whole lot of transportation implementation. of family fights. They were nothing A couple of the great things that we work on this stuff, but I’ve known compared to the fights we have here were able to participate in—because in these two gentlemen a long time. I met that are based on deep philosophical western Massachusetts we always use them both in 1976 when I was in law differences of opinion. the argument that people don’t pay school and had the good fortune of get- Even then, I loved working with JOHN enough attention to our part of the ting a work study job at the state- because, as RICHIE said, I remember house. They were both there already. State—but it was the small things like once we were at 21⁄2 and we traveled in extending broadband access into the They were both already well recognized the State, arguing against the limita- hill towns of western Massachusetts, and influential at the statehouse; and I tions of local rights. JOHN went on for improving rail transportation from will tell you, from the day I met them, about 20, 30 minutes at some hearing New Haven, to Hartford, to Springfield, I started learning from both of them. about the evils of this particular propo- and on to Vermont. And in the case of I want to be very clear. I want to sition. Everybody was kind of getting JOHN OLVER, he was very helpful to me echo everything RICHARD NEAL said. I tired and moving on. when I asked him in the transportation hold public service up in high regard, JOHN broke and said, I’m awfully legislation to make sure that my con- and I know that everybody in the Mass sorry that I’m kind of running on gressional district and constituency delegation does as well. These two gen- about this issue, but you have to un- were able to secure the funding that we tlemen not only have served in Con- derstand that I’m a college professor. I desired. That’s an important part of gress; they’ve served at the State level, think in 50-minute blocks. the legislator’s life. and they were both educators. They Then he went right back in and did I also think that what was inter- didn’t do this because that’s what they the other 20 minutes. I don’t know if he esting about JOHN and BARNEY, they’re could do. One has a Ph.D. from MIT. convinced anybody, but he made me believers. In a time when the public The other has a law degree from Har- laugh the whole time because he knew often says that the elected embrace su- vard. Either one of them could have who he was; he knew what he was; and perficial positions only to seek and done anything he wanted to do and he knew the subject better. curry the favor of the public, one of the been well compensated in doing it, and When I got to Congress, my first as- two important things about these two they could have had much more com- signment, per one of my many friends

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7343 and mentors, Joe Moakley, was Finan- both colleagues and friends. Thank you now, you don’t want to be the other cial Services. BARNEY was already very much. person on the other side of that debat- there. I can’t tell you how much I Mr. MARKEY. I thank the gentleman ing. But even in the din of a noisy learned from him. We share a philo- for his comments, and I turn to recog- House, something that’s similar to sophical view, as I think most of the nize the gentleman from Massachusetts both branches, when he would get up, delegation does, particularly in the (Mr. KEATING). everyone would get quiet. They wanted matters of financial services. Housing Mr. KEATING. I thank my colleague to listen. They were really interested is a passion of mine. It has been for a for yielding. in the intellectual and the humorous long time, as it was for BARNEY. The I had the privilege of serving with sides of the debate that they were truth is that it really became incred- these two gentlemen, not only in Con- about to see. ibly easy for me. I was able to cut a gress but in the Massachusetts Legisla- During that time as well, we would step back on the details of a lot of the ture. I remember being elected and have our votes up on the board. I can major housing policy because BARNEY serving at the age of 24, and my seat tell you this: at a time when you were was such a champion, and I was able to was right in front of BARNEY FRANK’s in the distinct minority on the issue of focus on some of the holes that I saw in seat in the legislature at the time. gender rights, discrimination, discrimi- some of the policies that maybe some Now, at that time, we had 240 legisla- nation against some sexual orienta- of the other Members of this Congress tors. Very few people had legislative tion, on issues of basic fairness and didn’t see. aides. Truly, you were on your own: progressive, those lights were always That’s true about many, many you were your own speechwriter; you on the right side, whether in the ma- things—of the financial services bill. were your own researcher; you did your jority, the winning side or the losing BARNEY just carried that bill like you own negotiations. So to have BARNEY side. Times have changed things. Dec- can’t believe. It allowed me the oppor- FRANK behind me in the give and take ades have changed how the public feels tunity to not worry about the big stuff of everything when there were issues about many of these positions, and now because BARNEY was going to take care on the floor and when we were talking they’re popular. But at that time they of it. I got to focus on some of the was amazing. I can’t even tell you what weren’t, but he was resolute. You know, I also look back at some smaller details that we got engaged in. I learned about being a lawmaker and a of the differences during that period of I learned so much from him as a mem- legislator, of putting deals together time. Back then BARNEY would have no ber of the Financial Services Com- and negotiating. time to shine his shoes. Or he would mittee. We also worked in the legislative have holes in his shoes, and maybe his I hope I can be one-tenth as success- study group at the time, and I learned suit looked like it hadn’t seen the ful as you have been, BARNEY, in bring- an important lesson that is, sadly, not cleaners—ever. But I remember his ing people together but in not forget- utilized at the State or Federal level campaign slogans at the time. They ting who and what we are and who and these days, that of how to work in coa- said: Neatness isn’t everything, vote what we believe in. litions effectively, because a lot of us Then I got on the Transportation for BARNEY FRANK. were real progressives, and the legisla- And I’ve seen an amazing trans- Committee. JOHN, by that time, was al- ture at the time wasn’t particularly formation now that I’m going to have ready the cardinal of the Transpor- noted for that. I learned from people the privilege, as he has had, to rep- tation Subcommittee and Appropria- like BARNEY that, if you work to- resent the city of New Bedford, of BAR- tions. It’s true. I thought I knew a fair gether, they’re going to need your vote NEY around in Joseph Abboud suits, amount about transportation. I’m kind sometime, and we could work together tailor-made, American-made, by the of one of those guys who thinks, Don’t as a group and be effective. I learned at way, and I’ve seen that transformation tell me about my district. Nobody that stage that you can be effective at as well. knows my district better than I do. I any level of the legislature if you be- But I’ve got some big shoes to fill know the needs. I work with them. come skilled and if you become tena- down there. He is beloved in that area. That’s one of the reasons I’m such a cious. He inherited this. As much as he is dealing with the intri- vocal and public proponent of ear- I had the good fortune of also getting cacies of something like Dodd-Frank, marks, because no one knows my con- to know his mother, Elsie. Now, she many of the other things he’s done rep- gressional district better than I do ex- was very active with the Mass Associa- resenting city issues, he is by far the cept JOHN OLVER when it came to tion of Older Americans, and she was most popular elected official that the transportation matters. terrific. She was passionate, knowl- fishermen in the New Bedford area in I’ve got to tell you, JOHN, it made me edgeable, effective, and I can see where the southeastern Massachusetts area angry a couple of times when you came he got a lot of his skills. have ever seen. His loyalty to them is up and you told me things about my b 1920 probably only eclipsed by their loyalty district’s transportation needs. You to him. He knows so much about fish were right and I hadn’t realized. I was But one of the things that impressed that I don’t know if I’ll ever catch up like, Oh, geez. He got me again. me also was the fact that in his time or ever have the opportunity, but it’s I can’t tell you how many times I’ve working as the chief executive for the amazing how complex that issue is as worked with him to try to improve late mayor Kevin White in Boston, he well. transportation policy for my district had the opportunity to really be there But I will say this. Of all of the ac- but, in turn, for the Commonwealth at the executive level. And I could see tions he’s taken during his time in pub- and, in turn, for the country. So I just that reflect in his legislating, and I lic life, I might dare to say what I wanted to come up tonight to thank could see it today because he knew think one of his most proudest actions both of them for their service on behalf from the legislative side how impor- would be, not just what people would of the general public, but also on a per- tant it was to do things to empower think, working with fishing or Dodd- sonal matter. people on the executive side and how Frank, but I think it was really his Both of you have been guiding lights they could work in tandem. I know he marriage to Jim. He has told me how for me. I have learned a lot from both took from that experience the fact that important that was to do while he was of you—different approaches, similar there are no sacred cows. When you’re a Member of Congress, again showing philosophies, different personalities, in that position in a big city and you’re leadership by action on an issue. And I different attitudes. I’m a little dif- doing things you have to do, you’re not was just so happy to be at that wedding ferent than both of you on some things, always taking the most popular stands, and to see that union, that marriage, but I’m alike on some things as well. I but you’re taking tough stands against and I was very pleased to see the happi- will tell you that, as a lifelong resident different groups. And he had no sacred ness and the love that was there at of Massachusetts, I am proud that you cows and he was willing to speak up that time. My only regret is that his served us. I am proud that I’ve had the when necessary. mother wasn’t there to see it as well opportunity to work with you before I think people in this Chamber know because she would have been so proud. Congress and in Congress; and I will as well that when he took the floor One thing you’ll never say about tell you that I am proud to call you then, just like when he takes the floor BARNEY FRANK or JOHN OLVER, I don’t

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7344 CONGRESSIONAL RECORD — HOUSE December 19, 2012 think there was ever a TV ad, an at- no one is here: no one ought to pay a and the districts of all of our col- tack ad, that had one of those weather lot of attention to them. leagues here, for the work that you did vane issues. You know, where you Well, BARNEY and JOHN, today people and the time you spent on our dis- changed your position on this and you ought to pay attention to what we are tricts’ needs, as well as taking care of changed your position on something saying during this particular Special your district’s needs. So I want to else, on an important issue. They were Order because you have both served the thank you for that and share the appre- both resolute. And I had the oppor- Commonwealth of Massachusetts and ciation of all the people in my district. tunity to serve with JOHN briefly in the the United States for a long period of Now, up until a couple of weeks ago, Senate in Massachusetts. Interestingly time, ably, and in a way that nobody BARNEY’s office was around the corner enough, when he was chairman of tax- should forget and everybody should from mine, and so oftentimes we would ation in the Senate, I was his successor want to talk about and recount. have a steady stream of BARNEY visi- as chairman of taxation in the Massa- There’s a lot of years between the two tors who found their way in there. If chusetts Senate. When I had that posi- of you. BARNEY could see them in the district, tion, I started going through the re- JOHN, 40 years in total, over 20 of he wondered why they were taking up ports and the research documents, and them here in the United States House his time down here when he was busy I knew that they just weren’t done by of Representatives. But I remember doing things like the Dodd-Frank bill, researchers, that they had his thumb knowing you well before you knew me. fishing bills and other things of that prints and his intellectual abilities all Back when JOHN OLVER was a senator nature, so they’d all come over and over them. I must tell you, if I started in the State of Massachusetts, as a wander into my office. going back through those things a few young student at the time, I had the But the fact of the matter is that decades ago, I probably wouldn’t be responsibility of janitorial services and BARNEY always was intensely involved through them now. cleaning up that State house. And I with the matters that he was dealing I remember on the floor of the House can remember going into his office. He with here. It reminded me of something when JOHN would be carrying a bill to was always busy, always had people in else he said on the floor one time. He the floor, how people didn’t really there, still working late into the night. said that, when he was talking about question anything he had to say. But But we were going around emptying one of our beloved former colleagues, it’s interesting enough, when you go barrels and vacuuming rugs, and he Joe Moakley, he said that—what was for questions, I seldom saw people go was always generous and kind to us at true about Joe was, I think, also true up to JOHN with questions on that leg- that point in time, but I noted how about him. He said Joe Moakley was a islation because all of us didn’t want to busy he was getting detail, and that great stereotype breaker. And BARNEY, know that much about whatever he never changed. you’ve been a great stereotype breaker was talking about. But JOHN had that When I later had the opportunity to as well in so many different areas it’s same sense, strong sense of fairness, a come here to the House of Representa- countless on that. protector of civil rights, a protector of tives and be a colleague of JOHN’s, just But you said: equality, and one of the leaders of our as others have recounted before me, he One of the things that we suffer from in time in understanding about the im- is meticulous in his detail, knowledge- this country is the assumption that if we are portance of the environment and the able about every subject matter upon A, we cannot be B; if we are X, we cannot be way we treat it. which he spoke or upon which he acted, Y. He was a champion for western Mas- and he added so much. It would be un- You said Joe Moakley showed us that sachusetts, not just with the infra- fair, after over 20 years, to say that that could be and what it could be, and structure that’s there, but when you JOHN OLVER had a specialty in just one you have done the same. thought of our colleges out there and area because like every Member, you BARNEY’s been about one of the most the kind of infrastructure that gives have to know a lot about a lot of dif- fierce debaters down here. Used to be people the opportunity for a good life ferent subjects and work very well with before I got to Congress, whenever I and to advance in life, JOHN OLVER’s your staff to make sure that you have saw something going on in the House, I fingerprints were all over that. He took all of the information that you need. would always be anxious if BARNEY was that same attention to detail he had in And JOHN was a leader and knowledge- up there, and I would watch other col- the Massachusetts legislature and used able in a number of different areas. leagues who might be in a colloquy it in Appropriations to great effect. What he did for his part of the State with him sort of wince because they So with JOHN and BARNEY, I wish will not be forgotten anytime soon by knew if they had misspoken or spoken them both well. They deserve it, and people there, whether it’s getting des- out of line or out of turn they were they will continue to be productive, ignated an actual heritage area for his going to get a comeuppance on that helping our State and helping the peo- region, and so much more, but we will that they deserved, but done in a way ple in our State in other capacities. remember him for the work he did, par- that always had either good biting sar- Mr. MARKEY. I thank the gen- ticularly with appropriations on trans- casm or wit to drive it home on that tleman, and I now yield to the gen- portation matters. basis. tleman from Massachusetts (Mr. TIER- You’ve been one of the most intense b 1930 NEY). Members, and I say that in a good way, Mr. TIERNEY. I thank Mr. MARKEY And my district will remember JOHN when you believe on the issues that for recognizing me at this point in time for the work he did because, as RICHIE were there, but always pragmatic for the Special Order. You know, we noted, and BILL before me, he often- enough to know the art of the deal. did a little research so I wouldn’t just times knew exactly what your district And RICHIE spoke to that, RICHIE NEAL stand up here, because I know JOHN needed and knew how to help you get when he discussed things on the floor and BARNEY are sticklers for detail. So it. And so I can go to various parts of here. we did a little research. We found a my district now, JOHN, and see projects It’s important in this legislative Special Order of some time ago when that are there because of your help, be- body to not be so ideologically extreme BARNEY FRANK, Congressman FRANK, cause of your knowledge of what went that you cannot, at some point, make came down to the floor basically to on and your focus and persistence in a compromise, not on your principles, chastise one of the colleagues who had making sure that they were funded. but on other matters so that we can made a false claim during their Special Most recently was the city of get the business of this House done. Order. What BARNEY had to say at that Amesbury, which opened up a transpor- BARNEY Frank and JOHN OLVER always point: tation center, which also houses its had that in mind, always knew how to Special Orders are a time when Mem- veterans office and its Council on treat their colleagues with respect, and bers can fairly freely say things with- Aging. And I mentioned to those folks always knew how to drive to a bargain out fear of contradiction because who were there the work that you had that would represent all of their val- there’s generally no one there. And as done in helping us do that. They are all ues, make sure that they weren’t com- you listen to many of the Special Or- incredibly grateful, as are so many promising their principles, but make ders, there is a very good reason why other people throughout my district sure that the business of this country

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7345 and the things that were important in was responsible for defeating the last Congressman MCGOVERN to make sure their district and their State got done. woman who had served from Massachu- that we were introduced in a way that Both of you deserve a great deal of setts, and he wanted to help elect the positioned us well to move on and be- credit, and we can only hope that this next woman who was seeking to serve come representatives of those commu- House finds its way back to those days, for Massachusetts. It had been 25 years. nities. when the majority of this body finds And BARNEY, as we’ve heard, really So I’m happy to inherit them, but all of that necessary and possible to do. has been a legend in everything he’s again, I know I have such big shoes to On a personal note, as BILL men- done. I watched him from afar. I was fill, and I see it in particular in all his tioned, Patrice and I were thrilled quite young when he was working with work. He has been the cardinal on the when BARNEY and Jim got married; an- Kevin White. We knew who he was be- transportation side of the Appropria- other way of showing that you can be a cause, even at that young age, he was tions Committee, the tremendous work leader at times. very colorful and very able and recog- he’s done to bring resources to some I just recently saw a program on nized as being so extraordinarily bright communities that really will benefit Cheryl Wright, a country western sing- and always witty, as a State legislator from them. er; and if anybody got a chance to see as well. In here we see it and have But it is not just about the resources. it, she went through how difficult it heard about it over and over again. The Fitchburg rail lane is not just was for her to come out. And I was Soon after getting here 5 years ago, about a rail line. It is about the future moved by that show because it re- maybe a year into it, you know, we of a community connecting the central minded of what it must have been for struggled with the collapse of Wall part of Massachusetts into the Boston BARNEY and for anybody else in public Street. And I remember thinking that area, improving the lives, the economic life to have to come out—not knowing we were so fortunate to have BARNEY opportunities of the people who live what the reaction of your own family Frank in a place where his expertise, and work there. So again, a remarkable or your friends or their colleagues or his commitment to learning, brought legislator who I know I will miss. anybody in public is going to think such great value to what we sought to I went to an event that was hosted by about that—and take the risk to do it. do in order to stop the free fall, while his many, many staff members. He was And that is certainly one thing that protecting American citizens and the beloved by his staff. And also attending were a number of people who, over the this body and this country will always American economy. And it really was a years, had made their way into JOHN’s remember. moment where one was reminded that Whether it was our fishermen, the as much as we talk about term limits office to talk about some particular funding that they were seeking. And gay, lesbian and transgender commu- and the need to be reinvigorated and across the board, everyone said how nity, so many Massachusetts residents bring new people in, there is tremen- well prepared they had to be because, are going to remember BARNEY Frank dous value in people who have been invariably, he knew more than they for all that he did, as they are going to here a while, who have mastered the knew and would have a question for remember JOHN OLVER on that. We’re material and who know quickly how to them that they could not answer. going to miss both of you fellows down respond in an emergency, which that here. moment most certainly was. And it’s b 1940 And JOHN, we wish you and Rose only something I take with me, that we I have to say I had the very same ex- the best in your future. I know you’re need to have a balance. But we were perience with him as I made my way going to keep busy in so many ways fortunate to have BARNEY Frank in the into his office. that you can. position as chairman of Financial So, remarkable legislators, people And BARNEY, you and Jim are going Services, as he was at that moment. who have done so much good for our to be busy, but not too busy, I hope, to And we’ve heard and will never forget country, so much good for our Com- come and share some dinners with the tremendous work he has done on monwealth, and who do so much. For Patrice and me. civil rights and gender equality. I often those who wonder about the quality of The one nice part about that is BAR- think that, as we come to Washington those of us who serve here, I think we NEY was never bashful about telling and we seek to make a difference, we’re can only be proud. They have only ele- Patrice she could make what she made really like a little feather in a stream. vated the stature of this most remark- last time, that was just fine, but he and We can make a little difference here able institution and that which we all Jim weren’t going to be doing the and there, but BARNEY Frank has im- seek, which is to be a Member of Con- cooking. proved the lives of millions of Ameri- gress, and do so in a way that is intel- So good luck to both of you, and cans across this country with his work ligent, with great integrity. None of us thank you for letting us share your on gender equality. will have the wit, though, of BARNEY comradeship and be colleagues of And, again, I will never forget, as the FRANK. yours. Thanks for all that you’ve done Employment Nondiscrimination Act Mr. MARKEY. I thank the gentle- for the country and the Commonwealth passed this House for the first time, did lady, and I yield to the gentleman from and your districts. not go anywhere in the Senate, but, Worcester, Mr. MCGOVERN. Mr. MARKEY. We thank the gen- again, a remarkable testament to BAR- Mr. MCGOVERN. I thank the dean of tleman from Salem. NEY’s commitment and extraordinary our delegation for yielding me the I recognize the gentlewoman from personal courage as he has fought for time. Lowell, Ms. TSONGAS. these issues for so many years. Let me just say that it is a real privi- Ms. TSONGAS. Thank you, Mr. MAR- And I have to congratulate him on lege to serve in the Massachusetts dele- KEY. falling in love with and marrying a gation. I think some of the most color- It’s great to be here, although a sad gentleman from my district, Jim ful and effective political personalities moment as well because we are losing— Ready. It’s been a wonderful thing. But have come from Massachusetts. And not truly losing, but no longer serving I think the best thing of all was that he I’m proud to be part of this delegation. on a daily basis with—two remarkable came from Tewksbury, Massachusetts, But I’m particularly proud to be part colleagues with whom it has been my now JOHN’s district. of a delegation that includes JOHN privilege to serve for 5 years. They are JOHN OLVER, I think of JOHN as a gen- OLVER and BARNEY FRANK. My new dis- distinguished legislators, as we’re hear- tleman of the House. He’s so thought- trict includes many of the towns and ing, but they’re also great friends. ful, so knowledgeable, so quiet, but so cities that JOHN OLVER has represented BARNEY FRANK has been a family committed. And I’ve been happy to in- over the years. As I’ve gotten to know friend for many years. In fact, my sis- herit a certain part of his district; al- these communities, I’ve gotten to real- ter-in-law, Thaleia Tsongas Schles- though, I know that his constituents ize how much love the people of these inger, was BARNEY’s press secretary in there will miss him forever. And I cities and towns have for JOHN OLVER, his first race for Congress. think, as an example of how generous a how much they appreciate his incred- And I was so proud to receive his sup- man he is, how hard he worked as we ible work. And I have also come to ap- port when I first got the seat 5 years made our way into these new commu- preciate all that he has done: transpor- ago. He commented at the time that he nities, how hard he worked for me and tation and infrastructure projects; new

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7346 CONGRESSIONAL RECORD — HOUSE December 19, 2012 quality, affordable housing; protection ably powerful spokesperson for all mittee. That’s what they call them. So of open space; daycare centers; support these issues. as a cardinal, he commanded a great for colleges and universities. And I can But BARNEY is not only, in my opin- deal of respect from our colleagues, go on and on and on. ion, a great Member of Congress. He’s though that came easy to us because, As NIKI TSONGAS pointed out, his in- also a very, very good man. Look at as I say, we knew him well, his values tellect is unequaled. Sometimes it’s a the causes that he has championed. and his judgment. little bit intimidating. I’m afraid to We’ve heard about his efforts on behalf I want to point out one thing in par- ask JOHN OLVER a question because I of LGBT rights, civil rights, human ticular, and that is he always had an don’t want to know that much. None- rights, affordable housing, a voice for interest in promoting or empowering theless, there is nobody who knows working families, reining in the ex- women, whether it was in the Congress more detail about every single project cesses of these financial institutions on or in the country or in the world. There in every single community in his dis- Wall Street. But for me, what I have were some early conversations I had trict than JOHN OLVER. admired about him is that he has been with him about human rights viola- JOHN’s a quiet man, but he’s a deter- a steadfast and unequal voice on behalf tions against women—against anyone— mined man. He’s someone with deep, of poor people in this country. I regret but his concern was deep and knowl- strong convictions and someone who very much that so much of what goes edgeable. In Congress, he was sup- has a spine of steel. He cares about peo- on here in Washington neglects paying portive of advancing women into posi- ple halfway down the block and he attention to the very least among us. tions of power here. I can speak of that cares about people halfway around the And BARNEY has been out there, even firsthand. And also for women in the world. I had the unique experience of though it’s unfashionable, talking country. His wife is an academic, as he engaging in civil disobedience with about the need for affordable housing is. Having served in this Congress all JOHN not once but twice, protesting the for people who are poor, making sure this time, you can still be considered genocide in Darfur. And we shared time that people have enough eat, making that—an intellectual. Again, he always in a cell together on two different occa- sure that people get what they need so knew of what he spoke. He brought sions. A lot of people wouldn’t expect they can have ladders of opportunity to great passion, judgment, and delibera- JOHN to be involved in that type of pro- succeed. And I’m going to miss his tiveness. He was very deliberative in test. But he was there. He was there be- voice on those issues in particular. Be- getting a job done. cause he thought it was important. cause, to me, they’re so important. I b 1950 And he thought it was important that happen to believe if government stands the world know that people are watch- for anything, it ought to stand for the So it was an honor to call him ‘‘col- ing what was happening in Darfur and most vulnerable in this country. league.’’ He brought a special contribu- in the Sudan. He’s taught me a lot, and So, BARNEY, thank you. One other tion to the Congress. Thank you, Con- I value his friendship very much. I’m thing. My mother wants you to run for gressman JOHN OLVER, for your leader- going to be his new Congressman, so I Senate. She told you that at the air- ship, for your friendship. expect I will hear from him on a reg- port. She wanted me to tell you that Again, sitting there next to BARNEY ular basis. again. But I will close by saying that it FRANK, who is a phenomenon, a force of As for BARNEY, I will miss him, like is with great affection and love and nature, somebody very special to all of everyone here, very, very much. When friendship and so much respect that I us; unique in terms of his incredible in- I was an aide to Joe Moakley in the stand here tonight to pay tribute to tellect and, in some people’s opinion, early 1980s, no matter who Joe Moak- two people who I think are giants in great humor—his and mine, for two. To ley was meeting with, he had the TV this institution: JOHN OLVER and BAR- serve with him is really an experience. on, watching the proceedings on C– NEY FRANK. We learned from him not only every SPAN. But when BARNEY came to the I thank the dean for yielding me the time he spoke, because he spoke with floor, he’d tell everybody to be quiet, time. such wisdom and knowledge of the sub- shut up, and listen. This is going to be Mr. MARKEY. I thank the gen- ject, but also we learned from him how good. And he would increase the vol- tleman. to get his attention, hold it—but not ume and everybody would sit there and I yield such time as she may consume too long—and move on with whatever watch BARNEY FRANK in action. to the leader of the Democratic Party, idea we had in mind. There is no one I enjoy and there is the gentlelady from San Francisco, Ms. I had the occasion when I came to no one I think most of my colleagues PELOSI. Congress the first time to call BARNEY enjoy seeing debate on the floor than Ms. PELOSI. I thank the gentleman and say, I’m so offended by what is BARNEY FRANK. And I would say that for yielding. going on on the floor. They’re saying there is probably no one the Repub- Tonight, we come to the floor to pay terrible things about people there who licans fear more during debate than tribute to two people—BARNEY FRANK are in need, and the rhetoric went on BARNEY FRANK. He has the ability to be and JOHN OLVER—who, in many ways, and on and on and on. able to make the most important could not be more different. They are When I got to the end of it, he said, points but also maintain a sense of the same in this respect: they have Why are you calling me? humor. It has been one of the reasons made important marks on the Congress I said, Well, I want to know, what are why he’s been so effective. of the United States. What is special we going to do about it? I have had the good fortune of shar- about them is that they are so dif- He said, What are you going to do ing communities with BARNEY over the ferent. But in their shared values, in about it? And next time you call me, years. We represented the city of Fall their effectiveness, their knowledge of just get right to the point right from River together. And I think it’s impor- the issues and their ability to persuade the start. tant for people to know that in addi- our colleagues to join them in a vote, Well, that was very good advice. Now tion to being this national leader, BAR- they share that talent, especially those when I speak, I say, BARNEY, subject, NEY FRANK is also a very effective values representing Massachusetts in problem, action needed, timing. And bread-and-butter, nuts-and-bolts politi- the Congress. now we’ve gotten along great for dec- cian who cared very, very deeply about I had the privilege of serving with ades. As one of my friends, John Bur- every single issue that occurred in his JOHN OLVER on the Appropriations ton, would say, he just wanted to know district, whether it was an economic Committee. So I saw firsthand and if you enjoyed the movie; he didn’t development initiative, whether it was very close up his extraordinary mas- want to know if you had butter on your a bridge or a road, whether it was help- tery of the facts and the substance be- popcorn. Just spare me the extra infor- ing a veteran get his medals from fore us and his political astuteness to mation that was not needed by him. World War II or helping Mrs. O’Leary find a way to get the job done as a So I first basked in his aura at the find her lost Social Security check, or chairman and ranking member of an Banking Committee, where he was a becoming the champion of fishermen important subcommittee of Appropria- leader on the Housing Subcommittee. on the east coast. He immersed himself tions, Transportation, better known as We had that in common, representing in these issues, and he was an unbeliev- THUD. He’s a cardinal on that com- Boston and San Francisco, two cities

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7347 with the high cost of housing and see how Congress would act, he of I yield myself such time as may re- knowing that we had to meet the needs course made history by not only voting main in the hour. Since my time is of people who could not afford that for an amendment to repeal Don’t Ask, about to expire, I would ask if it were high cost. So that respect for people’s Don’t Tell, but for the Defense author- possible for the gentleman from Indi- need to have the dignity of a home, no ization bill. Many like-minded and ana to be able to yield 5 minutes to me matter what their economic situation thinking and voting people who follow as the opening part of his Special was, was, again, his commitment, as BARNEY’s lead followed him down that Order. others have mentioned, to those at the path so that a bill would pass. Mr. BURTON of Indiana. Madam lower place on the economic scale. So But it just goes over and over again. Speaker, the gentleman, the old man, housing, affordability of it, the stock It’s the consumer, protecting the tax- or the dean, as they call him, of the of it, the housing opportunities for peo- payer, protecting the consumer; the Massachusetts delegation, has asked if ple with HIV and AIDS, all of those bill, Dodd-Frank, of such magnitude we would give him some of our 1-hour kinds of issues. As you can imagine, he and scope, having such important im- time, and I would like to ask unani- had the full view of it all in a way to plications for, again, protecting Main mous consent that we give him—how get the job done. Street. He was masterful, not just be- much time do you need? Five minutes? Discrimination—everybody has cause he was protecting the consumer, An additional 5 minutes. talked about it this evening, but it’s a but because he understood the balance The SPEAKER pro tempore (Ms. very transformative thing to see BAR- that was necessary in the legislation. HAYWORTH). The gentleman’s request NEY talk about discrimination, how it That was really a mark of his leader- cannot be entertained. The gentleman affected him, could have affected him ship all along. He always respected the has 1 minute remaining. Then the gen- in his life, and how he didn’t want that views of all stakeholders and any ini- tleman from Indiana will be recog- risk to be taken by other young people tiative that was put forward. nized, at which point he could yield who might have had some questions I see by the walking around of the time. about their sexuality and the rest. dean of the Massachusetts delegation The Chair recognizes the gentleman I remember when we were doing the that time may be short, so I will re- from Massachusetts. duce my remarks. But I did want to hate crimes bill, fully inclusive hate Mr. MARKEY. If BARNEY FRANK were crimes bill. It was really a very impor- make sure people knew what an impor- down here, none of this would have tant bill that some people would have tant force he was in providing afford- happened in terms of the under- able housing in our country, ending to take a political risk to vote for in standing of the parliamentary proce- discrimination in every possible way— their districts. When BARNEY came to dure. He was up there trying to grab I just named two—in the fight against the Caucus and spoke about it, he said, the imaginary microphone so he could HIV and AIDS, in protecting the con- I’m the chairman of the Financial clarify the parliamentary situation. Services Committee. Important leaders sumer and the taxpayer, and Dodd- b 2000 of the financial community beat a path Frank. I know that any of us who were at his to my door. They want to hear what I I will conclude this part just by say- wedding and any of us who danced with think on subjects and tell me what ing, again, that JOHN OLVER has been him at his wedding know that that was they think. But I wasn’t always the for us just an invaluable colleague. He a special privilege indeed not shared by chairman of the Financial Services taught all of us so much about our own many, but a compliment indeed. Committee. I was once a 16-year-old districts. The other Members have He will be very missed. He will be mentioned it, but when he sat down boy who had questions. I identify with missed for his intellect. Every time he with us talking about transportation, those little boys now, those young peo- spoke, we learned. He will be missed for he explained our own districts to us in ple now, and that’s why this was im- his intellect. He will be missed for his terms of what was possible and what portant. It was following the Matthew parliamentary prowess. He was a mas- was needed. Shepard murder and all that that im- ter of parliamentary procedure and, I On climate change, I’ve talked to plied. think, revelled in playing that role on him over 20 years about the issue. He But for him to have the generosity of the floor of the House. spirit to share his innermost thoughts Again, always values based, loved his was on this issue in the early 1990s and about his own life and how that in- district, proud of the State of Massa- probably understood it even before structed him to act, it was almost a chusetts, and, really, a national figure then. He is that smart. He is that vi- moral imperative for him to act. He that will go down in history as one of sionary in terms of the issues that are had a special responsibility, because of the greats to have ever served in the central not just to Massachusetts but his own personal experience, to act. House of Representatives. to our planet. And it has been my great And Members just responded to him. Flamboyant—he’s given me fashion honor to have served with you, JOHN, He spoke to them in a very personal advice, which is interesting getting and to have called you my friend and way. They responded to him in a very fashion advice from BARNEY FRANK. my colleague over all of these years. personal way, and we passed something But I valued that. If he took the trou- We all thank you so much for what you very, very important for our country ble or had the thought to make the have done for us and done for the coun- and discrimination. point that I should give away a par- try. I remember the first time we passed ticular article of clothing because—not Thank you. Thank you so much. the amendment to repeal Don’t Ask, known for his sartorial splendor, none- The SPEAKER pro tempore. The Don’t Tell. Oh, my gosh, it was so ex- theless, if he made a point about it, he time of the gentleman has expired. citing. It was so exciting. So I went up knew that there was some truth to f to BARNEY after the vote and I said, whatever view he was expounding. MY FAREWELL MESSAGE BARNEY, you’re making history today. So with that, I’m honored to join the He said, Yes, because we repealed Massachusetts delegation to sing the The SPEAKER pro tempore. Under Don’t Ask, Don’t Tell. praises of two great leaders as they’re the Speaker’s announced policy of Jan- I said, No. different in terms of style, but signifi- uary 5, 2011, the gentleman from Indi- Because we did this amendment on cant, both of them, in their contribu- ana (Mr. BURTON) is recognized for 60 the Defense authorization bill? tion to our country: Congressman— minutes as the designee of the major- I said, No, not because of that. That’s otherwise known as Chairman—JOHN ity leader. history, yes, but we’re making history OLVER, the cardinal from the Appro- Mr. BURTON of Indiana. Madam because today you’re going to vote for priations Committee, and Chairman Speaker, I yield 5 minutes to my col- your first Defense authorization bill BARNEY FRANK, it’s an honor to serve league from Massachusetts. which has funding for the war in Iraq with you, a privilege to call you friend. Mr. MARKEY. I thank the gentleman and Afghanistan. Thank you for your service to our very much. So, in any event, knowing that we country. Now, on BARNEY Frank, BARNEY had a greater good, a separate issue to Mr. MARKEY. I thank the gentle- Frank is at the same time the smartest deal with and people were waiting to lady. Member and the wittiest Member of

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7348 CONGRESSIONAL RECORD — HOUSE December 19, 2012 the United States Congress. That is was rampant, but no one was raising First of all, let me start off by saying quite a double to be able to pull off. He the issue across the country. And so we that Daniel Inouye, Senator Inouye, I has a nuclear power plant for a brain. started to have votes in the Massachu- never met, but I read in the paper There is absolutely nothing that he setts legislature. BARNEY was on the many years ago the exploits of Daniel cannot recall when he needs it here in losing side. He knew he would lose Inouye when he was in the military. A this legislative process. early on. But, ultimately, those defeats Japanese young man whose family was Now, over his career, he is usually led to the victories which we talk put in a camp during World War II, and right, but too soon for many people to about today. Out here on the House he volunteered to go into the military. be able to accept. That is how far floor, BARNEY was the lead opponent of He became an outstanding member of ahead he was on so many of the issues the Defense of Marriage Act. He knew the military. In Italy there were ex- which we worked on here in the House that even if he was on the wrong side, ploits that he performed that won him of Representatives. His political philos- he was going to stand up and make the Congressional Medal of Honor. And ophy is, if you want to negotiate, he sure that everyone else knew ulti- you don’t get that unless you are really wants peace. He would love to nego- mately what the right side would look an extraordinary human being. tiate with you. He knows that he will like. b 2010 out-negotiate you. But if you want po- There was one day I was standing litical war, he enjoys that, too, because right here at this microphone, and I He took out an enemy position, a he does not see it as a sprint but as a was talking about oil subsidies that I German position, when he was hit marathon heading towards that day felt were unjustified, and I said: again and again and again. He lost one when the truth will ultimately prevail. Giving a subsidy to an oil company record- of his arms, and he just kept going. I When he was in the State legislature, ing record profits would be like subsidizing a wish he were still here today. I called when I served with him, when we had fish to swim or a bird to fly. You just don’t him on the phone when I found out monumental battles on whether or not have to do it. about that, and I told him I had never to reinstitute the death penalty in I was feeling quite good about my- met him, but I wanted him to know Massachusetts, whether or not we were self. I finished, and I just walked over that there were Members of the House going to have a black senate seat in here, and BARNEY stood up and came who really thought he was an extraor- Massachusetts, it was BARNEY Frank over to me, and he said, you know, you dinary man. And he was, and I’m sure who led the efforts to sustain the veto didn’t finish that. And I said, finish he’s going to be missed. that would make sure that our State what? Well, the whole stanza: I’ve been here 30 years, and I’m retir- would still be the leader in progressive Fish gotta swim and birds gotta fly. ing at the end of this term. I thought I causes. I’m gonna love that man till the day I die. ought to have at least a little bit of a Here in Congress, the debate on That man is Jim Ready, and BARNEY swan song, maybe 5 or 10 minutes NATO burden sharing, the way BARNEY is now married to him. where I could talk to my colleagues a would frame it for people is, we helped It’s because of his efforts in making little bit about what’s happened over these people, it’s now late into the last it possible to change the culture in our the 30 years. century and into this century, and we country that BARNEY is going to love When I first came here, I was a very can’t any longer take from the poor that man until the day he dies. But it young man, and I knew everything. people’s programs in this country in took a lot of courage, and it took a lot You couldn’t tell me anything. Now order to, in fact, pay for the defense of of foresight to know that that day that I’ve been here 30 years, I realize I Europe. It was time for Europe to pick would arrive. didn’t know much of anything, and I up their own fair share of the burden. So, yeah, and NANCY PELOSI said it— probably know less now than I did The same thing was true with fighting the Mount Rushmore of Massachusetts: then. In fact, I just found there were a for fishermen. The same thing was true Congressmen Tip O’Neill, Joe Moakley, couple of things I missed along the with issue after issue out here on the and BARNEY FRANK. He’s going down in boat with the Parliamentarian. House floor. history. And we all know it. On so There are a couple of things I would Dodd-Frank, which was debated right many different fronts, he changed the like to comment about, and that is we here on the House floor, the same place way America thinks. And it’s quite a have 435 Members in this House and 100 where Abe Lincoln was trying to get gift that he had and that he gave to the Members in the Senate. We start work- the votes to abolish slavery, same country. ing with each other and we work to- seats, BARNEY Frank led the effort to So for both of them, it has been just gether, but we really don’t know much create the new financial services con- an enormous privilege for all of us to about each other. I don’t know much stitution for the 21st century in not serve with you, and I think everyone about your background, Madam Speak- just the United States but on the whole on both sides of the aisle knows that er. I don’t know much about my col- planet. And there were some provisions there was greatness in our delegation leagues’ background. We work to- that were so important, that is, cre- and that it was an honor, JOHN and gether, and we don’t know whether we ating a Consumer Protection Bureau, BARNEY, to have been able to serve were poor, rich, well educated, or that they would rather have ELIZABETH with you for all of these years. Thank uneducated; and we work together. WARREN as a Senator than have her be you all so much. The thing that really has bothered the head of the Consumer Protection Mr. BURTON of Indiana. Madam me as the years have gone by is that I Bureau inside of Dodd-Frank, and Speaker, let me just follow up on what see things happen to my colleagues that’s just a small part of the totality was just said and say that BARNEY about whom I know very little, and it of that bill. Frank and I have had a lot of dif- bothers me. One of the leaders on the BARNEY’s message always was to ferences over the years, but we’ve also Democrat side of the aisle lost his wife stand up and have courage. Stand up found times when we could work to- a few years ago, and it wasn’t for sev- for what’s right, even if you don’t win gether. In fact, we even cosponsored a eral months that I even knew about it. early. He has been a parliamentary and bill one time. I’ve had a number of my colleagues a substantive cop on the beat walking So BARNEY and your colleague, I wish who’ve lost their kids, who have gone around here on the House floor, using you both the very best, and hopefully through all kinds of tragedies in their the microphone as his nightstick in we will run into each other along the families, and I think many of my col- order to make sure that nothing hap- road in the future. leagues don’t know much about it. We pened here that was wrong would go Madam Speaker, let me just make a just go on, and we continue to have the uncommented upon so that people couple of comments to my two col- vitriolic conversations and debates would know what should have been leagues who are going to follow me on that we have, and we don’t realize that happening. this Special Order. They have told me we haven’t walked in the other guy’s Back in the Massachusetts legisla- if I talk too long they’re going to hit shoes very much. ture in the early seventies, the mid- me in the head with a ball bat, so I’m I thought tonight I would just maybe 1970s, BARNEY decided to make amend- not going to talk too long tonight. But take a minute or two—and I’m sure ments on gay rights. Discrimination I do want to say a couple of things. that most of my colleagues are out

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7349 doing something else, but maybe world, and you don’t even know who And there is no way of telling where the end they’ll get a chance to hear what I’m they are. So be a little more realistic is going to be. saying tonight. But whether we’re when you start thinking about how im- Drop a pebble in the water: in a minute you Democrats or Republicans, liberals or forget, portant you might be because, really, But there’s little waves a-flowing, and conservatives, we ought to think about all glory is fleeting. there’s ripples circling yet, the other guy and the other gal who’s I want to read to you something here, And those little waves a-flowing to a great working so hard to get their points a couple of poems. Bear with me for big wave have grown; across and who may be going through just a minute. The first poem is called You’ve disturbed a mighty river just by tragedies that we don’t even under- ‘‘A Bag of Tools’’: dropping in a stone. stand or can’t even imagine. We need Isn’t it strange how princes and kings, Drop an unkind word, or careless: in a to think about walking in their shoes and clowns that caper in sawdust rings, minute it is gone; just a little bit before we’re so critical. and common people, like you and me, But there’s half-a-hundred ripples circling on Time goes by so fast. I’ve been here are builders for eternity? and on and on. They keep spreading, spreading, spreading 30 years, and I can remember the first Each is given a bag of tools; a shapeless mass; a book of rules. from the center as they go, day I walked up the steps of the Cap- And there is no way to stop them, once itol with my family and the television And each must make, ere life is flown, a stumbling block or a steppingstone. you’ve started them to flow. camera was following me. I thought, Drop an unkind word, or careless: in a man, this is going to last forever. I I hope my colleagues will all try to minute you forget; make their lives a steppingstone. thought my kids would be with me for- But there’s little waves a-flowing and there’s I want to talk about a guy that ripples circling yet. ever, my staff would be with me for- served not in this Chamber, but an- ever, and my wife would be with me And perhaps in some sad heart a mighty other Chamber. He was a House Mem- wave of tears you’ve stirred, forever. She passed away about 11 ber. I’ll tell you a little bit about him, And disturbed one who was happy, ere you years ago. Fortunately, I have another and it’s in a poem. It says: dropped that unkind word. wonderful wife. But you go through all A squalid village set in wintry mud. Drop a word of cheer and kindness: just a these tragedies, and it goes by so fast A hub-deep ox-cart slowly groans and flash and it is gone; and you just don’t realize it. And you squeaks. But there’s half-a-hundred ripples circling on don’t take the time to smell the roses A horseman hails and halts. He shifts his cud and on and on, until you’re just a little bit older and And speaks: Bearing hope and joy and comfort on each have missed so much. ‘‘Well, did you hear? Tom Lincoln’s wife splashing, dashing wave, If I were saying something to my col- today. Till you wouldn’t believe the volume of the one kind word you gave. leagues tonight, I would say, Do your The devil’s luck for folk as poor as they. Poor Tom! Poor Nance! Drop a word of cheer and kindness: in a very best and explain yourself the very minute you forget; best that you can, but realize that the Poor young one! Born without a chance! A baby in that God-forsaken den, But there’s gladness still a-swelling, and other guy who has a different point of That worse than cattle-pen! there’s joy circling yet. view than you really believes most of Well, what are they but cattle? Cattle? Tut! And you’ve rolled a wave of comfort whose the time in what he’s doing, and we A critter is beef, hide and tallow, but sweet music can be heard ought to be a little more tolerant and Who’d swap one for the critters of that hut? Over miles and miles of water, just by drop- don’t criticize him too much until White trash! Small fry! ping one kind word. you’ve had a chance to walk in his Whose only instinct is to multiply! b 2020 shoes. They’re good at that, So, if I were talking to my colleagues And so, today, God wot! Another brat! According to General Patton in the tonight, I’d say to think about your movie ‘‘Patton,’’ he said, All glory is A squawking, squalling, red-faced good-for- naught colleagues and their families and the fleeting. It’s true. I see these young Spilled on the world, heaven only knows for troubles that they have and the heart- guys come in who are like me and what. ache they’re feeling, and to think these young ladies come in, and they’re Better if he were black, about the words that you’re saying to going to whip the world; they’re going For then he’d have a shirt upon his back them and the kind of attitude that to change this world overnight. I try to And something in his belly as he grows. you’re creating in your colleagues and talk to them in an elderly, fatherly More than he is like to have, as I suppose. their families by the things you’re say- way, I guess you would say. I’d say, Yet there be those ing. Fight for the things you believe in, Have you ever been around the Capital Who claim ’equality’ for this new brat, but remember, there’s another human And that damned democrat and looked at all the statues? And Who squats today where Washington once being over there who can be helped or they’ll say, I’ve looked at a few of sat, hurt just by what you’re saying on the them. I’ll say, Have you ever seen some He’d have it that this Lincoln cub might be floor of the House of Representatives of pictures around here? They’ll look Of even value in the world with you and me! or in the United States Senate. and they’ll say, Oh, yeah, we’ve seen Yes, Jefferson, Tom Jefferson, who but he? With that, Madam Speaker, I yield them. I’ll say, Do you know who they Who even hints that black men should be back the balance of my time. are? And they’ll say, Well, no. I’ll say, free. f Well, they were Speakers of the House That feather-headed fool would tell you, maybe WHAT CAN YOU SAY? and Vice Presidents and Presidents of A president might lie in this new baby! The SPEAKER pro tempore. Under the United States, and you don’t know In this new squawker born without a rag who they are. And they’ll say, That’s the Speaker’s announced policy of Jan- To hide himself! Good God, it makes me gag! uary 5, 2011, the gentleman from Ne- right. I say, Remember this. You think This human-spawn braska (Mr. FORTENBERRY) is recog- you’re going to be remembered. You’re Born for a world to wipe its feet upon nized for 40 minutes as the designee of going to do your best, but you’re just A few years hence, but now More helpless than the litter of a sow, the majority leader. going to be a footnote in history, one Mr. FORTENBERRY. Thank you, line in a history book. So don’t take And—oh, well! Send the women-folks to Nance.’’ Madam Speaker. yourself so seriously. Do the best you ‘‘Poor little devil! Born without a chance!’’ Before my colleague DAN BURTON can, and fight for the things in which Then I want to say to my colleagues leaves the Chamber, I just want to say you believe, and stick by your prin- one more thing, and then I’ll stop. This thank you. Thank you for your ciples. But don’t go around thinking is when you speak on the floor. I hope thoughtful reflections here. that you float on air and that you’re my colleagues will get a chance to read I should tell the Speaker, as well as something special because you’re just this because it’s really important: everyone who might be watching, that another Congressman. We’ve had about we were teasing you a moment ago be- 12,000 Congressmen and Senators in our Drop a pebble in the water: just a splash, and it is gone; cause you said you were only going to history, and you’re going to be one of But there’s half-a-hundred ripples circling on speak for 10 minutes, and I said, DAN them. It’s an honor to be able to be and on and on, BURTON, you’ve never spoken for 10 numbered among those; but remember, Spreading, spreading from the center, flow- minutes in your life. You’re going to go there were Ceasars who ruled the ing on out to the sea, a lot longer than that.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7350 CONGRESSIONAL RECORD — HOUSE December 19, 2012 You held it to about 10, and your creasingly devalues and degrades I would like to echo the concerns of words were not only precise but deeply human life. Graphic acts of violence my colleague. We are changed, we are thoughtful and meaningful, and I think and inhumanity pervade popular cul- affected by what we see, by what we they’re an outstanding tribute to you ture, entertainment, and other venues hear, by what we listen to, by what we in leaving this body. I want to thank that vie for our attention. In flipping watch. You cannot swim in a sea of vi- you for your personal friendship to me through the channels recently, I saw olence and not be affected by it. I know and for your words of admonition to on a ‘‘Law and Order’’ show, ironically, we have a Constitution and an amend- the rest of us to try to be a little bit a man shot in an elevator and the ment which guarantees freedom of kinder, a little bit gentler. blood splashing on his attorney. Sec- speech, but you don’t have a right to do I think it’s important for people to onds later, we move on to the next what is wrong, and it is wrong that our know—and you alluded to it—that, scene or to the next commercial with- entertainment media is placing before, over a decade ago, your own wife died. out consequence. particularly our impressionable young The caregiver for your wife, as she had We are supposedly entertained by people, these unending scenes of vio- cancer, was Samia, who became your this, and of course the producer gets lence in these video games. friend and who became a friend of your the profit, but who really pays? Soci- b 2030 family’s, and your own children en- ety grows increasingly numb to the in- You know the unbridled expression of couraged you to, perhaps, pursue a re- creasing levels of wanton brutality, when one right infringes on another, lationship with her, and now she is cruelty, and indignity, all celebrated we limit that right. You do have a your lovely wife. It has been a pleasure for profit. Perhaps most of us can right of freedom of speech; but still, to see you so happy in these last years shake it off or just turn it off, but what you can’t yell ‘‘fire, fire’’ in a crowded of public service, but we really appre- happens when a person of limited sta- theater if there is no fire because peo- ciate your dedication and passion to bility sees these images over and over ple could get hurt in trying to get out. serving this Nation. So thank you so again? We preach tolerance for one an- That same philosophy, I think, would much. other, but we fill our culture with gro- permit us to limit the kinds of enter- Madam Speaker, I would like to turn tesque and inhuman depictions and ex- tainment and violence that pervade our to another topic now. I sat in my office pect that there will not be con- society. last night, looking at the pictures of sequences. I know there are many factors as to the precious little children who were Madam Speaker, I am sure there are what caused this tragedy, but certainly killed in Connecticut last Friday. What any number of Ph.D.s out there who this could be one of them, particularly can you say? My heart breaks for them will somehow refute that there is a cor- to people who don’t have all of the fac- and their parents and for the people of relation between this aggressive as- ulties that the average of us have for Newtown. I looked at the picture of lit- sault of images constantly before us contending with changes in our envi- tle Caroline Previdi, one of the 6-year- and the recurring violence that is all ronment. old children who died. I’m sure she was around us. Instead, we want simple an- I would like also to refer back to a happy child, full of life’s potential swers and quick fixes, and then we’ll comments that my good friend DAN just like my own little Caroline, who just move on. BURTON made that so little is known just turned 7 a few days ago. What can I suggest that we look inward to re- about us here. We kind of appear here, you say? It’s unthinkable that a person gain a deeper understanding of what it Madam Speaker, almost as if we were would kill innocent little children with means to be in community, in a com- the products of spontaneous generation such cravenness and violence. These mon bond with neighbors, where per- and there we are in front of the micro- children’s Christmas presents are still sons are not in isolation, where check phone and a million, a million and a under the tree. Their moms and dads mechanisms are so ordinary that per- half people out there are watching us. are still looking at them. sons are not simply roaming around, Just who are we? So I thought I would In this town where we pride ourselves disconnected from communities of con- spend just a moment doing what I on rhetorical flourish, precision of cern, family life, mental health treat- probably should have done 20 years ago thought, and volume of words, what ment, or swift enforcement action, and kind of introduce myself. can you say? What can you do other whatever is needed. A single and simple I was born in 1926. If you are doing than stand in solidarity, in spirit, with policy response from Washington can- some quick math, yes, that means I’m the grieving families, and perhaps— not fix this. We all want to have a in my 87th year. Our family hardly just perhaps—hug those you love a lit- more caring and supportive society, knew that there was a Great Depres- tle bit tighter? but the fragmentation of family, civic, sion. We were just as poor before the Now the Sandy Hook Elementary and our Nation’s community life lends Depression as we were during the De- School tragedy is sparking a national itself to isolation, anger and, for some, pression. debate about how and why this hap- even despair. I was the first member of my imme- pened and about how it might have Let’s be clear: this tragedy is the re- diate family to graduate from college. been prevented. That debate is under- sult of a deeply disturbed person who I wanted to be a medical missionary, standable and needs to happen. In the committed unspeakable crimes. That is and so I was studying theology and I coming weeks, Congress will be called where the blame rests. But perhaps an was taking science courses so that I on to react. Questions have already outcome deserving of these children could go to med school. And I had a arisen about guns and school safety who died is that we all take some re- really, really good science teacher, and and emergency preparedness. But these sponsibility for the degradation of cul- I took all of the courses he offered and concerns and debates may bypass alto- ture—what we think about, the way we enough more so that when I graduated gether some of the deeper, more dif- conduct ourselves—and perhaps strive from college, I not only had a degree, a ficult issues involved, like what we for that which is noble, for that which major in the Bible and a minor in hom- grappled with after the tragic shoot- is good, and for that which is just. iletics—that’s a degree in theology—I ings of the young people at Columbine Madam Speaker, I yield back the bal- also had a major in biology and a High School and on the Virginia Tech ance of my time. minor in chemistry. And I had decided campus. f not to go to medical school, and I What we must do is be honest. Yes, wanted to go into the ministry; but I there were guns involved. Yes, there MY DAYS IN CONGRESS was 21 years old and I looked 17 and I are issues of school safety. Yes, there The SPEAKER pro tempore. Under wasn’t married, and you don’t have a was a collapse of mental health inter- the Speaker’s announced policy of Jan- big, immediate, bright future in the vention. But I have not heard a signifi- uary 5, 2011, the gentleman from Mary- missionary looking 17 and not being cant discussion of the broader cultural land (Mr. BARTLETT) is recognized for married and so they advised me to oc- context in which this and other trage- 32 minutes as the designee of the ma- cupy myself until I got older and got dies have happened. jority leader. married. All of these tragedies happened Mr. BARTLETT. Thank you, Madam And so I went to graduate school, and against a backdrop of a culture that in- Speaker. I got a master’s and a doctorate and

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7351 committed myself to being a very seri- major surface combatants are going to They might not get a Constitution. ous basic researcher. I taught medical be nuclear. Benjamin Franklin, I believe, was the school for 4 years. I worked at the Na- We also had responsibility for the oldest member of that delegation, tional Institutes of Health. I went to a Marine Corps, as I mentioned, and the probably the most respected Governor lot of professional scientific meetings. IEDs and MRAPs; and I was honored to of Pennsylvania. I have about 50 papers in the basic sci- work with my friend, Gene Taylor, and b 2040 entific literature. we shepherded the MRAPs and its de- And then I had kind of a strange velopment—$47 billion. It saved a lot of And he rose to speak, and this is twist to my career when I went as a lives in the most asymmetric war in what he said: basic researcher to the School of Avia- the history of the world. I’m an old man. I’ve lived a long time. And the longer live the more certain I am that tion Medicine at Pensacola, Florida. I thought I might spend the few mo- God controls in the affairs of men. If a spar- They had some problems that I ments that remain kind of looking row cannot fall to the ground without His thought I could solve. I was a farm boy. back at those times I’ve come to the notice, can a nation rise without His aid? I live on a farm now; I’ve always lived floor. I came here to talk about four And then he went on to say: on a farm. You kind of learn to make different things in Special Orders, and I move that, henceforth, we begin each of do. I thought I could fix some of the I thought I might spend just a few mo- our meetings with prayer. problems they had. That resulted in ments talking about those things. That started a precedent. I know that the awards of 19 military patents as a I probably got more calls in our of- the 10 Commandments are coming result of fixing some of those problems fice about a talk that I have given here down from the walls of the courthouse, that they had. probably four or five times. I called it and I know the nativity scene is dis- That started a career of working 20 ‘‘What Made America Great.’’ What I appearing from the public square. You years for the military. I should men- was trying to do was to go back and still see it here, ‘‘In God We Trust.’’ tion that I returned to my basic first look at our history, to refute two big And we begin each of our meetings here love and that was teaching, and I lies that are out there in our land. One with prayer, and they do the same taught for another 20 years. Also, my of those is that our Founding Fathers thing in the Senate on the other side of wife and I ran a home construction were largely atheist and deist and they this building. business. Congressman BEN CARDIN said wanted to set up a country that was de- We’ve probably got more responses in ROSCOE was green before it was cool to void of religion. our office to that talk, what made be green. I was building solar houses If you look at our history books, of America great, and it’s easy to refute back in the late seventies and early course, that isn’t true. What I did in those two great lies. Our Founding Fa- eighties and selling them for, I remem- that talk was simply go back to our thers were Christians. They wanted to ber, as much as 17 percent interest. Founding Fathers and look at their set up a Christian nation, and that Then I was retired for 5 years, and I statements. I went back to our early First Amendment is very simple, very ran for Congress. I tell you, there’s Congress and looked at what they did, simple. nothing I have done that has given me like buying 20,000 copies of the Bible to You know, they came here, most of the fulfillment and the satisfaction as give out to our early constituents; like our Founding Fathers came here to es- serving the constituents of the 6th sending, paying for missionaries to go cape two tyrannies: the tyranny of the Congressional District of Maryland. to the American Indians for 100 years. church and the tyranny of the crown. If For 20 consecutive elections, 10 pri- Our Congress did that. you think about it, they all came from maries and 10 general elections, they And then I looked at our Supreme countries that had a king or an em- returned me to the Congress. I want to Court. Until they made that big deci- peror, and so there was the tyranny of thank my constituents very much for sion about three-fourths through the the crown. that vote of confidence. That was real- history of our young country, they If you also think about it, there was ly largely due to the fact that I had were devoutly supportive of religion. A a state church. In England, it was the such an incredible staff that did a real- case came to the Supreme Court about Episcopal Church; on the continent, it ly good job of making me look good in using the Bible in schools, and they was the Roman Church. And those churches could and did oppress other spite of all of my limitations and said: Why shouldn’t you use the Bible religions, so they came here and they frailties. in our schools? Where else can you find didn’t want that to happen in their Most of my commitment in the Con- so clear a definition of what is right gress has been in the Armed Services country. and what is wrong? And so they said something very sim- Committee. You can only have one And then I went to our schools and ple and very straightforward, that chairmanship here. And for the last the ‘‘McGuffey Reader.’’ Some of our they’d make no law respecting an es- dozen years or so, those chairmanships schools went back to that because we tablishment of religion. The state can- have been in Armed Services. I shared were graduating kids from college who not establish a religion; otherwise, leadership of one of those subcommit- couldn’t read their own diploma. And leave men free to worship as they tees, the one that has responsibility for so in desperation, they looked at, gee, please. the Navy and the Marine Corps, with what did work when our kids graduated I have no idea how that’s gotten my good friend Gene Taylor from Mis- from school and could read. The warped into this idea that you can’t be sissippi. I was his chair for 4 years and ‘‘McGuffey Reader’’ was one of those. religious, that government has to be then he was my chair when we changed He makes no apology. He quoted more totally separated from religion. leadership here in the Congress for 2 often from the Bible than any other By the way, that clause is in the Con- years. We are term limited on our side source. stitution. The separation of church and of the aisle, so I had to leave that sub- One of our Founding Fathers was state, it’s in the Constitution of the committee. Benjamin Franklin, and some others, USSR. It’s not in our Constitution. But while I was there, Gene and I like Thomas Jefferson, were said to be Well, the second thing I came here to changed the course of our Navy for the deists. Now, what is a deist? A deist is the floor to talk about when the debate future. In the future, all of our major someone who believes there is a God. was raging was the ethical embryonic surface combatants will be nuclear. It They believe He created you, but He stem cell procurement. Remember didn’t make any sense to us that our also set in motion some laws, and don’t when George Bush came to office, there aircraft carriers, which are nuclear and bother praying to Him because your was a lot of research in stem cells, and fueled for 30 years, cannot function destiny is going to be determined by we’d been using adult stem cells, but without their escort ships that are how you relate to those laws. experts in the area—and I’m probably fueled for about 5 to 7 days. And if I’m going to give a quote, not an the only Member of Congress who has there are no tankers out there to refuel exact quote, but pretty close to what had a degree in advanced embryology, them, our aircraft carriers cannot Benjamin Franklin said, and let you and so I knew a little bit about embry- function. That didn’t seem to make decide if you think he was a deist or onic stem cells. And the experts all be- any sense to us, and so we pushed and not. It was in Philadelphia. The Con- lieved that there ought to be more use- finally got it through. Our future Navy stitutional Convention was deadlocked. fulness of embryonic stem cells than

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7352 CONGRESSIONAL RECORD — HOUSE December 19, 2012 adult stem cells simply because they’re be because you would have to overcome The Satan was a big SS–18. It was one totipotent; they will develop into any- a veto, and we would not have two- of the Soviet missiles with 10 nuclear thing and everything the body needed. thirds of the votes to do that. warheads. And the story had one of An adult stem cell that’s already kind Well, a third thing that I came here them missing when they transferred of differentiated, you’re somewhat lim- to the floor to talk about was electro- from the Ukraine to Russia. ited in what you can do with it. magnetic pulse. I had no idea when I Now we know that several other But to get these embryonic stem first learned about this, but I called my things could also bring down the grid. cells, they were destroying the embryo. friend Tom Clancy, because I knew Oh, by the way, as a result of my Now, every year there’s something like that he had written a book where this work on EMP, we now have a perma- 40,000 embryos that are just discarded was a scenario in his book, and he does nent EMP task force in the Pentagon because the owners don’t want them really good research. So I asked him looking at our preparedness militarily. anymore and they won’t pay for keep- about EMP. He said, If you read my We have the EMP Commission, which ing them. They’re frozen in liquid ni- book, you know all that I know about functioned for four terms, that is 8 trogen, and so they’re discarded. it. Let me refer you to the smartest years. They have written classified and And the argument was you can take man hired by the U.S. Government. unclassified reports, and I would rec- one of these discarded embryos, it’s That’s a tall order because we hire a ommend that you get one of their un- going to be discarded anyhow, and you lot of people, but in his view, that was classified reports. can crush it and you can get the stem a Dr. Lowell Wood from Lawrence But now there are several other cells from it. But before you do that, Livermore. And this was pre-cell phone things that could also bring down the you look at it under the microscope, days. Remember the pagers? grid. One of those is cyber. This is a and there you see it, living tissue. Gee, I paged Lowell Wood. He was sup- whole new warfare that we’ve been in, that might be the next Albert Einstein. posed to be in California, Lawrence and we hardly knew about it, but there When you’re talking about them col- Livermore. Went up to the satellite it was raging. An appropriate lectively, 40,000, it’s easy just to say and down, and he was within Wash- cyberattack could bring down our grid. they’re going to be discarded; when ington and he got it, and within an And something that will bring down you’re looking at that one under your hour he was sitting in my office. the grid—this is not an if, this is a microscope, a unique human being if Well, an electromagnetic pulse, we when—and that’s a giant solar storm. you just give it the chance to be im- have only one brief experience with it The only question is when will the next planted and to grow in the womb. in our country, and that was in 1962 in one come. And if we are not prepared But I knew that we could get cells Johnston Island and the Starfish for it—and we are not now—and if we from these early embryos and not hurt Prime, the only time we ever detonated do not prepare for it, it will bring down the embryo. How did I know that? How a weapon above the atmosphere and we the grid. was I so sure of that? Well, you can had no idea what would happen. It pro- And McClelland, the top person in take half the cells from an early em- duced an electromagnetic pulse that that part of FERC, sat in my office and bryo and it goes on to develop a per- caused a lot of disturbances in Hawaii, said that the grid would be down for a fectly good child, infant. How do I which was about 800 miles away. year and a half to 2 years. know that? Because the other half of The Soviets had a lot more experi- b 2050 those cells went on to produce another ence than we. They actually developed, perfectly good twin. designed—we designed but never built That’s a very long time to hold your In every case of twins that you see, them—an enhanced EMP weapon, a sin- breath. And there’s another thing that identical twins that you see, half of the gle, large nuclear—oh, I shouldn’t say could bring down the grid, and that is cells were taken from the embryo, and that because it doesn’t have to be a a terrorist attack. If you knew what the other half went on—the Chairman large bomb because it could be a rel- the important substations were and of the President’s Commission on Eth- atively small bomb that is EMP-en- you know which insulators to take out, ical Embryonic Stem Cells was an hanced. it wouldn’t take more than a dozen or identical twin, and I asked him if he A single appropriate bomb detonated so people with a .22 rifle. felt any less of a person because he was 300 miles high over Nebraska or Iowa Now why, when the grid goes down, only half a person, because he’s only would blanket our whole country, and can’t you bring it back up? That’s be- half the embryonic cell. It’s a perfectly if the EMP radon was robust enough, it cause in all of these instances, there’s silly question, of course. But then he would essentially fry all of our micro- going to be surges of electricity that said, Gee, that is a silly question, isn’t electronics. The grid would be down for blow the major transformers. They it? a year or more, and your car wouldn’t simply won’t melt down. We have a few And I said, But that’s what people run. And there have been a couple of spares, but a very inadequate number are saying; if you are going to take a books written on that subject. One I of spares. We don’t make them in our cell or two from an early embryo, would recommend that’s an easy read country. You just order them. There’s somehow it’s going to be less of a per- and a very well-researched book—and I none available to order, by the way. son when it develops. commend Newt Gingrich, he brought You order one and they will build it for I worked 5 years, nearly 6 years with the author to my office, and he men- you. And it takes a year, year-and-a- the White House, with the Council of tioned this on the campaign trail. half to 2 years to build one. And we Catholic Bishops, with the right-to-life Thank you, Newt. don’t build them in our country. community, and we developed a bill This is Bill Forstchen’s book called So I’m pleased that my efforts— that was passed unanimously in the ‘‘One Second After.’’ which I started here on the floor talk- Senate, and it failed on a technicality I came to my office one day and there ing about EMP—have resulted in a rec- in the House. It came up on suspension. was a big book on my desk and there ognition that this is something we It got way more than half the votes, was a handwritten note in it. It was really need to deal with. but not two-thirds of the vote. from a Dr. Lowrie. He was retired, a There’s a fourth thing that I came to So Bush gave it the effect of law be- Ph.D. electrical engineer in his hos- the floor to talk about, and I will spend cause he supported it by making it an pital room recovering from cardiac sur- the last few minutes of our time here executive order. And the first executive gery, and he was surfing the television together this evening talking about order of this administration, the hand and he happened on C–SPAN and I was that, and that is energy. I have been to had hardly come off the Bible when our giving one of the half dozen talks that the floor, I think, 52 times; and most of new President reversed that executive I’ve given on EMP, and he listened to it those times I came here, I talked for a order. Had it become law— and got turned on and did a lot of re- full hour. I was talking about not just And people ask me what was the search and wrote a book, about 700 energy generically, but a specific type greatest disappointment of my 20 pages. of energy, and that is liquid fuels. Be- years, and that was that my bill passed I didn’t think I could read a novel cause when you’re talking about en- unanimously by the Senate couldn’t that long. It was so captivating. I read ergy, we really do have to separate liq- have become law because it would still it, and it’s called ‘‘The Satan Legacy.’’ uid fuels from the other major carrier

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7353 of energy. It’s not energy. It’s the way The second speech—and I don’t know is projected two huge fields here, that you carry energy. That’s electricity. if these two men even knew each by 2030 they said a fourth of all the liq- We shouldn’t have any deficit of elec- other—was given by Hyman Rickover uids we’re getting, only a fourth of it tricity with more nuclear power plants. just about a year later. It was the 14th will come from the fields we’re now Yes, they are safe. We’ve never lost a day of May, 1957. It was a speech given pumping, that three-fourths of it will person operating them. With more in St. Paul, Minnesota. And you can come from something else. And half of wind machines, with more solar, with pull this one up. It was lost until a few the total is going to be from fields that more micro-hydro, with more true geo- years ago. Just Google for Rickover we’re not getting anything from now. thermal, we need another word for and energy speech and it will come up. That’s a pretty tall order. these heat pumps that are looking not I think you will agree with me that it Then, in 2010 they did this other at the zero cold and trying to heat that was probably the most insightful curve down here, and they have re- up. It’s like trying to make it colder to speech in the last century. versed the two on top here. And dif- heat your house up in the wintertime And in it he noted that oil is finite. ferent colors. But they’re the same or trying to heat up hot air to make He said in the 8,000—I didn’t think it thing. And they’ve included the dark your house cooler in the summertime. was that long; those are his numbers— red here down with the oil fields that If you’re looking at 56 degrees here, in the 8,000-year recorded history of we’re now pumping. And notice this that’s a whole lot more efficient. We man, the age of oil will be but a blip. goes to 2035. Up here, by the way, they call that geothermal. We’ve got to have We’re behaving as if it’s going to be were going to peak at 112 million bar- another word for that, because true forever. He called it this ‘‘Golden Age.’’ rels a day. Now we’re stuck at 84 mil- geothermal is tapping into the molten Please, please Google for Rickover and lion billion barrels for 5 years. They core of the Earth. That, for all prac- energy speech and pull it up. I think have it going up to 112. Two years tical purposes, is infinite and will be you’ll be fascinated by the speech. later, reality is setting in. Now it goes there for a very, very long time. With One of the things he said in it was up to only 96. And they go out 5 years these sources, we can produce all the how long it lasts is important in only further to 2035. Notice the precipitous electricity that we would like to one regard: the longer it lasts, the drop-off in the fields that we’re now produce, but that is not true of liquid more time we’ll have to plan an orderly pumping. fuels. They are finite. transition to other sources of energy. One of the first people to recognize Now, we have some irrational exu- That’s not quite what we’re doing. And that—and he was for several years a berance, as Alan Greenspan would de- pariah and then he became an icon—his I’m not sure that he would agree that fine it, in our country about our ability name was M. King Hubbert. He gave drill, baby, drill is an orderly transi- to get some additional gas and oil out what I think will be recognized as the tion to other sources of energy. of things like the Marcellus shales and I have just two charts of the probably most important speech of the last cen- the fields out in the West by horizontal hundred-or-more charts that I’ve used tury. I believe that speech was the 8th drilling and fracking; and these are day of May in 1956. And he gave that from time to time in talking about this represented in these two curves here. I speech in San Antonio, Texas. He was subject—and the subject is peak oil. think that one can say, in analyzing Let me show you these two charts. an oil geologist. He gave it to a group history, with considerable confidence This is a chart that ends in 2008, and it of oil people. that these two wedges here will not As you look back in your history has the oil production followed by the occur. By the way it’s 600,000. It sounds books, you will find that at that time two major entities in the world that like a lot, doesn’t it? 600,000 barrels. have the most credibility in this—the we were king of oil. We produced more b 2100 oil. We used more oil. We’re still doing EIA, the Energy Information Adminis- that. We’re using more oil than any- tration, and the IEA, the International We use 84 million barrels a day. In 11 body else. And we sold more oil and ex- Energy Association, which is a crea- or 12 days, we—the world—use a billion ported more oil than any other country ture of the OECD in Europe. And these barrels of oil. So if we’re getting 600,000 in the world. And M. King Hubbert told were their two curves. You see they’re from the Bakken oil fields out in the them something that was just auda- leveling out up there. The headline West, that’s almost literally a drop in cious and seemingly ridiculous. He was: ’’Peak Oil: Are We There Yet?’’ the bucket, isn’t it? said, Notwithstanding the fact that we And I want to show you another I’d just like to close, this last chance are so big in oil today, in just 14 years chart. And you can not find these probably that I have to come and chat the United States will reach its max- curves anymore. They were kind of dis- with you here on the floor. It’s been a imum oil production. And no matter quieting, and they’re taken down from huge honor to represent 660,000 people what you do after that, oil production the Web site. These are the curves put in the First District of Maryland, to in the United States will go down. up by the IEA, International Energy come here to the Congress to talk to How can he make that kind of a pre- Association. Here we’re following the maybe a million, a million and a half diction? He made it because when he production of oil. You can go back people listening to us out there. Thank looked at an individual oil field, he saw here—way, way back for hundreds of you, constituents, for this honor. that the exploitation of that field pro- years. Every time we needed more, we Thank you for listening. duced kind of a bell curve. Sometimes could produce more oil. I yield back the balance of my time. a little distorted bell curve, but kind of The different colors here, natural f gas, liquids on top—they have that a bell curve. When you first started CONGRESSIONAL BLACK CAUCUS pumping, it really came out. And then growing. That will grow. Nonconven- you reached a peak and then it was tional oil, that’s from the oil shales. The SPEAKER pro tempore. Under harder and harder to get it out until fi- That’s growing. That will grow. The the Speaker’s announced policy of Jan- nally it tailed off and you’d gotten all dark red there really should be a part uary 5, 2011, the Chair recognizes the you could out of the well. of the blue down here. It’s just en- gentlewoman from the Virgin Islands So he rationalized that if he could hanced oil recovery, squeezing a little (Mrs. CHRISTENSEN) for 30 minutes. add up all the little fields in the United more out of the fields we’re pumping Mrs. CHRISTENSEN. I thank the States, he could get all the little bell from, like putting live steam down Democratic leader and leadership for curves and you get one big bell curve. there and CO2 and so forth to force it giving us the opportunity to come to When he did that, it reached its max- out. This is the fields we’re now pump- the floor as the Congressional Black imum in 1970. And so he made that pre- ing, and they’re admitting that we’re Caucus. Perhaps some other Members diction in 1956. Right on schedule, in reaching peak oil, plateau here, be- may be joining us. 1970, we reached our maximum oil pro- cause they have them tailing off. We wanted to just add our word of duction. And no matter what we’ve Now, this chart was done in 2008, and sympathy and condolences to the fami- done since then, like building more oil the one below it was done in 2010. I’ll lies in Newtown, Connecticut. We will wells in all the rest of the world put to- come to that in just a moment. all grieve for a very, very long time, gether, for instance, today we produce In order to keep the total liquids and rightly so, the loss of the 20 inno- about half the oil we produced in 1956. going up, you notice what they’ve done cent little children and seven adults

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7354 CONGRESSIONAL RECORD — HOUSE December 19, 2012 who lost their lives in an utterly sense- to a movie theater in Aurora, Colorado, own community, where I’ve attended less and horrific act of violence. to a shopping mall in Oregon, to an ele- far too many funerals of families that The people of the Virgin Islands, like mentary school in Newtown, Con- have been devastated by the heinous the rest of our Nation—and indeed the necticut, to the streets of Brooklyn, act of gun violence. world—mourn the loss of the 27 people New York, why have we been so reluc- b 2110 gunned down in Newtown, Connecticut, tant in protecting them? Why have we last week. Our thoughts and prayers left them unprotected, vulnerable to I think about a former colleague of are with their families and the entire gun violence, death, and the terror mine. As a member of the New York town and they will continue to be for a that such actions inflict? City Council, I unfortunately count very long time. Our hearts especially Who will speak for the people whose myself among the victims who wit- go out to them throughout what we lives were cut short, struck down, nessed my own city council colleague know will be an extremely difficult maimed and traumatized for life? When being gunned down before us. And so, Christmas season. will we realize that these incidents are what we need to understand is that The President and many others have not inevitable, that we have the ability while these incidents may seem remote reminded us that we have been here far to prevent gun violence and an obliga- from many families, the implications too many times even in just this year. tion to do everything in our power to of what can happen in our communities As he said at the ecumenical service a make gun violence a thing of the past? extend beyond what we may hear in few evenings ago, it’s time to act. It’s The answer to these questions will de- the news but affect tens of thousands not enough to sympathize with the fine this generation of Members of Con- who may not have been the immediate families who lost loved ones. We have gress. Our answers will determine the or intended target of gun violence but to take action to protect our children future of our civil society. have been a witness, have been family and to protect all our citizens. To that Americans have the right to demand members, community members, that extent, I’ve signed on to the Large Ca- answers from this Congress. We have have a love and a care for the lost one pacity Ammunition Feeding Device the authority to keep the guns away who were taken senselessly and need- Act, sponsored by Congresswomen from the streets of our cities and lessly. Let us muster up the courage to MCCARTHY and DEGETTE, which would towns. In the 11th Congressional Dis- act. I yield back. prohibit the transfer or import of trict which I represent in New York Mrs. CHRISTENSEN. Thank you, large-capacity ammunition feeding de- City, the New York City Police Depart- Congresswoman CLARKE, for joining us. vices manufactured before the date of ment reported 274 victims from 226 in- Again, thank you for your leadership, enactment, as well as four or five other cidents involving gun violence, and and thank you for those words that you bills sponsored by Congresswomen that was in two neighborhoods in the have uttered on behalf of our commu- MALONEY and MCCARTHY, Congressman district that I represent. The majority nities and the community of Newtown PERLMUTTER, and others, to improve of these crimes were registered in just and children and our citizens across background checks, to slow the traf- two communities; 274 victims from 226 this country. ficking of guns, and to keep them out incidents. Now, fortunately, not every- Flags are flying at half-mast across of the hands of individuals who should one perished in these instances, but this country. I know whenever I would not have them; as well as the PROM- one incident of death is one too many. drive at home last weekend, and I ISE Act, which is a prevention bill. The repercussions of the trauma that would see them, our thoughts and our I’m joined this evening by Congress- comes from those who witness these in- hearts went out to the people of New- woman YVETTE CLARKE of Brooklyn, cidents, who dodge the bullets in our town because we knew that that was New York, who has long been an advo- communities, is immeasurable. why they were that way. Like my col- cate for ending the gun violence in our We have the authority to focus our league, I recall going to funerals with communities and providing the kinds efforts on penalties for gun trafficking my children, something that I never of assistance, both in intervention and and unlawful sales of firearms. We have had to do, funerals of their friends. prevention, that we need in so many the authority to prevent the retail sale In his column just a few days ago, communities around this country. She of assault weapons and high-capacity Nicholas Kristof quoted David has been a leader on so many issues, magazines or clips that are designed Hemenway, a public health specialist and I’d like to yield her such time as for military combat use. We have the at Harvard, who reported that children she might consume. ability to register handguns and micro 5 to 14 in America are 13 times more Ms. CLARKE of New York. I thank stamp munitions to trace ownership likely to be murdered with guns as my colleague for yielding. and origin. We have the authority; we children in other industrialized coun- Madam Speaker, I’ve joined my col- only need to have the courage to act. tries. And that ought to be a call of ac- league, Dr. DONNA CHRISTENSEN, Rep- The Newtown tragedy has high- tion to all of us. resentative of the Virgin Islands, here lighted a vexing issue that we as Amer- He wrote, and I agree: tonight in remembrance of the 20 first- icans must address. It is imperative Let’s treat firearms rationally as the cen- grade children and six educators who that we set aside our differences in the ter of a public health crisis, a public health were mercilessly gunned down last Fri- 113th Congress to pass legislation that crisis that claims one life every 20 minutes. day at the Sandy Hook Elementary will increase accountability among gun If only for the sake of our children, School, innocent victims of senseless vendors and owners, support local law we have to act and really need to begin gun violence. enforcement to stem the tide of gun with renewing the ban on assault weap- To the families, educators, and the trafficking across our Nation, reduce ons. community of Newtown, Connecticut, the number of illegal guns on our The homicide rate in the United on behalf of the people of the 11th Con- streets, and remove access to high-pow- States is 6.9 points higher than rates in gressional District of Brooklyn, New ered militarized weapons and ammuni- 22 other populous, high-income coun- York, I wish to express my most pro- tion which have no place in our com- tries combined. This gives me great found and deepest condolences. munities. pause when I think that the homicide I believe, like so many across this Madam Speaker, this is not a Repub- rate in our neighboring Puerto Rico is Nation, that the families of these vic- lican problem, it is not a Democrat more than four times higher than that tims, the families of children in every problem. This is an American problem, of the U.S., and the Virgin Islands’ rate community in the United States, have and this is a problem we must have the is even higher than that compared to some very important questions for courage to address. the United States overall. The last re- Members of Congress. I also believe I want to thank my colleague for ported in Puerto Rico was 36.2 per that as their representatives we have yielding. As I drove up to the Capitol 100,000, and the Virgin Islands is closer an obligation to provide them with an- for this Special Order this evening, I to 60. We, Puerto Rico, and the Virgin swers. reflected on the flags waving at half- Islands have pleaded for more Federal Question: Why? Why have we allowed mast over the Capitol, an indication of help. And we can begin by passing the our communities around this Nation, the deep grief and sorrow that our Na- assault ban next year and the other re- from a supermarket in Tucson, Arizona tion faces at this time. I think to my lated bills.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7355 The United States has the highest firms Americans are living with great- With that, Madam Speaker, I would rate of gun ownership in the world, an er risk of gun-related death than are love to yield to our Congressman from average of 88 per 100 people. I under- residents of other developed countries. Louisiana. I’m sure that he will add a stand that the next highest is Yemen, From 2007 to 2009, the U.S. averaged lot to this discussion. somewhere around 56 per 100 people. 10,987 homicides per year by firearm I talked about the fact that African- But the rate of gun ownership doesn’t compared with an average of 182 in American and Latino males have high always directly relate to the number of Germany, 75 in Spain and 47 in the rates of death due to gun violence, and homicides. Honduras, with the most United Kingdom. Mexico, though, aver- one report that goes back to 2004 rates homicides by firearm at 68.43 per aged about 5,980 annual homicides, still Louisiana as number two. 100,000 has only 6.2 firearms per 100 peo- half of ours, by firearm during that So I’ll yield such time as he may con- ple compared to our 88, while Finland, same period. Colombia was higher. sume to the gentleman from Louisiana, which has a relatively high one, 45.3 Roseanna Ander, executive director CEDRIC RICHMOND. guns per 100 people, only reports about of the University of Chicago Crime Mr. RICHMOND. I thank the gentle- 19 per 100,000 homicides by firearms. Lab, has said that the U.S. is an outlier lady from the Virgin Islands for yield- So while we must do what is required in lethal violence among developed ing and commend her on her passion as to reduce guns in our community, as- countries. Other countries have similar a physician and someone who has sault weapons in particular in this rates of rape and battery, Ander said, taken an oath to preserve life and to country, there’s much more work that but because so much American vio- make sure that people can live out has to be done. lence includes guns, the rate of death is their years in a meaningful way and As Attorney General Holder said ear- so much higher. die of natural causes. lier this week, and I’m quoting him The steady gun violence leaves espe- I will just say that I’m from Lou- here: cially young blacks and Latino men isiana, which our motto is we are the As a nation, I think we have to ask our- particularly vulnerable and more like- sportsman’s paradise. We like to fish selves some hard questions. We need to dis- ly to die in a shooting, Federal data and we like to hunt. We like to have a cuss who we are as a nation, talk about the shows. In each year from 2006 to 2010, fishing pole and we like to have a gun. freedoms that we have, the rights that we homicide was the leading cause of The difference is that the guns we use have, and how those might be used in a re- death for African American males ages and the guns that sportsmen use are ri- sponsible way. 15 to 24, more than the next nine causes fles, and you don’t need high-capacity I recently wrote to my fellow Virgin of death combined, according to data magazines in order to hunt deer, to Islanders, as we looked at ours being from the Centers for Disease Control hunt dove, to hunt ducks, to hunt rab- one of the highest homicide rates in and Prevention. bit. You just don’t do that. the Nation, I also think we need to go Persistent gun violence is part of a I rise tonight in support of my col- further in examining what we have complex cycle born of poverty and resi- leagues because, especially in our been doing or what we have not been dential segregation, as is poor health urban cities, we are losing far too doing in our territory and across our and substandard education, which all many of our children, our fathers, our Nation that has created an atmosphere are related to the poverty and the per- mothers, our sisters, and our brothers where gun violence is escalating to a sistent gun violence, challenges that to gun violence. And every once in a frightening and totally unacceptable the Nation has yet to truly face and while, we’ll have an event that will level, and where in many districts, gun address. shake the confidence of our country violence has turned, in my district, has That’s what Sampson said, and I and make us take a step back and ra- turned against law enforcement. Six of- agree. And he also said: tionally look at our gun laws in this ficers have been injured by gunfire this Guns are readily available. Gun violence country and say, Wait, we’ve done far year in the Virgin Islands, and one, thrives, in part, because exposure to violence too much. We’ve expanded the Second Colvin Georges, died as a result of his makes children more likely to engage in vio- Amendment too far. The Founders of injuries. And communities across this lence themselves. It makes them have dif- the Constitution, when the Second country are experiencing the same ficulty learning and, therefore, climbing the Amendment was crafted, had no idea thing. economic ladder. that we would have AK–47s with clips I know that many feel that guns are So we can make a big difference. But that can hold 50 rounds. needed for their and their families’ pro- to make that difference, we have to I can just tell you about an incident tection. But reports show that keeping have the political will. We have to be in La Place, Louisiana, about 6 months a firearm in the home increases the able to stand up to the NRA, which has ago where a gentleman was denied ben- risk of homicide by a factor of three. gone silent in the face of this tragedy, efits at an office and decided he was And on the whole, guns are more likely and other organizations that have going to his car and he was going to go to raise the risk of injury than confer blocked us from doing what we know in back inside. One of those Good Samari- protection. our hearts is the right thing to do. tans, an older lady, called the police The killings in Newtown, Aurora, and It is our responsibility, as Congress- and said there was a man armoring up other places are horrific mass killings woman CLARKE said, to do what we in his car. State police and our sheriffs by disturbed people, and we need to must to protect our children and to responded to it and found the man in find a way to prevent them from get- protect our other citizens. President his car. When they found him, he had ting access to any kind of firearm. But Obama has set up a task force which more ammunition in his trunk than gun violence is happening every week will be headed by Vice President JOE State police and our sheriffs put to- in neighborhoods across our country, BIDEN. He is calling on us to ban mili- gether. He had an AK–47, another rifle, and these, too, demand our attention, tary-style assault weapons, to ensure and so much ammunition. including gang-related gun violence. that background checks are there for But the scary part to that story, and Gang violence is a growing epidemic all gun purchases, and to make access why this Good Samaritan was so key, across this country. Congress has to to mental health services at least as is when they arrested him, they went work toward passing and funding legis- easy as it is to access guns. to his apartment and he had a suicide lation like the Youth Promise Act, note there in his trailer. He had every which helps communities facing the b 2120 intention of making sure that he could greatest youth gang and crime chal- I would hope that we would not see go in there and kill as many people as lenges to develop a comprehensive re- the partisanship or the brinksmanship he could, even if it meant him dying. sponse to youth violence through a co- that we’re seeing right now on this fis- When the thugs and the criminals have ordinated prevention and intervention cal cliff issue, and that we’ll all work more guns and more ammunition than response. with our Vice President and our Presi- our first responders, then we have a To go back to where we are in the dent to truly memorialize the children problem. United States compared to other coun- that are being laid to rest this week In urban cities, when our kids have tries, data compiled by the United Na- and not have them be martyrs to our better access to guns than textbooks, tions’ Office on Drugs and Crime con- inaction. then we’re a country that went wrong.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7356 CONGRESSIONAL RECORD — HOUSE December 19, 2012 We’re not talking about every Ameri- to add our voices to those across our Our prayers, sir, were heard, and they were can’s basic right to bear arms, because Nation who are mourning the loss of graciously answered. If a sparrow cannot fall that is sacred, it’s in our Constitution, those who were killed last week in to the ground without His notice, is it pos- sible an empire could rise without His aid? and I believe in it. But when we start Newtown. We have been assured, sir, in the sacred talking about assault weapons with The gentleman said more access to writings that, unless the Lord build the high-capacity magazines, we’re talking guns than schoolbooks. It’s really true. house, they labor in vain that build it. about weapons of mass destruction. There’s more access to guns in most Then he went on. He said: If you look at Newtown, if you look communities than schoolbooks and I also firmly believe, without His concur- at Aurora and you look around our computers for many children; more ac- ring aid, we shall succeed in our political country at the incidents that have hap- cess to guns than to decent housing; building no better than the builders of Babel: pened, these are not incidents where more access to guns than a decent job; We shall be confounded by our local partial one or two people lose their life. If we more access to guns than quality interests, and we, ourselves, shall become a tally the number of people in the health care, especially mental health byword down through the ages. United States that die because of gun care. Then he went on to make a motion violence, if another country entered So, colleagues on both sides of the that just as they had during the Revo- our soil and did that to us, we would aisle, we need to act, and we need to lution with the Continental Congress declare war and we would go out and act in the name of those beautiful first that this Constitutional Convention find those people responsible. But here graders and all of those across this Congress should begin every day with in the United States, we have taken country who have been lost to gun vio- prayer. the Second Amendment to protect lence over the years. I hope that we So he made the motion and there was things that are just indefensible. will take that kind of action. great discussion; but unlike the Revo- I will join with my colleagues, and I With that, Madam Speaker, I yield lutionary days, they didn’t have will say, when I was in the Louisiana back the balance of my time. money. This was a Constitutional Con- State Legislature, I authored, every f vention that had just convened. These year I was there, an assault weapons people came together to write a Con- WISDOM THROUGH PRAYER ban, a bill to close the gun show loop- stitution. They didn’t have money as a holes, to have a gun registry. I’m not The SPEAKER pro tempore. Under body. They had no chaplain. They suggesting here today that we do ev- the Speaker’s announced policy of Jan- couldn’t afford to hire a chaplain, and erything I did in the State legislature, uary 5, 2011, the Chair recognizes the they figured only with an independent because some things went very far, but gentleman from Texas (Mr. GOHMERT) chaplain that they could agree on what I am challenging America to do is for 30 minutes. could they have somebody come in and to challenge the NRA, the liberals, the Mr. GOHMERT. Madam Speaker, lead each day with prayer as they had gun control lobby, whatever you want first I think it’s important to let the during the Revolution. So that was put to call them. We should all come to- people of Connecticut who have suf- off until such time as they could hire a gether in the name of the citizens of fered so and lost loved ones know that chaplain, which happened as soon as we the United States that we’ve lost and they will continue to be in our became a Nation and the Constitution have an adult conversation about can thoughts and prayers. It is such a dif- was ratified. we do better, because we can. ficult time, and they need our support. But Randolph from Virginia followed We don’t need clips that allow people It is a difficult time. I think so often up Ben Franklin’s motion. He said, to take out a whole neighborhood. We when we look for wisdom in different Okay. Basically, they’re saying we don’t need guns that you can shoot places, I believe what Proverbs said, don’t have money to hire a chaplain, through police vests and through the Solomon should have known: but one thing we can do: Here we are at police car door and through their The fear of the Lord is the beginning of the end of June 1787. We’re about to shield and hit their body sold in our wisdom. celebrate our country’s birthday again, sporting good stores in this country. In the early days of our country, peo- our anniversary; so why don’t we just At some point, we have to come to- ple sought wisdom through prayer. The agree to all go to church together—lis- gether. We can’t just come together Constitutional Convention, when they ten to the same pastor, hear the same and pray and mourn. People are tired could not reach an agreement after sermon, worship God all together as a of mourning, and people are not fed up, nearly 5 weeks, 80-year-old Ben Frank- Constitutional Convention? They all but people have given up on prayer. lin stood up and the contentiousness went to the Reformed-Calvinistic When you see incidents when you have stopped. Church, and the pastor apparently did to bury your children—when you drop a an excellent job because, when they b 2130 child off at school you expect to go came back, there was a new spirit. there that afternoon and pick them up Someone wrote that George Wash- They had their disagreements, but and talk about what they learned ington looked like he had a very much there was a spirit of cooperation. today and do they need help with their relieved look on his face. 80-year-old I heard some of the comments of my homework, you never imagine that Ben Franklin was overweight, suffering friends earlier across the aisle, and I you’re going to go there and find your not only from gout but from arthritis, know their hearts. I know DONNA child deceased with multiple gunshot had a cane, had to have help getting up CHRISTENSEN has been extremely gra- wounds because of assault rifles with and down sometimes; but his mind was cious to me, personally. Good people. high-capacity clips. still brilliant. That’s when he pointed Good people with the best of inten- We are the United States of America, out why we have not once thought of tions. I think the world of JOE LIEBER- always in search of a more perfect humbly applying to the Father of MAN. I was visiting with him on Sunday Union. We can do better, we have to do lights to illuminate our understanding. morning of his ideas to have a commis- better. We have his whole recorded speech be- sion come together and not just jump I will close with my own little para- cause he recorded it. He wrote it in his quickly to some politically correct so- phrase from a song, and it’s to the own handwriting. Madison was taking lution. Let’s do the right thing by Members of Congress. We had an inci- notes, but we have Ben Franklin’s America, not a knee-jerk, which like dent that shed light on this earlier in speech, and it has provided such solace the assault weapon ban did nothing. In our term in which our colleague was a to me. fact, Columbine occurred during the victim of gun violence. He pointed out to his friends that middle of the so-called ‘‘assault weap- We should be careful of what we do, there were times when every one of on ban.’’ Every gun is an assault weap- because the life we save may be our them could remember back during the on. own. Revolution when they asked God for The machetes in Rwanda—the worst Mrs. CHRISTENSEN. Thank you, specific things and God answered their genocide that we know of in human Congressman RICHMOND. prayers. That was all part of the Con- history. 800,000 or so with machetes? Of The three of us have been here on be- stitutional Convention, and he said course, we know during World War II half of the Congressional Black Caucus these words: that the genocide wasn’t just 800,000,

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7357 that it was millions—6 million Jews. counsel and read scripture. In doing tional value do you place on placing regular They were killed by all kinds of means. that, I find as an old history major—I order at the center of House procedures and So we need to be smart about the way went to Texas A&M. I knew I was going House reforms? we deal with this issue of mass murders into the Army for 4 years. I loved his- Minority Leader BOEHNER: and violence in our society, and every- tory, so why not major in history? You Yes, I do, absolutely. The House is the thing should be on the table. learn so much from history. I thought body closest to the people. That’s by design. As we continue to remember the I remembered these words, and I was We’re the crucible, the testing ground for loved ones of those who were victims of able to find them. So, Madam Speaker, new ideas and new policies, and the institu- tions of the House that have grown up over the tragedy at Newtown, Connecticut, I want to finish the evening tonight things go on here in this town. This 200 years of trial and error are the best way with these words. These are brilliant to test those ideas and policies. We don’t body tomorrow, we’ve been alerted, words. need five Members sitting behind a closed will vote on what’s being called ‘‘Plan door writing a bill like they did with the B.’’ Plan A was to try to reach an b 2140 stimulus or ObamaCare. It’s nuts. agreement with the President. From These are words of wisdom from a National Journal: my experience as an attorney, I’ve ne- man named JOHN BOEHNER. This is an If you are Speaker, will you ever bring a gotiated small deals, multimillion-dol- article. It’s basically a transcript that bill to the floor that hasn’t been true to the lar deals. I was a district judge, a chief was done by Major Garrett, October 25, 3-day rule? justice, a certified mediator. I don’t 2010. This was 8 days before the 2010 Minority Leader BOEHNER: know if there is anybody else in the election, which turned out to be the No. congressional body who has been largest conservative-wave election in National Journal: through the training and process of be- American history. So I will just read That’s it? Just no? coming an international arbitrator. I basically the transcript. It’s an article, Minority Leader BOEHNER: have a lot of experience in negotiating but it’s really a transcript. It says that Right. I can see a scenario like right after from all sides when you see Speaker Representative JOHN BOEHNER is inter- 9/11 when we would have to act immediately BOEHNER go beyond what anybody I’m viewed in his Capitol Hill office March aware of and our conference really in a true national emergency, I guess, 10, 2010, but the article is dated October maybe, but this is a serious commitment. I wanted him to do initially. 25, 2010. know it’s going to be a pain in the neck, but He said, Okay. We will come up with The National Journal representative we’re going to do it. $800 billion of revenue, Mr. President, said: because that’s where you had gotten up National Journal: to. $800 billion is what you were de- About 3 weeks before the 1994 elections, I Enough about procedure. How worried are asked you if House Republicans were ready you about facing a government shutdown manding before, so we’ll cut to the to win the majority and ready to govern the fight with President Obama over cutting chase. We’ll just quit negotiating, and House. You said then that sometimes the spending as much as the Pledge to America we’ll give you what you want—$800 bil- wave takes you into power whether you’re promises? lion in new revenue. ready or not. It did then. It may now. What Minority Leader BOEHNER: The President responded by saying, is similar to you about the 1994 cycle? And Look, Major, our goal is to cut the size of No, no, no, no. Now I’m at $1.6 trillion. more important, are you ready to lead now and will you lead differently if you win? government, not to shut it down. If we take Now that you’re at $800 billion, I’m at the majority, the President is going to have $1.6 trillion of new revenue wanting. Minority Leader BOEHNER said: to realize that he can’t keep ignoring the What most people who really look at Well, all kinds of things have changed, and American people. They’re out there looking our problem in this town realize is that there are a lot of differences. But maybe the at what the President and PELOSI and HARRY it really isn’t a tax problem, that it’s a biggest thing that’s different now is near 10 REID are doing, and they’re shouting ‘‘stop’’ spending problem. When we went from percent unemployment. I mean, we’re going at the top of their lungs. We’re going to lis- the Speaker Pelosi-Harry Reid budget to have to start making tough choices on ten to them, and the President better, too. of 2008 that ended on September 30 of spending to give our economy a chance to National Journal: start moving and creating jobs again. As for 2008, I heard no one that year complain Deputy Whip ERIC CANTOR has virtually that the Federal Government is not me personally, you know I had a front row ruled out a government shutdown. Do you seat to what worked and what didn’t in 1994. spending enough money. We were rule it out as a negotiating tactic or as a And I like to think that I learned a thing or possible outcome of a budget disagreement? spending more money than we had two. then. Yet in January of ’09, after Presi- Minority Leader BOEHNER: National Journal: dent Obama comes in and the Speaker I’ve said the same thing as ERIC. Our goal If you become Speaker, you will be the is PELOSI and the majority leader in is to make government smaller, not to shut first since Tom Foley to have previously the Senate is HARRY REID, we began it down. JEB HENSARLING has a bill that chaired a committee. (Foley chaired the Ag- would prevent a government shutdown in the spending about $1.6 trillion more than riculture Committee.) How will your past as we had coming in. We had 2.3 or so tril- event of a budget standoff. We’re going to chairman and legislator with many bills—No stay focused on doing what the American lion dollars coming in in Federal rev- Child Left Behind chief among them—influ- people want, and what they want is less enue, and we were spending about $1.6 ence your approach to allowing committees spending. to set the agenda and give signals instead of trillion more than that? National Journal: That’s one of the reasons 2 weeks ago receive them from leadership? I couldn’t believe that we were voting Do you anticipate a resolution of the Bush Minority Leader BOEHNER said: tax cut issue or a lengthy congressional to eliminate the use of the word ‘‘luna- We need to stop writing bills in the Speak- issue in the lame duck session? Or are you tic,’’ because it seems to me only a lu- er’s office and let Members of Congress be girding your Members to deal with both natic body would come up with the legislators again. Too often in the House issues as soon as the 111th Congress con- idea of, gee, we’re in financial trouble; right now we don’t have legislators, we just venes? have voters. Under Speaker PELOSI, 430 out let’s spend more than $1 trillion more Minority Leader BOEHNER: of 435 Members are just here to vote and than we have coming in. That’s finan- Hell, I don’t think we need to wait until cially irresponsible. raise money. That’s it. That’s not right. We were each elected to uphold the Constitution after the election. Let’s come back right now As my friend RANDY NEUGEBAUER and represent 600,000-odd people in our dis- and stop this tax hike and cut spending. pointed out again this week: A vote tricts. We need to open this place up, let That’s what we put in the pledge that we over taxes that doesn’t deal with the some air in. We have nothing to fear from want to do right now. massive spending is a vote to defer letting the House work its will. Nothing to National Journal: taxes in order to let our children and fear from the battle of ideas. That starts A reauthorization of the highway bill is grandchildren and future generations with committees. The result will be more due in the next Congress. Will you, as the pay the tax because we don’t have the scrutiny and better legislation. GOP leadership, support any increase in the moral consistency to take care of our The National Journal: Federal gasoline tax to finance additional road, bridge or highway construction? own debts. We’re going to lay it on fu- Related to this it has often been said by ture generations. those closest to you that you respect and ad- Minority Leader BOEHNER: So, in seeking wisdom, it’s part of mire and believe in regular order. What does I’ve never supported a tax increase of any my belief that you pray; you seek wise that mean to you and how much institu- kind.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7358 CONGRESSIONAL RECORD — HOUSE December 19, 2012 National Journal: RECESS which was thereupon signed by the Will you extend into the 111th Congress the The SPEAKER pro tempore. Pursu- Speaker: current House GOP moratorium on ear- ant to clause 12(a) of rule I, the Chair H.R. 3783. An act to provide for a com- marks? Related to that, if you win the ma- prehensive strategy to counter Iran’s grow- jority, will you seek any change to the Ap- declares the House in recess subject to the call of the Chair. ing hostile presence and activity in the propriations Committee’s professional staff Western Hemisphere, and for other purposes. or other reforms to signal that, in your Accordingly (at 9 o’clock and 52 min- f words, ‘‘business as usual’’ is over when it utes p.m.), the House stood in recess. comes to discretionary spending? f SENATE ENROLLED BILL SIGNED Minority Leader BOEHNER: The Speaker announced his signature b 2220 Look, I’ve always had a no earmarks pol- to an enrolled bill of the Senate of the icy. I helped get the conference into a place AFTER RECESS following title: where we have a current moratorium. And I S. 285. An act for the relief of Sopuruchi think it’s perfectly clear that going back to The recess having expired, the House Chukwueke. business as usual is not an option. That’s the was called to order by the Speaker pro case with earmarking specifically, and with tempore (Mr. BISHOP of Utah) at 10 f spending in general. Change is never easy, o’clock and 20 minutes p.m. BILLS PRESENTED TO THE but change is necessary. It’s what the Amer- ican people are demanding of us. f PRESIDENT National Journal: REPORT ON RESOLUTION PRO- Karen L. Haas, Clerk of the House, You’ve said you are open to having spend- VIDING FOR CONSIDERATION OF reported that on December 19, 2012, she ing-cut legislation come to the House floor CONFERENCE REPORT ON H.R. presented to the President of the each week or, at a minimum, regularly. How 4310, NATIONAL DEFENSE AU- United States, for his approval, the fol- do you intend for this to work? THORIZATION ACT FOR FISCAL lowing bills: Minority Leader BOEHNER: YEAR 2013 H.R. 6116. To amend the Revised Organic Act of the Virgin Islands to provide for di- Well, I think a model for that particular Mr. SESSIONS, from the Committee proposal may be the YouCut project that rect review by the United States Supreme on Rules, submitted a privileged report ERIC and the other members of our economic Court of decisions of the Virgin Islands Su- recovery solutions group have been doing all (Rept. No. 112–707) on the resolution (H. preme Court, and for other purposes. year. They’ve got a ton of specific cuts, cho- Res. 840) providing for consideration of H.R. 6223. To amend section 1059(e) of the sen by the American people in an online poll. the conference report to accompany National Defense Authorization Act for Fis- I also said in my speech in September at AEI the bill (H.R. 4310) to authorize appro- cal Year 2006 to clarify that a period of em- that I think we need to look at breaking up priations for fiscal year 2013 for mili- ployment abroad by the Chief of Mission or all these massive spending bills—break them tary activities of the Department of United States Armed Forces as a translator, interpreter, or in a security-related position into smaller bills that are more conducive to Defense, for military construction, and scrutiny and debate. We said in the pledge in an executive or managerial capacity is to that we need to set up a process that makes for defense activities of the Depart- be counted as a period of residence and phys- it easier to cut spending. In my mind that ment of Energy, to prescribe military ical presence in the United States for pur- means, among other things, if a Member has personnel strengths for such fiscal poses of qualifying for naturalization, and an amendment that would cut spending, it year, and for other purposes, which was for other purposes. should get a vote. Period. referred to the House Calendar and or- f b 2150 dered to be printed. ADJOURNMENT Skipping down. f Mr. SESSIONS. Mr. Speaker, I move National Journal: REPORT ON RESOLUTION PRO- that the House do now adjourn. How much longer do you envision staying VIDING FOR CONSIDERATION OF The motion was agreed to; accord- in Congress? And, related to that, did you SENATE AMENDMENT TO H.J. ingly (at 10 o’clock and 21 minutes learn anything valuable from the speaker- RES. 66, APPROVING RENEWAL p.m.), under its previous order and pur- ship of NANCY PELOSI? OF IMPORT RESTRICTIONS suant to House Resolution 839, the Minority Leader BOEHNER: AGAINST BURMA, AND PRO- House adjourned until tomorrow, Hell, I’ve already stayed here a lot longer VIDING FOR CONSIDERATION OF Thursday, December 20, 2012, at noon, than I ever thought I would. We’ll see. I H.R. 6684, SPENDING REDUCTION as a further mark of respect to the think the current majority has reinforced what I already knew. You can’t run this ACT OF 2012 memory of the late Honorable Daniel place, at least not well, by shutting out the Mr. SESSIONS, from the Committee K. Inouye. American people, shutting out the other on Rules, submitted a privileged report f party, and even shutting out your own mem- (Rept. No. 112–708) on the resolution (H. EXECUTIVE COMMUNICATIONS, bers. You can twist arms and crack heads Res. 841) providing for consideration of and cut deals for a while, but it just won’t ETC. the Senate amendment to the joint res- work in the long term. Under clause 2 of rule XIV, executive olution (H.J. Res. 66) approving the re- Madam Speaker, with that, I yield communications were taken from the newal of import restrictions contained back the balance of my time. Speaker’s table and referred as follows: in the Burmese Freedom and Democ- f racy Act of 2003, and providing for con- 8836. A letter from the Chief of Staff, Media sideration of the bill (H.R. 6684) to pro- Bureau, Federal Communications Commis- APPOINTMENT AS MEMBER TO sion, transmitting the Commission’s final UNITED STATES-CHINA ECO- vide for spending reduction, which was rule — Creation of a Low Power Radio Serv- NOMIC AND SECURITY REVIEW referred to the House Calendar and or- ice; Amendment of Service and Eligibility COMMISSION dered to be printed. Rules for FM Broadcast Translator Stations The SPEAKER pro tempore. The f [MB Docket No.: 99-25; MB Docket No. 07-172. RM 11338] received December 11, 2012, pursu- Chair announces the Speaker’s ap- LEAVE OF ABSENCE ant to 5 U.S.C. 801(a)(1)(A); to the Committee pointment, pursuant to section on Energy and Commerce. 1238(b)(3) of the Floyd D. Spence Na- By unanimous consent, leave of ab- 8837. A letter from the Assistant Secretary, tional Defense Authorization Act for sence was granted to: Legislative Affairs, Department of State, Fiscal Year 2001 (22 U.S.C. 7002), as Mr. MICA (at the request of Mr. CAN- transmitting Transmittal No. DDTC 12-160, amended, and the order of the House of TOR) for today after 5 p.m. on account pursuant to the reporting requirements of January 5, 2011, of the following indi- of attending a funeral. Section 36(c) of the Arms Export Control vidual on the part of the House to the Act; to the Committee on Foreign Affairs. f 8838. A letter from the Assistant Secretary, United States-China Economic and Se- ENROLLED BILL SIGNED Legislative Affairs, Department of State, curity Review Commission for a term transmitting Transmittal No. DDTC 12-147, to expire December 31, 2014: Karen L. Haas, Clerk of the House, pursuant to the reporting requirements of Mr. Larry Wortzel, Williamsburg, reported and found truly enrolled a bill Section 36(c) of the Arms Export Control Virginia. of the House of the following title, Act; to the Committee on Foreign Affairs.

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — HOUSE H7359 8839. A letter from the Assistant Secretary, ting the Department’s final rule — Special fiscal year, and for other purposes (Rept. 112– Legislative Affairs, Department of State, Local Regulations; Palm Beach World Cham- 707). Referred to the House Calendar. transmitting Transmittal No. DDTC 12-151, pionship, Atlantic Ocean; Jupiter, FL [Dock- Mr. DREIER: Committee on Rules. House pursuant to the reporting requirements of et No.: USCG-2012-0721] (RIN: 1625-AA08) re- Resolution 841. Resolution providing for con- Section 36(c) of the Arms Export Control ceived December 11, 2012, pursuant to 5 sideration of the Senate amendment to the Act; to the Committee on Foreign Affairs. U.S.C. 801(a)(1)(A); to the Committee on joint resolution (H.J. Res. 66) approving the 8840. A letter from the Assistant Secretary, Transportation and Infrastructure. renewal of import restrictions contained in Legislative Affairs, Department of State, 8850. A letter from the Attorney Advisor, the Burmese Freedom and Democracy Act of transmitting a proposed removal from the Department of Homeland Security, transmit- 2003, and providing for consideration of the United States Munitions List of two gyro- ting the Department’s final rule — Safety bill (H.R. 6684) to provide for spending reduc- scopes and one accelerometer, pursuant to Zones; Bridge Demolition Project; Indiana tion (Rept. 112–708). Referred to the House Section 38(f)(1) of the Arms Export Control Harbor Canal, East Chicago, Indiana [Docket Calendar. Act; to the Committee on Foreign Affairs. No.: USCG-2012-0904] (RIN: 1625-AA00) re- f 8841. A letter from the Attorney-Advisor, ceived December 11, 2012, pursuant to 5 Department of Homeland Security, transmit- U.S.C. 801(a)(1)(A); to the Committee on PUBLIC BILLS AND RESOLUTIONS ting the Department’s final rule — Special Transportation and Infrastructure. Local Regulations; Red Bull Flugtag Miami, 8851. A letter from the Attorney Advisor, Under clause 2 of rule XII, public Biscayne Bay; Miami, FL [Docket No.: Department of Homeland Security, transmit- bills and resolutions of the following USCG-2012-0728] (RIN: 1625-AA08) received ting the Department’s final rule — Security titles were introduced and severally re- December 11, 2012, pursuant to 5 U.S.C. Zone; James River, Kingsmill Resort, Wil- ferred, as follows: 801(a)(1)(A); to the Committee on Transpor- liamsburg, VA [Docket No.: USCG-2012-0931] tation and Infrastructure. By Mr. PASCRELL (for himself, Mr. (RIN: 1625-AA00) received December 11, 2012, 8842. A letter from the Attorney-Advisor, RANGEL, Mr. SMITH of New Jersey, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Homeland Security, transmit- Mr. PALLONE, Ms. DELAURO, Mr. ting the Department’s final rule — Special mittee on Transportation and Infrastruc- LOBIONDO, Mr. FRELINGHUYSEN, Mr. Local Regulation Clearwater Super Boat Na- ture. CROWLEY, Mr. LARSON of Connecticut, tional Championship Race, Gulf of Mexico; 8852. A letter from the Attorney Advisor, Mr. GARRETT, Mr. LANCE, Mr. GRIMM, Clearwater, FL [Docket No.: USCG-2012-0452] Department of Homeland Security, transmit- Mr. RUNYAN, Mr. TURNER of New (RIN: 1625-AA08) received December 11, 2012, ting the Department’s final rule — Draw- York, Mrs. LOWEY, Mr. ISRAEL, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- bridge Operation Regulation; Schuylkill REED, Mr. ENGEL, Mr. TOWNS, Mr. mittee on Transportation and Infrastruc- River, Philadelphia, PA [Docket No.: USCG- SIRES, Mr. HIGGINS, Mr. ANDREWS, ture. 2012-0625] (RIN: 1625-AA09) received December Mr. COURTNEY, Mr. LANGEVIN, Mr. 8843. A letter from the Attorney-Advisor, 11, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to ACKERMAN, Mr. PAYNE, and Mr. Department of Homeland Security, transmit- the Committee on Transportation and Infra- HOLT): ting the Department’s final rule — Safety structure. H.R. 6683. A bill to amend the Internal Rev- Zone, Atlantic Intracoastal Waterway; Em- 8853. A letter from the Attorney Advisor, enue Code of 1986 to provide tax relief for erald Isle, NC [Docket No.: USCG-2012-0812] Department of Homeland Security, transmit- damages relating to Hurricane Sandy, and (RIN: 1625-AA00) received December 11, 2012, ting the Department’s final rule — Security for other purposes; to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Zones; USCGC WILLIAM FLORES Commis- Ways and Means. mittee on Transportation and Infrastruc- sioning Ceremony, Ybor Channel; Tampa, FL By Mr. CANTOR: ture. [Docket No.: USCG-2012-0885] (RIN: 1625- H.R. 6684. A bill to provide for spending re- 8844. A letter from the Attorney-Advisor, AA87) received December 11, 2012, pursuant duction; to the Committee on the Budget, Department of Homeland Security, transmit- to 5 U.S.C. 801(a)(1)(A); to the Committee on and in addition to the Committees on Ways ting the Department’s final rule — Safety Transportation and Infrastructure. and Means, Agriculture, Energy and Com- Zone; Bridge Demolition Project; Indiana 8854. A letter from the Attorney Advisor, merce, Financial Services, the Judiciary, Harbor Canal, East Chicago, Indiana [Docket Department of Homeland Security, transmit- Oversight and Government Reform, House No.: USCG-2012-0904] (RIN: 1625-AA00) re- ting the Department’s final rule — Safety Administration, and Rules, for a period to be ceived December 11, 2012, pursuant to 5 Zone; Large Cruise Ships; Lower Mississippi subsequently determined by the Speaker, in U.S.C. 801(a)(1)(A); to the Committee on River, Southwest Pass Sea Buoy to Mile each case for consideration of such provi- Transportation and Infrastructure. Marker 96.0; New Orleans, LA [Docket Num- sions as fall within the jurisdiction of the 8845. A letter from the Attorney-Advisor, ber: USCG-2010-0012] (RIN: 1625-AA00) re- committee concerned. Department of Homeland Security, transmit- ceived December 11, 2012, pursuant to 5 By Mr. ENGEL: ting the Department’s final rule — Draw- U.S.C. 801(a)(1)(A); to the Committee on H.R. 6685. A bill to protect the Nation’s law bridge Operation Regulation; Atlantic Intra- Transportation and Infrastructure. enforcement officers by banning the Five- coastal Waterway (AIWW), Newport River, 8855. A letter from the Attorney Advisor, seveN Pistol and 5.7 x 28mm SS190, SS192, Morehead City, NC [Docket No.: USCG-2012- Department of Homeland Security, transmit- SS195LF, SS196, and SS197 cartridges, test- 0628] (RIN: 1625-AA09) received December 11, ting the Department’s final rule — Safety ing handguns and ammunition for capability 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone; Alliance Road Bridge Demolition; to penetrate body armor, and prohibiting the Committee on Transportation and Infra- Black Warrior River, Locust Fork; Bir- manufacture, importation, sale, or purchase structure. mingham, AL [Docket Number: USCG-2012- 8846. A letter from the Attorney Advisor, of such handguns or ammunition by civil- 0902] (RIN: 1625-AA00) received December 11, ians; to the Committee on the Judiciary. Department of Homeland Security, transmit- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Department’s final rule — Safety By Ms. ESHOO: Committee on Transportation and Infra- H.R. 6686. A bill to amend the Toxic Sub- Zone; DeStefano Wedding Fireworks Display, structure. Patchogue Bay, Patchogue, NY [Docket stances Control Act relating to certain mer- Number: USCG-2012-0571] (RIN: 1625-AA00) re- f cury compounds, products, and processes; to the Committee on Energy and Commerce. ceived December 11, 2012, pursuant to 5 REPORTS OF COMMITTEES ON U.S.C. 801(a)(1)(A); to the Committee on By Mr. GERLACH (for himself and Mr. Transportation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS NEAL): 8847. A letter from the Attorney Advisor, Under clause 2 of rule XIII, reports of H.R. 6687. A bill to amend the Internal Rev- Department of Homeland Security, transmit- committees were delivered to the Clerk enue Code of 1986 to include vaccines against seasonal influenza within the definition of ting the Department’s final rule — Security for printing and reference to the proper Zone; Cruise Ships, Santa Barbara Harbor, taxable vaccines; to the Committee on Ways Santa Barbara, California [Docket Number: calendar, as follows: and Means. USCG-2011-0906] (RIN: 1625-AA87) received Mr. MILLER of Florida: Committee on By Mr. JORDAN (for himself, Mr. December 11, 2012, pursuant to 5 U.S.C. Veterans’ Affairs. Fourth Quarter Report of MULVANEY, Mr. SCALISE, Mr. GAR- 801(a)(1)(A); to the Committee on Transpor- the Activities of the Committee on Veterans’ RETT, Mr. FLORES, Mr. BROUN of tation and Infrastructure. Affairs During the 112th Congress (Rept. 112– Georgia, Mr. WALBERG, Mrs. 8848. A letter from the Attorney Advisor, 706). Referred to the Committee of the Whole HARTZLER, Mr. STUTZMAN, Mr. OLSON, Department of Homeland Security, transmit- House on the state of the Union. Mr. LUETKEMEYER, Mr. GRIFFIN of Ar- ting the Department’s final rule — Safety Mr. BISHOP of Utah: Committee on Rules. kansas, Mr. CULBERSON, Mr. ROE of Zone; Atlantic Intracoastal Waterway; Oak House Resolution 840. Resolution providing Tennessee, Mr. PEARCE, Mr. GRAVES Island, NC [Docket Number: USCG-2012-0811] for consideration of the conference report to of Georgia, Mr. HUELSKAMP, Mr. (RIN: 1625-AA00) received December 11, 2012, accompany the bill (H.R. 4310) to authorize GIBBS, Mr. FLEMING, Mrs. MYRICK, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- appropriations for fiscal year 2013 for mili- Mr. PRICE of Georgia, Mrs. BLACK- mittee on Transportation and Infrastruc- tary activities of the Department of Defense, BURN, and Mr. SCHWEIKERT): ture. for military construction, and for defense ac- H.R. 6688. A bill to extend tax relief for all 8849. A letter from the Attorney Advisor, tivities of the Department of Energy, to pre- Americans, to replace the defense sequester Department of Homeland Security, transmit- scribe military personnel strengths for such scheduled to take effect on January 2, 2013,

VerDate Mar 15 2010 22:12 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\RECORD12\RECFILES\H19DE2.REC H19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE H7360 CONGRESSIONAL RECORD — HOUSE December 19, 2012 with responsible reductions in direct and mitted regarding the specific powers grams and repeals certain requirements im- other spending, and for other purposes; to granted to Congress in the Constitu- posed by federal legislation and agencies, the Committee on Ways and Means, and in tion to enact the accompanying bill or many of which have a questionable basis in addition to the Committees on the Budget, joint resolution. the constitutional powers of Congress. By re- Agriculture, Energy and Commerce, Finan- ducing or repealing these programs and regu- cial Services, the Judiciary, Oversight and By Mr. PASCRELL: lations, this legislation is acting on the affir- Government Reform, House Administration, H.R. 6683. mation in the 10th Amendment that ‘‘powers and Rules, for a period to be subsequently Congress has the power to enact this legis- not delegated to the United States by the determined by the Speaker, in each case for lation pursuant to the following: Constitution, nor prohibited by it to the consideration of such provisions as fall with- Congress has the power to enact this legis- States, are reserved to the States respec- in the jurisdiction of the committee con- lation pursuant to Article I, Section 8, tively, or to the people.’’ This legislation cerned. Clause 3 of the United States Constitution. would more closely align the federal govern- By Ms. MATSUI: By Mr. CANTOR: ment with both the letter and spirit of the H.R. 6689. A bill to amend the Reclamation H.R. 6684. Constitution in the ways stated above. Wastewater and Groundwater Study and Fa- Congress has the power to enact this legis- By Ms. MATSUI: cilities Act to authorize the Secretary of the lation pursuant to the following: H.R. 6689. Interior to participate in the design, plan- Article I, Section 8, Clauses 1,3, and 18 and Congress has the power to enact this legis- ning, and construction of the South Sac- Article I, Section 9, Clause 7 of the United lation pursuant to the following: ramento County Agriculture and Habitat Stases Constitution. Article 1, Section 8, Clause 3 Lands Water Recycling Project in Sac- By Mr. ENGEL: H.R. 6685. ramento County, California; to the Com- f mittee on Natural Resources. Congress has the power to enact this legis- lation pursuant to the following: By Mr. OLSON: ADDITIONAL SPONSORS H. Res. 836. A resolution providing for the The bill is enacted pursuant to the power printing of a revised edition of the Rules and granted to Congress under the following pro- Under clause 7 of rule XII, sponsors Manual of the House of Representatives for visions of the United States Constitution: were added to public bills and resolu- Article I, Section 1; the One Hundred Thirteenth Congress; con- tions as follows: sidered and agreed to. Article I, Section 8, Clause 1; H.R. 263: Ms. EDWARDS. By Ms. HIRONO (for herself, Ms. Article I, Section 8, Clause 3; and Article I, Section 8, Clause 18. H.R. 493: Mr. TERRY. HANABUSA, Mr. DICKS, Mr. YOUNG of By Ms. ESHOO: H.R. 1063: Ms. EDDIE BERNICE JOHNSON of Alaska, Mr. DONNELLY of Indiana, H.R. 6686. Texas. Mr. MCDERMOTT, Ms. JACKSON LEE of Congress has the power to enact this legis- H.R. 1426: Ms. SCHWARTZ. Texas, Mr. PRICE of North Carolina, lation pursuant to the following: H.R. 1802: Mr. CALVERT. Mr. HONDA, Mr. SABLAN, Ms. CHU, Mr. The U.S. Constitution, Article I, Section 8, H.R. 1867: Mr. BUTTERFIELD. FALEOMAVAEGA, Ms. MATSUI, Mr. the General Welfare Clause H.R. 2256: Mr. SHERMAN and Ms. LORETTA MURPHY of Connecticut, Mr. PERL- By Mr. GERLACH: SANCHEZ of California. MUTTER, Ms. MCCOLLUM, Mr. CHAN- H.R. 6687. H.R. 2721: Mr. MCGOVERN. DLER, Mr. COURTNEY, Ms. ESHOO, Mr. Congress has the power to enact this legis- H.R. 2775: Ms. BROWN of Florida. ELLISON, Mr. NADLER, Mr. FARR, Mr. lation pursuant to the following: H.R. 2969: Mr. VAN HOLLEN. RAHALL, Mr. RANGEL, Mr. FRANK of The Congress enacts this bill pursuant to H.R. 3627: Mr. VAN HOLLEN. Massachusetts, Mrs. NAPOLITANO, Ms. Clause 1 of Section 8 of Article I of the H.R. 3769: Mr. MICHAUD. WOOLSEY, Mr. BOSWELL, Mrs. CAPPS, United States Constitution. H.R. 4077: Mr. STIVERS. Mrs. LOWEY, Mr. MARKEY, Mr. HOYER, By Mr. JORDAN: H.R. 4103: Mr. SHERMAN. Mr. HEINRICH, Mr. GEORGE MILLER of H.R. 6688. H.R. 4122: Mr. COHEN and Mr. PRICE of California, Ms. LORETTA SANCHEZ of Congress has the power to enact this legis- North Carolina. California, Ms. CLARKE of New York, lation pursuant to the following: H.R. 6385: Mrs. BACHMANN. and Mr. GARAMENDI): H. Res. 837. A resolution relating to the The Constitution (specifically Article 1, H.R. 6398: Mr. MARCHANT. RIFFIN of Arkansas. death of the Honorable Daniel K. Inouye, a Section 8, Clause 1) grants Congress the H.R. 6439: Mr. G H.R. 6446: Mr. STIVERS and Mr. TIBERI. Senator from the State of Hawaii; to the power to lay and collect taxes, duties, im- H.R. 6511: Mr. AUSTIN SCOTT of Georgia. Committee on House Administration. posts, and excises under certain conditions. H.R. 6655: Mr. RANGEL, Mr. PASCRELL, Ms. By Mr. SMITH of New Jersey: Congress has previously utilized this grant of H. Res. 838. A resolution expressing the authority—broadened by the 16th Amend- BASS of California, Mr. LARSON of Con- sense of the House of Representatives that ment to include taxation on income—and necticut, Mr. BERG, Mr. NEAL, Mr. MARCH- the Secretary of State should seek to amend therefore existing law in this area would not ANT, Mr. TIBERI, and Mr. REICHERT. Article 22 of the Statute of the International be expanded by this bill. The legislation con- H. Con. Res. 143: Mr. MILLER of Florida, Court of Justice to move the seat of the tinues current tax policy in some cases (re- Ms. JACKSON LEE of Texas, Mr. HINCHEY, and Court from the Netherlands; to the Com- quiring no additional expansion of power) or Mr. PALAZZO. mittee on Foreign Affairs. limits and repeals current utilization of H. Res. 734: Mr. CONYERS. By Ms. HIRONO: power by the Congress (also requiring no ad- H. Res. 824: Mr. GERLACH and Mr. HARRIS. H. Res. 839. A resolution relating to the ditional Constitutional Authority beyond H. Res. 834: Mr. CANSECO, Mrs. LOWEY, Mr. death of the Honorable Daniel K. Inouye, a what currently exists). GERLACH, Mr. MCCAUL, Mr. WAXMAN, Ms. Senator from the State of Hawaii; considered Congress has similarly utilized the con- CASTOR of Florida, Mr. ISRAEL, Mr. GENE and agreed to. stitutional power to withdraw funds from GREEN of Texas, Mr. PETERS, Mr. the treasury (affirmed in Article 1, Section 9, SCHWEIKERT, Mr. STIVERS, Mr. REED, Mr. f Clause 7) so long as the funds are spent on a POSEY, Mr. FINCHER, Mr. DIAZ-BALART, Mrs. CONSTITUTIONAL AUTHORITY constitutionally appropriate power; if Con- MYRICK, Mr. CASSIDY, Ms. BUERKLE, Mr. STATEMENT gress has authority to fund what it currently FRANKS of Arizona, Ms. CHU, Mr. BACA, Mr. does fund, then it also has the power to limit JOHNSON of Ohio, Mr. PEARCE, Mr. WOMACK, Pursuant to clause 7 of rule XII of the amount that it appropriates to these Mr. OLSON, Mrs. MCCARTHY of New York, Mr. the Rules of the House of Representa- ends. Additionally, this legislation repeals or MARKEY, Mr. COSTA, Mr. DOLD, and Mr. tives, the following statements are sub- reduces the funding for various federal pro- PAULSEN.

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Vol. 158 WASHINGTON, WEDNESDAY, DECEMBER 19, 2012 No. 164 Senate The Senate met at 9:30 a.m. and was BRAND, a Senator from the State of New this. It is very unfair to the millions of called to order by the Honorable York, to perform the duties of the Chair. people who are suffering as a result of KIRSTEN E. GILLIBRAND, a Senator from PATRICK J. LEAHY, this devastation. the State of New York. President pro tempore. We have had some devastating Mrs. GILLIBRAND thereupon as- wildfires in the West. They are terribly PRAYER sumed the chair as Acting President damaging to the environment and on The Chaplain, Dr. Barry C. Black, of- pro tempore. occasion there is lost life and often fered the following prayer: f there are property losses. But rel- Let us pray. atively speaking, compared to the mil- RECOGNITION OF THE MAJORITY lions of people involved in this storm, O God of love, may Your presence fill LEADER our lawmakers with Your wisdom and we have to get our priorities right. It is unfair to those people who are suf- power. May Your wisdom lead them The ACTING PRESIDENT pro tem- fering. It is not only individual people, away from the pitfalls of delayed obe- pore. The majority leader is recog- but it is also businesses. I hope we can dience so that they will seek to nized. finalize this matter in the next day or promptly do Your will. Lord, make f two. them a source of strength. Direct their SCHEDULE actions; motivate their hearts, as they f seek to begin this day with an unre- Mr. REID. Madam President, fol- TRIBUTES TO DEPARTING served commitment to You. God, give lowing leader remarks, the Senate will SENATORS be in a period of morning business for them Your supernatural power, wis- KENT CONRAD dom, and guidance, for You know 1 hour; the Republicans will control the first half, the majority the second Mr. REID. Madam President, it is them, their needs, their motives, their often said a man is only as good as his hopes, and their fears. half. Following morning business, we will word. In this new world we live in, the We pray in Your merciful Name. same applies to women. This is a world resume consideration of the supple- Amen. we live in where men and women, as mental appropriations bill. I men- much as we can, are treated equally. A f tioned last night we are going to have good man is somebody who has his to move forward on this bill. I have PLEDGE OF ALLEGIANCE word that is good. A good woman is a been told the Republicans want to have The Honorable KIRSTEN E. GILLI- person who has their word that is good. a substitute, and we look forward to BRAND led the Pledge of Allegiance, as I believe that is true. whatever that might be. We can set up follows: If that fact is true, then Mr. KENT a series of votes to satisfy those people I pledge allegiance to the Flag of the CONRAD, the Senior Senator from who want to change this bill in some North Dakota, is a good man, indeed. United States of America, and to the Repub- manner. lic for which it stands, one nation under God, When he was running for the Senate indivisible, with liberty and justice for all. I would note that in the Northeast— the first time, he promised the people other States but principally New York of North Dakota he would not run for f and New Jersey—there are about reelection if the Nation’s budget deficit APPOINTMENT OF ACTING 700,000 people who have lost their was higher at the end of his term than PRESIDENT PRO TEMPORE homes. Tens of thousands of those at the beginning of it. homes have been destroyed, and other We came to the Senate together. I The PRESIDING OFFICER. The people are still living in very difficult clerk will please read a communication can remember 27 years ago in the LBJ situations. Room where I first met KENT CONRAD— to the Senate from the President pro When we had the devastation in the we were running for the Senate—this tempore (Mr. LEAHY). Gulf, we got the aid to those States studious man, very intense. I can still The legislative clerk read the fol- very quickly. The population of those remember that. We have been friends lowing letter: States—Louisiana, Mississippi, Ala- now for all those many years. But U.S. SENATE, bama—is very sparse compared to New think what he did. He could have been PRESIDENT PRO TEMPORE, York and New Jersey. We have to make Washington, DC, December 19, 2012. reelected so easily and he probably To the Senate: a decision on this very important legis- could have figured out some way Under the provisions of rule I, paragraph 3, lation before we leave this week, and around it: It was my intention to re- of the Standing Rules of the Senate, I hereby we are going to do that. I hope every- duce the debt, but we weren’t able to appoint the Honorable KIRSTEN E. GILLI- one would cooperate, but we have to do do it.

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

S8155

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VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.000 S19DEPT1 jbell on DSK7SPTVN1PROD with S8156 CONGRESSIONAL RECORD — SENATE December 19, 2012 But he didn’t follow that path. He As I have indicated, no one cares mous for making sure people under- said: I am not running for reelection, more about addressing the national stand what he is talking about. He has and he didn’t. It is amazing what he debt than Senator CONRAD. But he also visual aids—we call them charts—that did. He takes the national debt person- understands the balance between fiscal explain all his numbers and make them ally. He takes it very seriously. Kent responsibility and funding our national understandable. In 2001, the Rules Com- announced he wouldn’t seek reelection. priorities. mittee gave him his own printer since I was stunned. KENT, how could you do KENT CONRAD has been bipartisan. he was producing more charts than all that? He said: I gave my word. But Sometimes some criticize him for the rest of the Senators combined—and fate, as we know—and we are feeling it being so bipartisan. He has never been that is the truth. He is famous for his today with these flowers here behind afraid to reach across the aisle to keep charts. me—fate is rarely anticipated. After our country on a responsible path. He He is renowned for his dog. He loves his first term was set to expire and he is a person who is not an ideologue. I that little dog named Dakota. It is a had announced he wasn’t running for could be wrong, but I think he was the fluffy white dog, a bijon frise. Every- reelection, Quentin Burdick, with first person to endorse Obama. Obama where KENT goes, Dakota is with him. whom I had the pleasure of serving, was a Senator who gave indication he They love that dog like only people can died, and so he ran for his seat and was wanted to run for President. I think love animals. I often question how—I elected. So he has held both Senate Senator CONRAD was the first to en- used to question; I don’t anymore. I seats in North Dakota. He ran in that dorse him. We know Senator Obama have a daughter. My oldest child is a special election to replace Senator didn’t sell very well in North Dakota, daughter. She is allergic to cats. Her Burdick and won. The Senate, the peo- but that didn’t stop KENT CONRAD. He husband, trying to be nice to her, ple of North Dakota, and every Amer- thought he was the best person to be bought her a cat that had no hair. ican who cares about controlling the President of the United States. Frankly, it was kind of an ugly little Federal debt have benefited from his The proposal I mentioned with Sen- animal, but my daughter loves that faithful service. ators CONRAD and Gregg was a blue- cat. They named the cat Olivia. The Every time we have done something print for what the Bowles-Simpson cat got out at night—they live in a dealing with the debt in the last 26 Commission then came up with. As I suburb here—and a racoon attacked years, KENT CONRAD has been at the have indicated, every bipartisan deficit the cat so the cat was never the same forefront. ObamaCare, he was on top of reduction since then—and some par- after that. But my daughter spent lots that. He was one of the Gang of 6, it tisan efforts—anytime there was in- of money on this cat. was called at the time, and took volvement with the debt, he was there. I finally said: Lana, why are you Although we have yet to reach a so- months and months. He came up, of spending money on the cat? course, with the magnificent idea, he lution or a conclusion to the very seri- She said: Dad, I love that animal. and Judd Gregg—two people who know ous fiscal challenges this country So that was the beginning; I don’t the finances of this country as well as faces, I credit KENT CONRAD for the question it anymore. If my daughter any other two men in the world—they progress we have made to this point. feels that strongly about a cat, I am were going to do something about it, He will continue to be a voice for rea- going to stop criticizing people who and they introduced legislation. It was son and moderation even in his retire- spend money on animals. patterned after the base closing com- ment. See, KENT has always had a bril- I am reminded of my daughter every missions. They would do their work— liant mind for numbers. He is a step day I see him with Dakota because she the Commission—come back to the above an accountant’s mind. I truly loved Olivia like he loves Dakota. He Senate, no filibusters, no amendments. like accountants. My daughter-in-law and his lovely wife Lucy have spent is an accountant, but he is a step above That was KENT CONRAD and Judd lots of money on that little dog. They Gregg’s idea. As we know, the problem that. He is of the mathematician’s cal- love that dog. He calls him Little Guy; iber; he is so very smart. was the Republicans who supported the that Little Guy. After graduating from college, he legislation, cosponsored it, wouldn’t let I am going to miss KENT a lot. He is worked for the North Dakota State my friend, my pal. I wish him and his us get it on the floor; six or seven of Tax Commission. The person who ran family well. He has a lovely family. His them voted against that. The Bowles- that tax commission was Byron Dor- wife Lucy was the long-time chief of Simpson Commission; the Obama- gan, who later joined him in the Sen- Boehner talks, two rounds of those; staff for Byron Dorgan—two Senators, ate. In 1980, KENT succeeded Byron as both representing the same State, one Biden-Cantor, he was involved in every the commissioner of taxes in North Da- Senator’s wife is the chief of staff for one of those; the Gang of 6, the Gang of kota. They are the best of friends. He 8. Even though he wasn’t personally served as tax commissioner for 6 years. his colleague. She went out in the pri- one of the three people on the super- He is a fifth-generation North Dako- vate sector fairly recently and has committee, Chairperson MURRAY was tan, born in Bismarck. KENT CONRAD done a great job. She has been involved leaning on him all the time for infor- was raised by his grandparents. When in Major League Baseball. She and mation. he was 5 years old, his parents were KENT love baseball. KENT always talks He has been terrific. As chairman of killed by a drunk driver and so he was about he talked to Pete Angelos, the the Budget Committee, no one could do raised by his wonderful grandparents owner of the Baltimore Orioles; that he more than he did. I can remember he and he has told me so many times is looking forward to his retirement be- managed the bills we had on getting about how good they were to him. cause Angelos promised him a tryout. budgets. He was here, my seat was He was always interested in politics. He is going to try to play professional there, and he wanted me to help him. At his retirement party, he talked baseball. He loves baseball. They go to Why? Because he didn’t have time to about coming to Washington, DC, and spring training when they can. I hope deal with procedure. He was dealing he went back to his room or wherever they will still have a presence in Wash- with substance. I still joke with him he went that evening and wrote on a ington. I think so much of both of about this. He was so intense; we could piece of paper that he was going to be them. They are wonderful people. see that mind of his working. So he a Senator. He was just a boy, a little They have two children, a daughter was happy I was here working with him kid. He was a teenager, but at least in who wrote a book about politics, and to get the budgets through. my view of a 16-year-old today he was one grandson. KENT always boasts He has been a powerful voice against still a little kid. He said he wanted to about how smart his daughter is. I runaway deficits but always being to- be a Senator to himself. ‘‘It so inspired went to the book signing. I am sure she tally reasonable, recognizing that we me that I thought someday I’d like to is smart because she has such a bril- are in a time of economic slowdown be down on that floor and I’d like to liant father. and we have to do something about the debate the great issues of the day.’’ I value both KENT’s friendship and debt. But he also believes that during He has done it. He has done it for 24 leadership. While he will be missed in any of these periods of time, we need years. the Senate, he should rest assured that stimulation of the economy; they go Today KENT doesn’t just debate the his legacy will remain long after he together. great issues of the day, he also is fa- leaves.

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.002 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8157 RECOGNITION OF THE MINORITY House and the Senate. I have no doubt JIM’s interest in politics came about LEADER he will be extremely effective in his when the government started to in- The ACTING PRESIDENT pro tem- new post over at the Heritage Founda- trude more and more into his business, pore. The Republican leader is recog- tion. I wish him every success. Because and when he started to notice how it nized. the truth is, the Nation simply cannot unwittingly harmed others. ‘‘The more continue on its current path, and if JIM I learned about how things operated,’’ f can help more people understand that he once said, ‘‘the more I understood PREVENTING FURTHER ECONOMIC from his new perch on Massachusetts how problems in our society such as DAMAGE Avenue, then it will clearly have been broken homes, crime, and school drop- Mr. MCCONNELL. Madam President, worth it. out were a direct result of well-in- there is still time to prevent further And so while JIM’s voice will be tended but misdirected government damage to the economy and to stop the missed here in the Senate, we are glad policies.’’ automatic tax hike on every American to see he will be putting his consider- So he got involved. that’s scheduled to go into effect at the able talents to good use by helping to In 1992, Bob Inglis walked into his of- beginning of the New Year. The Presi- arm his former colleagues and many fice and asked for his help in running a others with the arguments they will dent has a real opportunity, the second race in South Carolina’s 4th District. need to make the case for constitu- in 2 years, to do something significant JIM took the job and for the first time tional conservatism in the years ahead. about our debt crisis and jumpstart our began to think about running for polit- As a young boy, JIM developed a ical office himself. When Inglis retired, economy. He has a real opportunity to knack for sales by necessity. His mom JIM decided to run as his replacement. show he can govern. He is letting that ran a ballroom dancing school out of opportunity slip away. He was 47 years old, he had never run their home as a way to keep food on for anything in his life, and Debbie Senate Democrats and the White the table for her four children, and part House now say that a ‘‘balanced ap- thought he was crazy. But the voters of JIM’s job was to recruit the students. proach’’ is one that can pass both the liked what he was selling, and so did He says he still runs into people who his colleagues in the House. They voted House and Senate. But we know that attended the DeMint Academy of him President of their freshman class neither the Democrat bill in the Sen- Dance and Decorum. ‘‘Our home some- ate, nor the President’s plan for more in 1999. times seemed like boot camp,’’ JIM Six years later, JIM was elected to than a trillion dollars in tax hikes once said, because to survive as a sin- meets their own new test of ‘balance.’ the Senate. And he has been a leader gle parent his mom enlisted all four here as well, working to cut Federal Speaker BOEHNER, like me, would kids for daily duties starting at 6 a.m. like to prevent a tax hike on everyone. spending and reform how we spend tax- It was ‘‘the closest I would come to payer dollars. A conservative stalwart, But given the President’s failure to basic training.’’ Interestingly, part of act, the House will soon vote on legis- JIM leaves with a stellar 98.77 lifetime JIM’s responsibilities involved filling in rating from the American Conservative lation to prevent a tax hike on anyone for folks who did not have a dance Union. And, crucially, he has made a making less than a million dollars a partner. difference. One member of the press year—rather than letting taxes go up When JIM wasn’t busy in the ball- on every American taxpayer; in other room, he was working his two paper corps once referred to JIM as the pa- words, a plan that 53 of our Democrat routes or bagging groceries at the gro- tron saint of lost causes in the Senate. colleagues here in the Senate already cery store. On weekends, he fed his love And, frankly, I don’t think we will be voted to support. It is a plan that of music as the drummer for a band abolishing the tax code anytime soon, would ensure far more American fami- called ‘‘Salt and Pepper.’’ He was best as JIM has suggested, but that’s to miss lies and small businesses are protected known for his vocals on the song the point. Great causes almost always from tax hikes than anything our Dem- ‘‘Wipe-out’’ and the song’s distinctive start out with a constituency of one, ocrat friends have proposed. opening cackle. JIM says he could have and JIM has never been afraid to take Democrats will have an opportunity been a rock star, if it weren’t for the up important and unpopular causes to offer and vote on changes if they no fact that he had no voice or musical early, and let the polls and punditry longer agree with their previous posi- talent. So as an adult, he stuck with take care of themselves. tions. But what they cannot do is sit sales, and it was from there that he After becoming what he called a ‘‘re- on their hands and let taxes go up on launched his political career. covering earmarker,’’ he succeeded in every American taxpayer. Senate It has not been easy. JIM has always convincing others to give up the prac- Democrats have wasted precious time worked hard to ensure that Debbie and tice. As a member of the Foreign Rela- all year with show votes designed to the kids remained at the center of his tions Committee, he was also instru- fail. That has left us with little time to life. I know how much he admires mental in resolving a serious problem do the real work that needs to be done. Debbie for keeping her focus on their in Honduras a few years ago after the But there is still enough time for us to kids over the years. Theirs has been a Obama Administration misconstrued finish all of our work before this week- true partnership almost since the day the legal ouster of a president with a end, if we are all willing to stay late they first met all the way back in the political coup. JIM enlisted Miguel and work hard. For the sake of the peo- seventh grade. Estrada to figure out what was really ple who sent us here, it can and should JIM was not always all that political. going on down there, and I was happy be done. In fact, those who know him best say to help him travel to Honduras to in- f that one of the most surprising things vestigate in person. JIM soon reported about his career is how such a shy and back that it was instantly obvious it TRIBUTES TO DEPARTING gentle spirit could be viewed by so was not a coup. The story eventually SENATORS many as a take-no-prisoners firebrand. had a happy ending: the Honduran peo- JIM DEMINT As a young marketing executive, he re- ple held a new election and inaugu- Madame President, I would like to calls thinking that he had a wife, kids rated a new president and the Obama speak this morning in tribute to an un- and a business—and that was basically administration grudgingly backed expected addition to the list of retirees his universe. He did not even know who down. But none of this would have hap- on the Republican side of the Senate, his congressman was. To this day, one pened without the leadership of Sen- Senator JIM DEMINT of South Carolina. of the things JIM enjoys doing most is ator DEMINT. ‘‘The senator kept the They say success has many fathers, working on his lawn back in Green- administration honest,’’ Estrada later but it is hard to think of anyone who ville. And while he has gotten his share said. ‘‘He was invaluable.’’ has done more than JIM DEMINT to of awards in Washington over the Senator DEMINT and I share a pro- raise the public’s awareness on spend- years, I don’t think any of them com- found commitment to free speech, and ing and debt, and the threat that big pare with the one his neighborhood as- he has written eloquently on its impor- government poses to our liberties. sociation gave him a few years back for tance for our Nation. ‘‘Good govern- JIM has been a powerful voice for ‘‘best lawn.’’ He is really proud of that ment,’’ he has written, ‘‘is a result of conservatism during his time in the one. freedom debated.’’ He has called the

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.003 S19DEPT1 jbell on DSK7SPTVN1PROD with S8158 CONGRESSIONAL RECORD — SENATE December 19, 2012 right to free speech the ‘‘most treas- who have passed on and who made such child health issues such as asthma. ured benefit of living in a free and a difference around here. I have to say Transportation to and from work, the democratic nation.’’ And he has cer- that JIM DEMINT has been a rock- grocery store, and the doctor can be in- tainly exercised that right to the full- ribbed conservative who I think has frequent and unreliable. est both here in the Senate and across made a great difference in this body Programs funded through TANF—the the country. and for whom I have a lot of respect. I Temporary Assistance for Needy Fami- Throughout his political career, JIM have profound gratitude that he has lies Program—provide cash assistance has always been guided by an unwaver- fought as hard as he has for the prin- to families struggling in deep and per- ing commitment to freedom, and I ciples he believes in, most of which I sistent poverty. TANF is a block grant know it is that same commitment to believe in. to States for their use in ending de- defend and enlarge our freedom that I wish him Godspeed as he works over pendence on government benefits and, led him into this next chapter in his at the Heritage Foundation. I can’t more broadly, to promote child well- life. It is this passion to defend free- imagine a better place for somebody being. TANF Programs can also pro- dom, both for Americans here at home who loves the issues, wants to play a vide work support such as transpor- and for our allies around the world, role, has played a role, understands tation assistance and childcare for that has struck a chord with so many this body, understands the political na- families working to get themselves out Americans and helped make JIM a na- ture of this country, and has been very of poverty and into decent-paying jobs. tional figure—not to mention a best- active in trying to change this country In addition to safety net and work sup- selling author. for the better. JIM has those kinds of port programs, TANF also funds a In addition to the fact that he and abilities. I wish him well, and I sure number of child welfare programs that, his staff have helped address more than hope he will have a great time while he when effective, reduce the number of 30,000 constituent inquiries during his is over at the Heritage Foundation. I children in foster care and help keep time here in the Senate, it is also why have great respect for him. I think families together. JIM has remained so popular with his most people who really know him have When TANF was enacted, many constituents back home, and it is why great respect for him. I always respect States used the funding stream in an his colleagues here in the Senate are so people who really do what they believe, effort to move welfare recipients into sad to see him go. and JIM DEMINT has exemplified that work. However, over time the focus of JIM leaves with a legacy. He has been as well as anybody I know. TANF in many of these States has a real champion for limited govern- f shifted from working with job-ready ment and constitutional conservatism TANF adults to a funding stream largely on the national stage. But what has al- dedicated to funding purposes ways guided him most over the years is Mr. HATCH. Madam President, I rise unconnected to job readiness. today to speak about important issues the conviction that most decisions are For many years I have expressed con- facing us as we work to reauthorize the best made at the local level. And cern that nationwide over 50 percent of Temporary Assistance for Needy Fami- whether it is his work with veterans, in able-bodied adults receiving cash as- lies Program, the TANF Program. Pov- promoting adoption, or in reforming sistance are reported to engage in zero erty has risen to a crisis level in our education, that is what he has always hours of work-related activity. Addi- country. In 2011 there were 16.1 million stressed. tionally, I have raised concerns that children in families with incomes So I want to thank the Senator from most States are not able to meet the below the poverty level. South Carolina for his sterling service Federal work-participation rate. This The pernicious effects of poverty to the Palmetto State and to our coun- work-participation rate requires that a have implications for children’s health, try. I wish him and Debbie and the en- State engage half of its cash assistance education, and well-being. Research tire DeMint family all the very best in caseload in specified work-related ac- has demonstrated that there are sig- the years ahead. Godspeed, Senator tivities for a certain number of hours nificant associations between poverty DEMINT. each week. I yield the floor. and problems with children’s health, cognitive development, behavior, emo- If you ask the average middle-class f tional well-being, and school achieve- American how many able-bodied adults receiving welfare should be engaged in RESERVATION OF LEADER TIME ment. These problems are exacerbated work or work-related activities, my The ACTING PRESIDENT pro tem- for families in extreme poverty, where the annual income is less than half of guess is the answer would be all of pore. Under the previous order, the them. It should be shocking to the leadership time is reserved. the poverty level. In 2011 there were over 7 million children in the United American people that most States are f States living in extreme poverty. not able to engage half of their welfare caseloads in such activities. MORNING BUSINESS Poverty is also a risk factor for child abuse and neglect. Data assembled by Furthermore, I have raised concerns The ACTING PRESIDENT pro tem- the Center for Law and Social Policy that there is a considerable amount of pore. Under the previous order, the reveals that poverty is the single best TANF spending on child welfare pro- Senate will be in a period of morning predictor of child maltreatment. Chil- grams that goes unaccounted for and is business for 1 hour with Senators per- dren living in families with annual in- not coordinated with possibly duplica- mitted to speak therein for up to 10 comes below $15,000 were 22 times more tive spending administered by State minutes each, with the time equally di- likely to be abused or neglected than child welfare agencies. vided and controlled between the two those living in families with annual in- Authority for TANF expired at the leaders or their designees, with the Re- comes of $30,000 or more. end of 2010. Unfortunately, although publicans controlling the first half. According to a report from the Chil- this is a matter of serious concern, the The Senator from Utah is recognized. dren’s Defense Fund, ‘‘Children of color Obama administration has never pro- The ACTING PRESIDENT pro tem- continue to suffer disproportionately posed a 5-year reauthorization of the pore. The Senator from Utah. from poverty.’’ The Children’s Defense TANF Program. Instead, on July 12, f Fund cites data showing that more 2012, the Department of Health and than one in three African-American Human Services released a document, TRIBUTE TO DEPARTING children and more than one in three which they inaccurately described as SENATORS Hispanic children were poor in 2011, an ‘‘Information Memorandum,’’ to the JIM DEMINT compared to a 1-in-8 ratio among White States claiming on behalf of the Obama Mr. HATCH. Madam President, I wish non-Hispanic children. administration unprecedented waiver to say a few words about my colleague These families face huge challenges authority over TANF work rules. JIM DEMINT. We have had a lot of real- navigating the bare necessities of daily This action provoked a swift and ly good people during my service here life. Fresh healthy food can be rare. strong condemnation from members of on both sides of the aisle. I have friends Unsafe housing contributes to chronic the legislative branch and rightly so.

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.005 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8159 Many Members of Congress believe abuse issues. These barriers to work evidenced by the fact that in the 6 the welfare waiver document con- prevent adults on welfare from having months since HHS granted itself au- stitutes an excessive and unwarranted work-readiness skills. Additionally, in- thority to waive welfare work require- overreach on the part of the executive activity and the lack of attachment to ments, not a single State has applied branch. The Government Account- the workforce can exacerbate mental for one of these waivers. In other ability Office agreed with us and has health and self-medicating tendencies words, any argument that the need for determined that the July 12, 2012, docu- and create a downward spiral for these State flexibility is so urgent that the ment is, in fact, a rule as defined by families, and it can be very hard to re- administration had to bypass Congress the Administrative Procedures Act and verse course. to give it falls by the wayside. Once as such should have been submitted to Over the years, research has consist- again, we see a distraction crumble Congress for review. ently revealed that a work-first ap- under the weight of the facts. Since the welfare waiver is consid- proach to welfare, combining an in- Another distraction raised by sup- ered a rule, like all rules, it is subject tense effort to engage recipients in porters of the administration is com- to a joint resolution of disapproval work-related activities to foster an at- ments from a former House Ways and under the Congressional Review Act. tachment to work with a blended array Means staffer to the press indicating The Senate Parliamentarian agrees of work supports, such as education that he thought additional flexibility with the GAO, and she has advised that and training, has the greatest degree of for States might not be a bad idea. Of for purposes of the CRA, that is, the success in getting clients off of welfare. course, this same staffer also said that Congressional Review Act, this rule The reason I am so vehemently op- unilaterally establishing these waivers should be considered to have been re- posed to the administration’s scheme without consulting Congress was not ceived by Congress on September 10, to undermine the welfare work require- the way to go. If that is the best expert 2012, even though the administration ments is that I believe it will hinder, opinion supporters of the administra- failed to submit it as required by law. not help, the effort to get adults off tion can come up with to support this The CRA provides the Senate with a welfare and into the workforce. Put shift in policy, they have clearly failed procedure for expedited consideration simply, allowing activities that are not to make their case. Once we cut through all of these dis- and a vote on a resolution of dis- work to count as work will not get peo- tractions the administration and its al- approval during a certain window of ple off welfare. lies have tried to throw in our path, we time so long as at least 30 Senators The administration and their apolo- are left again with the heart of the have signed a discharge petition to gists have not even tried to make a matter. The Obama administration is bring the resolution to the floor. I have policy case for their non-work-first ap- trying to bypass Congress and enact introduced such a resolution, S.J. Res. proach. Instead, apologists of the ad- policies that are not provided for under 50, which provides for congressional ministration’s welfare waiver rule gen- current law. Whether or not one agrees disapproval of the rule submitted by erally attempt to obfuscate and dis- with the administration’s change in the Department of Health and Human tract from the fact that the Obama ad- policy, that simple fact remains and we ministration granted themselves waiv- Services relating to the authority to ought to stand up for the prerogatives er authority to bypass the legislative waive Federal welfare work require- of the legislative branch. That is why ments under section 407 of the Social branch with the goal of weakening wel- we have three separate branches of Security Act. Having introduced it fare requirements. government, so that we have some Let’s take a look at some of their ar- within the required timeframe under checks and some balances in our soci- guments. Right out of the gates, sup- the CRA and having obtained enough ety. signatures on a discharge petition, it is porters of the administration’s policy As a Member of the Senate, I simply within my rights as a Senator to call argue that members of the legislative cannot stand by and watch the admin- for a vote on my resolution prior to the branch asserting their rights in the istration undermine the relevance of Senate’s adjournment this year. face of executive overreach were sim- the legislative branch. I cannot stand Now, I am not naive, nor am I overly ply trying to give the Romney-Ryan by and see Members of the House of idealistic. I am well aware that the campaign an issue. Representatives who have worked for vote on S.J. Res. 50 would likely fall Well, in case anyone hasn’t heard, years to develop expertise on welfare along party lines, and this is dis- the country recently held an election, policy turned into potted plants. appointing. It is clear that the admin- and President Obama was reelected. But there is more than one way to istration’s purpose in granting them- There is no longer a Romney-Ryan stand up for the U.S. Congress. The selves this waiver authority is to un- campaign, so that distraction falls country has been through an exhaus- dermine a work-first approach to get- away. tive and highly partisan election. Some ting welfare recipients or clients off Apologists of the executive overreach call it a status quo election. The coun- the rolls. This has been the desire of have also tried to muddy the issue by try has elected a Democrat to the many critics of Clinton-era welfare re- suggesting that the administration is White House and sent back a divided forms since they were enacted. giving the States what they asked for. Congress. No one side can claim a man- The administration has not been For example—and I take this a little date, in my opinion, and I think in the forthcoming at all about what they personally—in an effort to create a opinion of most people. What the want to substitute for a work-first ap- false justification for their power grab, American people want is for Democrats proach. In the past, absent strong Fed- the Obama administration has repeat- and Republicans and the President to eral performance standards, States edly misrepresented the views of the work together to get things done for have allowed activities such as State of Utah. It is true that when the American people, and get things journaling, exercise, or assisting a asked by the administration what they done right for the American people. neighbor, just to name a few, to count wanted in a TANF reauthorization, One of the things we need to get done as work for the purposes of welfare eli- some States indicated the desire for is a comprehensive overhaul and reau- gibility. more flexibility, but there was never thorization of TANF. Welfare-work re- Here is why I have such a problem any indication that the States wanted quirements need to be updated and with this shift in policy: I believe most the administration to go around Con- strengthened, certain loopholes need to people receiving welfare are unhappy gress to provide this flexibility. be closed, and there must be increased with their situation and want to be According to the Government Ac- transparency and accountability rel- able to work. Even with assistance, countability Office, between 2000 and ative to TANF spending on child wel- families trying to survive on cash-as- 2009—during the Clinton, Bush, and fare programs and services. sistance welfare are living in des- even the Obama administration—HHS In order to begin bringing all sides perately impoverished circumstances. consistently told States that they had together, particularly after such an ac- The reasons some families have to go no waiver authority under TANF. So rimonious political period, someone on welfare can be, of course, com- States naturally and rightly assumed must make the first move. Therefore, plicated. Many adults on welfare strug- that any requests for waivers would as an act of good faith, in order to fa- gle with mental health and substance have to go through Congress. This is cilitate a collegial bipartisan working

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.007 S19DEPT1 jbell on DSK7SPTVN1PROD with S8160 CONGRESSIONAL RECORD — SENATE December 19, 2012 relationship on TANF, I am putting my challenges and deep and persistent pov- The ACTING PRESIDENT pro tem- colleagues on notice that earlier today erty. We can begin to meet this moral pore. Without objection, it is so or- I sent President Obama a letter inform- obligation by strengthening and im- dered. ing him that I will not insist on a vote proving the TANF Programs for the Mr. WHITEHOUSE. Madam Presi- on my resolution of disapproval during working poor, the middle class, and dent, I ask unanimous consent to speak this session of Congress. In the spirit of children in the child welfare system. in morning business for up to 15 min- compromise and bipartisanship, I have In America today we have women utes. asked President Obama to respond to who take their children with them The ACTING PRESIDENT pro tem- my action by instructing Health and rummaging through trash cans, hoping pore. Without objection, it is so or- Human Services Secretary Kathleen to find discarded soda cans so they can dered. Sebelius to withdraw the welfare waiv- sell them back to stores. In America f er rule and submit a 5-year TANF reau- today we have families who every CLIMATE CHANGE thorization proposal to the Congress. If month must make painful decisions there are aspects of the welfare waiver about whether to buy food or medicine Mr. WHITEHOUSE. Madam Presi- rule the administration wishes us to or whether to pay to heat their home dent, in every corner of the globe— consider, I hope they will include them or put gas in their car. Many single from pole to pole, and from the top of in their proposal so they can be de- moms have no good choices when it our atmosphere to the depths of our bated and negotiated here in Congress. comes to providing childcare for their oceans—we see evidence of the funda- I have written to the President and children while they attempt to find mental changes that are taking place told him I am committed to working work. I can think of no group of Ameri- across our Earth. with his administration as well as cans more deserving of having the Sen- In 2012, North America experienced a Chairman CAMP and Chairman BAUCUS ate’s time and attention directed to- number of unusually severe events and to enact comprehensive and meaning- ward crafting policies designed to help passed several ominous milestones. ful welfare reauthorization early on in improve their lives. These episodes have driven a shift in the 113th Congress. I made this offer to If my colleagues look over my past 36 attitude—a realization, really, among President Obama with good will and in years, I have been there for these Americans. As we head home for the good faith. However, if the President Americans. I was there in enacting holidays this year, each of us is likely rebuffs my overture, the Congressional TANF. I was there on a number of child to find back in our home States that Review Act will afford me this oppor- welfare programs. I was there on the more and more people are convinced tunity for another vote on a resolution Child Care and Development Block that climate change is happening, and of disapproval next year. This is be- Grant. I was there on the Americans that it is deadly serious. Here are just some of the extraor- cause even if the Senate meets in legis- With Disabilities Act, and countless dinary events that occurred as we look lative session every day until January other bills. These bills I worked on back on this year, 2012. 3—including Christmas Eve, Christmas have helped to make a difference. Day, New Year’s Eve, New Year’s Day, January 2012 was the fourth warmest But I am concerned that increas- and all weekends—there will not have January experienced in the contiguous ingly, we are becoming a welfare soci- been 60 session days between the date United States since we began keeping ety. A lot of people aren’t going to go the welfare waiver rule is deemed to records. And we began keeping records to work, and every time, every quarter, have been submitted to the Senate and in 1895. By the end of January, we find more and more people who the convening of the 113th Congress. snowpack in the Sierra Nevada Moun- won’t even look for a job anymore. Since the 112th Congress will end be- tains was 50 percent less than normal. That is not the way to run a great fore the full 60-session-day period has February 2012 marked the end of the country. That is not the way to help elapsed, the Congressional Review Act fourth warmest winter on record—an people to be self-sufficient, it is not the provides for another 60-day period to above-average start to the year but not way to help people to be self-reliant, act on a disapproval resolution regard- extremely so. and it is not the way to keep a country ing this rule in 2013. I hope it doesn’t Then this happened: March 2012. great. come to that. Therefore, if President March 2012 was the warmest March on Obama does not withdraw the welfare This is an important issue. I believe record. Every State in the Nation expe- waiver rule, submit a 5-year TANF re- everybody in the Senate ought to stand rienced a record daily high tempera- authorization plan, and then work with up for the rights of the Congress. And ture in March. There were 21 instances Congress to enact meaningful, com- I believe the President can show great of nighttime temperatures—nighttime prehensive welfare reform that good will here if he would do what I temperatures—being as warm or warm- strengthens work requirements and have suggested, which I think my er than the existing daytime record provides for improved accountability of Democratic colleagues would appre- temperature. TANF spending, I will be right back ciate as well, and that is send up the 5- It was also in March that a Univer- here in a few months exercising my year reauthorization of TANF and of sity of Texas poll asked respondents if right to demand a vote on a new reso- course withdraw that particular ap- they thought climate change was oc- lution of disapproval under the Con- proach toward waivers that literally curring. Madam President, 83 percent gressional Review Act. should not ever be granted without of Democrats said yes; 60 percent of I sincerely hope it does not come to congressional consent. I think the Independents said yes; 45 percent of Re- that. As my colleagues know, I have a President would come a long way by publicans said yes. long history of forging bipartisan com- doing that and it would mean a lot to As 2012 went on, things did not slow promises on welfare, among many me personally. Let’s hope we can get down much for the lower 48 States. other things. I was a key player during the President to consider these re- April 2012 would become the third the 1996 consideration of welfare re- marks this day because they have been warmest April on record. I came to the form that was passed by a Republican delivered in good faith, hoping we will floor in April to speak about another Congress and signed by a Democratic find solutions to these problems and, milestone surpassed that month. For President. In 2002, Senator Breaux and above all, hoping we can help our peo- the first time—for the first time—one I worked with Republicans and Demo- ple. of NOAA’s remote monitoring sites— crats to draft the so-called Madam President, I suggest the ab- this one in the Arctic—recorded a con- ‘‘tripartisan’’ agreement on welfare re- sence of a quorum. centration of 400 parts per million of authorization. I stand willing to work The ACTING PRESIDENT pro tem- carbon dioxide in the Earth’s atmos- again on a bipartisan basis on this im- pore. The clerk will call the roll. phere, crushing records that go back portant issue at this most critical The legislative clerk proceeded to 8,000 centuries. For 8,000 centuries time. call the roll. mankind has inhabited a planet with As Members of Congress, I believe we Mr. WHITEHOUSE. Madam Presi- an atmosphere with carbon concentra- have a moral obligation to do what we dent, I ask unanimous consent that the tion being 170 and 300 parts per million. can to help those facing staggering order for the quorum call be rescinded. We have broken out of that. For the

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.009 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8161 first time, in April, we hit 400 parts per the Senate we are working to approve est calendar year on record for the con- million. a $60 billion aid package which will tiguous United States. December would By May, it was no surprise that help restore that damage. have to be one full degree Fahrenheit spring 2012 was a full 2 degrees Fahr- HAZARD MITIGATION colder than the coldest December on enheit warmer than the next warmest Let me step aside of my climate re- record to prevent that from happening spring in recorded history. May was marks and speak for 1 minute to that and make up for the exceptionally hot the second warmest ever. because as we consider this supple- first 8 months of the year. June was only the eighth warmest mental appropriations bill, long-term The overwhelming majority of sci- June, but it officially marked the end mitigation must be part of this discus- entific research indicates that these of the warmest 12-month period the sion. We should not replace and rebuild observed changes in the Earth’s atmos- United States of America has ever ex- what was damaged just as it was. We phere are the direct result of human perienced. need to replace and rebuild smarter. activity; namely, the emission of car- Across the lower 48, July was not Sandy is a preview of what is to come. bon dioxide from the burning of fossil only the warmest July on record, it Infrastructure that failed or flooded fuels. was the all-time warmest month in should be replaced to higher standards; Just last week, Dr. James Powell, America in recorded history. According at-risk roads, wastewater treatment former Reagan and George H.W. Bush to the U.S. Drought Monitor, 62.9 per- plants, and other utilities need to be appointee to the National Science cent of the contiguous U.S. was experi- relocated to safer places. Board, released a new review of the sci- encing moderate to exceptional If disaster strikes, as it has, and we entific literature, in which he searched drought by the end of the month—near- do not plan ahead, as we are being for articles that expressly reject ly two-thirds. Madam President, 62.9 urged not to, we will squander Federal human-caused global warming or pro- percent was experiencing moderate to dollars. A 2005 study by the National pose an alternate explanation. He exceptional drought as a result of this Institute of Building Sciences showed looked at 13,950 peer-reviewed climate being the all-time warmest month. FEMA hazard mitigation efforts yield- articles—nearly 14,000 peer-reviewed As the mercury climbed in July, so ed an average cost-benefit ratio of 4 to climate articles. Madam President, did agreement among Americans on 1—$4 saved for every $1 spent. Let’s not 24—24—either rejected global warming the crisis of climate change. That Uni- be foolish. trends or denied the human contribu- versity of Texas poll was taken again, A prime example of this sort of smart tion to warming. and the percentage of Democrats con- planning was in the Acting President I am not even sure if viewers looking vinced of global climate change had pro tempore’s home State at Point at this on C–SPAN can see it, but on risen to 87 percent in July, up from 83 Lookout, Lido Beach, and Atlantic this circle pie graph I have in the percent in March. Among Independ- Beach. These communities invested in Chamber, this little red line depicts the ents, the percentage went from 60 per- sand dune buffers—sand dune habitat 24 articles out of the 14,000. It is a tiny cent up to 72 percent. And Republican buffers. When Sandy came, they suf- fringe. The science is clear, and more and believers in climate change became a fered relatively little damage com- more Americans accept that the majority. They went from 45 percent to pared to nearby Long Beach, which had decided against maintaining a sand science is clear behind climate change. 53 percent. By August we had experienced the dune buffer and ended up with an esti- An AP poll out just last week found that 78 percent of Americans accept third hottest summer in the history of mated $200 million in property and in- the reality of climate change. the continental United States. In the frastructure damage. Coastal wetlands act like sponges The findings, like the University of West, 3.6 million acres were ablaze with during flooding events. They absorb Texas poll, break it down by political wildfires—nearly twice the August av- water. They dissipate wave energy. party: 83 percent of Democrats, 77 per- erage, and the most in the 12-year pe- They protect against storm surge. cent of Independents, and 70 percent of riod of record. They are an important part of our Republicans. So the real debate in this August also brought bad news from coastal defenses in coastal States. Nat- country is not whether humans are al- the North. The University of Colo- ural dune systems on barrier islands tering our climate but how severely we rado’s National Snow and Ice Data and beaches do the same. They are part will do so and how as a society we will Center and NASA announced that Arc- of our natural defense against coastal respond to this challenge. tic sea ice had reached a record low storms. These natural defenses must be Although some Members of this area of 1.58 million square miles—near- protected and strengthened for our fu- Chamber continue to deny the exist- ly 70,000 square miles smaller than the ture safety. And I hope that even Sen- ence of climate change, Americans are previous modern record low. Over the ators who come from landlocked States aware that our Nation is vulnerable to past three decades, average annual can appreciate what this means in extreme weather events. They are temperatures had increased twice as coastal States. aware that climate change loads the much over the Arctic as over the rest So back to Sandy. While it is impos- dice. They are aware that carbon pollu- of the world. The average extent of the sible to say specifically that climate tion continues unabated, and they are Arctic sea ice has declined by 25 to 30 change caused Superstorm Sandy, we aware that Congress has failed to act. percent in that time, and the rate of know that warmer oceans, warmer, The public is ready for us to take ac- decline is accelerating. moister air, and higher sea level all add tion, but we are not. We are, as I have September 2012. September 2012 was to the power and danger of these ex- said in a previous speech, sleepwalking. the 16th month in a row that the con- treme storms. We know that climate As Congress sleepwalks, Americans ac- tiguous United States recorded an change ‘‘loads the dice’’ for such tually are taking action on their own. above 20th century average tempera- storms. In coordination with the nonprofit or- ture. Madam President, 2012 marched us ganization 350.org, for example, stu- October finally ended that record past even more portentous milestones. dents at more than 150 colleges and streak with a temperature across the NOAA reported that November 2012 was universities across the country are lower 48 that was 0.3 degrees Fahr- the 333rd month in a row—the 333rd pressing those institutions to sell off enheit below the long-term average. month in a row—that the global the portions of their endowment port- But October also brought us, as the monthly temperature was above the folios that are invested in fossil fuel Acting President pro tempore so well 20th century average. The Earth has companies. These students are implor- knows, Hurricane Sandy, Superstorm not seen a single month below 20th cen- ing their schools to weigh the real cost Sandy. It was the largest Atlantic hur- tury average temperatures since Feb- of climate change against the drive for ricane on record, claiming more than ruary of 1985. Some of these interns greater financial returns and divest 100 lives, and the second costliest. The and pages here were born after that. from the polluters. cleanup in my home State of Rhode Is- They have lived their entire lives in This type of divestment campaign land and across the east coast—I know that environment. was employed effectively in the 1980s to most agonizingly in New York and New According to the National Climate pull investment from South Africa dur- Jersey—is still underway. This week in Data Center, 2012 is set to be the warm- ing apartheid. With American college

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.011 S19DEPT1 jbell on DSK7SPTVN1PROD with S8162 CONGRESSIONAL RECORD — SENATE December 19, 2012 and university endowments estimated you, help you, his interest in finding At that moment he was pretty proud to total more than $400 billion, this common ground, his decency, his hon- of himself, very patriotic. I am a good movement by students deserves signifi- esty, his forthrightness, and his dedica- shot. I am an American. I got that Ger- cant attention. tion to service is unsurpassed. man. They were engaged with the In the Senate key legislation such as Someone pointed out to me that enemy frequently. He shot a few more the Water Resources Development Act when Dan was first chairman of the Germans. One time he stormed a tower. must reflect the reality that our cli- House Appropriations Committee, he There was a machine gunner up in the mate and environment are changing, passed all of the measures through his tower. Danny rushed up. Prior to that that we need to prepare for these committee virtually unanimously. We time, one of the solders threw a gre- changes. We should take direct legisla- should stop and think about that for nade or shot a bazooka. It blew up tive action to mitigate climate change. just a second. This place is now so po- most of the Germans there in that We should defend the administration’s larized, it is so difficult to get meas- tower. carbon pollution standards which will ures passed. But Dan, as committee Danny stormed up the stairway, got require new and existing powerplants chairman, worked with his members so up there and there was one still alive. to clean up their smokestacks. virtually every bill in his first year was Danny’s immediate reaction was to use The United States must support the passed unanimously. There was one the butt of his gun to hit the soldier so Department of Defense, the world’s sin- that was 29 to 1. the soldier could not shoot him. Well, gle largest consumer of oil, as a leader If only we would stop and reflect on at that moment, the soldier then in energy efficiency and alternative that a bit, it would help us to work bet- reached into his pocket and pulled out fuel development for our national secu- ter together. Dan also worked very photographs, photographs of the sol- rity sake. We must extend the produc- closely with Ted Stevens. One time Ted dier’s family, the soldier’s mother, the tion tax credit as our colleague, Sen- was chairman of the Appropriations soldier’s brothers and sisters and chil- ator MARK UDALL of Colorado, has so Committee, another time the ranking dren. often and so eloquently pressed us to member. The two of them worked very Danny, in that instant, it was like an do. The American Wind Energy Asso- closely together to get measures passed epiphany. He then realized he was not ciation is pushing for a 6-year exten- through the Appropriations Com- shooting the enemy, he was not shoot- sion of the production tax credit to mittee. Other committees do the same; ing soldiers, he was not racking up sta- grow a vibrant wind power industry in the chairman and the ranking member tistics, he was killing people, a person, America. work well together. Regrettably, those a real live person. It hit him so hard he A greener economy provides a clean- measures then come out to the floor then decided he had to leave. He had to er and safer future for Americans. More and become very polarized. That toxic stop this. He could not go on killing dynamic of this echo chamber, Wash- Americans already work in the green people. industries than in the fossil fuels in- ington, DC, takes over once measures He went to the chaplain and said: dustry. A Brookings Institution report get on the floor. Chaplain, I have to leave. Everyone will talk about Danny as a found the clean economy employs 2.7 The chaplain said: Well, I under- military hero. He certainly was in so million workers. That is manufac- stand. That is your right. But maybe it many respects. When Pearl Harbor was turing and exports, the kind of jobs is best if you stay in the service. bombed, he tried to sign up, and he was Danny stayed. Danny said a lot of that support a strong middle class. But refused because he was Japanese Amer- people count sheep going to sleep at in Congress we are sleepwalking ican. The Japanese were the enemy. night. Danny stayed awake at night. through history. We are sleepwalking But he and others petitioned the Presi- He could not sleep. He was counting through history, and we must wake up; dent and he was able to finally sign up. awaken to our duties, awaken to our Danny served his country, our coun- the soldiers he shot and killed, and responsibilities, awaken to the plain try, fully over in Italy, losing an arm. that had a huge, profound effect on facts that lay all around us if only we He was such a hero, storming several him. would open our eyes and see them. German machine-gunner nests. He was Years later, the Senate was debating The public has every reason to want so brave because he was American. He the Iraq war resolution. Senator Byrd to grab us and give us a good shake. We was fighting for his country. walked up to Senator Inouye. Senator are sleepwalking through this era, Some may have mentioned, or some Byrd, as we will recall, was very much lulled as we sleepwalk by the narcotics might in the future mention, Danny’s opposed to the United States entering of corporate money, corporate money statement to many of us who went to a the war in Iraq. He stood up on the out of the polluters and their allies. We Prayer Breakfast a few months ago. Senate floor and very eloquently ex- are lulled by the narcotics of manufac- Dan did not ever go to any Prayer plained why it was the wrong thing to tured doubt planted in a campaign of Breakfasts, but he went to one. He do—the United States should not send disinformation by those same polluters wanted to explain why he did some- troops over to Iraq. and allies. But history is calling us thing. It was one of the more touching Well, Senator Byrd walked over to loudly and clearly. History is shouting moments in my memory here. It is Danny and said: Danny, I have to ask in our ears. We are oblivious, sleep- when Danny went through a bit of his you if you can support this resolution. walking along. life, explaining how he was—in Hawaii, I know you cannot because, my gosh, The people across the country and in a foster home or an orphanage, you are a war hero and given your mili- around the world are counting on us. something similar to that, and a bishop tary service. They are imploring us. We have respon- would come by monthly to each of the Danny right away said: Oh, no, I will sibilities to them. Yet in Congress, we young children, and say: What can I do vote with you because it is the right ignore the facts. We ignore our duties. for you, young lady; you, young man? thing to do. It is wrong for the United We sleepwalk on. It is irresponsible and Danny right away said: I want a States to send troops over to Iraq. it is wrong. home. And Danny explained how he Danny said it was largely because of I yield the floor. then went to live in the Security home, that experience, when that soldier The ACTING PRESIDENT pro tem- raised by nuns. That went a long way reached in his pocket and showed him pore. The Senator from Montana. to help Danny appreciate and under- photographs of his family, that it just f stand decency, working together, com- changed him. It changed Danny and munity. It meant a lot to him. made Danny realize the importance of REMEMBERING DANIEL K. INOUYE Later, at Pearl Harbor he wanted to not going to war unless it is abso- Mr. BAUCUS. Madam President, I sign up. He did and served. But when he lutely, totally necessary, and going to would like to say a few words about our explained all of this to us, he then Iraq was not necessary. close, beloved friend, colleague, Danny mentioned how he stormed—he was a I was so impressed with Danny in so Inouye. I am hard pressed to think of very good shot. He was an excellent many different ways. When I was first anyone in this body I respected and shot. He was a marksman. He was a here, Danny was assigned to defend loved more than Danny Inouye. His sharpshooter. He recounted the first Harrison Williams who was charged broad smile, his desire to work with German he shot and killed in Italy. with ABSCAM violations. I remember,

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.013 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8163 right over here on the side over here, There is a preface, written by Sen- ican people. Sometimes I am for help- Danny set up; that was his responsi- ator Mike Mansfield, at the beginning ing other nations around the world, but bility as a lawyer on the floor to defend of the book, and I would like to read after a natural disaster, while we have Senator Williams. I was stunned at this preface. It summarizes Danny. been busy rebuilding Afghanistan, how Danny’s presentation. It was so good. The life of Danny Inouye has carried him about if we rebuild New York, New Jer- It was so thoughtful. He spoke with from the streets of Honolulu into war, into sey. How about getting my commu- such authority. Sure, he was a lawyer law and political leadership in Hawaii, and, nities up and running along the coast doing what lawyers are supposed to do, now, into the Senate of the United States as of the Chesapeake Bay and commu- but as I said, it was stunning. He was the first American Senator of Japanese an- nities such as Crisfield. These people an amazing man. It may be kind of a cestry. Dan Inouye’s life is a personal tri- are not asking for a handout; they are umph, a triumph of a man’s courage and de- small thing. It may not be something termination. But his triumph is, in the end, asking for a hand up. These are the that is repeated terribly often on the the triumph of America. The recognition American citizens who pay their taxes floor of the Senate, but I was stunned which has come to Dan Inouye, like others on time. Then why doesn’t the Senate at how good he was. Other things I before him, reveals the resilient capacity of act on time? I am deeply frustrated by have also dealt with him personally on, this nation for replenishment, with energy the inertia and the parliamentary matters dealing with the Appropria- and wisdom drawn from the many roadblocks for nothing. tions Committee and sometimes on wellsprings of the human race. The story of Look what this would mean. We matters dealing with Montana. Daniel Ken Inouye, an American, is, in could show hope and help. Actually, truth, an enduring chapter in the story of I was really honored; we have this America. along the way, the very things we will tradition around here called the secret do will be creating jobs in the local Santa where we give presents secretly So, Danny, aloha. community because this is physical re- The ACTING PRESIDENT pro tem- to one of our colleagues. I drew Danny construction—and, I might add, the re- pore. The Senator from Maryland. Inouye’s name. I was Danny’s secret construction of human lives. Ms. MIKULSKI. Madam President, I Santa. I thought: My gosh, what am I The Senator from New York knows ask unanimous consent to speak as in going to do to sufficiently honor so well; she told me the moving stories morning business. Danny? of the firefighters themselves, our gal- The ACTING PRESIDENT pro tem- I thought a little bit. Years ago there lant first responders who suffered ter- pore. Without objection, it is so or- was something in Montana called the rible fires in their own home commu- dered. Devil’s Brigade. During World War II nities. What a horrible thing. I know if Ms. MIKULSKI. I would like to com- the U.S. military joined with Cana- the Presiding Officer came over with pliment the Senator from Montana on dians and set up secret training for me to the Eastern Shore and went his deeply moving and so personal rugged men, mountaineers, miners and down to the community of Crisfield, reminiscences. It was both touching loggers, and so forth to go over to Eu- she would be touched. This is a wonder- and manly. Thank you very much. It rope and help fight the war. ful community, but they have had It is interesting, this is a precursor was inspirational. some hard times. They have a 94-per- to all of special operations: Navy HURRICANE SANDY cent unemployment rate. Our agri- SEALs and Rangers and all of the spe- Madam President, I come to the culture and our seafood industries have cial operations sprung from this secret, floor—and I am so glad the Senator been hit by drought and declining spe- joint U.S.-Canadian effort in Montana. from New York is the Presiding Offi- cies. Our industries have been hard hit. It was called the Devil’s Brigade. cer—because here we are, the Chamber In these rural areas, these homes have They went over in their first big op- is vacant. It looks like the Senate is been in these communities for genera- eration to scale a cliff that was outside not moving. The Presiding Officer is a tion after generation after generation. Rome, a hill held by the Germans. The Senator from New York, along with The western shore lobbyists who Germans thought no way in the world Senator SCHUMER. I am a Senator from come in or appraisers who are looking would someone come up the cliff, so we Maryland, and we have been hit by a for Gucci waterfront property might will not defend the cliff. hurricane. We have been hit by Hurri- value these small, tidy, well-main- Sure enough, the Devil’s Brigade cane Sandy. tained homes for appraisal value, but climbed that cliff at night. They beat I come to the floor to say, as we re- the appraisal was in the hearts of my the Germans up on the top. I thought flect on the life and times of Senator people of Crisfield. Generations have this was a great gift for Danny since Danny Inouye, we should also reflect lived there. Generations have worked World War II and Italy meant so much on his work, which is to move appro- there. Generations have sent their sons for him. priations bills in a timely way—and to fight the wars—and now their But, regretfully, when I went to the particularly when that appropriations daughters. All they want is for their little ceremony, Danny was not there bill deals with the supplemental appro- country to help them rebuild, get the and I could not give him my Secret priations to meet the compelling mold out, get some assistance coming Santa gift—but it is a small thing. As human needs of our communities and in so they can buy their crab pots and I walked over here, the secretary in my our people when they have suffered a get back to work. They want their office said: Senator, you should see natural disaster. homes. They want to get their lives this. A letter came in today, just The clock is ticking. We have busi- back, and they want to get their liveli- today, this morning. It is from Danny, nesses that need to restart. We have hoods back. and it was wishing me happy birthday. homes that need to be rebuilt. In my What do we have here? Inertia. My birthday is 4 days after Pearl Har- own State of Maryland, we had a dou- When all is said and done, I am very bor, and it just poignantly hit me. This ble whammy. As the hurricane came tired that more gets said than gets was something thoughtful Danny did. forth on our coastal areas along the be- done. This is the time to act. My con- He did it himself. It wasn’t an office loved Chesapeake Bay and the Atlantic stituents truly need help, and we have letter. It was something he wrote him- Ocean, we were hit by the hurricane. been here. self. Then up in western Maryland, Garrett I am going to congratulate Senator I will just finish. There were a lot of County, called the Switzerland of MURRAY and Senator LANDRIEU, who things about Danny, but the one thing Maryland, we were hit by a blizzard—a chair the subcommittees in Appropria- I think that is so appropriate, again, blizzard. tions on FEMA and THUD because it Dan was such a statesman. He was be- Where are we now? It has been days. will be FEMA money and community loved, obviously a hero, and all the The TV cameras have left, but the development block grant money that things we like to talk about. compelling human need has not. will help these communities. Now we I would like to read a little excerpt What is the Senate facing? Inertia, are going to need the Corps of Engi- from a book. It is a preface Dan wrote. parliamentary roadblocks, and we are neers for beach replenishment, public Dan wrote his own personal history. It fussing about the budget. I believe we investments that will protect private is a ‘‘Journey to Washington’’ by Sen- need to have a more frugal, sensible property. It has been 2 months since ator Danny Inouye. government, but these are the Amer- Sandy, 2 months. Surely, we can act.

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.014 S19DEPT1 jbell on DSK7SPTVN1PROD with S8164 CONGRESSIONAL RECORD — SENATE December 19, 2012 The President has made a request. Nation is supposed to come together. The ACTING PRESIDENT pro tem- Yes, it is a hefty $60 billion. But look We are the United States of America. pore. The Senator from New Mexico. at who was hit, a big city that is one of We are not the State of New York, the Mr. BINGAMAN. I thank my col- the heartbeats of America, New York, State of Maryland, the State of league Senator LEAHY. and a little community such as Vermont; we are the United States of Madam President, what is the pend- Crisfield. But no matter whether some- America. ing business before the Senate now? Is one lives in New York City or in We have come together as a country. it an amendment to this legislation? Crisfield, MD, they deserve the help Whether the disaster has been in Cali- The ACTING PRESIDENT pro tem- from their government. fornia, on the east coast or in Southern pore. Amendment No. 3371 is the pend- I say to my colleagues, let us think States or in the West, we come to- ing business. of the people we were sent to represent. gether, and that is what we are trying AMENDMENT NO. 3344 We weren’t sent to represent a bottom to do. I would defy any Senator who Mr. BINGAMAN. Madam President, I line; we were sent to represent people. has worried about coming together to ask unanimous consent that the pend- I would hope we would put into place, help these people to go to one of the ing amendment be set aside and that I that we would pass the President’s re- homes. Go to one of the homes on Long be permitted to call up amendment No. quest. We have great policies that were Island. Go to one of the homes that has 3344 and ask for its immediate consid- arrived at—and if you truly want to been devastated. Go to one of the busi- eration. honor Senator Inouye, let us honor his nesses where we have a couple who The ACTING PRESIDENT pro tem- own code of conduct, a gentle way, a spent their whole life building up their pore. Without objection, it is so or- civil way, a consensus builder, a bipar- business, hoping to have something to dered. tisan builder, and a worker to move leave to their children, and now they The clerk will report the amendment. this bill. are looking at rubble. Come on. These The assistant legislative clerk read Senator Inouye chaired the full Com- are real people. This is the United as follows: mittee on Appropriations these last States of America. The Senator from New Mexico [Mr. BINGA- couple years. His own staff shared a I suggest the absence of a quorum. MAN], for himself, Mr. WEBB, and Mr. WYDEN, story with me, and it is relevant today. The ACTING PRESIDENT pro tem- proposes an amendment numbered 3344. He said: I chaired the Defense sub- pore. The clerk will call the roll. Mr. BINGAMAN. I ask unanimous committee, and that is how the Federal The assistant legislative clerk pro- consent that further reading of the budget defends America. But my other ceeded to call the roll. amendment be dispensed with. committees, like Labor-HHS—and I Mr. LEAHY. Madam President, I ask The ACTING PRESIDENT pro tem- might add housing, Federal disaster as- unanimous consent that the order for pore. Without objection, it is so or- sistance—is how we define ourselves. the quorum call be rescinded. dered. So those who say let us make sure we The ACTING PRESIDENT pro tem- The amendment is as follows: defend America, let us also make sure pore. Without objection, it is so or- (Purpose: To provide for the approval of an we put the money in the Federal budg- dered. agreement between the United States and et on how it defines America. f the Republic of Palau in response to Super The way we define America is when CONCLUSION OF MORNING Typhoon Bopha) one community is hit, all communities BUSINESS At the appropriate place, insert the fol- are hit. If New York is hit, Crisfield or lowing: Ocean City, all communities have been The ACTING PRESIDENT pro tem- SEC. ll. APPROVAL OF THE 2010 U.S.-PALAU hit. We need to act like the United pore. Morning business is closed. AGREEMENT IN RESPONSE TO States of America because the disaster f SUPER TYPHOON BOPHA. (a) IN GENERAL.—The agreement entitled the Chair and I faced 2 months ago DEPARTMENT OF DEFENSE could be somebody else’s disaster to- ‘‘The Agreement Between the Government of APPROPRIATIONS ACT the United States of America and the Gov- morrow. And the real disaster should ernment of the Republic of Palau Following not be in the Senate because we failed The ACTING PRESIDENT pro tem- pore. Under the previous order, the the Compact of Free Association Section 432 to act. Review’’ signed on September 3, 2010 (includ- I call my colleagues to the floor, and Senate will resume consideration of ing the appendices to the agreement) (re- I call them forth to pass these appro- H.R. 1, which the clerk will report by ferred to in this section as the ‘‘Agreement’’) priations. I look forward again to title. is approved (other than Article 7 to the ex- working on both sides of the aisle to The assistant legislative clerk read tent it extends Article X of the Federal Pro- have a safer country from either a de- as follows: grams and Services Agreement) and may A bill (H.R. 1) making appropriations for only enter into force after the Secretary of fense or a disaster perspective, and I State, in coordination with the Secretary of also look forward to moving this bill in the Department of Defense and the other de- partments and agencies of the Government the Interior, enters into an implementing ar- a way that we will define our country, for the fiscal year ending September 30, 2011, rangement with the Republic of Palau that that we are a country that helps, and for other purposes. makes the adjustments to dates and neighbor helping neighbor. amounts as set forth in Senate Amendment Pending: I yield the floor. 3331. Mr. LEAHY. Madam President, I Leahy (for Inouye) amendment No. 3338, in (b) AMENDMENT.—Section 105(f)(1)(B)(ix) of wish to praise the senior Senator from the nature of a substitute. the Compact of Free Association Amend- Leahy (for Inouye) amendment No. 3339 (to Maryland. I was out here listening to ments Act of 2003 (48 U.S. C. 1921d(f)(1)(B)(ix)) amendment No. 3338), of a perfecting nature. is amended by striking ‘‘2009’’ and inserting what she said but not just the words. Merkley amendment No. 3367 (to amend- ‘‘2024’’. She believes them. It is a passion. She ment No. 3338), to extend certain supple- (c) FUNDING.— cares. mental agricultural disaster assistance pro- (1) IN GENERAL.—There are appropriated to She and I have served on the Appro- grams. the Secretary of the Interior such sums as priations Committee for about 100 or McCain/Coburn amendment No. 3355 (to are specified to carry out sections 1, 2(a), 200 years, I think. She was a child when amendment No. 3338), to strike funding for 4(a), and 5 of the Agreement for each of fiscal the Emergency Forest Restoration Program. years 2014 through 2024. she went there, but we have served Tester amendment No. 3350 (to amendment there together. We both have lost one (2) AVAILABILITY.—Amounts appropriated No. 3338), to provide additional funds for wild under paragraph (1) shall remain available of our dearest friends, Senator Inouye. land fire management. until expended. But over and over in that committee, Coburn/McCain amendment No. 3371 (to (3) EMERGENCY DESIGNATION.—Amounts ap- I have heard her stand and say: People amendment No. 3338), to ensure that Federal propriated under paragraph (1) are des- are involved. These are human beings, disaster assistance is available for the most ignated by Congress as being for an emer- and we ought to stand up for them. severe disasters. gency requirement pursuant to section 4(g) As the distinguished Presiding Offi- Mr. LEAHY. Madam President, I see of the Statutory Pay-As-You-Go Act of 2010 cer knows, because she represents New the distinguished senior Senator from (Public Law 111-139; 2 U.S.C. 933(g)). York State, when we have a disaster of New Mexico on the Senate floor, and I Mr. BINGAMAN. Madam President, this unbelievable amount, the whole yield to him. this is an amendment offered by myself

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.016 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8165 and cosponsored by Senators Webb and The compact also provided Palau working and so loyal and have pro- Wyden. It would provide for the ap- with an initial 15-year term of assist- duced so much in 20 years for our State proval of an agreement between the ance that ended in 2009. The agreement and Nation, and I thank them. United States and the Republic of would extend and phase out U.S. assist- I want to thank my colleagues and Palau in response to Supertyphoon ance by 2024. Congress has provided all the people who work here, the Sen- Bopha. stop-gap funding since 2009, but the De- ators, but also those who work behind Few people are aware that as Hurri- partment of Defense wrote to our com- the scenes to make our lives as good as cane Sandy was making its landfall in mittee—the Committee on Energy and they can be with the hard hours we all the northeastern part of our country, Natural Resources—in April of 2011 have; those who keep our buildings safe the United States, a supertyphoon stating: and clean, who work in the libraries, known as Bopha was tracking a path of Failure to follow through on our commit- the shops, the cafeterias, and who destruction across the western Pacific. ments to Palau, as reflected in the proposed guide tens of thousands of tourists The Republic of Palau, which is one of [agreement], would jeopardize our defense through our Nation’s beautiful Capitol our closest allies and with which we posture in the Western pacific. each year. are tied by a strategic alliance known The agreement provides for the I want to thank my husband Ray and as the Compact of Free Association, phaseout of financial assistance for op- our two children Bailey and Houston. was struck by Bopha on December 2, erations, construction, and mainte- They are 11 years old now, and so many causing extensive damage. The Presi- nance. The Congressional Budget Of- of my colleagues who were here when I started bringing my children as babies dent of Palau declared a state of emer- fice’s 10-year budget estimate for di- have watched them grow up. The Sen- gency, and the U.S. President, acting rect spending is $171 million. This U.S. ate isn’t easy on families. They have through the Department of State, commitment to future funding would sacrificed so I could serve the people of issued a disaster declaration for Palau. make a crucial contribution to Palau’s Texas, and I am grateful for their pa- This massive storm went on to kill efforts to respond and recover from tience and generosity. They have loved over 1,000 people in the Philippines. this present disaster. coming to the Capitol—11 years for the Fortunately, there were no deaths in U.S. failure to respond to the needs children and 20 for my husband Ray. Palau, but high winds and storm surge of this strategic ally in its time of need And I know my children’s fondest and torrential rains caused widespread by simply approving the already signed memory, if I ask them what do they re- damage. agreement would signal to Palau and member most about visits to the Cap- A week ago the Ambassador from to most other nations in the Pacific Palau, the Honorable Hersey Kyota, itol, is playing soccer in the Russell that the United States is an unreliable Building’s hallways in the evenings wrote to me as the chair of the Com- partner. So I urge the support of my when the coast is clear. mittee on Energy and Natural Re- colleagues for this amendment and for I would not be here today if it were sources, which has jurisdiction for as- approving the agreed-to assistance to not for my parents who gave me the sistance to nations that are in free as- Palau so they may have the resources gifts of strong values, unwavering sup- sociation with the United States. The needed to respond to Supertyphoon port, and education to be whatever I Ambassador asked for my help in re- Bopha. wanted to be. I must say that my par- sponding to the disaster, but he did not Madam President, I yield the floor, ents were surprised when they saw ask for additional funding. Instead, the and I suggest the absence of a quorum. what I wanted to be. They would never Ambassador asked that the agreement The ACTING PRESIDENT pro tem- have thought that their daughter, on future assistance that was signed pore. The clerk will call the roll. growing up in LaMarque, TX—a town between the United States and Palau The assistant legislative clerk pro- of 15,000 good people—would think she in 2010 be added to this emergency sup- ceeded to call the roll. could be a United States Senator. We plemental so the funding already Mrs. HUTCHISON. Madam President, had a wonderful public school system, agreed to by representatives of the I ask unanimous consent that the order and I am proud to say I am a product United States would become available for the quorum call be rescinded. of public education. My public schools for disaster relief and recovery in The ACTING PRESIDENT pro tem- in LaMarque—which were excellent— Palau. pore. Without objection, it is so or- and my University of Texas and Uni- I fully support the request by the dered. versity of Texas Law School prepared Ambassador. I am glad to have the co- f me to be what I could be. sponsorship of my colleagues Senator FAREWELL TO THE SENATE It has been a privilege to walk these WEBB, who is chairman of the Asia-Pa- halls in the Capitol of the world’s cific subcommittee, and Senator Mrs. HUTCHISON. Madam President, greatest and longest serving democ- WYDEN, who, of course, is the incoming I rise today to address this Chamber racy. chair of the Energy and Natural Re- for possibly the last time as the senior I think back to the days that stand sources Committee, and I urge my col- Senator from the great State of Texas. out in our memories. September 11, leagues’ support of the amendment. I have to say it is an ironic note that 2001, of course, is the one none of us The amendment tracks S. 343, which if I had given my farewell address last will ever forget. We know exactly was introduced by me in February of week, there would have been so much where we were the minute we knew 2011. At that time it was cosponsored joy in the halls of the Capitol, ringing there was a terrorist attack on Amer- by Senators MURKOWSKI, AKAKA, and with the laughter and the anticipation ica. And though we suffered a horrific WEBB. The agreement to be approved of our season’s happiest time. But in attack, the strength, resilience, and ex- would revise and update the Compact just one weekend, a sadness has set in traordinary acts of kindness of the of Free Association that has governed with the news of a massacre of inno- American people showed the world that U.S.-Palau relations since 1994 by ex- cent children in Newtown, CT, followed attempts to destroy our way of life tending and phasing out financial as- by the loss of our wonderful colleague, would never succeed. On that day, no sistance over 11 years. Senator Danny Inouye. one could get in or out of Washington Palau is an island nation located So I will leave this extraordinary in- and many communications networks strategically between the U.S. terri- stitution and experience with a heavy were inoperable. So when the Pentagon tory of Guam, the Philippines, and In- heart for those who have been lost in was hit and the Capitol was evacuated, donesia. Captured in World War II, the last few days. my staff and I walked one block to my Palau became part of the U.S.-adminis- I want to thank the people of Texas home on Capitol Hill. Just as an exam- tered Trust Territory of the Pacific Is- for asking me to represent them in ple, the husband of my office manager lands. In 1994 Palau became a sovereign Washington. I want to thank the many worked in the section of the Pentagon nation in free association with the people who have served on my staff for that had been hit, so we were on the United States under a 50-year compact almost 20 years. I have to say I am one phone that we had to hospitals, the that grants the U.S. military rights touched that both benches on both police, anyone we thought might be that the Department of State calls sides of this room are filled with my able to tell us if he was safe. Thank- ‘‘vital to our national security.’’ staff members who have been so hard- fully, he was fine. But there were so

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.018 S19DEPT1 jbell on DSK7SPTVN1PROD with S8166 CONGRESSIONAL RECORD — SENATE December 19, 2012 many who waited for hours, who called Let me give you some examples of ator MIKULSKI whispered to me during hospitals, to hear from their loved how relationships can produce results. this time, KAY, if we were here Monday ones. Sometimes the news was a relief During the anthrax scare, the Hart and we went to the Chamber of Com- and sometimes they waited in vain for Building was closed for a month, which merce, would these people look like good news. made it very difficult, of course, for this? And I said, Yeah, pretty much. I have to say it was an incredible mo- Senators based there to do their work. Senator MIKULSKI and I also teamed ment when the Senators who could find So Senator DIANNE FEINSTEIN’s staff up to pass the Homemaker IRA, to each other, wherever they had gone joined in my offices in the Russell make sure our stay-at-home moms and from the Capitol, finally gathered late Building. My chief of staff at the time dads would have the same opportunity afternoon in the Capitol Police head- gave them full access. One of Senator for retirement security savings that quarters to talk to our leaders who had FEINSTEIN’s staff members commented those who work outside the home have, been taken to an undisclosed location. on that: A Republican office giving and it has been a huge success. We also They said, We don’t want anyone to Democrats free rein? But my chief of cosponsored the National Breast and come, but we were going to the steps of staff said, They had full access because Cervical Cancer Early Detection Pro- the Capitol to hold a press conference. we trusted them. gram. She is a skilled legislator and a We don’t want anyone there because we Senator FEINSTEIN and I have teamed dear friend. don’t know if it is safe, but we want to up to pass important legislation—the Senator JAY ROCKEFELLER has been tell the press that we are going to open Hutchison-Feinstein Overseas Basing an outstanding chairman of the Com- for business tomorrow and do the Na- Commission—that studied the training merce Committee. We don’t always tion’s business, even though there was capabilities and costs of overseas mili- agree, but as the lead Democrat and suspicion that the Capitol had been on tary bases to determine their value Republican we have worked hard to the terrorists’ list of targets. compared to American bases. This re- reach consensus, and we have gotten Every single one of the Senators— sulted in consolidation and closures things done—the FAA bill, started the and I think there were 60 to 70 who had that brought thousands of troops back planning for the next generation of air made it to the Capitol Police head- to the United States where training traffic control systems; the highway quarters—did come to the Capitol and rapid deployment were superior. bill; the NASA reauthorization that en- steps, as did Members of the House of We passed the Feinstein-Hutchison sured we would keep the focus on our Representatives. After the press con- Breast Cancer Research Stamp bill space program that has been instru- ference was held by the leaders, all of that, through voluntary purchase, has mental in our national security and the several hundred who had gathered raised $72 million for breast cancer re- economic development, with tremen- spontaneously broke out singing ‘‘God search. That was Senator FEINSTEIN’s dous help from Senator BILL NELSON, Bless America.’’ That was a time that idea. And Senator FEINSTEIN and I took who is the only one among us today said this is the strength of our country the Amber Alert for abducted children who has actually been into space. and we will not be defeated. nationwide, which has accounted for In a Congress that has been marked As I exit the Senate, I am aware that rescuing almost 600 children since its by little progress, we have found a way we are divided as a legislative body and passage. forward. For some, that might not be as a country. I do not think we have I remember when Senator Hillary something to take pride in. But we different goals—not here, and not in Clinton stopped by with her chief of America—but we do have different have served the American people by staff to wish me happy birthday the passing legislation that keeps the ways of reaching them. Congress suf- first year she was in the Senate. It was fers a great deal of criticism for par- country running, and I am very proud just a few months after she had ar- of what we have been able to accom- tisan acrimony. But while we may dis- rived, and my staff was surprised—and agree politically and air our opposition plish. Our Commerce Committee has possibly a bit star-struck—to see the in this Chamber, it is the conversation been one of the most productive in the former First Lady walk into the room. behind the scenes that cements and de- whole Congress. And I count him as a We went on to work together on Vital fines our relationships. I will leave the friend. Voices, a global partnership dedicated Senate knowing I have worked with MARIA CANTWELL and HARRY REID to supporting and empowering women men and women of great patriotism, and I have worked to address the issues leaders and social entrepreneurs in intellect, and heart on both sides of the of our State’s taxpayers to have the emerging economies. We also teamed aisle. same deductions as those who have in- I wish to thank my colleagues, Dem- up with Senators MIKULSKI and COL- come taxes, though we do not, and that ocrat and Republican, for the many LINS to assure public schools had the parity has been so important. wonderful years working together. We option to offer single-sex schools and Leader MITCH MCCONNELL has guided seconded one another at times and en- classes, after I visited with Secretary our party and our conference through gaged in rigorous debate in others. Yet of Education Rod Paige the Young the past 6 years. He is a gifted leader the American people should know that Women’s Leadership Academy in the and one whom I have witnessed time either way, we are collegial and we all Harlem area of New York City—one of and time again come up with strategies understand that our States have dif- the first and most successful pilot that have gotten things done in the ferent needs and there will be dif- projects for girls’ public schools, with right way. ferences in priorities. But in the Sen- which I know the Presiding Officer is Senator JON KYL and I have worked ate, an adversary today will be an ally very familiar. on immigration and death tax relief. tomorrow. It is a rare occasion for acri- I remember the time I invited Sen- Senator LAMAR ALEXANDER and I have mony to turn personal. ator BARBARA MIKULSKI to Texas, be- championed the America Competes It would be my parting hope that this cause she and I have worked together Act, so we would continue the priority collegiality will not be lost. Protecting supporting NASA for so many years, of scientific research and that we the rights of the minority has assured and this year she has been chair and I would never fail to invest in research that every Senator’s voice is heard and ranking member of the Appropriations because it is the sequel for our econ- every State represented is heard, as in- subcommittee funding NASA. We went omy. tended by our Constitution. Open de- to visit the Johnson Space Center be- I am very pleased the distinguished bate and open amendments are what cause I wanted her to see the great ranking member of the Judiciary Com- differentiate the Senate from the work they are doing there. Then I took mittee and the Finance Committee— House. her to the Houston rodeo because I Finance Committee now and Judiciary When our committees function, we wanted her to see the Texas culture. before—is also on the Senate floor. He pass bills in vigorous markups, we put Well, I am not sure the Senator who has been a wonderful friend to me, the bills in shape for floor debate. If grew up in the inner city of Baltimore helping me in my very first election they don’t go through committees and knew exactly how people would dress when he was the rock star at my fund- are not allowed floor amendments, the at the rodeo, but suffice it to say there raisers in Texas. I thank Senator ORRIN quality of the legislation suffers and were a lot of rhinestones and cowboy HATCH for his long membership in this mistakes are often made. boots and big hair and big hats. Sen- body.

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.019 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8167 I have had the wonderful, good for- tary. Visiting with them where they know the torch will be carried on by tune to serve with two colleagues from are in harm’s way across the world is the next generation. my home State. First, Senator Phil one of the most moving of all experi- It is no secret that Texans have a Gramm, who was a wonderful mentor ences. I will never forget the first time, particular sense of state pride. I am no and colleague. They broke the mold in the early 1990s, flying into Sarajevo exception. I have deep Texas roots. The after Senator Gramm. We always en- in an undercover C–130 that was dis- Senate seat that I hold first belonged joyed our school rivalry—he being a guised as a Red Cross delivery of peas— to Thomas Jefferson Rusk, my great- Texas Aggie and me being a University 2,000 pounds of peas that we actually great-grandfather’s law partner and of Texas alum—they like to call them had on the C–130—and I have to say my good friend. They both signed the hopeless Tea-sips, but we are proud good friend, Danny Inouye, was on that Texas Declaration of Independence Longhorns. trip with us, as I look over at his from Mexico in 1836. That history re- I have had a great relationship with empty desk with the white flowers, as minds me every day that we must pro- my other Senator, who is soon going to was Senator Ted Stevens. We flew in to tect the freedom that so many of our be the senior Senator from Texas, JOHN see our troops in Bosnia. ancestors fought to produce and retain. CORNYN. JOHN CORNYN, I am very Later I went back to Bosnia to spend My colleague sitting on the Senate pleased to say, is going to get the op- Easter with our troops where we had floor is in the Sam Houston line, and portunity that I have had all these the most beautiful Easter sunrise serv- that is a proud line too. Thomas Jeffer- years when people trip up and intro- ice I have ever attended or ever will. It son Rusk and Sam Houston were the duce me as the senior citizen of Texas. was in an open-air hangar with our Commander in Chief and Secretary of I turn that mantle over to my col- service men and women who were de- War of the Texas Army when we fought league, Senator CORNYN. ployed there. For the first time it was for independence. It is so fitting that I am very proud he is going to be the a Texas Guard unit that was in com- those two were our first two selected deputy Republican leader in the next mand of the base, and it was the first Senators when Texas became a State in Congress. I know he is going to be a time since the Korean war that we had 1845. steady hand at the wheel as we try to a Guard unit in command of an oper- Each summer I take a week to tour steer the ship of state in the right di- ation overseas. They did a great job, one part of Texas on a bus. It has been rection. He has proven time and again which led to many Guard units from so much fun. We did the first one, that his steady leadership is the one other States also to take command of which was the El Camino Real de los that rises to the top. I thank him for bases and operations. Tejas that we had just passed a bill to being on the floor as well today. I flew out of Baghdad—this was in designate as a national historic trail, In fact, I want to praise our entire the last few years—in another C–130 and we went from the Louisiana border Texas congressional delegation. We when there were no lights on the plane to the Mexican border. It took us a call it Team Texas. It is a spirit that and no lights on the runway to make week on the bus. It was so great that holds our delegation together, Repub- sure there was no clue to the enemy we have done it every year since in a licans and Democrats. I have noted that we were leaving when they were different part of Texas. It is my State that there are those in Washington firing missiles around the airport. Or staff’s favorite week of the year as who think Texans are a little too loud, the times I had visited Afghanistan, well. and we have a little too much fun, but where the first time I visited with Sen- I am one of the few to have had the I can assure everyone that Team ator MCCAIN, our troops were sleeping opportunity and the absolute pleasure Texas’ hearts are as big as our mouths. on cots. There were probably 600 or 700 to visit all 254 counties in Texas. I have It has been a long and wonderful 19- cots in an old Russian-built aircraft met Texans from all walks of life who plus years. We hit the ground running, hangar, before anything had been have opened their homes, their busi- and we have never stopped. When I was brought in for living quarters for our nesses, and shared their stories. first elected in a special election in troops. All of their belongings were I will be sad to leave, but it is time. 1993, we had two—actually four full under their cots, and that was all they I believe strongly that we should keep planeloads of people flying up for my had for that first mission into Afghani- the lifeblood of Congress pumping. It is swearing in. Because it was a special stan. good to have new waves of legislators election, we filled the entire gallery. I have always been one who has such come in with fresh ideas and perspec- Those rowdy Texans were so happy to great respect and gratitude for our men tives after every election. But while I watch my little swearing in ceremony. and women in uniform. They put their believe that new generations should in- It was a great day for me, as well as lives on the line and pledge to give vigorate Congress, I also want to say a my wonderful and loyal friends and their all for our freedom. The power to few words of praise for experience. supporters. wage war is an enormous one, and the Knowing the history of an issue is es- I started having weekly constituent weight of its responsibility should rest sential to monitor progress. Knowing coffees that first year because there heavy on our shoulders. what an agency should be doing, know- were so many visitors from Texas and I leave this Chamber proud to have ing what was put in law and why allows I wanted to make sure at least there worked to assure our men and women for better oversight. The expertise of was one time every week that any in uniform have the best training, the our longer serving Members is an es- Texan who was here who wanted to see best equipment, and the quality of life sential part of good governance. me could come and visit and was wel- to do the job we are asking them to do. I hope some of the priorities I have come. So every Thursday morning Because of my deep respect for our championed will continue. Investment around 9 or 9:30, the person in charge of Armed Forces, my first choice of com- in science, technology, and higher edu- this first effort was the wife of a three- mittees when I came in 1993 was Armed cation and encouraging more young star general who volunteered her time Services, and I was honored to be the people to study science, technology, in our offices. I think it was as much first woman in 20 years to chair a sub- engineering, and math, known as her handling of the event as the idea committee on Armed Services. The STEM, will make sure we are bringing itself that has led many other Senators woman before me was Margaret Chase forward those young minds with the to take up this practice and get a Smith. As the only woman to chair the creativity and the engineering back- chance to always visit with their con- Senate Republican Policy Committee, I ground to create the economies for the stituents at least once a week if they was pleased to be a part of Republican future. It is so important. This has were otherwise going to committee leadership for many years—again, the been the lifeblood of our economy, and meetings or having to do their work first since Margaret Chase Smith. it must continue. and were not able to see everyone. I When I was first running for office I Saving the manned space exploration want to thank Gert Clark for putting said I wanted to make things better for program and ensuring the long-term her stamp on our Senate hospitality. our sons and open for our daughters. I future of NASA is an essential gener- Some of the most powerful moments leave the Senate knowing that January ator for our economy. Ensuring that that will stay with me forever were will see the greatest number of female stay-at-home moms and dads who spent with our members of the mili- Senators in our Nation’s history. I worked so hard raising children and

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.028 S19DEPT1 jbell on DSK7SPTVN1PROD with S8168 CONGRESSIONAL RECORD — SENATE December 19, 2012 contributing to the community have say she pretty much singlehandedly ing supporters of NASA and human spousal IRAs to save for retirement, saved from being BRACed the last time space flight. NASA has contributed his- and easing the marriage penalty by that occurred—from Sheppard Air torical technological breakthroughs doubling the standard deduction—these Force Base in Wichita Falls to the that have benefited all Americans. KAY are a few of the things I hope will con- Naval Air Force Base in Corpus Christi appreciates the vital importance of tinue to be championed as I leave. in the south. Not only has KAY worked basic scientific research, long-term It has been such an honor to serve in to provide our troops with the re- American prosperity, and she appre- the Senate. I leave with the hope that sources they need, she has done a ciates the role NASA has played in fos- the values that built America into the whole lot to help returning veterans tering innovation. She has long said greatest Nation on Earth will be pro- and, of course, their families. and advocated for support for NASA tected so that future generations will We always talk about supporting our because she believes that when we sup- have the same opportunities we have troops when they are deployed over- port NASA, we are supporting tech- had in this great country, opportuni- seas, but we spend less time—indeed nologies and the jobs of the future. ties for which our forebears sacrificed not enough time—discussing ways to That is why KAY has done so much to so much. help them assimilate back into civilian help the Johnson Space Center and our I yield the floor. life. As the son of a U.S. Air Force vet- universities to promote Texas as a re- The PRESIDING OFFICER (Mr. eran who spent 31 years in the Air search State. FRANKEN). The Senator from Texas. Force, I am acutely aware, as KAY is, it Her beloved University of Texas is Mr. CORNYN. Madam President, Tex- is not just those who wear the uniform grateful for her support over the years, ans have a profound sense of history, who serve but their families as well. which is one reason they will soon and it is only appropriate that Senator Many returning vets and their fami- launch the KAY BAILEY HUTCHISON Cen- HUTCHISON should mention the fact lies encounter a whole range of social ter for Latin American law. that we both come from long lines of and economic hardships that can be KAY has also crafted legislation that Texans, starting with Thomas Jeffer- hard to overcome. Most notably, the has benefited some of the most vulner- son Rusk, who first held her Senate unemployment rate among our return- able Americans. Her work on behalf of seat, and Sam Houston, who held the ing vets from Afghanistan and Iraq is missing and exploited children includes Senate seat I hold. I will never forget significantly higher than for the gen- the national AMBER Alert Network, Senator HUTCHISON coming to the floor eral population, something I know KAY which she introduced back in 2003. As of the Senate every March 2, Texas has worked on extensively. She has she said earlier, this law has helped to Independence Day, and regaling the also worked to get our veterans the rescue more than 570 abducted children Chamber with Travis’ letter from the medical assistance, the job training, who would not have benefited but for Alamo, reminding everyone about an- and the financial support they need. In- her work. That is a remarkable other important event in Texas his- deed, I don’t know of any Senator who achievement, and it is more than just a tory, a tradition which she carried on has done more to help America’s heroes number when we count the human lives after Senator John Tower did for so adjust to life after the military. That which have been so dramatically af- many years when he served here. is just one of the reasons why she will fected by her work. A final note. As I said, Senator This is a historic moment for many be sorely missed. HUTCHISON has made history serving as reasons. First, because we are paying Here is another reason KAY will be tribute to an extraordinary woman missed. She has fought time and time a first woman to serve the great State who has made history by being the again to promote tax relief for hard- of Texas in the Senate. KAY has always been a pioneer of sorts. As a father of first Texas female United States Sen- working Texas families. In the mid- two daughters, that means a lot to me. ator and someone who has spent the 1990s, as she alluded, she helped to cre- I am used to being surrounded at home last two decades fighting for common- ate the so-called homemaker IRA to by strong, intelligent women, but hav- sense values in our Nation’s Capitol. make sure stay-at-home moms and ing served with KAY, I have also been a While it is hard to summarize Senator dads were able to save for their retire- partner with a strong, intelligent HUTCHINSON’s great work in just a few ment on an equal basis with their Texas woman. KAY has been a role short minutes, I am going to try. I am counterparts who worked outside the model for so many young women, not going to try to highlight some of her home. I know it is one of her proudest just in Texas but throughout the signature achievements and explain achievements, and I am proud to join United States. I am honored to be her why she enjoys such outstanding sup- with the Senator from Maryland, Ms. colleague and I am proud to be her port from her constituents back in our BARBARA MIKULSKI, in attempting to friend. great State. rename this IRA the KAY BAILEY Senator KAY BAILEY HUTCHISON To start with, I cannot think of any HUTCHISON spousal IRA in her honor. I leaves behind a tremendous legacy of Senator serving in this Chamber who hope we can join together and honor which she, Ray, and her children can be works harder than KAY BAILEY Senator HUTCHISON by getting that proud. She has a legacy that will long HUTCHISON. Sometimes I affectionately done before we close out our business be celebrated by Texans from El Paso refer to her as the Energizer Bunny of this year. to Caddo Lake and from Amarillo to the Texas delegation. She is tireless KAY, of course, has always cham- Brownsville. Everyone in this Chamber and she is relentless in her pursuit of pioned the State sales tax deduction, will miss her, and I know I speak for what she believes is in the best inter- which may not seem like a big deal to all my colleagues when I wish her the ests of the constituents in our State. others in this Chamber, but it is a big very best in the next exciting chapter As she mentioned, she has been a deal back home in Texas as a matter of of her life. tireless advocate for Texas military fundamental fairness because we don’t I join with my colleagues in saying families. We take great pride in the have a State income tax. I daresay we to the Senator, vaya con dios. fact that 1 out of every 10 individuals never will have a State income tax as I yield the floor. who wears the uniform of the U.S. mili- long as I draw a breath. However, we do The PRESIDING OFFICER. The Sen- tary calls Texas home. Of course, some pay State sales taxes, and it is only ator from Utah. of the most powerful tributes to KAY’s fair that Texas enjoys the same sort of Mr. HATCH. Mr. President, I wish to legacy are what I have heard from our deductibility for the State sales tax join everyone here in thanking KAY for men and women in uniform. that other States have enjoyed for the her great service in the Senate. I have It is no exaggeration to say every State income taxes. worked closely with her on a wide vari- military base in Texas has felt the im- KAY has also worked to reduce the ety of issues. I have to say she is a pact of her work on various Senate marriage penalty tax. She has been a fierce advocate. In fact, I have to say committees. I know how deeply proud strong defender of taxpayer interests, all our women Senators have been KAY is of the work she has done to help and her efforts have made the Tax Code fierce advocates, and we have benefited the troops stationed in Texas from less hostile to saving and to families. from them being here. Fort Bliss in the west to the Red River She alluded to her great work with KAY has paved the way for Senators— Army Depot in the east—which I dare NASA. She is one of the Senate’s lead- both male and female—to truly become

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.029 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8169 better Senators and in many cases spite the fact they are North vs. South, terrific Senator, KAY BAILEY great Senators. KAY BAILEY HUTCHISON cowboy boots vs. snowshoes, mesquite HUTCHISON, and to wish her much suc- is a great Senator. She worked her guts vs. pine. cess in her further efforts. I know she out the whole time she was here. She is One of the things we have in common will provide great leadership in what- still here, but she is going to retire at is water. Our States are, economically, ever she is doing. It has been wonderful this time and she has represented historically, and culturally tied to to watch over the years, seeing the pic- Texas well. great waters: Texas to the Gulf of Mex- tures of Bailey and Houston and how All I can say is she has been my ico, Michigan to the Great Lakes. And they have grown, celebrating and going friend all this time. When I needed help this shared interest has afforded me to baby showers. On top of all the other from her, she was always there. I tried the pleasure of working alongside Sen- accolades today, Senator HUTCHISON is to be there for her when she needed ator KAY BAILEY HUTCHISON, a true a devoted and wonderful mother to two help as well. She has not only been a Texas pioneer. beautiful children. delightful person to be around but a As the lead cosponsor of the Harbor As everyone has said, she is the first very intelligent lawyer. She fought for Maintenance Act, Senator HUTCHISON and only woman to represent Texas in what she believed—most of which I be- has been an invaluable ally in the ef- the Senate and will always have that lieved in—in a way nobody could truly fort to ensure that America’s harbors distinction of opening doors and bar- ever get mad at KAY BAILEY receive the maintenance funding they riers. I know she agrees with me that HUTCHISON. need to help our economy grow. Her ef- once the doors open, we want to make She is a wonderful person, wonderful forts were instrumental in recruiting sure more women are able to walk mother, and we are going to miss her 37 cosponsors on our bill and in secur- through that door as well. terribly. This is a body where we could ing language regarding harbor mainte- I wish to congratulate her for all she use a few more women Senators— nance for the first time in a transpor- has done. We have come together to maybe a lot more than a few. They are tation bill. Her efforts have made a sig- fight for opportunities for women very good people who work very hard nificant difference in the lives of the around the world at the Senate Wom- and not the least of whom is KAY BAI- thousands of American workers whose en’s Caucus on Burma and other efforts LEY HUTCHISON. jobs are directly tied to well-main- she has led. I am very supportive of I remember at times when I had dif- tained harbors, from the Port of Gal- adding her name to the spousal IRA ficulties with the BRAC system and veston to the scores of ports dotting law. I think that is a very fitting trib- difficulties with special NASA prob- Michigan’s shoreline. ute, and I am hopeful we can get that lems, and so forth, we always worked Senator HUTCHISON has shown impor- done as well. together. We could always count on her tant leadership on other transportation I just want to congratulate her. to come up with intelligent solutions issues, such as a more equitable for- I do want to have the opportunity to to some of the problems that should mula for Federal surface transpor- talk about something else, but I see my not have existed but did. tation funding, and for adequate fund- friend wanting to say a few words. I have personally appreciated her ing for State maritime academies, in- Mrs. HUTCHISON. Mr. President, if very much during those times and in so cluding academies in Texas and Michi- the Senator would yield for just a mo- many other ways as we worked to- gan, that help meet the needs of our ment to let me say thank you to all gether on legislation to help this coun- commercial shipping industry as well the wonderful Senators who have spo- try and as we worked to represent our as the Department of Defense. ken and said nice things. It is one of respective States. I have so much re- She has been an able and dedicated the few times Senators sort of pause spect for Texas, the people of Texas, advocate for our Nation’s veterans. She and wish someone well, as they are and what they stand for. I have great pioneered the concept of the home- respect for these Texan Senators who maker IRA, which helped millions of leaving. It has truly been very touch- are two of the best we have ever had in American women achieve greater re- ing, and I appreciate the kind words of the Senate. tirement security. She has ener- the Senator from Michigan. It has been Senator HUTCHISON has been an ex- getically pushed for stronger science a distinct pleasure to have colleagues emplary Senator, not just for women and educational programs, including on both sides of the aisle feel we have but for all of us. She has also set some the establishment of a groundbreaking done so much together. My hope is that standards that I think both women and medicine, engineering, and science as I am going out the door, the male Senators are going to have to try academy in her State. collegiality of the Senate will never to emulate. We shouldn’t be surprised at these change. I just want say to the Senator that and other successes. When she first Thank you. we love her, we appreciate her, and we graduated from the University of Texas I yield the floor. wish her the very best. We are going to Law School, she bumped up against the The PRESIDING OFFICER. The Sen- miss her. This is one Senator who will misguided tendencies of the law firms ator from Michigan. miss her greatly, and I want her to at the time to dismiss female can- f know that. All I can say is God be with didates, no matter how talented. Un- DEPARTMENT OF DEFENSE her. daunted, she walked into a local TV APPROPRIATIONS ACT—Continued I yield the floor. station and asked for a job as a re- The PRESIDING OFFICER. The Sen- porter and became the State’s first fe- THE FARM BILL ator from Mississippi. male television reporter. She took a Ms. STABENOW. Mr. President, I Mr. COCHRAN. Mr. President, I am detour, but her experience covering also wish to speak about the impor- pleased in joining my colleagues in politics led to the Texas House of Rep- tance of passing a farm bill today and commending and congratulating our resentatives, the State treasurer’s of- thank the Senator from Texas for her distinguished colleague from Texas. fice, and eventually to become the first support as we passed a strong bipar- Her service in the Senate has truly Texan woman elected to the U.S. Sen- tisan farm bill in the Senate back in been outstanding and she has made an ate. June when sent it over it the House of impact in our Committee on Appro- The Senate will miss her dedication, Representatives. priations. We have deliberated about her quite effectiveness, her ability to We have had 80 days since the farm the funding of all the Federal agencies seek practical, bipartisan solutions. bill expired. That is 80 days that farm and departments of the Federal Gov- She has made a habit of making his- families and small businesses have ernment. She has been very careful. tory, and I wish her the best in what- been holding their breath and wanting She is very serious about her respon- ever history-making endeavors she to know what is going to happen in sibilities, and I am glad to be here turns to next. rural America and agriculture across today to wish her well in the years I yield the floor. the country. I have not given up, nor ahead and compliment her on a very The PRESIDING OFFICER. The Sen- have other colleagues here. Certainly, distinguished career in the Senate. ator from Michigan. my partner here in the Senate, Senator Mr. LEVIN. Mr. President, Michigan Ms. STABENOW. Mr. President, I ROBERTS, and our partners in the and Texas have much in common, de- rise also to congratulate and thank a House, including Chairman LUCAS and

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.032 S19DEPT1 jbell on DSK7SPTVN1PROD with S8170 CONGRESSIONAL RECORD — SENATE December 19, 2012 Ranking Member PETERSON, all stand KILL and others in putting forward the doesn’t cover all the losses but some ready if we can get a positive signal portions of the farm bill that deal with help to be able to stay in business. We from the House Republican leadership disaster relief as part of this package do that through the farm bill. to get this done. There is no doubt in which is now moving forward. I hope Apple producers in most areas of my mind that we can do it. For every- we will have an opportunity to vote Michigan and in New York and in one listening, the issue is not dif- and come together on that, which is so Pennsylvania had about a 40-percent ferences in the commodity title, which important. That does not negate the production, so they lost 60 percent. I have every confidence we can come need to get a farm bill done or our de- Think about a business losing 60 per- together on and work out; the question sire to do that or the fact that we are cent of its income for a year or, in the is, as we are seeing efforts being laser-focused until the last moment we case of cherries, 98 percent. We have worked on for a larger deficit reduction have available on getting it done. things in place to support them when package, whether the House leadership Let me remind my colleagues that that happens. That is why we have dis- will think rural America and agri- farming is the riskiest business in the aster assistance, and that is why we culture are important enough to in- world. There are a lot of risky things have other things as well. We have clude. That is the question. It is wheth- we can do. There are a lot of disasters something called the farm bill when er the savings we have achieved in def- that have happened. things like this happen in agriculture icit reduction by eliminating unwar- I was pleased to have the opportunity or disaster assistance for agriculture, ranted taxpayer subsidies and creating to join with our colleague from New as we are proposing assistance for. other efficiencies and tackling waste, Jersey, Senator MENENDEZ, last week Also, in the summer we saw record- fraud, and abuse, whether that is wor- to visit some of the coastline in New breaking drought, as we know. We thy of a priority in the effort that is Jersey and to be a part of a group that heard story after story about families being worked on. We have continued to looked at the devastation there. And whose crops were left withering in the point out the fact that the 16 million there is no question, it is up to our fields, entire corn crops devastated in people across America who work be- country at times such as these, when Iowa, and wildfires in Colorado killing cause of agriculture deserve to be a pri- people are wiped out, their homes are 2 people and forcing residents to evac- ority. wiped out, it is our responsibility to uate over 34,000 homes. Drought and I thank our leadership and the lead- come together and to act on behalf of wildfires cost the State of Oklahoma ership across the aisle for making it a citizens in those States. I strongly sup- more than $400 million this year alone priority of this Senate back in June. I port doing that. It is also our responsi- according to a report that has just thank my colleagues on the committee bility to acknowledge and recognize been produced by Oklahoma State Uni- in the House for making it a priority and help others around the country versity. That includes crops and live- and for passing a bipartisan bill in who have similar disasters. stock, property loss from wildfires, and July. For the life of me—I am appalled As I said before, there is no business emergency costs. continually that the Republican lead- that is riskier than farming. Thank I have heard so many times from my ership of the U.S. House of Representa- goodness we have people who are will- friend, the distinguished ranking mem- tives does not consider the security ing to stay in farming and ranching re- ber from Kansas, about what has hap- and the livelihood of 16 million people gardless of what happens with the pened in Kansas. We had the oppor- who live in rural America across this weather. Thank goodness we have a tunity to be there and to hear from country to be a priority. strong crop insurance system in place, people directly in Kansas. My staff has We are including a final list of things and we strengthened that even more, walked in the field and seen that there that need to get done. We are not giv- which is incredibly important, in this is nothing there because of the drought ing up. We are coming back next week, farm bill. But we have had disasters and what it means. and we are going to be here, and we are happen that need to be addressed for This year represented the worst ready at any moment to be able to do those who farm for us. drought since 1956. That is a disaster. what we need to do. In the spring we experienced late At the height of the drought this sum- Across this aisle, colleagues have freezes in Michigan and in New York mer, over 80 percent of the contiguous worked in good faith in the Senate, and and in Pennsylvania that wiped out United States experienced drought con- I am very grateful. I appreciate the food crops. A lot of small family farms, ditions—80 percent. We still have 11 support of the Presiding Officer in urg- farms in northern Michigan, were States with exceptional drought condi- ing that we get this done. We have col- wiped out. In my home State, late tions and 17 States with severe drought leagues on both sides of the aisle who freezes and a spring frost caused them conditions. Seventeen States across have come together to make tough de- to lose practically their entire crop the country, in the Northeast, the Mid- cisions. We are willing to make some right off the bat. It warmed up, the west, the South, the Great Plains, the more, but we are not willing to give up buds came out, and then they had a Southwest, and on the west coast— on 16 million people who live in rural deep freeze that killed everything. Our every region except the Pacific North- communities—small towns such as growers produce 75 percent of the U.S. west has suffered from long-term where I grew up in Claire, MI—who are supply of cherries. That is around 270 drought. counting on us to do the right thing million pounds. The cherry producers Sixty percent of the farms in the and to give them the ability to plan, experienced a 98-percent loss. United States experienced drought this the ability to get help for the disasters In our amendment in the disaster bill year, and we saw severe droughts in 57 they have seen, and the ability to know and in the farm bill, we give them some percent of farmland acres. By the end they can move forward and care for help because they spent the rest of the of this last October, over half of the their families. crop year this year having to pay to pastures and ranges in the United We have a disaster bill right now on maintain the orchards and the trees, States were rated poor to very poor. the floor. As chair of the Agriculture eating the costs and hoping the trees And 1,692 counties in the country, Committee, there is no way I am going will bounce back next year and produce spread across 36 States, were declared a to allow a disaster amendment without a crop. So they have all the costs of primary disaster area because of the being able to offer an amendment that maintaining everything but no revenue drought. relates to agriculture disaster which coming in. By the way, there are a whole lot of we have fully paid for in the farm bill. Cherry producers were also forced to issues around weather that we need to So we are willing to do two tracks fight spreading diseases such as cherry be talking about and dealing with, and here if we come together, which I hope leaf spot and bacterial canker, making we need to be doing that in the new we will, on a disaster package. Cer- the trees even more costly to maintain year. tainly, people in rural America—farm- and at risk of loss. They didn’t just So this is what is happening for farm- ers, ranchers across this country—have lose their crop this year; they had to ers and ranchers. On May 20 only 3 per- felt the disasters other communities invest a lot of money to save their or- cent of our corn crop was rated poor or have felt. So I am proud to join with chards without having any dollars very poor, but by the end of September Senator MERKLEY and Senator MCCAS- coming in. We give them some help. It over 50 percent was rated poor or very

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.034 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8171 poor. Our cattle inventories were at a choices for families and every other new proposal coming out of the House 60-year low as farmers and ranchers part of the budget to allow that to hap- is that only people making $1 million a have had to sell off their breeding pen. year or more would see their tax rates stock because they don’t have the hay We passed a reform bill. We tackled go up. or grazing land to feed them. Low fraud and abuse in nutrition. We con- Let me say a word about hardship water levels in the Mississippi are af- solidated conservation and saved and a word about sacrifice and it is not fecting grain shipments, threatening to money. We tackled payments that have about the problems of millionaires and affect shipments early next year as been given out for years that don’t billionaires who are doing phenome- farmers try to plant their crops. We make sense and that the government nally well and who are being asked to have seen reports that grain is piling can’t afford. We listened to farmers to pay a few dollars more to help us deal up in elevators while farmers try to strengthen risk management tools, with deficit reduction, at a time when figure out alternative routes of ship- predominantly crop insurance. With all their tax rates are at a historically low ping their products to market. the weather disasters I have described rate. Let me tell you about sacrifice, Hurricane Isaac left hundreds of this year, if we can strengthen crop in- and let me tell you about on whom we thousands of acres underwater. Hurri- surance, we are going to give them a should not be balancing the budget. cane Isaac caused destruction like better safety net going forward for This morning, in the Veterans’ Af- nothing we could have imagined. As I whatever comes in the coming year. fairs Committee, I held a press con- said, I saw the damage up close from So there is a lot on the line. There is ference, which included every major Hurricane Sandy. Weather disasters a lot on the line for 16 million people veterans organization in this country, have destroyed millions of acres of who have jobs because of agriculture representing millions and millions of farmland and affected millions of fami- and the food industry. There is a lot on veterans, people who have put their lies in every State and corner of this the line for people who go to the gro- lives on the line to defend our country country. cery store and eat and want to know and many of whom have suffered as a We are considering a disaster bill food prices are not going to go up, that result. today. Well, the farm bill is a disaster milk prices are not going to go up. The organizations that were there bill because it not only has disaster as- There is a lot on the line for people with me to say no to the so-called sistance but it creates 5-year certainty who just want us to come together and chained CPI—which would cut benefits for our growers, who deserve it. They work together. In light of everything for disabled veterans, which would cut deserve to know what is going to be going on, we did that kind of a farm benefits for widows and kids who lost happening. They deserve to know so bill. They did that in the House in com- their husband or their father in Iraq or they can go to the banker and talk mittee. Afghanistan and would see a chained about their financing for the coming All the Speaker and the leadership CPI cut back on their limited bene- crop year and be able to plan as well as have to do is say: We care about rural fits—we had at this press conference get immediate help. America. We care about 16 million peo- the American Legion, the Veterans of I support passing a disaster bill, and ple who work every day, who are folks Foreign Wars, the Disabled American agriculture should be a part of this, but who do their jobs, and when the job has Veterans, the Iraq and Afghanistan it is not enough. We need to do that, to get done, whether it is early in the Veterans of America, the Paralyzed and we need to have a 5-year farm bill morning or late at night, they do it, Veterans of America, the Blinded Vet- in order to create the certainty we and they expect us to do the same erans Association, the Wounded War- need. thing. rior Project, the Military Order of the We have spent so much time focusing There is no excuse—none—that Purple Heart, the National Military on how we move forward with agri- makes any sense not to get a 5-year Family Association, the Vietnam Vet- culture today and create the right kind farm bill done, not to make sure we erans of America, the National Guard of risk management tools for the fu- have the disaster assistance that is Association, the National Association ture. I am very proud of what we have needed for farmers and ranchers, and of Uniform Services, the Jewish War been able to do. not to get reforms that cut back on Veterans, the Military Officers Asso- We—the members of the Agriculture taxpayer subsidies we should not be ciation of America, AMVETS, the As- Committees—have also been, frankly, providing, and the deficit reduction sociation of the United States Army, the only committee to step up volun- that is critically important as we come the Commissioned Officers Association tarily and say: We will put money on up to this fiscal cliff. of the U.S. Public Health Service, the the table for deficit reduction. We did I wish to thank everyone in this body Naval Enlisted Reserve Association, it during deficit reduction talks. We for working with us to get a bill done the United Spinal Association, have done it in the House and the Sen- of which I think we should all be very VetsFirst. ate as we have written the farm bills. proud. We are going to continue to What all of them said—and some of We are willing to be a part of the solu- push as we go forward, hoping that at them made this statement far more tion. We are part of the solution. some moment the House Republican poignantly than I can—is when we talk One of the things I find very frus- leadership will look around at the about sacrifice, they are there; they trating is that if, in fact, it doesn’t get small towns in their districts and de- have already done it. Some of them done this year, those who don’t want cide they matter and that they will have come back from our wars without reform, those who want government pass a 5-year farm bill. arms or legs or maybe they have lost payments even in good times may very Thank you. their eyesight. They have sacrificed, well get another year of government The PRESIDING OFFICER. The Sen- and it is morally absurd to be equating payments that we can’t afford and tax- ator from Vermont. on one hand the sacrifice of a multi- payers should not be paying for. So CHAINED CPI millionaire, asking him to pay a few this really is about reform. Mr. SANDERS. Mr. President, as we dollars more in taxes, with asking peo- I hear colleagues talking on the continue to debate how to prevent this ple who have lost their limbs defending other side of the aisle all the time so-called fiscal cliff and how to go for- this country to make a sacrifice. That about the things we shouldn’t be doing ward in deficit reduction, my Repub- is not equivalent sacrifice. and the things we shouldn’t be paying lican friends, apparently, want the Let me talk about this so-called for. Well, I would encourage them to American people to believe that mak- chained CPI. I know there are some join us in the fight to get a farm bill ing the wealthiest people in this coun- folks out there—and I think we have done to stop an area where we have all try pay a few dollars more in taxes had Wall Street CEOs worth hundreds agreed we should not be providing gov- would amount to some kind of terrible of millions of dollars, who were bailed ernment payments in the area of direct sacrifice, and they are vigorous and out by the taxpayers of this country, payments. I know there are those in unanimous in opposing the President’s who have the most extravagant retire- the House who want to keep that going initial proposal to do away with all of ment benefits imaginable—they have as long as possible, but it is not right Bush’s tax breaks for people making come to Washington, DC, to tell Con- in an era when we have to make tough $250,000 a year or more. I guess their gress we should cut Social Security

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.022 S19DEPT1 jbell on DSK7SPTVN1PROD with S8172 CONGRESSIONAL RECORD — SENATE December 19, 2012 benefits for disabled veterans, raise and I think it is unseemly, I think it is Let us be clear what this chained CPI taxes on low-income workers. immoral to be balancing the budget on would do because I think there are Let me tell you what this—what their backs. some people—I guess if someone is a some call a tweak—would do. In terms We have also made a commitment to Wall Street CEO guy and is making of the chained CPI, more than 3.2 mil- the surviving spouses and children who millions of dollars a year and has a lion disabled veterans receive dis- have lost a loved one in battle by pro- great retirement package, when we are ability compensation from the Vet- viding them with Dependency Indem- talking about hundreds of dollars a erans’ Administration—3.2 million vet- nity Compensation benefits that aver- year, that is what they use for lunch. erans. They would see a reduction—a age less than $17,000 a year. Do my col- They do not have to worry about keep- leagues truly think we should be cut- significant reduction—in their bene- ing their house warm or buying food. ting benefits for surviving spouses who fits. Under the chained CPI, a disabled That is not within their world view. veteran who started receiving VA dis- lost their husband in Iraq or Afghani- ability benefits at age 30 would have stan? Under the chained CPI—we should all their benefits cut by more than $1,400 Further, we have made a promise to understand this is no small tweak; this at age 45, $2,300 at age 55, and $3,200 at every American; that is, that above is not some administrative issue— age 65. and beyond benefits for disabled vets, under the chained CPI, average seniors Does anybody in their right mind what we have said is a couple things: who retire at age 65 would see their So- think the American people want to see For those who are older, we have said cial Security benefits cut by about $650 benefits cut for men and women who Social Security will be there for them a year when they reach age 75. Again, sacrificed, who lost limbs defending in their old age, in their time of need I understand if someone is a Wall their country? Are we going to balance or if they become disabled, and we have Street CEO, if one is a millionaire, hey, the budget on their backs? said those benefits will also keep up $650 a year is not a lot of money. But I challenge anyone who supports a with inflation. let me tell you, if you are a senior cit- Today, over 9 million veterans re- chained CPI to go to Walter Reed hos- izen living in Vermont or Minnesota ceive Social Security benefits as part pital, visit with the men and women of the tens of millions of Americans and you have to worry about heating who have lost their legs, lost their who receive Social Security, and more your home, you have to worry about arms, lost their eyesight as a result of than 770,000 veterans receive Social Se- putting gas in your car, you have to their service in Afghanistan or Iraq. curity disability benefits. worry about prescription drugs, $650 a Come Veterans Day and come Memo- We are talking now about the year is a lot of money, if you are living rial Day, all the politicians go out and ‘‘Greatest generation,’’ the people who on $15-, $16-, $18,000 a year of income, give speeches of how much we love our saved this country in World War II. I most of that coming from Social Secu- veterans. It is great to give a good just met last week—and it chokes me rity. So if you retire at age 65, it is speech on Memorial Day or Veterans up every time I meet these guys—a fel- about a $650 cut when you reach age 75, Day but what about standing up for low from Winooski, VT, who was in the and it is more than $1,000 a year when them now? Battle of the Bulge, that hugely impor- you turn 85. I know the Wall Street CEOs and the tant battle at the end of World War II I ask unanimous consent to have big money lobbyists are descending on to stop the Nazi advance. He was also Washington trying to protect the printed in the RECORD a chart which at Normandy. talks about annual cuts in Social Secu- wealthy and the powerful. But maybe Do you truly want to balance the rity benefits under the chained CPI. now is the time—not just Veterans budget on his back? Day, not just Memorial Day—that we We are talking about the brave men There being no objection, the mate- stand with veterans, we stand with dis- and women who served in Korea, Viet- rial was ordered to be printed in the abled veterans. They have sacrificed, nam, and other conflicts as well. RECORD, as follows:

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Annual Cut in Social Security Benefits Under Chained CPI

(For Average Earner Retiring at Age 6Sr in wage-indexed 2012 DoUats) Age 75 Age 85 Age 95

.. $653 (3.7% Cut)

-$1,139 (6.5%)

-$1,611 (9.2%)

Mr. SANDERS. What the chart shows going to balance the budget on the folks in Washington who think that is that at age 75 the cut would be $653, backs of seniors trying to get by on your COLA—the formulation and how a 3.7-percent cut; at age 85 it would be $15,000, $18,000 a year? Is that what this we reach a COLA for you—is too gen- $1,139, a 6.5-percent cut; and at age 95, Congress stands for? I certainly hope erous. Do you know what happens. it would be $1,1611, a 9.2-percent cut. not. They laugh. They invariably break out The rich are getting richer. We have The fact of the matter is, the current in laughter because they know that in growing wealth and income inequality formula for calculating COLAs is not the last 3 years, two out of those years in America. The wealthiest people in too generous. And whenever I speak in they got zero COLA. They know this this country are paying the lowest ef- Vermont, I say to seniors—and I speak year they are going to get a 1.7-percent fective tax rate in decades. We are to them quite often—there are some

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.002 S19DEPT1 jbell on DSK7SPTVN1PROD with Insert offset folio 74 here ES19DE12.001 S8174 CONGRESSIONAL RECORD — SENATE December 19, 2012 COLA, which is one of the lowest COLA I have ideas on that, Senator BEGICH to the best of my knowledge, every sin- increases ever. has ideas on that, Senator HARKIN and gle veterans organization has made it They also know the current formula- others. And the Presiding Officer has clear that they are strongly opposed to tion for a COLA does not fully take been thinking about ways that we the so-called chained CPI, which would into account the escalating costs of make Social Security solvent and cut benefits for disabled vets. prescription drugs and health care, strong for 75 years without cutting The AARP and the every other sen- which is where most seniors spend benefits. Let’s have that discussion, iors organization, including the groups their money. They are not spending but not as part of a deficit reduction to protect Social Security, the Na- their money on flat-screen TVs or bill when Social Security has had noth- tional Committee to Protect Social Se- iPhones or iPads. They are spending ing to do with deficit reduction. curity and Medicare, and others are their money heating their homes, buy- I do not often quote Ronald Reagan, saying do not cut Social Security bene- ing food, paying for prescription drugs, but this is what Ronald Reagan said on fits. The AFL–CIO has been very vig- and paying for health care. These costs October 7, 1984. He was absolutely orous in protecting working families are going up much faster than general right. Ronald Reagan: and saying do not cut Social Security, inflation. I think what most econo- Social Security has nothing to do with the do not cut Medicare, do not cut Med- mists would tell you is that the cur- deficit. Social Security is totally funded by icaid. rent formulation for determining the payroll tax levied on employer and em- Here we are, the American people ployee. If you reduce the outgo of Social Se- COLAs with Social Security is inad- overwhelmingly want the wealthy to equate, too low, rather than, as the ad- curity, that money would not go into the general fund to reduce the deficit, it would pay more in taxes and not cut Social vocates of the chained CPI would sug- go into the Social Security Trust Fund, so Security and Medicare and Medicaid, gest, that they are too high. Social Security has nothing to do with plan- organizations representing tens of mil- Furthermore—this has not been ning the budget or erasing or lowering the lions of people are saying, ask the widely discussed—moving to a chained deficit. wealthy to pay more in taxes, not cut CPI would also result in an across-the- October 7, 1984. Reagan was right. I Social Security, Medicare, and Med- board tax increase of more than $60 bil- have to tell you that when Barack icaid. lion over the next 10 years that will Obama was campaigning for President What are we talking about here? We disproportionately hurt low-income in 2008, he told the AARP on Sep- are talking about cutting Social Secu- and middle-income families the most. tember 6, 2008, that: rity, Medicare, and Medicaid, and ask- In fact, two-thirds of the tax increase John McCain’s campaign has suggested ing the wealthy to pay more but no- under a chained CPI would impact that the best answer for the growing pres- where near as much as they should be Americans earning less than $100,000 a sures on Social Security might be to cut cost asked to pay. year, and many would be impacted by of living adjustments or raise the retirement We wonder. We wonder why Congress losing the earned income tax credit and age. Let me be clear. I will do neither. has a 9-percent favorability rating. I the childcare tax credit. September 6, 2008, Barack Obama. will tell you that my phones today— Maybe I am missing something, but I One of the astounding things about and I do not think this is an organized thought I heard from the White House Congress and the inside-the-beltway effort, by the way—my phones in my and here on the floor of the Senate mentality is how out of touch it is with office—and you might want to check that we are not going to raise taxes for what the American people are thinking your offices, but my office phones are people earning less than $250,000 a year. and what the American people are be- bouncing off the hook from people in Maybe I am wrong. But I thought I lieving. Yesterday there was a poll in Vermont and all over this country say- heard that many times. Well, if you the Washington Post. I ask unanimous ing: Do not cut Social Security. vote for the chained CPI, in fact you consent that that poll be printed at the are raising taxes on a whole lot of peo- conclusion of my remarks. So I would say to the American peo- ple, including low-income working The PRESIDING OFFICER. Without ple, right now a deal is being hatched families. Under the chained CPI, low- objection, it is so ordered. which would cut Social Security and income workers would see their taxes (See exhibit 1). benefits for disabled veterans, raising go up by 141⁄2 percent, mainly by cut- MR. SANDERS. What that poll said— taxes on low-income workers. If you ting the earned income tax credit and I hope my colleagues are listening— think that is a bad idea, you might the refundable childcare tax credit. So this is yesterday in the Washington want to get ahold of your Senator or if we are going to keep faith with what Post, and this is absolutely consistent Member of the House. we have said here, I say to my Demo- with every other poll I have seen—60 Let me conclude by saying, in my cratic and Republican friends: No tax percent of the American people believe view, deficit reduction is a serious increases for workers making less than it would be unacceptable to change the issue. We, as you know, have already $250,000 a year. We better reject this way Social Security benefits are cal- cut $1.5 trillion in programs as a result chained CPI. culated so that benefits increase at a of the agreements in 2010 and 2011, and Furthermore, I must tell you that I slower rate than they do now in order up to this point the millionaires and am disappointed, because I thought I to strike a budget deal. Only 34 percent billionaires have not contributed one heard a few weeks ago my friends in would find this acceptable. Sixty per- nickel—one nickel—more in taxes. So the White House telling us that Social cent of the American people believe it deficit reduction is a serious issue. I Security—telling us truthfully, cor- would be unacceptable to raise the age look forward to playing an active role rectly—has nothing to do with deficit of Medicare eligibility, 68 percent of in making sure that we address that se- reduction, because Social Security is the American people believe it would rious problem. But I will do everything funded by the payroll tax, and that So- be unacceptable to cut spending on in my power to make sure we do not cial Security should be off the table in Medicaid. But 74 percent of the Amer- balance the budget on the backs of vet- terms of deficit reduction. I heard that ican people said in this poll that they erans, the elderly, the children, the many, many times. So I wonder how would accept raising taxes on Ameri- sick, and the poor, and low-income Social Security has suddenly gotten cans with incomes of over $250,000 a working people. back on the table, including a chained year. This is consistent with every (EXHIBIT 1) CPI, with devastating cuts to seniors other poll that is out there. The Amer- PUBLIC WANTS COMPROMISE ON FISCAL CLIFF, and disabled vets. ican people are saying: Wait a minute. BUT SPECIFICS UNPOPULAR I think we should deal with Social The middle class, the working class is IN THIS POLL: Security. I think Senator DICK DURBIN hurting. Do not cut Social Security, made a good point: Let’s deal with it. Medicare, Medicaid. That is what they With the end of the year approaching, Let’s deal with it separately. Let’s de- Americans give Obama his highest approval said yesterday in the poll. ratings in over a year and key advantages termine how, in a fair way, we can What they also said, at a time over Republicans in the battle over the so- make Social Security solvent for the when the rich are getting richer, yes, called ‘fiscal cliff.’ Still, majorities say both next 50 or 75 years without cutting ben- they should be asked to contribute Obama and Republicans are not willing efits. more in taxes. I mentioned earlier that enough to compromise to reach a deal.

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POLL QUESTIONS Q: If deficit reduction comes both from Very concerned—44%; Somewhat con- Q. Do you approve or disapprove of the way (cutting spending) AND from (increasing cerned—31; Not too concerned—14; Not con- Barack Obama Is handling his job as presi- taxes), should it be more from (cutting cerned at all—9; No opinion—2. dent? spending), or more from (increasing taxes) or Q: Has the leadership of the Republican APPROVE—54% should it be half from each? Party been too willing or not willing enough DISAPPROVE—42 More from cutting spending—47%; More to compromise with Obama on the budget Q. Do you approve or disapprove of the way from increasing taxes—10; Half from each— deficit? Obama is handling the economy? 41; No opinion—2. Too willing—14%; Not willing enough—76; APPROVE—50% Q: in order to strike a budget deal, would About right—2; No opinion—8. DISAPPROVE—48 you accept Cutting spending on Medicaid, Q: Has Obama been too willing or not will- Q. Do you approve or disapprove of the way which is the government health insurance ing enough to compromise with the leader- Obama is handling taxes? program for the poor or is this something ship of the Republican Party on the budget APPROVE—48% you would find unacceptable? deficit? ACCEPT—28% DISAPPROVE—45 Too willing—28%; Not willing enough—57; Q. Do you approve or disapprove of the way UNACCEPTABLE—68 About right—5; No opinion—10. Obama is handling Budget negotiations to Q: In order to strike a budget deal that Q: Generally speaking, do you usually avoid the so-called ‘fiscal cliff’? avoids the so-called ‘fiscal cliff’, would you APPROVE—45% accept Cutting military spending or is this think of yourself as . . .? DISAPPROVE—43 something you would find unacceptable? Democrat—31%; Republican—24; Inde- Q. Do you think Obama has a mandate to ACCEPT—42% pendent—38. carry out the agenda he presented during the UNACCEPTABLE—55 Mr. SANDERS. I yield the floor and I presidential campaign, or should he com- Q: In order to strike a budget deal that suggest the absence of a quorum. promise on the things the Republicans avoids the so-called ‘fiscal cliff’, would you The PRESIDING OFFICER (Mr. accept Raising taxes on Americans with in- strongly oppose? UDALL of New Mexico.) The clerk will comes over 250-thousand dollars a year or is OBAMA HAS MANDATE TO CARRY OUT call the roll. AGENDA—34% this something you would find unacceptable? OBAMA SHOULD COMPROMISE—56 ACCEPT—74% The legislative clerk proceeded to Q: Which comes closest to describing the UNACCEPTABLE—24 call the roll. way you feel about the outcome of the 2012 Q: In order to strike a budget deal that Mr. COONS. Mr. President, I ask presidential election: enthusiastic, satisfied avoids the so-called ‘fiscal cliff’, would you unanimous consent that the order for but not enthusiastic, dissatisfied but not accept Raising the age for Medicare coverage the quorum call be rescinded. angry or angry? from 65 to 67 or is this something you would Enthusiastic—23%; Satisfied but not en- find unacceptable? The PRESIDING OFFICER. Without thusiastic—31; Dissatisfied but not angry— ACCEPT—36% objection, it is so ordered. 31; No opinion—2. UNACCEPTABLE—60 Mr. COONS. Mr. President, I ask Q: Do you approve or disapprove of the way Q: In order to strike a budget deal, would unanimous consent to speak as in The Democrats in Congress are doing their you accept Changing the way Social Secu- morning business for a period of up to Job? rity benefits are calculated so that benefits 20 minutes. APPROVE—39% increase at a slower rate than they do now or DISAPPROVE—56 is this something you would find unaccept- The PRESIDING OFFICER. Without Q: Do you approve or disapprove of the way able? objection, it is so ordered. The Republicans in Congress are doing their ACCEPT—34% NEWTOWN, CONNECTICUT TRAGEDY job? UNACCEPTABLE—60 Mr. COONS. Mr. President, I rise APPROVE—25% Q: In order to strike a budget deal, would DISAPPROVE—70 you accept Capping the amount of money today with a heavy heart. When we Q: Do you approve or disapprove of the way people can claim in tax deductions at no first heard of the horrific shooting in the Republican leaders of Congress are han- more than 50-thousand dollars a year or is Newtown, CT, on Friday, it was impos- dling budget negotiations to avoid the so- this something you would find unacceptable? sible for me not to react, not just as a called ‘fiscal cliff’? ACCEPT—54% Senator but as a parent, as a father. APPROVE—26% UNACCEPTABLE—36 And as my wife and I spent the week- DISAPPROVE—65 Q: How likely do you think it is that end reflecting on the heartbreaking Q: Who do you trust to do a better Job Cop- (Obama) and (Republicans in Congress) will ing with the main problems the nation faces agree on a budget plan that avoids the fiscal loss of 20 innocent children and 6 of over the next few years—(Obama) or (the Re- cliff? their teachers and faculty, as we publicans in Congress)? Very likely—14%; Somewhat likely—38; talked to our own 3 young children Obama—50%; Republicans—35; (VOL) Both Somewhat unlikely—26; Very unlikely—19; about what had happened, we thought equally—1; (VOL) Neither—11; No opinion—3. No opinion—2. about the grief and the anguish for a Q: Who do you trust to do a better job Han- Q. If a budget agreement is not reached, whole range of different parents deeply dling the economy—(Obama) or (the Repub- who do you think will be mainly to blame— touched by this tragic incident. licans in Congress)? (the Republicans in Congress) or (Obama)? Obama—54%; Republicans in Congress—36; Republicans in Congress)—47%; Obama—31; The first, of course, are the parents (VOL) Both equally—1; (VOL) Neither—7; No (VOL) Both—18; (VOL) Neither—*; No opin- who lost their precious innocent chil- opinion—1. ion—3. dren, their 6- and 7-year-olds in the Q: Who do you trust to do a better job Pro- Q: How concerned are you, if at all, about massacre at Sandy Hook Elementary tecting the middle class—(Obama) or (the what may happen to the national economy if School last Friday. Joel and JoAnn Republicans In Congress)? Obama and Congress cannot reach a budget Bacon lost their precocious, outgoing, Obama—58%; Republicans in Congress—32; agreement? red-haired daughter Charlotte, just 6 (VOL) Both equally—1; (VOL) Neither—7; No Very concerned—58%; Somewhat con- opinion—3. cerned—30; Not too concerned—7; Not con- years old. JoAnn had recently bought Q: Who do you trust to do a better job Han- cerned at all—3; No opinion—1. Charlotte a new holiday dress in her fa- dling taxes—(Obama) or (the Republicans in Q: How concerned are you, if at all, about vorite color—pink—and a pair of white Congress)? what may happen to your personal finances boots. Charlotte had begged and begged Obama—46%; Republicans in Congress—42; If Obama and Congress cannot reach a budg- to wear her new outfit early, and on (VOL) Both equally—1; (VOL) Neither—9; No et agreement? Friday, December 14, the last day of opinion—3. Very concerned—48%; Somewhat con- Charlotte’s young life, her mother Q: Who do you trust to do a better job Han- cerned—32; Not too concerned—11; Not con- JoAnn agreed. dling the federal budget deficit—(Obama) or cerned at all—10; No opinion—1. (the Republicans in Congress)? Q: How concerned are you, if at all, about Steve and Rebecca Kowalski lost Obama—45%; Republicans in Congress—41; what may happen to the government’s abil- their active and athletic 7-year-old son (VOL) Both equally—2; (VOL) Neither—10; ity to operate effectively if Obama and Con- Chase. Just 2 days before the shooting, No opinion—3. gress cannot reach a budget agreement? Chase’s next-door neighbor had asked Q: Overall, what do you think is the best Very concerned—48%; Somewhat con- him what he wanted for Christmas, and way to reduce the federal budget deficit—(by cerned—30; Not too concerned—11; Not con- I understand he pointed to his two cutting federal spending), (by increasing cerned at all—9; No opinion—2. missing front teeth. taxes) or by a combination of both? Q: How concerned are you, if at all, about Cutting federal spending—29%; Increasing what may happen to the U.S. military if Any of us who have had the special taxes—4; Combination of both—65; No opin- Obama and Congress cannot reach a budget blessing and joy of raising young chil- ion—2. agreement? dren, especially at holiday time, can

VerDate Mar 15 2010 06:44 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.003 S19DEPT1 jbell on DSK7SPTVN1PROD with S8176 CONGRESSIONAL RECORD — SENATE December 19, 2012 only imagine the unbearable sorrow of someday be watching the television So what do we owe these parents? these families who now and forever will with horror as the tragic actions of his What can we offer their families be- have a child-sized hole in their hearts child unfold. sides our thoughts and prayers? I be- and their lives. We think of the story also shared on- lieve we must fulfill our central re- We offer you whatever small measure line of the mother in Idaho, terrified sponsibility of protecting the safety of of comfort we can in knowing that you her own son has the capacity to kill our children and our communities, are not alone, that all across this coun- someday and yet without the ability to while also preserving the individual try and around the world people pray give him the intensive medical care, liberties guaranteed in our Constitu- for your healing, and we all hope that treatment, and intervention she be- tion. with time you and your families can lieves he needs. On Sunday night, we watched Presi- come to understand and live through Across this country, mental health dent Obama speak to a community the grief of this moment. care is a growing challenge for us. Be- reeling in shock and grief, for the We also think of other parents, par- tween 2009 and 2011, States cut more fourth time in his time as President. ents who years before raised their than $2 billion from community mental He asked us as a Nation whether we are young adult children to give back to health services. Two-thirds of States doing enough to protect our children, their community and the next genera- have significantly slashed funding in and he gave us the painfully honest an- tion—young adults who chose to be- these difficult economic times, leaving swer that we did not give ourselves come teachers. In addition to the parents seeking help for their mentally after Fort Hood, after Tucson, after heroics of school principal Dawn ill children often with nowhere to turn. Aurora. He said, No, we are not. We are Hochsprung, school psychologist Mary We must do better for all these par- not doing enough to protect our own Sherlach, and teacher Anne Marie Mur- ents—the parents who lost their chil- children. phy, a mother of four herself, three dren at Sandy Hook Elementary, the Horrible crimes like these have a other very young teachers gave their parents who lost their children who very complex web of causes—including, lives to protect the students in their were teachers and faculty, the families of course, mental illness. This com- care: Lauren Rousseau, a 30-year-old of those who were first responders, and plexity presents us with a complicated substitute teacher; Victoria Soto, a he- families who struggle with children challenge. But the reality is the United roic 27-year-old teacher; and Rachel with mental illness and mental health States has the highest rate of gun Davino, a 29-year-old whose boyfriend problems. deaths in the industrialized world, was planning to propose on Christmas But, frankly, this week I also think nearly 20 times higher than comparable Eve. Their parents too, their families about parents all over our country who nations. are in our prayers. have lost their children, just as pre- In my view, this calls out for a com- Also in our hearts today are the fam- cious and just as innocent as those at prehensive approach, for a thorough ilies of the courageous first responders Sandy Hook, to gun violence, outside and searching examination of the who rushed toward danger as everyone the media spotlight. The truth is gun causes of this uniquely American cri- else rushed away. In any emergency, violence knows no boundaries of race sis. I believe it requires action by this Mr. President, as you know, being a or class, but our national response at Congress and our President. former attorney general, our law en- times seems to. I have received calls and letters, e- forcement officers face unknown dan- There were 41 murders in Delaware mails and Facebook posts, from Dela- ger with extraordinary courage. At alone last year, 28 of them where guns wareans around the State, Republicans Sandy Hook Elementary, police offi- were used as the murder weapon. and Democrats, doctors and teachers, cers rushed to the site knowing full Sixteen-year-old Alexander Kamara parents and children. They have shared well that an armed gunman awaited was playing in a soccer tournament at with me their grief and their ideas, and them. What they found was unimagi- Eden Park in my hometown of Wil- they have called for action. nable. Thank God they arrived as mington this summer when he was shot The United States has a long and quickly as they did or the carnage and killed in execution style. proud tradition of independence, of pro- might have been worse. But we need Dominique Helm, age 19, was stand- tecting ourselves, of exercising our but reflect for a moment on what those ing with his teenage cousins on the right to self-determination, of hunting police officers and firefighters and steps of his Brandywine Village and of a sporting tradition that is en- folks from the ME’s office ultimately rowhouse last September when a gun- shrined in our second amendment. And found—unspeakable carnage. These he- man opened fire. He stumbled through we have to recognize the importance— roes could not react as parents, as com- the doorway and died in his living the legitimacy—of the concerns of gun munity members. They had to choke room as his mother Nicole ran to him. owners to know that in the debate that back their own grief and horror to Stories like this are tragically, ap- can and will and should unfold in this carry out their professional respon- pallingly, common across our country Chamber we will respect their right to sibilities to catalogue, investigate, and every day. Every day, 34 Americans are bear arms and that we will respect and document every detail of this tragic murdered with a gun. It happens in our honor this most important part of scene so that justice could be done and streets and in our neighborhoods. It America’s fabric. But every constitu- lessons learned. The scars of those long happens in movie theaters in Aurora, tionally protected right has its bound- hours on a crime scene like this last a CO, and houses of worship at Oak aries, its limitations. lifetime, and first responders all across Creek, WI. It happens in high schools I am troubled in particular by the this country in situations such as this in Littleton, CO, and at a college cam- thread that ties together too many of bear them with honor and dignity and pus in Blacksburg, VA. It happens out- these tragic mass shootings: that the without complaint. side a supermarket in Tucson, AZ, perpetrator had clear mental health This tragedy, of course, also has rip- where one of the six people killed was problems, unaddressed, untreated men- ple effects far beyond Sandy Hook and 9-year-old Christina Taylor Green—a tal illness challenges, and used mili- far beyond Newtown, CT. All over this child herself born on 9/11, imbued with tary-style weapons and clips that have country there are parents whose chil- a sense of hope and a call to public no place in everyday civilian life. dren struggle with mental illness, with service, who wanted to meet her Con- Several of my colleagues have al- mental health challenges, who don’t gresswoman Gabbie Giffords in order to ready come forward with proposals— have the resources they need to cope. learn more about public service. Senators MANCHIN, LAUTENBERG, WAR- My office has had many calls from wor- They say nearly 40 percent of Ameri- NER, FEINSTEIN, and others, and I will ried parents since Friday’s shootings, cans know someone directly who has touch on a few. worried for many reasons, but one that been a victim of gun violence. In I believe reinstating the ban on high- stood out for me was a dad from New- Christina’s case, her father was my capacity magazines, focusing on am- ark, DE, whose own child is struggling high school classmate back in Dela- munition and on the outrageously dev- with mental illness and who is working ware. Gun violence touches families, astating impact of military clips and hard to try to find the resources to en- communities, and neighborhoods all military ammunition particularly on sure appropriate care so that he won’t over this country. children across all these instances—I

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.035 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8177 think we should focus on that, and re- come. I look forward to working with with the so-called fiscal cliff. To mil- instate the ban on high-capacity maga- the Presiding Officer and my col- lions of Americans, what’s happening zines in the next Congress. leagues in the weeks and months ahead here in Washington must be a mystery. In addition, Senator LIEBERMAN just to ensure that this time we act. The In less than 2 weeks, almost every the other day on the floor—and he has victims of Newtown, CT, deserve noth- single taxpaying citizen will face a been joined by Senator ROCKEFELLER— ing less. massive tax hike if we don’t act. For has called for a study to gain a better Mr. President, I yield the floor and I weeks now, the Speaker of the House, understanding of the linked issues of suggest the absence of a quorum. JOHN BOEHNER, has been trying to get mental health, mass shootings, and the The PRESIDING OFFICER. The this President to come up with a fair, desensitization of violence in our cul- clerk will call the roll. reasonable and balanced solution so we ture. President Obama has picked that The assistant legislative clerk pro- don’t go over this cliff. up and carried it forward, and is pro- ceeded to call the roll. The President, thinking he has some posing a new commission which the Mr. LEAHY. Mr. President, I ask sort of mandate after his reelection, Vice President—Delaware’s own JOE unanimous consent that the order for has been less than reasonable. In fact, BIDEN—will be chairing. It is my hope the quorum call be rescinded. this President has proposed more and that out of this important work we can The PRESIDING OFFICER. Without more spending, and more and more tax find a path forward that marries the objection, it is so ordered. hikes in his proposals to the Speaker, crying need to deal with mental health Mr. LEAHY. Mr. President, I know while the Speaker is trying to stop issues with cultural concerns about vi- we have Senators who have talked these tax hikes and deal with our over olence and desensitization with respon- about bringing amendments to the $16 trillion debt. The President just sible limitations on the excessive use floor. I know the distinguished major- can’t take yes for an answer. He must of military-style weapons and clips. ity leader is trying to get a finite list think that if he keeps slow-walking Last, in my view, we can and must do and a time to vote on them. I hope that these proposals that Republicans will more to keep guns out of the hands of can be done. I hope Senators who have get the blame—and members of his ad- those with a history of violent crime or amendments will bring them up, debate ministration have even reveled that demonstrated mental illness. Our data- them, and vote them up or down so we they would be more than happy if we base system is broken and has to be re- can get on with this bill. went over the cliff. paired. If you are a person whose home has What kind of cruel Christmas gift is At Virginia Tech, 32 students and been devastated or your children’s that? professors were murdered by a young school has been destroyed in this storm After the Speaker and the President man who got a gun he should have been or your business is only a pile of rub- exchanged offers this week, House Re- prohibited from buying. A court had al- ble—those people really find it pretty publicans are looking at having votes ready ruled he was mentally ill and difficult to see us, whether it is the on two competing pieces of legislation posed an imminent danger, but these U.S. Senate or the other body, standing as early as tomorrow. The first is legis- findings simply weren’t reported to the around saying we may have amend- lation that passed this body over the FBI’s gun background check system. ments, we may not have amendments, summer—deeply-flawed legislation That is a travesty. The parents of those we may have something that is not that every Democrat in this body sup- 32 murdered in Blacksburg, VA should germane to what we have here but we ported. be crying out for justice. want to make a message amendment. I should note that I put forward a We should ensure that no gun sold in They are saying: We are Americans— more common-sense alternative that this country is sold to someone we we are Americans and we are suffering. would have extended all the current know to be dangerous or who poses a Do something for us, just as this body direct threat to innocent Americans’ tax policy for 1 year during which time always has. Whether the disaster has lives. Today, an estimated 40 percent of we could undertake a comprehensive been in the Midwest, the West, the all gun sales—some 6 million weapons a overhaul of our bloated, broken tax Northeast, the Southeast, or the year—are sold by unlicensed dealers code. I think I characterized it as put- South, we have come together for our who aren’t required to conduct any ting it over for 1 year and dedicating fellow Americans. criminal background check under Fed- that year to tax reform, which we all Time is running out, and we should eral law. This is how 12 students and 1 know needs to be done. get moving. I urge Senators, bring your teacher were murdered at Columbine The second piece of legislation that amendments. If you really think they High School in Colorado, with guns the House will vote on is legislation have merit, if you really think they bought from an unlicensed seller—no that Speaker BOEHNER has called ‘‘Plan have anything to do with this disaster paperwork, no questions asked. B’’—a more limited piece of legislation It is my hope, it is my prayer, that relief, if you really think they are that extends almost all the current tax we will work to address this and many going to be able to help, bring them in policy as is in the law today. other complex but important issues in and let’s vote them up, vote them I understand that this ‘‘Plan B’’ is a the coming weeks and months, and down. But let’s not just sit here think- plan of necessity. And while I under- that we will consider all these pro- ing that maybe we can wait longer. stand that the Speaker continues to posals carefully and reach a balanced We get paid our salaries. I don’t negotiate with the President to try and but effective solution. know of any Senator who has lost his reach an agreement, the Speaker has I will apply the test of balance to or her home, certainly not his or her put this forward to force action from find ways that we can continue to re- business. They are still here, and they this intransigent White House. spect our traditions and protect con- still get paid every couple of weeks. What does the Speaker’s plan do? stitutional liberties while still advanc- That is not the case for hundreds of The Speaker’s plan would provide ing our moral requirement to keep our thousands of people. Let’s start acting seamless permanent tax relief for kids and our communities safe. to take care of them. American taxpayers who earn less than As parents, we can’t help but react I suggest the absence of a quorum. $1 million. For taxpayers earning above with horror at the slaughter of inno- The PRESIDING OFFICER. The $1 million, the statutory rates on ordi- cent children in their classrooms. We clerk will call the roll. nary and capital gain income would be all have to take time first to grieve The legislative clerk proceeded to set at the level President Obama and with our families and our communities; call the roll. Congressional Democrats have insisted but as policymakers, we also have a Mr. HATCH. Mr. President, I ask on. calling to react to the facts as we see unanimous consent that the order for My preference is clear. I have legisla- them. And in this regard a reaction the quorum call be rescinded. tion that this body voted on in August will have three stages: We need to re- The PRESIDING OFFICER. Without that shows what I believe is the better flect, we need to debate, and then we objection, it is so ordered. path. need to act. THE FISCAL CLIFF I oppose tax increases very strongly The reflection and the debate have Mr. HATCH. Mr. President, I rise and have said over and over that we already begun. The action is still to today to discuss the ongoing situation should not be touching tax rates. But I

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.036 S19DEPT1 jbell on DSK7SPTVN1PROD with S8178 CONGRESSIONAL RECORD — SENATE December 19, 2012 also understand, given the reality be- essary from the Trust Fund’’ and inserting ‘‘(1) IN GENERAL.—The Secretary shall fore us, that the Speaker has to move ‘‘Of the funds of the Commodity Credit Cor- make available to a producer eligible for forward with a plan to force action. poration, the Secretary shall use such sums noninsured assistance under this section a Is it perfect from my perspective? No, as are necessary for fiscal year 2012’’; payment equivalent to an indemnity for ad- (3) in subsection (e)(1)— ditional coverage under subsections (c) and but we cannot let the perfect be the (A) by striking ‘‘The Secretary’’ and in- (h) of section 508 of the Federal Crop Insur- enemy of the good. serting ‘‘Of the funds of the Commodity ance Act (7 U.S.C. 1508) that does not exceed The Speaker, in my view, is the only Credit Corporation, the Secretary’’; and 65 percent, computed by multiplying— person in these negotiations trying to (B) by striking ‘‘per year from the Trust ‘‘(A) the quantity that is less than 50 to 65 find a resolution. I commend him—I Fund’’ and inserting ‘‘for fiscal year 2012’’; percent of the established yield for the crop, admire him—I back him—and I know (4) in subsection (f)(2)(A), by striking ‘‘the as determined by the Secretary, specified in he is working hard discussing this leg- Secretary shall use such sums as are nec- increments of 5 percent; islation with the members of the House essary from the Trust Fund’’ and inserting ‘‘(B) 100 percent of the average market Republican Conference as they move ‘‘of the funds of the Commodity Credit Cor- price for the crop, as determined by the Sec- poration, the Secretary shall use such sums retary; and towards a vote. as are necessary for fiscal year 2012’’; and ‘‘(C) a payment rate for the type of crop, as I hope they support this plan. How- (5) in subsection (i), by striking ‘‘Sep- determined by the Secretary, that reflects— ever, it turns out, if I was a member of tember 30, 2011’’ and inserting ‘‘September ‘‘(i) in the case of a crop that is produced the House, I would. 30, 2012 (except in the case of subsection (b), with a significant and variable harvesting But I am a Member of the Senate and which shall be September 30, 2011)’’. expense, the decreasing cost incurred in the this leads me to ask: after the House (b) This section is designated by Congress production cycle for the crop that is, as ap- passes ‘‘Plan B’’ and defeats the Senate as being for an emergency requirement pur- plicable— Democrats’ tax bill, what is it that suant to— ‘‘(I) harvested; ‘‘(II) planted but not harvested; or Senate Democrats want to do? (1) section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act ‘‘(III) prevented from being planted be- The House will presumably send its of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and cause of drought, flood, or other natural dis- bill to the Senate. Senator REID and (2) section 4(g) of the Statutory Pay-As- aster, as determined by the Secretary; or the White House have already said it is You-Go Act of 2010 (Public Law 111-139; 2 ‘‘(ii) in the case of a crop that is produced dead on arrival in the Senate. I find U.S.C. 933(g)). without a significant and variable harvesting that very curious indeed since so many SEC. 102. (a) Section 196 of the Federal Ag- expense, such rate as shall be determined by Democrats seem to have wanted ex- riculture Improvement and Reform Act of the Secretary. actly what the Speaker is giving them. 1996 (7 U.S.C. 7333) is amended— ‘‘(2) PREMIUM.—To be eligible to receive a Then they complain that the Speaker’s (1) in subsection (a)— payment under this subsection, a producer shall pay— plan isn’t ‘‘balanced,’’ despite the fact (A) by striking paragraph (1) and inserting the following: ‘‘(A) the service fee required by subsection that the President in a proposal was ‘‘(1) IN GENERAL.— (k); and calling on more stimulus spending and ‘‘(A) COVERAGES.—In the case of an eligible ‘‘(B) a premium for the applicable crop for the continuation of so-called tem- crop described in paragraph (2), the Sec- year that is equal to— porary stimulus tax provisions that the retary of Agriculture shall operate a non- ‘‘(i) the product obtained by multiplying— President now somehow wants to make insured crop disaster assistance program to ‘‘(I) the number of acres devoted to the eli- permanent. provide coverages based on individual yields gible crop; So I would say to my friends on the (other than for value-loss crops) equivalent ‘‘(II) the yield, as determined by the Sec- retary under subsection (e); other side of the aisle, what is it ex- to— ‘‘(i) catastrophic risk protection available ‘‘(III) the coverage level elected by the pro- actly that you want to do? under section 508(b) of the Federal Crop In- ducer; What is it that Senate Democrats surance Act (7 U.S.C. 1508(b)); or ‘‘(IV) the average market price, as deter- and the White House want? ‘‘(ii) additional coverage available under mined by the Secretary; and We are all waiting. subsections (c) and (h) of section 508 of that ‘‘(ii) 5.25-percent premium fee. The American people are waiting. Act (7 U.S.C. 1508) that does not exceed 65 ‘‘(3) LIMITED RESOURCE, BEGINNING, AND SO- Enough of the games. Put your percent. CIALLY DISADVANTAGED FARMERS.—The addi- money where your mouth is, and tell ‘‘(B) ADMINISTRATION.—The Secretary shall tional coverage made available under this us what you think is better than what carry out this section through the Farm subsection shall be available to limited re- Service Agency (referred to in this section as source, beginning, and socially disadvan- Speaker BOEHNER is ultimately going taged producers, as determined by the Sec- to put forward. the ‘Agency’).’’; and (B) in paragraph (2)— retary, in exchange for a premium that is 50 If I were in the House, I would be sup- (i) in subparagraph (A)— percent of the premium determined for a porting Speaker BOEHNER. Frankly, I (I) in clause (i), by striking ‘‘and’’ after the producer under paragraph (2). do support Speaker BOEHNER. semicolon at the end; ‘‘(4) ADDITIONAL AVAILABILITY.— I yield the floor. (II) by redesignating clause (ii) as clause ‘‘(A) IN GENERAL.—As soon as practicable, The PRESIDING OFFICER. The Sen- (iii); and the Secretary shall make assistance avail- ator from Oregon is recognized. (III) by inserting after clause (i) the fol- able to producers of an otherwise eligible lowing: crop described in subsection (a)(2) that suf- AMENDMENT NO. 3367, AS MODIFIED ‘‘(ii) for which additional coverage under fered losses— Mr. MERKLEY. Mr. President, I ask subsections (c) and (h) of section 508 of that ‘‘(i) to a 2012 annual fruit crop grown on a for the regular order with respect to Act (7 U.S.C. 1508) is not available; and’’; and bush or tree; and my amendment, No. 3367. (ii) in subparagraph (B)— ‘‘(ii) in a county covered by a declaration The PRESIDING OFFICER. The (I) by inserting ‘‘(except ferns)’’ after ‘‘flo- by the Secretary of a natural disaster for amendment is now pending. ricultural’’; production losses due to a freeze or frost. Mr. MERKLEY. I have a modification (II) by inserting ‘‘(except ferns)’’ after ‘‘or- ‘‘(B) ASSISTANCE.—The Secretary shall at the desk. I ask that my amendment namental nursery’’; and make assistance available under subpara- (III) by striking ‘‘(including ornamental graph (A) in an amount equivalent to assist- be so modified. ance available under paragraph (1), less any The PRESIDING OFFICER. The fish)’’ and inserting ‘‘(including ornamental fish, but excluding tropical fish)’’; fees not previously paid under paragraph (2). amendment is so modified. (2) in subsection (d), by striking ‘‘The Sec- (b)(1) Effective October 1, 2017, subsection The amendment is as follows: retary’’ and inserting ‘‘Subject to subsection At the end of title I, add the following: (a) and the amendments made by subsection (l), the Secretary’’; (a) (other than the amendments made by GENERAL PROVISIONS—THIS CHAPTER (3) in subsection (k)(1)— clauses (i)(I) and (ii) of subsection (a)(1)(B)) SEC. 101. (a) Section 531 of the Federal Crop (A) in subparagraph (A), by striking ‘‘$250’’ are repealed. Insurance Act (7 U.S.C. 1531) is amended— and inserting ‘‘$260’’; and (1) in subsection (c)(1), by striking ‘‘The (B) in subparagraph (B)— (2) Effective October 1, 2017, section 196 of Secretary shall use such sums as are nec- (i) by striking ‘‘$750’’ and inserting ‘‘$780’’; the Federal Agriculture Improvement and essary from the Trust Fund’’ and inserting and Reform Act of 1996 (7 U.S.C. 7333) shall be ap- ‘‘Of the funds of the Commodity Credit Cor- (ii) by striking ‘‘$1,875’’ and inserting plied and administered as if subsection (a) poration, the Secretary shall use such sums ‘‘$1,950’’; and and the amendments made by subsection (a) as are necessary for fiscal year 2012’’; (4) by adding at the end the following: (other than the amendments made by clauses (2) in subsection (d)(2), by striking ‘‘The ‘‘(l) PAYMENT EQUIVALENT TO ADDITIONAL (i)(I) and (ii) of subsection (a)(1)(B)) had not Secretary shall use such sums as are nec- COVERAGE.— been enacted.

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.039 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8179 (c) This section is designated by Congress I was first elected to public office view has gained traction in recent as being for an emergency requirement pur- when the Reagan revolution was in full years that consumption fueled by gov- suant to— swing. Maximizing freedom guided the ernment spending actually creates eco- (1) section 251(b)(2)(A)(i) of the Balanced policies of that era, with tremendous nomic growth. It doesn’t. It just moves Budget and Emergency Deficit Control Act success. My goal as a public servant of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and money around by taking from people (2) section 4(g) of the Statutory Pay-As- has been to advance and maintain a who produced it and could productively You-Go Act of 2010 (Public Law 111-139; 2 consensus in favor of the so-called spend or reinvest it and giving it to U.S.C. 933(g)). three legs of the Reagan public policy government to spend. Consumption is Mr. MERKLEY. I also ask unanimous stool. the wrong target. One, dynamic, growth-oriented eco- consent to add Senator FRANKEN, Sen- People only change their spending nomics; two, the social values that ator TIM JOHNSON, and Senator TOM habits when they know they will have make limited government possible; and UDALL as cosponsors to the amend- greater consistent income over time; ment. three, a national security commitment for example, when they receive a raise The PRESIDING OFFICER. Without that emphasizes a strong and sovereign at work or get a permanent tax cut. objection, it is so ordered. America. In each of the three areas, That is why temporary stimulus tax Mr. MERKLEY. Mr. President, I maximizing freedom and the positive gimmicks don’t work. yield the floor. results that flow from that is the goal. If the problem with the economy is Mr. LEAHY. Mr. President, I suggest Let’s turn first to economic freedom. supposedly a lack of consumption, the the absence of a quorum. The Reagan years showed us that ex- government cannot solve that problem The PRESIDING OFFICER. The panding economic freedom should be by spending for us. After all, it is our clerk will call the roll. the North Star, the guiding light of tax money that is being taken out of The bill clerk proceeded to call the U.S. policy because it is the best way the economy and spent. When govern- roll. to achieve sustained and broad-based ment borrows, it will eventually have Mr. INHOFE. Mr. President, I ask prosperity for all. Free markets, low to tax the people to pay back what it unanimous consent that the order for taxes, and limited government allow has borrowed. There is no free lunch. the quorum call be rescinded. citizens to use their talents and re- For the government to spend, tax- The PRESIDING OFFICER. Without sources in whatever way they choose payers have to give up wealth they objection, it is so ordered. and keep more of the fruits of their could have spent or invested. Keynes- labor. ORDER OF PROCEDURE ian demand-side economics assumes I encourage people to invest, work, the government is more efficient at Mr. INHOFE. Mr. President, it is my start businesses, and hire others. In spending our money than we are. That understanding that at 4 o’clock, Sen- other words, free markets promote eco- assumption has proved to be incorrect ator DURBIN from Illinois will be speak- nomic well-being for all. Cutting taxes ing. I ask unanimous consent that I be time and again. at the margins; that is, reducing the Wise policymakers will find the right allowed to speak at the conclusion of rate of tax on the next $1 earned, en- balance between the need for more tax his remarks, at or around 4:15. courages growth. Raising taxes can revenue and the need for more eco- The PRESIDING OFFICER. Is there have the opposite effect. Nobel econo- nomic freedom. They will remember objection? Without objection, it is so mist Edward Prescott of Arizona has there is no fixed economic pie that leg- ordered. found that higher marginal tax rates islators should try to divide. They will The Senator from Arizona is recog- are the reason Europeans work one- remember that labor, capital, and tech- nized. third fewer hours than Americans. f When marginal rates are lower, pros- nology are the real factors that drive long-term economic growth, not gov- FAREWELL TO THE SENATE perity flows to other sectors of society, allowing businesses to create jobs and ernment spending. They will stop Mr. KYL. Mr. President, I am deeply new products, compete for workers, shackling would-be entrepreneurs and honored to have served for 18 years as raise wages, invest their profits, which job creators with ever more burden- Arizona’s 10th Senator and for four then can be lent to other entre- some regulations. terms in the House of Representatives preneurs. Everyone gains in a free Here is some more good news about before that. Now it is time to move on. economy. As John F. Kennedy put it, a growth-based free enterprise. It is the My successor, Senator-elect JEFF rising tide lifts all boats. most moral economic system ever de- FLAKE, is a good and honorable public Look at what free enterprise has vised for three reasons. First, it is pre- servant who will work hard on behalf achieved. After President Reagan dra- mised on the truth that success only of our great State of Arizona, and my matically lowered tax rates and comes by supplying something to oth- colleague JOHN MCCAIN will continue trimmed regulation, income increased ers that they need or want. In the bar- his long and dedicated public service as in every quintile. Millions of new pri- gain, both sides benefit. Second, this well. I appreciate the remarks he deliv- vate sector jobs were created and the system has produced incredible wealth ered here yesterday. stock market soared, tripling in value around the world, lifting millions out I say thank you to my colleagues for over 8 years. The lower tax rates, re- of poverty. No economic system can your friendship. It has been a privilege duced regulatory burden produced a come close in helping that many peo- working with so many of you on both more robust economy and a more ro- ple. So it is the most moral economic sides of the aisle. While it is true that bust economy meant more revenue for system in providing material benefits, Washington would benefit from more government. Similar results attended but that is only part of the story. civility, the Senate behind the scenes the tax rate reductions during the Free enterprise provides more than is an extraordinarily collegial institu- Presidency of George W. Bush. increased income and material pros- tion, and I will certainly miss that as- In recent years, many policymakers perity. Those things help, but they are pect of the job. have forgotten these lessons. Since not what make humans thrive. The key I also thank my staff, past and 2008, America’s score in the Index of determinant of lasting happiness and present, for working so many long Economic Freedom has declined sig- satisfaction is what American Enter- hours and for spending so much time nificantly to the point that we are no prise Institute president Arthur Brooks analyzing the issues that will deter- longer considered a free economy but, has called earned success. People are mine America’s future. rather, a mostly free economy. That is happiest when they do something they Farewell speeches offer the oppor- what happens when we dramatically in- are good at, when they create value in tunity to reminisce about the past. I crease government spending and regu- the lives of others, and genuinely earn actually do not believe that would be lations. Now we are on the verge of a their income regardless of how much it the best use of either your time or massive tax increase which could un- is. mine. Instead, I am going to comment dermine small businesses and stifle Brooks put it very well in his book on some of the biggest public policy economic growth America badly needs. ‘‘The Battle,’’ and I quote: changes America faces and recommend Policymakers must focus on the Earned success gives people a sense of principles to guide the way forward. basic laws of economic input. A faulty meaning about their lives. And meaning also

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.005 S19DEPT1 jbell on DSK7SPTVN1PROD with S8180 CONGRESSIONAL RECORD — SENATE December 19, 2012 is key to human flourishing. It reassures us the government bears more of a burden what they are and where they came that what we do in life is of significance and of caring for these children. The from. value, for ourselves and for those around us. growth in food stamps and other sup- Schools shape students’ views about To truly flourish, we need to know that the our priorities as a society and what ways in which we occupy our waking hours port programs makes the point. At are not based on mere pursuit of pleasure or some point, this makes it harder to principles are worth standing for. In- money or any other superficial goal. We need maintain a political consensus that fa- stead of teaching history and the fun- to know that our endeavors have a deeper vors limited government, economic damentals of America’s founding, purpose. freedom, and programs that help people many curriculums focus on small, po- The earned success that comes from out of poverty rather than entrenching litically correct topics such as gender, doing a job well explains why fabu- it. Why? class, diversity, and ethnicity. The en- lously wealthy people often choose not To quote Princeton scholar Robert P. tertainment industry and many major to retire after they have earned their George, limited government: media outlets, too, dwell on these top- fortunes. They are motivated by the Cannot be maintained where the marriage ics and lend them outsized importance. satisfaction that comes from spending culture collapses and families fail to form or These topics tend to be political and the day productively by creating, inno- easily dissolve. Where these things happen, emphasize what divides us. They ignore vating, and solving problems. They are the health, education, and welfare function our common heritage of freedom, creating purpose-driven value in their of the family will have to be undertaken by equality, self-reliance, human dignity, someone or some institution, and that will faith, and community. As William Ben- own lives and oftentimes tangible sooner or later be government. value in the lives of others. nett recently wrote: When we look at The effect of earned success also ex- In other words, in the absence of two- what students are being taught, it is plains why people who win the lottery parent families, the government fills easy to see why more of them prefer so- often become depressed when they find the financial role of the father, to say cialism over free market capitalism. out that free money offers hollow joy. nothing of the critical roles fathers He writes: ‘‘Politics is downstream Free enterprise promotes freedom to play. Over time, more and more Ameri- from the culture.’’ achieve and, therefore, more opportu- cans have come to rely on the govern- Bennett also noted that Plato said nities to earn success. It is the most ment to provide for their most basic the two most important questions in moral economic system ever created. It needs, needs that two-parent families society are: Who teaches the young and is also the fairest system because it re- have traditionally supported. Those what do we teach them. wards merit, hard work, and achieve- Americans are now competing for in- I believe we need to think long and ment. This is what brought my grand- creasingly scarce resources. hard about these two questions. It is parents to this country, along with This is not to judge the status of time to have a serious discussion about millions of other immigrants. Inciden- these families or to suggest it is in any civics education. If Americans don’t tally, real free enterprise has no place way inappropriate for government to understand or appreciate the founda- for crony capitalism because it doesn’t provide the help. It is precisely because tions of our republican government, have government picking winners and we do care that we provide help those foundations will gradually erode. losers. through government and other institu- In that sense, political and historical The biggest economic favor policy- tions. But that is an action to amelio- literacy is critical to the preservation makers can do for Americans is to fol- rate the effects of a condition, not to of our constitutional freedoms. low the Reagan legacy and support free change the underlying condition. As President Reagan famously said: market policies that create more op- I believe we must do all we can to re- Freedom is never more than one genera- portunity, more mobility and more vive the marriage culture, increase tion away from extinction. We didn’t pass it earned success and therefore more family stability, and ensure that more on to our children in the bloodstream. It human flourishing possible for every children grow up in two-parent house- must be fought for, protected, and handed on American. Free enterprise is the only holds. Strong families have always for them to do the same. economic system that gives us so many been the key to upward mobility and Moving to the last leg of the Reagan opportunities to pursue fundamental economic security. policy stool: national security. I have happiness and lasting satisfaction. If we want to remain an aspirational tried to follow the Reagan legacy of This brings us to the second leg of society, a society where children have pursuing peace through strength. As the Reagan stool—the question of val- the opportunities and the resources to President Reagan once said, ‘‘Of the ues. President Reagan devoted his pursue their dreams and create a better four wars in my lifetime, none came Presidency—and indeed his entire ca- life, we must encourage young Ameri- about because America was too reer in public life—to the expansion of cans to embrace what Ron Haskins and strong.’’ economic freedom. He also understood Isabel Sawhill of the Brookings Insti- President Reagan knew that weak- that economic freedom depends on cer- tution have called the success se- ness tempts aggression, and he believed tain cultural underpinnings, such as quence. That sequence is very simple: that deterrence meant ‘‘making sure marriage, family, and personal respon- Complete high school, get a full-time any adversary who thinks about at- sibility. He understood that family job, get married before having kids. If tacking the United States . . . con- breakdown and social pathologies we follow that sequence, we are vir- cludes the risks to him outweigh any would ultimately make people more re- tually guaranteed to avoid poverty. potential gains. Once he understands liant on government and thus more The marriage culture is fighting an that, he won’t attack. We maintain the eager for government to expand, sap- uphill battle against forces that peace through our strength; weakness ping them of individual responsibility threaten to overwhelm them. I urge ev- only invites aggression.’’ and the need to care for others in the eryone who believes in limited govern- American strength remains the best family or community. ment, economic freedom, and the real guarantor against major armed con- In short, Reagan understood that self-worth and well-being of our chil- flict between nation-states. While it is economic conservatism would not and dren to do their part in rebuilding the not our role to police the world—and could not survive unless social conserv- institution of marriage. No other social we couldn’t do it in any event—it is atism survived too. cause or campaign is more vital to also true that we are the indispensable The United States has a stronger America’s future. Nation to help safeguard liberal values philosophical attachment to freedom When it comes to shaping our cul- around the world. and limited government than any other ture, we must also improve the quality For America to continue its leader- Nation on Earth. Yet I also recognize of our students’ civic education. I fear ship role, however, we must have a that many cultural trends are working that many American students are grad- military with both the capability and against us. For example, nearly 41 per- uating from high school and college the flexibility to address a wide range cent of all American children are now with only the vaguest knowledge of our of challenges. And, yes, it means ade- born to unmarried women, compared founding and our Constitution and quately funding the military require- with fewer than 11 percent in 1970. what it means to be an American. It is ments, among other things, by avoid- Without stable, two-parent families, hard to defend rights if we don’t know ing the devastating sequestration of

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.042 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8181 necessary defense investments. I wish vironment. Israel’s Iron Dome missile is protecting America today, and it is, to speak to four of our challenges: nu- defense system protected its popu- therefore, unlikely to keep up with fu- clear modernization, missile defense, lation against rocket attacks, giving ture threats. terrorist threats, and transnational Israeli military and political authori- As I said, there is very little funding law. ties the time and the space necessary devoted to new breakthrough tech- For the first time in the history of to avoid a devastating ground war, nologies that could provide even more U.S. nuclear policy, the President has which is ultimately what made a truce effective defenses for the United placed nuclear disarmament and non- possible. States, such as lasers and space-based proliferation, rather than nuclear de- As Secretary of Defense Panetta said interceptors. terrence, ‘‘atop the U.S. nuclear agen- at the time, ‘‘Iron Dome does not start We should remember, as NORTHCOM da.’’ wars, it helps prevent wars.’’ Commander General Jacoby has ex- Ironically, more treaties or unilat- Elsewhere in the world, Turkey has plained to Congress, that ‘‘no home- eral actions that take us closer to nu- requested NATO Patriot batteries to land task is more important than pro- clear disarmament will not help us re- protect it against Syrian ballistic mis- tecting the United States from a lim- duce the dangers we face today. Such siles potentially armed with chemical ited ICBM attack. . . . ’’ actions will only serve to make our al- weapons. Meanwhile, Japan, South Finally, one of the greatest chal- lies who depend on U.S. nuclear guar- Korea, and the United States recently lenges we face today stems from Rus- antees more nervous, while potentially activated their ballistic missile defense sian attempts to limit the development weakening the credibility of U.S. nu- systems in response to North Korea’s and deployment of U.S. and allied mis- clear deterrence. Senate support for long-range ballistic missile launch— sile defense systems. The United States the 2010 New START treaty was based yet another reminder that the threat cannot allow Russia to dictate to us upon a commitment to modernize our doesn’t stand still. limits on the capabilities of U.S. mis- In response to Iran’s development of aging nuclear complex and weapons. As sile defenses. If they could be effective nuclear weapons and longer range bal- that commitment starts to decay, it against a Russian launch, then so be it. listic missiles, NATO has agreed to will become increasingly difficult to That is what it means to protect Amer- support the deployment of short, me- rebuild the responsive nuclear infra- icans from potential threats. If the dium, and long-range missile defense structure that even the President Russians argue that they pose no pos- systems to protect alliance territory agreed is necessary for further nuclear sible threat, then our missile defense and thereby avoid potential Iranian nu- reductions as well as the continued should be irrelevant to them. clear blackmail. So the benefits of de- credibility of the U.S. nuclear arsenal. From negotiations on the New fense are well appreciated, especially Note that I said ‘‘for further nuclear START treaty to threatening the by those most directly affected or reductions.’’ They are literally depend- United States and NATO in an attempt threatened. ent upon the U.S. modernization. to limit our planned deployments in The New START proceedings made it We have proven that it is possible to Europe, the Russians have never aban- clear that the nuclear balance between hit a bullet with a bullet, and we have doned their goal of limiting the effec- the United States and Russia under debunked the Cold War-era argument tiveness of U.S. missile defense. The New START force levels would be sta- that missile defense contributes to a answer is not ‘‘reset’’ but recommit- ble—except, of course, for the huge di- new arms race. In fact, since the ment to the principle that the most versity—or disparity, I would say—in United States withdrew from the ABM moral way to protect the American tactical nuclear weapons that Russia Treaty, we have reduced the number of people from missile attacks is by mis- enjoys. But under this stability, there deployed nuclear weapons from 6,000 sile defense. would be no incentives to strike first under START to 1,700 under the Mos- The third national security challenge during a crisis nor would there be in- cow Treaty to 1,550 under the New I wish to briefly discuss is the threat of centives to grow our respective nuclear START treaty. We must continue to political Islam. To defeat an enemy, we arsenals in the future. We should, disabuse some of the notion that U.S. must first know the enemy, and that therefore, think very carefully before vulnerability to the Russian and Chi- includes calling them by their name: we contemplate any changes to long- nese nuclear arsenals is a source of sta- radical Islamists who seek to impose standing U.S. nuclear deterrence poli- bility when, in fact, the most impor- their ideology to rule others—to gov- cies or pursue further reductions in tant constitutional and moral duty of ern political, social, and civic life, as support of the President’s disarmament any President is to protect the Amer- well as religious life. agenda. ican people. We absolutely cannot know for cer- We have made some progress in de- Intelligence is key to defeating polit- tain that fewer numbers of weapons ploying domestic missile defenses since ical Islam. The Foreign Intelligence will make us safer. In fact, Henry Kis- the United States withdrew from the Surveillance Act, or FISA, and the PA- singer and Brent Scowcroft recently re- ABM Treaty in 2002, though we have TRIOT Act are good examples of the minded us ‘‘that strategic stability is also squandered opportunities to do tools we need to know what our en- not inherent with low numbers of more. Here are just a few missile de- emies are planning and who they are weapons; indeed, excessively low num- fense challenges for the future. before they strike. These tools cannot bers could lead to a situation in which First, over the past 4 years, the be allowed to expire. surprise attacks are conceivable.’’ Obama administration has consistently The PATRIOT Act reflects a recogni- Policymakers would do well to heed reduced funding for missile defense. tion that investigators charged with the advice of Winston Churchill offered Second, it has refocused funding on re- preventing acts of terrorism should in his last address to the United States gional missile defenses that protect have at least the same investigative Congress. He said: others at the expense of protecting the tools as Federal agents charged with Be careful above all things not to let go of homeland of the United States and de- targeting mobsters or health care the atomic weapon until you are sure, and veloping future technologies. Third, fraud. more than sure, that other means of pre- the administration has scaled back the The fourth and last national security serving peace are in your hands. number of ground-based interceptors challenge I will mention is the rise of Against the backdrop of more than protecting the homeland from 54 to transnational law, which poses a seri- 100 million war casualties from conven- only 30—numbers that do not begin to ous threat to American sovereignty. tional weapons in just the 30 years be- meet the standard established by the Our government was founded on the fore development of the atomic weap- Missile Defense Act of 1999, which re- principle that laws should be made on, Churchill’s advice is sobering in- quired a defense capable of addressing through the democratic process so that deed. accidental and unauthorized attacks the people could hold their legislators The second challenge we face is with from any source. And, fourth, the ad- accountable. The American people respect to missile defense. Recent ministration has no plans to modernize elected their own representatives and, events illustrate the importance of interceptors that are more than 20 therefore, control their own affairs. missile defense in today’s security en- years old. That is the technology that That is the theory.

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.044 S19DEPT1 jbell on DSK7SPTVN1PROD with S8182 CONGRESSIONAL RECORD — SENATE December 19, 2012 Americans want the benefits of glob- the American Republic, and a resilient Senate’s top authority on nuclear al cooperation based on widespread ac- optimism about America’s future. weapons, but JON KYL is, and it is not ceptance of useful international ‘‘rules I thank my colleagues. the best way to get your face on cable of the road,’’ of course. But such rules, The PRESIDING OFFICER (Mr. news. Not a lot of air time is given to like our domestic laws, should be CARDIN.). The Senator from Texas. people who want to talk about such ar- adopted through democratic processes Mr. CORNYN. Mr. President, I wish cane but important topics. that assure accountability on the part to say a few words about our colleague, I have also watched Senator KYL over of the legislators. They should not be Senator JON KYL. I have always appre- the past couple of years cultivate more imposed by international bodies with ciated his comments, his thoughtful- junior Senators and help them become zero accountability to the American ness, his patriotism, and his intellec- experts in their own right on all of his people. tual leadership in the Senate. He will favorite issues. As a matter of fact, I The rise of global governance, I be- be sorely missed after 18 years in the attended a meeting on that just today lieve, challenges this principle. By Senate. I am sorry the Senate will be where he was trying to bring along a ‘‘global governance’’ I mean the use of losing Senator KYL’s extraordinary tal- number of us on the nuclear issue. Sen- multilateral treaties and other agree- ents, but as he retires from politics at ator KYL is always thinking about the ments to delegate power on matters the end of this month, I know he will future, always thinking about the next such as the environment, natural re- remain a powerful force in the world of generation of American leaders and the sources, and individual rights to new ideas. challenges they will face. international bodies with broad powers Time magazine named JON one of the JON quoted Margaret Thatcher, re- and little or no political account- 10 best Senators in 2006. At the time, he minding us there are no permanent vic- ability. Such issues have traditionally said: ‘‘You can accomplish a lot if tories in politics. He understands that been decided by the laws of individual you’re not necessarily out in front on the debate over limited government nations, not by international bureauc- everything.’’ That echoes Ronald Rea- and a robust national defense will racies. Some treaties would directly gan’s comment—one of his favorite slo- never be over, it will never be com- implicate U.S. national security flexi- gans: ‘‘There is no limit to what a man pletely won and, hopefully, never com- bility or capability. can do . . . if he doesn’t mind who gets pletely lost. That is why he has worked One such treaty was defeated by the the credit.’’ so hard to educate and encourage other Senate in 1999—the Comprehensive Nu- Over the last 18 years, JON KYL has younger Senators who will be fighting clear Test-Ban Treaty, which would accomplished a lot in this Chamber, these battles long after he leaves the have jeopardized America’s nuclear de- and he has never seemed to care one bit Chamber. terrent by preventing us from ever about who got the credit. When he an- As I mentioned earlier, JON KYL is again conducting tests of our nuclear nounced his retirement, the Wall tremendously principled. He is a proud weapons. We should never give up the Street Journal said JON ‘‘has been as conservative, but he is also a fair- right to verify that our nuclear deter- consequential as any Republican in minded and enormously effective legis- rent works. It is critical that we know, Congress over the last decade and a lator. Last February the New York that our allies who rely on these weap- half.’’ That is quite a compliment and Times declared that he ‘‘may be [one ons know, and that our potential ad- thoroughly deserved. of] the rare member[s] of his party who versaries know, or our weapons will As you could tell from his comments, combines the trust of conservatives, not have deterrent effect. I urge my JON has spent a career promoting the policy smarts, and forcefulness that colleagues to defeat this treaty again Reagan legacy. After he leaves, many are needed to secure deals that can should it come up before the Senate in of us will be promoting the Kyl legacy. pass.’’ the President’s second term. He is a person of strong principle, a It has been my great honor and privi- In conclusion, in all three areas I man deep in knowledge of public pol- lege to work with JON KYL on such have discussed here, we have had suc- icy, and a person—uncharacteristic in issues as immigration reform and cesses and we have had failures. I think politics—of remarkable humility. Here criminal law, among others. He is a of what Margaret Thatcher said as she is how one writer described his unique true patriot, a true intellectual in the was leaving public office; that there skill set. Senator KYL, he wrote, ‘‘is greatest sense of that term, and a truly are no permanent victories in politics. one of those rare breeds who seem to effective Senator for his State and for What she meant was one can leave of- make no strong enemies even while the Nation. After more than a quarter fice having upheld their principles and holding firm to a consistent philos- century of public service, including 18 having accomplished some of their pol- ophy.’’ As you have heard, he has been years here in the Senate, JON KYL de- icy goals, but that doesn’t mean there a leader on things ranging as wide as serves a happy and healthy and suc- will always be a consensus in favor of missile defense to criminal justice to cessful retirement, but he will be sore- their preferred policies or that their tax policy. ly missed by everybody in this Cham- accomplishments would not be reversed One of the things I have admired ber. in the future. about Senator KYL is he always seems Mr. President, I yield the floor. As I look back on my 26 years in Con- to be among the most knowledgeable The PRESIDING OFFICER. The Sen- gress and my 18 years in the Senate, I people in any room at any given time ator from Utah. am deeply proud of everything we have on any given topic that is under discus- Mr. HATCH. Mr. President, I wish to accomplished—from tax relief and wel- sion. When he speaks, people listen. echo the comments of the distin- fare reform to missile defense and nu- But he often willingly pushes others guished Senator from Texas. I have clear policy, not to mention things of into the spotlight rather than himself. served with JON KYL for his whole time primary importance to my State. But I It is because he thinks tactically: How in the U.S. Senate, and he is a lawyer’s also understand that political victories can I advance this policy or this idea, lawyer. I do not say that lightly. I do can be ephemeral because in a democ- not: How can I advance myself in the not consider many lawyers a lawyer’s racy, a debate over these issues never public spotlight. lawyer. JON is an excellent lawyer, one really ends. It is always ongoing. That certainly has been my experi- of the best I have met and certainly I will miss being involved in these ence with Senator KYL. But I would one of the best ever to sit in Congress. important debates and decisions di- add something else. He has also been a He also does not go off the deep end. rectly. From now on, my role in these courageous intellectual leader. He has When he speaks, anybody with brains matters will be as a private citizen, but consistently led on complex issues that should listen. Plus, he is a tremendous I still aim to be involved. other Senators have ignored or ne- example not just to some of us older It has been an honor—really the glected or just have a difficulty under- guys around here but especially to the privilege of a lifetime—to serve, and it standing, complex topics such as nu- new Senators and others who have is difficult to say goodbye. But I will clear modernization, missile defense, come into this body. He has been a piv- depart Capitol Hill with enormous and transnational law, each of which otal member of the Judiciary Com- faith in the American people, a pro- he mentioned in his remarks just a mo- mittee, including when I chaired it and found appreciation for the miracle of ment ago. It is not easy to become the when we did so many interesting

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.045 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8183 things. He was a pivotal member on Mr. SESSIONS. Mr. President, I how the Constitution should be inter- leading to a balanced budget in the would like to associate myself with the preted and one I basically share for the middle of the 1990s. JON has argued for remarks of Senator CORNYN and Sen- most part. I think JON has. He under- that, has argued for these types of fis- ator HATCH. Both of them have spoken stands those issues. He is able to com- cal restraints and responsibilities like eloquently and correctly about the ab- municate the great richness of the no one I know. solutely unique and exceptional con- American heritage of law to the com- JON is one of the most honest and de- tributions JON KYL has made to Amer- mon people in language people can un- cent and credible people I have known ica and to the U.S. Senate. derstand, but he is also capable of read- in the whole time I have been in the There is no Senator I have admired ing the most complex legal document U.S. Senate. He has been an excellent more, no Senator I look to more to de- and being able to spot problems with it leader for our party. As assistant mi- cide how to cast my vote, and I mean and advocate changes in law that are nority leader and assistant majority that absolutely as a fact. The words sophisticated in the most technical de- leader, he has been a great, great lead- they have used I am not so eloquent as tails. er in our party. We have all trusted to say, but they do not overstate the I guess I would have to say Senator him because he is a person who is value of my friend JON KYL. HATCH is correct. This Senate, in my trustworthy. We have all listened to His statement that we just heard is a view, has never had a better lawyer him because he is a person worth lis- comprehensive analysis, overview of than JON KYL. He has argued cases be- tening to. We have all shared the pains the current situation of this great Re- fore the Supreme Court in his private of this place with him as friends and public of which we are a part. He practice days. Not many have been a brothers working together, we hope in meant every word of it. One of the part of that. the best interests of our country. And most remarkable things about it is So whether we are talking about the there is no question in anybody’s mind that on every vote, every time an issue crime victims advocacy efforts he has on either side of this floor, when it came up, those are the values he made over a long period of time here, comes to JON KYL, they know he is a sought to advance. And sometimes you recognizing that the law should be in true American patriot who has done have to take a step back to gain two existence to advance and protect inno- everything he could while he has been steps forward, but Senator KYL always cent people against the wrongdoers, here to keep this country strong. had a vision for what America should and that we ought not to become so ob- I have to say I have always been im- be. I believe it is the correct vision sessed with defendants’ rights that we pressed with JON KYL. I have watched that we have inherited from our ances- do not remember the victims who de- him close up for all these years, but I tors that has made this country so pro- serve vindication and remuneration for do not know that I have ever been ductive and so valuable. Everything he the crimes that have been put upon more impressed than when he led the has done, every effort he has made has them. fight with regard to nuclear weapons been to advance those good values—a There are other things I could say and with regard to START. He not only great America, a decent America. And and other issues we have joined in, that was well informed, he was the best in- he has understood it. we have fought on. On more than one formed, and this body should have lis- When he talks about free enterprise, occasion, JON has felt something was tened to everything he said. I am sure he explains why that is preferable to important. Sometimes those issues most people did. other forms of distribution of wealth. were not very popular, but he believed I do not think any of us would fail to Would you rather have politicians dis- they were important and would rally try to serve this country to the best of tribute the wealth in this country? He people. I have joined with him. We have our ability. All I can say, in closing, is can articulate that in a way that em- had some good battles. We have won a that JON has served this country to the phasizes the moral power of it, the few, frankly, several I never thought best of his ability, and his abilities are need to have peace in the world, but we were going to win. But somehow, extraordinary. how do you have it? Do you get peace with his legislative skill, his deter- I personally count him as a friend. through weakness or do you have peace mination, his feisty spirit, we stayed in When I had this very interesting re- through strength? And are the nuclear there and bad things did not occur, at election this last time, with what issues necessary to our posture as a least from my perspective, that may seemed like the whole world coming strong nation in the world that is re- have occurred otherwise. down on me for some reason, one of the sistant and deters attack? Yes, they It is a great pleasure to have served first people to offer help was JON KYL. are. He understands those issues. with JON. I consider him—I know the He came to Utah, and it meant so I serve on the Armed Services Com- grammar is not perfect—our most in- much to me. mittee. JON does not, but he knows valuable Senator. So we are going to be All I can say is, wherever JON goes more about that issue than I do. And I losing someone of great national im- after this is over, they are going to be have found his leadership so valuable portance. I know he will be active. He lucky people to have him around. And because it is a thankless task. People has got a fabulous wife, Caryll. They I wish him all the success in the world. do not want to talk about it, but he has have been partners for so many years. He deserves it. I hope he and his wife talked about it. He knows it is impor- I enjoy watching them and how they and family—whom I like very much— tant, even though no one would give interact as a family. He has the values will have a wonderful, glorious exist- him credit politically for being en- that reflect the highest qualities of ence from this day onward. gaged in those issues. But it is impor- American life. We are going to miss you, JON. We tant for America, and he is willing to I yield the floor. are going to miss your intellectual ca- commit himself to that. The PRESIDING OFFICER. The Sen- pacity. I am personally going to miss I will join with Senator HATCH and ator from Indiana. your legal capacity. And all of these Senator CORNYN in my admiration for Mr. COATS. Mr. President, I am join- other accolades that have been given JON’s service on the Judiciary Com- ing my colleagues in rising today to your way, I will miss all of those too. mittee. That is an important com- pay honor and respect to the service of But you have a friend here, and this mittee, and he has been a rock-solid JON KYL, a tribute to his passion for friendship, in my opinion, is an eternal member of it. Even though he has been public service and his State of Arizona one, and anything I can ever do for in the leadership, so therefore he did and his country in this Congress for 26 you, I will certainly try because I know not chair the committee—which he years. I echo all the sentiments and all you would never ask for anything that would have been one of the great chair- the words that have been said by our was not accurate or right. So I wish men we would have ever had of that colleagues. There are not enough adjec- you Godspeed, and know there are a lot committee—but he has moved the com- tives to adequately describe the ex- of us who really, really hate to see you mittee and brought forth issues and ad- traordinary service JON has provided to go. vocated principles that are consistent this country. I yield the floor. with the great American rule of law. I have had the pleasure of serving The PRESIDING OFFICER. The Sen- Today we just got word that Robert alongside him in the House of Rep- ator from Alabama. Bork died. He had a classical view of resentatives, in the Senate—two times,

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.047 S19DEPT1 jbell on DSK7SPTVN1PROD with S8184 CONGRESSIONAL RECORD — SENATE December 19, 2012 as some know. I served before and then person you go to to say: JON, how do we (b) Not later than 365 days after the date of was out for 12 years and then came get this done? What should our strat- enactment of this Act, the Administrator back. In my many years of service egy be? If you are on board, I think we shall— here, it is hard to think of a person can accomplish this. I know I am re- (1) submit a report to the committees of jurisdiction in Congress on the initiative to who has been more influential and been peating a lot of what has been said al- modernize the per capita damage indicator; more of someone I wanted to emulate ready about JON and will be said by and and to learn from and to look at as a others here who will come down, but to (2) present recommendations for new meas- wise counsel than JON KYL. find someone this grounded in his en- ures to assess the capacities of States to re- He has been described as an influen- deavors is hard to find. spond and recover to disasters, including tial member of the Judiciary and Fi- JON is also grounded in his faith, his threat and hazard identification and risk as- nance Committees. Yes, he has been an faith in God, his faith in America, his sessments by States and total taxable re- outspoken leader on issues of very sig- faith in his constituents, his faith in sources available within States for disaster nificant importance to this country— recovery and response. this institution, not a perfect institu- (c) As used in this section, the term significant issues including the land- tion, one which we are struggling in ‘‘State’’ means— mark Crime Victims Rights Act, right now, but his faith that in the end (1) a State; progrowth tax policies that we have we are here to do what is best for (2) the District of Columbia; been debating here, patient-centered America. In the end, we will need to (3) the Commonwealth of Puerto Rico; health care reform, and antiterrorism make hard decisions. JON has always (4) any other territory or possession of the laws, nuclear proliferation, safe- been one leading that effort, always United States; and guarding our nuclear stockpile. On and one willing to stand up to make those (5) any land under the jurisdiction of an In- on it could go. dian tribe, as defined in section 4 of the In- decisions. dian Self-Determination and Education As- JON recently called me to his office I count him as a friend. Marsha and I sistance Act (25 U.S.C. 450b). and said, you know, there are 13 sepa- wish you, JON, and Caryll, all the best SEC. 1106. PROHIBITION ON EMERGENCY SPEND- rate things here that have been the in this next chapter of your life. I am ING FOR PERSONS HAVING SERIOUS highest priority for me. Now not many comforted by the fact that you will not DELINQUENT TAX DEBTS. Senators will tell you they have got 13 be more than a phone call away, and (a) DEFINITION OF SERIOUSLY DELINQUENT high-priority issues they not only are the fact that I am going to need wise TAX DEBT.—In this section: interested in but have drilled down in a counsel on a number of things; more (1) IN GENERAL.—The term ‘‘seriously delin- unique, in-depth understanding of than that, that we can retain a friend- quent tax debt’’ means an outstanding debt under the Internal Revenue Code of 1986 for those particular issues. JON said: One ship which we have enjoyed in our serv- which a notice of lien has been filed in public thing I want to accomplish before I ice together on two separate occasions records pursuant to section 6323 of that Code. leave is to make sure someone will interrupted by 12 years. But I am look- (2) EXCLUSIONS.—The term ‘‘seriously de- pick up the ball and take the baton and ing forward to continuing to enjoy our linquent tax debt’’ does not include— carry on those issues after I leave. time together. I want to wish you and (A) a debt that is being paid in a timely That is an extraordinary statement. Caryll not only our thanks, thanks manner pursuant to an agreement under sec- First of all, the breadth and the depth from the people I represent and thanks tion 6159 or 7122 of Internal Revenue Code of of his engagement and his knowledge, from America for your service, but the 1986; and which I do not think any one person (B) a debt with respect to which a collec- very best wishes for both of you in the tion due process hearing under section 6330 here—it would take many—could begin future. of that Code, or relief under subsection (a), to duplicate, but also the leadership I yield the floor and I suggest the ab- (b), or (f) of section 6015 of that Code, is re- that he has provided on issues of sig- sence of a quorum. quested or pending. nificant importance to the future of The PRESIDING OFFICER. The (b) PROHIBITION.—Notwithstanding any this country. JON was listed as one of clerk will call the roll. other provision of this Act or an amendment the world’s 100 most influential peo- The legislative clerk proceeded to made by this Act, none of the amounts ap- ple—well-deserved recognition. call the roll. propriated by or otherwise made available In Washington, he has been labeled as Mr. COBURN. Mr. President, I ask under this Act may be used to make pay- one of the 25 hardest working law- unanimous consent that the order for ments to an individual or entity who has a the quorum call be rescinded. seriously delinquent tax debt during the makers. I cannot think of anybody who pendency of such seriously delinquent tax stands higher in that list than JON The PRESIDING OFFICER (Mr. debt. MANCHIN). Without objection, it is so KYL. My mental image of JON KYL is SEC. 1107. PROHIBITION ON EMERGENCY SPEND- JON striding through the Halls of Con- ordered. ING FOR DECEASED INDIVIDUALS. gress literally leaning into the wind. It AMENDMENT NO. 3371, AS MODIFIED None of the amounts appropriated by or is as if there is a 60-mile gale coming in Mr. COBURN. Mr. President, I ask otherwise made available under this Act may his face, and JON is leaning into it with unanimous consent to return to Coburn be used for any person who is not alive when determination. I see his staff nodding amendment No. 3371. the amounts are made available. This prohi- bition shall not apply to funeral costs. their heads here. It has got to be hard The PRESIDING OFFICER. The amendment is now pending. SEC. 1108. PROHIBITION ON EMERGENCY SPEND- to stay up with JON when he has his ING FOR FISHERIES. mind on something and he is deter- Mr. COBURN. I ask unanimous con- sent that the amendment be modified None of the funds appropriated or made mined to get something done. He is available in this Act may be used for any leaning in like a ship into a gale, mov- with the changes I will now send to the commercial fishery that is located more ing forward to try to accomplish his desk. than 50 miles outside of the boundaries of a mission. The PRESIDING OFFICER. Without major disaster area, as declared by the Presi- We all say when someone leaves here, objection, it is so ordered. The amend- dent under the Robert T. Stafford Disaster we are losing someone whom maybe we ment is so modified. Relief and Emergency Assistance Act (42 cannot replace. That may or may not The amendment, as modified, is as U.S.C. 5170 et seq.), for Hurricane Sandy. be true. In my first iteration, when I follows: SEC. ll. RETURN OF UNUSED EMERGENCY At the appropriate place insert the fol- FUNDS. gave my farewell speech, I think there lowing: (a) RETURN OF FUNDS.—Any amount made were probably a lot of people who said: SEC. 52007. (a) Not later than 180 days after available by this Act to carry out a program We can find a substitute for COATS; the date of enactment of this Act, the Ad- that is designated as an emergency and 2 that will not be too hard. It is true. ministrator of the Federal Emergency Man- years after the date of enactment of this Act Finding a replacement for JON KYL is a agement Agency (in this section referred to remains available for obligation or has been tall task. It is going to be very hard to as the ‘‘Administrator’’) shall review the obligated but not yet spent shall be re- find someone who has the passion for public assistance per capita damage indi- scinded and returned to the Treasury to re- this, his service, the intelligence and cator and shall initiate rulemaking to up- duce the deficit. date such damage indicator. Such review and (b) PROGRAM TERMINATION.—Notwithstand- the knowledge of the issues he engages rulemaking process shall ensure that the per ing any other provision of this Act, any new in, the leadership qualities he provides, capita indicator is fully adjusted for annual program authorized and funded by this Act is the counsel he provides to all of us. JON inflation for all years since 1986, by not later terminated 2 years after the date of enact- KYL is the go-to guy. JON KYL is the than January 1, 2016. ment of this Act.

VerDate Mar 15 2010 06:44 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.055 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8185 (c) MATCH SUNSET.—The 90/10 cost share mobile home, or any personal property that laration was declared for Virginia after provided in this Act shall expire 2 years after is located in an area that has been identified the earthquake that was felt in the the date of enactment of this Act. by the Administrator of the Federal Emer- Capitol. But this wasn’t a disaster that SEC. 1106. (a) PROHIBITION ON USE OF FUNDS gency Management Agency as an area hav- overwhelmed local capabilities. It FOR FUTURE DISASTER RECOVERY CONTRACTS ing special flood hazards and in which the NOT COMPETITIVELY AWARDED.—Amounts ap- sale of flood insurance has been made avail- didn’t overwhelm the capabilities of propriated or otherwise made available by able under the National Flood Insurance Act the regional capital area, and it didn’t this Act may not be obligated or expended of 1968, unless, on the date on which the dis- overwhelm the capabilities of Virginia. for any contract awarded after the date of aster to which the assistance relates oc- Yet we transferred what were truly re- the enactment of this Act in support of dis- curred, the building, mobile home, or per- sponsibilities of the State and local aster recovery if such contract was awarded sonal property was covered by flood insur- communities to the Federal Govern- using other than competitive procedures as ance in an amount at least equal to its devel- ment. otherwise required by chapter 33 of title 41, opment or project cost (less estimated land So this per capita damage indicator United States Code, section 2304 of title 10, cost) or to the maximum limit of coverage United States Code, and the Federal Acquisi- made available with respect to the par- ends up becoming very problematic for tion Regulation. ticular type of property under the National two reasons: First, it was established (b) CURRENT NO-BID CONTRACTS.— Flood Insurance Act of 1968, whichever is in 1986 and FEMA has failed to update (1) REVIEW OF CONTRACTS.—Not later than less.’’. it; and, second, simply using a per cap- 60 days after the date of the enactment of Mr. COBURN. Mr. President, I would ita damage indicator is an unfair way this Act, Federal agencies shall conduct a re- like to talk about per capita damage to assess whether a disaster has oc- view of all contracts to support disaster re- indicators and initiating a rule process curred. covery that were awarded before the date of Let me explain why. Suppose you the enactment of this Act using other than update. competitive procedures in order to deter- The State of Oklahoma, in the last 7 have a small populated State versus a mine the following: years, has had more declarations of dis- large populated State where you have a (A) Whether opportunities exist to achieve aster named than any other State in large concentration of people in an cost savings under such contracts. the country. The standard used to be if area. You would not ever attain it if (B) Whether the requirements being met by we had a disaster that overwhelmed you have a large population, whereas if such contracts can be met using a new or ex- the ability of the State to handle it. you have a small population, you will, isting contract awarded through competitive We have gotten away from that, and with the exact same event. So my ques- procedures. tion is, Should Oklahoma benefit on a (2) COMPETITIVE AWARD OF CONTRACTS.—If a this hasn’t been updated since 1986. Federal agency determines pursuant to the Under the Stafford Act of 1988, the per capita basis from the same event review under paragraph (1) that either sub- whole purpose of our emergency re- happening in Oklahoma as happens in paragraph of that paragraph applies to a con- sponse was for us to step in and provide Los Angeles, where we get declared an tract awarded using other than competitive assistance when State and local capa- emergency and Los Angeles doesn’t? procedures, the agency shall take appro- bilities were overwhelmed. It is clear That is what has happened, since we priate actions with respect to the contract, in New York and New Jersey and in have not updated this per capita dam- whether to achieve cost savings under the communities that were affected by this age indicator. It is unfair for the larg- contract, to use a new or existing contract er, more populous States that we do it awarded through competitive procedures to latest storm that State and local capa- meet applicable requirements, or otherwise bilities were overwhelmed. It is clearly this way. to discontinue of the use of the contract. an appropriate time for the Federal So all we are saying is we should Strike section 1003 and insert the fol- Government, through the Federal take the GAO report and follow some lowing: Emergency Management Agency, to of the recommendations. And what are SEC. 1003. None of the funds provided in step in and provide assistance. those recommendations? FEMA should this title to the Department of Transpor- Unfortunately, FEMA has been de- review the per capita damage indicator tation or the Department of Housing and and initiate a rulemaking to modernize Urban Development may be used to make a claring an increasing number of disas- grant unless the Secretary of such Depart- ters over the past two decades, includ- it. It would require the FEMA Admin- ment notifies the House and Senate Commit- ing for many storms and many events istrator to update the per capita dam- tees on Appropriations and posts the notifi- where State and local capacities age indicator for all the years since cation on the public website of that agency weren’t overwhelmed. Let me make 1996 by no later than January 1, 2016. not less than 3 full business days before ei- that statement again. So we are going to give them over 3 ther Department (or a modal administration Many of the disasters that have been years to update it. of either Department) announces the selec- declared were declared when State and Second, the amendment requires the tion of any project, State or locality to re- local capabilities were not over- FEMA Administrator to report to Con- ceive a grant award totaling $500,000 or more. gress on better and fairer ways to as- In title IV, under the heading ‘‘CONSTRUC- whelmed at all. So here we are, sitting TION (INCLUDING TRANSFER OF FUNDS)’’ under with this tremendous debt, sitting with sess States’ preparedness and capabili- the heading ‘‘CORPS OF ENGINEERS—CIVIL’’ tremendous deficits, and we are now ties to respond to a disaster. under the heading ‘‘DEPARTMENT OF THE applying a lower standard than what Finally, I would say this is a reason- ARMY’’ under the heading ‘‘DEPARTMENT we should, in my mind. It is not just able approach based on what GAO’s OF DEFENSE—CIVIL’’ strike ‘‘Provided fur- my opinion; the GAO has actually so analysis and recommendations were, ther, That cost sharing for implementation decided. We have a GAO report that which is to encourage FEMA to update of any projects using these funds shall be 90 says this ought to be modified. its process for how it declares disasters percent Federal and 10 percent non-Federal so that we can preserve and focus more exclusive of LERRDs:’’ and insert ‘‘Provided If we go back in history and look at further, That the Secretary shall determine the Reagan administration, on average aid for disasters such as Sandy, which the Federal and non-Federal cost share for they declared 28 events each year in is in front of us right now. implementing any project using these funds the 1980s. Under the current adminis- It is my belief that although this in accordance with section 103 of the Water tration, we are averaging 140 disaster may divide some in this Chamber, this Resources Development Act of 1986 (33 U.S.C. declarations a year. My State, as I is a smart thing for us to do for the 2213):’’. said, has had the most FEMA disaster country. It is a fair thing for us to do SEC. lll. Section 406(b)(1) of the Robert declarations—25 in total. for every State—to treat them all the T. Stafford Disaster Relief and Emergency same instead of advantaging the small- Assistance Act (42 U.S.C. 5172(b)(1)) is So what I am offering isn’t nec- amended— essarily going to be beneficial for my er States, such as my State, and giving (1) in the paragraph heading, by striking State, but it makes great common a disadvantage to the larger States. ‘‘MINIMUM’’; and sense for our country because if, in I would be happy to work with the (2) by striking ‘‘not less than’’ and insert- fact, they update the per capita effect, chairman to modify this in a way that ing ‘‘not more than 75 percent’’. some of those declared disasters in would meet with his approval, but it is On page 16, strike lines 17 through 20 and Oklahoma probably would not now be something that is sorely lacking. It is insert ‘‘Provided’’. On page 24, line 21, strike the period and declared disasters. something that is causing us to inter- insert the following: ‘‘; Provided further, That Let me give an example. In 2011, we cede at times we shouldn’t be and caus- the amounts made available under this head- felt a little tremble in Washington ing us to not intercede at times we ing may not be used to assist a building, a from an earthquake. A disaster dec- should.

VerDate Mar 15 2010 06:44 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.006 S19DEPT1 jbell on DSK7SPTVN1PROD with S8186 CONGRESSIONAL RECORD — SENATE December 19, 2012 I yield the floor. Katrina we went and helped people and Fishermen have been fishing there The PRESIDING OFFICER. The Sen- small businesses that had been wiped commercially not just for a few hun- ator from Vermont. out temporarily to be able to come dred years but for 10,000 years of sur- Mr. LEAHY. Mr. President, I suggest back—our fishing people deserve emer- vival on our oceans. the absence of a quorum. gency assistance to tide them over and When you think of the value in 76,000 The PRESIDING OFFICER. The help them through this most critical jobs in Alaska directly and indirectly clerk will call the roll. time. connected to the fishing industry, it is The assistant legislative clerk pro- I would turn to the Senator from New over $5 billion. It doesn’t matter in a ceeded to call the roll. Hampshire and the Senator from Alas- commercial fishery—if you are in Mr. KERRY. Mr. President, I ask ka and I ask the Senator from New McDonald’s having a fish sandwich, the unanimous consent that the order for Hampshire what this means to the odds are that it comes from our fish- the quorum call be rescinded. State of New Hampshire, if she might eries. If you sit in the fanciest res- The PRESIDING OFFICER. Without share with us. taurants anywhere in the world, the objection, it is so ordered. Mrs. SHAHEEN. My friend from Mas- odds are that some of our fish is there. Mr. KERRY. Mr. President, I ask sachusetts understands the challenges As Senator SHAHEEN said, this is a bi- unanimous consent that the Senators we have in New Hampshire, as does partisan issue. The disasters that are from Alaska, New Hampshire, Rhode Senator WHITEHOUSE from Rhode Is- declared for fisheries in this bill have Island, and Massachusetts be permitted land because, in fact, fishing is one of been declared disasters. It is not some to proceed in a colloquy for a period of the oldest industries we have in New pie in the sky, some pork, or we sit about 15 minutes, with the under- England. In New Hampshire, it dates around and say: Let’s get some money standing that at the end of it we will back over 400 years. Because we have a for every State. These are actually de- enter into a quorum call. much smaller coastline than Massachu- clared disasters by the States and our The PRESIDING OFFICER. Without setts and Rhode Island, we have a Federal Government that need to be objection, it is so ordered. smaller group of people who earn their funded. FISHERIES living through fishing. They have In our situation, it is even more Mr. KERRY. Mr. President, I begin smaller boats, and therefore they are dire—not just the economic impact I by saying very quickly there is an more affected by some of the fishing just laid out, but an elder told me one amendment that has been brought for- regulations and some of the adverse time that in urban cities, you walk out ward to try to strike from an emer- weather conditions that have affected the door and you go down the street to gency assistance bill critical aid, aid fishing. Safeway for your food. In rural Alaska, that is, frankly, less than it ought to About 90 percent of the fishing New you open your door, and what is in be in order to deal with the crisis of Hampshire’s fishermen do is for cod, front of you? The nature they see is the the fisheries not of one State but of the and cod is the species that has been grocery store. entire New England region and of other most affected by declining fish stocks. So when they have—in our case, the regions of the country—the Pacific, It is a huge issue for our small remain- YK Delta, the Yukon-Kuskokwim also, and other parts of the country ing fishing industry. The fact that Delta in the western part of Alaska, that have been hit. there is funding to help them in this had a devastating king salmon fishery The fact is that in Massachusetts we bill is absolutely critical because with- loss in terms of the quantity of the have 77,000 jobs, a billion-dollar indus- out this funding we are going to lose fish. So when that fish is not able to be try that is a part of our culture and a that industry in New Hampshire. We harvested, to be put into the store- part of our history. Fishing is vital to have 5,000 jobs affected here, $106 mil- houses for the winter, then the limited our State. We have local fishermen, we lion in income to the State of New cash that they have, in an area where have commercial fishermen, we have a Hampshire. fuel cost to heat their home is $8, $9, sports fishing industry, and it is a vital I think it is important to point out $12 a gallon, now has to go to not only part of the commerce of our State and that this is a bipartisan effort. Last heating that they have already set that of the entire history of our Nation. week we had a letter with 13 of our col- cash aside for, now they have to get We have been hit in the last years by leagues, including Senators WICKER, food shipped in. So their limited cash is record levels of reduction in our fish MURKOWSKI, COLLINS, SNOWE, and now split between heating their home stocks, and we have also been hit by BROWN, urging the committee to in- and putting food on the table. Federal regulations that are trying clude this funding in the bill. It is Let me tell you, in Fairbanks, AK, desperately to hold on to those fish there now. I certainly hope we are which is urban, outside it was 40 below stocks for the long term and for the fu- going to see bipartisan support for yesterday. So heating your home is not ture, which have, regrettably, reduced keeping this funding in the bill. like just turning on your heater when our fishing effort in certain fisheries by Let me just turn—— you come home from work. It is a 50 to 80 percent. Mr. KERRY. Mr. President, before whole different ball game. We have fishermen who have their my colleague does, if I could ask the But most importantly, they live off boats—just like a home—mortgaged. Senator from New Hampshire—I ask the land. It is not some hobby they do Their homes, their families are en- unanimous consent that the Senator on the weekend. It is not a sports tirely dependent on their ability to from Maryland be able to join us in event. They harvest the food. The Sen- bring in revenue, but because of the this colloquy and extend it for about 10 ator from Massachusetts said it best— regulations they are prevented from minutes. we harvest the ocean. We are no dif- going out and doing that because of the The PRESIDING OFFICER. Without ferent from any farmer in the Midwest reduction in the stock which is a God- objection, it is so ordered. or anywhere else. So when the YK given effect of nature—just like a Mr. KERRY. I know the Senator from Delta loses its king salmon, a critical drought in the Western part of our New Hampshire wanted to turn to the piece of their food supply, it is real. It country, just like a flood which we re- Senator from Alaska? is not about: We will go fishing next spond to, just like a fire, just like a Mrs. SHAHEEN. We are from New year. This is about: Do we have enough storm. England. Senator MIKULSKI is further food on the table? Our fishermen are the farmers of the south on the east coast. But this is a When I hear people on the other side ocean, and they provide an unbeliev- bicoastal problem because, as I know and others who say this is a bunch of able amount of food to the people of Senator BEGICH will tell us, it is a huge pork and a bunch of this and that, they our country. We want to preserve that. issue for people in Alaska and for those need to come to Alaska. I would enjoy If they are not going to fish for a few on the west coast. They have the same them coming right now in the winter years, we want to know they can come problem. at 40 below and seeing what people back and fish sometime in the future, Mr. BEGICH. I will tell you, in Alas- have to do. and that is what they want to do. ka it is even magnified in a lot of ways. To me, this is such a small amount Just as we have tide people over in If you think of this country, three- to make such an impact not only to us the past in our country—just as in quarters of the coastline is Alaska. but to all the coastal States that are

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.057 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8187 suffering with this situation in our ten to people who go out in really cold States, $40 billion. We have more than fishing industry. weather and put their hands in that icy five States—many more here—asking Mr. KERRY. Mr. President, I ask the water, and they all risk their lives. for $150 million, as the Senator from Senator from Maryland, if I can—I Everybody wants to go see the movie Maryland has pointed out. know the Senator from Rhode Island ‘‘Triple Storm.’’ We can’t have a triple The distinction is so clear. I just say wants to join in here, but the Senator storm here in the Senate, which is this point-blank that this legislation is not from Alaska made a really important amendment, rejection of the urgent going to pass without the inclusion of point that I think the Senator from supplemental, and the inertia of the this fishery money—point-blank and Maryland can speak to very specifi- Senate. period. I think the Senator from Rhode cally; that is, this is not some amount I say to my colleagues, your words Island would agree with me. of money that got pulled out of the sky are well-spoken in defense of your Mr. WHITEHOUSE. I would be de- and was put in in the dead of night be- State, but you are also exactly fol- lighted to agree with the Senator from hind a closed door as some kind of lowing the law. Massachusetts. On Rhode Island’s be- backdoor deal. This has been thor- I urge the Senator from Oklahoma to half, our fisheries disaster, as the dis- oughly vetted through the Commerce withdraw his amendment because it tinguished Senator from Maryland Department, through the fisheries, would make it out of compliance. said, was declared by the Secretary of through the committees, through all of I say to each and every one of you as Commerce. This is not a maybe. This is the regulators, through the White a fellow coastal Senator, I know our not trying to sneak something in. This House. The White House has signed off fishing industries—you call them fish- is a declaration of the U.S. Govern- on this. This is a designated emer- ermen, we call them watermen—wheth- ment. It was the New England multi- gency. It has gone through the requests er it is oysters, crab, or rockfish, it is species groundfish fishery disaster that of the Governors. The Governors have part of our economy and it is part of affected the State of Massachusetts. had to submit their data. It has all our identity. They asked for help. There was great leadership from Sen- been through the process. I will oppose the amendment of the ator KERRY on all of this, as it affected I would ask the Senator from Mary- Senator from Oklahoma. I actually the State of New Hampshire, and great land because she is responsible on the would ask him to withdraw it because leadership from Senator SHAHEEN on Appropriations Committee for making it is not a matter of debating policy, all of this. these judgments—there is not a Sen- how to be a smarter and more frugal Governors of Rhode Island, Massa- ator here who would not agree that she government, it is actually in violation chusetts, Maine, New Hampshire, New does that with rigor and with stand- of the current law. York, and Connecticut all signed the ards—I ask her what the meaning is, I thank Senators for standing up for request for that disaster declaration. No. 1, to the State of Maryland, which their own communities, and I hope this In Rhode Island’s letter our congres- has a fishing industry, and, No. 2, to clarifies this bizarre situation. sional delegation—myself and my sen- the legitimate process of the Senate? Mrs. SHAHEEN. Will the Senator ior Senator, Mr. REED, Congressman Ms. MIKULSKI. I thank the Senators from Maryland yield for a minute? CICILLINE, and Congressman LAN- from New England, and I am happy to Ms. MIKULSKI. I yield to the Sen- GEVIN—wrote: answer the question and join here with ator from New Hampshire. In addition to the direct impact on ground- my fellow coastal Senators. Mrs. SHAHEEN. Isn’t it true that fish catch limits, there will likely be indi- First, I would like to respond in my since 1994, Federal fishery failures have rect impacts on other fisheries that these official responsibility in the Senate, been declared on 29 different occasions same permit holders, and many other Rhode which is to chair the Subcommittee on and that nearly $827 million in Federal Island fisherman, also rely on. Commerce, Justice, Science. It is in funding has been appropriated for fish- To the point Senator BEGICH of Alas- that subcommittee that the NOAA— ery disaster relief? ka made, economic disaster in the fish- the National Oceanic and Atmospheric Ms. MIKULSKI. Yes, the Senator is ing industry cascades through the rest Agency—is funded. It is there that the exactly right. And it happened under of our economy. fisheries money is spent. Any fishery both Democratic and Republican Sen- Ms. MIKULSKI. Yes. disaster, in order to qualify for Federal ates. So this has been declared under Mr. WHITEHOUSE. It is not just the assistance, must be certified by the President Bill Clinton, and we worked fishermen coming home with empty Secretary of Commerce. Every single with his Secretaries of Commerce. This nets because the cod moved offshore, it fisheries disaster in this bill has been was done under George Bush, and Sec- is the fuel suppliers to their boats, the certified by the Secretary of Commerce retary Gutierrez, himself from a coast- engine repair shops that take care of to meet compelling human need, eco- al State of Florida—we worked very the mechanics, the net repair and con- nomic necessity, and be within the cri- well together because the appropri- struction groups. So a whole economy teria established by law. ators and the Governors and the econ- stands on this. It is really inconceiv- The Senator from Oklahoma, well-in- omy people have to work together with able that a Senator from a State that tentioned, is asking us to violate the Senators. has, as one of a group of five, soaked up law. He wants to make fisheries disas- The answer is yes. Again, you cannot $40 billion of disaster assistance would ters under the Stafford Act. The Staf- get fisheries disaster assistance unless now begrudge us $150 million after this ford Act, named after the Senator from it has been certified by the Secretary disaster was declared. New Hampshire—a wonderful Repub- of Commerce in compliance with the This is bipartisan. Let me ask unani- lican—was for FEMA. If you think you criteria in current law. mous consent to have printed in the have a FEMA disaster, you go to the Mr. KERRY. Mr. President, could I RECORD the letter Senator SHAHEEN Governor. There has to be data col- just take 30 seconds, if I may? mentioned earlier as an exhibit for the lected. It has to go to the President. If Mr. WHITEHOUSE. Sure. end of the colloquy. you think you have a fishery disaster— Mr. KERRY. I want to make it clear The PRESIDING OFFICER. Without which we coastal Senators experience to my colleagues as we engage in this objection, it is so ordered. these days all too often—it has to go colloquy—I asked at the beginning of it (See Exhibit 1.) through the Secretary of Commerce. if one of my staff folks would go check Mr. WHITEHOUSE. It is signed by 35 I assure those of you on the floor, all out some figures for me, and I just got Republicans and 9 Democrats. It could those Senators, all taxpayers listening, them. I hope the Senator from Okla- not be more bipartisan. We are trying that every one of these fisheries disas- homa is listening to this because from to deal with a real problem here, and it ters has been certified, has been vetted just 2004 to 2011—7 years—the Federal is a recurring problem. to really say that in each and every Emergency Management Agency re- Our historic New England ground fi- State where we respond, it meets this gion 6, which includes Texas, Okla- duciary is facing significant cuts in our criterion. homa, Arkansas, Louisiana, and New catch limits because our populations As to the money in the bill, in a $60 Mexico—that is 5 States—received 68 are not rebounding the way that sci- billion bill, this is $150 million. Listen disaster declarations and almost $40 entists anticipated they would. Some- to the jobs, listen to the economy, lis- billion in disaster assistance. For five thing out there is causing this failure

VerDate Mar 15 2010 06:06 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.060 S19DEPT1 jbell on DSK7SPTVN1PROD with S8188 CONGRESSIONAL RECORD — SENATE December 19, 2012 to rebound and unprecedented environ- I think the Senator may have either rative process that invites fishermen mental changes very related to the en- not known or not been aware of all the and fishing businesses to have a say in vironmental changes that whip up details that have been laid out here, that process. Given that their liveli- giant storms like Sandy are at the and I would plead with him to take a hoods have been affected, I think it is heart of this. look at the legitimacy of the law, the important for them to be part of the One last quote, and then I will yield way in which this has been set up, and process of how this funding is given back to my colleagues who are engaged hopefully withdraw his amendment. out. in this colloquy. Where we are is a big Also, to all of our colleagues, I know body of water called the Northeast we are struggling with the fiscal cliff Mr. BEGICH. Let me conclude with Shelf Large Marine Ecosystem which is and it is the holiday time. There are a my comments to say I agree especially tracked by NOAA, and it extends from lot of people hurting in America. In the with the latter part regarding how to the Gulf of Maine all the way down to wake of what happened in Newtown, engage people on what these resources Cape Hatteras on our Atlantic coast. CT—a moment that sort of stops our will be. I want to commend the chair- Here is what NOAA reports: country cold—where we all have to man of the Subcommittee on Appro- During the first six months of 2012, sea sur- stop and think about what is and is not priations on the eloquent description of face temperatures in the Northeast Shelf important and what our responsibil- exactly how this happened. I like ear- Large Marine Ecosystem were the highest ities are, it is hard for me to grapple marks as well, but this is not an ear- ever recorded . . . above-average tempera- onto the notion that in a moment tures were found in all parts of the eco- there could be a change in attitude mark. This is a process that has gone system, from the ocean bottom to the sea where people could begin to perhaps through step after step to ensure that surface and across the region. find a constructive way to work to- everyone in my State—Republican There is a real physical rationale and gether. There are so many people in so Governor and a Republican and Demo- reason for the disaster that we are many places who are living by the law. cratic delegation—has an important seeking a remedy for in our home State They are dependent on this profession role here. industries that are being so grievously and want to stand up and return to it stricken. This takes nothing away from because it is part of their lifetime and Superstorm Sandy. We recognize—all Ms. MIKULSKI. Mr. President, may I will not get help on a Federal basis the of us on this floor—how devastating draw the distinction between a fishery way we have helped people throughout that was, but this was also a disaster of disaster and an earmark? Because our history. there is an undercurrent here from the I call on our colleagues to think hard a different making. As a matter of fact, amendment of the Senator from Okla- about that as we think about this at the request of Senator KERRY—and homa, who has said on many occasions amendment. as the chair of the Subcommittee on that he has been the defendant of the I yield to the Senator from New Oceans and Fisheries—I listened to the taxpayer. Well, so am I. The difference Hampshire. fishermen there about the many spe- between an earmark is a congression- Mr. INHOFE. Mr. President, I yield cies that are devastated and the quotas ally designated project that meets the for a point of inquiry. It was my under- they are facing. criteria that Senator deems appro- standing that under the unanimous priate to help his State. That is not consent that I would get the floor. I This is not only critical to be done what this is. When he says it has to be don’t mind waiting for the time that now, it is also that the amount of certified by the Stafford Act, he is im- they have requested, but I want to money is so small and the impact is plying that these are uncertified, make sure I do get recognized after the significant when we think about the unneeded, unwarranted, and are ear- conclusion of this for such time as I thousands of jobs that will be affected marks. Once again I will say that these shall consume under morning business. by this. are certified by the Secretary of Com- The PRESIDING OFFICER. Is there In my State it is truly about food and merce. They meet the criteria for com- objection? survival for the Alaskan Native com- pelling economic and human need as Mr. KERRY. Reserving the right to munity in the winter months with tem- required by law. This is not an ear- object, I think the way we operate is peratures that are not zero or 10 above mark, it is certified disaster assist- that we need to have a time agreement, ance. and we also have to have an agreement but 40 below. Let’s get rid of this phony-baloney that at the conclusion of the Senator’s I implore my colleagues on the other nonsense that somehow or another that remarks, we will go back into a side to support this bipartisan effort would undermine this bill of $150 mil- quorum call. and reject the amendment by Senator lion that could restore livelihoods for Mr. INHOFE. Yes, I certainly agree COBURN. people who are willing to work out to that. Keep in mind I have already there and risk their lives to feed Amer- asked for unanimous consent not to Again, I thank all of my colleagues ica. proceed for more than 20 minutes. for coming down here. This just shows Mr. KERRY. Mr. President, it is my Mr. KERRY. Not to exceed for 20 one of the roles that we have as a legis- understanding that our time is just minutes with the understanding that lative body. When disasters are de- about up. the quorum call will go into effect at clared, we unify, no matter where we The PRESIDING OFFICER. Correct. the end of the remarks. live, to figure out how to make sure Mr. KERRY. Mr. President, I ask The PRESIDING OFFICER. Hearing the people of this country are taken unanimous consent for 5 minutes under no objection, so ordered. care of. the colloquy. Mr. KERRY. We reserve our time, I yield the floor. The PRESIDING OFFICER. Without and I yield to the Senator from New objection, it is so ordered. Hampshire. Mr. WHITEHOUSE. I will close the Mr. KERRY. I will take 1 minute of Mrs. SHAHEEN. Mr. President, I will colloquy by thanking Senator MIKUL- it. I thank the Senator from Maryland be brief because my friend from Massa- SKI for her leadership, support, and her for that important distinction. chusetts was eloquent in talking about key role on the Appropriations Com- I want to say to the Senator from the livelihood of people in our fishing mittee. I want to thank Senator KERRY Oklahoma—and the other Senator from industry who have been affected by the of Massachusetts for his leadership on Oklahoma—that I think all of us have disaster, and as a result there have the original disaster declarations that enormous respect for him and for his been low species and low catch num- brought us to this point. I want to intelligence and the way in which he bers because of regulations in an effort thank Senator SHAHEEN of New Hamp- seeks to protect taxpayers and cut to bring back those fish. shire for pulling this colloquy together. pork and get rid of earmarks. We all re- I hope if we can support these dis- spect that. There are legitimate mo- aster funds that as the Department of Thank you to Senator BEGICH for his ments when it is appropriate to do Commerce is allocating this funding, advocacy on that other coast. that. that they will do it with a collabo- I yield the floor.

VerDate Mar 15 2010 06:06 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.062 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8189 EXHIBIT 1 9, 2011. This action released substantial Federal help, but nonetheless we ana- U.S. SENATE, amounts of freshwater into the Mississippi lyze what the damages are and what Washington, DC, December 11, 2012. Sound, impacting the entire ecosystem. Mis- was caused by the particular disaster. Hon. BARBARA A. MIKULSKI, sissippi’s oyster and blue crab fisheries were We don’t just use that to open the door Chairwoman, Subcommittee on Commerce, Jus- extensively damaged, resulting in severe eco- nomic hardship for commercial fishermen and have something in there for every- tice, Science, & Related Agencies, Committee body, and that is what is happening on Appropriations, U.S. Senate, Wash- still recovering from the devastating im- ington, DC. pacts of Hurricane Katrina and the BP oil now. They are asking for $60 billion, Hon. KAY BAILEY HUTCHISON, spill. and there is something for everyone in Ranking Member, Subcommittee on Commerce, Fishing is an integral part of our states’ it. That is what we are talking about Justice, Science, and Related Agencies, economies and cultures. These disasters have today. devastated fishing families and coastal com- Committee on Appropriations, U.S. Senate, Again, we should not be talking Washington, DC. munities and there is an urgent need to pro- vide federal assistance. We urge you to move about it right before Christmas and use DEAR CHAIRWOMAN MIKULSKI AND RANKING this as an excuse to take this right up MEMBER HUTCHISON: We are writing in sup- swiftly to appropriate funds for these federal port of including federal fisheries disaster fisheries disaster declarations. to Christmas. Right now we don’t have funding in any emergency supplemental ap- Sincerely, time to get all the way through this propriations bill developed in response to FRANK R. LAUTENBERG, and analyze the actual losses that were Superstorm Sandy. Over the past year, ex- SUSANM. COLLINS, attributed to Sandy. It was a disaster, treme weather and other natural events have ROBERT MENENDEZ, and I understand that. People lost LISA MURKOWSKI, wreaked havoc on commercial and rec- their lives and their property. Nonethe- reational fishermen in our states, leading JACK REED, ROGER F. WICKER, less, we don’t know, and we are guess- the Secretary of Commerce to declare fed- ing right now. eral fisheries disasters. Despite these dec- CHARLES E. SCHUMER, larations and the ongoing hardship, Congress JOHN F. KERRY, Some say: Well, how about $60.4 bil- has not yet appropriated funds. MARK BEGICH, lion? That sounds good. It could be $70 As you know, the Secretary of Commerce KIRSTEN E. GILLIBRAND, billion, it could be $80 billion, or it is authorized to declare federal fisheries dis- SCOTT BROWN, could be $30 billion. The Heritage asters under Section 308(d) of the Interjuris- JEANE SHAHEEN, SHELDON WHITEHOUSE, Foundation did an analysis of the dam- dictional Fisheries Act and Section 315 of the ages of Sandy. We talked about the Magnuson-Stevens Fishery Conservation and OLYMPIA J. SNOWE. $60.4 billion, which is the amount di- Management Act. These designations allow The PRESIDING OFFICER (Mr. rectly attributed to Sandy. We should Congress to appropriate federal relief funds TESTER). The Senator from Oklahoma. to alleviate the harm caused by natural dis- Mr. INHOFE. Mr. President, I am get the study before it is criticized. asters to fisheries and the fishing industry. going to expand my remarks from my The Heritage Foundation did the The disaster assistance funds can be used to original intent because of what I have study, and it is actually $12.8 billion. repair or restore fishing equipment and in- That represents the amount that indi- frastructure, compensate for losses, restore been listening to on the floor. I really reserved this time to talk about two viduals lost as a direct result of this fisheries habitat, support workforce edu- disaster called Sandy that tragically cation, provide low-interest loans, and con- very significant things that happened. duct monitoring and cooperative research fo- In fact, 53 years ago in 1959—and I hit our east coast. cused on improving stock assessments. have to ask the question as it gets clos- Now what about the other $47.6 bil- Currently, federal fisheries disasters have er and closer to Christmas: Why are we lion? As an example, they have $28 bil- been declared in nine states in response to here? There is always a lot of theater lion in there for future disasters. Oh, four different events: right before Christmastime. The things wait a minute. We are supposed to be Superstorm Sandy—On November 16, 2012, we are talking about now could well be addressing a disaster that just oc- a federal fisheries disaster was declared for curred. The $28 billion is for future dis- New Jersey and New York due to the damage taken care of afterward. It could be caused by Superstorm Sandy. The high winds done after we have a chance to look asters. Here is a good one. There is 3.5 and storm surge devastated marinas, de- and assess the damages of Sandy. for global warming. They always have stroyed fishing vessels, and resulted in se- As far as the fiscal cliff is concerned, to get global warming in there. That is vere economic losses for both commercial this is something that we have known kind of interesting because we actually and recreational fishermen. about for a long time. Right now it had several debates and several pieces Northeast Multispecies (Groundfish) Fish- seems that in this body—and the other of legislation called cap-and-trade. We ery—On September 13, 2012, a federal fish- body down the hall in the House—that took it up before this body and we de- eries disaster was declared for Rhode Island, feated it. I am talking about going Maine, Massachusetts, New Hampshire, New they don’t want to do anything until it York, and Connecticut. The projected reduc- gets close to Christmas, that somehow back 12 years ago. The last one was the tions in the total allowable catch for certain people are at home watching, and sit- House bill, and that was called Wax- critical groundfish stocks will have a signifi- ting with bated breath and wondering man-Markey. It was defeated because cant impact on many of the same coastal what wisdom we are going to extol. I people realized that cap-and-trade communities that were hit by Sandy. De- don’t know if that is true in other would be the largest tax increase in the spite strict adherence to new and rigorous States, but I know that it is not true in history of America, somewhere be- management practices by fishermen, key Oklahoma. I told them this was going tween $300 and $400 billion a year. That fish stocks have not returned. Slow recovery equates to about $3,000 for each family and declining fish stocks will continue to to happen. I told them before the elec- have a negative impact on commercial fish- tion in October. I introduced a bill, S. in my State of Oklahoma who files a ing, harming local communities and econo- 3473. I introduced that bill because I Federal income tax return. So people mies. knew what was going to happen. realize that is true. Yet at the same Alaska Chinook—On September 12, 2012, a What we have been talking about time, the Administrator, appointed by federal fisheries disaster was declared for here in the last few minutes during the President Obama, Lisa Jackson, when Alaska Chinook salmon fisheries in the colloquy that I came in and caught the asked the question, If you were to pass Yukon River, Kuskokwim River, and Cook last part of is this Sandy issue. This is any bill here for cap and trade in Okla- Inlet. Thousands of Alaskans have been im- homa, would this reduce CO world- pacted including commercial fishermen, always interesting. When a disaster oc- 2 sport fishermen, and subsistence-based resi- curs in America and emotions are high, wide, said: No. That is because the dents. Beyond direct impacts, indirect im- everybody all of a sudden wants to problem is not here; the problem is in pacts have been felt by communities through pour money on it, and in this case it countries such as China, India, Mexico, reduced tax revenue, reduced work for proc- will be $60.4 billion. How did they come and other places. essor employees, and reduced income for up with $60.4 billion? I don’t know be- Nonetheless, how many people in this fishery dependent businesses. cause I wasn’t in on that. body even know what this President Mississippi Oyster and Blue Crab—On Sep- I come from Oklahoma. We have dis- has done through his executive powers? tember 12, 2012, a federal fisheries disaster was declared for commercial oyster and blue asters all the time. We have our torna- He has spent $68.4 billion on global crab fisheries in Mississippi. Historic flood- does that are very serious, and of warming initiatives in the 4 years he ing of the lower Mississippi River required course we take care of the problems has been President and that is without opening of the Bonnet Cane Spillway on May when they come up. We do get some any authority from this body.

VerDate Mar 15 2010 06:44 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.007 S19DEPT1 jbell on DSK7SPTVN1PROD with S8190 CONGRESSIONAL RECORD — SENATE December 19, 2012 Here is another one: $150 million. I arming America. I can remember going bit different than the rest of them. was listening to my good friend Sen- over to Afghanistan after the Presi- That is the little girl right here. We ator BEGICH from Alaska—and I have a dent’s first budget because I knew he call her Zegita Marie. There she is. We great deal of respect for him. He and I was cutting the military and I knew if found her 12 years ago, only 2 days old. have worked on legislation together I were over there responding with the She was a cute little girl and she was such as the pilots’ bill of rights legisla- tanks going back and forth that it just near death in an orphanage in tion. Nonetheless, fisheries in Alaska would get people’s attention, and it Ethiopia and we went back there and were significant, but they were not on did. In that first budget he did away got her nursed back to health. My the east coast. This didn’t happen—the with the only fifth-generation fighter, daughter Molly, who had nothing but last time I looked at a map, it was on the F–22; he did away with our lift ca- boys, adopted her. the west coast, not the east coast, so it pacity, the C–17; did away with our fu- I want to say to my wife who is lis- should not be in here. ture combat system, did away with the tening right now, even though I won’t Then we go on to the fiscal cliff. We ground-based interceptor in Poland; all be home, 3 days from now on the 22nd— are all here talking about this fiscal of these things in one budget. That is that is Saturday—I want you to watch cliff that is here and all of a sudden we what took place. the ‘‘Mike Huckabee Show’’ because have to do something about it. How JON KYL is retiring, and I noticed she is going to be interviewed and talk- many people realize that we knew this that when he made his going-away ing about adoption. was coming a long time ago? I men- speech today he talked about the disas- Senator LANDRIEU and I head the tioned my bill, which is S. 3473, that ters we are facing right now. We are adoption caucus in the U.S. Senate. showed we don’t have to raise $1.4 tril- talking here about weather disasters. There are hundreds of thousands of lit- lion, we can raise $2.7 trillion without What about nuclear disasters? What tle kids out there and people who want any cuts to the military, and it is all about the fact that we had the New to adopt little kids, and they can’t do right there. Look it up: S. 3473. Now, START Treaty, which I opposed, but it because of the problems. This little months later, right before Christmas, nonetheless, that put levels on both girl wouldn’t even be alive today and we come here and say, Oh, trauma has Russia and ourselves. In terms of our here she is now, 111⁄2, almost 12 years set in; it is going to be a disaster, so we nuclear stockpile, which was supposed old, reading at college level and doing have to come up with $1.4 trillion. to go down equally to 1,550 warheads, it wonderful things. So, Kay, be sure to How many people realize that this is now down, and they are talking tune in to Mike Huckabee and watch President—and this is not the Demo- about doing away with them alto- her being interviewed 3 days from now. crats, not the Republicans, not the gether. It is another subject for an- The last thing I will say is that this House, not the Senate—it was the other time, but I will spend some time is bad enough not to be home during President of the United States, in his talking about it later. our anniversary, but it is also bad as budget—there were four budgets he had Anyway, as we started, I mentioned we get closer to Christmas. If you can in his 4 years. He had over $1 trillion of two significant things happened in 1959. only see the celebration that is going deficit in each budget. If we add up all One was—and we are all revering now on right now, all those kids. They are of his deficits—this is what the Presi- Danny Inouye. Senator Inouye is dif- all there and they are participating. dent gave us now. Again, it was not the ferent than most other Senators. I re- I remember what happened in the Democrats or Republicans, House or member when my daughter Katie was year 2009. In 2009, we played the same Senate; this was his budget that he much younger and she said, My two fa- game here: You know, we were here drafted and signed, with $5.3 trillion of vorite U.S. Senators—I thought I was doing a little theater, making sure ev- deficit in it—that is more deficit than going to be one of them—my two favor- erybody knew we were working, and we all budgets of all Presidents combined ite ones are Senator Inouye and Sen- didn’t get out until the afternoon, just since George Washington—and nobody ator Jesse Helms. They are such kind, about noon, on Christmas Eve. I re- cares. We say this and people shake older guys. She wanted to know if they member that was the worst snowstorm their heads and they don’t seem to ever got angry at anything. No, they in the history of northern Texas and of care. He said it so it must be all right. didn’t. As a conservative Republican I Oklahoma. Where is global warming So now after this President has given have gone to him many times for fa- when you need it? It was terrible. I got us $5.3 trillion of deficit, now all of a vors, really, to ask if we could get to DFW and I wanted to go on to Tulsa. sudden—he did that in 4 years, but in 10 something done, and he never turned I was in a hurry to get there because years we can’t even come up with $1.4 me down during that time. I had a long Kay and I belong to a church in Tulsa trillion. It is easy. We could do it. I did visit yesterday with his son and told where we were married, all of our kids it in a bill introduced several months him what we feel about Danny Inouye were married there, and my wife was ago. We knew it was coming, but and how much we are going to miss even baptized there, and every Christ- Christmas is coming too so we are all him. So that happened in 1959. That mas Eve they have the most beautiful lined up to grandstand—I don’t mean was when he was first elected to the setting and three of my grandkids were grandstand; that sounds demeaning. I U.S. Senate. going to be singing in that and I never don’t mean it that way. The other thing that is significant missed it in 50 years. We got to Dallas; When we think about the money this that happened in 1959, 53 years ago they weren’t going to take off. I plead- President has spent—what about the today, is I was married. So this is my ed with them. They took off, the only $800 billion stimulus that didn’t stimu- 53rd wedding anniversary, and it hap- plane that took off from DFW, and late? How many people in America— pened we were married in 1959. In fact, went to Tulsa that day. We went how many Members of this body—know she is watching now. She hardly ever through 6-foot drifts, if my colleagues what that $800 billion was spent for? I does, but I called and said watch be- can believe it, to get down there to see suggest not very many. I do, because I cause I can’t be there for our anniver- my little grandkids singing. Well, that made a point to look. There are things sary so I have to do it this way, and so is not going to happen this time, be- that it did not stimulate. Only 3 per- she is. Today is only the second time in cause I will be back there. cent of it went to roads and highways 53 years that we haven’t been together I would say this to my wife. We have and that type of thing. But, again, he on our anniversary. had kind of a tradition for 53 years came up with in one fell swoop $800 bil- But I would ask the question: Who now: I always get Kay roses. She loves lion, and now we wonder—that was in will be there today? That is who will be roses. So I am not there today, but I the first couple of months and now in there today, our 20 kids and grandkids. want to say to Kay that if you will go 10 years, how can we come up with this Look at them all. Isn’t that neat? Yes, out in our front yard now and look much more? So, anyway, I just wanted they are going to be there, but I am under the giant oak tree that you and to say that. not, but she won’t be alone. Isn’t that I planted over 50 years ago, your roses While we are talking about the budg- significant? All of that happened and it are there. et, I think it is appropriate to say started with just us, right there, and Finally, I want to say two more something else about it, because it was there they are. A person might look things. One is I want to assure Kay in the budget that was part of dis- and see that one little girl is a little that I love her more today than I did 50

VerDate Mar 15 2010 06:06 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.065 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8191 years ago; and secondly, I am not Bing shortly, but I do want to thank Sen- still alive and well when it comes to legisla- Crosby, but I am going to say—and all ator CASEY and Senator ISAKSON for tion affecting children’s psychiatric hos- the people in Oklahoma understand their patience and their hard work. pitals. The latest example of how our govern- this—there may be 99 Senators here The amendment I have proposed and ment continues to maintain discriminatory funding policies specifically directed against Senator REED of Rhode Island has pro- playing their games on Christmas, but children with mental-health issues involves as Bing said, I’ll be home for Christmas posed is an amendment that does not federal support for graduate medical edu- and you can be sure of that. You can add any additional spending. It stays cation (GME). count on it. within the existing budgetary limit. It Although this issue is far overshadowed by With that, I yield the floor. I suggest confines the amount available for child the federal debt issue, those who care about the absence of a quorum. and adolescent psychiatry to less than the mental health of children need to be The PRESIDING OFFICER. The 1 percent of the total. I believe it is a aware that achieving true parity still entails clerk will call the roll. very sensible measure, particularly in overcoming significant obstacles. Getting The bill clerk proceeded to call the the wake of the tragedy in Newtown, children’s psychiatric hospitals recognized roll. CT. The idea that there is not room for as legitimate sites of medical education is Mr. WHITEHOUSE. Mr. President, I one such obstacle on the road to real parity further attention to child mental that has both symbolic and pragmatic im- ask unanimous consent that the order health and psychiatry and adolescent portance. for the quorum call be rescinded. mental health and psychiatry seems to The history of federal support for training The PRESIDING OFFICER (Mr. me to be an unfortunate outcome. physicians during their hospital residencies CASEY). Is there objection? Bradley Hospital in Rhode Island goes back to the establishment of Medicare, Without objection, it is so ordered. would be a beneficiary of this. They are in 1965. Recognizing that America needs a Mr. WHITEHOUSE. Mr. President, a particularly good hospital in a great steady supply of physicians in all the areas Senator REED and I want to speak number of settings. of medicine, and that their training carries briefly, and unless the leader has ar- As I said, I know time is short, so I substantial additional expense for teaching rived, we will return the Senate to a will yield the remaining moments of hospitals, Medicare authorization includes a quorum call at the conclusion of the per-resident reimbursement that is provided our time to Senator REED. to hospitals through a complicated formula. remarks by Senator REED and myself. The PRESIDING OFFICER. The sen- One element for determining GME payments And it is gratifying that the Senator ior Senator from Rhode Island. is the percentage of a hospital’s reimburse- from Pennsylvania is presiding. Mr. REED. Mr. President, I want to ment that comes from Medicare. That chil- Yesterday, I requested that the join Senator WHITEHOUSE in com- dren’s hospitals would thus be excluded from cloakroom hotline Senator CASEY’s mending the Presiding Officer for his the program (because Medicare pays vir- Children’s Hospital Graduate Medical underlying legislation, along with Sen- tually zero for children’s medical care) was Education Support Reauthorization ator ISAKSON, and commend my col- unintentional, but it took 34 years for this Act, S. 958, with an amendment impor- league and friend, Senator WHITE- oversight to be corrected. The Children’s Hospitals Graduate Medical tant to Rhode Island and to the coun- HOUSE, for his leadership on this issue, and begin where he left off, which is, in Education Payment Program (CHGME), in try regarding growing our mental 1999, established a pool to provide residency health care pediatric workforce. the wake of the unfathomable tragedy education support to children’s hospitals in a My amendment would make re- in Newtown, CT, the idea that we do system modeled after the Medicare GME sys- sources available to increase the num- not need more trained child psychia- tem. The unintentional disincentive to train ber of residents trained in child and ad- trists and child counselors is difficult pediatric generalists and specialists was re- olescent psychiatry. Senator CASEY’s— to understand. We do need them. moved and pediatric training accelerated the Presiding Officer’s—bill and my The legislation the Senator from dramatically. This year, a total of $317.5 mil- amendment have the unanimous sup- Pennsylvania has introduced would lion offsets the training expenses of 5,500 port of my caucus and I believe have help children’s hospitals across the Na- residents at 46 children’s hospitals, and the CHGME program is widely considered a suc- very broad support in the Republican tion and we are strongly behind it. But we also want to make help available to cess. caucus as well. Unfortunately, there Parallel to the initial oversight in the has been an objection to my unanimous children’s psychiatric hospitals, such Medicare bill, in the arcane definition of a consent request, so I am very dis- as Bradley Hospital in Rhode Island. children’s hospital detailed in the CHGME appointed that my colleagues on the One of the facts that emerged from regulations is language making it impossible the terrible tragedy in Newtown is that other side of the aisle are not able to for children’s psychiatric hospitals to qual- we have young people who need help, clear this particular bill. I am also dis- ify. Only the most cynical observer would desperately need help, and their par- conclude that this was a deliberate attempt appointed that none of the Republicans ents need help—help to recognize prob- to exclude children’s psychiatric hospitals who object to this measure have ap- lems, help to not only diagnose them and the child psychiatric and pediatric resi- proached me or my staff with their but treat them, and we do not have a dents they train, especially since no medical concerns—none of them. If it is just sufficient number of trained child psy- specialty represents a greater shortage area than child and adolescent psychiatry. Yet, one, then he or she has not. If it is chiatrists in the country to do that. more than one, none of them have. steady efforts since 2002 to correct this over- This legislation, this amendment, sight have thus far been unsuccessful. I was prepared to come to the floor would allow us to do that. It adds no today and make a live unanimous con- The CHGME reauthorization needed for the cost, as Senator WHITEHOUSE indicated, program to continue would seem to offer the sent request to find out exactly where and I think it should be something that ideal opportunity to end this de facto dis- the objections to this amendment lie. we would do almost automatically crimination against children with mental- But, instead, I will urge my Republican when it comes to the welfare of our health problems. Sen. Sheldon Whitehouse colleagues to work with me and with children, but particularly in the wake and Representatives David Cicilline and Senator CASEY of Pennsylvania to of the terrible tragedy in Connecticut. James Langevin, all Rhode Island Demo- reach consensus on this important So I wanted to be here to lend my crats, have offered similar versions of a brief measure. support to the underlying efforts of the amendment to the reauthorization that The CHGME program should be reau- would correct the language to reflect the Senator from Pennsylvania and to the original bill’s intent. thorized. Since its enactment in 1999, specific efforts of my colleague, the If passed, it would admit four or five chil- the program has helped address the Senator from Rhode Island. dren’s psychiatric hospitals that meet strict need for more pediatric specialists. But Mr. President, I ask unanimous con- criteria into the pool of hospitals eligible for there is a gap in the field of child and sent that a statement by Dr. Gregory CHGME reimbursement. A larger taxpayer adolescent psychiatry. Fritz, who is the academic director of outlay is not requested; rather, the existing The American Psychiatric Associa- the residency program at Bradley Hos- money would be spread slightly more thinly tion concluded this year that ‘‘targeted pital, be printed in the RECORD. (an estimated 30 additional residents would efforts must be made to encourage There being no objection, the mate- be added to the current 5,500). One would medical training and residency in the rial was ordered to be printed in the think it a small price to pay to correct an in- justice, but passage is far from guaranteed. subspecialties of child and adolescent RECORD, as follows: As a child psychiatrist working at Bradley psychiatry. . . . ’’ PARITY FOR KIDS’ MENTAL HEALTH Hospital, one of the psychiatric hospitals I gather my time is very brief, so I Despite the passage of the federal mental- that would finally be included, I’m far from am going to yield to Senator REED very health parity bill, stigma and prejudice are dispassionate about this issue. I see every

VerDate Mar 15 2010 06:06 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.066 S19DEPT1 jbell on DSK7SPTVN1PROD with S8192 CONGRESSIONAL RECORD — SENATE December 19, 2012 day the agony experienced by families with With that, I yield the floor and sug- part some of it to those who too often autism, childhood suicide, adolescent sub- gest the absence of a quorum. take this country for granted? stance abuse or pediatric bipolar disorder; The PRESIDING OFFICER. The It would be a wonderful tribute to it’s different, but no less severe, than the clerk will call the roll. Dan Inouye to seek out ways to encour- pain associated with juvenile diabetes or leu- The legislative clerk proceeded to kemia. As are all mental-health profes- age such service by future generations. sionals, I’m troubled by the months-long call the roll. Dan Inouye’s work did not end when he waiting lists that prevent children’s access Mr. LEVIN. Mr. President, I ask took off his soldier’s uniform. In many to child psychiatric services. unanimous consent that the order for ways, it was just beginning. Forced by The distinction between psychological and the quorum call be rescinded. the loss of his arm to give up dreams of physiological disorders is artificial and anti- The PRESIDING OFFICER (Mr. a medical career, he entered politics. quated, reflecting outdated fears and preju- WHITEHOUSE). Without objection, it is His was one of the most remarkable ca- dices. In short, I see no valid reason to per- so ordered. petuate the exclusion of children’s psy- reers in public service our country has chiatric hospitals from the mechanism de- REMEMBERING DANNY K. INOUYE ever seen. We will miss Dan Inouye so signed to support physicians’ training. Nei- Mr. LEVIN. When 7-year-old Danny much in the Senate, his leadership, his ther do the thousands of members of 39 na- Inouye saw the Japanese planes over legislative talent, yes, but also his tional organizations who have signed on to a his Hawaii home on December 7, 1941, friendship, his humor, his humility, his letter urging support of the Whitehouse his first impulse was to help. So he ran steadfast belief in the American peo- amendment. Mental-health parity is the law to help. He had emergency medical ple. He was the last remaining Senator in principle; the CHGME reauthorization training. He used that training to help should make it be the case in practice. who voted for the Civil Rights Act of bind the wounds of the Americans in- Mr. REED. Mr. President, I have a 1964. In that vote and so many others, jured in the attack on Pearl Harbor. he served the Nation and the Senate comment on an additional issue but His second impulse, just as strong, would only do so if the Senator from with distinction that few have ever was to defend our country. But the matched. Rhode Island would allow. America of 1941 did not want his serv- Mr. WHITEHOUSE. Mr. President, In Michigan we proudly claim an ice. In fact, it considered Danny and let me yield back to my senior Senator early connection to this noble man. his fellow Japanese Americans suspect to move to his other issue. But let me Much of his recovery from the wounds also say what a pleasure and a privi- and called them enemy aliens and con- he suffered in Italy took place at a vet- lege it has been to work with him in fined more than 100,000 of them to in- eran’s hospital in Battle Creek, MI. our shared determination to see that ternment camps. When Danny Inouye There he met two other young men, a this amendment is made—this very tried to enlist to defend his country, soldier from Kansas named Bob Dole reasonable amendment that will add no his country told him: You are not wel- and one from Michigan named Phil additional spending and will expand come. Hart. They formed a lifelong bond, one the reach of adolescent and child psy- That Danny Inouye did not allow that endured all the way to the Senate. chiatry in this country. He has been anger and resentment to overcome his In 2003, when we dedicated that terrific to work with. It is always a love of country says something re- former hospital in Battle Creek, now a pleasure and privilege to have Senator markable about him and about our Federal office facility, as the Hart- country. When in 1943 President Roo- REED as my senior Senator, but this Dole-Inouye Federal Center, Senator has been a particularly good occasion sevelt allowed Japanese Americans to Inouye told the audience: All of us of working together. enlist in the fight against Nazi Ger- have chapters in our lives, milestones. With that, I yield back to my senior many, Inouye and thousands of young My most important chapter, he said, Senator. men answered the call. He burned with was a Battle Creek chapter. This is The PRESIDING OFFICER. The sen- desire to defend the Nation that had where I learned what democracy was ior Senator from Rhode Island. told him and people of his background: all about, where I learned what Amer- Mr. REED. Mr. President, I want to You may not serve; a nation that still ica was all about. touch on a topic that was discussed by held thousands of Japanese Americans To have imparted any lessons on many of my colleagues, including Sen- behind barbed-wire fences. America to Dan Inouye would be a re- ator WHITEHOUSE; and that is the fish- When he left Hawaii for the Army, markable honor. What we may have eries disaster in the Northeast, which his father told him: This country has taught him pales in comparison to was declared by the Secretary of Com- been good to us. Whatever you do, do what he taught us. merce in 2012. There is language and not dishonor this country. Danny, on A few years ago, in a speech honoring support in the supplemental appropria- more than one occasion, told stories his fellow Japanese-American veterans, tions bill to help our fishing industry about his Army training in Mississippi, Danny told his audience that our in the Northeast that has been affected about the racial segregation he saw. He greatness as a nation lies in part in our by this disaster in the areas of New told the story of how after he returned willingness to recognize the flaws in York, Connecticut, and Rhode Island. from World War II he stopped in Cali- our past, including our treatment of These fishermen have been for years fornia on the way home to Hawaii to Japanese Americans and our deter- under a painful regime of restricted stop to get a haircut and was told: We mination in whatever limited way we fishing so that the stock could be re- don’t serve Japs here. could to make amends. Dan Inouye plenished. Despite their efforts, some He stood there in full dress uniform, served his country because of his of the fishing stock has not responded, his chest covered in medals, a hook in dream of what we could be: a nation leading to a declaration of a fisheries place of the arm blown apart by a Ger- unbound by our all too human failings. disaster by the Secretary of Commerce. man rifle grenade. Even then he had to He believed to his core that we are The funding that is included in the confront hatred. There is so much that able to shed old prejudices. He believed supplemental applies to New England, is remarkable about the life of Dan that our Nation, despite its flaws, but it also helps Alaska and Mis- Inouye, the story of his service on the shines with such bright promise that sissippi. I appreciate very much the battlefields of Italy is indeed remark- we could inspire remarkable service fact that Senator MIKULSKI is working able, physical courage he displayed in and sacrifice, even in those who suffer to include this funding in the bill. She winning the Medal of Honor is alone from our shortcomings, a nation so is an extraordinary leader in our Sen- enough to earn the title ‘‘hero.’’ great that those we treat with disdain ate, an extraordinary and compas- But rising above his physical courage or even hatred can respond with love sionate leader when it comes to issues and the guts he showed is the moral that knows no limit. This love was as affecting the fishing industry, not just courage it took for Dan Inouye and his powerful as the love that Dan Inouye in her home area of the Chesapeake fellow Japanese Americans to even set showed for all Americans and for the Bay and the Atlantic but as far away foot on that battlefield. What is it that very idea of America. as Alaska and Rhode Island and Maine. spurs some of our countrymen to offer I am so grateful for the lessons that I would hope we could move to help their lives in defense of a country that Danny taught me, so grateful for his these fishermen get on with their lives shuns them? Where does that love of friendship. Barb and I send our deepest with this assistance. country come from? How can we im- condolences to Irene and all of Danny’s

VerDate Mar 15 2010 06:06 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.068 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8193 family, to the people of Hawaii, and to Mr. COATS. The Senator from fected States testifying. We heard a all of those touched by this remarkable Vermont is correct. I don’t intend to number of suggestions about the num- man. take any action on this now. I know ber of things that ought to be incor- Mr. REID. Mr. President. Our former there are events planned tonight. We porated into this legislation. Mitiga- colleague, now Secretary of the Inte- are in the middle of mourning for our tion was one major issue. Mitigation rior Ken Salazar has written a letter in lost colleague as well. But I simply simply is preparing for the next storm memory of our departed colleague Dan wanted to explain for the record what so we can mitigate or lessen the dam- Inouye. I ask unanimous consent that it is that we are attempting to do. age that occurred from the storm that the letter be printed in the RECORD. I think all of us are sensitive to the we just incurred. But mitigation is a There being no objection, the mate- pain and the damage incurred by those long-term project. It is not something rial was ordered to be printed in the in the Northeast due to the cata- that can be immediately entered into. RECORD, as follows: strophic, clearly catastrophic record Interestingly enough, on the pro- THE SECRETARY OF THE INTERIOR, proportion hurricane that hit that sec- posals that were presented before the Washington, December 18, 2012. tor of our country just weeks ago. committee, many were contradictory. Majority Leader HARRY REID, Clearly, that is something that falls in Some thought that burying wires un- Hart Senate Office Bldg., the category of an emergency. It goes derground would prevent, obviously, Washington, DC. beyond the ability of State and local tree limbs from taking them down and DEAR MAJORITY LEADER: Senator Danny jurisdictions to address with their own losing power on above-ground wiring. Inouye was and will continue to be one of my lifetime heroes. In December 2008, when the resources. They will participate in the In a city like Manhattan, Boston, or a President, you and I were in discussions recovery, and they have. It is remark- major metropolitan area or in any city, about my potential service as United States able, in this country virtually no it is an enormously expensive project. Secretary of the Interior, Senator Inouye State, no Senator, can stand and sim- While that seemed initially to meet said the following to me: ply say, well, we haven’t been touched some success, then one of the experts ‘‘The Secretary of the Interior is the most and not understand the need for the re- who was testifying said, well, wait a important position in the Cabinet because sponse that comes from disasters, minute. The flooding that occurs with you are the Custodian of America’s Natural whether they be tornadoes like oc- this would go in and would corrode the Resources and America’s Heritage.’’ piping and corrode a lot of the systems Senator Inouye’s description of the Depart- curred in my State of Indiana just this ment was a major factor in my decision to past spring—we needed emergency help and the switches, and that might not accept the President’s offer to serve as Sec- and response and received that—or be the best thing to do. I don’t know retary of the Interior. I have adopted his de- whether it is flooding that has oc- whether that is better to do or not bet- scription of the job of Secretary as my motto curred throughout the Midwest and in ter to do, but it is certainly something and as the best description of the Depart- other parts of the country that has that needs to be examined carefully ment of the Interior. caused a tremendous amount of dam- and vetted before we commit to that Like you, I will forever miss Senator age. type of project. Inouye. He has served and continues to serve There have been terrorist attacks Others said we should rebuild the as a mentor and inspiration to me in all of my days in public service. I know his life and such as 9/11, Oklahoma City. In this sand dunes and sand islands offshore to his teachings will continue to live through case, hurricanes, and we have had a provide barriers. There was the piece, I each of us as he continues to inspire our number of those. Katrina stands in our think it was in the New York Times, journey forward. mind, Irene, and on and on it goes with that basically said this has shown some Respectfully, Sandy being the latest. This one was real promise in terms of protecting KEN SALAZAR, truly of a monumental proportion and areas by having sand barriers off coast. U.S. Secretary of the Interior, created a lot of damage. Other experts came in and said, well, former U.S. Senator. Therefore, a Federal response is need- yes, sometimes that works and some- Mr. REID. Mr. President, I yield the ed and necessary if we are going to times it doesn’t work, and you need to floor, and I suggest the absence of a begin to have an adequate recovery, be careful how and where you build quorum. get people back to work and back in these. It is not the panacea, it is not The PRESIDING OFFICER. The their homes, businesses up and growing the be-all and end-all of how you pre- clerk will call the roll. again and working. vent this type of damage, but it clearly The assistant legislative clerk pro- The bill that is currently on the Sen- is something that we ought to look at, ceeded to call the roll. ate floor for us attempts to do that. clearly something we ought to exam- Mr. COATS. Mr. President, I ask Some of us were somewhat staggered ine. But making a decision now in the unanimous consent that the order for by the initial number, $60.4 billion. weeks’ aftermath of the storm, just the quorum call be rescinded. That may not be enough; that may be days from adjournment, and saying The PRESIDING OFFICER. Without too much. But in the short amount of this is why we need $13 billion toward objection, it is so ordered. time that we have had to try to put all mitigation projects—without vetting Mr. COATS. Mr President, I have not the estimates together in terms of those projects, without examining yet filed, but I intend to shortly, an al- what might be needed, what we as Sen- those, having experts look at it and ternative amendment to the emer- ate Appropriations Republicans have tell us what they think would work, gency supplemental which is on the attempted to do is to separate that how much it would cost, setting the Senate floor and in the process of being from what we believe is immediately priorities of what ought to be first, debated. I would like to explain what it needed—immediate being from the what ought to be done and what, per- is that I am going to file and what it time of the storm through March 27— haps, might not work and be post- does and explain the rationale behind to attend to those initial responses poned—all of that requires a process. it. that need to take place. There were a If we are going to be responsible with Mr. LEAHY. Would the Senator yield whole raft of things that run the gamut the taxpayers’ dollars at a time of this for a question? from debris cleanup to repairing dam- fiscal crisis, and particularly now, it Mr. COATS. I yield to the Senator. aged and flooded facilities, destroyed seems to me the most logical and re- Mr. LEAHY. It is my understanding homes, public facilities, and so forth. sponsible way to move forward is to that the Senator is not going to seek But we need to try to go through and identify the immediate needs and pro- action on it now, it is simply to file it? separate the immediate and make sure vide the immediate funding to address Mr. COATS. That is correct. that measure of support as quickly and those needs. Mr. LEAHY. I thank my distin- as expeditiously as possible is brought Secondly, on those needs that are guished colleague. to the area to address the problem and longer term, go through the process. We have shared this colloquy on two distinguish them from those longer That is why we have committees. That different occasions. I thank the Sen- term projects and interests that have is why we have procedures in place, to ator. been proposed. identify how best to move forward and The PRESIDING OFFICER. The Sen- When our committee met, it was, I spend the taxpayer dollars in a useful ator from Indiana. think, up to 10 Senators from the af- way that doesn’t turn out to be a waste

VerDate Mar 15 2010 06:15 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.071 S19DEPT1 jbell on DSK7SPTVN1PROD with S8194 CONGRESSIONAL RECORD — SENATE December 19, 2012 of money and deny us the opportunities should a second storm or subsequent fully thought-through, reasonable to do the mitigation or other repairs storm occur. We have to look at a number to take care of needs for now, that may be needed. whole number of factors and make through this Christmas season and all The additional funding, of course, judgments. That is what we are elected the way to March 27. This Congress this is a short-term proposal. It goes to do. will then revisit the matter and see through March 27. It addresses those When the taxpayers send their money what else is needed. But during that needs that fall into that category that into the Federal Government, they time, we will be able to also carefully meet the criteria of what we set out don’t want us to just throw up a num- work through the estimates, substan- when we told our staff on the Appro- ber and throw some wish list out and tiate those estimates, certify that. priations Committee to go through and throw out money at unsubstantiated Then, obviously, I think those pro- scrub the bill that was put before us and unscrubbed projects that are pro- posing will have a much better founda- and separate out that which was need- posed. So I am not suggesting that ev- tion to stand on in terms of what they ed now from that which could be done erything in the proposal, the $60.4 bil- are requesting, and those of us who are later. That criteria excluded funding lion, is not necessary. I am simply say- trying to be very careful with the tax- for projects not related to Sandy. ing give us some time, at least these 3 payers’ dollars will be able to assert or There is the long list of requests out months through March 27, to have our state why we think this may not be there for previous disasters. Mitigation committees and have the experts look necessary at this time or perhaps was for future disasters that may or at these proposals and make sure it is doesn’t fall in the category of being re- may not come. On mitigation, we said substantiated. lated to Sandy. let’s set that aside for later delibera- So we remove the unsubstantiated, We all know when some emergency tion. the mitigated, the non-Sandy related. supplemental comes to the Halls of On nonrelated issues, such as clean- We have removed all that from this Congress, a lot of people reach in their ing up the tsunami debris on the west program, and that is how we arrived at pocket, pull out their wish list, waiting coast, those expenditures put in this this number. for the next train that has to be some- $60.4 billion proposal by the adminis- Now, I could go through a number of thing we will move through quickly, tration and brought to this Senate examples—I don’t think I need to do has to be something signed by the floor, if it is not related directly to this that at this particular point in time. President because it is designated as an storm, let’s set those aside for the pro- When we look at the various categories emergency. They throw on their wish cedures that were being dealt with be- this falls into, sometimes we matched list of unresolved, unfunded projects fore Sandy occurred or put those proce- exactly what it was in the administra- that perhaps are legitimate, perhaps dures in place to deal with it after- tion’s bill, saying this is an accurate maybe just earmarks or something ward. So unrelated items and unsub- number. that needs a train to hook onto in stantiated items, those are where all Flood insurance, for instance, we re- order to get passed. That is what we the facts weren’t in, where these were quire people living in flood zones to want to try to avoid. estimates that had not been certified buy flood insurance. They buy the As I said, I will be filing this amend- and not substantiated in a way that I flood insurance, and they are looking ment, which hopefully will be seen as think puts us in a position to make the for their check. If the estimate has an alternative to give Members a correct decisions in terms of going for- been made, and it has been made actu- choice in terms of how best to move ward. arially and through the procedures of forward in dealing with this legitimate So under that criteria, we came up FEMA and all those evaluating the supplemental emergency provision. with a proposal that is a little bit of a cost, and the decision is made and the With that, I yield the floor. work in progress, but totals around $24 number is determined and certified, billion. then a check is written and those peo- f Mr. LEAHY addressed the Chair. ple can move on to their lives. That is RECESS SUBJECT TO THE CALL OF Mr. COATS. I yield to the Senator, an immediate need. THE CHAIR but I would like to finish my remarks, We can’t tell people to pay their pre- The PRESIDING OFFICER. Under if I could. I know we all have time com- miums and we will somehow find a way the previous order, the Senate stands mitments. to get their checks to them a year from in recess subject to the call of the Mr. LEAHY. I am only going to make now. This is an immediate need. In Chair. a short unanimous consent request, if I that regard, we have matched their re- Thereupon, at 5:18 p.m., the Senate could. quest made by the Flood Insurance recessed subject to the call of the Chair Mr. COATS. I yield to the Senator. Program to provide the borrowing au- and reassembled at 9:46 p.m., when ORDER FOR RECESS thority so that they can cut those called to order by the Presiding Officer Mr. LEAHY. Mr. President, I ask checks. Whether it is Christmas or the (Mr. WHITEHOUSE). unanimous consent that upon the com- middle of the year, those people need pletion of the distinguished Senator’s to get their lives back together and we f remarks the Senate stand in recess want to get that money to them. DEPARTMENT OF DEFENSE subject to the call of the Chair. So as you go through the list here APPROPRIATIONS ACT—Continued The PRESIDING OFFICER. Without and the categories, as you compare objection, it is so ordered. what we have provided and what was The PRESIDING OFFICER. The Sen- The Senator from Indiana. provided in the larger bill, you find ator from Vermont is recognized. Mr. COATS. Mr. President, the con- congruence in a number of areas, but a Mr. LEAHY. Mr. President, is the cept behind this, of course, is to be as number of other areas, which I have substitute now pending? careful as we can with the taxpayers’ generalized in terms of mitigation, in The PRESIDING OFFICER. The Sen- money and make sure that each dollar terms of community development ator is correct. spent is spent on something that has block grants, all these take time to AMENDMENT NO. 3338 WITHDRAWN been thoroughly examined, looked at, come to fruition, to be put together. Mr. LEAHY. Mr. President, I with- vetted, scrubbed, and determined to be The plans need to be vetted and ap- draw the pending substitute amend- necessary going forward. We have to proved. They are not necessary to pro- ment No. 3338. determine the share, the cost share for vide the necessary immediate need and The PRESIDING OFFICER. The Sen- the State and local communities; what aid that is for the people who are suf- ator has that right and the amendment that percentage ought to be that comes fering from the consequences of this is withdrawn. from the State and the local commu- storm. If we go through all that and Mr. LEAHY. Mr. President, I yield to nities as opposed to the Federal Gov- scrub it, we arrive at a considerably the distinguished majority leader. ernment. lower number. The PRESIDING OFFICER. The ma- We have to determine how to best go But I want it said that this number, jority leader is recognized. forward with the best project that can, while higher than some would like and Mr. REID. Mr. President, I express hopefully, prevent future damage lower than others would like, is a care- my appreciation to the manager of this

VerDate Mar 15 2010 06:44 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.073 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8195 bill, Senator LEAHY. He and I have Landrieu, Christopher A. Coons, Amy The assistant legislative clerk read worked together on the Appropriations Klobuchar, Bill Nelson, Debbie Stabe- as follows: now, Jack Reed, Kirsten E. Gillibrand, Committee for more than a quarter of The Senator from Nevada [Mr. REID] pro- Tom Udall, Bernard Sanders, Sheldon a century. poses an amendment numbered 3401 to the Whitehouse. AMENDMENT NO. 3395 instructions of the motion to commit H.R. 1. AMENDMENT NO. 3398 The amendment is as follows: (Purpose: In the nature of a Mr. REID. Mr. President, I have a In the amendment, strike ‘‘3 days’’ and in- substitute) first-degree amendment to the text of sert ‘‘2 days’’. Mr. President, I have a substitute the language proposed to be stricken Mr. REID. Mr. President, I ask for amendment at the desk and I ask for which is at the desk, and I ask it be re- the yeas and nays on that amendment. its consideration. ported. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The The PRESIDING OFFICER. The sufficient second? clerk will report. clerk will report. There appears to be a sufficient sec- The assistant legislative clerk read The assistant legislative clerk read ond. as follows: as follows: The yeas and nays were ordered. The Senator from Nevada [Mr. REID] pro- The Senator from Nevada [Mr. REID] pro- AMENDMENT NO. 3402 TO AMENDMENT NO. 3401 poses an amendment numbered 3395. poses an amendment numbered 3398 to the language proposed to be stricken by amend- Mr. REID. Mr. President, I have a (The amendment is printed in today’s ment No. 3395. second-degree amendment at the desk, RECORD under ‘‘Text of Amendments.’’) and I ask for it to be reported. The amendment is as follows: AMENDMENT NO. 3396 TO AMENDMENT NO. 3395 At the end, add the following new section: The PRESIDING OFFICER. The Mr. REID. Mr. President, I have a Sec. XXXXXXXXX clerk will report. first-degree amendment to the sub- This Act shall become effective 5 days The assistant legislative clerk read stitute which is at the desk. after enactment. as follows: The PRESIDING OFFICER. The Mr. REID. Mr. President, I ask for The Senator from Nevada [Mr. REID] pro- clerk will report. the yeas and nays on that amendment. poses an amendment numbered 3402 to The assistant legislative clerk read The PRESIDING OFFICER. Is there a amendment No. 3401. as follows: sufficient second? The amendment is as follows: In the amendment, strike ‘‘2 days’’ and in- The Senator from Nevada [Mr. REID] pro- There appears to be a sufficient sec- sert ‘‘1 day’’. poses an amendment numbered 3396 to ond. amendment No. 3395. The yeas and nays were ordered. CLOTURE MOTION The amendment is as follows: AMENDMENT NO. 3399 TO AMENDMENT NO. 3398 Mr. REID. Mr. President, I have a At the end, add the following new section: Mr. REID. Mr. President, I have a cloture motion to the underlying bill Sec. ll. second-degree amendment which is at at the desk. This Act shall become effective 7 days the desk, and I ask for it to be re- The PRESIDING OFFICER. The clo- after enactment. ported. ture motion having been presented Mr. REID. Mr. President, I ask for The PRESIDING OFFICER. The under rule XXII, the Chair directs the the yeas and nays on that amendment. clerk will report. clerk to read the motion. The PRESIDING OFFICER. Is there a The assistant legislative clerk read The legislative clerk read as follows: sufficient second? as follows: CLOTURE MOTION There appears to be a sufficient sec- The Senator from Nevada [Mr. REID] pro- We, the undersigned Senators, in accord- ond. poses an amendment numbered 3399 to ance with the provisions of rule XXII of the The yeas and nays were ordered. amendment No. 3398. Standing Rules of the Senate, hereby move to bring to a close debate on H.R. 1, an act AMENDMENT NO. 3397 TO AMENDMENT NO. 3396 The amendment is as follows: making appropriations for the Department Mr. REID. Mr. President, I have a In the amendment, strike ‘‘5 days’’ and in- sert ‘‘4 days’’. of Defense and other departments and agen- second-degree amendment at the desk, cies of the Government for the fiscal year and I ask for it to be reported. MOTION TO COMMIT WITH AMENDMENT NO. 3400 ending September 30, 2011. The PRESIDING OFFICER. The Mr. REID. Mr. President, I move to Harry Reid, Patrick J. Leahy, Benjamin clerk will report. commit the bill, H.R. 1, to the Appro- L. Cardin, Mark Begich, Joe Manchin The assistant legislative clerk read priations Committee, with instructions III, Tom Harkin, Jeff Bingaman, Mary as follows: that are at the desk. Landrieu, Christopher A. Coons, Amy Klobuchar, Bill Nelson, Debbie Stabe- The Senator from Nevada [Mr. REID] pro- The PRESIDING OFFICER. The clerk will report. now, Jack Reed, Kirsten E. Gillibrand, poses an amendment numbered 3397 to Tom Udall, Bernard Sanders, Sheldon amendment No. 3396. The assistant legislative clerk read Whitehouse. as follows: The amendment is as follows: FLOOD CONTROL In the amendment, strike ‘‘7 days’’ and in- The Senator from Nevada [Mr. REID] moves Mr. LAUTENBERG. Mr. President, I sert ‘‘6 days’’. to commit the bill, H.R. 1, to the Committee on Appropriations with instructions to re- rise today to engage in a colloquy with CLOTURE MOTION port back forthwith with an amendment my friend Senator LEAHY, who is man- Mr. REID. Mr. President, I have a numbered 3400. aging the Senate Supplemental Appro- cloture motion to the substitute at the The amendment is as follows: priations bill. The bill includes funding desk. At the end, add the following new section: and language provisions for the U.S. The PRESIDING OFFICER. The clo- Sec. lll. Army Corps of Engineers that will help ture motion having been presented This Act shall become effective 3 days construct and improve crucial flood under rule XXII, the Chair directs the after enactment. control projects in areas impacted by clerk to read the motion. Mr. REID. Mr. President, I ask for Hurricane Sandy, including along the The legislative clerk read as follows: the yeas and nays on that motion. Jersey Shore. Mitigation projects CLOTURE MOTION The PRESIDING OFFICER. Is there a along the coast are critical to pre- We, the undersigned Senators, in accord- sufficient second? venting future damage, and that’s why ance with the provisions of rule XXII of the There appears to be a sufficient sec- I am pleased that language is included Standing Rules of the Senate, hereby move ond. in the bill to authorize projects for to bring to a close debate on the substitute The yeas and nays were ordered. construction that are currently in the amendment No. 3395 to H.R. 1, an act making AMENDMENT NO. 3401 study phase. This provision will expe- appropriations for the Department of De- Mr. REID. Mr. President, I have a dite flood control efforts in flood-prone fense and other departments and agencies of first-degree amendment to the instruc- areas impacted by Hurricane Sandy, the Government for the fiscal year ending September 30, 2011. tions at the desk, and I ask the Chair and I am pleased Senator LEAHY agrees Harry Reid, Patrick J. Leahy, Benjamin to have that reported. this is a valuable initiative. L. Cardin, Mark Begich, Joe Manchin The PRESIDING OFFICER. The Mr. LEAHY. I am pleased to work III, Tom Harkin, Jeff Bingaman, Mary clerk will report. with Senator LAUTENBERG on this

VerDate Mar 15 2010 07:00 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.075 S19DEPT1 jbell on DSK7SPTVN1PROD with S8196 CONGRESSIONAL RECORD — SENATE December 19, 2012 issue. New Jersey, New York, and other fectiveness, in accordance with the Lakes system. The light-loading of States throughout the region were dev- aforementioned intentions, no later ships has repercussions across our astated by Hurricane Sandy. In par- than 45 days following enactment of transportation system with very real ticular, flood-prone areas and the this Act. impacts on jobs and our manufacturing coastline experienced severe damage. GREAT LAKES DREDGING FUNDING and agricultural sectors. This year’s That is why the Supplemental Appro- Mr. LEVIN. Mr. President, I want to drought across Ohio, Michigan, and priations bill includes funding and lan- bring attention to a significant dis- other parts of the upper-Midwest has guage to improve damaged projects, aster situation in the Great Lakes re- been nothing short of a natural dis- construct new projects to prevent fu- gion. As a result of a deadly combina- aster. ture damage, and to authorize projects tion of the Midwest drought and an un- Mr. LEVIN. In addition to response, in the study phase for construction, usually warm winter, the Great Lakes recovery and mitigation related to provided that the Corps of Engineers are at near record low water levels. Hurricane Sandy damage, I also under- determines doing so would cost-effec- The Army Corps of Engineers reports stand this bill provides funds to help tively reduce flood and storm damage that Lakes Michigan and Huron are respond to other natural disasters. I risks. more than 2 feet below their long-term would ask the manager of the bill, Sen- Mr. LAUTENBERG. Requiring the average. Lake Superior is more than 1 ator LEAHY, is that correct? Corps of Engineers to determine wheth- foot below its long-term average. Keith Mr. LEAHY. Yes, that is correct. The er potential projects in affected areas Kompoltowicz, chief of watershed hy- Supplemental Appropriations bill in- can cost-effectively reduce flood and drology for the Army Corps of Engi- cludes some funding related to natural storm damage risks before receiving neers, has said regarding the Great disasters other than Hurricane Sandy. construction authorization is a valu- Lakes water levels, ‘‘There is a good Mr. LEVIN. Would the near-historic able goal. However, Hurricane Sandy chance of setting record lows.’’ The sit- low water levels of the Great Lakes changed the conditions of many uation in the Great Lakes has resulted caused by drought and mild winters be projects, which could increase the final in freighters getting stuck in channels, considered a natural disaster? cost of those projects. Also, many ships carrying reduced loads leading to Mr. LEAHY. The bill does not define homes and businesses in flood-prone millions of dollars in losses, harbors ‘‘natural disaster,’’ but the near record areas were destroyed. This could lead closing or being threatened with clo- water level lows in the Great Lakes to a decrease in the value of property sure, and so-called Harbors of Refuge caused by drought and unusually warm protected by proposed projects. There- not being able to provide shelter to weather leading to increased evapo- fore, the combined impact of increased boaters in distress. ration are certainly contributing to project costs and a reduction in the Ms. STABENOW. Mr. President, I significant drought-like consequences value of property that would be pro- share my colleague’s deep concern with at Great Lakes ports and harbors. tected by planned flood control infra- the low water levels in the Great Mr. LEVIN. I thank the Senator. I structure could result in a calculation Lakes. This is, without a doubt, a dis- am pleased the bill includes $821 mil- that shows a higher project cost with aster for the communities who rely on lion to dredge federal navigation chan- lower economic benefits. Does the Sen- our harbors and waterways. The Great nels and repair damage to Corps ator agree that the language regarding Lakes provide jobs for more than projects nationwide related to natural the cost-effectiveness of flood and 800,000 Michigan residents, and low disasters. Would federally-authorized storm damage efforts under consider- water levels in the lakes are threat- Great Lakes harbors and channels be ation for construction authorization is ening those jobs. The Great Lakes sup- eligible for that funding? not intended to disqualify projects that port a $7 billion fishing industry, and a Mr. LEAHY. Yes. The funding is tied could have increased costs and de- $16 billion recreational boating indus- to estimates of natural disaster dam- creased economic benefits as a result of try. However, weather disasters this ages relayed to Congress by the Corps, Hurricane Sandy? year have resulted in water levels in however, the funding is not earmarked Mr. LEAHY. Yes. The language does the Great Lakes near record lows. Nor- to specific projects. The Corps utilizes not intend for the Corps of Engineers mally we count on spring rains and this funding to restore essential to disqualify studies under consider- snow melt-off to raise the level of the project functions based on the Corps’ ation for construction authorization lakes. But this spring we saw only a 4 priority of the damages. In that con- based on increased costs and decreased inch rise in Lake Michigan and Lake text, Great Lakes ports and harbors economic benefits as a result of Hurri- Huron, one-third of the normal level. would be eligible for the funding. cane Sandy. In addition, the term And for the first time on record, there Mr. LEVIN. I thank the Senator for ‘‘cost-effectiveness’’ does not refer to was no spring rise in levels of Lake St. his clarification. The Army Corps of the benefit to cost ratio typically used Clair and Lake Erie. Due in part to the Engineers estimates that $35 million by the Corps of Engineers. summer heat wave, at the height of could be utilized in operations and Mr. LAUTENBERG. I thank Senator which every single one of Michigan’s 83 maintenance funding just to restore LEAHY, along with Energy and Water counties was declared a disaster area, minimum operations in the Great Development Appropriations Sub- 2012 was also marked by evaporation Lakes system. I am hopeful that $35 committee Chairman DIANNE FEIN- rates over 50 percent above average for million of the $821 million for dredging STEIN, who has jurisdiction over the the 4 largest lakes. There is no ques- will be directed to Great Lakes Corps, for their work on this vital bill, tion that the shipping channels and projects. I thank the Senator for his which would help states affected by harbors of the Great Lakes are in dis- work on this important legislation, and Hurricane Sandy recover and prepare tress. We cannot reverse the drought, I thank my friends for their support in for future storms. It includes impor- but we can support the dredging addressing the low water level impacts tant language to allow projects in the projects necessary to ensure that the on the Great Lakes navigational sys- study phase to be constructed and does 139 Federal harbors and waterways in tem through this supplemental appro- not intend to disqualify projects with the Great Lakes region can continue to priations bill. increased costs and decreased economic serve our Nation’s economy. Mr. BROWN of Ohio. While the water benefits as a result of Hurricane Sandy. f Given that this process is different levels are at historic lows in Lakes than standard practice, does the Sen- Michigan and Huron, Lake Erie, which ator agree that the Corps of Engineers my State borders, also has water levels MORNING BUSINESS should submit a report to Congress to below its long-term average. Because Mr. REID. Mr. President, I ask unan- explain the process that will be imple- the Great Lakes navigational system is imous consent the Senate proceed to a mented? interconnected, with shipments often period of morning business, with Sen- Mr. LEAHY. Yes. The Corps is di- moving from Duluth to Cleveland to ators permitted to speak therein for up rected to submit a report to the Com- Buffalo, a problem in one harbor can to 10 minutes each. mittee on Appropriations on its pro- have negative impacts across all of the The PRESIDING OFFICER. Without posed process for determining cost-ef- 60 commercial projects in the Great objection, it is so ordered.

VerDate Mar 15 2010 07:00 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.053 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8197 ORDER OF BUSINESS certainly the loss of livestock, and the this Nation. Quite frankly, I have no Mr. REID. Mr. President, I filed clo- loss of miles of fencing in these fires. answer. I have no answer. I can’t think ture on the substitute amendment and Basically, whole ranching enterprises of an answer. the bill itself. I have had a conversa- were destroyed. Will any of my 99 colleagues come to tion with the Republican leader earlier The largest of these fires was larger me and explain why we shouldn’t pass this evening. I am hopeful we can get a than the Presiding Officer’s State, the this amendment tomorrow, the amend- list—a short list—of amendments and a State of Rhode Island. That is an enor- ment that I will propose? I will tell you path to complete work on this bill as mous fire. That was just one of the that a number of us came together to soon as possible. The FISA bill is some- many fires we had sweeping our State, propose this amendment. Senator STA- thing we have to do before we leave. I and this was not just something that BENOW, Senator MCCASKILL, Senator have said that several times this week. happened in Oregon. This happened in BAUCUS, Senator WYDEN, Senator TIM I have had conversations with several many States this summer because it JOHNSON, Senator FRANKEN, Senator interested Members. I am hopeful we goes along with something else, which TOM UDALL, representing all kinds of can get an agreement to complete ac- is we had the worst drought in many parts of our Nation, who understand tion on this matter tomorrow. parts of the country. So we have farm- the impact that drought has had, un- The DOD authorization conference ers and ranchers across this Nation derstand the impact the fires have had. report, they have completed that work. devastated this past summer by They have come together from dif- It has been tedious and very hard. Sen- drought, devastated by fires which ferent parts of the Nation to say we are were larger because of drought condi- in this together. Let’s not leave strand- ator MCCAIN and Senator LEVIN have worked very hard. We are hopeful we tions. ed our ranchers and farmers when we Normally we would have had disaster can lock in an agreement to vote on gather to debate tomorrow. Let’s let programs to assist with these disasters. that tomorrow. We also have to con- this amendment be brought forward, These disaster programs were author- firm three district court judges. We and let’s get it passed as part of this ized in the farm bill. In this Chamber hope to be able to do that tomorrow. very appropriate response to this very we had a bipartisan coming together. We have a lot of work to do. terrible disaster called Hurricane We passed the farm bill, and we sent it The House, as we speak—how to say Sandy. over to the House. There it has sat, this in a kind way. They are trying to f month after month after month, while come up with something. They have our farmers and our ranchers all across LIMITED SERVICE EXCLUSION had to work all day to come up with this Nation faced these disasters with Mr. PRYOR. Mr. President, I rise something. We are waiting for their no assistance, no assistance in a situa- today to address an issue that has aris- ‘‘something.’’ tion in which they should be able to ex- en between companies within the mov- I suggest the absence of a quorum. pect assistance. It is the tradition of ing industry. Recently, a group of full- The PRESIDING OFFICER. The our Nation that when there are ex- service moving companies has at- clerk will call the roll. traordinary disasters, we rally to- tempted to change rules established by The assistant legislative clerk pro- gether, respond and rebuild those com- law, regulations, and court findings. ceeded to call the roll. munities, whether they be urban disas- These full-service moving companies Mr. MERKLEY. Mr. President, I ask ters or whether they be rural disasters. are aiming to undermine the clear in- unanimous consent that the order for But because the farm bill has not been tent of Congress by avoiding the formal the quorum call be rescinded. passed, not gotten to the President, rulemaking or legislative process. The The PRESIDING OFFICER. Without these disaster programs have not been changes sought would benefit their objection, it is so ordered. reauthorized, and our farmers and companies and damage their competi- Mr. MERKLEY. Mr. President, I ask ranchers watch us and wait. They say tors within the sector. unanimous consent to speak as in where is our government, our partner, In recent years, full-service moving morning business. when disaster occurs? companies have faced new competition The PRESIDING OFFICER. Without They know the tax dollars they pay from a growing number of companies objection, it is so ordered. go into the central government and that allow consumers a ‘‘do it your- f have many times been allocated to oth- self’’ alternative to more expensive, ers around this Nation facing disasters traditional movers. Some general NATIONAL DISASTERS of all kinds—earthquakes, hurricanes, freight motor carriers have been offer- Mr. MERKLEY. Mr. President, to- floods, droughts. But these individuals, ing ‘‘do it yourself’’ consumers an op- night we are wrapping up affairs here now that Mother Nature has struck tion for moving: a non-household goods on the floor, and what is going on right them, stand waiting. motor carrier drops off empty con- now is that the main substitute amend- We have an opportunity tomorrow to tainers or trailers at the consumer’s ment that had a whole series of other right this wrong. We have a bill that is doorstep for the consumer to load, the amendments attached to it that has about the enormous terrible disaster consumer loads the trailer—individ- been the result of the work over the that affected our Northeastern States ually, with help from neighbors, or by last couple of days has been withdrawn, in the form of Hurricane Sandy. hiring a third party. After loading, the so we are back to square one in terms We should be absolutely expedient in consumer calls the container company of addressing a series of national disas- taking care of communities so dra- or freight carrier to pick up the con- ters around the country. matically affected. But at the same tainer or trailer, the container com- Tomorrow, with the new amendment, time, isn’t it right that we take care of pany then arranges for an authorized we will start off the day with a new the other communities around this general freight or flatbed carrier to basic amendment and a new chance to country that have faced disasters this pick up and haul the loaded container, have amendments to the replacement. I last year that are waiting on us? dropping it off on the requested deliv- explain this simply to say that a num- I invite my colleagues to come to the ery date for the consumer to unload; ber of Senators who had amendments floor and explain to me if they feel it is and the carrier returns to pick up the over the last couple of days will come not right to take care of the other dis- empty container or trailer when un- back tomorrow and will ask to have asters we have had this last year. I loaded. The customer is able to pur- their amendments be considered. I will would like to be able to go to the chase the level of service he or she be one of them, and I wanted to explain ranchers and farmers in my State and wants and manage the process them- why. explain to them the arguments that selves from start to finish. In my home State of Oregon, we had others might bring about why their Mr. President, that is precisely the the worst forest fires in a century this disaster, the destruction of their liveli- type of service alternative Congress in- summer, and the devastation to ranch- hood that the great hand of Mother Na- tended to encourage when it included ers and farmers was enormous. There ture struck, why we shouldn’t address the so-called ‘‘Limited Service Exclu- was the loss of forage on their own and assist them when we are assisting sion’’ in the ‘‘Household Goods Mover land, the loss of forage on BLM land, others so dramatically affected around Oversight Enforcement and Reform Act

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.083 S19DEPT1 jbell on DSK7SPTVN1PROD with S8198 CONGRESSIONAL RECORD — SENATE December 19, 2012 of 2005,’’ enacted as §§ 4201–16 of Pub. L. does not control the third party who appropriately named ‘‘Limited Service No. 109–59, 119 Stat. 1144 (2005), now the consumer engages to load and un- Exclusion.’’ The interpretation that known as ‘‘SAFETEA-LU.’’ This Lim- load the container or trailer, the car- the traditional movers advocate would ited Service Exclusion, codified at 49 rier does not authorize the third party overturn, not preserve, agency prece- U.S.C. § 13102 (12)(c), expressly states to act for and on behalf of this carrier, dent and arrive at a definition of that: and the third party does not agree to ‘‘household goods motor carrier’’ that The term [household goods motor carrier] act on behalf of the carrier, then the unlawfully contravenes the service- does not include a motor carrier when the third party is not the agent of the car- based exclusion codified in 49 U.S.C. § motor carrier provides transportation of rier. Facilitating the consumer to con- 13102(12)(c). household goods in containers or trailers tract with a third party that provides Mr. PRYOR. Along with the growth that are entirely loaded and unloaded by an loading and unloading services does not of general freight motor carriers and individual (other than an employee or agent create an agency relationship as we in- container-supply companies catering of the motor carrier). tended that term in the Limited Serv- to the needs of do-it-yourself con- I sponsored this provision and ice Exclusion. Moreover, on a related sumers, we have seen some of these worked with others in Congress to in- issue, the Limited Service Exclusion same companies become regulated corporate this Limited Service Exclu- should remain intact even if the carrier property brokers and step forward in sion into law and want to be clear of receives compensation for facilitating this capacity to assist these con- the intent of the law. The ‘‘Limited the consumer to contract with packing sumers. For a negotiated fee, they offer Service Exclusion’’ was intended for and loading providers, provided that to arrange with portable container the non-household goods motor carrier the carrier does not have an agency re- companies and general freight carriers that drops off empty containers or lationship with the packing and load- to place the containers and trailers for trailers, which are loaded by the con- ing providers. loading and to have them transported sumer or a third party, and then deliv- Mr. RUBIO. Mr. President, as Sen- to their destinations when loaded. To ered or stored by the container com- ator PRYOR points out, the clear intent counteract this middleman-service, the pany or freight carrier. The exclusion’s of Congress in adopting the Limited full-service traditional moving compa- intent was to keep portable container Service Exclusion section of nies are now urging the FMCSA to re- supply companies and general freight SAFETEA-LU was to ensure cost-con- quire do it yourself consumers desiring carriers from the regulations required scious, budget-driven consumers will broker assistance to engage only bro- for household good movers. continue to have the option to choose kers registered with and regulated by The written guidance that has been low-cost moving services for their the FMCSA as ‘‘household goods bro- requested by the full-service moving goods. Although I was not a member of kers’’ to make these arrangements on companies are pushing would ignore Congress when SAFETEA-LU was their behalf and to require them to use the Limited Service Exclusion’s intent passed, you can plainly see that Con- only registered, full-service ‘‘household by blocking portable container supply gress made it clear in another section goods motor carriers’’ to perform the companies and general freight carriers of SAFETEA-LU that it was codifying underlying transportation. from relying on this statutory exclu- and preserving decades of law devel- Their principal argument relies upon sion to work together and with the do oped and perpetuated at the FMCSA, a false negative inference they want it yourself consumer to move the con- its predecessor the Interstate Com- the FMCSA to draw from the absence sumer’s belongings to his new home. merce Commission, and the courts that of a similar ‘‘Limited Service Exclu- That requested interpretation would authorize general commodity motor sion’’ from the ‘‘household goods reverse decades of legal precedent and carriers lacking household goods au- broker’’ definition for brokers that ar- rule that if the container supplier or thority to transport household goods as range household goods moves for do-it- general freight carrier refers the con- long as they do not perform specialized yourself consumers. This effort at sumer to a third party who provides household goods related services such changing the meaning of the statute the labor to load or unload the con- as loading and unloading. Here is what further obstructs the intent behind the tainers and trailers, and the consumer Congress added to SAFETEA-LU, now Household Goods Mover Oversight En- elects to use those services, this third codified at 49 U.S.C. § 13102(12)(B): forcement and Reform Act of 2005. We party automatically becomes the want the consumers to have access to ‘‘agent’’ of that container company or The term [‘‘household goods motor car- rier’’] includes any person that is considered low-cost transportation services as an trucking company. This attempted to be a household goods motor carrier under alternative to the traditional full-serv- change of the statute with its anti- regulations, determinations, and decisions of ice moving companies when motor car- competitive effects is exactly the oppo- the Federal Motor Carrier Safety Adminis- riers, lacking specific household goods site of what I and my colleagues in the tration that are in effect on the date of en- authority and not providing specialized Senate and the House who voted for actment of the Household Goods Mover Over- household goods related services, per- SAFETEA-LU intended. sight Enforcement and Reform Act of 2005. form the underlying transportation in The traditional moving companies The definition of ‘‘household goods reliance upon the Limited Service Ex- urge the FMCSA to adopt a definition motor carrier’’ that Congress sought to clusion codified at 49 U.S.C. of ‘‘agent’’—as such term is used in the preserve and perpetuate focuses on the §13102(12)(c). No broker-specific Lim- Limited Service Exclusion. This would nature of the services performed, not ited Service Exclusion is required: if result in greater costs to consumers on the commodity itself. If the motor the underlying motor carrier service and will prevent container and general carrier provides specialized household does not provide packing and loading freight carriers from using the Limited goods related services—packing, load- services, then the motor carrier need Service Exclusion as Congress in- ing, unloading, etc.—for the consumer, not hold household goods authority tended. The FMCSA already has em- the carrier must be deemed a ‘‘house- from the FMCSA. In turn, the broker bedded in its regulations the ideal basis hold goods motor carrier’’ with respect engaged by the consumer to arrange for arriving at a definition of ‘‘agent’’ to the goods it transports under a long the transportation (without any pack- that is consistent with our intent. The line of court, FMCSA and ICC decisions ing and loading services) likewise need FMCSA’s own regulation, 49 CFR § and implementing regulations. Con- not hold household goods broker au- 375.103, requires it to apply the ‘‘ordi- versely, if the carrier (or its agent) thority and need not use a household nary practical meaning’’ to the term does not perform those specialized goods motor carrier. Accordingly, a ‘‘agent.’’ The ‘‘ordinary practical services in conjunction with those motor carrier authorized to haul prop- meaning’’ of the term agent is well set- household goods, it may transport erty (excluding household goods) can tled as a matter of black letter law and them without being registered and reg- perform the move. there is no cause for a federal agency ulated as a ‘‘household goods carrier.’’ Mr. RUBIO. Mr. President, as Sen- to attempt to further interpret such a This emphasis on the nature of the car- ator PRYOR has articulated, the well-established term. Simply put, the rier services performed and not the na- FMCSA should not suppress competi- definition compels a finding that: as ture of the commodity itself is also at tion in the moving industry, and my long as the container or freight carrier the very heart of and reflected in the fear is that this would happen if the

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.049 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8199 agency eliminates an important mov- education benefits, and other impor- grams. And in 2007 and again in 2008, he ing option for do-it-yourself con- tant programs has made a significant introduced the Patient Safety and sumers. This would economically hurt and lasting impact on the lives of vet- Abuse Protection Act, which allowed the principal users of portable storage erans and their families. employers to perform background companies, namely the middle class, When people describe DANIEL AKAKA, checks on nursing home employees to military, students and other price con- one of the first words used to describe help prevent elder abuse. When this scious consumers. For these reasons him is ‘‘humble.’’ He is indeed that. He legislation was included in the Afford- and the others mentioned by my col- has been a dedicated and principled able Care Act in 2009, it was a major league, it is my sincere hope that the servant of the people of Hawaii and our step forward for patient safety. FMCSA preserves the rights of con- Nation, an unfailing ally of our vet- I will miss working with HERB KOHL sumers, as intended by Congress, to erans and their families, and a valued on these and many other issues. I will ready and unfettered access to lower colleague and friend. I will miss him, miss the opportunity to give him a cost options with respect to moving and I will always remember how he hard time whenever our Detroit Pis- their household goods. taught us that gentleness and effec- tons beat his Milwaukee Bucks. I hope f tiveness are not mutually exclusive we can continue the important work he characteristics. has helped move forward: protecting TRIBUTES TO DEPARTING HERB KOHL good jobs, our Great Lakes, our stu- SENATORS Mr. President, in his four terms rep- dents, and our seniors. DAN AKAKA resenting the State of Wisconsin in f Mr. LEVIN. Mr. President, for the this body, Senator HERB KOHL’s focus DANIEL K. INOUYE last 22 years, DANIEL AKAKA has rep- has been precisely where it should be: resented the people of Hawaii in this the welfare of the people of his State Mr. WHITEHOUSE. Mr. President, body. They have been the better for his and of our Nation. Whether in sup- today the State of Hawai‘i, the Senate, service, and I have greatly appreciated porting American manufacturers and and the United States mourn the loss the wisdom, humility, and passion with the jobs they provide, in fighting for of Senator Daniel Inouye. which he has served here. protection from crime and for adequate Observers of the Senate today know One issue on which we have been able nutrition for our children, in pro- Chairman Inouye as a poised, soft-spo- to work closely as fellow members of tecting senior citizens from elder ken statesman: courteous and colle- the Homeland Security and Govern- abuse, or in preserving the Great Lakes giate; shunning of the spotlight; above mental Affairs Committee is oversight that our two States share, Senator the petty churn of the partisan fray. of the Federal workforce, a key issue KOHL has accomplished much on behalf But historians will remember him as a for his State and for taxpayers every- of American families. great patriot, a fierce warrior, a brave where. Senator AKAKA’s passion for I have been fortunate to work closely pioneer, and a great leader. Federal workforce issues comes from with Senator KOHL on issues of vital Chairman Inouye’s unflinching com- his passion for public service and for ef- importance to our States. He has long mitment to his country withstood both fective government. Just in this Con- been a strong supporter of the Manu- the moral threat of having his family gress, I was an original cosponsor of his facturing Extension Partnership, which deemed ‘‘enemy aliens’’ and the direct Federal Whistleblower Protection Act, helps U.S. manufacturers with tech- physical threat of Nazi firepower. His to strengthen the law protecting Fed- nical support and services that make famed ‘‘Go For Broke’’ 442nd Regi- eral employees who bring to light them more efficient and competitive in mental Combat Team was made up of fraud, waste, and abuse in Federal pro- the global marketplace. His support for Japanese-American volunteers, but grams. That Akaka bill is expected to adequate MEP funding has made a sig- even among this exceptionally deco- be signed into law before the end of the nificant difference for American com- rated group of men, Second Lieutenant year. Also this Congress, I was proud to panies and workers. Inouye exemplified exceptional bravery cosponsor his Hatch Act Modernization Now, we in Michigan bow to no one and sacrifice in what Winston Church- Act to allow hard-working employees in our love for the Great Lakes, but ill described as the war ‘‘to confront of State and local governments, who even I would admit that Wisconsin, not only military but moral aggres- are covered by the Hatch Act, to serve second only to Michigan in its length sion.’’ as elected officials in their commu- of Great Lakes coastline, is a close The fight to see the American values nities. competitor. As a member of the Great of freedom, justice, and equality ful- In addition to his focus on Federal Lakes Task Force, which I cochair, he filled would continue beyond the war workforce issues, Senator AKAKA has has supported cleanup of toxic hot years and throughout Chairman long been a valued member of the spots, the fight against invasive spe- Inouye’s lifetime of service to his home Armed Services Committee. We have cies, protecting Great Lakes water state and his country. The new State of worked together on legislation to re- quality, and sufficient funding for the Hawai‘i sent him to Washington as form Defense Department business and Great Lakes Restoration Initiative. part of its very first delegation. The financial management systems; We have also shared an interest in first Japanese American elected to strengthen oversight and account- consumer protection. Senator KOHL Congress, he has been a champion of ability of wartime contracting; and chairs the Judiciary Committee’s Sub- civil rights for women, Asian Ameri- strengthen the Defense Department’s committee on Antitrust, Competition cans, Native Hawaiians, and African management of the substantial funds it Policy and Consumer Rights, and from Americans. Indeed, Chairman Inouye spends to acquire property and serv- that platform, he has battled those was the last surviving member of the ices. who would prey on American con- Senate to have voted for the Civil Senator AKAKA joined in 2002 with sumers, whether they are abusive cred- Rights Act of 1964. He also ferreted out Senator INHOFE to form the Senate it card companies or oil-exporting car- corruption at the highest level of gov- Army Caucus, and through this bipar- tel nations. ernment, serving on the Senate’s select tisan group they have focused welcome But where Senator KOHL has left committee on the Watergate scandal, attention on the programs and needs of what may be his most lasting impres- and chairing the investigation of the our Army. Senator AKAKA, himself an sion is in his hard work on behalf of Iran-Contra arms affair. Army veteran, has been an important our Nation’s most vulnerable citizens: But Dan Inouye was first and fore- source of insight into the challenges children and seniors. He has long advo- most a servant of the people of Hawai‘i. facing our soldiers and their families. cated solutions to help make college Ever grateful for the faith they en- Of course, as the former chairman of more affordable. He has helped expand trusted in him year after year, he the Veterans’ Affairs Committee, Sen- the availability of nutritious break- worked to make sure they had every ator AKAKA has long demonstrated an fasts for school-age children and pro- opportunity to achieve the full poten- intense dedication to those who have grams to help parents afford food on tial of the American Dream. I was hon- helped defend our Nation. His steadfast the table for their families. He has ored that he joined me as an original advocacy for veterans health programs, worked to strengthen afterschool pro- member of the Senate Oceans Caucus,

VerDate Mar 15 2010 07:00 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.049 S19DEPT1 jbell on DSK7SPTVN1PROD with S8200 CONGRESSIONAL RECORD — SENATE December 19, 2012 and as a cosponsor of my bill to estab- Mike knows the ecological impor- Mike’s knowledge of the environ- lish a National Endowment for the tance of the Chesapeake Bay and the mental issues of the day does not just Oceans to protect the environment and impediments harming the bay’s ecol- stem from his professional experience, economies that are so vital to both his ogy because he has seen it all and expe- but also from his personal interest as home State and my own. rienced it firsthand. From Poplar Neck an avid naturalist, bird watcher, As his colleague and compatriot Sen- to Elk Neck, from Catoctin Mountain kayaker, and overall lover of the out- ator DANIEL AKAKA said on the Senate to Calvert Cliffs, from the Nanticoke doors. Mike is most at home among the floor in those first hours after we re- to the Pocomoke, from Rocky Gorge to natural spaces he treasures, either on ceived the terrible news of Chairman Sandy Point, Mike has experienced the the water in a sea kayak or walking Inouye’s passing, ‘‘He fulfilled his natural wonder of our great State. It is along a nature trail. For several years, dream of creating a better Hawai‘i.’’ his deep appreciation for the impor- Mike has shared that passion with the His wife Irene, his son Ken, his daugh- tance of protecting our State’s natural community by writing a column fea- ter-in-law Jessica, his stepdaughter resources that has made him such a turing different species of Mid-Atlantic Jennifer, and his granddaughter valuable member of my staff. native and migratory birds in the Maggie can all be proud of that legacy. In addition to his critical environ- ‘‘Chesapeake Bay Journal.’’ As with ev- My thoughts are with them in this, mental work, Mike led my team in erything he does, Mike’s columns al- their time of loss. charge of instate projects. The key in- ways manage to include some of the As the old hymn tells us: stitutions of Maryland’s public life our quiet wisdom that is uniquely his. In a Now the laborer’s task is o’er; universities, our hospitals, our local column about the common song spar- Now the battle day is past; governments, and community organi- row, a local bird that is often over- Now upon the farther shore zations have benefitted from Mike’s ex- looked in favor of those with brighter Lands the voyager at last. pertise in navigating the legislative colors and flashier songs, Mike urges Aloha, Dan Inouye. process and his commitment to fight- his readers to look beyond the bird’s f ing on behalf of the people of Mary- plain exterior to appreciate its unique land. contribution to the natural commu- ADDITIONAL STATEMENTS Mike’s substantive knowledge and nity. His words manage to capture political acumen extend well beyond something about his own steady, unas- the bay and Maryland. His policy ex- suming service to those around him. TRIBUTE TO MIKE BURKE pertise led Senator BARBARA BOXER, Mike writes, ‘‘We lead quiet lives until ∑ Mr. CARDIN. Mr. President, today I the chairman of the Environment and some rare person decides to listen with wish to thank and to honor an invalu- Public Works Committee, to ask me if abiding patience, waiting for us to fi- able member of my Senate team, Mi- I would ‘‘lend’’ Mike to her committee nally step out from behind protective chael Burke. As my Maryland projects during the committee’s arduous work cover and softly announce our pres- director, Mike has been the key liaison on both the 2010 climate bill and the ence. And then anonymity gives way to between the Federal legislative process 2012 Transportation bill. While his full- the individuality that has been there and the critical institutions of my time service to my office was missed all along.’’ For me, for my team, Mike home State of Maryland. As my top en- during those periods, I was pleased to has always been both the quiet pres- vironmental adviser, Mike has been see how much my colleague from Cali- ence and the patient listener, working vital to each of my environmental pri- fornia valued Mike’s input and skill, with steady determination for the peo- orities, from climate change to the and I was happy to see him brought in ple of Maryland. As he looks forward to Chesapeake Bay. Mike is a substantive to help the chairman with these impor- a retirement filled with relaxation and expert, a keen strategist, a wise coun- tant committee initiatives. the outdoor recreation that he loves, I selor, and an attentive mentor and In addition to his wealth of knowl- am humbly grateful for his service. He friend to my entire team. He is a dili- edge and strategic skill, Mike will be will be missed.∑ gent public servant who leads quietly, missed most of all for the warmth, in- f by example, with the strength of his tegrity, and generosity of spirit that he knowledge and skill. As he retires after brings to every encounter. When he MESSAGES FROM THE HOUSE an exemplary career of service, I am first joined my office, he would occa- At 9:46 a.m., a message from the pleased to pay public tribute to this re- sionally send Maryland trivia ques- House of Representatives, delivered by markable man. tions around to the staff. His enthu- Mr. Novotny, one of its reading clerks, Mike has devoted much of his career siasm helped to broaden my team’s— announced that the House has passed to protecting the natural splendor of and even my own—knowledge of the the following bill, without amendment: Maryland and the Mid-Atlantic, par- great State of Maryland, and endeared S. 285. An act for the relief of Sopuruchi ticularly our iconic Chesapeake Bay. him to everyone in the office. No mat- Chukwueke. Before joining my team, Mike was as- ter how tough the circumstance and The message also announced that the sociate director of the Environmental here in the Senate, we often face tough House has passed the following bills, in Protection Agency’s Chesapeake Bay days—Mike is quick to declare with a which it requests the concurrence of program. There, he dedicated himself smile that he has ‘‘never had a bad the Senate: to implementing solutions for the bay, day.’’ He has committed himself to H.R. 6014. An act to authorize the Attorney which is the world’s largest estuary, mentorship, voluntarily and enthu- General to award grants for States to imple- one of the most important water bodies siastically spending hours working ment DNA arrestee collection processes. in the Nation, and a natural resource with more junior colleagues, guiding H.R. 6671. An act to amend section 2710 of that all Marylanders treasure. Shortly title 18, United States Code, to clarify that a and advising them with a selflessness video tape service provider may obtain a after I was sworn into the Senate, Mike that is remarkable for being all too consumer’s informed, written consent on an joined my office as an EPA fellow. He rare. ongoing basis and that consent may be ob- demonstrated an incredible knowledge During the years, I am proud to say tained through the Internet. and understanding of the wide range of that I have come to value Mike not issues affecting Maryland, and I knew I just as a staff member, but as a friend. At 12:27 p.m., a message from the needed to hire him as a permanent He and his wife Pat have become favor- House of Representatives, delivered by member of my staff. He brought his ites within the Cardin team, and I am Mrs. Cole, one of its reading clerks, an- passion for the environment to his pleased to have this opportunity to ac- nounced that the House has passed the work in the Senate, skillfully leading knowledge Pat publicly as well. Her following bills, without amendment: efforts on environmental issues from strong commitment to Maryland is evi- S. 3642. An act to clarify the scope of the Chesapeake Bay health to clean air, dent not only in her own work in chil- Economic Espionage Act of 1996. S. 3687. An act to amend the Federal Water and from climate change to wildlife dren’s health care, but in her support Pollution Control Act to reauthorize the conservation. I will continue to fight of Mike’s efforts here in these Halls, Lake Pontchartrain Basin Restoration Pro- hard for the issues and programs that and I thank her for her contribution to gram, to designate certain Federal buildings, Mike helped initiate. the people of Maryland. and for other purposes.

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.043 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8201 The message also announced that the At 6:33 p.m., a message from the (FRL No. 9372–1) received in the Office of the House passed the following bills and House of Representatives, delivered by President of the Senate on December 12, 2012; joint resolution, in which it requests Mr. Novotny, one of its reading clerks, to the Committee on Agriculture, Nutrition, and Forestry. the concurrence of the Senate: announced that the House has passed EC–8587. A communication from the Direc- H.R. 6504. An act to amend the Small Busi- the following bill, in which it requests tor of the Regulatory Management Division, ness Investment Act of 1958 to provide for in- the concurrence of the Senate: Environmental Protection Agency, transmit- creased limitations on leverage for multiple H.R. 6655. An act to establish a commission ting, pursuant to law, the report of a rule en- licenses under common control, and for to develop a national strategy and rec- titled ‘‘Flubendiamide; Pesticide Toler- other purposes. ommendations for reducing fatalities result- ances’’ (FRL No. 9373–3) received in the Of- H.R. 6621. An act to correct and improve ing from child abuse and neglect. fice of the President of the Senate on Decem- certain provisions of the Leahy-Smith Amer- ber 12, 2012; to the Committee on Agri- ica Invests Act and title 35, United States f culture, Nutrition, and Forestry. Code. EC–8588. A communication from the Direc- H.J. Res. 122. Joint resolution establishing MEASURES REFERRED tor of the Regulatory Management Division, the date for the counting of the electoral The following bill was read the first Environmental Protection Agency, transmit- votes for President and Vice President cast and the second times by unanimous ting, pursuant to law, the report of a rule en- by the electors in December 2012. titled ‘‘Pyriproxyfen; Pesticide Tolerances’’ consent, and referred as indicated: (FRL No. 9365–6) received in the Office of the The message further announced that H.R. 6655. An act to establish a commission President of the Senate on December 12, 2012; the House agrees to the amendment of to develop a national strategy and rec- to the Committee on Agriculture, Nutrition, the Senate to the bill (H.R. 3783) to ommendations for reducing fatalities result- and Forestry. provide for a comprehensive strategy ing from child abuse and neglect; to the EC–8589. A communication from the Direc- to counter Iran’s growing hostile pres- Committee on Health, Education, Labor, and tor of the Regulatory Management Division, ence and activity in the Western Hemi- Pensions. Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- sphere, and for other purposes. f titled ‘‘Picoxystrobin; Pesticide Tolerances’’ ENROLLED BILLS SIGNED ENROLLED BILL PRESENTED (FRL No. 9370–8) received in the Office of the At 2:52 p.m., a message from the President of the Senate on December 12, 2012; House of Representatives, delivered by The Secretary of the Senate reported to the Committee on Agriculture, Nutrition, Mr. Novotny, one of its reading clerks, that on today, December 19, 2012, she and Forestry. announced that the Speaker has signed had presented to the President of the EC–8590. A communication from the Direc- United States the following enrolled tor of the Regulatory Management Division, the following enrolled bills: Environmental Protection Agency, transmit- S. 285. An act for the relief of Sopuruchi bill: ting, pursuant to law, the report of a rule en- Chukwueke S. 3193. An act to make technical correc- titled ‘‘Dodine; Pesticide Tolerances’’ (FRL H.R. 3783. An act to provide for a com- tions to the legal description of certain land No. 9364–7) received in the Office of the Presi- prehensive strategy to counter Iran’s grow- to be held in trust for the Barona Band of dent of the Senate on December 12, 2012; to ing hostile presence and activity in the Mission Indians, and for other purposes. the Committee on Agriculture, Nutrition, Western Hemisphere, and for other Purposes. and Forestry. f The enrolled bills were subsequently EC–8591. A communication from the Direc- EXECUTIVE AND OTHER tor of the Regulatory Management Division, signed by the President pro tempore Environmental Protection Agency, transmit- (Mr. LEAHY). COMMUNICATIONS ting, pursuant to law, the report of a rule en- The following communications were titled ‘‘Clodinafop-propargyl; Pesticide Tol- At 2:09 p.m., a message from the laid before the Senate, together with erance’’ (FRL No. 9371–6) received in the Of- House of Representatives, delivered by accompanying papers, reports, and doc- fice of the President of the Senate on Decem- ber 12, 2012; to the Committee on Agri- Mrs. Cole, one of its reading clerks, an- uments, and were referred as indicated: nounced that the House agreed to the culture, Nutrition, and Forestry. following concurrent resolutions, with- EC–8583. A communication from the Direc- EC–8592. A communication from the Acting tor of Program Development and Regulatory Principal Deputy Assistant Secretary of De- out amendment: Analysis, Rural Utilities Service, Depart- fense (Personnel and Readiness), transmit- S. Con. Res. 63. Concurrent resolution cor- ment of Agriculture, transmitting, pursuant ting a report on the approved retirement of recting the enrollment of S. 2367. to law, the report of a rule entitled ‘‘Expan- Lieutenant General Purl K. Keen, United S. Con. Res. 64. Concurrent resolution au- sion of 911 Access Loans and Loan Guaran- States Army, and his advancement to the thorizing the use of the rotunda of the Cap- tees’’ (RIN0572–AC24) received in the Office of grade of lieutenant general on the retired itol for the lying in state of the remains of the President of the Senate on December 10, list; to the Committee on Armed Services. the late Honorable Daniel K. Inouye. 2012; to the Committee on Agriculture, Nu- EC–8593. A communication from the Under The message also announced that the trition, and Forestry. Secretary of Defense (Acquisition, Tech- Clerk of the House be directed to re- EC–8584. A communication from the Man- nology and Logistics), transmitting, pursu- ager of the BioPreferred Program, Office of ant to law, the Fiscal Year 2010 Report on turn to the Senate the bill (S. 2367) to the Department of Defense (DoD) Operation strike the word ‘‘lunatic’’ from Federal Procurement and Property Management, De- partment of Agriculture, transmitting, pur- and Financial Support for Military Muse- law, and for other purposes, in compli- suant to law, the report of a rule entitled ums; to the Committee on Armed Services. EC–8594. A communication from the Asso- ance with a request of the Senate for ‘‘Designation of Product Categories for Fed- ciate General Counsel for Legislation and the return thereof. eral Procurement, Round 9’’ (RIN0599–AA15) Regulations, Office of Public and Indian received in the Office of the President of the At 3:40 p.m., a message from the Housing, Department of Housing and Urban Senate on December 11, 2012; to the Com- House of Representatives, delivered by Development, transmitting, pursuant to law, Mr. Novotny, one of its reading clerks, mittee on Agriculture, Nutrition, and For- the report of a rule entitled ‘‘Native Amer- estry. announced that the house passed the ican Housing Assistance and Self-Determina- EC–8585. A communication from the Direc- tion Reauthorization Act of 2008: Amend- following bill, in which it requests the tor of the Regulatory Management Division, concurrence of the Senate: ments to Program Regulations’’ (RIN2577– Environmental Protection Agency, transmit- AC80) received in the Office of the President H.R. 6672. An act to reauthorize certain ting, pursuant to law, the report of a rule en- of the Senate on December 12, 2012; to the programs under the Public Health Service titled ‘‘Bacillus subtilis Strain QST 713 Vari- Committee on Banking, Housing, and Urban Act and the Federal Food, Drug, and Cos- ant Soil; Amendment to an Exemption from Affairs. metic Act with respect to public health secu- the Requirement of a Tolerance for Bacillus EC–8595. A communication from the Chief rity and all-hazards preparedness and re- subtilis Strain QST 713 to Include Residues Counsel, Federal Emergency Management sponse, and for other purposes. of Bacillus subtilis Strain QST 713 Variant Agency, Department of Homeland Security, The message further announced that Soil’’ (FRL No. 9369–3) received in the Office transmitting, pursuant to law, the report of the House passed the following bill of the President of the Senate on December a rule entitled ‘‘Final Flood Elevation Deter- 12, 2012; to the Committee on Agriculture, with amendments, in which it requests minations’’ ((44 CFR Part 67) (Docket No. Nutrition, and Forestry. FEMA–2012–0003)) received in the Office of the concurrence of the Senate: EC–8586. A communication from the Direc- the President of the Senate on December 12, S. 1440. An act to reduce preterm labor and tor of the Regulatory Management Division, 2012; to the Committee on Banking, Housing, delivery and the risk of pregnancy-related Environmental Protection Agency, transmit- and Urban Affairs. deaths and complications due to pregnancy, ting, pursuant to law, the report of a rule en- EC–8596. A communication from the Direc- and to reduce infant mortality caused by titled ‘‘Extension of Tolerances for Emer- tor, Office of Sustainable Fisheries, Depart- prematurity. gency Exemptions (Multiple Chemicals)’’ ment of Commerce, transmitting, pursuant

VerDate Mar 15 2010 07:00 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.008 S19DEPT1 jbell on DSK7SPTVN1PROD with S8202 CONGRESSIONAL RECORD — SENATE December 19, 2012 to law, the report of a rule entitled ‘‘Ground- EC–8605. A communication from the Direc- tions Consistency Update for California’’ fish Fisheries of the Exclusive Economic tor of the Regulatory Management Division, (FRL No. 9750–6) received in the Office of the Zone Off Alaska and Pacific Halibut Fish- Environmental Protection Agency, transmit- President of the Senate on December 12, 2012; eries; Observer Program’’ (RIN0648–BB42) re- ting, pursuant to law, the report of a rule en- to the Committee on Environment and Pub- ceived in the Office of the President of the titled ‘‘Supplemental Determination for Re- lic Works. Senate on December 12, 2012; to the Com- newable Fuels Produced Under the Final EC–8613. A communication from the Direc- mittee on Commerce, Science, and Transpor- RFS2 Program From Grain Sorghum’’ (FRL tor of the Regulatory Management Division, tation. No. 9760–2) received in the Office of the Presi- Environmental Protection Agency, transmit- EC–8597. A communication from the Direc- dent of the Senate on December 12, 2012; to ting, pursuant to law, the report of a rule en- tor, Office of Sustainable Fisheries, Depart- the Committee on Environment and Public titled ‘‘Approval of Air Quality Implementa- ment of Commerce, transmitting, pursuant Works. tion Plans; California; Eastern Kern, Impe- to law, the report of a rule entitled ‘‘Fish- EC–8606. A communication from the Direc- rial, Placer, and Yolo-Solano; Prevention of eries of the Caribbean, Gulf of Mexico, and tor of the Regulatory Management Division, Significant Deterioration’’ (FRL No. 9739–5) South Atlantic; Reef Fish Fishery of the Environmental Protection Agency, transmit- received in the Office of the President of the Gulf of Mexico; Gray Triggerfish Manage- ting, pursuant to law, the report of a rule en- Senate on December 12, 2012; to the Com- ment Measures’’ (RIN0648–BB90) received in titled ‘‘Approval and Promulgation of Air mittee on Environment and Public Works. the Office of the President of the Senate on Quality Implementation Plans; Indiana; EC–8614. A communication from the Direc- December 12, 2012; to the Committee on Com- South Bend/Elkhart, Indiana Ozone Mainte- tor of the Regulatory Management Division, merce, Science, and Transportation. nance Plan Revision to Approved Motor Ve- Environmental Protection Agency, transmit- EC–8598. A communication from the Acting hicle Emissions Budgets’’ (FRL No. 9761–1) ting, pursuant to law, the report of a rule en- Deputy Director, Office of Sustainable Fish- received in the Office of the President of the titled ‘‘Approval and Promulgation of State eries, Department of Commerce, transmit- Senate on December 12, 2012; to the Com- Implementation Plans; State of Washington; ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. Regional Haze State Implementation Plan’’ titled ‘‘Fisheries of the Northeastern United EC–8607. A communication from the Direc- (FRL No. 9722–9) received in the Office of the States; Black Sea Bass Fishery; Recreational tor of the Regulatory Management Division, President of the Senate on December 12, 2012; Quota Harvested’’ (RIN0648–XC303) received Environmental Protection Agency, transmit- to the Committee on Environment and Pub- in the Office of the President of the Senate ting, pursuant to law, the report of a rule en- lic Works. on December 12, 2012; to the Committee on titled ‘‘Approval and Promulgation of Air EC–8615. A communication from the Direc- Commerce, Science, and Transportation. Quality Implementation Plans; Virginia; tor of the Regulatory Management Division, EC–8599. A communication from the Acting Fredericksburg 8-Hour Ozone Maintenance Environmental Protection Agency, transmit- General Counsel, Federal Energy Regulatory Area Revision to Approved Motor Vehicle ting, pursuant to law, the report of a rule en- Commission, transmitting, pursuant to law, Emissions Budgets’’ (FRL No. 9760–9) re- titled ‘‘Revisions to the California State Im- the report of a rule entitled ‘‘Revisions to ceived in the Office of the President of the plementation Plan, South Coast Air Quality Electric Quarterly Report Filing Process’’ Senate on December 12, 2012; to the Com- Management District’’ (FRL No. 9736–6) re- (RIN1902–AD52) received in the Office of the mittee on Environment and Public Works. ceived in the Office of the President of the President of the Senate on December 11, 2012; EC–8608. A communication from the Direc- Senate on December 12, 2012; to the Com- to the Committee on Energy and Natural Re- tor of the Regulatory Management Division, mittee on Environment and Public Works. sources. Environmental Protection Agency, transmit- EC–8616. A communication from the Direc- EC–8600. A communication from the Acting ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Administrator, Saint Lawrence Seaway De- titled ‘‘Approval of Air Quality Implementa- Environmental Protection Agency, transmit- velopment Corporation, Department of tion Plans; California; San Joaquin Valley; ting, pursuant to law, the report of a rule en- Transportation, transmitting, pursuant to Attainment Plan for the 1997 8-Hour Ozone titled ‘‘Approval, Disapproval and Promulga- law, the Corporation’s annual financial audit Standards; Technical Amendments’’ (FRL tion of State Implementation Plans; State of and management report for the fiscal year No. 9762–4) received in the Office of the Presi- Utah; Regional Haze Rule Requirements for ending September 30, 2012; to the Committee dent of the Senate on December 12, 2012; to Mandatory Class I Areas under 40 CFR on Environment and Public Works. the Committee on Environment and Public 51.309’’ (FRL No. 9751–6) received in the Of- EC–8601. A communication from the Chair- Works. fice of the President of the Senate on Decem- man, Nuclear Regulatory Commission, trans- EC–8609. A communication from the Direc- ber 12, 2012; to the Committee on Environ- mitting, pursuant to law, a semiannual re- tor of the Regulatory Management Division, ment and Public Works. port relative to the status of the Commis- Environmental Protection Agency, transmit- EC–8617. A communication from the Direc- sion’s licensing and regulatory duties; to the ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Committee on Environment and Public titled ‘‘Approval and Promulgation of Air Environmental Protection Agency, transmit- Works. Quality Implementation Plans; Pennsyl- ting, pursuant to law, the report of a rule en- EC–8602. A communication from the Direc- vania; The 2002 Base Year Emissions Inven- titled ‘‘Approval and Promulgation of Air tor of the Regulatory Management Division, tory for the Pittsburgh-Beaver Valley Non- Quality Implementation Plans; New York, Environmental Protection Agency, transmit- attainment Area for 1997 Fine Particulate New Jersey, and Connecticut; Determination ting, pursuant to law, the report of a rule en- Matter National Ambient Air Quality Stand- of Attainment of the 2006 Fine Particle titled ‘‘Approval of Air Quality Implementa- ard’’ (FRL No. 9760–8) received in the Office Standard’’ (FRL No. 9763–6) received in the tion Plans; California; South Coast Air Qual- of the President of the Senate on December Office of the President of the Senate on De- ity Management District; Prevention of Sig- 12, 2012; to the Committee on Environment cember 18, 2012; to the Committee on Envi- nificant Deterioration; Greenhouse Gases’’ and Public Works. ronment and Public Works. (FRL No. 9749–6) received in the Office of the EC–8610. A communication from the Direc- EC–8618. A communication from the Direc- President of the Senate on December 12, 2012; tor of the Regulatory Management Division, tor of the Regulatory Management Division, to the Committee on Environment and Pub- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- lic Works. ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- EC–8603. A communication from the Direc- titled ‘‘Revisions to the California State Im- titled ‘‘Significant New Use Rules on Certain tor of the Regulatory Management Division, plementation Plan, Monterey Bay Unified Chemical Substances’’ (FRL No. 9372–8) re- Environmental Protection Agency, transmit- Air Pollution Control District’’ (FRL No. ceived in the Office of the President of the ting, pursuant to law, the report of a rule en- 9750–4) received in the Office of the President Senate on December 18, 2012; to the Com- titled ‘‘Approval and Promulgation of State of the Senate on December 12, 2012; to the mittee on Environment and Public Works. Implementation Plans; State of Wyoming; Committee on Environment and Public EC–8619. A communication from the Direc- Regional Haze Rule Requirements for Man- Works. tor of the Regulatory Management Division, datory Class I Areas under 40 CFR 51.309’’ EC–8611. A communication from the Direc- Environmental Protection Agency, transmit- (FRL No. 9756–9) received in the Office of the tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- President of the Senate on December 12, 2012; Environmental Protection Agency, transmit- titled ‘‘Significant New Use Rule on Certain to the Committee on Environment and Pub- ting, pursuant to law, the report of a rule en- Chemical Substances; Withdrawal of Signifi- lic Works. titled ‘‘Revisions to Stormwater Regulations cant New Use Rules’’ (FRL No. 9373–8) re- EC–8604. A communication from the Direc- to Clarify that an NPDES Permit is not Re- ceived in the Office of the President of the tor of the Regulatory Management Division, quired for Stormwater Discharges from Log- Senate on December 18, 2012; to the Com- Environmental Protection Agency, transmit- ging Roads’’ (FRL No. 9758–9) received in the mittee on Environment and Public Works. ting, pursuant to law, the report of a rule en- Office of the President of the Senate on De- EC–8620. A communication from the Direc- titled ‘‘Protection of Stratospheric Ozone; cember 12, 2012; to the Committee on Envi- tor of the Regulatory Management Division, Listing of Substitutes for Ozone Depleting ronment and Public Works. Environmental Protection Agency, transmit- Substances—Fire Suppression and Explosion EC–8612. A communication from the Direc- ting, pursuant to law, the report of a rule en- Protection’’ (FRL No. 9757–5) received in the tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of Air Office of the President of the Senate on De- Environmental Protection Agency, transmit- Quality Implementation Plans; Illinois; In- cember 12, 2012; to the Committee on Envi- ting, pursuant to law, the report of a rule en- frastructure SIP Requirements for the 2006 ronment and Public Works. titled ‘‘Outer Continental Shelf Air Regula- PM2.5 NAAQS; Revisions to FIPs To Reduce

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.012 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8203 Interstate Transport of PM2.5 and Ozone; By Mr. TOOMEY: By Mr. WARNER (for himself, Mr. Correction’’ (FRL No. 9763–3) received in the S. 3690. A bill to require the Government WEBB, and Mr. MCCAIN): Office of the President of the Senate on De- Accountability Office to include in its an- S. Con. Res. 65. A concurrent resolution cember 18, 2012; to the Committee on Envi- nual report to Congress a list of the most congratulating the Navy and the current and ronment and Public Works. common grounds for sustaining protests re- former officers and crew of the U.S.S. Enter- EC–8621. A communication from the Direc- lating to bids for contracts; to the Com- prise (CVN 65) on completion of the 25th and tor of the Regulatory Management Division, mittee on Homeland Security and Govern- final deployment of the vessel; to the Com- Environmental Protection Agency, transmit- mental Affairs. mittee on Armed Services. ting, pursuant to law, the report of a rule en- By Mr. KERRY (for himself, Mrs. f titled ‘‘Approval and Promulgation of Air GILLIBRAND, and Mr. LAUTENBERG): Quality Implementation Plans; Virginia; S. 3691. A bill to minimize the economic ADDITIONAL COSPONSORS Permits for Major Stationary Sources and and social costs resulting from losses of life, S. 32 Major Modifications Locating in Prevention property, well-being, business activity, and of Significant Deterioration Areas and Per- economic growth associated with extreme At the request of Mr. LAUTENBERG, mits for Major Stationary Sources Locating weather events by ensuring that the United the name of the Senator from Mary- in Nonattainment Areas or the Ozone Trans- States is more resilient to the impacts of ex- land (Ms. MIKULSKI) was added as a co- port Region’’ (FRL No. 9763–4) received in treme weather events in the short- and long- sponsor of S. 32, a bill to prohibit the the Office of the President of the Senate on term, and for other purposes; to the Com- transfer or possession of large capacity December 18, 2012; to the Committee on En- mittee on Commerce, Science, and Transpor- ammunition feeding devices, and for vironment and Public Works. tation. other purposes. EC–8622. A communication from the Assist- By Mrs. BOXER: S. 35 ant Secretary, Bureau of Political-Military S. 3692. A bill to amend title 32, United Affairs, Department of State, transmitting, States Code, to authorize National Guard At the request of Mr. LAUTENBERG, pursuant to law, an addendum to a certifi- support for State and local efforts to keep the name of the Senator from Mary- cation, transmittal number: DDTC 12–143, of schools safe from violence, and for other pur- land (Ms. MIKULSKI) was added as a co- the proposed sale or export of defense arti- poses; to the Committee on Armed Services. sponsor of S. 35, a bill to establish cles and/or defense services to a Middle East By Mrs. BOXER: background check procedures for gun country regarding any possible affects such a S. 3693. A bill to enhance the safety of shows. sale might have relating to Israel’s Quali- America’s schools; to the Committee on the tative Military Edge over military threats to Judiciary. S. 998 Israel; to the Committee on Foreign Rela- By Mr. MENENDEZ: At the request of Mr. AKAKA, the tions. S. 3694. A bill to amend the Robert T. Staf- name of the Senator from Pennsyl- f ford Disaster Relief and Emergency Assist- vania (Mr. CASEY) was added as a co- ance Act to enhance existing programs pro- sponsor of S. 998, a bill to amend title REPORTS OF COMMITTEES viding mitigation assistance by encouraging IV of the Employee Retirement Income The following reports of committees States to adopt and actively enforce State Security Act of 1974 to require the Pen- were submitted: building codes, and for other purposes; to the Committee on Homeland Security and Gov- sion Benefit Guaranty Corporation, in By Mr. KOHL, from the Special Committee ernmental Affairs. the case of airline pilots who are re- on Aging: By Mr. LIEBERMAN (for himself, Ms. quired by regulation to retire at age 60, Special Report entitled ‘‘Alzheimer’s Dis- AYOTTE, Mr. ALEXANDER, Mr. BLUNT, to compute the actuarial value of ease and Dementia: A Comparison of Inter- Mr. MORAN, Mr. PAUL, and Mr. monthly benefits in the form of a life national Approaches’’ (Rept. No. 112–254). RUBIO): annuity commencing at age 60. By Mr. ROCKEFELLER, from the Com- S. 3695. A bill to amend section 5000A of the S. 1709 mittee on Commerce, Science, and Transpor- Internal Revenue Code of 1986 to provide an tation: additional religious exemption from the indi- At the request of Mr. CASEY, the Report to accompany S. 1980, a bill to pre- vidual health coverage mandate; to the Com- name of the Senator from New York vent, deter, and eliminate illegal, unre- mittee on Finance. (Mrs. GILLIBRAND) was added as a co- ported, and unregulated fishing through port By Mr. LIEBERMAN (for himself, Mr. State measures (Rept. No. 112–255). sponsor of S. 1709, a bill to temporarily DURBIN, Mrs. MURRAY, and Mrs. Report to accompany S. 2388, a bill to reau- reduce interest rates for certain small BOXER): thorize and amend the National Oceanic and business disaster loans, and for other S. 3696. A bill to provide for the admission Atmospheric Administration Commissioned purposes. of the State of New Columbia into the Union; Officer Corps Act of 2002, and for other pur- to the Committee on Homeland Security and S. 2134 poses (Rept. No. 112–256). Governmental Affairs. At the request of Mr. BLUMENTHAL, By Mr. LIEBERMAN, from the Committee By Mr. WHITEHOUSE (for himself, Mr. on Homeland Security and Governmental Af- the name of the Senator from New Jer- KERRY, Mr. LAUTENBERG, Mr. LEAHY, fairs, with an amendment in the nature of a sey (Mr. LAUTENBERG) was added as a and Mr. MERKLEY): substitute: cosponsor of S. 2134, a bill to amend S. 3697. A bill to amend the Toxic Sub- S. 1910. A bill to provide benefits to domes- title 10, United States Code, to provide stances Control Act relating to certain mer- tic partners of Federal employees (Rept. No. cury compounds, products, and processes; to for certain requirements relating to 112–257). the Committee on Environment and Public the retirement, adoption, care and rec- S. 241. A bill to expand whistleblower pro- Works. ognition of military working dogs, and tections to non-Federal employees whose By Ms. COLLINS (for herself, Mr. for other purposes. disclosures involve misuse of Federal funds. LEAHY, Mr. AKAKA, and Mr. BROWN of By Mr. LIEBERMAN, from the Committee S. 3280 Massachusetts): on Homeland Security and Governmental Af- At the request of Mr. JOHANNS, the S. 3698. A bill to amend title 40, United fairs, with an amendment: States Code, to improve veterans service or- name of the Senator from Kentucky S. 1100. A bill to amend title 41, United ganizations access to Federal surplus per- (Mr. PAUL) was added as a cosponsor of States Code, to prohibit inserting politics sonal property; considered and passed. S. 3280, a bill to preserve the compan- into the Federal acquisition process by pro- ionship services exemption for min- hibiting the submission of political contribu- f tion information as a condition of receiving imum wage and overtime pay under the a Federal contract. SUBMISSION OF CONCURRENT AND Fair Labor Standards Act of 1938. By Mr. LIEBERMAN, from the Committee SENATE RESOLUTIONS S. 3518 on Homeland Security and Governmental Af- The following concurrent resolutions At the request of Mr. WYDEN, the fairs, with amendments: and Senate resolutions were read, and name of the Senator from Rhode Island S. 2234. A bill to prevent human trafficking in government contracting. referred (or acted upon), as indicated: (Mr. WHITEHOUSE) was added as a co- By Ms. LANDRIEU (for herself and Mr. sponsor of S. 3518, a bill to make it a f VITTER): principal negotiating objective of the INTRODUCTION OF BILLS AND S. Res. 625. A resolution recognizing the United States in trade negotiations to JOINT RESOLUTIONS January 12, 2013, opening of the United eliminate government fisheries sub- States Freedom Pavilion: The Boeing Center sidies, and for other purposes. The following bills and joint resolu- at the National World War II Museum in New tions were introduced, read the first Orleans, Louisiana, and supporting plans for S. 3623 and second times by unanimous con- other educational pavilions and initiatives; At the request of Mr. REED, the name sent, and referred as indicated: considered and agreed to. of the Senator from West Virginia (Mr.

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.014 S19DEPT1 jbell on DSK7SPTVN1PROD with S8204 CONGRESSIONAL RECORD — SENATE December 19, 2012 MANCHIN) was added as a cosponsor of AMENDMENT NO. 3367 By building stronger communities, S. 3623, a bill to extend the authoriza- At the request of Mr. MERKLEY, the we can reduce the serious economic tions of appropriations for certain na- names of the Senator from Minnesota and human costs of extreme weather tional heritage areas, and for other (Mr. FRANKEN), the Senator from South over the short and long term. For purposes. Dakota (Mr. JOHNSON) and the Senator every $1 spent now on disaster pre- S. 3635 from New Mexico (Mr. UDALL) were paredness and resilience-building, we At the request of Mr. COONS, the added as cosponsors of amendment No. could avoid at least $4 in future losses. name of the Senator from Connecticut 3367 proposed to H.R. 1, a bill making We need to make our Nation stronger (Mr. BLUMENTHAL) was added as a co- appropriations for the Department of and more resilient against extreme sponsor of S. 3635, a bill to provide in- Defense and the other departments and weather or face an increasingly more centives for States to invest in prac- agencies of the Government for the fis- expensive and deadly future. tices and technology that are designed cal year ending September 30, 2011, and The STRONG Act of 2012 will use ex- to expedite voting at the polls and to for other purposes. isting Federal resources to help reduce simplify voter registration. AMENDMENT NO. 3381 future losses of life, property, and well- being. It will also help limit declines in S. CON. RES. 62 At the request of Mr. CONRAD, the regional economic growth due to disas- At the request of Mr. BLUMENTHAL, name of the Senator from North Da- the name of the Senator from Nevada kota (Mr. HOEVEN) was added as a co- ters. Specifically, it directs the Federal Government to create a more com- (Mr. HELLER) was added as a cosponsor sponsor of amendment No. 3381 in- prehensive approach to planning for of S. Con. Res. 62, a concurrent resolu- tended to be proposed to H.R. 1, a bill and supporting resiliency efforts due to tion expressing the sense of the Con- making appropriations for the Depart- extreme weather. The bill directs the gress that our current tax incentives ment of Defense and the other depart- White House Office of Science and for retirement savings provide impor- ments and agencies of the Government Technology Policy to chair a high-level tant benefits to Americans to help plan for the fiscal year ending September 30, interagency working group to assess for a financially secure retirement. 2011, and for other purposes. Federal agencies’ activities related to f S. RES. 613 extreme weather resilience across key At the request of Mr. LIEBERMAN, the STATEMENTS ON INTRODUCED sectors, such as agriculture, water names of the Senator from Alabama BILLS AND JOINT RESOLUTIONS management, infrastructure, public (Mr. SESSIONS), the Senator from Ne- By Mr. KERRY (for himself, Mrs. health, and national security. It devel- vada (Mr. HELLER), the Senator from GILLIBRAND and Mr. LAUTEN- ops a plan to better support State, Michigan (Mr. LEVIN), the Senator BERG): local, and private and public sector re- from Rhode Island (Mr. REED) and the S. 3691. A bill to minimize the eco- siliency efforts in the short and long- Senator from Alaska (Ms. MURKOWSKI) nomic and social costs resulting from term, including establishing a public were added as cosponsors of S. Res. 613, losses of life, property, well-being, clearinghouse of information. The bill a resolution urging the governments of business activity, and economic growth emphasizes State, local, and private Europe and the European Union to des- associated with extreme weather sector involvement; a Federal advisory ignate Hizballah as a terrorist organi- events by ensuring that the United group composed of private and public zation and impose sanctions, and urg- States is more resilient to the impacts representatives will play a key consult- ing the President to provide informa- of extreme weather events in the short- ative role throughout the process, as tion about Hizballah to the European and long-term, and for other purposes; will an advisory group composed of allies of the United States and to sup- to the Committee on Commerce, State, local, and tribal representatives. port to the Government of Bulgaria in Science, and Transportation. It also complements and builds upon investigating the July 18, 2012, ter- Mr. KERRY. Mr. President, today I recent activities by my colleagues and rorist attack in Burgas. am introducing the STRONG Act of the White House in the Federal re- At the request of Mr. GRASSLEY, his 2012, or the Strengthening The Resil- sponse to the devastation of Hurricane name was added as a cosponsor of S. ience of Our National on the Ground Sandy. Res. 613, supra. Act. This legislation will build upon I believe that by better under- S. RES. 618 existing extreme weather resiliency ef- standing and planning, we can reduce At the request of Mr. LEVIN, the forts to provide State and local actors the serious economic and human costs names of the Senator from Indiana with the tools and information they of extreme weather on our commu- (Mr. LUGAR), the Senator from Arizona need to help prepare, plan for, and nities. The events of 2012 and years (Mr. MCCAIN) and the Senator from more quickly recover from extreme past have clearly demonstrated the Iowa (Mr. GRASSLEY) were added as co- weather events. Hurricane Sandy has need for better and more efficient gov- sponsors of S. Res. 618, a resolution ob- shown us that extreme weather re- ernance before disaster strikes again. A number of organizations are sup- serving the 100th birthday of civil mains a major challenge for our Na- portive of this bill, including the U.S. rights icon Rosa Parks and commemo- tion. rating her legacy. Recently, extreme weather events Conference of Mayors, the National As- sociation of Counties, the National AMENDMENT NO. 3344 have battered the nation, resulting in Emergency Management Association, At the request of Mr. BINGAMAN, the record-high losses for 2011 and more the National Weather Association, and name of the Senator from Hawaii (Mr. broken records in 2012. In the past 30 the American Planning Association. AKAKA) was added as a cosponsor of years, there have been more than 130 I am pleased that Senators GILLI- amendment No. 3344 proposed to H.R. 1, extreme weather events in the United BRAND and LAUTENBERG are original co- a bill making appropriations for the States that generated at least $1 bil- sponsors of this legislation. I look for- Department of Defense and the other lion in devastating damages. Most re- ward to building upon a strong founda- departments and agencies of the Gov- cently, Hurricane Sandy resulted in tion and improving our extreme weath- ernment for the fiscal year ending Sep- more than 100 deaths, the evacuation of er resiliency efforts. It is our responsi- tember 30, 2011, and for other purposes. hundreds of thousands of people, power bility to protect our citizens and help AMENDMENT NO. 3349 outages affecting more than 8.5 million minimize future loss and damage. I ask At the request of Mr. WHITEHOUSE, homes, massive flooding, gasoline all Senators to support this legislation. the name of the Senator from Rhode Is- shortages, and a crippled regional en- land (Mr. REED) was added as a cospon- ergy and transportation infrastructure. By Mr. LIEBERMAN (for himself, sor of amendment No. 3349 intended to Extreme weather ravaged every region Mr. DURBIN, Mrs. MURRAY, and be proposed to H.R. 1, a bill making ap- of the United States this year, with Mrs. BOXER): propriations for the Department of De- drought conditions in more than 60 per- S. 3696. A bill to provide for the ad- fense and the other departments and cent of the contiguous United States; mission of the State of New Columbia agencies of the Government for the fis- deadly floods; destructive wildfires on into the Union; to the Committee on cal year ending September 30, 2011, and more than nine million acres across 37 Homeland Security and Governmental for other purposes. States; and deadly heat waves. Affairs.

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.017 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8205 Mr. LIEBERMAN. Mr. President, I When John Adams moved into the sional control and protected by Federal rise to introduce the New Columbia Ad- White House in 1800, Washington, D.C. authorities. missions Act that will create a 51st had a population of just 3,210 people— The voters of this new state will have State from the populated portions of in a Nation of roughly 5 million. Even the same rights we give voters in every Washington, D.C., giving these more then the founders were concerned other State, including those seven than 600,000 disenfranchised Americans about voting rights for residents of the small states with populations under 1 the voice they deserve in our national new capital. In the early days before million. If the idea seems strange, re- government. The United States is the the capital was fully established, its member that many also once could not only democracy in the world that de- residents were allowed to vote in Mary- imagine full voting rights for women or nies voting representation to the peo- land or Virginia. There were proposals racial minorities. It is the nature of ple who live in its capital city. It is to guarantee their suffrage going for- civil rights that the disenfranchised long past time to end this unjust and ward but unfortunately they did not must fight to gain acceptance of rights embarrassing distinction. get enacted amid the press to establish that, in retrospect, seem morally com- I am not the only Senator who feels the new government. Certainly, pelled and beyond question. We must this way—Senators DURBIN, BOXER, and though, it would have been unimagi- right this injustice toward the resi- MURRAY join me in cosponsoring this nable to the founders that a population dents of the District just as Congress bill today. My friend Senator Inouye of more than half a million in our cap- historically has righted other voting had planned to cosponsor this bill as he ital city should be disenfranchised in injustices that stretched back to the was a strong supporter of the District’s the national legislature. very founding of the Nation. right to have congressional representa- Yet that is the current reality. Now I will soon leave Congress after hav- tion. we are a Nation of more than 300 mil- ing had the great privilege of serving Under this bill, there would still be lion and Washington, D.C. is a thriving here for 24 years. Securing full voting Federal district called Washington, community of 618,000 people. That’s rights for the 600,000 Americans who D.C., which would be under the control more people than Wyoming has and live in the District of Columbia is un- of Congress as the Constitution man- about the same as Vermont and North finished business, not just for me, but dates. But it would be a smaller area Dakota have, which, of course, have for the United States of America. encompassing the White House, the full representation in Congress. f Capitol, the Supreme Court and the Acccording to the U.S. Census, Wash- National Mall, where few people actu- ington, D.C. is growing faster than all SUBMITTED RESOLUTIONS ally live. The rest of the current Dis- 50 States. Demographers expect it will trict of Columbia—diverse business dis- only get bigger in the years to come tricts and residential neighborhoods because much of that growth has been SENATE RESOLUTION 625—RECOG- that are home to more than half a mil- with young people who want to raise NIZING THE JANUARY 12, 2013, lion U.S. citizens—would become a new families in the District. OPENING OF THE UNITED State. The District of Columbia already STATES FREEDOM PAVILION: This is completely in accord with the functions as a state in many respects— THE BOEING CENTER AT THE principles and mandates of the Con- indeed the Federal Government treats NATIONAL WORLD WAR II MU- stitution and our Founding Fathers. it as a State for purposes of most Fed- SEUM IN NEW ORLEANS, LOU- Indeed, I think it is worth remem- eral programs. ISIANA, AND SUPPORTING bering why our Founding Fathers cre- More important, the residents of the PLANS FOR OTHER EDU- ated a Federal district in the first District of Columbia have all the re- CATIONAL PAVILIONS AND INI- place. sponsibilities of U.S. citizenship. They TIATIVES After the Revolutionary War, Phila- delphia, PA, was the capital of the gov- pay more Federal income tax per cap- Ms. LANDRIEU (for herself and Mr. ernment formed by the Articles of Con- ita than residents of any state; D.C. VITTER) submitted the following reso- federation. That Congress met in what residents and businesses send on aver- lution; which was considered and we now know as Independence Hall in age $20 billion to the Federal treasury agreed to: each year. D.C. residents must serve on Philadephia. S. RES. 625 Federal juries and male residents must In 1783, a mob of Revolutionary War Whereas historians Stephen E. Ambrose veterans besieged Independence Hall, register for Selective Service. More and Gordon H. ‘‘Nick’’ Mueller, among oth- demanding promised payments for than 190,000 D.C. residents have served ers, founded the National D-Day Museum on their service during the war. Congress in the military in wartime and about June 6, 2000; asked the governor of Pennsylvania, 1,700 have died for our country in the Whereas section 8134(c) of the Department John Dickinson, to call out the militia wars of the last century alone. All this of Defense Appropriations Act of 2004 (Public to defend the capital, but he sided with occurred while the District’s residents Law 108-87; 117 Stat. 1105) designated the Na- were denied voting representation in tional D-Day Museum as ‘‘America’s Na- the veterans and refused. tional World War II Museum’’; Congress had to flee to Princeton, Congress. The current inequity has even been Whereas the National World War II Mu- NJ. seum advances the mission of educating the This failure of a state government to noted by international bodies, includ- public about the experience of the United protect the national government be- ing the United Nations Human Rights States in World War II, covering all branches came a major concern of the Constitu- Commission, as a possible violation of of the Armed Forces and the Merchant Ma- tional Convention in 1787 and it was de- international human rights accords. rine, and documenting and highlighting ac- cided the Constitution must create a It is long past time to give these tivities on both the battlefront and home Federal district that could be con- American citizens who have chosen front; trolled and protected by the new Fed- Washington as their home full partici- Whereas the exhibits and programs of the pation in our democracy. People who National World War II Museum portray why eral government. the War occurred, how the War was won, and But Article One, Section Eight of the live in D.C. are, of course, as American what the War means today, and celebrate the Constitution, which created the Fed- as people who live throughout our spirit of the United States and enduring val- eral district, did not order a particular country—teachers, firefighters, doc- ues displayed during the War; location. It only said only that it may tors, janitors, parents, children, vet- Whereas the National World War II Mu- not exceed ‘‘10 miles square’’—or 100 erans, retirees. Why do their contribu- seum emphasizes the diverse nature of the square miles. tions to our democracy—financial and war effort of the United States, reflecting The Residence Act of 1790 gave Presi- otherwise—merit rights and represen- the contributions of women, African-Ameri- dent Washington authority to pick the tation any less than those of their fel- cans, Japanese-Americans, Hispanic Ameri- final site of the capital, and the site of cans, Native Americans, and other groups low citizens in the 50 states? that have been neglected in many accounts the current Washington D.C. was cho- In sum, nothing in the Constitution of World War II; sen as a result of a compromise be- prevents Congress from ceding this ter- Whereas the 12,000 landing craft designed tween Thomas Jefferson and Alexander ritory to a new State. There will still and built by Higgins Industries in New Orle- Hamilton. be a Federal district under Congres- ans made amphibious invasions possible and

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.027 S19DEPT1 jbell on DSK7SPTVN1PROD with S8206 CONGRESSIONAL RECORD — SENATE December 19, 2012 carried United States soldiers ashore in with more than 7,000 videotaped, oral, and folk, Virginia, after completing the 25th and every theatre and campaign during the War; written accounts in the collection, and plans final deployment of the vessel; Whereas President Dwight D. Eisenhower, to digitize the collection to vastly improve Whereas the U.S.S. Enterprise, the first the former Supreme Commander of the Al- public access; nuclear powered aircraft carrier to serve the lied Expeditionary Forces in Europe, cred- Whereas the National World War II Mu- United States, is scheduled for inactivation ited Andrew Jackson Higgins, the chief exec- seum is an official affiliate of the Smithso- in December 2012 after more than 51 years in utive officer of Higgins Industries, as the nian Institution, with a formal agreement to active service to the Navy and the Nation; ‘‘man who won the war for us,’’ in a 1960s borrow Smithsonian artifacts for exhibits; Whereas the U.S.S. Enterprise is the 8th conversation with the preeminent historian Whereas the National World War II Mu- vessel to bear that name and justly and Stephen E. Ambrose, leading Ambrose to ini- seum collaborates with other museums and rightfully maintained the honor and tradi- tiate plans for the National World War II memorials in the United States and around tion of those vessels that previously bore the Museum; the world; name; Whereas the National D-Day Museum, now Whereas the National World War II Mu- Whereas the U.S.S. Enterprise participated known as the ‘‘National World War II Mu- seum has added major facilities in recent in the embargo of the island of Cuba ordered seum’’, has made great strides in the devel- years through donor support, including the by President John Kennedy in the fall of opment of the facilities, exhibits, and pro- Solomon Victory Theater complex, which 1962, helping to prevent an escalation of that grams at the Museum; features a 4-D theater, the Stage Door Can- crisis; Whereas the National World War II Mu- teen, a United Service Organization-styled Whereas the U.S.S. Enterprise conducted seum, since the grand opening on June 6, entertainment venue, and the Kushner Res- multiple deployments in support of combat 2000, which was the 56th anniversary of the toration Pavilion, home to a major patrol operations during the Vietnam War; D-Day invasion of Normandy, France, has at- torpedo boat restoration project; Whereas the U.S.S. Enterprise, upon re- tracted more than 3,000,000 visitors from Whereas the National World War II Mu- ceiving the news of the September 11, 2001, across the United States and around the seum will open the United States Freedom attacks on the United States while returning world, and has reached millions more Pavilion: The Boeing Center in January 2013; home from a six-month deployment, imme- through Internet-based and other distance Whereas the Pavilion will feature aircraft diately reversed course and was deployed in learning programs; such as the B-17 bomber and the P-51 fighter, the Arabian Sea; Whereas World War II veterans and home the latter flown by the Tuskegee Airmen, Whereas the U.S.S. Enterprise launched front supporters, recognized as the ‘‘greatest and a submarine experience and exhibits hundreds of air strikes into Afghanistan in generation’’ because of the sacrifices of the honoring Medal of Honor recipients, govern- support of Operation Enduring Freedom veterans and home front supporters at a piv- ment leaders who served in World War II, throughout October 2001 to destroy Taliban otal time in United States history, are pass- and industries that became known as the and al Qaeda targets; ing away at a rapid rate, creating an urgent ‘‘Arsenal of Democracy’’; and Whereas the U.S.S. Enterprise deployed six need to preserve the stories, and to pay trib- Whereas other major pavilions and inter- times over the last 11 years to conduct com- ute to the service of the veterans and home active exhibits are planned or under develop- bat operations in support of Operation Iraqi front supporters; ment as the Museum anticipates the comple- Freedom and Operation Enduring Freedom; Whereas Congress recognizes the need to and tion of the campus by 2016, including the preserve forever the knowledge and history Whereas the U.S.S. Enterprise and the 10 Campaigns of Courage: European and Pacific of the most decisive achievement of the Nimitz-class aircraft carriers of the Navy Theaters Pavilion, the Liberation Pavilion, United States during the 20th century and to have proven the wisdom and value of nuclear and a Union Station train experience in the portray that history to citizens, scholars, powered aircraft carriers, which have played original Louisiana Memorial Pavilion: Now, visitors, and school children for generations crucial roles across the range of military op- therefore, be it to come; erations, from humanitarian assistance to Resolved, That the Senate— Whereas Congress appropriated funds in combat operations, including operations in (1) recognizes and applauds the planned 1992 to authorize the design and construction Iraq and Afghanistan since the beginnings of January 12, 2013, opening of the United of the National D-Day Museum to commemo- hostilities, providing, from the sea, unparal- rate the epic 1944 Normandy invasion, and States Freedom Pavilion: The Boeing Cen- leled precision strike, close air support, and appropriated additional funds in 1998, 2000, ter, an iconic pavilion funded in part by the surveillance in support of ground combat op- 2001, 2002, 2003, and 2009 to help expand the Federal Government and a major feature of erations: Now, therefore, be it Museum to cover the entire experience of the the institution designated by section 8134(c) Resolved by the Senate (the House of Rep- United States in World War II, and the trans- of the Department of Defense Appropriations resentatives concurring), That Congress— formational impact on the United States and Act of 2004 (Public Law 108-87; 117 Stat. 1105) (1) congratulates the Navy and the many the world; as ‘‘America’s National World War II Mu- crews of the U.S.S. Enterprise (CVN 65) on Whereas the World War II Memorial on the seum’’; having provided the United States an incal- National Mall in Washington, DC, will al- (2) recognizes the generous assistance from culable service in international relations and ways be the symbolic memorial where people private individuals, corporations, founda- engagement and in the prevention and win- come to remember the sacrifices made dur- tions, the Federal Government, the State of ning of armed conflicts over the 51-year pe- ing World War II; Louisiana, and other public entities com- riod of the service of the U.S.S. Enterprise; Whereas the National World War II Mu- mitted to offering a lasting tribute to the (2) honors the service and memory of the seum in New Orleans will always be the edu- achievements of the United States in World 121 Sailors who made the ultimate sacrifice cational institution where people come to War II; and for their country while serving onboard learn about the monumental struggle by the (3) expresses support for the mission of the U.S.S. Enterprise, including the 30 that were United States against would-be oppressors, National World War II Museum as vital to killed in action during the Vietnam War; so that future generations can understand the preservation of democratic values, to the (3) honors the service of the 20 U.S.S. En- the role the United States played in the pres- understanding of United States history and terprise Sailors who were held as Prisoners ervation and advancement of freedom in the founding principles, and to the education of of War during the Vietnam War, the 3 who middle of the 20th century; future generations about the relevance of the died in captivity, and the 5 that are still list- Whereas the State of Louisiana and thou- War experience to the past and future great- ed as missing-in-action; and sands of donors, including foundations, com- ness of the United States. (4) congratulates the nearly 100,000 current panies, and Museum members in every State, f and former Sailors who have served on the have contributed millions of dollars and U.S.S. Enterprise and thanks them for the other support to help build and advance the SENATE CONCURRENT RESOLU- selfless sacrifice they made in service to the National World War II Museum, and hun- TION 65—CONGRATULATING THE United States. dreds of volunteers, many from the World NAVY AND THE CURRENT AND f War II era, have provided invaluable assist- FORMER OFFICERS AND CREW ance to the Museum; OF THE U.S.S. ENTERPRISE (CVN AMENDMENTS SUBMITTED AND Whereas the Board of Trustees of the Na- 65) ON COMPLETION OF THE 25TH PROPOSED tional World War II Museum, national in AND FINAL DEPLOYMENT OF SA 3382. Mr. COBURN submitted an scope, and the Presidential Counselors advi- THE VESSEL amendment intended to be proposed by him sory group, featuring leading historians and to the bill H.R. 1, making appropriations for museum professionals, provide effective Mr. WARNER (for himself, Mr. WEBB, the Department of Defense and the other de- guidance and oversight for the National and Mr. MCCAIN) submitted the fol- partments and agencies of the Government World War II Museum; lowing concurrent resolution; which for the fiscal year ending September 30, 2011, Whereas the National World War II Mu- was referred to the Committee on and for other purposes; which was ordered to seum continues to add to and maintain 1 of Armed Services: lie on the table. the largest personal history collections in SA 3383. Mr. COBURN submitted an the United States, representing the experi- S. CON. RES. 65 amendment intended to be proposed by him ences of the men and women who fought in Whereas on November 4, 2012, the U.S.S. to the bill H.R. 1, supra; which was ordered World War II and served on the home front, Enterprise returned to her homeport of Nor- to lie on the table.

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.021 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8207 SA 3384. Mr. MCCAIN (for himself and Mr. SA 3406. Mr. MERKLEY (for Mr. KOHL (for Government for the fiscal year ending COBURN) submitted an amendment intended himself and Mr. LEE)) proposed an amend- September 30, 2011, and for other pur- to be proposed by him to the bill H.R. 1, ment to the bill H.R. 6029, to amend title 18, poses; which was ordered to lie on the supra; which was ordered to lie on the table. United States Code, to provide for increased table; as follows: SA 3385. Mr. COBURN submitted an penalties for foreign and economic espio- amendment intended to be proposed by him nage, and for other purposes. On page 82, lines 21 and 22, strike ‘‘to re- main available until expended: Provided,’’ to the bill H.R. 1, supra; which was ordered SA 3407. Mr. MERKLEY (for Mrs. MURRAY) and insert ‘‘to remain available until the to lie on the table. proposed an amendment to the bill S. 3202, to earlier of the date on which such funds are SA 3386. Mrs. BOXER submitted an amend- amend title 38, United States Code, to ensure expended or the date that is 2 years after the ment intended to be proposed by her to the that deceased veterans with no known next date of the enactment of this Act: Provided, bill H.R. 1, supra; which was ordered to lie on of kin can receive a dignified burial, and for That any funding provided under this head- the table. other purposes. SA 3387. Mrs. BOXER submitted an amend- ing that remains available for obligation or f ment intended to be proposed by her to the has been obligated but not yet spent as of bill H.R. 1, supra; which was ordered to lie on TEXT OF AMENDMENTS the date that is 2 years after the date of the the table. enactment of this Act shall be rescinded and SA 3388. Mrs. BOXER submitted an amend- SA 3382. Mr. COBURN submitted an returned to the Treasury for deficit reduc- ment intended to be proposed by her to the amendment intended to be proposed by tion: Provided further, That none of the funds bill H.R. 1, supra; which was ordered to lie on him to the bill H.R. 1, making appro- provided under this heading may be distrib- the table. priations for the Department of De- uted until the National Railroad Passenger SA 3389. Mrs. BOXER submitted an amend- Corporation submits a detailed plan to Con- fense and the other departments and gress pertaining to each project or program ment intended to be proposed by her to the agencies of the Government for the fis- bill H.R. 1, supra; which was ordered to lie on that describes how such funds will be ex- cal year ending September 30, 2011, and pended: That none of the the table. Provided further, SA 3390. Mrs. BOXER submitted an amend- for other purposes; which was ordered funds provided under this heading may be ment intended to be proposed by her to the to lie on the table; as follows: used for capital improvements or other ex- bill H.R. 1, supra; which was ordered to lie on After section 1105, insert the following: penses that are not directly associated with Hurricane Sandy or Tropical Storm Sandy: the table. SEC. 1106. (a) PROHIBITION ON USE OF FUNDS Provided further,’’. SA 3391. Mr. COATS (for himself and Mr. FOR FUTURE DISASTER RECOVERY CONTRACTS ALEXANDER) submitted an amendment in- NOT COMPETITIVELY AWARDED.—Amounts ap- SA 3385. Mr. COBURN submitted an tended to be proposed by him to the bill H.R. propriated or otherwise made available by amendment intended to be proposed by 1, supra; which was ordered to lie on the this Act may not be obligated or expended table. for any contract awarded after the date of him to the bill H.R. 1, making appro- SA 3392. Mr. CARDIN (for himself and Mrs. the enactment of this Act in support of dis- priations for the Department of De- BOXER) submitted an amendment intended to aster recovery if such contract was awarded fense and the other departments and be proposed by him to the bill H.R. 1, supra; using other than competitive procedures as agencies of the Government for the fis- which was ordered to lie on the table. otherwise required by chapter 33 of title 41, cal year ending September 30, 2011, and SA 3393. Mr. CARDIN (for himself and Ms. United States Code, section 2304 of title 10, for other purposes; which was ordered LANDRIEU) submitted an amendment in- United States Code, and the Federal Acquisi- to lie on the table; as follows: tended to be proposed by him to the bill H.R. tion Regulation. On page 24, line 21, strike the period and 1, supra; which was ordered to lie on the (b) CURRENT NO-BID CONTRACTS.— insert the following: ‘‘: Provided further, That table. (1) REVIEW OF CONTRACTS.—Not later than the amounts made available under this head- SA 3394. Mr. BAUCUS (for himself and Mr. 60 days after the date of the enactment of ing may not be used to assist a building, a TESTER) submitted an amendment intended this Act, Federal agencies shall conduct a re- to be proposed by him to the bill H.R. 1, mobile home, or any personal property that view of all contracts to support disaster re- is located in an area that has been identified supra; which was ordered to lie on the table. covery that were awarded before the date of SA 3395. Mr. REID proposed an amendment by the Administrator of the Federal Emer- the enactment of this Act using other than gency Management Agency as an area hav- to the bill H.R. 1, supra. competitive procedures in order to deter- SA 3396. Mr. REID proposed an amendment ing special flood hazards and in which the mine the following: to amendment SA 3395 proposed by Mr. REID sale of flood insurance has been made avail- (A) Whether opportunities exist to achieve to the bill H.R. 1, supra. able under the National Flood Insurance Act cost savings under such contracts. SA 3397. Mr. REID proposed an amendment of 1968, unless, on the date on which the dis- (B) Whether the requirements being met by to amendment SA 3396 proposed by Mr. REID aster to which the assistance relates oc- such contracts can be met using a new or ex- to the amendment SA 3395 proposed by Mr. curred, the building, mobile home, or per- isting contract awarded through competitive REID to the bill H.R. 1, supra. sonal property was covered by flood insur- SA 3398. Mr. REID proposed an amendment procedures. ance in an amount at least equal to its devel- to the bill H.R. 1, supra. (2) COMPETITIVE AWARD OF CONTRACTS.—If a opment or project cost (less estimated land SA 3399. Mr. REID proposed an amendment Federal agency determines pursuant to the cost) or to the maximum limit of coverage to amendment SA 3398 proposed by Mr. REID review under paragraph (1) that either sub- made available with respect to the par- to the bill H.R. 1, supra. paragraph of that paragraph applies to a con- ticular type of property under the National SA 3400. Mr. REID proposed an amendment tract awarded using other than competitive Flood Insurance Act of 1968, whichever is to the bill H.R. 1, supra. procedures, the agency shall take appro- less.’’. SA 3401. Mr. REID proposed an amendment priate actions with respect to the contract, to amendment SA 3400 proposed by Mr. REID whether to achieve cost savings under the SA 3386. Mrs. BOXER submitted an to the bill H.R. 1, supra. contract, to use a new or existing contract amendment intended to be proposed by SA 3402. Mr. REID proposed an amendment awarded through competitive procedures to her to the bill H.R. 1, making appro- to amendment SA 3401 proposed by Mr. REID meet applicable requirements, or otherwise priations for the Department of De- to the amendment SA 3400 proposed by Mr. to discontinue of the use of the contract. fense and the other departments and REID to the bill H.R. 1, supra. SA 3403. Mr. LEAHY submitted an amend- SA 3383. Mr. COBURN submitted an agencies of the Government for the fis- ment intended to be proposed by him to the amendment intended to be proposed by cal year ending September 30, 2011, and bill H.R. 1, supra; which was ordered to lie on him to the bill H.R. 1, making appro- for other purposes; which was ordered the table. priations for the Department of De- to lie on the table; as follows: SA 3404. Mr. MERKLEY (for himself, Ms. fense and the other departments and On page 32, strike line 19 and all that fol- STABENOW, Mrs. MCCASKILL, Mr. BAUCUS, Mr. agencies of the Government for the fis- lows through page 33, line 16, and insert the WYDEN, Mr. FRANKEN, Mr. JOHNSON of South following: Dakota, and Mr. UDALL of New Mexico) sub- cal year ending September 30, 2011, and SEC. 605. In administering the funds made mitted an amendment intended to be pro- for other purposes; which was ordered available to address any major disaster de- posed by him to the bill H.R. 1, supra; which to lie on the table; as follows: clared during the period beginning on August was ordered to lie on the table. On page 16, strike lines 17 through 20 and 27, 2011 and ending on December 5, 2012, the SA 3405. Mr. MERKLEY (for Mrs. MURRAY) insert ‘‘Provided’’. Administrator of the Federal Emergency proposed an amendment to the bill H.R. 4057, Management Agency shall establish a pilot to amend title 38, United States Code, to di- SA 3384. Mr. MCCAIN (for himself and program for the relocation of State facilities rect the Secretary of Veterans Affairs to de- under section 406 of the Robert T. Stafford Mr. COBURN) submitted an amendment velop a comprehensive policy to improve Disaster Relief and Emergency Assistance outreach and transparency to veterans and intended to be proposed by him to the Act (42 U.S.C. 5172), under which the Admin- members of the Armed Forces through the bill H.R. 1, making appropriations for istrator may waive, or specify alternative re- provision of information on institutions of the Department of Defense and the quirements for, any regulation the Adminis- higher learning, and for other purposes. other departments and agencies of the trator administers to provide assistance,

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consistent with the National Environmental ‘‘(2) AUTHORITY FOR OTHER EXPEDITED PRO- Provided, That the National Oceanic and At- Policy Act of 1969 (42 U.S.C. 4321 et seq.), for CEDURES.—The President may utilize expe- mospheric Administration shall submit a the permanent relocation of State facilities, dited procedures in addition to those re- spending plan to the Committees on Appro- including administrative office buildings, quired under paragraph (1) for the purpose of priations of the House of Representatives medical facilities, laboratories, and related providing assistance under this section, such and the Senate within 45 days after the date operating infrastructure (including heat, as those under the Prototype Programmatic of enactment of this Act: Provided further, sewage, mechanical, electrical, and plumb- Agreement of the Federal Emergency Man- That such amount is designated by the Con- ing), that were significantly damaged as a agement Agency, for the consideration of gress as being for an emergency requirement result of the major disaster, are subject to multiple structures as a group and for an pursuant to section 251(b)(2)(A)(i) of the Bal- flood risk, and are otherwise eligible for re- analysis of the cost-effectiveness and fulfill- anced Budget and Emergency Deficit Control pair, restoration, reconstruction, or replace- ment of cost-share requirements for proposed Act of 1985. ment under section 406 of that Act, if the Ad- hazard mitigation measures.’’. PROCUREMENT, ACQUISITION AND CONSTRUCTION ministrator determines that such relocation For an additional amount for ‘‘Procure- is practicable, and will be cost effective or SA 3390. Mrs. BOXER submitted an ment, Acquisition and Construction’’, more appropriate than repairing, restoring, amendment intended to be proposed by $9,000,000, to remain available until Sep- reconstructing, or replacing the facility in her to the bill H.R. 1, making appro- tember 30, 2015, to repair National Oceanic its pre-disaster location, and if such reloca- priations for the Department of De- and Atmospheric Administration (NOAA) fa- tion will effectively mitigate the flood risk cilities damaged by Hurricane Sandy: Pro- to the facility. fense and the other departments and vided, That NOAA shall submit a spending agencies of the Government for the fis- plan to the Committees on Appropriations of SA 3387. Mrs. BOXER submitted an cal year ending September 30, 2011, and the House of Representatives and the Senate amendment intended to be proposed by for other purposes; which was ordered within 45 days after the date of enactment of her to the bill H.R. 1, making appro- to lie on the table; as follows: this Act: Provided further, That such amount priations for the Department of De- On page 49, line 5, insert ‘‘, consistent with is designated by the Congress as being for an fense and the other departments and applicable law’’ after ‘‘process’’. emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and On page 49, line 10, insert before the first agencies of the Government for the fis- Emergency Deficit Control Act of 1985. period ‘‘, consistent with applicable law’’. cal year ending September 30, 2011, and SCIENCE for other purposes; which was ordered SA 3391. Mr. COATS (for himself and NATIONAL AERONAUTICS AND SPACE to lie on the table; as follows: Mr. ALEXANDER) submitted an amend- ADMINISTRATION On page 16, strike lines 17 through 20 and CONSTRUCTION AND ENVIRONMENTAL insert ‘‘Provided further, That any project ment intended to be proposed by him to the bill H.R. 1, making appropria- COMPLIANCE AND RESTORATION that is under study by the Corps for reducing For an additional amount for ‘‘Construc- flooding and storm damage risks within the tions for the Department of Defense and the other departments and agen- tion and Environmental Compliance and boundaries of the North Atlantic Division of Restoration’’ for repair at National Aero- the Corps that was affected by Hurricane cies of the Government for the fiscal nautics and Space Administration facilities Sandy and for which the study demonstrates year ending September 30, 2011, and for damaged by Hurricane Sandy, $4,000,000, to that the project will cost-effectively reduce other purposes; which was ordered to remain available until September 30, 2015: those risks and is environmentally accept- lie on the table; as follows: Provided, That such amount is designated by able and technically feasible is hereby au- the Congress as being for an emergency re- thorized: Provided’’. In lieu of the matter proposed to be in- serted, insert the following: quirement pursuant to section 251(b)(2)(A)(i) SA 3388. Mrs. BOXER submitted an That the following sums are hereby appro- of the Balanced Budget and Emergency Def- icit Control Act of 1985. amendment intended to be proposed by priated out of any money in the Treasury TITLE III her to the bill H.R. 1, making appro- not otherwise appropriated, for fiscal year DEPARTMENT OF DEFENSE priations for the Department of De- 2013, and for other purposes, namely: SUPPLEMENTAL APPROPRIATIONS FOR DEPARTMENT OF DEFENSE—MILITARY fense and the other departments and OPERATION AND MAINTENANCE agencies of the Government for the fis- DISASTER ASSISTANCE TITLE I OPERATION AND MAINTENANCE, ARMY cal year ending September 30, 2011, and For an additional amount for ‘‘Operation for other purposes; which was ordered DEPARTMENT OF AGRICULTURE DOMESTIC FOOD PROGRAMS and Maintenance, Army’’, $5,370,000, to re- to lie on the table; as follows: main available until September 30, 2013, for On page 45, strike lines 9 through 14 and in- FOOD AND NUTRITION SERVICE necessary expenses related to the con- sert the following: COMMODITY ASSISTANCE PROGRAM sequences of Hurricane Sandy: Provided, ‘‘(f) WAIVER AUTHORITY.—Until such time For an additional amount for the emer- That such amount is designated by the Con- as the Administrator promulgates regula- gency food assistance program as authorized gress as being for an emergency requirement tions to implement this section, the Admin- by section 27(a) of the Food and Nutrition pursuant to section 251(b)(2)(A)(i) of the Bal- istrator may— Act of 2008 (7 U.S.C. 2036(a)) and section anced Budget and Emergency Deficit Control ‘‘(1) waive notice and comment rulemaking 204(a)(1) of the Emergency Food Assistance Act of 1985. requirements under title 5, United States Act of 1983 (7 U.S.C. 7508(a)(1)), $6,000,000: Pro- OPERATION AND MAINTENANCE, NAVY Code, if the Administrator determines that vided, That notwithstanding any other provi- For an additional amount for ‘‘Operation such action is necessary to expeditiously im- sions of the Emergency Food Assistance Act and Maintenance, Navy’’, $40,015,000, to re- plement this section; and of 1983 (the ‘‘Act’’), the Secretary may allo- main available until September 30, 2013, for ‘‘(2) carry out the alternative procedures cate additional foods and funds for adminis- necessary expenses related to the con- under this section as a pilot program.’’. trative expenses from resources specifically sequences of Hurricane Sandy: Provided, appropriated, transferred, or reprogrammed That such amount is designated by the Con- SA 3389. Mrs. BOXER submitted an to restore to states resources used to assist gress as being for an emergency requirement amendment intended to be proposed by families and individuals displaced by Hurri- pursuant to section 251(b)(2)(A)(i) of the Bal- her to the bill H.R. 1, making appro- cane Sandy among the states without regard anced Budget and Emergency Deficit Control priations for the Department of De- to sections 204 and 214 of the Act: Provided Act of 1985. fense and the other departments and further, That such amount is designated by OPERATION AND MAINTENANCE, AIR FORCE the Congress as being for an emergency re- For an additional amount for ‘‘Operation agencies of the Government for the fis- quirement pursuant to section 251(b)(2)(A)(i) cal year ending September 30, 2011, and and Maintenance, Air Force’’, $8,500,000, to of the Balanced Budget and Emergency Def- remain available until September 30, 2013, for for other purposes; which was ordered icit Control Act of 1985 (Public Law 99–177), necessary expenses related to the con- to lie on the table; as follows: as amended. sequences of Hurricane Sandy: Provided, On page 38, strike lines 3 through 10 and in- TITLE II That such amount is designated by the Con- sert the following: DEPARTMENT OF COMMERCE gress as being for an emergency requirement ‘‘(d) EXPEDITED PROCEDURES.— NATIONAL OCEANIC AND ATMOSPHERIC pursuant to section 251(b)(2)(A)(i) of the Bal- ‘‘(1) IN GENERAL.—For the purpose of pro- ADMINISTRATION anced Budget and Emergency Deficit Control viding assistance under this section, the OPERATIONS, RESEARCH, AND FACILITIES Act of 1985. President shall ensure that— OPERATION AND MAINTENANCE, ARMY ‘‘(A) adequate resources are devoted to en- For an additional amount for ‘‘Operations, Research, and Facilities’’, $32,000,000 to re- NATIONAL GUARD suring that applicable environmental re- For an additional amount for ‘‘Operation views under the National Environmental main available until September 30, 2014, as follows— and Maintenance, Army National Guard’’, Policy Act and historic preservation reviews (1) $6,200,000 to repair and replace ocean ob- $3,165,000, to remain available until Sep- under the National Historic Preservation serving and coastal monitoring assets dam- tember 30, 2013, for necessary expenses re- Act are completed on an expeditious basis; aged by Hurricane Sandy; lated to the consequences of Hurricane and (2) $5,000,000 to repair and improve weather Sandy: Provided, That such amount is des- ‘‘(B) the shortest existing applicable proc- forecasting capabilities and infrastructure; ignated by the Congress as being for an ess under the National Environmental Policy (3) $20,800,000 for mapping, charting, dam- emergency requirement pursuant to section Act and the National Historic Preservation age assessment, and marine debris coordina- 251(b)(2)(A)(i) of the Balanced Budget and Act shall be utilized. tion and re-mediation: Emergency Deficit Control Act of 1985.

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OPERATION AND MAINTENANCE, AIR NATIONAL able until September 30, 2014, for grants to or of Hurricane Sandy, $143,899,000, to remain GUARD cooperative agreements with organizations available until September 30, 2014: Provided, For an additional amount for ‘‘Operation to provide technical assistance related to That such amount is designated by the Con- and Maintenance, Air National Guard’’, disaster recovery, response, and long-term gress as being for an emergency requirement $5,775,000, to remain available until Sep- resiliency to small businesses that are recov- pursuant to section 251(b)(2)(A)(i) of the Bal- tember 30, 2013, for necessary expenses re- ering from Hurricane Sandy: Provided, That anced Budget and Emergency Deficit Control lated to the consequences of Hurricane such amounts are designated by the Congress Act of 1985: Provided further, That notwith- Sandy: Provided, That such amount is des- as being for an emergency requirement pur- standing the transfer limitation contained in ignated by the Congress as being for an suant to section 251(b)(2)(A)(i) of the Bal- section 503 of division D of Public Law 112–74, emergency requirement pursuant to section anced Budget and Emergency Deficit Control such funding may be transferred to other 251(b)(2)(A)(i) of the Balanced Budget and Act of 1985. Coast Guard appropriations after notifica- Emergency Deficit Control Act of 1985. OFFICE OF INSPECTOR GENERAL tion as required in accordance with such sec- PROCUREMENT For an additional amount for ‘‘Office of In- tion: Provided further, That a description all PROCUREMENT OF AMMUNITION, ARMY spector General’’ for necessary expenses re- facilities and property to be reconstructed and restored, with associated costs and time For an additional amount for ‘‘Procure- lated to the consequences of Hurricane lines, shall be submitted to the Committees ment of Ammunition, Army’’, $1,310,000, to Sandy and other disasters, $2,000,000, to re- on Appropriations of the Senate and the remain available until September 30, 2015, for main available until expended: Provided, House of Representatives no later than 90 necessary expenses related to the con- That such amount is designated by the Con- sequences of Hurricane Sandy: Provided, gress as being for an emergency requirement days after the date of enactment of this Act. pursuant to section 251(b)(2)(A)(i) of the Bal- That such amount is designated by the Con- FEDERAL EMERGENCY MANAGEMENT AGENCY gress as being for an emergency requirement anced Budget and Emergency Deficit Control pursuant to section 251 (b)(2)(A)(i) of the Bal- Act of 1985. DISASTER RELIEF FUND anced Budget and Emergency Deficit Control DISASTER LOANS PROGRAM ACCOUNT For an additional amount for the ‘‘Disaster Act of 1985. (INCLUDING TRANSFER OF FUNDS) Relief Fund’’ for major disasters declared REVOLVING AND MANAGEMENT FUNDS For an additional amount for ‘‘Disaster pursuant to the Robert T. Stafford Disaster DEFENSE WORKING CAPITAL FUNDS Loans Program Account’’ for the cost of di- Relief and Emergency Assistance Act (42 For an additional amount for ‘‘Defense rect loans authorized by section 7(b) of the U.S.C. 5121 et seq.), $5,379,000,000, to remain Working Capital Funds’’, $24,200,000, to re- Small Business Act, for necessary expenses available until expended: Provided, That such main available until September 30, 2013, for related to Hurricane Sandy and other disas- amount is designated by the Congress as necessary expenses related to the con- ters, $500,000,000, to remain available until being for disaster relief pursuant to section sequences of Hurricane Sandy: Provided, expended: Provided, That such costs, includ- 251(b)(2)(D) of the Balanced Budget and That such amount is designated by the Con- ing the cost of modifying such loans, shall be Emergency Deficit Control Act of 1985. gress as being for an emergency requirement as defined in section 502 of the Congressional pursuant to section 251(b)(2)(A)(i) of the Bal- Budget Act of 1974: Provided further, That in SCIENCE AND TECHNOLOGY RESEARCH, anced Budget and Emergency Deficit Control addition, for administrative expenses to DEVELOPMENT, ACQUISITION, AND OPERATIONS Act of 1985. carry out the direct loan program authorized For an additional amount for ‘‘Research, TITLE IV by section 7(b) of the Small Business Act in response to Hurricane Sandy and other disas- Development, Acquisition, and Operations’’ DEPARTMENT OF DEFENSE CIVIL ters, $100,000,000, to remain available until for necessary expenses related to the con- DEPARTMENT OF THE ARMY expended, of which $90,000,000 is for direct ad- sequences of Hurricane Sandy, $3,249,000, to CORPS OF ENGINEERS—CIVIL ministrative expenses of loan making and remain available until September 30, 2014: OPERATION AND MAINTENANCE servicing to carry out the direct loan pro- Provided, That such amount is designated by the Congress as being for an emergency re- For an additional amount for ‘‘Operation gram, which may be transferred to and quirement pursuant to section 251(b)(2)(A)(i) and Maintenance’’, $483,000,000, to remain merged with the appropriations for Salaries available until September 30, 2014, to repair and Expenses; and of which $10,000,000 is for of the Balanced Budget and Emergency Def- U.S. Army Corps of Engineers projects and indirect administrative expenses for the di- icit Control Act of 1985. dredge Federal navigation channels damaged rect loan program, which may be transferred GENERAL PROVISION—THIS TITLE by the impacts of Hurricane Sandy: Provided, to and merged with the appropriations for That such amount is designated by the Con- Salaries and Expenses: Provided further, Sec. 601. (a) Subsection (a) of section 1309 gress as being for an emergency requirement That such amounts are designated by the of the National Flood Insurance Act of 1968 pursuant to section 251(b)(2)(A)(i) of the Bal- Congress as being for an emergency require- (42 U.S.C. 4016(a)) is amended— anced Budget and Emergency Deficit Control ment pursuant to section 251(b)(2)(A)(i) of (1) by inserting ‘‘(1)’’ after the subsection Act of 1985: Provided further, That the Assist- the Balanced Budget and Emergency Deficit designation; and (2) by adding at the end the Control Act of 1985. ant Secretary of the Army for Civil Works following new paragraph: shall provide a monthly report to the Com- GENERAL PROVISIONS—THIS TITLE ‘‘(2) Notwithstanding paragraph (1)— mittees on Appropriations of the House of SEC. 501. Section 411(a)(1) of the Small Representatives and the Senate detailing the Business Investment Act of 1958 (15 U.S.C. ‘‘(A) clause (2) of the first sentence of such allocation and obligation of these funds, be- 694b(a)(1)) is amended by striking ‘‘$2,000,000’’ paragraph shall be applied, through Sep- ginning not later than 60 days after enact- and inserting ‘‘$5,000,000’’. tember 30, 2017, by substituting ment of this Act. TITLE VI ‘$25,725,000,000’ for ‘$1,500,000,000’; and FLOOD CONTROL AND COASTAL EMERGENCIES DEPARTMENT OF HOMELAND SECURITY ‘‘(B) effective upon the submission by the For an additional amount for ‘‘Flood Con- U.S. CUSTOMS AND BORDER PROTECTION Administrator to the Congress of a plan for trol and Coastal Emergencies’’, $340,000,000, specific actions to be taken in connection SALARIES AND EXPENSES to remain available until September 30, 2014, with the flood insurance program under this to support emergency operations, repairs and For an additional amount for ‘‘Salaries title that will provide for the repayment of other activities in response Hurricane Sandy and Expenses’’ for necessary expenses related any amounts borrowed pursuant to this para- as authorized by law: Provided, That the to the consequences of Hurricane Sandy, graph before the expiration of the 10–year pe- amounts in this paragraph are designated by $1,347,000: Provided, That such amount is des- riod that begins upon the date of the enact- the Congress as being for an emergency re- ignated by the Congress as being for an ment of this paragraph, a schedule for imple- quirement pursuant to section 251(b)(2)(A)(i) emergency requirement pursuant to section mentation of such actions, a schedule re- of the Balanced Budget and Emergency Def- 251(b)(2)(A)(i) of the Balanced Budget and quired under subsection (c) for such repay- icit Control Act of 1985: Provided further, Emergency Deficit Control Act of 1985: Pro- ment, and a certification by the Adminis- That the Assistant Secretary of the Army vided further, That a description of all prop- trator that the Administrator will adhere to erty to be replaced, with associated costs, for Civil Works shall provide a monthly re- such schedules, clause (2) of the first sen- shall be submitted to the Committees on Ap- port to the Committees on Appropriations of tence of paragraph (1) shall be applied, propriations of the Senate and the House of the House of Representatives and the Senate through September 30, 2017, by substituting Representatives no later than 90 days after detailing the allocation and obligation of ‘$30,425,000,000’ for 11,500,000,000’.’’. these funds, beginning not later than 60 days the date of enactment of this Act. after enactment of this Act. COAST GUARD (b) The amount provided by this section is TITLE V designated by the Congress as an emergency ACQUISITION, CONSTRUCTION, AND requirement pursuant to section INDEPENDENT AGENCIES IMPROVEMENTS 251(b)(2)(A)(i) of the Balanced Budget and SMALL BUSINESS ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) Emergency Deficit Control Act of 1985 and as SALARIES AND EXPENSES For an additional amount for ‘‘Acquisition, an emergency requirement pursuant to sec- For an additional amount for ‘‘Salaries Construction, and Improvements’’ for nec- tion 4(g) of the Statutory Pay-As-You-Go and Expenses’’, $20,000,000, to remain avail- essary expenses related to the consequences Act of 2010.

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.047 S19DEPT1 jbell on DSK7SPTVN1PROD with S8210 CONGRESSIONAL RECORD — SENATE December 19, 2012 TITLE VII distribution of such amount shall be limited Fund’’ for disaster response and recovery ex- DEPARTMENT OF THE INTERIOR to the States of New York and New Jersey: penses related to Hurricane Sandy, Provided further, That funds appropriated in $122,000,000, of which $100,000,000 is to remain FISH AND WILDLIFE SERVICE this paragraph are in addition to the entitle- available through September 30, 2014: Pro- CONSTRUCTION ment grants authorized by section 2002(a)(1) vided, That these funds may be transferred For an additional amount for ‘‘Construc- of the Social Security Act and shall not be by the Secretary to accounts within the De- tion’’ for necessary expenses incurred to pre- available for such entitlement grants: Pro- partment of Health and Human Services, and pare for, respond to, and recover from Hurri- vided further, That the Secretary of Health shall be available only for the purposes pro- cane Sandy, $64,000,000, to remain available and Human Services shall distribute such vided in this paragraph: Provided further, until September 30, 2014: Provided, That such amount to the States of New York and New That the transfer authority provided in this amount is designated by the Congress as Jersey based on the number of registrants paragraph is in addition to any other trans- being for an emergency requirement pursu- for Individual Assistance provided by the fer authority available in this or any other ant to section 251(b)(2)(A)(i) of the Balanced Federal Emergency Management Agency Act: Provided further, That obligations in- Budget and Emergency Deficit Control Act within the counties that received a Presi- curred for response activities for Hurricane of 1985. dential major disaster declaration for the Sandy prior to enactment of this Act may be Federal Emergency Management Agency In- charged to this apropriation: Provided fur- NATIONAL PARK SERVICE dividual Assistance related to Hurricane ther, That funds appropriated in this para- CONSTRUCTION Sandy as of the date of enactment of this graph may be used for renovating, repairing, For an additional amount for ‘‘Construc- Act: Provided further, That in addition to or rebuilding non-Federal research facilities tion’’ for necessary expenses incurred to pre- other uses permitted by title XX of the SSA, damaged as a result of Hurricane Sandy: Pro- pare for, respond to, and recover from Hurri- funds appropriated in this paragraph may be vided further, That none of the funds appro- cane Sandy, including the full scope of re- used for health services (including mental priated in this paragraph shall be available pairs to the Statue of Liberty and Ellis Is- health services), and costs of renovating, re- for costs that are reimbursed by the Federal land, $190,000,000, to remain available until pairing, or rebuilding health care facilities Emergency Management Agency or by insur- September 30, 2014: Provided, That such (including mental health facilities), child ance: Provided further, That such amount is amount is designated by the Congress as care facilities, or other social services facili- designated by the Congress as being for an being for an emergency requirement pursu- ties: Provided further, That funds appro- emergency requirement pursuant to section ant to section 251(b)(2)(A)(i) of the Balanced priated in this paragraph are also available 251(b)(2)(A)(i) of the Balanced Budget and Budget and Emergency Deficit Control Act for costs incurred up to 3 days prior to Hurri- Emergency Deficit Control Act of 1985, as of 1985. cane Sandy’s October 29, 2012 landfall subject amended. RELATED AGENCIES BUREAU OF SAFETY AND ENVIRONMENTAL to Federal review of documentation of the ENFORCEMENT cost of services provided: Provided further, SOCIAL SECURITY ADMINISTRATION That none of the funds appropriated in this LIMITATION ON ADMINISTRATIVE EXPENSES OIL SPILL RESEARCH paragraph shall be available for costs that For an additional amount for ‘‘Limitation For an additional amount for ‘‘Oil Spill are reimbursed by the Federal Emergency on Administrative Expenses’’, $2,000,000, for Research’’ for necessary expenses related to Management Agency or by insurance: Pro- necessary expenses resulting from Hurricane the consequences of Hurricane Sandy, vided further, That, with respect to the Fed- Sandy: Provided, That such amount is des- $3,000,000, to remain available until Sep- eral interest in real property acquired or on ignated by the Congress as an emergency re- tember 30, 2014: PROVIDED, That such amount which construction or major renovation of quirement pursuant to section 251(b)(2)(A) (i) is designated by the Congress as being for an facilities (as such terms are defined in 45 of the Balanced Budget and Emergency Def- emergency requirement pursuant to section CFR 1309.3) is undertaken with these funds, icit Control Act of 1985, as amended. 251(b)(2)(A)(i) of the Balanced Budget and procedures equivalent to those specified in TITLE IX Emergency Deficit Control Act of 1985. subpart C of 45 CFR part 1309 shall apply: DEPARTMENT OF DEFENSE ENVIRONMENTAL PROTECTION AGENCY Provided further, That such amount is des- ignated by the Congress as being for an MILITARY CONSTRUCTION LEAKING UNDERGROUND STORAGE TANK FUND emergency requirement pursuant to section MILITARY CONSTRUCTION, ARMY NATIONAL For an additional amount for ‘‘Leaking 251(b)(2)(A)(i) of the Balanced Budget and GUARD Underground Storage Tank Fund’’ for nec- Emergency Deficit Control Act of 1985, as For an additional amount for ‘‘Military essary expenses related to the consequences amended. Construction, Army National Guard’’, of Hurricane Sandy, $5,000,000, to remain CHILDREN AND FAMILY SERVICES PROGRAMS $20,457,000, to remain available until Sep- available until September 30, 2014: Provided, For an additional amount for ‘‘Children tember 30, 2014, for necessary expenses re- That such amount is designated by the Con- lated to the consequences of Hurricane gress as being for an emergency requirement and Families Services Programs’’, $85,000,000, for making payments under the Head Start Sandy: Provided, That such funds may be ob- pursuant to section 251 (b) (2) (A) ( i) of the ligated or expended for planning and design Balanced Budget and Emergency Deficit Act in States for which the President de- clared a major disaster under title IV of the and military construction projects not oth- Control Act of 1985. Robert T. Stafford Disaster Relief and Emer- erwise authorized by law: Provided further, TITLE VIII gency Assistance Act as a result of Hurri- That such amount is designated by the Con- gress as being for an emergency requirement DEPARTMENT OF LABOR cane Sandy: Provided, That funds appro- pursuant to section 251(b)(2)(A)(i) of the Bal- priated in this paragraph are not subject to EMPLOYMENT AND TRAINING ADMINISTRATION anced Budget and Emergency Deficit Control the allocation requirements of section 640(a) TRAINING AND EMPLOYMENT SERVICES Act of 1985. of the Head Start Act: Provided further, That For an additional amount for ‘‘Employ- funds appropriated in this paragraph shall be DEPARTMENT OF VETERANS AFFAIRS ment and Training Administration Training available through September 30, 2014 for VETERANS HEALTH ADMINISTRATION and Employment Services’’, $50,000,000 for costs of renovating, repairing, or rebuilding MEDICAL SERVICES the dislocated workers assistance national those Head Start facilities damaged as a re- For an additional amount for ‘‘Medical reserve, which shall be available from the sult of Hurricane Sandy: Provided further, Services’’, $21,000,000, to remain available date of enactment of this Act though Sep- That none of the funds appropriated in this until September 30, 2014, for necessary ex- tember 30, 2013: Provided, That such amount paragraph shall be included in the calcula- penses related to the consequences of Hurri- is designated by the Congress as being for an tion of the ‘‘base grant’’ in subsequent fiscal cane Sandy: Provided, That such amount is emergency requirement pursuant to section years, as such term is used in section designated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and 640(a)(7)(A) of the Head Start Act: Provided emergency requirement pursuant to section Emergency Deficit Control Act of 1985, as further, That none of the funds appropriated 251(b)(2)(A)(i) of the Balanced Budget and amended. in this paragraph shall be available for costs Emergency Deficit Control Act of 1985. DEPARTMENT OF HEALTH AND HUMAN that are reimbursed by the Federal Emer- MEDICAL FACILITIES SERVICES gency Management Agency or by insurance: For an additional amount for ‘‘Medical Fa- ADMINSITRATION FOR CHILDREN AND FAMILIES Provided further, That such amount is des- cilities’’, $6,000,000, to remain available until SOCIAL SERVICES BLOCK GRANT ignated by the Congress as being for an September 30, 2014, for necessary expenses re- emergency requirement pursuant to section lated to the consequences of Hurricane For an additional amount for ‘‘Social Serv- 251(b)(2)(A)(i) of the Balanced Budget and ices Block Grant’’, $350,000,000, for necessary Sandy: Provided, That such amount is des- Emergency Deficit Control Act of 1985, as ignated by the Congress as being for an expenses resulting from Hurricane Sandy in amended. States for which the President declared a emergency requirement pursuant to section OFFICE OF THE SECRETARY major disaster under title IV of the Robert 251(b)(2)(A)(i) of the Balanced Budget and T. Stafford Disaster Relief and Emergency PUBLIC HEALTH AND SOCIAL SERVICES Emergency Deficit Control Act of 1985. Assistance Act, notwithstanding section 2003 EMERGENCY FUND DEPARTMENTAL ADMINISTRATION and paragraphs (1) and (4) of section 2005(a) (INCLUDING TRANSFER OF FUNDS) INFORMATION TECHNOLOGY SYSTEMS of the Social Security Act: Provided, That, For an additional amount for ‘‘Public For an additional amount for ‘‘Information notwithstanding section 2002 of the SSA, the Health and Social Services Emergency Technology Systems’’, $500,000, for necessary

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.048 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8211 expenses related to the consequences of Hur- penses related to disaster relief, long-term ford Disaster Relief and Emergency Assist- ricane Sandy: Provided, That such amount is recovery, restoration of infrastructure and ance Act (42 U.S.C. 5121 et seq.) may adopt, designated by the Congress as being for an housing, and economic revitalization in the without review or public comment, any envi- emergency requirement pursuant to section most impacted and distressed areas resulting ronmental review, approval, or permit per- 251(b)(2)(A)(i) of the Balanced Budget and from a major disaster declared pursuant to formed by a Federal agency, and such adop- Emergency Deficit Control Act of 1985. the Robert T. Stafford Disaster Relief and tion shall satisfy the responsibilities of the Emergency Assistance Act (42 U.S.C. 5121 et CONSTRUCTION, MAJOR PROJECTS recipient with respect to such environmental seq.), due to Hurricane Sandy, for activities review, approval, or permit: Provided further, For an additional amount for ‘‘Construc- authorized under title I of the Housing and That, notwithstanding 42 U.S.C. 5304(g)(2), tion, Major Projects’’, $207,000,000 to remain Community Development Act of 1974 (42 the Secretary may, upon receipt of a request available until September 30, 2017, for ren- U.S.C. 5301 et seq.), $2,000,000,000, to remain for release of funds and certification, imme- ovations and repairs to the Department of available until expended: Provided, That the diately approve the release of funds for an Veterans Affairs Medical Center in Manhat- Secretary shall establish a minimum alloca- activity or project assisted under this head- tan, New York, as a consequence of damage tion for each eligible State declared a major ing if the recipient has adopted an environ- caused by Hurricane Sandy: Provided, That disaster due to Hurricane Sandy: Provided mental review prepared under the National notwithstanding any other provision of law, further, That funds shall be awarded directly Environmental Policy Act of 1969 (42 U.S.C. such funds may be obligated and expended to to the State or unit of general local govern- 4321 et seq.) or the project is categorically carry out planning and design and major ment as a grantee at the discretion of the excluded from further review under the Na- medical facility construction not otherwise Secretary: Provided further, That the Sec- tional Environmental Policy Act of 1969 (42 authorized by law: Provided further, That retary shall allocate to grantees not less U.S.C. 4321 et seq.): Provided further, That a such amount is designated by the Congress than 33 percent of the funds provided under waiver granted by the Secretary may not re- as being for an emergency requirement pur- this heading within 60 days after the enact- duce the percentage of funds which must be suant to section 251(b)(2)(A)(i) of the Bal- ment of this Act based on the best available used for activities that benefit persons of low anced Budget and Emergency Deficit Control data: Provided farther, That prior to the obli- and moderate income to less than 50 percent, Act of 1985. gation of funds, a grantee shall submit a unless the Secretary specifically finds that TITLE X plan to the Secretary for approval detailing there is a compelling need to further reduce the proposed use of all funds, including cri- DEPARTMENT OF TRANSPORTATION or eliminate the percentage requirement: teria for eligibility and how the use of these Provided further, That the Secretary shall FEDERAL HIGHWAY ADMINISTRATION funds will address long-term recovery and publish in the Federal Register any waiver of FEDERAL-AID HIGHWAYS restoration of infrastructure and housing any statute or regulation that the Secretary EMERGENCY RELIEF PROGRAM and economic revitalization in the most im- administers pursuant to title I of the Hous- pacted and distressed areas: Provided further, For an additional amount for the Emer- ing and Community Development Act of 1974 That the Secretary shall by notice specify gency Relief Program as authorized under no later than 5 days before the effective date the criteria for approval of such plans within section 125 of title 23, United States Code, of such waiver: Provided further, That funds 45 days of enactment of this Act: Provided provided under this heading to for-profit en- $444,300,000, to remain available until ex- further, That such funds may not be used for pended: Provided, That such amount is des- terprises may only assist such enterprises activities reimbursable by, or for which that meet the definition of small business as ignated by the Congress as being for an funds are made available by, the Federal emergency requirement pursuant to section defined by the Small Business Administra- Emergency Management Agency or the tion under 13 OFR part 121: Provided further, 251(b)(2)(A)(i) of the Balanced Budget and Army Corps of Engineers: Provided further, Emergency Deficit Control Act of 1985. That notwithstanding the previous proviso, That the final paragraph under the heading funds may be provided to a for-profit enter- FEDERAL RAILROAD ADMINISTRATION Community Development Block Grants in prise, that does not meet such definition of OPERATING SUBSIDY GRANTS TO THE NATIONAL title II of Public Law 105–276 (42 U.S.C. 5305 small business, but which provides a public RAILROAD PASSENGER CORPORATION note) shall not apply to funds provided under benefit, is publicly regulated, and is other- For an additional amount for the Sec- this heading: Provided further, That funds al- wise eligible for assistance under 42 U.S.C. retary to make grants to the National Rail- located under this heading shall not be con- 5301 et seq., and the implementing regula- road Passenger Corporation for costs and sidered relevant to the non-disaster formula tions at 24 CFR Part 570.201(1): Provided fur- losses incurred as a result of Hurricane allocations made pursuant to 42 U.S.C. 5306: ther, That of the funds made available under Sandy, $32,000,000, to remain available until Provided further, That a grantee may use up this heading, up to $10,000,000 may be trans- expended: Provided, That such amount is des- to 5 percent of its allocation for administra- ferred to ‘‘Program Office Salaries and Ex- ignated by the Congress as being for an tive costs:. Provided further, That the Sec- penses, Community Planning and Develop- emergency requirement pursuant to section retary shall require that grantees have es- ment’’ for technical assistance and adminis- 251(b)(2)(A)(i) of the Balanced Budget and tablished procedures to ensure timely ex- trative costs (including information tech- Emergency Deficit Control Act of 1985. penditure of funds and prevent any duplica- nology costs), related solely to admin- tion of benefits as defined by 42 U.S.C. 5155 FEDERAL TRANSIT ADMINISTRATION istering funds available, under this heading and prevent fraud and abuse of funds: Pro- or funds made available under prior appro- PUBLIC TRANSPORTATION EMERGENCY RELIEF vided further, That the Secretary shall pro- priations to the ‘‘Community Development PROGRAM vide grantees with technical assistance on Fund’’ for disaster relief, long-term recov- For the Public Transportation Emergency contracting and procurement processes and ery, or emergency expenses: Provided further, Relief Program as authorized under section shall require grantees, in contracting or pro- That, of the funds made available under this 5324 of title 49, United States Code, curing for management and administration heading, $10,000,000 shall be transferred to $3,400,000,000, to remain available until ex- of these funds, to incorporate performance ‘‘Office of Inspector General’’: Provided fur- pended, for recovery and relief efforts in the requirements and penalties into any such ther, That the amounts provided under this areas most affected by Hurricane Sandy: Pro- contracts or agreements and to maintain in- heading are designated by the Congress as vided, That up to three-quarters of 1 percent formation with respect to performance on being for an emergency requirement pursu- of the funds retained for public transpor- the use of any funds for management and ad- ant to section 251(b)(2)(A)(i) of the Balanced tation emergency relief shall be available for ministrative purposes: Provided further, That Budget and Emergency Deficit Control Act the purposes of administrative expenses and in administering the funds under this head- of 1985. ongoing program management oversight as ing, the Secretary may waive, or specify al- GENERAL PROVISIONS—THIS TITLE authorized under 49 U.S.C. 5334 and 5338(i)(2) ternative requirements for, any provision of SEC. 1001. For fiscal year 2013, upon request and shall be in addition to any other appro- any statute or regulation that the Secretary by a public housing agency and supported by administers in connection with the obliga- priations for such purposes: Provided further, documentation as required by the Secretary tion by the Secretary or the use by the re- That, of the funds made available under this of Housing and Urban Development that heading, $6,000,000 shall be transferred to the cipient of these funds (except for require- demonstrates that the need for the adjust- Office of Inspector General to support the ments related to fair housing, non- ment is due to the disaster, the Secretary oversight of activities funded under this discrimination, labor standards, and the en- may make temporary adjustments to the heading: Provided further, That such amounts vironment), pursuant to a determination by Section 8 housing choice voucher annual re- are designated by the Congress as being for the Secretary that good cause exists for the newal funding allocations and administra- an emergency requirement pursuant to sec- waiver or alternative requirement and that tive fee eligibility determinations for public tion 251(b)(2)(A)(i) of the Balanced Budget such action is not inconsistent with the housing agencies in an area for which the and Emergency Deficit Control Act of 1985. overall purposes of title I of the Housing and President declared a disaster under title IV DEPARTMENT OF HOUSING AND URBAN Community Development Act of 1974 (42 of the Robert T. Stafford Disaster Relief and DEVELOPMENT U.S.C. 5301 et seq.): Provided further, That Emergency Assistance Act (42 U.S.C. 5170 et notwithstanding the previous proviso, recipi- COMMUNITY PLANNING AND DEVELOPMENT seq.), to avoid significant adverse funding ents of funds provided under this heading impacts that would otherwise result from COMMUNITY DEVELOPMENT FUND that use such funds to match or supplement the disaster. For an additional amount for the ‘‘Commu- Federal assistance provided under sections SEC. 1002. The Departments of Transpor- nity Development Fund’’ for necessary ex- 402, 403, 406, 407, or 502 of the Robert T. Staf- tation and Housing and Urban Development

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.049 S19DEPT1 jbell on DSK7SPTVN1PROD with S8212 CONGRESSIONAL RECORD — SENATE December 19, 2012 shall submit to the Committees on Appro- sea level rise and coastal flooding that may the date of submission of one or more priations of the House of Representatives be used for the planning referred to in sub- Project Worksheets by an applicant, for en- and the Senate within 45 days after the date section (a), and to encourage coordination gineering services related to the repair, res- of the enactment of this Act a plan for im- and facilitate long-term community resil- toration, reconstruction, or replacement of a plementing the provisions in this chapter, iency. public facility damaged or destroyed by a and updates to such plan on a biannual basis SEC. 1105. Recipients of Federal funds dedi- major disaster and for associated expenses thereafter. cated to reconstruction efforts under this incurred by the applicant on or after April 3, SEC. 1003. None of the funds provided in Act shall, to the greatest extent practicable, 2011. this chapter to the Department of Transpor- ensure that such reconstruction efforts (c) FEMA shall make final payment of the tation or the Department of Housing and maximize the utilization of technologies de- Federal share of projects submitted on Urban Development may be used to make a signed to mitigate future power outages, Project Worksheets by applicants, other grant unless the Secretary of such Depart- continue delivery of vital services and main- than the Worksheets identified in subsection ment notifies the House and Senate Commit- tain the flow of power to facilities critical to (b), as soon as practicable after the date of tees on Appropriations not less than 3 full public health, safety and welfare. The Sec- enactment of this Act. business days before any project, State or lo- retary of Housing and Urban Development as (d) Nothing in this section circumvents re- cality is selected to receive a grant award to- chair of the Hurricane Sandy Rebuilding quirements to determine eligibility for fund- taling $1,000,000 or more is announced by ei- Task Force shall issue appropriate guide- ing under Part 206 of title 44, Code of Federal ther Department or a modal administration. lines to implement this requirement. Regulations, as in effect on the date of en- TITLE XI This Act may be cited as the ‘‘Disaster Re- actment of this Act. lief Appropriations Act, 2013’’. GENERAL PROVISIONS—THIS ACT SA 3395. Mr. REID proposed an SEC. 1101. Each amount appropriated or SA 3392. Mr. CARDIN (for himself amendment to the bill H.R. 1, making made available in this Act is in addition to and Mrs. BOXER) submitted an amend- appropriations for the Department of amounts otherwise appropriated for the fis- ment intended to be proposed by him cal year involved. Defense and the other departments and SEC. 1102. Each amount designated in this to the bill H.R. 1, making appropria- agencies of the Government for the fis- Act by the Congress as an emergency re- tions for the Department of Defense cal year ending September 30, 2011, and quirement pursuant to section 251(b)(2)(A)(i) and the other departments and agen- for other purposes; as follows: of the Balanced Budget and Emergency Def- cies of the Government for the fiscal Strike all after the enacting clause, and in- icit Control Act of 1985 shall be available year ending September 30, 2011, and for sert in lieu thereof: only if the President subsequently so des- other purposes; which was ordered to That the following sums are hereby appro- ignates all such amounts and transmits such lie on the table; as follows: designations to the Congress. priated, out of any money in the Treasury On page 70, lines 8 and 9, strike SEC. 1103. (a) Not later than March 31, 2013, not otherwise appropriated, for fiscal year in accordance with criteria to be established ‘‘$810,000,000, to remain available until ex- 2013, and for other purposes, namely: by the Office of Management and Budget pended,’’ and insert ‘‘$820,000,000, to remain SUPPLEMENTAL APPROPRIATIONS FOR (OMB), Federal agencies shall submit to available until expended, of which $10,000,000 DISASTER ASSISTANCE OMB and to the Committee on Appropria- shall be made available to the Administrator of the Environmental Protection Agency to TITLE I tions of the House of Representatives and of DEPARTMENT OF AGRICULTURE the Senate internal control plans for funds provide State grants for wetland restoration provided by this Act. in areas affected by Hurricane Sandy, with AGRICULTURAL PROGRAMS (b) All programs and activities receiving the grants funds to be used to support flood FARM SERVICE AGENCY mitigation and adaptation to changing funds under this Act shall be deemed to be EMERGENCY CONSERVATION PROGRAM hydrological conditions,’’. ‘‘susceptible to significant improper pay- For necessary expenses for the ‘‘Emer- ments’’ for purposes of the Improper Pay- Mr. CARDIN (for himself gency Conservation Program’’, $25,090,000, to ments Information Act of 2002 (31 U.S.C. 3321 SA 3393. and Ms. LANDRIEU) submitted an remain available until expended, of which note) (IPIA), notwithstanding section 2(a) of $15,000,000 is for expenses resulting from a IPIA. amendment intended to be proposed by him to the bill H.R. 1, making appro- major disaster declared pursuant to the Rob- (c) In accordance with guidance to be ert T. Stafford Disaster Relief and Emer- issued by the Director of OMB, agencies shall priations for the Department of De- gency Assistance Act (42 U.S.C. 5121 et. seq.): identify those grants for which the funds fense and the other departments and Provided, That such amount is designated by provided by this Act should be expended by agencies of the Government for the fis- the Congress as being for an emergency re- the grantees within the 24-month period fol- cal year ending September 30, 2011, and quirement pursuant to section 251(b)(2)(A)(i) lowing the agency’s obligation of funds for for other purposes; which was ordered of the Balanced Budget and Emergency Def- the grant. In the case of such grants, the icit Control Act of 1985. agency shall include a term in the grant to lie on the table; as follows: that: Strike section 501. EMERGENCY FOREST RESTORATION PROGRAM (1) requires the grantee to return to the For necessary expenses for the ‘‘Emer- agency any funds not expended within the 24- SA 3394. Mr. BAUCUS (for himself gency Forest Restoration Program’’, month period; and and Mr. TESTER) submitted an amend- $58,855,000, to remain available until ex- (2) provides that the head of the agency ment intended to be proposed by him pended, of which $49,010,000 is for expenses may, after consultation with the Director of to the bill H.R. 1, making appropria- resulting from a major disaster declared pur- OMB, subsequently issue a waiver of this re- tions for the Department of Defense suant to the Robert T. Stafford Disaster Re- quirement based on a determination by the and the other departments and agen- lief and Emergency Assistance Act (42 U.S.C. head of the agency that exceptional cir- 5121 et. seq.): Provided, That such amount is cumstances exist that justify an extension of cies of the Government for the fiscal designated by the Congress as being for an the period in which the funds must be ex- year ending September 30, 2011, and for emergency requirement pursuant to section pended. other purposes; which was ordered to 251(b)(2)(A)(i) of the Balanced Budget and SEC. 1104. (a) In carrying out activities lie on the table; as follows: Emergency Deficit Control Act of 1985. funded by this Act, Federal agencies, in part- At the appropriate place, insert the fol- CONSERVATION PROGRAMS nership with States, local communities and lowing: NATURAL RESOURCES CONSERVATION SERVICE tribes, shall inform plans for response, recov- SEC. lll. (a) As used in this section— ery, and rebuilding to reduce vulnerabilities (1) the term ‘‘applicant’’ means an entity EMERGENCY WATERSHED PROTECTION PROGRAM from and build long-term resiliency to future that is eligible to apply for assistance under For necessary expenses for the ‘‘Emer- extreme weather events, sea level rise, and a State public assistance grant under the gency Watershed Protection Program’’, coastal flooding. In carrying out activities Robert T. Stafford Disaster Relief and Emer- $125,055,000, to remain available until ex- funded by this Act that involve repairing, re- gency Assistance Act (42 U.S.C. 5121 et seq.) pended, of which $77,085,000 is for expenses building, or restoring infrastructure and re- or the rules issued under that Act, as a re- resulting from a major disaster declared pur- storing land, project sponsors shall consider, sult of the major disaster declaration of suant to the Robert T. Stafford Disaster Re- where appropriate, the increased risks and June 17, 2011 (44032 Federal Register (July 22, lief and Emergency Assistance Act (42 U.S.C. vulnerabilities associated with future ex- 2011)); and 5121 et. seq.): Provided, That unobligated bal- treme weather events, sea level rise and (2) the terms ‘‘FEMA’’ and ‘‘Adminis- ances for the ‘‘Emergency Watershed Protec- coastal flooding. trator’’ mean the Federal Emergency Man- tion Program’’ provided in Public Law 108– (b) Funds made available in this Act shall agement Agency and the Administrator 199, Public Law 109–234, and Public Law 110– be available to develop, in partnership with thereof, respectively. 28 shall be available for the purposes of such State, local and tribal officials, regional pro- program for disasters, and shall remain jections and assessments of future risks and (b) FEMA shall obligate such Federal funds available until expended: Provided further, vulnerabilities to extreme weather events, as are necessary, not later than 30 days after That such amounts are designated by the

VerDate Mar 15 2010 07:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.051 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8213 Congress as being for an emergency require- tions of the House of Representatives and the Congress as being for an emergency re- ment pursuant to section 251(b)(2)(A)(i) of the Senate within 45 days after the date of quirement pursuant to section 251(b)(2)(A)(i) the Balanced Budget and Emergency Deficit enactment of this Act: Provided further, That of the Balanced Budget and Emergency Def- Control Act of 1985. such amount is designated by the Congress icit Control Act of 1985. DOMESTIC FOOD PROGRAMS as being for an emergency requirement pur- RELATED AGENCIES suant to section 251(b)(2)(A)(i) of the Bal- FOOD AND NUTRITION SERVICE LEGAL SERVICES CORPORATION anced Budget and Emergency Deficit Control COMMODITY ASSISTANCE PROGRAM PAYMENT TO THE LEGAL SERVICES Act of 1985. For an additional amount for the emer- CORPORATION DEPARTMENT OF JUSTICE gency food assistance program as authorized For an additional amount for ‘‘Legal Serv- by section 27(a) of the Food and Nutrition GENERAL ADMINISTRATION ices Corporation, Payment to the Legal Act of 2008 (7 U.S.C. 2036(a)) and section OFFICE OF INSPECTOR GENERAL Services Corporation’’ to carry out the pur- 204(a)(1) of the Emergency Food Assistance For an additional amount for ‘‘General Ad- poses of the Legal Services Corporation Act Act of 1983 (7 U.S.C. 7508(a)(1)), $15,000,000, to ministration, Office of Inspector General’’ by providing for necessary expenses related remain available through September 30, 2014: for necessary expenses related to the con- to the consequences of Hurricane Sandy, Provided, That notwithstanding any other sequences of Hurricane Sandy, $20,000, to re- $1,000,000, to remain available until Sep- provisions of the Emergency Food Assistance main available until September 30, 2013: Pro- tember 30, 2013: Provided, That the amount Act of 1983 (the ‘‘Act’’), the Secretary may vided, That such amount is designated by the made available under this heading shall be allocate additional foods and funds for ad- Congress as being for an emergency require- used only to provide the mobile resources, ministrative expenses from resources specifi- ment pursuant to section 251(b)(2)(A)(i) of technology, and disaster coordinators nec- cally appropriated, transferred, or repro- the Balanced Budget and Emergency Deficit essary to provide storm-related services to grammed to restore to states resources used Control Act of 1985. the Legal Services Corporation client popu- lation and only in the areas significantly af- to assist families and individuals displaced FEDERAL BUREAU OF INVESTIGATION by Hurricane Sandy among the states with- fected by Hurricane Sandy: Provided further, SALARIES AND EXPENSES out regard to sections 204 and 214 of the Act: That such amount is designated by the Con- Provided further, That such amount is des- For an additional amount for ‘‘Federal Bu- gress as being for an emergency requirement ignated by the Congress as being for an reau of Investigation, Salaries and Ex- pursuant to section 251(b)(2)(A)(i) of the Bal- emergency requirement pursuant to section penses’’ for necessary expenses related to the anced Budget and Emergency Deficit Control 251(b)(2)(A)(i) of the Balanced Budget and consequences of Hurricane Sandy, $4,000,000, Act of 1985: Provided further, That none of the Emergency Deficit Control Act of 1985 (Pub- to remain available until September 30, 2013: funds appropriated in this Act to the Legal lic Law 99–177), as amended. Provided, That such amount is designated by Services Corporation shall be expended for the Congress as being for an emergency re- any purpose prohibited or limited by, or con- TITLE II quirement pursuant to section 251(b)(2)(A)(i) trary to any of the provisions of, sections DEPARTMENT OF COMMERCE of the Balanced Budget and Emergency Def- 501, 502, 503, 504, 505, and 506 of Public Law NATIONAL OCEANIC AND ATMOSPHERIC icit Control Act of 1985. 105–119, and all funds appropriated in this ADMINISTRATION DRUG ENFORCEMENT ADMINISTRATION Act to the Legal Services Corporation shall OPERATIONS, RESEARCH, AND FACILITIES be subject to the same terms and conditions SALARIES AND EXPENSES For an additional amount for ‘‘Operations, set forth in such sections, except that all ref- For an additional amount for ‘‘Drug En- erences in sections 502 and 503 to 1997 and Research, and Facilities’’, $373,000,000 to re- forcement Administration, Salaries and Ex- main available until September 30, 2014, as 1998 shall be deemed to refer instead to 2012 penses’’ for necessary expenses related to the and 2013, respectively, and except that sec- follows— consequences of Hurricane Sandy, $1,000,000, (1) $6,200,000 to repair and replace ocean ob- tions 501 and 503 of Public Law 104–134 (ref- to remain available until September 30, 2013: erenced by Public Law 105–119) shall not serving and coastal monitoring assets dam- Provided, That such amount is designated by aged by Hurricane Sandy; apply to the amount made available under the Congress as being for an emergency re- this heading. (2) $10,000,000 to repair and improve weath- quirement pursuant to section 251(b)(2)(A)(i) TITLE III er forecasting capabilities and infrastruc- of the Balanced Budget and Emergency Def- ture; icit Control Act of 1985. DEPARTMENT OF DEFENSE (3) $150,000,000 to evaluate, stabilize and re- DEPARTMENT OF DEFENSE—MILITARY BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND store coastal ecosystems affected by Hurri- OPERATION AND MAINTENANCE cane Sandy; EXPLOSIVES OPERATION AND MAINTENANCE, ARMY (4) $56,800,000 for mapping, charting, dam- SALARIES AND EXPENSES age assessment, and marine debris coordina- For an additional amount for ‘‘Bureau of For an additional amount for ‘‘Operation tion and remediation; and Alcohol, Tobacco, Firearms and Explosives, and Maintenance, Army’’, $5,370,000, to re- (5) $150,000,000, for necessary expenses re- Salaries and Expenses’’ for necessary ex- main available until September 30, 2013, for lated to fishery disasters as declared by the penses related to the consequences of Hurri- necessary expenses related to the con- Secretary of Commerce in calendar year 2012: cane Sandy, $230,000, to remain available sequences of Hurricane Sandy: Provided, Provided, That the National Oceanic and At- until September 30, 2013: Provided, That such That such amount is designated by the Con- mospheric Administration shall submit a amount is designated by the Congress as gress as being for an emergency requirement spending plan to the Committees on Appro- being for an emergency requirement pursu- pursuant to section 251(b)(2)(A)(i) of the Bal- priations of the House of Representatives ant to section 251(b)(2)(A)(i) of the Balanced anced Budget and Emergency Deficit Control and the Senate within 45 days after the date Budget and Emergency Deficit Control Act Act of 1985. of enactment of this Act: Provided further, of 1985. OPERATION AND MAINTENANCE, NAVY That such amount is designated by the Con- FEDERAL PRISON SYSTEM For an additional amount for ‘‘Operation gress as being for an emergency requirement and Maintenance, Navy’’, $40,015,000, to re- BUILDINGS AND FACILITIES pursuant to section 251(b)(2)(A)(i) of the Bal- main available until September 30, 2013, for anced Budget and Emergency Deficit Control For an additional amount for ‘‘Federal necessary expenses related to the con- Act of 1985. Prison System, Buildings and Facilities’’ for sequences of Hurricane Sandy: Provided, necessary expenses related to the con- PROCUREMENT, ACQUISITION AND CONSTRUCTION That such amount is designated by the Con- sequences of Hurricane Sandy, $10,000,000, to For an additional amount for ‘‘Procure- gress as being for an emergency requirement remain available until expended: Provided, pursuant to section 251(b)(2)(A)(i) of the Bal- ment, Acquisition and Construction’’, That such amount is designated by the Con- $109,000,000, to remain available until Sep- anced Budget and Emergency Deficit Control gress as being for an emergency requirement Act of 1985. tember 30, 2015, as follows— pursuant to section 251(b)(2)(A)(i) of the Bal- OPERATION AND MAINTENANCE, AIR FORCE (1) $47,000,000 for the Coastal and Estuarine anced Budget and Emergency Deficit Control For an additional amount for ‘‘Operation Land Conservation Program to support State Act of 1985. and local restoration in areas affected by and Maintenance, Air Force’’, $8,500,000, to Hurricane Sandy; SCIENCE remain available until September 30, 2013, for (2) $9,000,000 to repair National Oceanic and NATIONAL AERONAUTICS AND SPACE necessary expenses related to the con- Atmospheric Administration (NOAA) facili- ADMINISTRATION sequences of Hurricane Sandy: Provided, ties damaged by Hurricane Sandy; CONSTRUCTION AND ENVIRONMENTAL That such amount is designated by the Con- (3) $44,500,000 for repairs and upgrades to COMPLIANCE AND RESTORATION gress as being for an emergency requirement NOAA hurricane reconnaissance aircraft; For an additional amount for ‘‘Construc- pursuant to section 251(b)(2)(A)(i) of the Bal- and tion and Environmental Compliance and anced Budget and Emergency Deficit Control (4) $8,500,000 for improvements to weather Restoration’’ for repair at National Aero- Act of 1985. forecasting equipment and supercomputer nautics and Space Administration facilities OPERATION AND MAINTENANCE, ARMY infrastructure: damaged by Hurricane Sandy, $15,000,000, to NATIONAL GUARD Provided, That NOAA shall submit a spend- remain available until September 30, 2018: For an additional amount for ‘‘Operation ing plan to the Committees on Appropria- Provided, That such amount is designated by and Maintenance, Army National Guard’’,

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.029 S19DEPT1 jbell on DSK7SPTVN1PROD with S8214 CONGRESSIONAL RECORD — SENATE December 19, 2012 $3,165,000, to remain available until Sep- this report to the Committees on Appropria- that were under construction and damaged tember 30, 2013, for necessary expenses re- tions of the House of Representatives and by the impacts of Hurricane Sandy: Provided lated to the consequences of Hurricane the Senate within 120 days of enactment of further, That any projects using funds appro- Sandy: Provided, That such amount is des- this Act: Provided further, That the amounts priated under this heading shall be initiated ignated by the Congress as being for an in this paragraph are designated by the Con- only after non-Federal interests have en- emergency requirement pursuant to section gress as being for an emergency requirement tered into binding agreements with the Sec- 251(b)(2)(A)(i) of the Balanced Budget and pursuant to section 251(b)(2)(A)(i) of the Bal- retary requiring the non-Federal interests to Emergency Deficit Control Act of 1985. anced Budget and Emergency Deficit Control pay 100 percent of the operation, mainte- OPERATION AND MAINTENANCE, AIR NATIONAL Act of 1985: Provided further, That the Assist- nance, repair, replacement, and rehabilita- GUARD ant Secretary of the Army for Civil Works tion costs of the project and to hold and save shall provide a monthly report to the Com- the United States free from damages due to For an additional amount for ‘‘Operation mittees on Appropriations of the House of the construction or operation and mainte- and Maintenance, Air National Guard’’, Representatives and the Senate detailing the nance of the project, except for damages due $5,775,000, to remain available until Sep- allocation and obligation of these funds, be- to the fault or negligence of the United tember 30, 2013, for necessary expenses re- ginning not later than 60 days after enact- States or its contractors: Provided further, lated to the consequences of Hurricane ment of this Act. That the amounts in this paragraph are des- Sandy: Provided, That such amount is des- CONSTRUCTION ignated by the Congress as being for an ignated by the Congress as being for an (INCLUDING TRANSFER OF FUNDS) emergency requirement pursuant to section emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Construc- 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Pro- tion’’ to rehabilitate, repair and construct Emergency Deficit Control Act of 1985. vided further, That the Assistant Secretary of U.S. Army Corps of Engineers projects re- PROCUREMENT the Army for Civil Works shall submit to the lated to the consequences of natural disas- Committees on Appropriations of the House PROCUREMENT OF AMMUNITION, ARMY ters, $3,461,000,000, to remain available until of Representatives and the Senate a monthly For an additional amount for ‘‘Procure- expended: Provided, That $2,902,000,000 of the report detailing the allocation and obliga- ment of Ammunition, Army’’, $1,310,000, to funds provided under this heading shall be remain available until September 30, 2015, for tion of these funds, beginning not later than used to reduce future flood risk in ways that 60 days after the date of the enactment of necessary expenses related to the con- will support the long-term sustainability of this Act. sequences of Hurricane Sandy: Provided, the coastal ecosystem and communities and OPERATION AND MAINTENANCE That such amount is designated by the Con- reduce the economic costs and risks associ- gress as being for an emergency requirement ated with large-scale flood and storm events For an additional amount for ‘‘Operation pursuant to section 251(b)(2)(A)(i) of the Bal- that occurred in 2012 along the Gulf Coast and Maintenance’’, $821,000,000, to remain anced Budget and Emergency Deficit Control and Atlantic Coast within the boundaries of available until expended to dredge Federal Act of 1985. the North Atlantic and Mississippi Valley navigation channels and repair damage to Corps projects nationwide related to natural REVOLVING AND MANAGEMENT FUNDS Divisions of the Corps that were affected by disasters: Provided, That such amount is des- DEFENSE WORKING CAPITAL FUNDS Hurricanes Sandy and Isaac: Provided further, That efforts using these funds shall incor- ignated by the Congress as being for an For an additional amount for ‘‘Defense porate current science and engineering emergency requirement pursuant section Working Capital Funds’’, $24,200,000, to re- standards in constructing previously author- 251(b)(2)(A)(i) of the Balanced Budget and main available until September 30, 2013, for ized Corps projects designed to reduce flood Emergency Deficit Control Act of 1985: Pro- necessary expenses related to the con- and storm damage risks and modifying exist- vided further, That the Assistant Secretary of sequences of Hurricane Sandy: Provided, ing Corps projects that do not meet these the Army for Civil Works shall provide a monthly report to the Committees on Appro- That such amount is designated by the Con- standards, with such modifications as the priations of the House of Representatives gress as being for an emergency requirement Secretary determines are necessary to incor- and the Senate detailing the allocation and pursuant to section 251(b)(2)(A)(i) of the Bal- porate these standards or to meet the goal of obligation of these funds, beginning not later anced Budget and Emergency Deficit Control providing sustainable reduction to flooding than 60 days after enactment of this Act. Act of 1985. and storm damage risks: Provided further, TITLE IV That any project that is under study by the FLOOD CONTROL AND COASTAL EMERGENCIES DEPARTMENT OF DEFENSE—CIVIL Corps for reducing flooding and storm dam- For an additional amount for ‘‘Flood Con- trol and Coastal Emergencies’’, $1,008,000,000, DEPARTMENT OF THE ARMY age risks and that the Corps studies dem- onstrate will cost-effectively reduce those to remain available until expended to pre- CORPS OF ENGINEERS—CIVIL risks is hereby authorized: Provided further, pare for flood, hurricane, and other natural INVESTIGATIONS That local interests shall provide all lands, disasters and support emergency operations, For an additional amount for ‘‘Investiga- easements, rights-of-way, relocations and repairs and other activities in response to tions’’ to expedite studies of flood and storm disposal areas (LERRDs) necessary for flood, hurricanes or other natural disasters damage reduction related natural disasters, projects using these funds at no cost to the as authorized by law: Provided, That $50,000,000 at full Federal expense, to remain Government: Provided further, That cost $430,000,000 of the funds provided herein shall available until expended: Provided, That sharing for implementation of any projects be utilized by the Corps to restore projects using $34,500,000 of the funds provided herein, using these funds shall be 90 percent Federal impacted by Hurricane Sandy in the North the Secretary shall expedite and complete and 10 percent non-Federal exclusive of Atlantic Division of the U.S. Army Corps of ongoing flood and storm damage reduction LERRDs: Provided further, That the non-Fed- Engineers to design profiles of the author- studies in areas that were impacted by Hur- eral cash contribution for projects using ized projects: Provided further, That the pro- ricanes Sandy and Isaac in the North Atlan- these funds shall be financed in accordance visions of section 902 of the Water Resources tic and Mississippi Valley Divisions of the with the provisions of section 103(k) of Pub- Development Act of 1986 shall not apply to U.S. Army Corps of Engineers: Provided fur- lic Law 99–662 over a period of 30 years from funds provided under this heading: Provided ther, That using up to $15,000,000 of the funds the date of completion of the project or sepa- further, That the amounts in this paragraph provided herein, the Secretary shall support rable element: Provided further, That for are designated by the Congress as being for an interagency planning process in conjunc- these projects, the provisions of section 902 an emergency requirement pursuant to sec- tion with State, local and Tribal officials to of the Water Resources Development Act of tion 251(b)(2)(A)(i) of the Balanced Budget develop plans to address the flood risks of 1986 shall not apply to these funds: Provided and Emergency Deficit Control Act of 1985: vulnerable coastal populations, including in- further, That the Secretary may transfer up Provided further, That the Assistant Sec- novative approaches to promote the long- to $499,000,000 of the funds provided under retary of the Army for Civil Works shall pro- term sustainability of the coastal eco- this heading to other U.S. Army Corps of En- vide a monthly report to the Committees on systems and communities to reduce the eco- gineers Accounts to address damages from Appropriations of the House of Representa- nomic costs and risks associated with large- previous natural disasters following normal tives and the Senate detailing the allocation scale flood and storm events: Provided fur- policies and cost sharing: Provided further, and obligation of these funds, beginning not ther, That using $500,000 of the funds provided That the Committees on Appropriations of later than 60 days after enactment of this herein, the Secretary shall conduct an eval- the House of Representatives and the Senate Act. uation of the performance of existing shall be notified at least 15 days in advance EXPENSES projects constructed by the U.S. Army Corps of any such transfer: Provided further, That For an additional amount for ‘‘Expenses’’ of Engineers and impacted by Hurricane up to $51,000,000 of the funds provided under for increased efforts to oversee emergency Sandy for the purposes of determining their this heading shall be used to expedite con- response and recovery activities related to effectiveness and making recommendations tinuing authorities projects along the coast- natural disasters, $10,000,000, to remain for improvements thereto: Provided further, al areas in States impacted by Hurricane available until expended: Provided, That such That as a part of the study, the Secretary Sandy within the boundaries of the North amount is designated by the Congress as shall identify institutional and other bar- Atlantic Division: Provided further, That being for an emergency requirement pursu- riers to providing comprehensive protection $9,000,000 of the funds provided under this ant section 251(b)(2)(A)(i) of the Balanced to affected coastal areas and shall provide heading shall be used for repairs to projects Budget and Emergency Deficit Control Act

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of 1985: Provided further, That the Assistant OFFICE OF INSPECTOR GENERAL erty to be replaced, with associated costs, Secretary of the Army for Civil Works shall For an additional amount for ‘‘Office of In- shall be submitted to the Committees on Ap- provide a monthly report to the Committees spector General’’ for necessary expenses re- propriations of the Senate and the House of on Appropriations of the House of Represent- lated to the consequences of Hurricane Representatives no later than 90 days after atives and the Senate detailing the alloca- Sandy and other disasters, $5,000,000, to re- the date of enactment of this Act. tion and obligation of these funds, beginning main available until expended: Provided, U.S. IMMIGRATION AND CUSTOMS not later than 60 days after enactment of That such amount is designated by the Con- ENFORCEMENT this Act. gress as being for an emergency requirement SALARIES AND EXPENSES TITLE V pursuant to section 251(b)(2)(A)(i) of the Bal- For an additional amount for ‘‘Salaries INDEPENDENT AGENCIES anced Budget and Emergency Deficit Control and Expenses’’ for necessary expenses related GENERAL SERVICES ADMINISTRATION Act of 1985. to the consequences of Hurricane Sandy, REAL PROPERTY ACTIVITIES DISASTER LOANS PROGRAM ACCOUNT $855,000: Provided, That such amount is des- FEDERAL BUILDINGS FUND (INCLUDING TRANSFER OF FUNDS) ignated by the Congress as being for an For an additional amount to be deposited For an additional amount for ‘‘Disaster emergency requirement pursuant to section in the ‘‘Federal Buildings Fund’’, $7,000,000, Loans Program Account’’ for the cost of di- 251(b)(2)(A)(i) of the Balanced Budget and to remain available until expended, notwith- rect loans authorized by section 7(b) of the Emergency Deficit Control Act of 1985: Pro- standing 40 U.S.C. 3307, for necessary ex- Small Business Act, for necessary expenses vided further, That a description of all prop- penses related to the consequences of Hurri- related to Hurricane Sandy and other disas- erty to be replaced, with associated costs, cane Sandy, including repair and alteration ters, $500,000,000, to remain available until shall be submitted to the Committees on Ap- of buildings under the custody and control of expended: Provided, That such costs, includ- propriations of the Senate and the House of the Administrator of General Services, and ing the cost of modifying such loans, shall be Representatives no later than 90 days after real property management and related ac- as defined in section 502 of the Congressional the date of enactment of this Act. tivities not otherwise provided for: Provided, Budget Act of 1974: Provided further, That in COAST GUARD That such amount is designated by the Con- addition, for administrative expenses to ACQUISITION, CONSTRUCTION, AND gress as being for an emergency requirement carry out the direct loan program authorized IMPROVEMENTS pursuant to section 251(b)(2)(A)(i) of the Bal- by section 7(b) of the Small Business Act in (INCLUDING TRANSFER OF FUNDS) anced Budget and Emergency Deficit Control response to Hurricane Sandy and other disas- For an additional amount for ‘‘Acquisition, Act of 1985. ters, $260,000,000, to remain available until Construction, and Improvements’’ for nec- SMALL BUSINESS ADMINISTRATION expended, of which $250,000,000 is for direct essary expenses related to the consequences SALARIES AND EXPENSES administrative expenses of loan making and of Hurricane Sandy, $274,233,000, to remain servicing to carry out the direct loan pro- For an additional amount for ‘‘Salaries available until September 30, 2017: Provided, gram, which may be transferred to and and Expenses’’, $40,000,000, to remain avail- That such amount is designated by the Con- merged with the appropriations for Salaries able until September 30, 2014, of which gress as being for an emergency requirement and Expenses; and of which $10,000,000 is for $20,000,000 is for grants to or cooperative pursuant to section 251(b)(2)(A)(i) of the Bal- indirect administrative expenses for the di- agreements with organizations to provide anced Budget and Emergency Deficit Control rect loan program, which may be transferred technical assistance related to disaster re- Act of 1985: Provided further, That notwith- to and merged with the appropriations for covery, response, and long-term resiliency to standing the transfer limitation contained in Salaries and Expenses: Provided further, That small businesses that are recovering from section 503 of division D of Public Law 112–74, such amounts are designated by the Congress Hurricane Sandy; and of which $20,000,000 is such funding may be transferred to other as being for an emergency requirement pur- for grants or cooperative agreements for Coast Guard appropriations after notifica- suant to section 251(b)(2)(A)(i) of the Bal- public-private partnerships to provide long- tion as required in accordance with such sec- anced Budget and Emergency Deficit Control term economic development assistance to in- tion: Provided further, That a description all Act of 1985. dustries and/or regions affected by Hurricane facilities and property to be reconstructed Sandy through economic development initia- GENERAL PROVISIONS—THIS TITLE and restored, with associated costs and time tives, including innovation clusters, industry SEC. 501. Section 411(a)(1) of the Small lines, shall be submitted to the Committees accelerators, supply-chain support, commer- Business Investment Act of 1958 (15 U.S.C. on Appropriations of the Senate and the cialization, and workforce development: Pro- 694b(a)(1)) is amended by striking ‘‘$2,000,000’’ House of Representatives no later than 90 vided, That the Small Business Administra- and inserting ‘‘$5,000,000’’. days after the date of enactment of this Act. tion (SBA) shall expedite the delivery of as- SEC. 502. Section 7(d)(6) of the Small Busi- UNITED STATES SECRET SERVICE sistance in disaster-affected areas by award- ness Act (15 U.S.C. 636(d)(6)) is amended by SALARIES AND EXPENSES ing grants or cooperative agreements for inserting after ‘‘which are made under para- For an additional amount for ‘‘Salaries technical assistance only to current recipi- graph (1) of subsection (b)’’ the following: ‘‘: and Expenses’’ for necessary expenses related ents of SBA grants or cooperative agree- Provided further, That the Administrator, in to the consequences of Hurricane Sandy, ments using a streamlined application proc- obtaining the best available collateral for a $300,000: Provided, That such amount is des- ess that relies, to the maximum extent prac- loan of not more than $200,000 under para- ignated by the Congress as being for an ticable, upon previously submitted docu- graph (1) or (2) of subsection (b) relating to emergency requirement pursuant to section mentation: Provided further, That the Admin- damage to or destruction of the property of, 251(b)(2)(A)(i) of the Balanced Budget and istrator of the Small Business Administra- or economic injury to, a small business con- Emergency Deficit Control Act of 1985: Pro- tion shall waive the matching requirements cern, shall not require the owner of the small vided further, That a description of all prop- under section 21(a)(4)(A) and 29(c) of the business concern to use the primary resi- erty to be replaced, with associated costs, Small Business Act for any grant made using dence of the owner as collateral if the Ad- shall be submitted to the Committees on Ap- funds made available under this heading: ministrator determines that the owner has propriations of the Senate and the House of Provided further, That in designing appro- other assets with a value equal to or greater Representatives no later than 90 days after priate economic development initiatives and than the amount of the loan that could be the date of enactment of this Act. identifying those regions and industries used as collateral for the loan: Provided fur- FEDERAL EMERGENCY MANAGEMENT AGENCY most affected by Hurricane Sandy, the SBA ther, That nothing in the preceding proviso shall work with other Federal agencies, may be construed to reduce the amount of DISASTER RELIEF FUND State and local economic development enti- collateral required by the Administrator in (INCLUDING TRANSFER OF FUNDS) ties, institutions of higher learning, and pri- connection with a loan described in the pre- For an additional amount for the ‘‘Disaster vate sector partners: Provided further, That ceding proviso or to modify the standards Relief Fund’’ in carrying out the Robert T. grants or cooperative agreements for public- used to evaluate the quality (rather than the Stafford Disaster Relief and Emergency As- private partnerships may be awarded to pub- type) of such collateral’’. sistance Act (42 U.S.C. 5121 et seq.), lic or private nonprofit organizations, or any TITLE VI $11,487,735,000, to remain available until ex- combination thereof: Provided further, That DEPARTMENT OF HOMELAND SECURITY pended: Provided, That of the total amount no later than 30 days after the date of enact- provided, $5,379,000,000 shall be for major dis- ment of this Act, or no less than 7 days prior U.S. CUSTOMS AND BORDER PROTECTION asters declared pursuant to the Robert T. to obligation of funds, whichever occurs ear- SALARIES AND EXPENSES Stafford Disaster Relief and Emergency As- lier, the SBA shall submit to the Commit- For an additional amount for ‘‘Salaries sistance Act (42 U.S.C. 5121 et seq.): Provided tees on Appropriations of the House of Rep- and Expenses’’ for necessary expenses related further, That the amount in the previous pro- resentatives and the Senate a detailed ex- to the consequences of Hurricane Sandy, viso is designated by the Congress as being penditure plan for funds provided under this $1,667,000: Provided, That such amount is des- for disaster relief pursuant to section heading: Provided further, That such amounts ignated by the Congress as being for an 251(b)(2)(D) of the Balanced Budget and are designated by the Congress as being for emergency requirement pursuant to section Emergency Deficit Control Act of 1985: Pro- an emergency requirement pursuant to sec- 251(b)(2)(A)(i) of the Balanced Budget and vided further, That of the total amount pro- tion 251(b)(2)(A)(i) of the Balanced Budget Emergency Deficit Control Act of 1985: Pro- vided, $6,108,735,000 is designated by the Con- and Emergency Deficit Control Act of 1985. vided further, That a description of all prop- gress as being for an emergency requirement

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pursuant to section 251(b)(2)(A)(i) of the Bal- SEC. 603. For determinations regarding ered hazard mitigation land if the Adminis- anced Budget and Emergency Deficit Control compliance with codes and standards under trator and the Chief of Engineers determine, Act of 1985 which shall be for major disasters the Federal Emergency Management Agency through a process established by the Admin- declared pursuant to the Robert T. Stafford Public Assistance program (42 U.S.C. 5172), istrator and Chief of Engineers and funded Disaster Relief and Emergency Assistance the Administrator of the Federal Emergency entirely by the State, local, or tribal govern- Act (42 U.S.C. 5121 et seq.): Provided further, Management Agency, for major disasters de- ment seeking to construct the proposed That of the total amount provided, $3,000,000 clared on or after August 27, 2011, shall con- levee, that— shall be transferred to the Department of sider eligible the costs required to comply (1) construction of the proposed permanent Homeland Security ‘‘Office of Inspector Gen- with a State’s Stream Alteration General flood risk reduction levee would more effec- eral’’ for audits and investigations related to Permit process, including any design stand- tively mitigate against flooding risk than an disasters. ards required to be met as a condition of per- open floodplain or other flood risk reduction DISASTER ASSISTANCE DIRECT LOAN PROGRAM mit issuance. measures; ACCOUNT SEC. 604. Notwithstanding any other provi- (2) the proposed permanent flood risk re- For an additional amount for the cost of sion of law, the Administrator of the Federal duction levee complies with Federal, State, direct loans, $300,000,000, to remain available Emergency Management may recommend to and local requirements, including mitigation until expended, as authorized by section 417 the President an increase in the Federal cost of adverse impacts and implementation of of the Robert T. Stafford Disaster Relief and share of the eligible cost of permanent work floodplain management requirements, which Emergency Assistance Act (42 U.S.C. 5184), of under section 406 and of emergency work shall include an evaluation of whether the which up to $4,000,000 is for administrative under section 403 and section 407 of the Rob- construction, operation, and maintenance of expenses to carry out the direct loan pro- ert T. Stafford Disaster Relief and Emer- the proposed levee would continue to meet gram: Provided, That such costs, including gency Assistance Act (42 U.S.C. 5172) for best available industry standards and prac- the cost of modifying such loans, shall be as damages resulting from Hurricane Sandy tices and would be the most cost-effective defined in section 502 of the Congressional without delay. measure to protect against the assessed flood Budget Act of 1974: Provided further, That SEC. 605. In administering the funds made risk and minimizes future costs to the Fed- these funds are available to subsidize gross available to address any major disaster de- eral Government; (3) the State, local, or tribal government obligations for the principal amount of di- clared during the period beginning on August seeking to construct the proposed levee has rect loans not to exceed $400,000,000: Provided 27, 2011 and ending on December 5, 2012, the provided an adequate maintenance plan that further, That these amounts are designated Administrator of the Federal Emergency documents the procedures the State, local, by the Congress as an emergency require- Management Agency shall establish a pilot or tribal government will use to ensure that ment pursuant to section 251(b)(2)(A)(i) of program for the relocation of State facilities the stability, height, and overall integrity of the Balanced Budget and Emergency Deficit under section 406 of the Robert T. Stafford the proposed levee and the structure and sys- Control Act of 1985. Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), under which the Admin- tems of the proposed levee are maintained, SCIENCE AND TECHNOLOGY istrator may waive, or specify alternative re- including— RESEARCH, DEVELOPMENT, ACQUISITION, AND quirements for, any regulation the Adminis- (A) specifying the maintenance activities OPERATIONS trator administers to provide assistance, to be performed; For an additional amount for ‘‘Research, consistent with the National Environmental (B) specifying the frequency with which Development, Acquisition, and Operations’’ Policy Act of 1969 (42 U.S.C. 4321 et seq.), for maintenance activities will be performed; for necessary expenses related to the con- the permanent relocation of State facilities, (C) specifying the person responsible for sequences of Hurricane Sandy, $3,249,000, to including administrative office buildings, performing each maintenance activity (by remain available until September 30, 2017: medical facilities, laboratories, and related name or title); Provided, That such amount is designated by operating infrastructure (including heat, (D) detailing the plan for financing the the Congress as being for an emergency re- sewage, mechanical, electrical, and plumb- maintenance of the levee; and (E) documenting the ability of the State, quirement pursuant to section 251(b)(2)(A)(i) ing), that were significantly damaged as a local, or tribal government to finance the of the Balanced Budget and Emergency Def- result of the major disaster, are subject to maintenance of the levee. icit Control Act of 1985. flood risk, and are otherwise eligible for re- (c) MAINTENANCE CERTIFICATION.— DOMESTIC NUCLEAR DETECTION OFFICE pair, restoration, reconstruction, or replace- (1) IN GENERAL.—A State, local, or tribal SYSTEMS ACQUISITION ment under section 406 of that Act, if the Ad- government that constructs a permanent For an additional amount for ‘‘Systems ministrator determines that such relocation flood risk reduction levee under subsection Acquisition’’ for necessary expenses related is practicable, and will be cost effective or (b) shall submit to the Administrator and to the consequences of Hurricane Sandy for more appropriate than repairing, restoring, the Chief of Engineers an annual certifi- replacing or repairing U.S. Customs and Bor- reconstructing, or replacing the facility in cation indicating whether the State, local, der Protection equipment, $3,869,000, to re- its pre-disaster location, and if such reloca- or tribal government is in compliance with main available until September 30, 2015: Pro- tion will effectively mitigate the flood risk the maintenance plan provided under sub- vided, That such amount is designated by the to the facility. section (b)(3). Congress as being for an emergency require- LEVEES (2) REVIEW.—The Chief of Engineers shall ment pursuant to section 251(b)(2)(A)(i) of SEC. 606. (a) DEFINITIONS.—In this section— review a certification submitted under para- the Balanced Budget and Emergency Deficit (1) the term ‘‘Administrator’’ means the graph (1) and determine whether the State, Control Act of 1985. Administrator of the Federal Emergency local, or tribal government has complied GENERAL PROVISIONS—THIS TITLE Management Agency; and with the maintenance plan. SEC. 601. (a) Section 1309(a) of the National (2) the term ‘‘covered hazard mitigation SEC. 607. The Administrator of the Federal Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) land’’ means land— Emergency Management Agency shall cancel is amended by striking ‘‘$20,725,000,000’’ and (A) acquired and deed restricted under sec- the liquidated balances of all remaining inserting ‘‘$30,425,000,000’’. tion 404(b) of the Robert T. Stafford Disaster uncancelled or partially cancelled loans dis- (b) The amount provided by this section is Relief and Emergency Assistance Act (42 bursed under the Community Disaster Loan designated by the Congress as an emergency U.S.C. 5170c(b)) before, on, or after the date Act of 2005 (Public Law 109–88) and the Emer- requirement pursuant to section of enactment of this Act; and gency Supplemental Appropriations Act for 251(b)(2)(A)(i) of the Balanced Budget and (B) that is located— Defense, the Global War on Terror, and Hur- Emergency Deficit Control Act of 1985 and as (i) in a West North Central State; and ricane Recovery, 2006 (Public Law 109–234), as an emergency requirement pursuant to sec- (ii) in a community that— amended by section 4502 of the U.S. Troop tion 4(g) of the Statutory Pay-As-You-Go (I) is participating in the National Flood Readiness, Veterans’ Care, Katrina Recov- Act of 2010. Insurance Program on the date on which a ery, and Iraq Accountability Appropriations (c) EFFECTIVE DATE.—The amendment State, local, or tribal government submits Act, 2007 (Public Law 110–28) to the extent made by subsection (a) shall be considered to an application requesting to construct a per- that revenues of the local government during have taken effect on December 12, 2012. manent flood risk reduction levee under sub- the period following the major disaster are SEC. 602. The Administrator of the Federal section (b); and insufficient to meet the budget of the local Emergency Management Agency, in coopera- (II) certifies to the Administrator and the government, including additional disaster- tion with representatives of State, tribal, Chief of Engineers that the community will related expenses of a municipal character. In and local governments may give greater continue to participate in the National calculating a community’s revenues while weight to the factors considered under sec- Flood Insurance Program. determining cancellation, the Administrator tion 206.48(b)(3) of title 44, Code of Federal (b) AUTHORITY.—Notwithstanding clause (i) shall exclude revenues for special districts Regulations, to accurately measure the or (ii) of section 404(b)(2)(B) of the Robert T. and any other revenues that are required by acute needs of a population following a dis- Stafford Disaster Relief and Emergency As- law to be disbursed to other units of local aster in order to expedite a declaration of In- sistance Act (42 U.S.C. 5170c(b)(2)(B)), the Ad- government or used for specific purposes dividual Assistance under the Robert T. ministrator shall approve the construction more limited than the scope allowed by the Stafford Disaster Relief and Emergency As- of a permanent flood risk reduction levee by General Fund. In calculating a community’s sistance Act (42 U.S.C. 5121 et seq.). a State, local, or tribal government on cov- expenses, the Administrator shall include

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disaster-related capital expenses for which views under the National Environmental ‘‘(c) GOALS.—Any procedures adopted the community has not been reimbursed by Policy Act and historic preservation reviews under subsection (b) shall further the goals Federal or insurance proceeds, debt service under the National Historic Preservation of— expenses, and accrued but unpaid uncompen- Act are completed on an expeditious basis; ‘‘(1) reducing the costs to the Federal Gov- sated absences (vacation and sick pay). In and ernment of providing such assistance; calculating the operating deficit of the local ‘‘(B) the shortest existing applicable proc- ‘‘(2) increasing flexibility in the adminis- government, the Administrator shall also ess under the National Environmental Policy tration of such assistance; consider all interfund transfers. When con- Act and the National Historic Preservation ‘‘(3) expediting the provision of such assist- sidering the period following the disaster, Act shall be utilized. ance to States, tribal, and local governments the Administrator may consider a period of ‘‘(2) AUTHORITY FOR OTHER EXPEDITED PRO- and to owners or operators of private non- 3, 5, or 7 full fiscal years after the disaster, CEDURES.—The President may utilize expe- profit facilities; and beginning on the date of the declaration, in dited procedures in addition to those re- ‘‘(4) providing financial incentives and dis- determining eligibility for cancellation. The quired under paragraph (1) for the purpose of incentives for the State, tribal, or local gov- criteria for cancellation do not apply to providing assistance under this section, such ernment, or owner or operator of a private those loans already cancelled in full. Appli- as those under the Prototype Programmatic nonprofit facility for the timely and cost-ef- cants shall submit supplemental documenta- Agreement of the Federal Emergency Man- fective completion of projects with such as- tion in support of their applications for can- agement Agency, for the consideration of sistance. cellation on or before April 30, 2014, and the multiple structures as a group and for an ‘‘(d) VOLUNTARY PARTICIPATION.—Partici- Administrator shall issue determinations analysis of the cost-effectiveness and fulfill- pation in alternative procedures adopted and resolve any appeals on or before April 30, ment of cost-share requirements for proposed under this section shall be at the election of 2015. Loans not cancelled in full shall be re- hazard mitigation measures. a State, tribal, or local government, or owner or operator of a private nonprofit fa- paid not later than September 30, 2035. The ‘‘(e) ADVANCE ASSISTANCE.—The President cility consistent with procedures determined Administrator may use funds provided under may provide not more than 25 percent of the by the Administrator. Public Law 109–88 to reimburse those com- amount of the estimated cost of hazard miti- munities that have repaid all or a portion of ‘‘(e) REQUIREMENTS FOR PROCEDURES.—The gation measures to a State grantee eligible alternative procedures adopted under sub- loans, including interest, provided as Special for a grant under this section before eligible Community Disaster Loans under Public section (b) shall include— costs are incurred.’’. ‘‘(1) for repair, restoration, and replace- Law 109–88 or Public Law 109–234, as amended (2) ESTABLISHMENT OF CRITERIA RELATING by section 4502 of Public Law 110–28. Further, ment of damaged facilities under section TO ADMINISTRATION OF HAZARD MITIGATION AS- the Administrator may use funds provided 406— SISTANCE BY STATES.—Section 404(c)(2) of the under Public Law 109–88 for necessary ex- ‘‘(A) making grants on the basis of fixed Robert T. Stafford Disaster Relief and Emer- estimates, if the State, tribal, or local gov- penses to carry out this provision: Provided, gency Assistance Act (42 U.S.C. 5170c(c)(2)) is That the entire amount is designated by the ernment, or owner or operator of the private amended by inserting ‘‘Until such time as nonprofit facility agrees to be responsible for Congress as an emergency requirement pur- the Administrator promulgates regulations suant to section 251(b)(2)(A)(i) of the Bal- any actual costs that exceed the estimate; to implement this paragraph, the Adminis- anced Budget and Emergency Deficit Control ‘‘(B) providing an option for a State, tribal, trator may waive notice and comment rule- Act of 1985. or local government, or owner or operator of making if the Administrator determines SEC. 608. The Inspector General shall re- a private nonprofit facility to elect to re- view the applications for public assistance doing so is necessary to expeditiously imple- ceive an in-lieu contribution, without reduc- provided through the Disaster Relief Fund ment this section and may carry out the al- tion, on the basis of estimates of— with a project cost that exceeds $10,000,000 ternative procedures under this section as a ‘‘(i) the cost of repair, restoration, recon- and the resulting decisions issued by the pilot program’’ after ‘‘applications sub- struction, or replacement of a public facility Federal Emergency Management Agency for mitted under paragraph (1).’’. owned or controlled by the State, tribal, or category A debris removal for DR–1786 upon (3) APPLICABILITY.—The authority under local government or the owner or operator of receipt of a request from an applicant made the amendments made by this subsection a private nonprofit facility; and no earlier than 90 days after filing an appeal shall apply for— ‘‘(ii) management expenses; with the Federal Emergency Management (A) any major disaster or emergency de- ‘‘(C) consolidating, to the extent deter- Agency without regard to whether the Ad- clared under the Robert T. Stafford Disaster mined appropriate by the Administrator, the ministrator of the Federal Emergency Man- Relief and Emergency Assistance Act (42 facilities of a State, tribal, or local govern- agement Agency has issued a final agency U.S.C. 5121 et seq.) on or after the date of en- ment, or owner or operator of a private non- determination on the application for assist- actment of this Act; and profit facility as a single project based upon ance: Provided, That not later than 180 days (B) a major disaster or emergency declared the estimates adopted under the procedures; after the date of such request, the Inspector before the date of enactment of this Act for ‘‘(D) if the actual costs of a project com- General shall determine whether the Federal which the period for processing requests for pleted under the procedures are less than the Emergency Management Agency correctly assistance has not ended on the date of en- estimated costs thereof, the Administrator applied its rules and regulations to deter- actment of this Act. may permit a grantee or subgrantee to use mine eligibility of the applicant’s claim: Pro- (c) PUBLIC ASSISTANCE PROGRAM ALTER- all or part of the excess funds for purposes vided further, That if the Inspector General NATIVE PROCEDURES.—Title IV of the Robert of— finds that the Federal Emergency Manage- T. Stafford Disaster Relief and Emergency ‘‘(i) cost-effective activities that reduce ment Agency determinations related to eli- Assistance Act (42 U.S.C. 5170 et seq.) is the risk of future damage, hardship, or suf- gibility and cost involved a misapplication amended— fering from a major disaster; and of its rules and regulations, the applicant (1) by redesignating section 425 (42 U.S.C. ‘‘(ii) other activities to improve future may submit the dispute to the arbitration 5189e) relating to essential service providers, Public Assistance operations or planning; process established under the authority as added by section 607 of the SAFE Port Act ‘‘(E) in determining eligible cost under sec- granted under section 601 of Public Law 111– (Public Law 109–347; 120 Stat. 1941) as section tion 406, the Administrator shall make avail- 5 not later than 15 days after the date of 427; and able, at an applicant’s request and where the issuance of the Inspector General’s finding in (2) by adding at the end the following: Federal Emergency Management Agency or the previous proviso: Provided further, That if ‘‘SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTER- the certified cost estimate prepared by the the Inspector General finds that the Federal NATIVE PROCEDURES. applicant’s professionally licensed engineers Emergency Management Agency provided ‘‘(a) IN GENERAL.—The Administrator of has estimated an eligible Federal share for a unauthorized funding, that the Federal the Federal Emergency Management Agency project of not less than $5,000,000, an inde- Emergency Management Agency shall take may approve projects under the alternative pendent expert panel to validate the esti- corrective action. procedures adopted under this section for— mated eligible cost consistent with applica- DISASTER RECOVERY ‘‘(1) any major disaster or emergency de- ble regulations and policies implementing SEC. 609. (a) SHORT TITLE.—This section clared on or after the date of enactment of this section; may be cited as the ‘‘Disaster Recovery Act this section; and ‘‘(F) in determining eligible cost under sec- of 2012’’. ‘‘(2) any project relating to a major dis- tion 406, the Administrator shall, at the ap- (b) HAZARD MITIGATION.— aster or emergency declared before the date plicant’s request, consider properly con- (1) IN GENERAL.—Section 404 of the Robert of enactment of this section for which con- ducted and certified cost estimates prepared T. Stafford Disaster Relief and Emergency struction has not begun on the date of enact- by professionally licensed engineers (mutu- Assistance Act (42 U.S.C. 5170c) is amended ment of this section. ally agreed upon by the Administrator and by adding at the end the following: ‘‘(b) ADOPTION.—The Administrator, in co- the applicant), to the extent that such esti- (d) EXPEDITED PROCEDURES.— ordination with States, tribal, and local gov- mates comply with applicable regulation, ‘‘(1) IN GENERAL.—For the purpose of pro- ernments, and owners or operators of private policy, and guidance; and viding assistance under this section, the nonprofit facilities, may adopt alternative ‘‘(2) for debris removal under sections President shall ensure that— procedures to administer assistance provided 403(a)(3)(A), 407, and 502(a)(5)— ‘‘(A) adequate resources are devoted to en- under sections 403(a)(3)(A), 406, 407, and ‘‘(A) making grants on the basis of fixed suring that applicable environmental re- 502(a)(5). estimates to provide financial incentives and

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disincentives for the timely or cost effective ‘‘(2) AMOUNT.—After the Administrator (2) PROCEDURES.— completion if the State, tribal, or local gov- submits the report required under paragraph (A) IN GENERAL.—Not later than 180 days ernment, or owner or operator of the private (1), the President shall direct the Adminis- after the date of enactment of this Act, and nonprofit facility agrees to be responsible to trator to— in order to facilitate an efficient recovery pay for any actual costs that exceed the esti- ‘‘(A) immediately establish a threshold for from major disasters, the Administrator mate; eligibility under this section in an appro- shall establish procedures under which an ‘‘(B) using a sliding scale for the Federal priate amount, without regard to chapter 5 applicant may request the use of alternative share for removal of debris and wreckage of title 5, United States Code; and dispute resolution, including arbitration by based on the time it takes to complete debris ‘‘(B) adjust the threshold annually to re- an independent review panel, to resolve dis- and wreckage removal; flect changes in the Consumer Price Index putes relating to eligible assistance. ‘‘(C) allowing use of program income from for all Urban Consumers published by the (B) BINDING EFFECT.—A decision by an recycled debris without offset to the grant Department of Labor. independent review panel under this sub- amount; ‘‘(3) REVIEW.—Not later than 3 years after section shall be binding upon the parties to ‘‘(D) reimbursing base and overtime wages the date on which the Administrator estab- the dispute. for employees and extra hires of a State, lishes a threshold under paragraph (2), and (C) CONSIDERATIONS.—The procedures es- tribal, or local government, or owner or op- every 3 years thereafter, the President, act- tablished under this subsection shall— erator of a private nonprofit facility per- ing through the Administrator, shall review (i) allow a party of a dispute relating to el- forming or administering debris and wreck- the threshold for eligibility under this sec- igible assistance to request an independent age removal; tion.’’. review panel for the review; ‘‘(E) providing incentives to State, tribal, (e) ESSENTIAL ASSISTANCE.—Section 403 of (ii) require a party requesting an inde- and local governments to have a debris man- the Robert T. Stafford Disaster Relief and pendent review panel as described in clause agement plan approved by the Federal Emer- Emergency Assistance Act (42 U.S.C. 5170b) (i) to agree to forego rights to any further gency Management Agency and have pre- is amended by adding at the end the fol- appeal of the dispute relating to any eligible qualified one or more debris and wreckage lowing: assistance; removal contractors before the date of dec- ‘‘(d) SALARIES AND BENEFITS.— (iii) require that the sponsor of an inde- laration of the major disaster; and ‘‘(1) IN GENERAL.—The President may reim- pendent review panel for any alternative dis- ‘‘(F) if the actual costs of projects under burse a State, tribal, or local government for pute resolution under this subsection shall subparagraph (A) are less than the estimated costs relating to pay and benefits (including be— costs of the project, the Administrator may overtime and hazardous duty pay) for perma- (I) an individual or entity unaffiliated with permit a grantee or subgrantee to use all or nent employees of the State, tribal, or local the dispute (which may include a Federal part of the excess funds for— government conducting emergency protec- agency, an administrative law judge, or a re- ‘‘(i) debris management planning; tive measures under this section, provided employed annuitant who was an employee of ‘‘(ii) acquisition of debris management such work is not typically performed by such the Federal Government) selected by the Ad- equipment for current or future use; and employees and the type of work may other- ministrator; and ‘‘(iii) other activities to improve future de- wise be carried out by contract or agreement (II) responsible for identifying and main- bris removal operations, as determined by with private organizations, firms, or individ- taining an adequate number of independent the Administrator. experts qualified to review and resolve dis- uals. ‘‘(f) WAIVER AUTHORITY.—Until such time putes under this subsection; ‘‘(2) OVERTIME.—The guidelines for reim- as the Administrator promulgates regula- (iv) require an independent review panel bursement for costs under paragraph (1) shall tions to implement this section, the Admin- to— assure that no State, tribal, or local govern- istrator may waive notice and comment (I) resolve any remaining disputed issue in ment is denied reimbursement for overtime rulemaking, if the Administrator determines accordance with all applicable laws, regula- payments that are required pursuant to the the waiver is necessary to expeditiously im- tions, and Federal Emergency Management Fair Labor Standards Act of 1938 (29 U.S.C. plement this section, and may carry out the Agency interpretations of those laws 201 et seq.).’’. alternative procedures under this section as through its published policies and guidance; (f) UNIFIED FEDERAL REVIEW.—Title IV of a pilot program. (II) consider only evidence contained in the ‘‘(g) REIMBURSEMENT.—The guidelines for the Robert T. Stafford Disaster Relief and administrative record, as it existed at the reimbursement for costs under subsection Emergency Assistance Act, as amended by time at which the Federal Emergency Man- (e)(2)(D) shall assure that no State, tribal, or subsection (c), is amended by adding at the agement Agency made its initial decision; local government is denied reimbursement end the following: (III) only set aside a decision of the Fed- for overtime payments that are required pur- ‘‘SEC. 429. UNIFIED FEDERAL REVIEW. eral Emergency Management Agency found suant to the Fair Labor Standards Act of ‘‘(a) IN GENERAL.—Not later than 18 to be arbitrary, capricious, an abuse of dis- 1938 (29 U.S.C. 201 et seq.).’’. months after the date of enactment of the cretion, or otherwise not in accordance with (d) SIMPLIFIED PROCEDURES.—Section 422 of Disaster Recovery Act of 2012, and in con- law; and the Robert T. Stafford Disaster Relief and sultation with the Council on Environmental (IV) in the case of a finding of material Emergency Assistance Act (42 U.S.C. 5189) is Quality and the Advisory Council on Historic fact adverse to the claimant made on first amended— Preservation, the President shall establish appeal, only set aside or reverse such finding (1) by striking ‘‘If the Federal estimate’’ an expedited and unified interagency review if the finding is clearly erroneous; and inserting the following: process to ensure compliance with environ- (v) require an independent review panel to ‘‘(a) IN GENERAL.—If the Federal esti- mate’’; mental and historic requirements under Fed- expeditiously issue a written decision for (2) by inserting ‘‘or, if the Administrator eral law relating to disaster recovery any alternative dispute resolution under this has established a threshold under subsection projects, in order to expedite the recovery subsection; and (b), the amount established under subsection process, consistent with applicable law. (vi) direct that if an independent review (b)’’ after ‘‘$35,000’’ the first place it appears; ‘‘(b) CONTENTS.—The review process estab- panel for any alternative dispute resolution (3) by inserting ‘‘or, if applicable, the lished under this section shall include mech- under this subsection determines that the amount established under subsection (b),’’ anisms to expeditiously address delays that basis upon which a party submits a request after ‘‘$35,000 amount’’; and may occur during the recovery from a major for alternative dispute resolution is frivo- (4) by adding at the end the following: disaster, and shall be updated as appropriate, lous, the independent review panel shall di- ‘‘(b) THRESHOLD.— consistent with applicable law.’’. rect the party to pay the reasonable costs of ‘‘(1) REPORT.—Not later than 1 year after (g) DISPUTE RESOLUTION PILOT PROGRAM.— the Federal Emergency Management Agency the date of enactment of the Disaster Recov- (1) DEFINITIONS.—In this subsection— relating to the review by the independent re- ery Act of 2012, the President, acting through (A) the term ‘‘Administrator’’ means the view panel. the Administrator of the Federal Emergency Administrator of the Federal Emergency (D) FUNDS RECEIVED.—Any funds received Management Agency (in this section referred Management Agency; and by the Federal Emergency Management to as the ‘Administrator’), shall— (B) the term ‘‘eligible assistance’’ means Agency under the authority under this sub- ‘‘(A) complete an analysis to determine assistance— section shall be deposited to the credit of the whether an increase in the threshold for eli- (i) under section 403, 406, or 407 of the Rob- appropriation or appropriations available for gibility under subsection (a) is appropriate, ert T. Stafford Disaster Relief and Emer- the eligible assistance in dispute on the date which shall include consideration of cost-ef- gency Assistance Act (42 U.S.C. 5170b, 5172, on which the funds are received. fectiveness, speed of recovery, capacity of 5173); (3) SUNSET.—A request for review by an grantees, past performance, and account- (ii) for which the legitimate amount in dis- independent review panel under this sub- ability measures; and pute is not less than $1,000,000, which the Ad- section may not be made after December 31, ‘‘(B) submit to the appropriate committees ministrator shall adjust annually to reflect 2015. of the Congress (as defined in section 602 of changes in the Consumer Price Index for all (4) REPORT.— the Post-Katrina Emergency Management Urban Consumers published by the Depart- (A) IN GENERAL.—Not later than 270 days Reform Act of 2006 (6 U.S.C. 701)) a report re- ment of Labor; and after the termination of authority under this garding the analysis conducted under sub- (iii) for which the applicant has a non-Fed- subsection pursuant to paragraph (3), the paragraph (A). eral share. Comptroller General of the United States

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.029 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8219 shall submit to the Committee on Homeland value of the improvements or repairs shall be ment for an emergency declaration, any ref- Security and Governmental Affairs of the deducted from the value of the lease agree- erence in this Act, except sections 310 and Senate and the Committee on Transpor- ment; and may not exceed the value of the 326, to a State or the Governor of a State is tation and Infrastructure of the House of lease agreement. deemed to refer to an affected Indian tribal Representatives a report analyzing the effec- ‘‘(III) PERIOD OF ASSISTANCE.—The Presi- government or the Chief Executive of an af- tiveness of the program under this sub- dent may not provide direct assistance under fected Indian tribal government, as appro- section. this clause with respect to a major disaster priate. (B) CONTENTS.—The report submitted after the end of the 18-month period begin- ‘‘(3) SAVINGS PROVISION.—Nothing in this under subparagraph (A) shall include— ning on the date of declaration of the major subsection shall prohibit an Indian tribal (i) a determination of the availability of disaster by the President, except that the government from receiving assistance under data required to complete the report; President may extend that period if the this Act through a declaration made by the (ii) an assessment of the effectiveness of President determines that due to extraor- President at the request of a State under the program under this subsection, including dinary circumstances an extension would be subsection (a) if the President does not make an assessment of whether the program expe- in the public interest.’’; and a declaration under this subsection for the dited or delayed the disaster recovery proc- (3) in clause (iv), as so redesignated, by same incident.’’. ess; striking ‘‘clause (ii)’’ and inserting ‘‘clause (3) DEFINITIONS.—Section 102 of the Robert (iii) an assessment of whether the program (iii)’’. T. Stafford Disaster Relief and Emergency increased or decreased costs to administer (k) TRIBAL REQUESTS FOR A MAJOR DIS- Assistance Act (42 U.S.C. 5122) is amended— section 403, 406, or 407 of the Robert T. Staf- ASTER OR EMERGENCY DECLARATION UNDER (A) in paragraph (7)(B) by striking ‘‘; and’’ ford Disaster Relief and Emergency Assist- THE STAFFORD ACT.— and inserting ‘‘, that is not an Indian tribal ance Act; (1) MAJOR DISASTER REQUESTS.—Section 401 government as defined in paragraph (6); (iv) an assessment of the procedures and of the Robert T. Stafford Disaster Relief and and’’; safeguards that the independent review pan- Emergency Assistance Act (42 U.S.C. 5170) is (B) by redesignating paragraphs (6) els established to ensure objectivity and ac- amended— through (10) as paragraphs (7) through (11), curacy, and the extent to which they fol- (A) by striking ‘‘All requests for a declara- respectively; lowed those procedures and safeguards; tion’’ and inserting ‘‘(a) IN GENERAL.—All re- (C) by inserting after paragraph (5) the fol- (v) a recommendation as to whether any quests for a declaration’’; and lowing: aspect of the program under this subsection (B) by adding at the end the following: ‘‘(6) INDIAN TRIBAL GOVERNMENT.—The term ‘‘(b) INDIAN TRIBAL GOVERNMENT RE- should be made a permanent authority; and ‘Indian tribal government’ means the gov- QUESTS.— (vi) recommendations for any modifica- erning body of any Indian or Alaska Native ‘‘(1) IN GENERAL.—The Chief Executive of tions to the authority or the administration tribe, band, nation, pueblo, village, or com- an affected Indian tribal government may of the authority under this subsection in munity that the Secretary of the Interior ac- submit a request for a declaration by the order to improve the disaster recovery proc- knowledges to exist as an Indian tribe under President that a major disaster exists con- ess. the Federally Recognized Indian Tribe List sistent with the requirements of subsection (h) INDIVIDUAL ASSISTANCE FACTORS.—In Act of 1994 (25 U.S.C. 479a et seq.).’’; and order to provide more objective criteria for (a). (D) by adding at the end the following: ‘‘(2) REFERENCES.—In implementing assist- evaluating the need for assistance to individ- ‘‘(12) CHIEF EXECUTIVE.—The term ‘Chief uals and to speed a declaration of a major ance authorized by the President under this Executive’ means the person who is the disaster or emergency under the Robert T. Act in response to a request of the Chief Ex- Chief, Chairman, Governor, President, or Stafford Disaster Relief and Emergency As- ecutive of an affected Indian tribal govern- similar executive official of an Indian tribal sistance Act (42 U.S.C. 5121 et seq.), not later ment for a major disaster declaration, any government.’’. reference in this Act, except sections 310 and than 1 year after the date of enactment of (4) REFERENCES.—Title I of the Robert T. this Act, the Administrator of the Federal 326, to a State or the Governor of a State is Stafford Disaster Relief and Emergency As- Emergency Management Agency, in coopera- deemed to refer to an affected Indian tribal sistance Act (42 U.S.C. 5121 et seq.) is amend- tion with representatives of State, tribal, government or the Chief Executive of an af- ed by adding after section 102 the following: fected Indian tribal government, as appro- and local emergency management agencies, ‘‘SEC. 103. REFERENCES. shall review, update, and revise through priate. ‘‘Except as otherwise specifically provided, rulemaking the factors considered under sec- ‘‘(3) SAVINGS PROVISION.—Nothing in this any reference in this Act to ‘State and local’, tion 206.48 of title 44, Code of Federal Regula- subsection shall prohibit an Indian tribal ‘State or local’, ‘State, and local’, ‘State, or tions (including section 206.48(b)(2) of such government from receiving assistance under local’, or ‘State, local’ (including the plural title relating to trauma and the specific con- this Act through a declaration made by the form of such terms) with respect to govern- ditions or losses that contribute to trauma), President at the request of a State under ments or officials and any reference to a to measure the severity, magnitude, and im- subsection (a) if the President does not make ‘local government’ in sections 406(d)(3) and pact of a disaster. a declaration under this subsection for the 417 shall be deemed to refer also to Indian (i) CHILD CARE.—Section 408(e)(1) of the same incident. tribal governments and officials, as appro- Robert T. Stafford Disaster Relief and Emer- ‘‘(c) COST SHARE ADJUSTMENTS FOR INDIAN priate.’’. gency Assistance Act (42 U.S.C. 5174(e)(1)) is TRIBAL GOVERNMENTS.— (5) REGULATIONS.— amended— ‘‘(1) IN GENERAL.—In providing assistance (A) ISSUANCE.—The President shall issue (1) in the paragraph heading, by inserting to an Indian tribal government under this regulations to carry out the amendments ‘‘CHILD CARE,’’ after ‘‘DENTAL,’’; and Act, the President may waive or adjust any made by this subsection. (2) by inserting ‘‘child care,’’ after ‘‘den- payment of a non-Federal contribution with (B) FACTORS.—In issuing regulations under tal,’’. respect to the assistance if— this paragraph, the President shall consider (j) TEMPORARY HOUSING.—Section ‘‘(A) the President has the authority to the unique conditions that affect the general 408(c)(1)(B) of the Robert T. Stafford Disaster waive or adjust the payment under another welfare of Indian tribal governments. Relief and Emergency Assistance Act (42 provision of this Act; and (l) REPORT.—Not later than 90 days after U.S.C. 5174(c)(1)(B)) is amended— ‘‘(B) the President determines that the the date of enactment of this Act, the Chair (1) by redesignating clauses (ii) and (iii) as waiver or adjustment is necessary and appro- of the Hurricane Sandy Rebuilding Task clauses (iii) and (iv), respectively; priate. Force established by the President, in con- (2) by inserting after clause (i) the fol- ‘‘(2) CRITERIA FOR MAKING DETERMINA- sultation with the Administrator of the Fed- lowing: TIONS.—The President shall establish criteria eral Emergency Management Agency, the ‘‘(ii) LEASE AND REPAIR OF RENTAL UNITS for making determinations under paragraph Secretary of the Treasury, and others whom FOR TEMPORARY HOUSING.— (1)(B).’’. the Chair determines to be appropriate, shall ‘‘(I) IN GENERAL.—The President, to the ex- (2) EMERGENCY REQUESTS.—Section 501 of submit to the Committee on Appropriations tent it would be a cost effective alternative the Robert T. Stafford Disaster Relief and and the Committee on Homeland Security to other temporary housing options, may— Emergency Assistance Act (42 U.S.C. 5191) is and Governmental Affairs of the Senate and ‘‘(aa) enter into lease agreements with amended by adding at the end the following: the Committee on Appropriations and the owners of multifamily rental property lo- ‘‘(c) INDIAN TRIBAL GOVERNMENT RE- Committee on Transportation and Infra- cated in areas covered by a major disaster QUESTS.— structure of the House of Representatives a declaration to house individuals and house- ‘‘(1) IN GENERAL.—The Chief Executive of report that includes a discussion of— holds eligible for assistance under this sec- an affected Indian tribal government may (1) the impacts of Hurricane Sandy on local tion; and submit a request for a declaration by the government budgets in States where a major ‘‘(bb) make repairs or improvement to President that an emergency exists con- disaster has been declared, including reve- properties under such lease agreements, to sistent with the requirements of subsection nues from taxes, fees, and other sources, and the extent necessary to serve as safe and (a). expenses related to operations, debt obliga- adequate temporary housing. ‘‘(2) REFERENCES.—In implementing assist- tions, and unreimbursed disaster-related ‘‘(II) IMPROVEMENTS OR REPAIRS.—Under ance authorized by the President under this costs; the terms of any lease agreement for prop- Act in response to a request of the Chief Ex- (2) the availability of loans from private erty entered into under this subsection, the ecutive of an affected Indian tribal govern- sources to address such impacts, including

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information on interest rates, repayment toric Preservation Act and costs needed to HAZARDOUS SUBSTANCE SUPERFUND terms, securitization requirements, and the administer the program: Provided, That For an additional amount for ‘‘Hazardous ability of affected local governments to qual- grants shall only be available for areas that Substance Superfund’’ for necessary ex- ify for such loans; have received a major disaster declaration penses related to the consequences of Hurri- (3) the availability of Federal resources to pursuant to the Robert T. Stafford Disaster cane Sandy, $2,000,000, to remain available address the budgetary impacts of Hurricane Relief and Emergency Assistance Act (42 until expended: Provided, That such amount Sandy upon local governments; U.S.C. 5121 et seq.): Provided further, That in- is designated by the Congress as being for an (4) the ability of the Community Disaster dividual grants shall not be subject to a non- emergency requirement pursuant to section Loan program authorized under section 417 Federal matching requirement: Provided fur- 251(b)(2)(A)(i) of the Balanced Budget and of the Robert T. Stafford Disaster Relief and ther, That such amount is designated by the Emergency Deficit Control Act of 1985. Emergency Assistance Act (42 U.S.C. 5184) to Congress as being for an emergency require- effectively and expeditiously address budg- ment pursuant to section 251(b)(2)(A)(i) of LEAKING UNDERGROUND STORAGE TANK FUND etary impacts of Hurricane Sandy and other the Balanced Budget and Emergency Deficit For an additional amount for ‘‘Leaking disasters upon local governments, includ- Control Act of 1985. Underground Storage Tank Fund’’ for nec- ing— CONSTRUCTION essary expenses related to the consequences (A) an assessment of the current statutory For an additional amount for ‘‘Construc- of Hurricane Sandy, $5,000,000, to remain limits on loan amounts; tion’’ for necessary expenses incurred to pre- available until expended: Provided, That such (B) the regulations, policies, and proce- pare for, respond to, and recover from Hurri- amount is designated by the Congress as dures governing program mobilization to cane Sandy, $348,000,000, to remain available being for an emergency requirement pursu- communities in need and expeditious proc- until expended: Provided, That such amount ant to section 251(b)(2)(A)(i) of the Balanced essing of loan applications; is designated by the Congress as being for an Budget and Emergency Deficit Control Act (C) information on interest rates, repay- emergency requirement pursuant to section of 1985. ment terms, securitization requirements, 251(b)(2)(A)(i) of the Balanced Budget and STATE AND TRIBAL ASSISTANCE GRANTS and ability of affected local governments to Emergency Deficit Control Act of 1985. qualify for such loans; BUREAU OF SAFETY AND ENVIRONMENTAL For an additional amount for ‘‘State and (D) criteria governing the cancellation of ENFORCEMENT Tribal Assistance Grants’’, $810,000,000, to re- such loans, including appropriate classifica- main available until expended, of which OIL SPILL RESEARCH tion of available revenues and eligible ex- $700,000,000 shall be for capitalization grants penses, and the consistency of program rules For an additional amount for ‘‘Oil Spill for the Clean Water State Revolving Funds with customary local government budgetary Research’’ for necessary expenses related to under Title VI of the Federal Water Pollu- practices and State or local laws that affect the consequences of Hurricane Sandy, tion Control Act, and of which $110,000,000 the specific budgetary practices of local gov- $3,000,000, to remain available until ex- shall be for capitalization grants under sec- ernments affected by Hurricane Sandy and pended: Provided, That such amount is des- tion 1452 of the Safe Drinking Water Act: other disasters; ignated by the Congress as being for an Provided, That notwithstanding section (E) repayment terms and timeframes on emergency requirement pursuant to section 604(a) of the Federal Water Pollution Control loans that do not qualify for cancellation; 251(b)(2)(A)(i) of the Balanced Budget and Act and section 1452(a)(1)(D) of the Safe (F) options for Congressional consideration Emergency Deficit Control Act of 1985. Drinking Water Act, funds appropriated related to legislative modifications of this DEPARTMENTAL OPERATIONS herein shall be provided to States that have program, and any other applicable provisions OFFICE OF THE SECRETARY received a major disaster declaration pursu- of Federal law, in order to address the budg- (INCLUDING TRANSFER OF FUNDS) ant to the Robert T. Stafford Disaster Relief etary impacts of Hurricane Sandy and other For an additional amount for ‘‘Depart- and Emergency Assistance Act (42 U.S.C. disasters upon local governments; and 5121 et seq.) for Hurricane Sandy: Provided (G) recommendations on steps the Federal mental Operations’’ and any Department of the Interior component bureau or office for further, That no eligible state shall receive Emergency Management Agency may take less than two percent of such funds: Provided in order to improve program administration, necessary expenses related to the con- sequences of Hurricane Sandy and for other further, That funds appropriated herein shall effectiveness, communications, and speed; not be subject to the matching or cost share and activities related to storms and natural dis- asters, $150,000,000, to remain available until requirements of sections 602(b)(2), 602(b)(3) or (5) potential consequences of Federal ac- 202 of the Federal Water Pollution Control tion or inaction to address the budgetary im- expended: Provided, That funds appropriated herein shall be used to restore and rebuild Act nor the matching requirements of sec- pacts of Hurricane Sandy upon local govern- tion 1452(e) of the Safe Drinking Water Act: ments. parks, refuges, and other public assets; in- crease the resiliency and capacity of coastal Provided further, That notwithstanding the (m) APPLICABILITY.—Unless otherwise spec- requirements of section 603(d) of the Federal ified, this section and the amendments made habitat and infrastructure to withstand fu- ture storms and reduce the amount of dam- Water Pollution Control Act, for the funds by this section shall apply for— appropriated herein, each State shall use not (1) any major disaster or emergency de- age caused by such storms; protect natural and cultural values; and assist State, tribal less than 50 percent of the amount of its cap- clared under the Robert T. Stafford Disaster italization grants to provide additional sub- and local governments: Provided further, Relief and Emergency Assistance Act (42 sidization to eligible recipients in the form U.S.C. 5121 et seq.) on or after the date of en- That the Secretary may transfer these funds to any other account in the Department and of forgiveness of principal, negative interest actment of this Act; and loans or grants or any combination of these: (2) a major disaster or emergency declared may expend such funds by direct expendi- ture, grants, or cooperative agreements, in- Provided further, That the funds appropriated before the date of enactment of this Act for herein shall only be used for eligible projects which the period for processing requests for cluding grants to or cooperative agreements with States, Tribes, and municipalities, to whose purpose is to reduce flood damage risk assistance has not ended on the date of en- and vulnerability or to enhance resiliency to carry out the purposes provided herein: Pro- actment of this Act. rapid hydrologic change or a natural disaster TITLE VII vided further, That the Secretary shall sub- mit to the Committees on Appropriations of at treatment works as defined by section 212 DEPARTMENT OF THE INTERIOR the House of Representatives and the Senate of the Federal Water Pollution Control Act FISH AND WILDLIFE SERVICE a detailed spending plan for the amounts or any eligible facilities under section 1452 of the Safe Drinking Water Act, and for other CONSTRUCTION provided herein within 60 days of enactment eligible tasks at such treatment works or fa- For an additional amount for ‘‘Construc- of this Act: Provided further, That such cilities necessary to further such purposes: tion’’ for necessary expenses incurred to pre- amount is designated by the Congress as Provided further, That notwithstanding the pare for, respond to, and recover from Hurri- being for an emergency requirement pursu- definition of treatment works in section 212 cane Sandy, $78,000,000, to remain available ant to section 251(b)(2)(A)(i) of the Balanced of the Federal Water Pollution Control Act, until expended: Provided, That such amount Budget and Emergency Deficit Control Act and subject to the purposes described herein, is designated by the Congress as being for an of 1985. the funds appropriated herein shall be avail- emergency requirement pursuant to section ENVIRONMENTAL PROTECTION AGENCY able for the purchase of land and easements 251(b)(2)(A)(i) of the Balanced Budget and ENVIRONMENTAL PROGRAMS AND MANAGEMENT necessary for the siting of eligible treatment Emergency Deficit Control Act of 1985. For an additional amount for ‘‘Environ- works projects: Provided further, That the NATIONAL PARK SERVICE mental Programs and Management’’ for nec- Administrator may retain up to $1,000,000 of HISTORIC PRESERVATION FUND essary expenses related to the consequences the funds appropriated herein for manage- For an additional amount for the ‘‘Historic of Hurricane Sandy, $725,000, to remain avail- ment and oversight of the requirements of Preservation Fund’’ for necessary expenses able until expended: Provided, That such this section: Provided further, That such related to the consequences of Hurricane amount is designated by the Congress as amounts are designated by the Congress as Sandy, $50,000,000, to remain available until being for an emergency requirement pursu- being for an emergency requirement pursu- September 30, 2015, including costs to states ant to section 251(b)(2)(A)(i) of the Balanced ant to section 251(b)(2)(A)(i) of the Balanced necessary to complete compliance activities Budget and Emergency Deficit Control Act Budget and Emergency Deficit Control Act required by section 106 of the National His- of 1985. of 1985.

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.029 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8221 RELATED AGENCIES tion 2005(a) of the Social Security Act, a Human Services, and shall be available only DEPARTMENT OF AGRICULTURE State may use up to 10 percent of its allot- for the purposes provided in this paragraph: ment of funds appropriated in this paragraph Provided further, That the transfer authority FOREST SERVICE to supplement any other funds available for provided in this paragraph is in addition to CAPITAL IMPROVEMENT AND MAINTENANCE the following costs, subject to guidelines es- any other transfer authority available in For an additional amount for ‘‘Capital Im- tablished by the Secretary, for health care this or any other Act: Provided further, That provement and Maintenance’’ for necessary providers (as defined by the Secretary): (a) obligations incurred for response activities expenses related to the consequences of Hur- payments to compensate employees of for Hurricane Sandy prior to the enactment ricane Sandy, $4,400,000, to remain available health care providers for wages lost as a di- of this Act may be charged to this appropria- until expended: Provided, That such amount rect result of Hurricane Sandy, and (b) pay- tion: Provided further, That funds appro- is designated by the Congress as being for an ments to support the viability of health care priated in this paragraph may be used for emergency requirement pursuant to section providers with facilities that were substan- renovating, repairing, or rebuilding non-Fed- 251(b)(2)(A)(i) of the Balanced Budget and tially damaged as a direct result of Hurri- eral research facilities damaged as a result Emergency Deficit Control Act of 1985. cane Sandy: Provided further, That funds ap- of Hurricane Sandy: Provided further, That OTHER RELATED AGENCY propriated in this paragraph are also avail- funds appropriated under this paragraph able for costs incurred up to 3 days prior to shall not be available for costs that are eligi- SMITHSONIAN INSTITUTION Hurricane Sandy’s October 29, 2012, landfall, ble for reimbursement by the Federal Emer- SALARIES AND EXPENSES subject to Federal review of documentation gency Management Agency or are covered by For an additional amount for ‘‘Salaries of the cost of services provided: Provided fur- insurance: Provided further, That such and Expenses’’ for necessary expenses related ther, That none of the funds appropriated in amount is designated by the Congress as to the consequences of Hurricane Sandy, this paragraph shall be available for costs being for an emergency requirement pursu- $2,000,000, to remain available until ex- that are reimbursed by the Federal Emer- ant to section 251(b)(2)(A)(i) of the Balanced pended: Provided, That such amount is des- gency Management Agency or insurance: Budget and Emergency Deficit Control Act ignated by the Congress as being for an Provided further, That, with respect to the of 1985. emergency requirement pursuant to section Federal interest in real property acquired or RELATED AGENCY 251(b)(2)(A)(i) of the Balanced Budget and on which construction or major renovation SOCIAL SECURITY ADMINISTRATION Emergency Deficit Control Act of 1985. of facilities (as such terms are defined in 45 TITLE VIII CFR 1309.3) is undertaken with these funds, LIMITATION ON ADMINISTRATIVE EXPENSES DEPARTMENT OF LABOR procedures equivalent to those specified in For an additional amount for ‘‘Limitation Subpart C of 45 CFR Part 1309 shall apply: on Administrative Expenses’’, $2,000,000, for EMPLOYMENT AND TRAINING ADMINISTRATION Provided further, That such amount is des- necessary expenses resulting from Hurricane TRAINING AND EMPLOYMENT SERVICES ignated by the Congress as being for an Sandy: Provided, That such amount is des- (INCLUDING TRANSFER OF FUNDS) emergency requirement pursuant to section ignated by the Congress as being for an For an additional amount for ‘‘Training 251(b)(2)(A)(i) of the Balanced Budget and emergency requirement pursuant to section and Employment Services’’, $50,000,000, for Emergency Deficit Control Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and the dislocated workers assistance national CHILDREN AND FAMILY SERVICES PROGRAMS Emergency Deficit Control Act of 1985. reserve for necessary expenses resulting from For an additional amount for ‘‘Children TITLE IX Hurricane Sandy, which shall be available and Families Services Programs’’, DEPARTMENT OF DEFENSE from the date of enactment of this Act $100,000,000, for making payments under the MILITARY CONSTRUCTION through September 30, 2013: Provided, That Head Start Act in States for which the Presi- the Secretary of Labor may transfer up to dent declared a major disaster under title IV MILITARY CONSTRUCTION, ARMY NATIONAL $3,500,000 of such funds to any other Depart- of the Robert T. Stafford Disaster Relief and GUARD ment of Labor account for other Hurricane Emergency Assistance Act as a result of For an additional amount for ‘‘Military Sandy reconstruction and recovery needs, in- Hurricane Sandy: Provided, That funds ap- Construction, Army National Guard’’, cluding worker protection activities: Pro- propriated in this paragraph are not subject $24,200,000, to remain available until Sep- vided further, That such amounts are des- to the allocation requirements of section tember 30, 2014, for necessary expenses re- ignated by the Congress as being for an 640(a) or the matching requirements of sec- lated to the consequences of Hurricane emergency requirement pursuant to section tion 640(b) of the Head Start Act: Provided Sandy: Provided, That such funds may be ob- 251(b)(2)(A)(i) of the Balanced Budget and further, That funds appropriated in this para- ligated or expended for planning and design Emergency Deficit Control Act of 1985. graph shall be available through September and military construction projects not oth- DEPARTMENT OF HEALTH AND HUMAN 30, 2014 for activities to assist affected Head erwise authorized by law: Provided further, SERVICES Start agencies, including technical assist- That such amount is designated by the Con- ance, costs of Head Start services (including gress as being for an emergency requirement ADMINISTRATION FOR CHILDREN AND FAMILIES supportive services for children and families, pursuant to section 251(b)(2)(A)(i) of the Bal- SOCIAL SERVICES BLOCK GRANT and provision of mental health services for anced Budget and Emergency Deficit Control For an additional amount for ‘‘Social Serv- children affected by Hurricane Sandy), and Act of 1985. ices Block Grant’’, $500,000,000, for necessary costs of renovating, repairing, or rebuilding DEPARTMENT OF VETERANS AFFAIRS expenses resulting from Hurricane Sandy in those Head Start facilities damaged as a re- VETERANS HEALTH ADMINISTRATION States for which the President declared a sult of Hurricane Sandy: Provided further, major disaster under title IV of the Robert That none of the funds appropriated in this MEDICAL SERVICES T. Stafford Disaster Relief and Emergency paragraph shall be included in the calcula- For an additional amount for ‘‘Medical Assistance Act, notwithstanding section 2003 tion of the ‘‘base grant’’ in subsequent fiscal Services’’, $21,000,000, to remain available and paragraphs (1) and (4) of section 2005(a) years, as such term is used in section until September 30, 2014, for necessary ex- of the Social Security Act: Provided, That, 640(a)(7)(A) of the Head Start Act: Provided penses related to the consequences of Hurri- notwithstanding section 2002 of the Social further, That none of the funds appropriated cane Sandy: Provided, That such amount is Security Act, the distribution of such in this paragraph shall be available for costs designated by the Congress as being for an amount shall be limited to States directly that are reimbursed by the Federal Emer- emergency requirement pursuant to section affected by these events: Provided further, gency Management Agency or by insurance: 251(b)(2)(A)(i) of the Balanced Budget and That section 2002(c) of the Social Security Provided further, That such amounts are des- Emergency Deficit Control Act of 1985. Act shall be applied to funds appropriated in ignated by the Congress as being for an MEDICAL FACILITIES this paragraph by substituting succeeding 2 emergency requirement pursuant to section For an additional amount for ‘‘Medical Fa- fiscal years for succeeding fiscal year: Pro- 251(b)(2)(A)(i) of the Balanced Budget and cilities’’, $6,000,000, to remain available until vided further, That funds appropriated in this Emergency Deficit Control Act of 1985. September 30, 2014, for necessary expenses re- paragraph are in addition to the entitlement OFFICE OF THE SECRETARY lated to the consequences of Hurricane grants authorized by section 2002(a)(1) of the Sandy: Provided, That such amount is des- Social Security Act and shall not be avail- PUBLIC HEALTH AND SOCIAL SERVICES ignated by the Congress as being for an able for such entitlement grants: Provided EMERGENCY FUND emergency requirement pursuant to section further, That in addition to other uses per- (INCLUDING TRANSFER OF FUNDS) 251(b)(2)(A)(i) of the Balanced Budget and mitted by title XX of the Social Security For an additional amount for ‘‘Public Emergency Deficit Control Act of 1985. Act, funds appropriated in this paragraph Health and Social Services Emergency may be used for health services (including Fund’’ for disaster response and recovery, NATIONAL CEMETERY ADMINISTRATION mental health services), and for costs of ren- and other expenses related to Hurricane For an additional amount for ‘‘National ovating, repairing, or rebuilding health care Sandy, and for other disaster-response ac- Cemetery Administration’’, $1,100,000, for facilities (including mental health facili- tivities, $200,000,000, to remain available necessary expenses related to the con- ties), child care facilities, or other social until expended: Provided, That these funds sequences of Hurricane Sandy: Provided, services facilities: Provided further, That not- may be transferred by the Secretary to ac- That such amount is designated by the Con- withstanding paragraphs (2) and (8) of sec- counts within the Department of Health and gress as being for an emergency requirement

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pursuant to section 251(b)(2)(A)(i) of the Bal- FEDERAL TRANSIT ADMINISTRATION plan to the Secretary for approval detailing anced Budget and Emergency Deficit Control PUBLIC TRANSPORTATION EMERGENCY RELIEF the proposed use of all funds, including cri- Act of 1985. PROGRAM teria for eligibility and how the use of these funds will address long-term recovery and DEPARTMENTAL ADMINISTRATION For the Public Transportation Emergency restoration of infrastructure and housing Relief Program as authorized under section INFORMATION TECHNOLOGY SYSTEMS and economic revitalization in the most im- 5324 of title 49, United States Code, pacted and distressed areas: Provided further, For an additional amount for ‘‘Information $10,783,000,000, to remain available until ex- That the Secretary shall by notice specify Technology Systems’’, $500,000, for necessary pended, for recovery and relief efforts in the the criteria for approval of such plans within expenses related to the consequences of Hur- areas most affected by Hurricane Sandy: Pro- 45 days of enactment of this Act: Provided ricane Sandy: Provided, That such amount is vided, That, of the funds provided under this further, That such funds may not be used for designated by the Congress as being for an heading, the Secretary may transfer up to activities reimbursable by, or for which emergency requirement pursuant to section $5,383,000,000 to the appropriate agencies to funds are made available by, the Federal 251(b)(2)(A)(i) of the Balanced Budget and fund programs authorized under titles 23 and Emergency Deficit Control Act of 1985. Emergency Management Agency or the 49, United States Code, in order to carry out Army Corps of Engineers: Provided further, CONSTRUCTION, MAJOR PROJECTS mitigation projects related to reducing risk That the final paragraph under the heading For an additional amount for ‘‘Construc- of damage from future disasters in areas im- Community Development Block Grants in tion, Major Projects’’, $207,000,000 to remain pacted by Hurricane Sandy: Provided further, title II of Public Law 105–276 (42 U.S.C. 5305 available until expended, for renovations and That the Committees on Appropriations of note) shall not apply to funds provided under repairs to the Department of Veterans Af- the Senate and the House of Representatives this heading: Provided further, That funds al- fairs Medical Center in Manhattan, New shall be notified at least 15 days in advance located under this heading shall not be con- York, as a consequence of damage caused by of any such transfer: Provided further, That sidered relevant to the non-disaster formula Hurricane Sandy: Provided, That notwith- notwithstanding any other provision of law, allocations made pursuant to 42 U.S.C. 5306: standing any other provision of law, such the Federal share for all projects funded Provided further, That a grantee may use up funds may be obligated and expended to under this heading for repairs, reconstruc- to 5 percent of its allocation for administra- carry out planning and design and major tion or mitigation of transportation infra- tive costs: Provided further, That the Sec- medical facility construction not otherwise structure in areas impacted by Hurricane retary shall require that grantees have es- authorized by law: Provided further, That Sandy shall be 90 percent: Provided further, tablished procedures to ensure timely ex- such amount is designated by the Congress That up to three-quarters of 1 percent of the penditure of funds and prevent any duplica- as being for an emergency requirement pur- funds retained for public transportation tion of benefits as defined by 42 U.S.C. 5155 suant to section 251(b)(2)(A)(i) of the Bal- emergency relief shall be available for the and prevent fraud and abuse of funds: Pro- anced Budget and Emergency Deficit Control purposes of administrative expenses and on- vided further, That the Secretary shall pro- Act of 1985. going program management oversight as au- vide grantees with technical assistance on thorized under 49 U.S.C. 5334 and 5338(i)(2) contracting and procurement processes and TITLE X and shall be in addition to any other appro- shall require grantees, in contracting or pro- DEPARTMENT OF TRANSPORTATION priations for such purposes: Provided further, curing for management and administration That, of the funds made available under this FEDERAL AVIATION ADMINISTRATION of these funds, to incorporate performance heading, $6,000,000 shall be transferred to the requirements and penalties into any such FACILITIES AND EQUIPMENT Office of Inspector General to support the contracts or agreements and to maintain in- (AIRPORT AND AIRWAY TRUST FUND) oversight of activities funded under this formation with respect to performance on heading: Provided further, That such amounts For an additional amount for ‘‘Facilities the use of any funds for management and ad- are designated by the Congress as being for and equipment’’, $30,000,000, to be derived ministrative purposes: Provided further, That an emergency requirement pursuant to sec- from the Airport and Airway Trust Fund and in administering the funds under this head- tion 251(b)(2)(A)(i) of the Balanced Budget to remain available until expended, for nec- ing, the Secretary may waive, or specify al- and Emergency Deficit Control Act of 1985. essary expenses related to the consequences ternative requirements for, any provision of of Hurricane Sandy: Provided, That such DEPARTMENT OF HOUSING AND URBAN any statute or regulation that the Secretary amount is designated by the Congress as DEVELOPMENT administers in connection with the obliga- tion by the Secretary or the use by the re- being for an emergency requirement pursu- COMMUNITY PLANNING AND DEVELOPMENT cipient of these funds (except for require- ant to section 251(b)(2)(A)(i) of the Balanced COMMUNITY DEVELOPMENT FUND ments related to fair housing, non- Budget and Emergency Deficit Control Act For an additional amount for the ‘‘Commu- discrimination, labor standards, and the en- of 1985. nity Development Fund’’ for necessary ex- vironment), pursuant to a determination by FEDERAL HIGHWAY ADMINISTRATION penses related to disaster relief, long-term the Secretary that good cause exists for the FEDERAL-AID HIGHWAYS recovery, restoration of infrastructure and waiver or alternative requirement and that housing, economic revitalization, and miti- such action is not inconsistent with the EMERGENCY RELIEF PROGRAM gation in the most impacted and distressed overall purposes of title I of the Housing and For an additional amount for the Emer- areas resulting from a major disaster de- Community Development Act of 1974 (42 gency Relief Program as authorized under clared pursuant to the Robert T. Stafford U.S.C. 5301 et seq.): Provided further, That section 125 of title 23, United States Code, Disaster Relief and Emergency Assistance notwithstanding the previous proviso, recipi- $921,000,000, to remain available until ex- Act (42 U.S.C. 5121 et seq.), due to Hurricane ents of funds provided under this heading pended: Provided, That such amount is des- Sandy, for activities authorized under title I that use such funds to match or supplement ignated by the Congress as being for an of the Housing and Community Development Federal assistance provided under sections emergency requirement pursuant to section Act of 1974 (42 U.S.C. 5301 et seq.), 402, 403, 406, 407, or 502 of the Robert T. Staf- 251(b)(2)(A)(i) of the Balanced Budget and $17,000,000,000, to remain available until ex- ford Disaster Relief and Emergency Assist- Emergency Deficit Control Act of 1985. pended, of which at least $2,000,000,000 shall ance Act (42 U.S.C. 5121 et seq.) may adopt, FEDERAL RAILROAD ADMINISTRATION be used for mitigation projects to reduce fu- without review or public comment, any envi- ture risk and vulnerabilities: Provided, That ronmental review, approval, or permit per- GRANTS TO THE NATIONAL RAILROAD the Secretary shall establish a minimum al- formed by a Federal agency, and such adop- PASSENGER CORPORATION location for each eligible State declared a tion shall satisfy the responsibilities of the For an additional amount for the Sec- major disaster due to Hurricane Sandy: Pro- recipient with respect to such environmental retary to make grants to the National Rail- vided further, That, of the amount provided review, approval, or permit: Provided further, road Passenger Corporation for costs and under this heading, $500,000,000 shall be used That, notwithstanding 42 U.S.C. 5304(g)(2), losses incurred as a result of Hurricane to address the unmet needs of impacted the Secretary may, upon receipt of a request Sandy and to advance capital projects that areas resulting from a major disaster de- for release of funds and certification, imme- address Northeast Corridor infrastructure re- clared pursuant to the Robert T. Stafford diately approve the release of funds for an covery, mitigation and resiliency in the af- Disaster Relief Act (42 U.S.C. 5121 et seq.) or activity or project assisted under this head- fected areas, $336,000,000, to remain available for small, economically distressed areas with ing if the recipient has adopted an environ- until expended: Provided, That the Adminis- a disaster declared in 2011 or 2012: Provided mental review prepared under the National trator of the Federal Railroad Administra- further, That funds shall be awarded directly Environmental Policy Act of 1969 (42 U.S.C. tion may retain up to one-half of 1 percent of to the State or unit of general local govern- 4321 et seq.) or the project is categorically the funds provided under this heading to ment as a grantee at the discretion of the excluded from further review under the Na- fund the award and oversight by the Admin- Secretary: Provided further, That the Sec- tional Environmental Policy Act of 1969 (42 istrator of grants made under this heading: retary shall allocate to grantees not less U.S.C. 4321 et seq.): Provided further, That a Provided further, That such amount is des- than 33 percent of the funds provided under waiver granted by the Secretary may not re- ignated by the Congress as being for an this heading within 60 days after the enact- duce the percentage of funds which must be emergency requirement pursuant to section ment of this Act based on the best available used for activities that benefit persons of low 251(b)(2)(A)(i) of the Balanced Budget and data: Provided further, That prior to the obli- and moderate income to less than 50 percent, Emergency Deficit Control Act of 1985. gation of funds, a grantee shall submit a unless the Secretary specifically finds that

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.029 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8223 there is a compelling need to further reduce SEC. 1102. Each amount designated in this making appropriations for the Depart- or eliminate the percentage requirement: Act by the Congress as an emergency re- ment of Defense and the other depart- Provided further, That the Secretary shall quirement pursuant to section 251(b)(2)(A)(i) ments and agencies of the Government publish in the Federal Register any waiver of of the Balanced Budget and Emergency Def- for the fiscal year ending September 30, any statute or regulation that the Secretary icit Control Act of 1985 shall be available administers pursuant to title I of the Hous- only if the President subsequently so des- 2011, and for other purposes; as follows: ing and Community Development Act of 1974 ignates all such amounts and transmits such At the end, add the following new section: no later than 5 days before the effective date designations to the Congress. Sec. lll of such waiver: Provided further, That funds SEC. 1103. (a) Not later than March 31, 2013, This Act shall become effective 7 days provided under this heading to for-profit en- in accordance with criteria to be established after enactment. terprises may only assist such enterprises by the Office of Management and Budget that meet the definition of small business as (OMB), Federal agencies shall submit to SA 3397. Mr. REID proposed an defined by the Small Business Administra- OMB and to the Committee on Appropria- amendment to amendment SA 3396 pro- tion under 13 CFR part 121: Provided further, tions of the House of Representatives and of posed by Mr. REID to the amendment That notwithstanding the previous proviso, the Senate internal control plans for funds SA 3395 proposed by Mr. REID to the funds may be provided to a for-profit enter- provided by this Act. prise, that does not meet such definition of (b) All programs and activities receiving bill H.R. 1, making appropriations for small business, but which provides a public funds under this Act shall be deemed to be the Department of Defense and the benefit, is publicly regulated, and is other- ‘‘susceptible to significant improper pay- other departments and agencies of the wise eligible for assistance under 42 U.S.C. ments’’ for purposes of the Improper Pay- Government for the fiscal year ending 5301 et seq., and the implementing regula- ments Information Act of 2002 (31 U.S.C. 3321 September 30, 2011, and for other pur- tions at 24 CFR Part 570.201(l): Provided fur- note) (IPIA), notwithstanding section 2(a) of poses; as follows: ther, That of the funds made available under IPIA. this heading, up to $10,000,000 may be trans- In the amendment, strike ‘‘7 days’’ and in- (c) In accordance with guidance to be sert ‘‘6 days’’. ferred to ‘‘Program Office Salaries and Ex- issued by the Director of OMB, agencies shall penses, Community Planning and Develop- identify those grants for which the funds SA 3398. Mr. REID proposed an ment’’ for technical assistance and adminis- provided by this Act should be expended by trative costs (including information tech- the grantees within the 24-month period fol- amendment to the bill H.R. 1, making nology costs), related solely to admin- lowing the agency’s obligation of funds for appropriations for the Department of istering funds available under this heading the grant. In the case of such grants, the Defense and the other departments and or funds made available under prior appro- agency shall include a term in the grant agencies of the Government for the fis- priations to the ‘‘Community Development that: cal year ending September 30, 2011, and Fund’’ for disaster relief, long-term recov- (1) requires the grantee to return to the for other purposes; as follows: ery, or emergency expenses: Provided further, agency any funds not expended within the 24- At the end, add the following new section: That, of the funds made available under this month period; and heading, $10,000,000 shall be transferred to (2) provides that the head of the agency Sec. lll ‘‘Office of Inspector General’’: Provided fur- may, after consultation with the Director of This Act shall become effective 5 days ther, That the amounts provided under this OMB, subsequently issue a waiver of this re- after enactment. heading are designated by the Congress as quirement based on a determination by the being for an emergency requirement pursu- head of the agency that exceptional cir- SA 3399. Mr. REID proposed an ant to section 251(b)(2)(A)(i) of the Balanced cumstances exist that justify an extension of amendment to amendment SA 3398 pro- Budget and Emergency Deficit Control Act the period in which the funds must be ex- posed by Mr. REID to the bill H.R. 1, of 1985. pended. making appropriations for the Depart- GENERAL PROVISIONS—THIS TITLE SEC. 1104. (a) In carrying out activities ment of Defense and the other depart- SEC. 1001. For fiscal year 2013, upon request funded by this Act, Federal agencies, in part- ments and agencies of the Government by a public housing agency and supported by nership with States, local communities and for the fiscal year ending September 30, documentation as required by the Secretary tribes, shall inform plans for response, recov- 2011, and for other purposes; as follows: of Housing and Urban Development that ery, and rebuilding to reduce vulnerabilities demonstrates that the need for the adjust- from and build long-term resiliency to future In the amendment, strike ‘‘5 days’’ and in- ment is due to the disaster, the Secretary extreme weather events, sea level rise, and sert ‘‘4 days’’. may make temporary adjustments to the coastal flooding. In carrying out activities Section 8 housing choice voucher annual re- funded by this title that involve repairing, SA 3400. Mr. REID proposed an newal funding allocations and administra- rebuilding, or restoring infrastructure and amendment to the bill H.R. 1, making tive fee eligibility determinations for public restoring land, project sponsors shall con- appropriations for the Department of housing agencies in an area for which the sider, where appropriate, the increased risks Defense and the other departments and President declared a disaster under title IV and vulnerabilities associated with future agencies of the Government for the fis- of the Robert T. Stafford Disaster Relief and extreme weather events, sea level rise and cal year ending September 30, 2011, and coastal flooding. Emergency Assistance Act (42 U.S.C. 5170 et for other purposes; as follows: seq.), to avoid significant adverse funding (b) Funds made available in this Act shall impacts that would otherwise result from be available to develop, in partnership with At the end, add the following new section: the disaster. State, local and tribal officials, regional pro- Sec. lll SEC. 1002. The Departments of Transpor- jections and assessments of future risks and This Act shall become effective 3 days tation and Housing and Urban Development vulnerabilities to extreme weather events, after enactment. shall submit to the Committees on sea level rise and coastal flooding that may Approppriations of the House of Representa- be used for the planning referred to in sub- SA 3401. Mr. REID proposed an tives and the Senate within 45 days after the section (a), and to encourage coordination amendment to amendment SA 3400 pro- date of the enactment of this Act a plan for and facilitate long-term community resil- posed by Mr. REID to the bill H.R. 1, implementing the provisions in this title, iency. making appropriations for the Depart- and updates to such plan on a biannual basis SEC. 1105. Recipients of Federal funds dedi- ment of Defense and the other depart- thereafter. cated to reconstruction efforts under this SEC. 1003. None of the funds provided in Act shall, to the greatest extent practicable, ments and agencies of the Government this title to the Department of Transpor- ensure that such reconstruction efforts for the fiscal year ending September 30, tation or the Department of Housing and maximize the utilization of technologies de- 2011, and for other purposes; as follows: Urban Development may be used to make a signed to mitigate future power outages, In the amendment, strike ‘‘3 days’’ and in- grant unless the Secretary of such Depart- continue delivery of vital services and main- sert ‘‘2 days’’. ment notifies the House and Senate Commit- tain the flow of power to facilities critical to tees on Appropriations not less than 3 full public health, safety and welfare. The Sec- SA 3402. Mr. REID proposed an business days before any project, State or lo- retary of Housing and Urban Development as amendment to amendment SA 3401 pro- cality is selected to receive a grant award to- chair of the Hurricane Sandy Rebuilding posed by Mr. REID to the amendment taling $1,000,000 or more is announced by ei- Task Force shall issue appropriate guide- ther Department or a modal administration. lines to implement this requirement. SA 3400 proposed by Mr. REID to the TITLE XI This Act may be cited as the ‘‘Disaster Re- bill H.R. 1, making appropriations for GENERAL PROVISIONS—THIS ACT lief Appropriations Act, 2013’’. the Department of Defense and the SEC. 1101. Each amount appropriated or other departments and agencies of the made available in this Act is in addition to SA 3396. Mr. REID proposed an Government for the fiscal year ending amounts otherwise appropriated for the fis- amendment to amendment SA 3395 pro- September 30, 2011, and for other pur- cal year involved. posed by Mr. REID to the bill H.R. 1, poses; as follows:

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.029 S19DEPT1 jbell on DSK7SPTVN1PROD with S8224 CONGRESSIONAL RECORD — SENATE December 19, 2012 In the amendment, strike ‘‘2 days’’ and in- (A) by striking paragraph (1) and inserting ‘‘(A) the service fee required by subsection sert ‘‘1 day’’. the following: (k); and ‘‘(1) IN GENERAL.— ‘‘(B) a premium for the applicable crop SA 3403. Mr. LEAHY submitted an ‘‘(A) COVERAGES.—In the case of an eligible year that is equal to— amendment intended to be proposed by crop described in paragraph (2), the Sec- ‘‘(i) the product obtained by multiplying— him to the bill H.R. 1, making appro- retary of Agriculture shall operate a non- ‘‘(I) the number of acres devoted to the eli- priations for the Department of De- insured crop disaster assistance program to gible crop; fense and the other departments and provide coverages based on individual yields ‘‘(II) the yield, as determined by the Sec- (other than for value-loss crops) equivalent retary under subsection (e); agencies of the Government for the fis- to— ‘‘(III) the coverage level elected by the pro- cal year ending September 30, 2011, and ‘‘(i) catastrophic risk protection available ducer; for other purposes; which was ordered under section 508(b) of the Federal Crop In- ‘‘(IV) the average market price, as deter- to lie on the table; as follows: surance Act (7 U.S.C. 1508(b)); or mined by the Secretary; and At the appropriate place, insert the fol- ‘‘(ii) additional coverage available under ‘‘(ii) 5.25-percent premium fee. lowing: subsections (c) and (h) of section 508 of that ‘‘(3) LIMITED RESOURCE, BEGINNING, AND SO- Act (7 U.S.C. 1508) that does not exceed 65 Sec. lll. Increased Embassy Security CIALLY DISADVANTAGED FARMERS.—The addi- percent. Funds appropriated under the heading tional coverage made available under this ‘‘(B) ADMINISTRATION.—The Secretary shall ‘‘Administration of Foreign Affairs’’ under subsection shall be available to limited re- carry out this section through the Farm Title VIII of Division I of Public Law 112–74 source, beginning, and socially disadvan- Service Agency (referred to in this section as and as carried forward under Public Law 112– taged producers, as determined by the Sec- the ‘Agency’).’’; and retary, in exchange for a premium that is 50 175, may be transferred to, and merged with, (B) in paragraph (2)— any such other funds appropriated under percent of the premium determined for a (i) in subparagraph (A)— producer under paragraph (2). such title and heading: Provided, That such (I) in clause (i), by striking ‘‘and’’ after the transfers shall be subject to the regular noti- ‘‘(4) ADDITIONAL AVAILABILITY.— semicolon at the end; ‘‘(A) IN GENERAL.—As soon as practicable, fication procedures of the Committees on (II) by redesignating clause (ii) as clause Appropriations. the Secretary shall make assistance avail- (iii); and able to producers of an otherwise eligible (III) by inserting after clause (i) the fol- crop described in subsection (a)(2) that suf- SA 3404. Mr. MERKLEY (for himself, lowing: Ms. STABENOW, Mrs. MCCASKILL, Mr. fered losses— ‘‘(ii) for which additional coverage under ‘‘(i) to a 2012 annual fruit crop grown on a BAUCUS, Mr. WYDEN, Mr. FRANKEN, Mr. subsections (c) and (h) of section 508 of that bush or tree; and JOHNSON of South Dakota, and Mr. Act (7 U.S.C. 1508) is not available; and’’; and ‘‘(ii) in a county covered by a declaration UDALL of New Mexico) submitted an (ii) in subparagraph (B)— by the Secretary of a natural disaster for amendment intended to be proposed by (I) by inserting ‘‘(except ferns)’’ after ‘‘flo- production losses due to a freeze or frost. ricultural’’; him to the bill H.R. 1, making appro- ‘‘(B) ASSISTANCE.—The Secretary shall (II) by inserting ‘‘(except ferns)’’ after ‘‘or- make assistance available under subpara- priations for the Department of De- namental nursery’’; and graph (A) in an amount equivalent to assist- fense and the other departments and (III) by striking ‘‘(including ornamental ance available under paragraph (1), less any agencies of the Government for the fis- fish)’’ and inserting ‘‘(including ornamental fees not previously paid under paragraph (2). cal year ending September 30, 2011, and fish, but excluding tropical fish)’’; (b)(1) Effective October 1, 2017, subsection for other purposes; which was ordered (2) in subsection (d), by striking ‘‘The Sec- (a) and the amendments made by subsection to lie on the table; as follows: retary’’ and inserting ‘‘Subject to subsection (a) (other than the amendments made by (l), the Secretary’’; At the end of title I, add the following: clauses (i)(I) and (ii) of subsection (a)(1)(B)) (3) in subsection (k)(1)— GENERAL PROVISIONS—THIS CHAPTER are repealed. (A) in subparagraph (A), by striking ‘‘$250’’ (2) Effective October 1, 2017, section 196 of SEC. 101. (a) Section 531 of the Federal Crop and inserting ‘‘$260’’; and the Federal Agriculture Improvement and Insurance Act (7 U.S.C. 1531) is amended— (B) in subparagraph (B)— Reform Act of 1996 (7 U.S.C. 7333) shall be ap- (1) in subsection (c)(1), by striking ‘‘The (i) by striking ‘‘$750’’ and inserting ‘‘$780’’; plied and administered as if subsection (a) Secretary shall use such sums as are nec- and and the amendments made by subsection (a) essary from the Trust Fund’’ and inserting (ii) by striking ‘‘$1,875’’ and inserting (other than the amendments made by clauses ‘‘Of the funds of the Commodity Credit Cor- ‘‘$1,950’’; and (i)(I) and (ii) of subsection (a)(1)(B)) had not poration, the Secretary shall use such sums (4) by adding at the end the following: been enacted. ‘‘(l) PAYMENT EQUIVALENT TO ADDITIONAL as are necessary for fiscal year 2012’’; (c) This section is designated by Congress COVERAGE.— (2) in subsection (d)(2), by striking ‘‘The as being for an emergency requirement pur- ‘‘(1) IN GENERAL.—The Secretary shall Secretary shall use such sums as are nec- suant to— make available to a producer eligible for essary from the Trust Fund’’ and inserting (1) section 251(b)(2)(A)(i) of the Balanced noninsured assistance under this section a ‘‘Of the funds of the Commodity Credit Cor- Budget and Emergency Deficit Control Act payment equivalent to an indemnity for ad- poration, the Secretary shall use such sums of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and ditional coverage under subsections (c) and as are necessary for fiscal year 2012’’; (2) section 4(g) of the Statutory Pay-As- (h) of section 508 of the Federal Crop Insur- (3) in subsection (e)(1)— You-Go Act of 2010 (Public Law 111-139; 2 ance Act (7 U.S.C. 1508) that does not exceed (A) by striking ‘‘The Secretary’’ and in- U.S.C. 933(g)). serting ‘‘Of the funds of the Commodity 65 percent, computed by multiplying— Credit Corporation, the Secretary’’; and ‘‘(A) the quantity that is less than 50 to 65 SA 3405. Mr. MERKLEY (for Mrs. percent of the established yield for the crop, (B) by striking ‘‘per year from the Trust MURRAY) proposed an amendment to as determined by the Secretary, specified in Fund’’ and inserting ‘‘for fiscal year 2012’’; the bill H.R. 4057, to amend title 38, (4) in subsection (f)(2)(A), by striking ‘‘the increments of 5 percent; Secretary shall use such sums as are nec- ‘‘(B) 100 percent of the average market United States Code, to direct the Sec- essary from the Trust Fund’’ and inserting price for the crop, as determined by the Sec- retary of Veterans Affairs to develop a ‘‘of the funds of the Commodity Credit Cor- retary; and comprehensive policy to improve out- poration, the Secretary shall use such sums ‘‘(C) a payment rate for the type of crop, as reach and transparency to veterans and as are necessary for fiscal year 2012’’; and determined by the Secretary, that reflects— members of the Armed Forces through (5) in subsection (i), by striking ‘‘Sep- ‘‘(i) in the case of a crop that is produced the provision of information on institu- tember 30, 2011’’ and inserting ‘‘September with a significant and variable harvesting tions of higher learning, and for other expense, the decreasing cost incurred in the 30, 2012 (except in the case of subsection (b), purposes; as follows: which shall be September 30, 2011)’’. production cycle for the crop that is, as ap- (b) This section is designated by Congress plicable— Strike all after the enacting clause and in- as being for an emergency requirement pur- ‘‘(I) harvested; sert the following: suant to— ‘‘(II) planted but not harvested; or SECTION 1. COMPREHENSIVE POLICY ON PRO- (1) section 251(b)(2)(A)(i) of the Balanced ‘‘(III) prevented from being planted be- VIDING EDUCATION INFORMATION Budget and Emergency Deficit Control Act cause of drought, flood, or other natural dis- TO VETERANS. of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and aster, as determined by the Secretary; or (a) COMPREHENSIVE POLICY REQUIRED.— (2) section 4(g) of the Statutory Pay-As- ‘‘(ii) in the case of a crop that is produced (1) IN GENERAL.—Chapter 36 of title 38, You-Go Act of 2010 (Public Law 111-139; 2 without a significant and variable harvesting United States Code, is amended by adding at U.S.C. 933(g)). expense, such rate as shall be determined by the end the following new section: SEC. 102. (a) Section 196 of the Federal Ag- the Secretary. ‘‘§ 3698. Comprehensive policy on providing riculture Improvement and Reform Act of ‘‘(2) PREMIUM.—To be eligible to receive a education information to veterans 1996 (7 U.S.C. 7333) is amended— payment under this subsection, a producer ‘‘(a) COMPREHENSIVE POLICY REQUIRED.— (1) in subsection (a)— shall pay— The Secretary shall develop a comprehensive

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.030 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8225 policy to improve outreach and transparency Postsecondary Education Data System of Secretary of Veterans Affairs shall conduct a to veterans and members of the Armed the Secretary of Education; market survey to determine the availability Forces through the provision of information ‘‘(ix) whether the institution provides stu- of the following: on institutions of higher learning. dents with technical support, academic sup- (1) A commercially available off-the-shelf ‘‘(b) SCOPE.—In developing the policy re- port, and other support services, including online tool that allows a veteran or member quired by subsection (a), the Secretary shall career counseling and job placement; and of the Armed Forces to assess whether the include each of the following elements: ‘‘(x) the information regarding the institu- veteran or member is academically ready to ‘‘(1) Effective and efficient methods to in- tion’s policies related to transfer of credit engage in postsecondary education and form individuals of the educational and vo- from other institutions, as required under training opportunities and whether the vet- cational counseling provided under section section 485(h)(1) of the Higher Education Act eran or member would need any remedial 3697A of this title. of 1965 (20 U.S.C. 1092(h)(1)) and provided to preparation before beginning such opportuni- ‘‘(2) A centralized mechanism for tracking the Secretary of Education under section ties. and publishing feedback from students and 132(i)(1)(V)(iv) of such Act (20 U.S.C. (2) A commercially available off-the-shelf State approving agencies regarding the qual- 1015a(i)(1)(V)(iv)). online tool that provides a veteran or mem- ity of instruction, recruiting practices, and ‘‘(2) To the extent practicable, the Sec- ber of the Armed Forces with a list of pro- post-graduation employment placement of retary shall provide the information de- viders of postsecondary education and train- institutions of higher learning that— scribed in paragraph (1) by including ing opportunities based on criteria selected ‘‘(A) allows institutions of higher learning hyperlinks on the Internet website of the De- by the veteran or member. to verify feedback and address issues regard- partment to other Internet websites that (c) REPORT.—Not later than 90 days after ing feedback before the feedback is pub- contain such information, including the the date of the enactment of this Act, the lished; Internet website of the Department of Edu- Secretary of Veterans Affairs shall submit to ‘‘(B) protects the privacy of students, in- cation, in a form that is comprehensive and the appropriate committees of Congress a re- cluding by not publishing the names of stu- easily understood by veterans, members of port that includes— dents; and the Armed Forces, and other individuals. (1) a description of the policy developed by ‘‘(C) publishes only feedback that conforms ‘‘(3)(A) If the Secretary of Veterans Affairs the Secretary under section 3698(a) of title with criteria for relevancy that the Sec- requires, for purposes of providing informa- 38, United States Code, as added by sub- retary shall determine. tion pursuant to subsection (b)(5), informa- section (a); ‘‘(3) The merit of and the manner in which tion that has been reported, or information (2) a plan of the Secretary to implement a State approving agency shares with an ac- that is similar to information that has been such policy; and crediting agency or association recognized reported, by an institution of higher learning (3) the results of the survey conducted by the Secretary of Education under subpart to the Secretary of Education, the Secretary under subsection (b), including whether the 2 of part H of title IV of the Higher Edu- of Defense, the Secretary of Labor, or the Secretary plans to implement the tools de- cation Act of 1965 (20 U.S.C. 1099b) informa- heads of other Federal agencies under a pro- scribed in such subsection. tion regarding the State approving agency’s vision of law other than under this section, (d) DEFINITIONS.—In this section: evaluation of an institution of higher learn- the Secretary of Veterans Affairs shall ob- (1) APPROPRIATE COMMITTEES OF CON- ing. tain the information the Secretary of Vet- GRESS.—The term ‘‘appropriate committees ‘‘(4) Description of the information pro- erans Affairs requires from the Secretary or of Congress’’ means— vided to individuals participating in the head with the information rather than the (A) the Committee on Veterans’ Affairs Transition Assistance Program under sec- institution of higher learning. and the Committee on Health, Education, tion 1144 of title 10 relating to institutions of ‘‘(B) If the Secretary of Veterans Affairs Labor, and Pensions of the Senate; and higher learning. requires, for purposes of providing informa- (B) the Committee on Veterans’ Affairs ‘‘(5) Effective and efficient methods to pro- tion pursuant to subsection (b)(5), informa- and the Committee on Education and the vide veterans and members of the Armed tion from an institution of higher learning Workforce of the House of Representatives. Forces with information regarding postsec- that has not been reported to another Fed- (2) COMMERCIALLY AVAILABLE OFF-THE- ondary education and training opportunities eral agency, the Secretary shall, to the de- SHELF.—The term ‘‘commercially available available to the veteran or member. gree practicable, obtain such information off-the-shelf’’ has the meaning given that term in section 104 of title 41, United States ‘‘(c) POSTSECONDARY EDUCATION INFORMA- through the Secretary of Education. Code. TION.—(1) The Secretary shall ensure that ‘‘(d) CONSISTENCY WITH EXISTING EDU- (3) POSTSECONDARY EDUCATION AND TRAIN- the information provided pursuant to sub- CATION POLICY.—In carrying out this section, ING OPPORTUNITIES.—The term ‘‘postsec- section (b)(5) includes— the Secretary shall ensure that— ondary education and training opportuni- ‘‘(A) an explanation of the different types ‘‘(1) the comprehensive policy is consistent ties’’ means any postsecondary program of of accreditation available to educational in- with any requirements and initiatives result- education, including apprenticeships and on- stitutions and programs of education; ing from Executive Order No. 13607; and job training, for which the Secretary of Vet- ‘‘(B) a description of Federal student aid ‘‘(2) the efforts of the Secretary to imple- erans Affairs provides assistance to a vet- programs; and ment the comprehensive policy do not dupli- eran or member of the Armed Forces. ‘‘(C) for each institution of higher learn- cate the efforts being taken by any Federal ing, for the most recent academic year for agencies. SEC. 2. PROHIBITION ON CERTAIN USES OF IN- ‘‘(e) COMMUNICATION WITH INSTITUTIONS OF DUCEMENTS BY EDUCATIONAL IN- which information is available— STITUTIONS. ‘‘(i) whether the institution is public, pri- HIGHER LEARNING.—To the extent prac- ticable, if the Secretary considers it nec- Section 3696 of title 38, United States Code, vate nonprofit, or proprietary for-profit; is amended by adding at the end the fol- ‘‘(ii) the name of the national or regional essary to communicate with an institution of higher learning to carry out the com- lowing new subsection: accrediting agency that accredits the insti- ‘‘(d)(1) The Secretary shall not approve prehensive policy required by subsection (a), tution, including the contact information under this chapter any course offered by an the Secretary shall carry out such commu- used by the agency to receive complaints educational institution if the educational in- nication through the use of a communication from students; stitution provides any commission, bonus, or system of the Department of Education. ‘‘(iii) information on the State approving other incentive payment based directly or ‘‘(f) DEFINITIONS.—In this section: agency, including the contact information indirectly on success in securing enrollments ‘‘(1) The term ‘institution of higher learn- used by the agency to receive complaints or financial aid to any persons or entities en- ing’ has the meaning given that term in sec- from students; gaged in any student recruiting or admission tion 3452(f) of this title. ‘‘(iv) whether the institution participates activities or in making decisions regarding ‘‘(2) The term ‘postsecondary education in any programs under title IV of the Higher the award of student financial assistance. Education Act of 1965 (20 U.S.C. 1070 et seq.); and training opportunities’ means any post- ‘‘(2) To the degree practicable, the Sec- ‘‘(v) the tuition and fees; secondary program of education, including retary shall carry out paragraph (1) in a ‘‘(vi) the median amount of debt from Fed- apprenticeships and on-job training, for manner that is consistent with the Secretary eral student loans under title IV of the High- which the Secretary of Veterans Affairs pro- of Education’s enforcement of section er Education Act of 1965 (20 U.S.C. 1070 et vides assistance to a veteran or member of 487(a)(20) of the Higher Education Act of 1965 seq.) held by individuals upon completion of the Armed Forces.’’. (20 U.S.C. 1094(a)(20)).’’. (2) CLERICAL AMENDMENT.—The table of programs of education at the institution of SEC. 3. DEDICATED POINTS OF CONTACT FOR higher learning (as determined from infor- sections at the beginning of such chapter is SCHOOL CERTIFYING OFFICIALS. mation collected by the Secretary of Edu- amended by adding after the item relating to Section 3684 of title 38, United States Code, cation); section 3697A the following new item: is amended by adding at the end the fol- ‘‘(vii) the cohort default rate, as defined in ‘‘3698. Comprehensive policy on providing lowing new subsection: section 435(m) of the Higher Education Act education information to vet- ‘‘(d) Not later than 90 days after the date of of 1965 (20 U.S.C. 1085(m)), of the institution; erans.’’. the enactment of this subsection, the Sec- ‘‘(viii) the total enrollment, graduation (b) SURVEY.—In developing the policy re- retary shall ensure that the Department pro- rate, and retention rate, as determined from quired by section 3698(a) of title 38, United vides personnel of educational institutions information collected by the Integrated States Code, as added by subsection (a), the who are charged with submitting reports or

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.032 S19DEPT1 jbell on DSK7SPTVN1PROD with S8226 CONGRESSIONAL RECORD — SENATE December 19, 2012 certifications to the Secretary under this (3) ensure the Federal sentencing guide- Sec. 204. Extension of report requirement for section with assistance in preparing and sub- lines and policy statements reflect the seri- Special Committee on Post- mitting such reports or certifications.’’. ousness of these offenses and the need to Traumatic-Stress Disorder. SEC. 4. LIMITATION ON AWARDS AND BONUSES deter such conduct; TITLE III—OTHER MATTERS TO EMPLOYEES OF DEPARTMENT OF (4) ensure reasonable consistency with Sec. 301. Off-base transition training for vet- VETERANS AFFAIRS. other relevant directives, Federal sentencing erans and their spouses. For fiscal year 2013, the Secretary of Vet- guidelines and policy statements, and re- Sec. 302. Requirement that judges on United erans Affairs may not pay more than lated Federal statutes; States Court of Appeals for Vet- $395,000,000 in awards or bonuses under chap- (5) make any necessary conforming erans Claims reside within 50 ter 45 or 53 of title 5, United States Code, or changes to the Federal sentencing guidelines miles of District of Columbia. any other awards or bonuses authorized and policy statements; and Sec. 303. Designation of Trinka Davis Vet- under such title. (6) ensure that the Federal sentencing erans Village. guidelines adequately meet the purposes of Sec. 304. Designation of William ‘‘Bill’’ SA 3406. Mr. MERKLEY (for Mr. sentencing as set forth in section 3553(a)(2) of Kling Department of Veterans KOHL (for himself and Mr. LEE)) pro- title 18, United States Code. Affairs Outpatient Clinic. posed an amendment to the bill H.R. (c) CONSULTATION.—In carrying out the re- Sec. 305. Designation of Mann-Grandstaff 6029, to amend title 18, United States view required under this section, the Com- Department of Veterans Affairs Medical Center. Code, to provide for increased penalties mission shall consult with individuals or groups representing law enforcement, owners Sec. 306. Designation of David F. Winder De- for foreign and economic espionage, of trade secrets, victims of economic espio- partment of Veterans Affairs and for other purposes; as follows: nage offenses, the United States Department Community Based Outpatient Strike all after the enacting clause and in- of Justice, the United States Department of Clinic. sert the following: Homeland Security, the United States De- SEC. 2. SCORING OF BUDGETARY EFFECTS. SECTION 1. SHORT TITLE. partment of State and the Office of the The budgetary effects of this Act, for the This Act may be cited as the ‘‘Foreign and United States Trade Representative. purpose of complying with the Statutory Economic Espionage Penalty Enhancement (d) REVIEW.—Not later than 180 days after Pay-As-You-Go-Act of 2010, shall be deter- Act of 2012’’. the date of enactment of this Act, the Com- mined by reference to the latest statement titled ‘‘Budgetary Effects of PAYGO Legisla- SEC. 2. PROTECTING U.S. BUSINESSES FROM FOR- mission shall complete its consideration and EIGN ESPIONAGE. review under this section. tion’’ for this Act, submitted for printing in the Congressional Record by the Chairman of (a) FOR OFFENSES COMMITTED BY INDIVID- Mr. MERKLEY (for Mrs. the Senate Budget Committee, provided that UALS.—Section 1831(a) of title 18, United SA 3407. such statement has been submitted prior to States Code, is amended, in the matter after MURRAY) proposed an amendment to the vote on passage. paragraph (5), by striking ‘‘not more than the bill S. 3202, to amend title 38, $500,000’’ and inserting ‘‘not more than United States Code, to ensure that de- TITLE I—CEMETERY MATTERS $5,000,000’’. ceased veterans with no known next of SEC. 101. FURNISHING CASKETS AND URNS FOR (b) FOR OFFENSES COMMITTED BY ORGANIZA- DECEASED VETERANS WITH NO kin can receive a dignified burial, and KNOWN NEXT OF KIN. TIONS.—Section 1831(b) of such title is for other purposes, as follows. amended by striking ‘‘not more than (a) IN GENERAL.—Section 2306 of title 38, Strike all after the enacting clause and in- $10,000,000’’ and inserting ‘‘not more than the United States Code, is amended— sert the following: greater of $10,000,000 or 3 times the value of (1) by redesignating subsections (f) and (g) the stolen trade secret to the organization, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. as subsections (g) and (h), respectively; including expenses for research and design (a) SHORT TITLE.—This Act may be cited as (2) by inserting after subsection (e) the fol- and other costs of reproducing the trade se- the ‘‘Dignified Burial and Other Veterans’ lowing new subsection (f): ‘‘(f) The Secretary may furnish a casket or cret that the organization has thereby avoid- Benefits Improvement Act of 2012’’. urn, of such quality as the Secretary con- ed’’. (b) TABLE OF CONTENTS.—The table of con- tents for this Act is as follows: siders appropriate for a dignified burial, for SEC. 3. REVIEW BY THE UNITED STATES SEN- burial in a national cemetery of a deceased TENCING COMMISSION. Sec. 1. Short title; table of contents. Sec. 2. Scoring of budgetary effects. veteran in any case in which the Secretary— (a) IN GENERAL.—Pursuant to its authority ‘‘(1) is unable to identify the veteran’s next TITLE I—CEMETERY MATTERS under section 994(p) of title 28, United States of kin, if any; and Code, the United States Sentencing Commis- Sec. 101. Furnishing caskets and urns for de- ‘‘(2) determines that sufficient resources sion shall review and, if appropriate, amend ceased veterans with no known for the furnishing of a casket or urn for the the Federal sentencing guidelines and policy next of kin. burial of the veteran in a national cemetery statements applicable to persons convicted Sec. 102. Veterans freedom of conscience are not otherwise available.’’; and of offenses relating to the transmission or protection. (3) in subsection (h), as redesignated by Sec. 103. Improved communication between attempted transmission of a stolen trade se- paragraph (1), by adding at the end the fol- Department of Veterans Affairs cret outside of the United States or eco- lowing new paragraph: nomic espionage, in order to reflect the in- and medical examiners and fu- ‘‘(4) A casket or urn may not be furnished tent of Congress that penalties for such of- neral directors. under subsection (f) for burial of a person de- fenses under the Federal sentencing guide- Sec. 104. Identification and burial of un- scribed in section 2411(b) of this title.’’. lines and policy statements appropriately, claimed or abandoned human (b) EFFECTIVE DATE.—Subsections (f) and reflect the seriousness of these offenses, ac- remains. (h)(4) of section 2306 of title 38, United States count for the potential and actual harm Sec. 105. Exclusion of persons convicted of Code, as added by subsection (a), shall take caused by these offenses, and provide ade- committing certain sex offenses effect on the date that is one year after the quate deterrence against such offenses. from interment or memorializa- date of the enactment of this Act and shall (b) REQUIREMENTS.—In carrying out this tion in national cemeteries, Ar- apply with respect to deaths occurring on or section, the United States Sentencing Com- lington National Cemetery, and after the date that is one year after the date mission shall— certain State veterans’ ceme- of the enactment of this Act. teries and from receiving cer- (1) consider the extent to which the Fed- SEC. 102. VETERANS FREEDOM OF CONSCIENCE eral sentencing guidelines and policy state- tain funeral honors. PROTECTION. ments appropriately account for the simple Sec. 106. Restoration, operation, and main- (a) IN GENERAL.—Section 2404 of title 38, misappropriation of a trade secret, including tenance of Clark Veterans Cem- United States Code, is amended by adding at the sufficiency of the existing enhancement etery by American Battle the end the following new subsection: for these offenses to address the seriousness Monuments Commission. ‘‘(h)(1) With respect to the interment or fu- of this conduct; Sec. 107. Report on compliance of Depart- neral, memorial service, or ceremony of a de- (2) consider whether additional enhance- ment of Veterans Affairs with ceased veteran at a national cemetery, the ments in the Federal sentencing guidelines industry standards for caskets Secretary shall ensure that— and policy statements are appropriate to ac- and urns. ‘‘(A) the expressed wishes of the next of count for— TITLE II—HEALTH CARE kin or other agent of the deceased veteran (A) the transmission or attempted trans- Sec. 201. Establishment of open burn pit reg- are respected and given appropriate def- mission of a stolen trade secret outside of istry. erence when evaluating whether the pro- the United States; and Sec. 202. Transportation of beneficiaries to posed interment or funeral, memorial serv- (B) the transmission or attempted trans- and from facilities of Depart- ice, or ceremony affects the safety and secu- mission of a stolen trade secret outside of ment of Veterans Affairs. rity of the national cemetery and visitors to the United States that is committed or at- Sec. 203. Extension of reduced pension for the cemetery; tempted to be committed for the benefit of a certain veterans covered by ‘‘(B) to the extent possible, all appropriate foreign government, foreign instrumen- medicaid plans for services fur- public areas of the cemetery, including com- tality, or foreign agent; nished by nursing facilities. mittal shelters, chapels, and benches, may be

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.032 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8227 used by the family of the deceased veteran amended by inserting after the item relating Offender Registration and Notification Act for contemplation, prayer, mourning, or re- to section 2413 the following new item: (42 U.S.C. 16901 et seq.); flection; and ‘‘2414. Communication between Department ‘‘(B) who, for such crime, is sentenced to a ‘‘(C) during such interment or funeral, me- of Veterans Affairs and medical minimum of life imprisonment; and morial service, or ceremony, the family of examiners and funeral direc- ‘‘(C) whose conviction is final (other than a the deceased veteran may display any reli- tors.’’. person whose sentence was commuted by the gious or other symbols chosen by the family. (c) EFFECTIVE DATE.—Section 2414 of title President or Governor of a State, as the case ‘‘(2) Subject to regulations prescribed by 38, United States Code, as added by sub- may be).’’. the Secretary under paragraph (4), including section (a), shall take effect on the date of (b) CONFORMING AMENDMENTS.—Section such regulations ensuring the security of a the enactment of this Act and shall apply 2411(a)(2) of such title is amended— national cemetery, the Secretary shall, to with respect to deaths occurring on or after (1) by striking ‘‘or (b)(2)’’ each place it ap- the maximum extent practicable, provide to the date that is 180 days after the date of the pears and inserting ‘‘, (b)(2), or (b)(4)’’; and any military or volunteer veterans honor enactment of this Act. (2) by striking ‘‘capital’’ each place it ap- guard, including such guards belonging to a SEC. 104. IDENTIFICATION AND BURIAL OF UN- pears. veterans service organization or other non- CLAIMED OR ABANDONED HUMAN (c) EFFECTIVE DATE.—The amendments governmental group that provides services to REMAINS. made by this section shall apply with respect veterans, access to public areas of a national (a) IDENTIFICATION OF UNCLAIMED OR ABAN- to interments and memorializations that cemetery if such access is requested by the DONED HUMAN REMAINS.—The Secretary of occur on or after the date of the enactment next of kin or other agent of a deceased vet- Veterans Affairs shall cooperate with vet- of this Act. eran whose interment or funeral, memorial erans service organizations to assist entities SEC. 106. RESTORATION, OPERATION, AND MAIN- service, or ceremony is being held in such in possession of unclaimed or abandoned TENANCE OF CLARK VETERANS cemetery. human remains in determining if any such CEMETERY BY AMERICAN BATTLE ‘‘(3) With respect to the interment or fu- remains are the remains of veterans or other MONUMENTS COMMISSION. neral, memorial service, or ceremony of a de- individuals eligible for burial in a national (a) IN GENERAL.—After an agreement is ceased veteran at a national cemetery, the cemetery under the jurisdiction of the Sec- made between the Government of the Repub- Secretary shall notify the next of kin or retary. lic of the Philippines and the United States other agent of the deceased veteran of fu- (b) BURIAL OF UNCLAIMED OR ABANDONED Government, Clark Veterans Cemetery in neral honors available to the deceased vet- HUMAN REMAINS.— the Republic of the Philippines shall be eran, including such honors provided by any (1) FUNERAL EXPENSES.—Section 2302(a)(2) treated, for purposes of section 2104 of title military or volunteer veterans honor guard of title 38, United States Code, is amended by 36, United States Code, as a cemetery for described in paragraph (2). striking ‘‘who was a veteran of any war or which it was decided under such section that ‘‘(4) The Secretary shall prescribe regula- was discharged or released from the active the cemetery will become a permanent ceme- tions to carry out this subsection.’’. military, naval, or air service for a disability tery and the American Battle Monuments (b) INTERIM IMPLEMENTATION.—The Sec- incurred or aggravated in line of duty, whose Commission shall restore, operate, and retary may carry out paragraphs (1) through body is held by a State (or a political sub- maintain Clark Veterans Cemetery (to the (3) of section 2404(h) of such title, as added division of a State), and’’. degree the Commission considers appro- by subsection (a), before the Secretary pre- (2) TRANSPORTATION COSTS.—Section 2308 of priate) under such section in cooperation scribes regulations pursuant to paragraph (4) such title is amended— with the Government of the Republic of the of such section, as so added. (A) by striking ‘‘Where a veteran’’ and all Philippines. (c) REPORT.—Not later than 180 days after that follows through ‘‘compensation, the’’ (b) LIMITATION ON FUTURE BURIALS.—Bur- the date of the enactment of this Act, the and inserting ‘‘(a) IN GENERAL.—The’’; ials at the cemetery described in subsection Secretary of Veterans Affairs shall submit to (B) in subsection (a), as designated by sub- (a) after the date of the agreement described the Committee on Veterans’ Affairs of the paragraph (A), by inserting ‘‘described in in such subsection shall be limited to eligi- Senate and the Committee on Veterans’ Af- subsection (b)’’ after ‘‘of the deceased vet- ble veterans, as determined by the Commis- fairs of the House of Representatives a re- eran’’; and sion, whose burial does not incur any cost to port on the implementation of section 2404(h) (C) by adding at the end the following new the Commission. of such title, as added by subsection (a). subsection: (c) AUTHORIZATION OF APPROPRIATIONS.— Such report shall include a certification of ‘‘(b) DECEASED VETERAN DESCRIBED.—A de- There are authorized to be appropriated to whether the Secretary is in compliance with ceased veteran described in this subsection is the Commission— all of the provisions of such section. any of the following veterans: (1) $5,000,000 for site preparation, design, SEC. 103. IMPROVED COMMUNICATION BETWEEN ‘‘(1) A veteran who dies as the result of a planning, construction, and associated ad- DEPARTMENT OF VETERANS AF- service-connected disability. ministrative costs for the restoration of the FAIRS AND MEDICAL EXAMINERS ‘‘(2) A veteran who dies while in receipt of cemetery described in subsection (a); and AND FUNERAL DIRECTORS. disability compensation (or who but for the (2) amounts necessary to operate and (a) IN GENERAL.—Chapter 24 of title 38, receipt of retirement pay or pension under maintain the cemetery described in sub- United States Code, is amended by adding at this title, would have been entitled to com- section (a). the end the following new section: pensation). SEC. 107. REPORT ON COMPLIANCE OF DEPART- ‘‘§ 2414. Communication between Department ‘‘(3) A veteran whom the Secretary deter- MENT OF VETERANS AFFAIRS WITH of Veterans Affairs and medical examiners mines is eligible for funeral expenses under INDUSTRY STANDARDS FOR CAS- and funeral directors section 2302 of this title by virtue of the Sec- KETS AND URNS. (a) IN GENERAL.—Not later than 180 days ‘‘(a) REQUIRED INFORMATION.—With respect retary determining that the veteran has no after the date of the enactment of this Act, to each deceased veteran described in sub- next of kin or other person claiming the the Secretary of Veterans Affairs shall sub- section (b) who is transported to a national body of such veteran pursuant to subsection mit to the Committee on Veterans’ Affairs of cemetery for burial, the Secretary shall en- (a)(2)(A) of such section.’’. the Senate and the Committee on Veterans’ sure that the local medical examiner, fu- (3) EFFECTIVE DATE.—The amendments Affairs of the House of Representatives a re- neral director, county service group, or other made by this subsection shall take effect on port on the compliance of the Department of entity responsible for the body of the de- the date that is one year after the date of the Veterans Affairs with industry standards for ceased veteran before such transportation enactment of this Act and shall apply with caskets and urns. submits to the Secretary the following infor- respect to burials and funerals occurring on (b) ELEMENTS.—The report required by sub- mation: or after the date that is one year after the section (a) shall include the following: ‘‘(1) Whether the deceased veteran was cre- date of the enactment of this Act. (1) A description of industry standards for mated. SEC. 105. EXCLUSION OF PERSONS CONVICTED caskets and urns. ‘‘(2) The steps taken to ensure that the de- OF COMMITTING CERTAIN SEX OF- (2) An assessment of compliance with such ceased veteran has no next of kin. FENSES FROM INTERMENT OR ME- MORIALIZATION IN NATIONAL standards at national cemeteries adminis- ‘‘(b) DECEASED VETERAN DESCRIBED.—A de- CEMETERIES, ARLINGTON NA- tered by the Department with respect to cas- ceased veteran described in this subsection is TIONAL CEMETERY, AND CERTAIN kets and urns used for the interment of those a deceased veteran— STATE VETERANS’ CEMETERIES AND eligible for burial at such cemeteries. ‘‘(1) with respect to whom the Secretary FROM RECEIVING CERTAIN FU- determines that there is no next of kin or NERAL HONORS. TITLE II—HEALTH CARE other person claiming the body of the de- (a) PROHIBITION AGAINST.—Section 2411(b) SEC. 201. ESTABLISHMENT OF OPEN BURN PIT ceased veteran; and of title 38, United States Code, is amended by REGISTRY. ‘‘(2) who does not have sufficient resources adding at the end the following new para- (a) ESTABLISHMENT OF REGISTRY.— for the furnishing of a casket or urn for the graph: (1) IN GENERAL.—Not later than one year burial of the deceased veteran in a national ‘‘(4) A person— after the date of the enactment of this Act, cemetery, as determined by the Secretary.’’. ‘‘(A) who has been convicted of a Federal the Secretary of Veterans Affairs shall— (b) CLERICAL AMENDMENT.—The table of or State crime causing the person to be a (A) establish and maintain an open burn sections at the beginning of such chapter is tier III sex offender for purposes of the Sex pit registry for eligible individuals who may

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have been exposed to toxic airborne chemi- cifically designed and manufactured for the (4) SELECTION OF LOCATIONS.—The Sec- cals and fumes caused by open burn pits; burning of solid waste. retary shall select locations for the provision (B) include any information in such reg- SEC. 202. TRANSPORTATION OF BENEFICIARIES of training under subsection (a) to facilitate istry that the Secretary of Veterans Affairs TO AND FROM FACILITIES OF DE- access by participants and may not select determines necessary to ascertain and mon- PARTMENT OF VETERANS AFFAIRS. any location on a military installation other itor the health effects of the exposure of (a) IN GENERAL.—Chapter 1 of title 38, than a National Guard or reserve facility members of the Armed Forces to toxic air- United States Code, is amended by inserting that is not located on an active duty mili- borne chemicals and fumes caused by open after section 111 the following new section: tary installation. burn pits; ‘‘§ 111A. Transportation of individuals to and (d) INCLUSION OF INFORMATION ABOUT VET- (C) develop a public information campaign from Department facilities ERANS BENEFITS.—The Secretary shall ensure to inform eligible individuals about the open ‘‘(a) TRANSPORTATION BY SECRETARY.—(1) that the training provided under subsection burn pit registry, including how to register The Secretary may transport any person to (a) generally follows the content of the Tran- and the benefits of registering; and or from a Department facility or other place sition Assistance Program under section 1144 (D) periodically notify eligible individuals in connection with vocational rehabilitation, of title 10, United States Code. of significant developments in the study and counseling required by the Secretary pursu- (e) ANNUAL REPORT.—Not later than March treatment of conditions associated with ex- ant to chapter 34 or 35 of this title, or for the 1 of any year during which the Secretary posure to toxic airborne chemicals and purpose of examination, treatment, or care. provides training under subsection (a), the fumes caused by open burn pits. ‘‘(2) The authority granted by paragraph Secretary shall submit to Congress a report (2) COORDINATION.—The Secretary of Vet- (1) shall expire on the date that is one year on the provision of such training. erans Affairs shall coordinate with the Sec- after the date of the enactment of this sec- (f) COMPTROLLER GENERAL REPORT.—Not retary of Defense in carrying out paragraph tion.’’. later than 180 days after the termination of (1). (b) CONFORMING AMENDMENT.—Subsection the one-year period described in subsection (a), the Comptroller General of the United (b) REPORT TO CONGRESS.— (h) of section 111 of such title is— States shall submit to Congress a report on (1) REPORTS BY INDEPENDENT SCIENTIFIC OR- (1) transferred to section 111A of such title, the training provided under such subsection. GANIZATION.—The Secretary of Veterans Af- as added by subsection (a); fairs shall enter into an agreement with an (2) redesignated as subsection (b); The report shall include the evaluation of independent scientific organization to pre- (3) inserted after subsection (a) of such sec- the Comptroller General regarding the feasi- pare reports as follows: tion; and bility and advisability of carrying out off- (A) Not later than two years after the date (4) amended by inserting ‘‘TRANSPORTATION base transition training at locations nation- on which the registry under subsection (a) is BY THIRD-PARTIES.—’’ before ‘‘The Sec- wide. established, an initial report containing the retary’’. SEC. 302. REQUIREMENT THAT JUDGES ON following: (c) CLERICAL AMENDMENT.—The table of UNITED STATES COURT OF APPEALS sections at the beginning of chapter 1 of such FOR VETERANS CLAIMS RESIDE (i) An assessment of the effectiveness of WITHIN 50 MILES OF DISTRICT OF actions taken by the Secretaries to collect title is amended by inserting after the item relating to section 111 the following new COLUMBIA. and maintain information on the health ef- (a) RESIDENCY REQUIREMENT.— item: fects of exposure to toxic airborne chemicals (1) IN GENERAL.—Section 7255 is amended to and fumes caused by open burn pits. ‘‘111A. Transportation of individuals to and read as follows: from Department facilities.’’. (ii) Recommendations to improve the col- ‘‘§ 7255. Offices, duty stations, and residences lection and maintenance of such informa- SEC. 203. EXTENSION OF REDUCED PENSION FOR ‘‘(a) PRINCIPAL OFFICE.—The principal of- tion. CERTAIN VETERANS COVERED BY fice of the Court of Appeals for Veterans (iii) Using established and previously pub- MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILI- Claims shall be in the Washington, D.C., lished epidemiological studies, recommenda- TIES. metropolitan area, but the Court may sit at tions regarding the most effective and pru- Section 5503(d)(7) of title 38, United States any place within the United States. dent means of addressing the medical needs Code, is amended by striking ‘‘September 30, ‘‘(b) OFFICIAL DUTY STATIONS.—(1) Except of eligible individuals with respect to condi- 2016’’ and inserting ‘‘November 30, 2016’’. as provided in paragraph (2), the official duty tions that are likely to result from exposure SEC. 204. EXTENSION OF REPORT REQUIREMENT station of each judge while in active service to open burn pits. FOR SPECIAL COMMITTEE ON POST- shall be the principal office of the Court of (B) Not later than five years after com- TRAUMATIC-STRESS DISORDER. Appeals for Veterans Claims. pleting the initial report described in sub- Section 110(e)(2) of the Veterans’ Health ‘‘(2) The place where a recall-eligible re- paragraph (A), a follow-up report containing Care Act of 1984 (Public Law 98–528; 38 U.S.C. tired judge maintains the actual abode in the following: 1712A note) is amended by striking ‘‘through which such judge customarily lives shall be (i) An update to the initial report described 2012’’ and inserting ‘‘through 2016’’. considered the recall-eligible retired judge’s in subparagraph (A). TITLE III—OTHER MATTERS official duty station. (ii) An assessment of whether and to what SEC. 301. OFF-BASE TRANSITION TRAINING FOR ‘‘(c) RESIDENCES.—(1) Except as provided in degree the content of the registry estab- VETERANS AND THEIR SPOUSES. paragraph (2), after appointment and while lished under subsection (a) is current and (a) PROVISION OF OFF-BASE TRANSITION in active service, each judge of the Court of scientifically up-to-date. TRAINING.—During the two-year period be- Appeals for Veterans Claims shall reside (2) SUBMITTAL TO CONGRESS.— ginning on the date of the enactment of this within 50 miles of the Washington, D.C., met- (A) INITIAL REPORT.—Not later than two Act, the Secretary of Labor shall provide the ropolitan area. years after the date on which the registry Transition Assistance Program under sec- ‘‘(2) Paragraph (1) shall not apply to recall- under subsection (a) is established, the Sec- tion 1144 of title 10, United States Code, to eligible retired judges of the Court of Ap- retary of Veterans Affairs shall submit to eligible individuals at locations other than peals for Veterans Claims.’’. Congress the initial report prepared under military installations to assess the feasi- (2) CLERICAL AMENDMENT.—The table of paragraph (1)(A). bility and advisability of providing such pro- sections at the beginning of chapter 72 is (B) FOLLOW-UP REPORT.—Not later than gram to eligible individuals at locations amended by striking the item relating to five years after submitting the report under other than military installations. section 7255 and inserting the following new subparagraph (A), the Secretary of Veterans (b) ELIGIBLE INDIVIDUALS.—For purposes of item: Affairs shall submit to Congress the follow- this section, an eligible individual is a vet- ‘‘7255. Offices, duty stations, and resi- up report prepared under paragraph (1)(B). eran or the spouse of a veteran. dences.’’. (c) DEFINITIONS.—In this section: (c) LOCATIONS.— (b) REMOVAL.—Section 7253(f)(1) is amended (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- (1) NUMBER OF STATES.—The Secretary by striking ‘‘or engaging in the practice of ble individual’’ means any individual who, on shall carry out the training under subsection law’’ and inserting ‘‘engaging in the practice or after September 11, 2001— (a) in not less than three and not more than of law, or violating section 7255(c) of this (A) was deployed in support of a contin- five States selected by the Secretary for pur- title’’. gency operation while serving in the Armed poses of this section. (c) EFFECTIVE DATE.— Forces; and (2) SELECTION OF STATES WITH HIGH UNEM- (1) IN GENERAL.—Subsection (c) of section (B) during such deployment, was based or PLOYMENT.—Of the States selected by the 7255, as added by subsection (a), and the stationed at a location where an open burn Secretary under paragraph (1), at least two amendment made by subsection (b) shall pit was used. shall be States with high rates of unemploy- take effect on the date that is 180 days after (2) OPEN BURN PIT.—The term ‘‘open burn ment among veterans. the date of the enactment of this Act. pit’’ means an area of land located in Af- (3) NUMBER OF LOCATIONS IN EACH STATE.— (2) APPLICABILITY.—The amendment made ghanistan or Iraq that— The Secretary shall provide training under by subsection (b) shall apply with respect to (A) is designated by the Secretary of De- subsection (a) to eligible individuals at a suf- judges confirmed on or after January 1, 2012. fense to be used for disposing solid waste by ficient number of locations within each SEC. 303. DESIGNATION OF TRINKA DAVIS VET- burning in the outdoor air; and State selected under this subsection to meet ERANS VILLAGE. (B) does not contain a commercially manu- the needs of eligible individuals in such (a) DESIGNATION.—The facility of the De- factured incinerator or other equipment spe- State. partment of Veterans Affairs located at 180

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.033 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8229 Martin Drive in Carrollton, Georgia, shall COMMITTEE ON FOREIGN RELATIONS three times and passed; the motion to after the date of the enactment of this Act Mr. BINGAMAN. Mr. President, I ask reconsider be laid upon the table, with be known and designated as the ‘‘Trinka unanimous consent that the Com- no intervening action or debate; and Davis Veterans Village’’. mittee on Foreign Relations be author- that any related statements be printed (b) REFERENCES.—Any reference in any law, regulation, map, document, record, or ized to meet during the session of the in the RECORD. other paper of the United States to the facil- Senate on December 19, 2012, at 8:30 The PRESIDING OFFICER. Without ity referred to in subsection (a) shall be a.m., to hold a briefing entitled, ‘‘Ac- objection, it is so ordered. deemed to be a reference to the ‘‘Trinka countability Review Board’’. The amendment (No. 3405) was agreed Davis Veterans Village’’. The PRESIDING OFFICER. With ob- to. SEC. 304. DESIGNATION OF WILLIAM ‘‘BILL’’ jection, it is so ordered. (The amendment is printed in today’s KLING DEPARTMENT OF VETERANS RECORD under ‘‘Text of Amendments.’’) AFFAIRS OUTPATIENT CLINIC. COMMITTEE ON THE JUDICIARY (a) DESIGNATION.—The facility of the De- Mr. BINGAMAN. Mr. President, I ask The amendment was ordered to be partment of Veterans Affairs located at 9800 unanimous consent that the Com- engrossed and the bill to be read a West Commercial Boulevard in Sunrise, mittee on the Judiciary be authorized third time. Florida, shall after the date of the enact- to meet during the session of the Sen- The bill (H.R. 4057), as amended, was ment of this Act be known and designated as ate on December 19, 2012, at 10 a.m., in read the third time and passed. the ‘‘William ‘Bill’ Kling Department of Vet- f erans Affairs Outpatient Clinic’’. room SD–226 of the Dirksen Senate Of- (b) REFERENCES.—Any reference in a law, fice Building, to conduct a hearing en- FOREIGN AND ECONOMIC ESPIO- map, regulation, document, paper, or other titled ‘‘The State of the Right to Vote NAGE PENALTY ENHANCEMENT record of the United States to the facility re- After the 2012 Election.’’ ACT OF 2012 ferred to in subsection (a) shall be deemed to The PRESIDING OFFICER. With ob- be a reference to the ‘‘William ‘Bill’ Kling jection, it is so ordered. Mr. MERKLEY. I ask unanimous Department of Veterans Affairs Outpatient consent that the Senate proceed to the COMMITTEE ON VETERANS’ AFFAIRS Clinic’’. consideration of Calendar No. 493, H.R. Mr. BINGAMAN. Mr. President, I ask SEC. 305. DESIGNATION OF MANN-GRANDSTAFF 6029. DEPARTMENT OF VETERANS AF- unanimous consent that the Com- The PRESIDING OFFICER. The FAIRS MEDICAL CENTER. mittee on Veterans’ Affairs be author- (a) DESIGNATION.—The Department of Vet- clerk will report the bill by title. ized to meet during the session of the The legislative clerk read as follows: erans Affairs medical center in Spokane, Senate on December 19, 2012. A bill (H.R. 6029) to amend title 18, United Washington, shall after the date of the en- The PRESIDING OFFICER. With ob- actment of this Act be known and designated States Code, to provide for increased pen- as the ‘‘Mann-Grandstaff Department of Vet- jection, it is so ordered. alties for foreign and economic espionage, erans Affairs Medical Center’’. SUBCOMMITTEE ON FINANCIAL INSTITUTIONS ON and for other purposes. (b) REFERENCES.—Any reference in a law, CONSUMER PROTECTION There being no objection, the Senate map, regulation, document, paper, or other Mr. BINGAMAN. Mr. President, I ask proceeded to consider the bill. record of the United States to the Depart- unanimous consent that the Com- Mr. MERKLEY. I ask unanimous ment of Veterans Affairs medical center re- mittee on Banking, Housing, and ferred to in subsection (a) shall be deemed to consent that a Kohl-Lee substitute be a reference to the ‘‘Mann-Grandstaff De- Urban Affairs’ Subcommittee on Fi- amendment which is at the desk be partment of Veterans Affairs Medical Cen- nancial Institutions and Consumer agreed to; the bill, as amended, be read ter’’. Protection be authorized to meet dur- a third time and passed; the motions to SEC. 306. DESIGNATION OF DAVID F. WINDER DE- ing the session of the Senate on De- reconsider be laid upon the table with PARTMENT OF VETERANS AFFAIRS cember 19, 2012, at 10 a.m., to conduct a no intervening action or debate; and COMMUNITY BASED OUTPATIENT hearing entitled ‘‘Making Sense of CLINIC. that any statements related to the bill (a) DESIGNATION.—The Department of Vet- Consumer Credit Reports.’’ be printed in the RECORD. erans Affairs community based outpatient The PRESIDING OFFICER. With ob- The PRESIDING OFFICER. Without clinic located in Mansfield, Ohio, shall after jection, it is so ordered. objection, it is so ordered. the date of the enactment of this Act be Mr. MERKLEY. Mr. President, I ask The amendment (No. 3406) was agreed known and designated as the ‘‘David F. unanimous consent that the order for to as follows: Winder Department of Veterans Affairs Com- the quorum call be rescinded. (Purpose: In the nature of a substitute) munity Based Outpatient Clinic’’. The PRESIDING OFFICER. Without Strike all after the enacting clause and in- (b) REFERENCES.—Any reference in a law, objection, it is so ordered. map, regulation, document, paper, or other sert the following: record of the United States to the Depart- f SECTION 1. SHORT TITLE. ment of Veterans Affairs community based IMPROVING TRANSPARENCY OF This Act may be cited as the ‘‘Foreign and outpatient clinic referred to in subsection (a) EDUCATION OPPORTUNITIES FOR Economic Espionage Penalty Enhancement shall be deemed to be a reference to the VETERANS ACT OF 2012 Act of 2012’’. ‘‘David F. Winder Department of Veterans SEC. 2. PROTECTING U.S. BUSINESSES FROM FOR- Affairs Community Based Outpatient Clin- Mr. MERKLEY. Mr. President, I ask EIGN ESPIONAGE. ic’’. unanimous consent that the Veterans’ (a) FOR OFFENSES COMMITTED BY INDIVID- f Affairs Committee be discharged from UALS.—Section 1831(a) of title 18, United further consideration of H.R. 4057 and States Code, is amended, in the matter after AUTHORITY FOR COMMITTEES TO paragraph (5), by striking ‘‘not more than MEET the Senate proceed to its consider- ation. $500,000’’ and inserting ‘‘not more than $5,000,000’’. COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without (b) FOR OFFENSES COMMITTED BY ORGANIZA- TRANSPORTATION objection, it is so ordered. The clerk Mr. BINGAMAN. Mr. President, I ask TIONS.—Section 1831(b) of such title is will report the bill by title. unanimous consent that the Com- amended by striking ‘‘not more than The legislative clerk read as follows: $10,000,000’’ and inserting ‘‘not more than the mittee on Commerce, Science, and A bill (H.R. 4057) to amend title 38, United greater of $10,000,000 or 3 times the value of Transportation be authorized to meet States Code, to direct the Secretary of Vet- the stolen trade secret to the organization, during the session of the Senate on De- erans Affairs to develop a comprehensive including expenses for research and design cember 19, 2012. policy to improve outreach and transparency and other costs of reproducing the trade se- The PRESIDING OFFICER. With ob- to veterans and members of the Armed cret that the organization has thereby avoid- jection, it is so ordered. Forces through the provision of information ed’’. COMMITTEE ON FINANCE on institutions of higher learning, and for SEC. 3. REVIEW BY THE UNITED STATES SEN- Mr. BINGAMAN. Mr. President, I ask other purposes. TENCING COMMISSION. unanimous consent that the Com- There being no objection, the Senate (a) IN GENERAL.—Pursuant to its authority proceeded to consider the bill. under section 994(p) of title 28, United States mittee on Finance be authorized to Code, the United States Sentencing Commis- meet during the session of the Senate Mr. MERKLEY. I ask unanimous sion shall review and, if appropriate, amend on December 19, 2012. consent that the Murray substitute the Federal sentencing guidelines and policy The PRESIDING OFFICER. With ob- amendment which is at the desk be statements applicable to persons convicted jection, it is so ordered. agreed to; the bill, as amended, be read of offenses relating to the transmission or

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.033 S19DEPT1 jbell on DSK7SPTVN1PROD with S8230 CONGRESSIONAL RECORD — SENATE December 19, 2012 attempted transmission of a stolen trade se- bloc, with no intervening action or de- Elaine Jones, who reside in Westminster, cret outside of the United States or eco- bate, and that any related statements Massachusetts. nomic espionage, in order to reflect the in- be printed in the RECORD. (9) Mr. and Mrs. Jones organized the ship- tent of Congress that penalties for such of- The PRESIDING OFFICER. Without ment of supplies to soldiers serving along- fenses under the Federal sentencing guide- side their son, thereby supporting the morale lines and policy statements appropriately, objection, it is so ordered. of the members of the Armed Forces. reflect the seriousness of these offenses, ac- The bills (H.R. 3477, H.R. 3870, H.R. (10) Before entering combat, Lieutenant count for the potential and actual harm 3912, H.R. 5738, H.R. 5837, and H.R. 5954) Jones made arrangements to ensure that his caused by these offenses, and provide ade- were ordered to a third reading, were life insurance policy proceeds would become quate deterrence against such offenses. read the third time and passed. a scholarship fund to benefit others, a re- (b) REQUIREMENTS.—In carrying out this The bills (S. 3630 and S. 3662) were or- quest that Mr. and Mrs. Jones fulfilled. section, the United States Sentencing Com- dered to be engrossed for a third read- (11) Lieutenant Jones is remembered by his mission shall— ing, were read the time and passed, as family, his friends, and the people of the (1) consider the extent to which the Fed- follows: United States as a role model for his fellow eral sentencing guidelines and policy state- citizens to emulate. ments appropriately account for the simple S. 3630 (12) Lieutenant Jones’ spirit of generosity misappropriation of a trade secret, including (To designate the facility of the United has been commemorated by organizations the sufficiency of the existing enhancement States Postal Service located at 218 North ranging from the Commonwealth of Massa- for these offenses to address the seriousness Milwaukee Street in Waterford, Wisconsin, chusetts to the Boston Celtics. of this conduct; as the ‘‘Captain Rhett W. Schiller Post Of- (13) It is fitting that the life of Lieutenant (2) consider whether additional enhance- fice’’) Jones should be further memorialized for fu- ments in the Federal sentencing guidelines Be it enacted by the Senate and House of ture generations by naming the post office in and policy statements are appropriate to ac- Representatives of the United States of America Westminster, Massachusetts, in his honor. count for— in Congress assembled, SEC. 3. LIEUTENANT RYAN PATRICK JONES POST (A) the transmission or attempted trans- SECTION 1. CAPTAIN RHETT W. SCHILLER POST OFFICE BUILDING. mission of a stolen trade secret outside of OFFICE. (a) DESIGNATION.—The facility of the the United States; and (a) DESIGNATION.—The facility of the United States Postal Service located at 6 (B) the transmission or attempted trans- United States Postal Service located at 218 Nichols Street in Westminster, Massachu- mission of a stolen trade secret outside of North Milwaukee Street in Waterford, Wis- setts, shall be known and designated as the the United States that is committed or at- consin, shall be known and designated as the ‘‘Lieutenant Ryan Patrick Jones Post Office tempted to be committed for the benefit of a ‘‘Captain Rhett W. Schiller Post Office’’. Building’’. foreign government, foreign instrumen- (b) REFERENCES.—Any reference in a law, (b) REFERENCES.—Any reference in a law, tality, or foreign agent; map, regulation, document, paper, or other map, regulation, document, paper, or other (3) ensure the Federal sentencing guide- record of the United States to the facility re- record of the United States to the facility re- lines and policy statements reflect the seri- ferred to in subsection (a) shall be deemed to ferred to in subsection (a) shall be deemed to ousness of these offenses and the need to be a reference to the ‘‘Captain Rhett W. be a reference to the ‘‘Lieutenant Ryan Pat- deter such conduct; Schiller Post Office’’. rick Jones Post Office Building’’. (4) ensure reasonable consistency with S. 3662 f other relevant directives, Federal sentencing guidelines and policy statements, and re- (To designate the facility of the United DEPARTMENT OF STATE RE- lated Federal statutes; States Postal Service located at 6 Nichols WARDS PROGRAM UPDATE AND (5) make any necessary conforming Street in Westminster, Massachusetts, as the ‘‘Lieutenant Ryan Patrick Jones Post TECHNICAL CORRECTIONS ACT changes to the Federal sentencing guidelines OF 2012 and policy statements; and Office Building’’) (6) ensure that the Federal sentencing Be it enacted by the Senate and House of Rep- Mr. MERKLEY. Mr. President, I ask guidelines adequately meet the purposes of resentatives of the United States of America in unanimous consent the Senate proceed sentencing as set forth in section 3553(a)(2) of Congress assembled, to the immediate consideration of Cal- title 18, United States Code. SECTION 1. SHORT TITLE. endar No. 537, S. 2318. (c) CONSULTATION.—In carrying out the re- This Act may be cited as the ‘‘Lieutenant The PRESIDING OFFICER. The view required under this section, the Com- Ryan Patrick Jones Post Office Designation clerk will report the bill by title. mission shall consult with individuals or Act’’. The legislative clerk read as follows: groups representing law enforcement, owners SEC. 2. FINDINGS. A bill (S. 2318) to authorize the Secretary of trade secrets, victims of economic espio- Congress finds the following: of State to pay a reward to combat nage offenses, the United States Department (1) First Lieutenant Ryan Patrick Jones transnational organized crime and for infor- of Justice, the United States Department of volunteered to serve the United States in the mation concerning foreign nationals wanted Homeland Security, the United States De- Army. by international criminal tribunals, and for partment of State and the Office of the (2) Lieutenant Jones earned his rank, the other purposes. United States Trade Representative. Army Achievement Medal, the Purple Heart, EVIEW.—Not later than 180 days after (d) R the Bronze Star, the Iraqi Freedom Medal, The Senate proceeded to consider the the date of enactment of this Act, the Com- the Combat Action Badge, and the War on bill which had been reported from the mission shall complete its consideration and Terrorism Badge through his dedication to review under this section. Committee on Foreign Relations, with the highest ideals of the United States. an amendment to strike all after the The amendment was ordered to be (3) Lieutenant Jones chose from a young engrossed and the bill to be read a enacting clause and insert in lieu age to generously volunteer his talents to thereof the following: third time. his community, and was recognized with aca- The bill (H.R. 6029), as amended, was demic, social, and athletic leadership posi- SECTION 1. SHORT TITLE. read the third time and passed. tions throughout his life. This Act may be cited as the ‘‘Department of State Rewards Program Update and Technical f (4) Lieutenant Jones committed himself to excellence in all aspects of his life, including Corrections Act of 2012’’. MEASURES DISCHARGED earning a Bachelor of Science degree, with SEC. 2. FINDINGS; SENSE OF CONGRESS. Mr. MERKLEY. Mr. President, I ask honors, in civil and environmental engineer- (a) FINDINGS.—Congress makes the following unanimous consent that the Homeland ing. findings: (5) While earning his engineering degree at (1) The Department of State’s existing rewards Security and Governmental Affairs Worcester Polytechnic Institute, Lieutenant programs permit the payment of reward for in- Committee be discharged from the fol- Jones was awarded a Reserve Officers’ Train- formation leading to the arrest or conviction lowing postal naming bills en bloc and ing Corps scholarship. of— that the Senate proceed to their con- (6) Lieutenant Jones faithfully and (A) individuals who have committed, or at- sideration en bloc: H.R. 3477, H.R. 3870, expertly led his fellow soldiers as a platoon tempted or conspired to commit, certain acts of H.R. 3912, H.R. 5738, H.R. 5837, H.R. 5954, leader in the Army’s First Infantry Division international terrorism; S. 3630, and S. 3662. while deployed to Iraq in 2007. (B) individuals who have committed, or at- The PRESIDING OFFICER. Without (7) Lieutenant Jones made the ultimate tempted or conspired to commit, certain nar- sacrifice for the United States on May 2, cotics-related offenses; and objection, it is so ordered. 2007, when he was killed in action by an im- (C) individuals who have been indicted by cer- Mr. MERKLEY. I ask unanimous provised explosive device set by the enemy. tain international criminal tribunals. consent that the bills be read a third (8) Lieutenant Jones’ life of service, cour- (2) The Department of State considers the re- time and passed en bloc, the motions to age, and honor was made possible by his wards program to be ‘‘one of the most valuable reconsider be laid upon the table en dedicated parents, Mr. Kevin Jones and Mrs. assets the U.S. Government has in the fight

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00076 Fmt 4624 Sfmt 6333 E:\CR\FM\A19DE6.044 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8231 against international terrorism’’. Since the pro- ‘‘(3) ADVANCE NOTIFICATION FOR INTER- DIGNIFIED BURIAL OF VETERANS gram’s inception in 1984, the United States Gov- NATIONAL CRIMINAL TRIBUNAL REWARDS.—Not ACT OF 2012 ernment has rewarded over 60 people who pro- less than 15 days before publicly announcing vided actionable information that, according to that a reward may be offered for a particular Mr. MERKLEY. Mr. President, I ask the Department of State, prevented inter- foreign national accused of war crimes, crimes unanimous consent the Veterans’ Af- national terrorist attacks or helped convict indi- against humanity, or genocide, the Secretary of fairs Committee be discharged from viduals involved in terrorist attacks. State shall submit to the appropriate congres- further consideration of S. 3202, and (3) The program has been credited with pro- sional committees a report, which may be sub- the Senate proceed to its consider- viding information in several high-profile cases, mitted in classified form if necessary, setting ation. including the arrest of Ramzi Yousef, who was forth the reasons why the arrest or conviction of The PRESIDING OFFICER. Without convicted in the 1993 bombing of the World such foreign national is in the national interests objection, it is so ordered. The clerk Trade Center, the deaths of Uday and Qusay of the United States.’’; and Hussein, who United States military forces lo- (4) in subsection (k)— will report the bill by title. cated and killed in Iraq after receiving informa- (A) by redesignating paragraphs (5) and (6) as The legislative clerk read as follows: tion about their locations, and the arrests or paragraphs (7) and (8), respectively; and A bill (S. 3202) to amend title 38, United deaths of several members of the Abu Sayyaf (B) by inserting after paragraph (4) the fol- States Code, to ensure that deceased vet- group, believed to be responsible for the lowing new paragraphs: erans with no known next of kin can receive kidnappings and deaths of United States citi- ‘‘(5) TRANSNATIONAL ORGANIZED CRIME.—The a dignified burial, and for other purposes. zens and Filipinos in the Philippines. term ‘transnational organized crime’ means— There being no objection, the Senate (b) SENSE OF CONGRESS.—It is the sense of ‘‘(A) racketeering activity (as such term is de- proceeded to consider the bill. Congress that the rewards program of the De- fined in section 1961 of title 18, United States Mr. MERKLEY. I ask unanimous Code) that involves at least one jurisdiction out- partment of State should be expanded in order consent the Murray substitute amend- to— side the United States; or (1) address the growing threat to important ‘‘(B) any other criminal offense punishable by ment at the desk be agreed to, the bill, United States interests from transnational crimi- a term of imprisonment of at least four years as amended, be read three times and nal activity, such as intellectual property rights under Federal, State, or local law that involves passed, the motion to reconsider be piracy, money laundering, trafficking in per- at least one jurisdiction outside the United laid upon the table, with no inter- sons, arms trafficking, and cybercrime; and States and that is intended to obtain, directly or vening action or debate, and any state- (2) target other individuals indicted by inter- indirectly, a financial or other material benefit. ments be printed in the RECORD. national, hybrid, or mixed tribunals for geno- ‘‘(6) TRANSNATIONAL ORGANIZED CRIME The PRESIDING OFFICER. Without cide, war crimes, or crimes against humanity. GROUP.—The term ‘transnational organized crime group’ means a group of persons that in- objection, it is so ordered. SEC. 3. ENHANCED REWARDS AUTHORITY. The amendment (No. 3407) was agreed Section 36 of the State Department Basic Au- cludes one or more citizens of a foreign country, exists for a period of time, and acts in concert to. thorities Act of 1956 (22 U.S.C. 2708) is amend- (The text of the amendment is print- ed— with the aim of engaging in transnational orga- (1) in subsection (a)(2), by inserting ‘‘serious nized crime.’’. ed in today’s RECORD under ‘‘Text Of violations of international humanitarian law, SEC. 4. TECHNICAL CORRECTION. Amendments.’’) transnational organized crime,’’ after ‘‘inter- Section 36(e)(1) of the State Department Basic The bill (S. 3202), as amended, was or- national narcotics trafficking,’’; Authorities Act of 1956 (22 U.S.C. 2708) is dered to be engrossed for a third read- (2) in subsection (b)— amended by striking ‘‘The Secretary shall au- ing, was read the third time, and (A) in the matter preceding paragraph (1), by thorize a reward of $50,000,000 for the capture or passed. striking ‘‘Attorney General’’ and inserting death or information leading to the capture or ‘‘heads of other relevant departments or agen- death of Osama bin Laden.’’. f cies’’; SEC. 5. RULE OF CONSTRUCTION. IMPROVING VETERANS ACCESS TO (B) in paragraphs (4) and (5), by striking Nothing in this Act or the amendments made FEDERAL SURPLUS PERSONAL ‘‘paragraph (1), (2), or (3)’’ both places it ap- by this Act shall be construed as authorizing the PROPERTY pears and inserting ‘‘paragraph (1), (2), (3), (8), use of activity precluded under the American or (9)’’; Servicemembers’ Protection Act of 2002 (title II Mr. MERKLEY. Mr. President, I ask (C) in paragraph (6)— of Public Law 107–206; 22 U.S.C. 7421 et seq.). unanimous consent the Senate now (i) by inserting ‘‘or transnational organized SEC. 6. FUNDING. proceed to the consideration of S. 3698, crime group’’ after ‘‘terrorist organization’’; and The Secretary of State shall use amounts ap- which was submitted earlier today. (ii) by striking ‘‘or’’ at the end; propriated or otherwise made available to the The PRESIDING OFFICER. The (D) in paragraph (7)— (i) in the matter preceding subparagraph (A), Emergencies in the Diplomatic and Consular clerk will report the bill by title. by striking ‘‘, including the use by the organiza- Services account of the Department of State to The legislative clerk read as follows: tion of illicit narcotics production or inter- pay rewards authorized pursuant to this Act A bill (S. 3698) to amend title 40, United national narcotics trafficking’’ and inserting and to carry out other activities related to such States Code, to improve veterans service or- ‘‘or transnational organized crime group, in- rewards authorized under section 36 of the State ganizations access to federal surplus per- cluding the use by such organization or group Department Basic Authorities Act (22 U.S.C. sonal property. of illicit narcotics production or international 2708). There being no objection, the Senate narcotics trafficking’’; Mr. MERKLEY. I further ask the proceeded to consider the bill. (ii) in subparagraph (A), by inserting ‘‘or committee-reported substitute amend- Mr. MERKLEY. I ask unanimous transnational organized crime’’ after ‘‘inter- ment be agreed to, the bill as amended consent the bill be read a third time national terrorism’’; and be read a third time, and the Senate and passed, the motion to reconsider be (iii) in subparagraph (B)— immediately proceed to a voice vote on (I) by inserting ‘‘or transnational organized laid upon the table, and any state- crime group’’ after ‘‘terrorist organization’’; and passage of the bill as amended. ments relating to the bill be printed in (II) by striking the period at the end and in- The PRESIDING OFFICER. Without the RECORD. serting a semicolon; and objection, it is so ordered. The PRESIDING OFFICER. Without (E) by adding at the end the following new The committee amendment in the objection, it is so ordered. paragraphs: nature of a substitute was agreed to. The bill (S. 3698) was ordered to be ‘‘(8) the arrest or conviction in any country of The bill was ordered to be engrossed engrossed for a third reading, was read any individual for participating in, primarily for a third reading and was read the the third time, and passed, as follows: outside the United States, transnational orga- third time. nized crime; S. 3698 ‘‘(9) the arrest or conviction in any country of The PRESIDING OFFICER. If there Be it enacted by the Senate and House of Rep- any individual conspiring to participate in or is no further debate, the question is on resentatives of the United States of America in attempting to participate in transnational orga- agreeing to the bill as amended. Congress assembled, nized crime; or The bill (S. 2318), as amended, was SECTION 1. SHORT TITLE. ‘‘(10) the arrest or conviction in any country, passed. This Act may be cited as the ‘‘Formerly or the transfer to or conviction by an inter- Mr. MERKLEY. I further ask the mo- Owned Resources for Veterans to Express national criminal tribunal (including a hybrid tion to reconsider be made and laid Thanks for Service Act of 2012’’ or the ‘‘FOR or mixed tribunal), of any foreign national ac- upon the table, without any inter- VETS Act of 2012’’. cused of war crimes, crimes against humanity, vening action or debate and any state- SEC. 2. VETERANS ACCESS TO FEDERAL EXCESS or genocide, as defined under the statute of AND SURPLUS PERSONAL PROP- such tribunal.’’; ment be printed in the RECORD. ERTY. (3) in subsection (g), by adding at the end the The PRESIDING OFFICER. Without Section 549(c)(3) of title 40, United States following new paragraph: objection, it is so ordered. Code, is amended—

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.054 S19DEPT1 jbell on DSK7SPTVN1PROD with S8232 CONGRESSIONAL RECORD — SENATE December 19, 2012 (1) in subparagraph (A), by striking ‘‘or’’ at Senate, observing the 100th birthday of REID, MIKULSKI, DURBIN, PRYOR, NEL- the end; Rosa Parks and commemorating her SON of Florida, BROWN of Ohio, LIEBER- (2) in subparagraph (B)— legacy. I am especially pleased to have MAN, Mr. CONRAD, LAUTENBERG, KOHL, (A) in clause (viii), by adding ‘‘or’’ at the had the input of Senators STABENOW, CANTWELL, MCCASKILL, WYDEN, COONS, end; and BAUCUS, WHITEHOUSE, MANCHIN, BEN- (B) by striking clause (x); and SESSIONS, and ALEXANDER in the (3) by adding at the end the following: crafting of this resolution, which is be- NET, CARDIN, HAGAN, CASEY, BEGICH, ‘‘(C) for purposes of providing services to fitting one who so significantly con- MENENDEZ, WARNER, UDALL of New veterans (as defined in section 101 of title 38), tributed to the breaking down the bar- Mexico, KLOBUCHAR, INOUYE, CORKER, to an organization whose— riers of legal discrimination against JOHNSON of South Dakota, FRANKEN, ‘‘(i) membership comprises substantially African Americans, and equality for us ROCKEFELLER, UDALL of Colorado, veterans; and all. BLUMENTHAL, AKAKA, REED, SHAHEEN, ‘‘(ii) representatives are recognized by the Although Rosa Parks will be forever WEBB, MCCAIN, LUGAR, and GRASSLEY. Secretary of Veterans Affairs under section associated with one day in Mont- Mr. LEAHY. Mr. President, I am 5902 of title 38.’’. gomery, AL, she lived most of her life pleased the Senate will agree to S. Res. f in my home state of Michigan, and we 618, a resolution observing the 100th birthday of civil rights icon Rosa OBSERVING THE 100TH BIRTHDAY proudly claim her as our own. She con- Parks, and commemorating her legacy. OF ROSA PARKS tinued to dedicate her life to advancing equal opportunity and to educating our It is hard to believe that 57 years have Mr. MERKLEY. Mr. President, I ask youth about the past struggles for free- passed since Rosa Parks refused to give unanimous consent that the Judiciary dom, from slavery up to the civil rights up her seat on a public bus, a heroic Committee be discharged from further movement of the 1960s. act for a young woman from Tuskegee, consideration of S. Res. 618 and the In 1987, Rosa Parks and Elaine Steele AL, who joined so many in the fight for Senate proceed to its immediate con- co-founded the Rosa and Raymond civil rights. I am proud of the progress sideration. Parks Institute for Self-Development. this country has made toward equality The PRESIDING OFFICER. Without Its primary focus has been working for all, in large part thanks to the work and inspiration of leaders like objection, it is so ordered. with young people from across the Rosa Parks, although we as a Nation The clerk will report the resolution country and the world as part of the by title. have more work to do. ‘‘Pathways to Freedom’’ program. With Rosa’s brave act of defiance inspired The legislative clerk read as follows: the work of the Institute, we can truly A resolution (S. Res. 618) observing the a city-wide boycott and national move- say that in addition to having played a ment, and she remains an important 100th birthday of civil rights icon Rosa major role in shaping America’s past Parks and commemorating her legacy. symbol of the civil rights movement to and present, Rosa Parks is continuing There being no objection, the Senate this day. Her legacy reminds to help shape America’s future. Vermonters and Americans all over the proceeded to consider the resolution. In the spirit of the enormous con- Mr. LEVIN. Mr. President, over a country that one brave voice or action tributions of Rosa Parks to this Na- can shine a light on injustice and chal- half century ago, Rosa Parks sparked a tion, the Henry Ford Museum of Dear- revolution in American race relations lenge society to accept nothing less born, MI will commemorate the 100th than freedom and equality for all man- when she decided that she would no birthday of Rosa Parks by calling for a longer tolerate the humiliation and de- kind. national day of courage; and spon- In 2006 I was proud to work to reau- moralization of racial segregation on a soring a program that highlights her thorize one of the most important civil bus. The strength and spirit of this contributions to the civil rights move- rights laws in our history and to have courageous woman captured the con- ment. The activities will include a day- that voting rights legislation bare sciousness of not only the American long celebration, with both virtual and Rosa Parks’ name. Unfortunately, people but the entire world. Her stand on-site activities featuring nationally- some are trying to overturn that pro- on that December day in 1955 was not recognized speakers, musical and dra- tective and important law despite the an isolated incident but part of a life- matic interpretative performances, a continuing threat to the right to vote. time of struggle for equality and jus- panel presentation of ‘‘Rosa’s Story’’ As we commemorate her birth 100 tice. Twelve years earlier, in 1943, Rosa and a reading of the tale ‘‘Quiet years ago, I hope we can all agree that Parks had been arrested for violating Strength,’’ and will feature the actual threats to civil rights are not a relic of another one of the city’s bus related bus on which Rosa Parks sat as the the past. To honor Rosa Parks’ mem- segregation laws requiring blacks to centerpiece in commemorating Rosa ory, we must continue to fight to en- pay their fares at the front of the bus Parks’ extraordinary life and accom- sure that all Americans can vote and then get off of the bus and re-board plishments, and affording everyone the have their vote counted. I thank Sen- from the rear of the bus. The driver of opportunity to board the bus and sit in ator LEVIN for submitting this resolu- that bus was the same driver with the seat that Rosa Parks refused to tion and am proud to join him in com- whom she would have her confronta- give up. memorating the legacy of Rosa Parks. tion years later. Mr. President, in November of 2005, Mr. MERKLEY. Mr. President, I ask Rosa Parks, by her quiet courage, upon her passing, Rosa Parks became unanimous consent that the resolution symbolizes all that is vital about non- the first woman in the history of the be agreed to, the preamble be agreed violent protest, as she endured threats United States to lie in honor in the to, the motions to reconsider be laid of death and persisted as an advocate Capitol Rotunda. And, a few years ear- upon the table, with no intervening ac- for the simple, basic lessons she taught lier on June 15, 1999, Rosa Parks was tion or debate, and any statements be the Nation and from which the Nation presented with the highest honor of placed in the RECORD. has benefitted immeasurably. The bus Congress, the Congressional Gold The resolution (S. Res. 618) was boycott which Rosa Parks began was Medal, of which I was pleased to co- agreed to. the beginning of an American revolu- author. I was also pleased to be a part The preamble was agreed to. tion that elevated the status of African of the effort in directing the Architect The resolution, with its preamble, Americans nationwide and introduced of the Capitol to commission a statue reads as follows: to the world a young leader who would of Rosa Parks, which will soon be S. RES. 618 one day have a national holiday de- placed in the U.S. Capitol, making her Whereas Rosa Louise McCauley Parks was clared in his honor, the Reverend Mar- the second African American woman to born on February 4, 1913, in Tuskegee, Ala- tin Luther King, Jr. receive such an honor. bama, the first child of James and Leona February 4, 2013, marks the 100th An- Mr. President, the cosponsors of the (Edwards) McCauley; Whereas Rosa Parks dedicated her life to niversary of the birth of Rosa Parks. In resolution are: Senators STABENOW, the cause of universal human rights and recognition of this occasion, I am im- SESSIONS, ALEXANDER, LANDRIEU, COCH- truly embodied the love of humanity and mensely proud to be joined by 56 bipar- RAN, HARKIN, SHELBY, CORNYN, BOXER, freedom; tisan cosponsors of S. Res. 618, which MURRAY, COBURN, KERRY, HUTCHISON, Whereas Rosa Parks was arrested on De- was just adopted unanimously by the GILLIBRAND, MR. LEAHY, SANDERS, cember 1, 1955, in Montgomery, Alabama, for

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.055 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8233 refusing to give up her seat on a bus to a gram that highlights her contributions to Whereas the National World War II Mu- White man, and her stand for equal rights the civil rights movement, including a day- seum advances the mission of educating the became legendary; long celebration, with both virtual and on- public about the experience of the United Whereas news of the arrest of Rosa Parks site activities featuring nationally recog- States in World War II, covering all branches resulted in approximately 42,000 African- nized speakers, musical and dramatic inter- of the Armed Forces and the Merchant Ma- Americans boycotting Montgomery buses for pretative performances, a panel presentation rine, and documenting and highlighting ac- 381 days, beginning on December 5, 1955, of ‘‘Rosa’s Story’’ and a reading of the tale tivities on both the battlefront and home until the bus segregation law was changed on ‘‘Quiet Strength’’, featuring the actual bus front; December 21, 1956; on which Rosa Parks sat as the centerpiece Whereas the exhibits and programs of the Whereas the United States Supreme Court in commemorating Rosa Parks’ extraor- National World War II Museum portray why ruled on November 13, 1956, that the Mont- dinary life and accomplishments, and afford- the War occurred, how the War was won, and gomery segregation law was unconstitu- ing everyone the opportunity to board the what the War means today, and celebrate the tional, and on December 20, 1956, Mont- bus and sit in the seat that Rosa Parks re- spirit of the United States and enduring val- gomery officials were ordered to desegregate fused to give up; and ues displayed during the War; buses; Whereas the Rosa Parks Museum at Troy Whereas the National World War II Mu- Whereas the civil rights movement led to University and the Mobile Studio will com- seum emphasizes the diverse nature of the the Civil Rights Act of 1964 (Public Law 88– memorate the birthday of Rosa Parks with war effort of the United States, reflecting 352; 78 Stat. 241), which broke down the bar- the 100th Birthday Wishes Project, culmi- the contributions of women, African-Ameri- rier of legal discrimination against African- nating on February 4, 2013, with a 100th cans, Japanese-Americans, Hispanic Ameri- Americans and made equality before the law birthday celebration at the Davis Theatre cans, Native Americans, and other groups a reality for all people of the United States; for the Performing Arts in Montgomery, Ala- that have been neglected in many accounts Whereas Rosa Parks has been honored as bama, where 2,000 birthday wishes submitted of World War II; the ‘‘first lady of civil rights’’ and the by individuals throughout the United States Whereas the 12,000 landing craft designed ‘‘mother of the freedom movement’’, and her will be transformed into 200 graphic mes- and built by Higgins Industries in New Orle- quiet dignity ignited the most significant so- sages: Now, therefore, be it ans made amphibious invasions possible and cial movement in the history of the United Resolved, That the Senate— carried United States soldiers ashore in States; (1) observes the 100th birthday of civil every theatre and campaign during the War; Whereas, in 1987, Rosa Parks and her close rights icon Rosa Parks; and Whereas President Dwight D. Eisenhower, associate Elaine Steele cofounded the Rosa (2) commemorates the legacy of Rosa the former Supreme Commander of the Al- and Raymond Parks Institute for Self Devel- Parks to inspire all people of the United lied Expeditionary Forces in Europe, cred- opment to motivate and direct youth to States to stand up for freedom and the prin- ited Andrew Jackson Higgins, the chief exec- achieve their highest potential through Rosa ciples of the Constitution. utive officer of Higgins Industries, as the Parks’ philosophy of ‘‘quiet strength’’ and ‘‘man who won the war for us,’’ in a 1960s cross-cultural exposure for nurturing a glob- Mr. MERKLEY. Mr. President, I ask conversation with the preeminent historian al and inclusive perspective; that Senator WEBB be added as a co- Stephen E. Ambrose, leading Ambrose to ini- Whereas Rosa Parks was the recipient of sponsor. tiate plans for the National World War II many awards and accolades for her efforts on The PRESIDING OFFICER. Without Museum; behalf of racial harmony, including the Con- objection, it is so ordered. Whereas the National D-Day Museum, now gressional Gold Medal, the Spingarn Award, f known as the ‘‘National World War II Mu- which is the highest honor of the National seum’’, has made great strides in the devel- Association for the Advancement of Colored OPENING OF THE UNITED STATES opment of the facilities, exhibits, and pro- People for civil rights contributions, and the FREEDOM PAVILION grams at the Museum; Presidential Medal of Freedom, which is the Mr. MERKLEY. Mr. President, I ask Whereas the National World War II Mu- highest civilian honor in the United States, seum, since the grand opening on June 6, and was named one of the 20 most influential unanimous consent that the Senate 2000, which was the 56th anniversary of the and iconic figures of the 20th century; proceed to the immediate consider- D-Day invasion of Normandy, France, has at- Whereas Rosa Parks sparked one of the ation of S. Res. 625 submitted earlier tracted more than 3,000,000 visitors from largest movements in the United States today. across the United States and around the against racial segregation, and by her quiet The PRESIDING OFFICER. The world, and has reached millions more courage symbolizes all that is vital about clerk will report the resolution by through Internet-based and other distance nonviolent protest because of the way she title. learning programs; endured threats of death and persisted as an The legislative clerk read as follows: Whereas World War II veterans and home advocate for the basic lessons she taught the front supporters, recognized as the ‘‘greatest people of the United States; A resolution (S. Res. 625) recognizing the generation’’ because of the sacrifices of the Whereas Rosa Parks and her husband Ray- January 12, 2013, opening of the United veterans and home front supporters at a piv- mond Parks relocated to Michigan in 1957, States Freedom Pavilion: The Boeing Center otal time in United States history, are pass- and remained in Michigan until the death of at the National World War II Museum in New ing away at a rapid rate, creating an urgent Rosa Parks on October 24, 2005; Orleans, Louisiana, and supporting plans for need to preserve the stories, and to pay trib- Whereas, on Tuesday, October 26, 2005 the other educational pavilions and initiatives. ute to the service of the veterans and home United States Senate adopted a Resolution There being no objection, the Senate front supporters; expressing its condolences on the passing of proceeded to consider the resolution. Whereas Congress recognizes the need to Rosa Parks, and honored her life and accom- Mr. MERKLEY. Mr. President, I ask preserve forever the knowledge and history plishments; unanimous consent that the resolution of the most decisive achievement of the Whereas, in recognition of the historic con- be agreed to, the preamble be agreed United States during the 20th century and to tributions of Rosa Parks, her remains were portray that history to citizens, scholars, placed in the rotunda of the Capitol from Oc- to, the motions to reconsider be laid visitors, and school children for generations tober 30 to October 31, 2005, so that the peo- upon the table, with no intervening ac- to come; ple of the United States could pay their last tion or debate, and any statements re- Whereas Congress appropriated funds in respects to this great American; lating to the measure be printed in the 1992 to authorize the design and construction Whereas, in November 2005, Congress au- RECORD. of the National D-Day Museum to commemo- thorized the Joint Committee on the Library The PRESIDING OFFICER. Without rate the epic 1944 Normandy invasion, and to procure a statue of Rosa Parks to be objection, it is so ordered. appropriated additional funds in 1998, 2000, placed in the Capitol; The resolution (S. Res. 625) was 2001, 2002, 2003, and 2009 to help expand the Whereas the United States Postal Service agreed to. Museum to cover the entire experience of the will issue a stamp in February 2013 to honor The preamble was agreed to. United States in World War II, and the trans- Rosa Parks and her courage to act at a piv- The resolution, with its preamble, formational impact on the United States and otal moment in the civil rights movement; the world; Whereas, the bus on which Rosa Parks reads as follows: Whereas the World War II Memorial on the sparked a new era in the American quest for S. RES. 625 National Mall in Washington, DC, will al- freedom and equality is one of the most sig- Whereas historians Stephen E. Ambrose ways be the symbolic memorial where people nificant artifacts of the American civil and Gordon H. ‘‘Nick’’ Mueller, among oth- come to remember the sacrifices made dur- rights movement and is on permanent dis- ers, founded the National D-Day Museum on ing World War II; play in the Henry Ford Museum in Dearborn, June 6, 2000; Whereas the National World War II Mu- Michigan; Whereas section 8134(c) of the Department seum in New Orleans will always be the edu- Whereas, on February 4, 2013, the Henry of Defense Appropriations Act of 2004 (Public cational institution where people come to Ford Museum, will commemorate the 100th Law 108-87; 117 Stat. 1105) designated the Na- learn about the monumental struggle by the birthday of Rosa Parks by calling for a Na- tional D-Day Museum as ‘‘America’s Na- United States against would-be oppressors, tional Day of Courage and sponsoring a pro- tional World War II Museum’’; so that future generations can understand

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.056 S19DEPT1 jbell on DSK7SPTVN1PROD with S8234 CONGRESSIONAL RECORD — SENATE December 19, 2012 the role the United States played in the pres- Campaigns of Courage: European and Pacific Committee on Finance, appoints the ervation and advancement of freedom in the Theaters Pavilion, the Liberation Pavilion, following individual to the United middle of the 20th century; and a Union Station train experience in the States-China Economic Security Re- Whereas the State of Louisiana and thou- original Louisiana Memorial Pavilion: Now, view Commission: Katherine Tobin of sands of donors, including foundations, com- therefore, be it panies, and Museum members in every State, Resolved, That the Senate— Virginia for a term beginning January have contributed millions of dollars and (1) recognizes and applauds the planned 1, 2013 and expiring December 31, 2014. January 12, 2013, opening of the United other support to help build and advance the f National World War II Museum, and hun- States Freedom Pavilion: The Boeing Cen- dreds of volunteers, many from the World ter, an iconic pavilion funded in part by the ORDERS FOR THURSDAY, War II era, have provided invaluable assist- Federal Government and a major feature of DECEMBER 20, 2012 ance to the Museum; the institution designated by section 8134(c) Whereas the Board of Trustees of the Na- of the Department of Defense Appropriations Mr. MERKLEY. Mr. President, I ask tional World War II Museum, national in Act of 2004 (Public Law 108-87; 117 Stat. 1105) unanimous consent that when the Sen- scope, and the Presidential Counselors advi- as ‘‘America’s National World War II Mu- ate completes its business today, it ad- sory group, featuring leading historians and seum’’; journ until 11 a.m. on Thursday, De- museum professionals, provide effective (2) recognizes the generous assistance from cember 20, 2012; that following the private individuals, corporations, founda- guidance and oversight for the National prayer and the pledge, the Journal of World War II Museum; tions, the Federal Government, the State of Whereas the National World War II Mu- Louisiana, and other public entities com- proceedings be approved to date, the seum continues to add to and maintain 1 of mitted to offering a lasting tribute to the morning hour be deemed expired, and the largest personal history collections in achievements of the United States in World the time for the two leaders be re- the United States, representing the experi- War II; and served for their use later in the day; ences of the men and women who fought in (3) expresses support for the mission of the that following any leader remarks, the World War II and served on the home front, National World War II Museum as vital to Senate resume consideration of H.R. 1, with more than 7,000 videotaped, oral, and the preservation of democratic values, to the the legislative vehicle for the emer- understanding of United States history and written accounts in the collection, and plans gency supplemental appropriations to digitize the collection to vastly improve founding principles, and to the education of public access; future generations about the relevance of the bill. Whereas the National World War II Mu- War experience to the past and future great- The PRESIDING OFFICER. Without seum is an official affiliate of the Smithso- ness of the United States. objection, it is so ordered. nian Institution, with a formal agreement to f f borrow Smithsonian artifacts for exhibits; APPOINTMENTS Whereas the National World War II Mu- PROGRAM seum collaborates with other museums and The PRESIDING OFFICER. The Mr. MERKLEY. Tonight the major- memorials in the United States and around Chair, on behalf of the President pro ity leader filed cloture on the sub- the world; tempore, pursuant to Public Law 106– Whereas the National World War II Mu- stitute amendment and the emergency 398, as amended by Public Law 108–7, seum has added major facilities in recent supplemental bill. We will work on an and upon the recommendation of the years through donor support, including the agreement for amendments to the bill. Republican leader, in consultation with Solomon Victory Theater complex, which The filing deadline for all first-degree features a 4-D theater, the Stage Door Can- the Ranking Members of the Senate amendments is 1 p.m. tomorrow. teen, a United Service Organization-styled Committee on Armed Services and the Senator INOUYE will lie in state in entertainment venue, and the Kushner Res- Senate Committee on Finance, ap- the Capitol Rotunda tomorrow. Sen- toration Pavilion, home to a major patrol points the following individuals to the ators will gather in the Senate Cham- torpedo boat restoration project; United States-China Economic Secu- Whereas the National World War II Mu- ber at 9:35 a.m. tomorrow morning to rity Review Commission: Robin Cleve- seum will open the United States Freedom proceed to the viewing together. Pavilion: The Boeing Center in January 2013; land of Virginia for a term expiring De- Whereas the Pavilion will feature aircraft cember 31, 2014, Dennis C. Shea of Vir- f such as the B-17 bomber and the P-51 fighter, ginia for a term expiring December 31, the latter flown by the Tuskegee Airmen, 2014, and James M. Talent of Missouri, ADJOURNMENT UNTIL 11 A.M. and a submarine experience and exhibits for a term expiring December 31, 2013. TOMORROW honoring Medal of Honor recipients, govern- The Chair, on behalf of the President Mr. MERKLEY. If there is no further ment leaders who served in World War II, pro tempore, pursuant to Public Law business to come before the Senate, I and industries that became known as the 106–398, as amended by Public Law 108– ask unanimous consent that it adjourn ‘‘Arsenal of Democracy’’; and Whereas other major pavilions and inter- 7, and upon the recommendation of the under the previous order. active exhibits are planned or under develop- Majority Leader, in consultation with There being no objection, the Senate, ment as the Museum anticipates the comple- the Chairmen of the Senate Committee at 10:21 p.m., adjourned until Thursday, tion of the campus by 2016, including the on Armed Services and the Senate December 20, 2012, at 11 a.m.

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DEPARTMENT OF LABOR Why does the DOL ask employers to waive (HEART) of San Mateo County and is a policy ACTIVITIES ON OREGON FARMS rights for future findings of fact or law in its leader in the development of affordable hous- consent judgments? ing within our community. HEART has as- What opportunity is there for an employer HON. GREG WALDEN to respond without having his/her perishable sisted in developing nearly every major afford- OF OREGON crop under threat? able housing development in our county since IN THE HOUSE OF REPRESENTATIVES On farms and elsewhere throughout the its founding. Supervisor Gibson was instru- Tuesday, December 18, 2012 economy, DOL serves a vital function in mental in designing San Mateo County’s hous- communicating and enforcing rules and laws ing element and can always be counted upon Mr. WALDEN. Mr. Speaker, following is the to protect all working people. Statutes and to advocate for the elemental right to decent letter I referred to earlier today. rules give the Department the tools nec- housing for every human being. essary to apply remedies commensurate with CONGRESS OF THE UNITED STATES, Public health has always been a significant Washington, DC, August 17, 2012. the severity and/or frequency of violations of the law. It is our hope that the fairness and part of Supervisor Gibson’s agenda. She initi- Hon. HILDA L. SOLIS, ated a countywide summit on health dispari- Secretary, U.S. Department of Labor, due process provided by law is available to Washington, DC. all employers and employees alike. ties, an event that led to the creation of sev- DEAR MADAM SECRETARY: In the last two Please consider this request consistent eral health-focused task forces. The task weeks, we have received reports about De- with all applicable laws and regulations. We forces, in turn, identified strategies to reduce partment of Labor (DOL) activities on Or- thank you for your consideration and look childhood obesity and drug and alcohol abuse. forward to your response. egon farms which raise significant questions. As one example of a brick-and-mortar impact Specifically, we have been made aware of Sincerely, KURT SCHRADER. in our community, the Ravenswood Family three issuances of ‘‘hot goods’’ orders (HGO) Health Clinic was founded in East Palo Alto as by DOL to sanction violations of the Fair PETER DEFAZIO. Labor Standards Act (FLSA) since August RON WYDEN. a result of a team of advocates, including 2nd. Depending on the case, these HGOs can GREG WALDEN. most notably Supervisor Gibson. This facility is prevent perishable farm products from being JEFF MERKLEY. a linchpin in community healthcare in East shipped off-farm, and effectively shut down SUZANNE BONAMICI. Palo Alto. harvest activity while the order is in place. f Rose also served on the East Palo Alto City We absolutely do not condone violations of Council from 1992 to 1999. She was Mayor in the FLSA. However, in a phone call with IN RECOGNITION OF SAN MATEO COUNTY SUPERVISOR ROSE JA- 1995 and 1996. She and her many allies in Congressman Kurt Schrader and DOL rep- the community were instrumental in reducing resentatives on Monday, August 13th, 2012, COBS GIBSON the DOL asserted that a HGO could only be the crime rate and in helping to restore com- considered after thorough investigation, due HON. JACKIE SPEIER munity faith in law enforcement. process opportunities for response by the em- While on the city council, Rose Jacobs Gib- OF CALIFORNIA ployer, and a finding that the violations son supported the shutdown of a toxic chem- IN THE HOUSE OF REPRESENTATIVES were willful, egregious, and/or repeated. In- ical plant and as a member of the Board of deed, DOL’s website states that restraining Tuesday, December 18, 2012 Supervisors she demanded an investigation of the shipment of goods is to be used after a Ms. SPEIER. Mr. Speaker, I rise to honor toxic contaminants in our county parks. She thorough process: ‘‘When all the fact-finding steps have been San Mateo County Supervisor Rose Jacobs regularly worked with our transportation agen- completed, the employer and/or the employ- Gibson upon her retirement from the San cy to improve public transit for her district’s er’s representative will be told whether vio- Mateo County Board of Supervisors. residents and she worked as a member of a lations have occurred and, if so, what the While on the board, Supervisor Gibson initi- team of community leaders to secure funding violations are and how to correct them. If ated the East Palo Alto Crime Reduction Task and approvals for school improvements back wages are owed, the employer will be Force, a collaborative effort between law en- throughout her district. asked to pay the back wages and the em- forcement and community groups. This effort Rose Jacobs Gibson will be remembered ployer may be asked to compute the successfully reinforced the accomplishments fondly in San Mateo County as a leader who amounts due. . . . In the absence of an em- ployer voluntarily correcting the violations, of her city service and led to the adoption of was eloquent and forceful, gracious and prin- the Wage and Hour Division may seek to re- additional measures to reduce violence. cipled, visionary and practical. San Mateo strain the shipment of the goods.’’ Today, this task force stresses four strategies County has been the beneficiary of Supervisor We are concerned that Oregon farmers to create a healthier East Palo Alto: Preven- Gibson’s public service at so many levels and have presented us with a narrative and sup- tion, Intervention, Enforcement, Sustainability. in so many ways that it is difficult to sum up porting documentation that indicates that These are all strategies championed by Rose the achievements of a lifetime in a single reci- DOL may have abandoned the normal due Jacobs Gibson and they include the activities tation of her accomplishments. I respectfully process mechanisms and remedies in favor of end these comments with a simple observa- a significant sanction. In one case, a farmer of community clean ups, gang intervention, a was told that the HGO would only be lifted Police Activities League, and a re-entry pro- tion about Rose Jacobs Gibson: She has left after a large sum was paid to DOL and after gram for ex-offenders. East Palo Alto is a her mark, and generations yet to come will live he signed a consent judgment. The consent healthier place for all residents thanks to Rose better lives because of her service. judgment included a waiver of any recourse Jacobs Gibson and her leadership. f if findings of fact or law later exonerated Supervisor Gibson also continued her efforts him. It required a waiver of the right to con- to reduce crime by helping to create the Do- IDENTIFY TROUBLED YOUTH test the finding. All this took place before mestic Violence Council. The council is a per- NEEDING HELP AND SUPPORT the farmer was ever informed in writing manent instrument to educate policymakers in what the alleged violations were. We are not asking you to address these our county about this critically important sub- HON. MARCY KAPTUR specific cases and cannot verify their credi- ject. She co-chaired the first Women’s Crimi- OF OHIO bility, but rather, we are writing to ask you nal Justice Summit, a forum that identified IN THE HOUSE OF REPRESENTATIVES for additional clarification of DOL proce- many ways that existing resources could be Tuesday, December 18, 2012 dures and practices for issuing HGOs on agri- used to improve the outcomes of our criminal cultural enterprises and enforcing the FLSA, justice system. She is a strong advocate for Ms. KAPTUR. Mr. Speaker, in our con- including: programs that prepare incarcerated women to tinuing efforts to turn the tragic events at New- Is it the policy of the DOL to not disclose alleged violations to employers before lead independent, productive lives once they town to high purpose, I include two articles issuing hot goods orders? re-enter the community. from the USA Today newspaper, one entitled What test or standard is the DOL using to Supervisor Gibson sits on the board of the ‘‘A Boy Lost in the Shadows’’, and another, determine the need for a hot goods order? Housing Endowment and Regional Trust ‘‘Newtown Puts Mental Services in Spotlight.’’

∑ 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 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A18DE8.007 E19DEPT1 smartinez on DSK6TPTVN1PROD with E1952 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2012 These articles remind me of a conversation Dunn, a junior at Massachusetts College of are saddened, but struggling to make sense a few years ago with a caring grade school Pharmacy and Health Sciences, said she of what has transpired.’’ teacher from my own district who became never saw him talk with anyone or hang out The Lanzas’ neighbors on Yogananda quite frustrated with the local school system’s with friends. He spent time with computers Street say it’s puzzling that on such a close- and cameras in the technology room and be- knit block where residents throw barbecues inability to help her manage the behavior of a longed to the Tech Club. for newcomers, so few of them knew Adam child in her elementary classroom. The child, ‘‘He would always have his head down Lanza or had ever seen him. several times a day, became uncontrollable, walking to class with his briefcase—kind of ‘‘It’s a mystery. Nobody knows them, moving about the classroom, throwing tan- scurrying.’’ she said. ‘‘He never sat down or which is odd for this neighborhood,’’ Len trums, screaming loudly, often falling to the said anything to kids at this locker. He was Strocchia said. ‘‘Everyone knows each other floor, thus causing great confusion in the just there in the background.’’ through the children, the school bus. The class. Despite the teacher’s repeated attempts Andrew Lapple, who sat next to Lanza in community here is kids.’’ to help the child, it became obvious profes- homeroom their senior year at Newtown Neighbor Dave Lapp said he had little to sional help was needed. A complicating factor High, told the Hartford Courant that Lanza tell the FBI and State Police when they ‘‘never really talked at all’’ and walked the became family members who were in denial called on Friday night. ‘‘We walked by their corridors at school clutching his laptop. house with the dog every day, and we don’t that anything out of the ordinary was actually ‘‘He walked down the halls, against the know them. We’ve never even seen them,’’ occurring with the child, despite the constant wall almost like he was afraid of people,’’ Lapp said. disruption, acting out, anger, and anti-social Lapple said. ‘‘He was definitely kind of Dunn, Adam Lanza’s classmate, fears that behavior the child was demonstrating. After re- strange, but you’d never think he’d do some- may have been at the root of the problem. peated attempts that took three years, and let thing like this.’’ ‘‘Maybe if someone had tried to reach out me emphasize three years, the teacher was Lanza grew up in Sandy Hook in a sprawl- to Adam—maybe he needed a friend. Maybe able to have the child referred to behavioral ing colonial house with his parents, Nancy this wouldn’t have happened,’’ Dunn said. specialists and placed in a more appropriate and Peter, and an older brother, Ryan, 24. ‘‘He’s just one kid who slipped through the His parents divorced in 2009 after a long sep- cracks.’’ learning environment. That situation alone aration, and his father has remarried. Fam- made me wonder about the manner in which ily friends and relatives say much of his edu- [From USA Today, December 17, 2012] we as a society make help available to chil- cation was home schooling by his mother. NEWTOWN PUTS MENTAL SERVICE IN dren who exhibit destructive behaviors that are He attended Reed Intermediate School for SPOTLIGHT harmful to themselves and potentially to oth- sixth grade and appears in a 2003 yearbook ers. photo. In the a 2005 yearbook for Newtown (By Liz Szabo) Mr. Speaker, as a society, we seem to lack Middle School, he’s listed with the seventh Families and doctors who treat the men- the methods to identify troubled youth and put grade without a picture under ‘‘camera shy,’’ tally ill say they hope Friday’s tragedy in them on a proper path to healing, if healing is but he isn’t listed in the eighth-grade class Newtown, Conn., will refocus the nation’s at- possible. Too often, a child is left floundering the next year. His name surfaces at Newtown tention on improving mental health services. High School in 2008 as a sophomore. due to our collective inabilities to help them Police have not released details about the Marsha Moskowitz of Sandy Hook drove motives or mental state of shooter Adam find a constructive path forward. For example, the school bus that took Lanza to Newtown Lanza. But perpetrators of similar mass many of our local boards of education often Middle. She remembers him as ‘‘quiet, shy shootings—at Virginia Tech, Northern Illi- are not properly equipped to identify and as- and reserved.’’ nois University and an event in Tuscon for sist children who are uncivil or who are com- His mother clashed with school officials former congresswoman Gabrielle Giffords— pletely alienated from their surroundings. and eventually removed Adam from public all had serious mental health conditions. Some families, too, seem unaware of their school and home-schooled him, her former ‘‘We wait for things like this to happen and child’s behaviors as unusual or potentially de- sister-in-law, Marsha Lanza of Chicago, told then everyone talks about mental health,’’ structive. As the article I inserted in the a CBS News affiliate. says Priscilla Dass-Brailsford, an associate Lanza had trouble with her youngest son professor of psychology at Georgetown Uni- RECORD yesterday reports, some parents are for years, and her friend Louise Tambascio, so overwhelmed in caring for children with versity Medical Center. ‘‘But they quickly owner of My Place Pizza & Restaurant. He forget.’’ special behavioral conditions, they simply was diagnosed with a disorder on the autism There are hundreds of multiple-casualty don’t know what else to do. Then again, too spectrum called Asperger syndrome, she shootings a year, says forensic psychologist often there is no one to call to help. said. Psychologist Elizabeth Laugeson, an Dewey Cornell, director of the Virginia Through the Commission President Obama assistant clinical professor at the University Youth Violence Project. People have become proposed be formed to address the conditions of California-Los Angeles, had no knowledge so desensitized that they pay no attention, that led to Newtown’s tragedy, surely that of Adam Lanza’s case but said, ‘‘There really he says, yet mental illness contributes to do- Commission should invite a cross section of is no clear association between Asperger’s mestic violence, child abuse, drug addiction, Americans to share their knowledge about and violent behavior.’’ homelessness and incarceration. Investing in Nancy Lanza stopped into My Place once what led to the mass killings that have harmed mental health care could help prevent trage- or twice a week but rarely talked about her dies, he says. so many in our nation over the past decade, younger son, Tambascio said. Ryan, the and what we must do as a society to prevent ‘‘Mental health has shrunk down to the older son, bused table at the restaurant for level of short-term crisis management,’’ Cor- future tragedies. We can all envision a future two years. He is outgoing and personable, nell says. ‘‘We can’t think about the gunman where the incredible intelligence and goodwill she said. The brothers haven’t spoken in two in the parking lot and what to do with him. of the citizens of our nation can lead us to a years, she said. We have to get involved a lot earlier.’’ better day if we provide a forum to listen care- ‘‘Ryan who was the complete opposite of Schools and communities ‘‘have cut their fully to the voices among us who grapple with his brother,’’ she said. Adam ‘‘always had his mental health services to the bone. We’re these challenges daily. face down. He would never look you in the paying a price for it.’’ eye.’’ [From USA Today, December 17, 2012] Police say the three guns used in the mas- f A BOY LOST IN THE SHADOWS sacre were purchased legally and registered CONDEMNING THE HORRIFIC AT- to Nancy Lanza, whom friends described as a (By Donna Leinwand Leger and Yamiche TACKS IN NEWTOWN, CON- Alcindor) gun and shooting aficionado. Tambascio said NECTICUT, AND EXPRESSING SANDY HOOK, CONN. Adam Lanza left only shooting was ‘‘a hobby.’’ the faintest impression on classmates, neigh- She ‘‘had nothing to do with what her son SUPPORT AND PRAYERS FOR bors and the people of Newtown before he did. She’s a good person, goodhearted. She ALL THOSE IMPACTED BY THIS killed his mother and shot his way into would do anything for you,’’ Tambascio said. TRAGEDY Sandy Hook Elementary, where he killed 20 Nancy Lanza ‘‘liked the single-mindedness children and six teachers before turning the of shooting,’’ her landscaper, Dan Holmes SPEECH OF gun on himself. told The Washington Post, Holmes said she Lanza, 20, skulked through the hallways of mentioned taking her son to the firing range HON. LAURA RICHARDSON Newtown High School in over-sized button- to practice. Holmes never entered the house OF CALIFORNIA down shirts, eyes perpetually downcast. His or saw her son, but she did once bring an an- IN THE HOUSE OF REPRESENTATIVES name appears a few times on the honor roll tique rifle outside to show him, he told the published in the weekly Newtown Bee, but Post. Monday, December 17, 2012 his picture is absent from The Newtown The shooter’s father, Peter Lanza of Stam- Nighthawk yearbook. ford, said the family is ‘‘in a state of dis- Ms. RICHARDSON. Mr. Speaker, I rise ‘‘He was very withdrawn,’’ said Tracy belief.’’ today with a heart full of sorrow over the hor- Dunn, 20, who graduated from Newtown High ‘‘We, too, are asking why,’’ he said in a rific violence at Sandy Hook Elementary School in 2010, Lanza’s class. written statement. ‘‘Like so many of you, we School in Newtown, Connecticut, which

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A18DE8.008 E19DEPT1 smartinez on DSK6TPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1953 claimed the innocent lives of twenty children its at two percent of revenue and return the talented musician, and today we recognize he and six school employees. The loss of life and differences to its customers. Last year that dif- has replaced discord with harmony throughout innocence at Sandy Hook is a tragedy over ference amounted to almost $500 million. his life. which all Americans mourn, and the thoughts Bruce also serves on the board and execu- It is my pleasure to join our Thai friends in and prayers of Americans everywhere go out tive committee of America’s Health Insurance celebrating this important occasion, and ex- to all the victims and their families. Plans (AHIP) and the BlueCross and tend my best regards to His Majesty for his This tragedy represents the fourth time the BlueShield Association board. He is a member good health and a happy birthday. Nation has been horrified to learn that inno- of the Institute of Medicine’s Roundtable on f cent lives have been ended by gun violence in Value & Science-Driven Health Care and PERSONAL EXPLANATION the past few months. I believe the time has serves on the board of directors of the Cali- come—indeed, the time has long passed—for fornia Business Roundtable, WageWorks, and this Nation to reevaluate the accessibility and the University of California, Berkeley’s Health HON. ADAM SMITH control, in particular, of military assault weap- Services Management Program. OF WASHINGTON ons in our country. He joined Blue Shield in 1994 as president IN THE HOUSE OF REPRESENTATIVES I therefore call upon the President and the and chief operating officer. Previously, he Tuesday, December 18, 2012 Congress to place sensible gun control legisla- served as senior vice president and associate Mr. SMITH of Washington. Mr. Speaker, on tion at the top of their legislative agenda, be- chief operating officer of FHP International Monday, December 17, 2012, I was unable to ginning with the reposition of the expired as- Corporation in Southern California. be present for recorded votes. Had I been sault weapons ban. Although such action can- A native of Iowa, Bruce earned his BA from present, I would have voted: ‘‘yes’’ on vote not undo last week’s tragedy, I believe it will Colorado State University and his MA from the No. 627 (on the motion to suspend the rules help to prevent a similar occurrence in the fu- University of Colorado, both in philosophy. and pass H.R. 4606, as amended); and ‘‘yes’’ ture. For the sake of those lost in Connecticut Bruce says that his education has deeply in- on vote No. 628 (on the motion to suspend and all Americans who mourn, we should act fluenced his career and world perspective. the rules and pass S. 3193). without delay. When he received the Lifetime Achievement f Words cannot express the deep grief of the Award from the San Francisco Business families and loved ones of the victims, nor can Times this year, he said that his training in IN RECOGNITION OF CHRISTINE they properly offer comfort. My thoughts and philosophy, logic, communications and think- KROLIK prayers are with the children, parents, teach- ing about big questions had an application ers, staff members, and families affected by particularly in a world that was changing to a HON. JACKIE SPEIER the violence. I ask my colleagues to join me new model of health care. OF CALIFORNIA in a moment of silence. In his retirement, Bruce is looking forward to IN THE HOUSE OF REPRESENTATIVES f dedicating more time to his family and friends Tuesday, December 18, 2012 IN RECOGNITION OF BRUCE and his favorite past time—tennis. Ms. SPEIER. Mr. Speaker, I rise to honor BODAKEN Mr. Speaker, I ask the House of Represent- Christine Krolik, retiring Hillsborough city coun- atives to rise with me to honor Bruce cil member, former mayor, and tireless advo- Bodaken, a compassionate leader, big thinker cate for our public schools and many commu- HON. JACKIE SPEIER and tireless advocate. His fight to cover all the OF CALIFORNIA nity organizations. uninsured isn’t over and hasn’t always been IN THE HOUSE OF REPRESENTATIVES Christine moved to Hillsborough in 1995 easy, but he will not give up. His commitment with her husband Jeff and two sons, John and Tuesday, December 18, 2012 reminds me of something his most inspira- Billy. She immediately immersed herself in Ms. SPEIER. Mr. Speaker, I rise to honor tional icon, Nelson Mandela, once said: work to improve the public school system by my friend and true visionary Bruce Bodaken, ‘‘When the water starts boiling, it is foolish to advocating for smaller class sizes. She com- who many years ago brought his passion to turn off the heat.’’ bined two of her outstanding talents in this ef- expand health insurance coverage to all Amer- f fort: singing and fundraising. While she co- icans to Blue Shield of California. Bruce is chaired the Scrip Committee from 1996–2000, CELEBRATING THE 85TH BIRTH- now retiring after a remarkable ten-year tenure she launched the Scripettes singers to pro- DAY OF HIS MAJESTY KING of outstanding service as Chairman, President mote sales. The four Scripettes performed BHUMIBOL ADULYADEJ OF THAI- and CEO of Blue Shield. jazzy versions of holiday songs including ‘‘Jin- LAND Bruce is not your typical health plan CEO. gle Bell Rock,’’ ‘‘Have Yourself a Merry Little In fact, I was prepared not to like him when Christmas’’ and ‘‘Swingin’ at Santa’s Place.’’ we first met more than ten years ago. He has HON. DANA ROHRABACHER Today the group calls itself Swing Set and a Masters degree in philosophy and was OF CALIFORNIA continues to delight people at civic functions teaching that subject at the University of Colo- IN THE HOUSE OF REPRESENTATIVES from singing the National Anthem at Giants’ rado when he shifted his career to health care. Tuesday, December 18, 2012 games to warming up the crowd at The man who will take over Bruce’s role in Hillsborough’s Light Up the Town celebrations. January 2013, Paul Markovich, currently COO Mr. ROHRABACHER. Mr. Speaker, we join Christine’s boundless energy has been suc- of Blue Shield, calls him their ‘‘resident philos- the people of Thailand in commemorating the cessfully put to use as co-chair of Hillsborough opher.’’ 85th birthday of His Majesty King Bhumibol Concourse events in 2001, co-chair of the Under Bruce’s leadership, Blue Shield be- Adulyadej of Thailand on December 5, 2012. Measure B campaign to benefit Hillsborough’s came one of the fastest growing health plans During King Bhumibol’s 66 year reign, he public schools in 2002, and the Citizens Com- in California, with a total membership today of has continued to foster a strong partnership munication Advisory Committee appointed by 3.3 million and 4,800 employees. In 2002, with the United States. As a great source of the mayor to help the city council and town Bruce was the first health plan CEO in the tranquility in the country, he has helped Thai- staff to communicate with residents about country to propose a plan for universal cov- land strengthen its friendship with the United issues affecting the town, also in 2002. erage. His plan became a template for the Af- States while becoming an example of democ- Christine was first elected to the city council fordable Care Act enacted by Congress in racy and economic development in Southeast in 2004. From 2006–2008, she served as vice 2010. I share Bruce’s belief that health care is Asia. Next year, we look forward to celebrating mayor, and from 2008–2010 she served as a right, not a privilege. the 180th anniversary of America’s bilateral re- mayor. During her 2010 term, she oversaw Bruce launched the Blue Shield of California lationship with Thailand since the signing of Hillsborough’s Centennial, a flawlessly orches- Foundation which has given over $150 million the Treaty of Amity and Commerce. trated celebration featuring marching bands, in grants during the last five years to support King Bhumibol’s life work has been dedica- floats and vintage cars, and the dedication of community clinics, children’s health initiatives, tion to the fulfillment of his coronation oath: Centennial Park. That year Christine was ap- domestic violence programs, leadership train- ‘‘We shall reign with righteousness for the propriately honored for her countless contribu- ing and policy research. It was named one of benefit and happiness of the Siamese peo- tions as Hillsborough Citizen of the Year. the country’s 20 most generous corporate ple.’’ Today we applaud his righteousness and Christine is a firm believer that a strong foundations by BusinessWeek in 2010. his many accomplishments that have brought sense of community is vital in a city and im- In a remarkable move, Bruce oversaw the peace, stability, and prosperity to the people proves quality of life. While mayor, she em- company’s precedent setting step to cap prof- of Thailand. It is known that His Majesty is a barked on an ambitious agenda to develop a

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A18DE8.009 E19DEPT1 smartinez on DSK6TPTVN1PROD with E1954 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2012 Hillsborough emergency preparedness pro- native people living in the area at that time. positive impact Chief Deputy Brown has made gram, the Hillsborough Neighborhood Net- About 40 years later in 1932, the city literally on the sheriff’s office, and his community, will work, an outdoor movie night, adult classes at bought the Capitan Grande Reservation to continue to inspire others to serve their nation, Town Hall and the first ever Hillsborough Me- build a reservoir and the people were removed state, and community long into the future. morial Day Parade. from their land. Mr. Speaker, I ask that my fellow colleagues Her remarkable contributions to the Town In 1932, without a homeland but with some join me in recognizing Jerry Brown. He has have been matched by her generous support Federal monies allotted from the sale, a group earned the thanks of a grateful nation for his of many important community organizations. of the Capitan Grande tribal members pur- service and the thanks of our community for Christine serves as president and board mem- chased the Barona Ranch which today is the his unwavering commitment. Please join me in ber of Innvision/Shelter Network providing Barona Indian Reservation near Lakeside, wishing Chief Deputy Sheriff Jerry Brown a transitional housing to homeless families, vet- about 30 miles northeast of San Diego. For very long and happy retirement. erans and single adults. She is past president many years living without electricity and other f and present board member of Hillbarn Theatre services, the tribal members tried to create a IN RECOGNITION OF GINNY SILVA providing valuable cultural programming in the living through the ranch and farming. JAQUITH county. Until the early 1990s, the Barona Tribe was A native of Philadelphia, Christine earned still struggling economically in the backwoods her BA in Theater from Arcadia University, of San Diego County. In 1994, the tribe, with HON. JACKIE SPEIER OF CALIFORNIA and she is a graduate of the conservatory at the consulting guidance of Venture Catalyst, IN THE HOUSE OF REPRESENTATIVES Circle-in-the-Square School of Theatre in New opened the Barona Casino ‘‘Big Top’’, and this York. She is an accomplished actress in ama- property eventually became the world-class Tuesday, December 18, 2012 teur productions and has played memorable Barona Valley Ranch Resort and Casino. Ms. SPEIER. Mr. Speaker, I rise to honor roles such as Adelaide in Guys and Dolls and The casino has become the means to a res- Dr. Ginny Silva Jaquith, a close friend, former Dolly in Hello, Dolly. toration of self-sufficiency, prosperity and re- colleague and remarkable public servant who The vitality, creativity and enthusiasm that newed hope. Unemployment and welfare de- is retiring today from serving an interim term Christine has brought to the city council for pendency have dropped from 70 percent to on the Pacifica City Council. When the city eight years will certainly be missed. She has zero on the Barona reservation. needed her, Ginny stepped up to the plate created a standard of community engagement Mr. Speaker, the Barona Band of Mission and brought her professionalism and experi- which will be an inspiration to her successors. Indians has a long and strong tradition that ence to the council. In the 30 plus years I Mr. Speaker, I ask the House of Represent- continues to this day. I urge my colleagues to have known Ginny, she has always risen to atives to rise with me to honor one of the fin- join me in supporting this legislation. the occasion. est local elected officials of San Mateo Coun- f Ginny is no stranger to the Pacifica City ty, Christine Krolik. I am honored to call her Council. She served on it from 1980–1992, in- one of my best friends. She has dedicated TRIBUTE TO JERRY BROWN cluding three terms as mayor. The highlights herself to the betterment of her fellow resi- from her tenure were the creation of the city’s dents and our beautiful town. At a white ele- HON. GREG WALDEN best known event, the Pacifica Fog Fest, and phant Christmas party a year ago, Christine OF OREGON the Community Center, both of which greatly enhanced the wonderful sense of community fought for a superman costume—a fitting sym- IN THE HOUSE OF REPRESENTATIVES in Pacifica. Ginny served on the Pacifica bol of a person who has committed her life to Tuesday, December 18, 2012 helping other survive and thrive. Coast Fog Fest founding board from 1985 to 1992 and after she left the council, she was f Mr. WALDEN. Mr. Speaker, it is with great pride that I rise today to pay special tribute to on the Fog Fest Organizing Group from 2000– BARONA BAND OF MISSION INDI- Hood River County Chief Deputy Sheriff Jerry 2010. ANS LAND TRANSFER CLARI- Brown. Chief Deputy Brown joins Sheriff Joe She worked closely with the Golden Gate FICATION ACT OF 2012 Wampler in retirement from the Hood River National Recreation Area to acquire Sweeney County Sheriff’s Office on January 1, 2013, Ridge, a spectacular hiking area of ridges and SPEECH OF capping a career in law enforcement and pub- ravines between Pacifica and San Bruno that HON. LAURA RICHARDSON lic service going back to the 1970’s. Chief slope down to the San Francisco Bay on one Deputy Brown has dedicated his life to duty, side and the Pacific Ocean on the other. She OF CALIFORNIA helped turn the Sanchez Art Center into re- IN THE HOUSE OF REPRESENTATIVES honor, and service to the citizens and visitors of Hood River County, Oregon. ality. The city worked closely with local artists Monday, December 17, 2012 Jerry Brown has served his country and his and residents to purchase an abandoned ele- Ms. RICHARDSON. Mr. Speaker, I rise community for decades. He is not only a long mentary school and transform it into the in- today in support of S. 3193, which amends the time veteran of law enforcement, but also he valuable art and educational center it is now. Ginny was also instrumental in the estab- Native American Technical Corrections Act of is a veteran of the U.S. Marine Corps who lishment of the Redevelopment Agency in 2004 to revise the description of the land to be served our country in Vietnam. In 1978 he Rockaway Beach and a Commercial Develop- held in trust for the Barona Band of Mission took the reins of ‘‘The Next Door,’’ a non-profit ment Task Force and Plan. She served on the Indians of California. This noncontroversial bill organization in Hood River that provides care San Mateo County Civil Grand Jury and on states that the parcel of private, non-Indian and support for children and families in the the Pacifica Task Force for Sharp Park Golf land that is excluded from the revised descrip- area. During his time with The Next Door, Course. tion was not intended to be held in trust for Jerry coordinated week-long hikes and camp- Today she continues to give her time and the Band or considered to be part of its res- ing trips for youth, diligently fundraised, and energy to the Board of Directors of Pacificans ervation. secured accreditation through the Youth Care Care, the Rotary Club of Pacifica, the Presidio As a member of the Native American Cau- Association. His efforts helped form the pro- Golf Club and the City of Pacifica Beautifi- cus, I have worked with my colleagues in Con- gram into a model for other areas to follow cation Task Force. gress to address the needs of Native Ameri- that endures to this day. Ginny was born in Gustine, California and cans. California is home to nearly one hun- The pull to serve and protect citizens of my grew up in the Sunnyvale, Cupertino area. dred federally recognized tribes. I have made home town, Hood River, Oregon, drew Jerry She earned her BS in Recreation from San it a priority of mine in Congress to safeguard to his full-time career in law enforcement. He Jose State University, her MS in Recreation the interests of our tribes. started as a patrolman with Hood River Police Administration from San Francisco State Uni- After thousands of years of peaceful life in Department and spent 20 years working to en- versity, and her EdD in Education from the the region, known today as San Diego County, suring the community’s safety. During his ca- University of San Francisco. Native American life was abruptly changed in reer with Hood River Police Department, Jerry She taught in SFSU’s Recreation and Lei- the late 1700s. More than 200 years of hard- also served as a detective, sergeant, and at- sure Department for 27 years, was the depart- ship for Native Americans began with the ar- tained the rank of lieutenant before joining the ment chair for three years and is a Professor rival of the Spanish military and the establish- sheriffs office in 2006. Emerita. ment of the first presidio and mission in 1769. For the past six years, Jerry has served as She and her husband Robin of 38 years live In 1875, the Federal Government estab- Sheriff Wampler’s chief deputy, lending his on Pedro Point. In her spare time she enjoys lished the Capitan Grande Reservation for the knowledge and experience to the position. The the arts, playing golf, cooking and traveling.

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K18DE8.011 E19DEPT1 smartinez on DSK6TPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1955 Mr. Speaker, I ask the House of Represent- tenure. UCR is ranked among the top 200 Shuttle Propulsion Office at Marshall from atives to rise with me to honor Dr. Ginny campuses around the globe in both the 2005 to 2007, where he was responsible for Jaquith for her past and continuing service to Shanghai Jiao Tong Academic Ranking of overseeing the manufacture, assembly and the residents of Pacifica. Her tireless commit- World Universities and the Times Higher Edu- operation of the primary shuttle propulsion ele- ment and dedication have made this beloved cation rankings, and was recognized for its ex- ments: the main engines, external tank, solid coastal town a better and more beautiful place ceptional commitment to public service by rocket boosters and reusable solid rocket mo- for everyone. Washington Monthly. Other accomplishments tors. f include the creation of a strategic plan to Mr. Lightfoot received a bachelor’s degree guide the institution, the announcement of the in mechanical engineering in 1986 from the TRIBUTE TO CHANCELLOR new School of Public Policy, growth of cam- University of Alabama. In October 2007, he TIMOTHY P. WHITE pus enrollment to almost 21,000 students, and was named Distinguished Departmental Fel- new levels of achievement and accomplish- low for the University of Alabama, Department HON. KEN CALVERT ment by faculty and students alike. In addition, of Mechanical Engineering. He was selected OF CALIFORNIA under Chancellor White’s guidance, Riverside as a University of Alabama College of Engi- IN THE HOUSE OF REPRESENTATIVES was selected to host the new UCPath project, neering fellow in 2009. Lightfoot serves on the University of Alabama Mechanical Engineering Tuesday, December 18, 2012 which will consolidate basic human resources operations across the entire UC system as a Advisory Board. In 2010, he was inducted into Mr. CALVERT. Mr. Speaker, I rise today to permanent cost-saving measure. the State of Alabama Engineering Hall of honor and pay tribute to an individual whose I have come to know Chancellor White well Fame. dedication and contributions to southern Cali- through many years working together on a va- Mr. Lightfoot has received numerous awards fornia and higher education are exceptional. riety of educational issues in Riverside. I can during his NASA career, including a NASA The University of California has been fortunate personally attest to the Chancellor’s incredible Outstanding Leadership medal in 2007 for ex- to have dynamic and dedicated community work-ethic, professionalism, and positive atti- emplary leadership of the Shuttle Propulsion leaders who willingly and unselfishly give their tude. He is married to Dr. Karen N. White, Office, assuring safety for the return to flight of time and talent and make their communities a who is an Associate of the Chancellor and an the space shuttle. In 2006, he was awarded better place to live and work. Chancellor Tim- assistant clinical Professor for the UCR Bio- the Presidential Rank Award for Meritorious othy P. White is one of these individuals. After medical Sciences Program. She has been a Executives, and in 2010 he received the Presi- four years of service to the University of Cali- great advocate on behalf of our veterans dential Rank Award for Distinguished Execu- fornia, Riverside (UCR), he will be leaving the through the Operation Education Scholarship tives—the highest honors attainable for federal University of California to take a new post as Program, which she founded and established government work. In 2000, Mr. Lightfoot re- Chancellor of the California State University on the UCR campus in 2010. They have four ceived a Spaceflight Leadership Recognition system. sons. Award, which recognizes leaders who exem- Chancellor White was born in Buenos Aires, In light of all Chancellor White has done for plify characteristics necessary for success. In Argentina. He later immigrated to northern the University of California and the Inland Em- 1999, NASA’s astronaut corps presented him California, and is a first-generation college stu- pire, it is only fitting that he be honored as he with a Silver Snoopy Award, which honors in- dent who has matriculated within every college continues his service to higher education. dividuals who have made key contributions to system in California. After beginning at Diablo Chancellor White’s tireless passion for public the success of human spaceflight missions. Valley Community College, he earned a Bach- service and higher education has contributed He also received the NASA Exceptional elor’s Degree from Fresno State University, a immensely to the betterment of our region and Achievement Medal in 1996 for significant Master’s from Cal State Hayward (East Bay), the state and I am proud to call him a fellow contributions to NASA’s mission. and a Ph.D. in Exercise Physiology at the Uni- community member, American and friend. I We are thankful for the years of dedication versity of California, Berkeley. He previously know that many community members are and hard work by Robert Lightfoot. We wish held positions as Professor and Chair of the grateful for his service and salute him as he him and his family the best in this new role of Department of Human Biodynamics at UC moves onto the next phase of his life. service to our country. Berkeley, and as Professor and Chair of the f f Department of Movement Science and re- IN RECOGNITION OF THOMAS search scientist in the Institute of Gerontology IN HONOR OF ROBERT M. LIGHT- KASTEN at the University of Michigan. White had pre- FOOT, JR. ON HIS APPOINTMENT viously served as Dean, Provost, and Execu- TO THE ASSOCIATE ADMINIS- tive Vice President at Oregon State University, TRATOR OF NASA HON. JACKIE SPEIER and came to UCR from the University of OF CALIFORNIA Idaho, where he had been President since Au- HON. ROBERT B. ADERHOLT IN THE HOUSE OF REPRESENTATIVES Tuesday, December 18, 2012 gust 2004. There he established a strategic di- OF ALABAMA rection to further the university’s role as the IN THE HOUSE OF REPRESENTATIVES Ms. SPEIER. Mr. Speaker, I rise to honor state’s land-grant and flagship research uni- Thomas Kasten who has served on the Tuesday, December 18, 2012 versity. He is internationally recognized for his Hillsborough City Council for twelve years, in- work in muscle plasticity, injury, and aging. Mr. ADERHOLT. Mr. Speaker, today I con- cluding two terms as mayor. The residents of One of the many accomplishments during gratulate Robert M. Lightfoot, Jr., on the occa- our town are very fortunate to have benefitted Chancellor White’s tenure at UCR was the sion of his appointment as the Associate Ad- from the expertise and leadership of such an University’s successful receipt of ‘‘preliminary ministrator for NASA, the agency’s highest- outstanding businessman and manager. accreditation’’ from the Liaison Committee on ranking civil servant position. As he is the first Tom, first elected to the city council in 2000, Medical Education, the national accrediting native Alabamian to hold this position, I am is currently the mayor and police commis- body for educational programs leading to the pleased to stand before this body of Congress sioner. He balanced the budget both years M.D. degree in U.S. and Canadian medical to recognize his contributions to NASA and and left the town in good financial condition. schools. This was UCR’s second attempt to our country. With his leadership skills he was able to calm gain accreditation for an independent, four- He previously was director of NASA’s Mar- a heated controversy about increased garbage year medical school. This momentous shall Space Flight Center in Huntsville, Ala. and water rates that brought out large and achievement was made possible due to the Named to the position in August 2009, he vocal groups of residents. He also oversaw tremendous efforts of Chancellor White and headed one of NASA’s largest field installa- the approval of the largest capital expenditure the future Dean of the Medical School, Dr. G. tions, which plays a critical role in NASA’s plan in the town’s history to replace a substan- Richard Olds, in partnership with local, state space operations, exploration and science tial portion of the 100-year old sewer system. and federal officials, as well as community and missions. Mr. Lightfoot managed a broad During his first term as mayor from 2004– business leaders. UCR will be able to recruit range of propulsion, scientific and space trans- 2006, Tom had to deal with the town’s fight students for the charter class of 50 medical portation activities contributing to the nation’s over MacMansions replacing smaller ranch students, enrolling in August 2013. space program. homes. He established the Zoning Study UCR has also gained national and inter- From 2007 to 2009, Mr. Lightfoot was Dep- Committee and included leaders from both national recognition for excellence in research, uty Director of the Marshall Space Flight Cen- sides of the controversy to develop adjust- teaching and service under Chancellor White’s ter. Lightfoot served as manager of the Space ments to the building code.

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K18DE8.012 E19DEPT1 smartinez on DSK6TPTVN1PROD with E1956 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2012 Tom also chaired the board of directors of women, and minorities, homes for the elderly, Corporate Plans Office for the Air Force De- the City/County Association of Governments and retreat centers. velopment Test Center at Eglin Air Force (C/CAG) of San Mateo County and is now the Bishop Sullivan also commissioned the first Base, Florida, establishing and leading the vice chair of its legislative committee. He sits public Holocaust memorial in Virginia, ‘‘Rachel Center’s strategic planning program, institu- on the board of directors of the Housing En- Weeping for Her Children,’’ which celebrated tionalizing modernization planning, and imple- dowment and Regional Trust of San Mateo its 25th anniversary in April. Acts like this menting a command-wide ‘‘Single-Face-to- County (HEART) and serves on its nominating made Bishop Sullivan a hero and champion to Customer’’ office. Upon formation of the Air and by laws committees. Previously, he was many. He spent his life committed to helping Armament Center at Eglin Air Force Base, he on the board of the Peninsula Traffic Conges- others, and he will be greatly missed. established the Plans and Programs Direc- tion Relief Alliance. In 2007, Tom was the Mr. Speaker, though we mourn the death of torate for the Center and led planning for the chair of the Regional Housing Needs Alloca- Bishop Walter Sullivan, we come together to inaugural Air Armament Summit to shape the tion Policy Advisory Committee for San Mateo pay tribute to and honor the life and work of future of air armament and joint service test County and is currently chairing its policy com- such an important figure in our history. and training infrastructure. mittee. f Mr. Arnold’s record as a leader and his abil- Tom honed his business skills during his 34- ity to form partnerships at all levels of govern- year long career at Levi Strauss & Co., where CONGRATULATING JIM TURNER ment is unsurpassed. He was hand-picked by he was the president of the youthwear, men’s ON 40 YEARS OF RADIO HOSTING Air Staff to serve as the Interim Deputy Direc- jeans, and womenswear divisions. In addition, tor for the Defense Test Resource Manage- he served as executive vice president of new HON. DANIEL WEBSTER ment Center (DTRMC) where he orchestrated business development in which capacity he OF FLORIDA preparation of the initial DTRMC DoD Stra- took the company private after 14 years as a IN THE HOUSE OF REPRESENTATIVES tegic Plan for test and evaluation resources. Without his care and stewardship as Chair- public company. Tom was responsible for all Tuesday, December 18, 2012 information technology for Levi Strauss United man of the Eglin Encroachment Committee, States. Today, he continues his connection to Mr. WEBSTER. Mr. Speaker, I take this op- mission critical natural resources might never Levis Strauss & Co. and serves on the Invest- portunity to recognize a gentleman who has have been preserved. His leadership en- ment Committee. been a mainstay in the Central Florida com- hanced community partnerships in the Eglin Tom has lectured at some of our finest uni- munity for many years. After 40 years with community and throughout the State of Flor- versities, including Stanford, Berkeley, UCLA NewsTalk WDBO as one of Central Florida’s ida. and San Francisco State University, and he most respected and beloved news hosts, Jim Mr. Arnold’s contributions to range has been a keynote speaker at countless busi- Turner has announced his plan to retire. sustainment, encroachment and the test and ness conferences in the United States and Mr. Turner joined WDBO in 1972 and has evaluation field as a whole have saved mil- abroad. He is also a frequent guest on tele- hosted the station’s morning segment since lions, brought him national recognition and vision and radio and has been quoted in mag- 1985. He is respected not only in the Central benchmarked a number of innovative proc- azines such as Fortune and Fast Company. Florida community but throughout the country. esses that will stand the test of time. His tal- Computerworld Magazine named Tom one of In 2004 he was awarded by his peers in the ents and overall knowledge and understanding the ‘‘Premier 100 Information Technology National Association of Broadcasters the pres- of the Air Force mission will be greatly missed. Leader in the U.S.’’ in 2000. tigious Marconi Award for Personality of the Mr. Speaker, it is only on rare occasions Tom is very active in the Jewish community Year. that we find men of such exceptional character and volunteers his time and expertise with the Founded in 1924 as a physics project of as Bob Arnold. He left his indelible mark on Jewish Community Federation of the San Rollins College, WDBO is today one of Central the Air Force and the Northwest Florida com- Francisco Bay Area and the Jewish Home Florida’s great news and talk radio stations. munity. On behalf of the United States Con- Foundation. During his tenure as the morning show host, gress, I would like to offer my congratulations Originally from Portland, Oregon, Tom re- Turner headed the station’s transformation to Bob and his wife, Myra. My wife, Vicki, and ceived his BS and MBA in Marketing from the from music to information and talk. I wish them the best for continued success. University of California at Berkeley. Jim Turner’s daily presence on WDBO’s f Tom and his wife, Kendra, have lived in morning talk segment will be sorely missed. Hillsborough 28 years. They have two chil- We are grateful for the years he has spent IN HONOR OF DR. WILLIAM dren, Jeffrey and Alyssa. talking with Central Florida, and we wish him PURCELL Mr. Speaker, I ask the House of Represent- well. atives to rise with me to honor Thomas Kasten f HON. LARRY KISSELL who has tirelessly devoted his time and en- OF NORTH CAROLINA RECOGNIZING ROBERT J. ARNOLD ergy to the residents of Hillsborough. IN THE HOUSE OF REPRESENTATIVES ON THE OCCASION OF HIS RE- f TIREMENT AFTER 38 YEARS OF Tuesday, December 18, 2012 HONORING THE LIFE AND SERVICE SERVICE TO OUR NATION Mr. KISSELL. Mr. Speaker, I rise today to OF BISHOP WALTER F. SULLIVAN honor a true, dedicated leader in my state and HON. JEFF MILLER in my community, Dr. William Purcell of Scot- HON. ERIC CANTOR OF FLORIDA land County, North Carolina. Dr. Purcell grew OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES up in Laurinburg, North Carolina, just south of IN THE HOUSE OF REPRESENTATIVES my home town of Biscoe, North Carolina. He Tuesday, December 18, 2012 attended public schools in Laurinburg before Tuesday, December 18, 2012 Mr. MILLER of Florida. Mr. Speaker, it is graduating from Davidson College, and later, Mr. CANTOR. Mr. Speaker, I would like to with great pleasure that I rise to recognize Mr. the University of North Carolina School of take this opportunity to remember and honor Robert J. Arnold, Chief Technologist, 96th Medicine. After proudly serving our nation in the life of Bishop Walter F. Sullivan, whose re- Test Wing, Eglin Air Force Base, on the occa- the United States Army Medical Corps in cent death saddens the many people whose sion of his retirement after 38 years distin- France, during the Cold War, he returned lives he touched throughout his time as bishop guished public service to the United States Air home to North Carolina where he practiced of the Catholic Diocese of Richmond. Force and our great nation. pediatrics in Laurinburg for 36 years. During Bishop Sullivan served in churches through- Mr. Arnold’s career began in industry, per- this time he also served on the Laurinburg out Virginia since he was ordained in 1953. As forming and later managing missile, A–7, and City Council for six years, and as the Mayor the longest-serving bishop in the Richmond F–8 weapons programs at numerous test and of Laurinburg for 10 years. He became a diocese’s 192-year history, he made a lasting evaluation facilities. In previous positions with member of the North Carolina Senate in 1997 impact in and outside of the Catholic Church. the Air Force, he led A–10 and F–15 weapons and has proudly served the 25th District for Bishop Sullivan was an advocate for the un- test programs at Edwards Air Force Base, seven terms before announcing his retirement derprivileged and welcomed people of all California. During his outstanding career, he this year. faiths with open arms. During his time as managed test and evaluation programs involv- If there is any indication of the impact this bishop, the diocese established various new ing practically every type of weapon and air- man has had on his community, it is the nu- parishes, advisory committees for the youth, craft in the Air Force inventory. He formed the merous awards he has received, including the

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K18DE8.013 E19DEPT1 smartinez on DSK6TPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1957 Distinguished Service Award from the Univer- served on numerous boards, including those in Education and History from Eastern Con- sity of North Carolina in 2005, for his commit- of the United Services Life Insurance Com- necticut State University. She was currently ment to making preventive health care a top pany and the Sioux Manufacturing Company working to complete her Master’s Degree at priority. Dr. Purcell’s dedication to the health of Devil’s Lake, ND, and he also served as the Southern Connecticut State University. She of the children of North Carolina continued Chairman of the Board of Technology Financ- was a student teacher at Brewster Elementary after his retirement as a pediatrician, making ing, Inc., part of the BMT Group of Inter- School in Durham, Connecticut and in her fifth its way into the halls of the General Assembly national Companies. year as a first-grade teacher at Sandy Hook where he served as a member of the Appro- Not only was he successful in serving his Elementary School, Victoria was fulfilling the priations Committee on Health and Human country, and in business, but he had a very dream she had had since she was just three Services, and the Chairman of the Legislative impressive academic record. A U.S. Naval years old. Teaching was her passion and it Task Force on Childhood Obesity. To honor Academy graduate, he earned a Professional showed. Her students adored her—the many this commitment, ABC News Correspondent Engineers Degree (PE) from the Massachu- pictures inscribed with ‘‘I Love Miss Soto’’ that George Stephanopoulous presented him with setts Institute of Technology, and an advanced adorned her desk a testament to the impact the Nathan Davis Award, the American Med- Management Degree from the Harvard Busi- she had on the children she was charged to ical Association’s highest award for a public ness School (PMD). care for and educate each day. office. Most recently, in 2008, his fellow sen- Rear Admiral Lisanby and his wife of 61 Victoria was equally as passionate about ators and local news correspondents voted years, Gladys, retired to Arlington, Virginia and her family. In one of her Facebook postings him one of the most effective members of the Pascagoula, Mississippi until Hurricane Katrina she wrote of her life, ‘‘In my spare time, I love North Carolina Senate. destroyed their beachfront home. At that time, spending time with my black lab, Roxie. I love Senator Purcell and I have been friends for the Lisanby’s returned to Kentucky, and spending time with my brothers, my sisters, quite some time now, and this has allowed me Caldwell County. and cousins.’’ Family and friends have de- to experience first-hand his generosity and his After returning to Kentucky, the Lisanby’s scribed her as a role model—not only to them commitment to the well-being of the people of became very active in the community, particu- but to everyone she met. our state. As a former educator, I understand larly in their support of the arts. They became As the event at Sandy Hook Elementary the importance of pediatric health and members of the Endowment Circle of the School unfolded, Victoria quickly hid her wellness, and their impact on a student’s abil- Princeton Art Guild, where its Lisanby Court- young students in closets and cabinets. When ity to succeed. I sincerely thank Dr. Purcell for yard honors Lisanby’s mother, a lifelong artist the gunman came into her classroom Victoria his tireless devotion to making our community and arts supporter. told him that her students were not in the a better place. Rear Admiral Lisanby was also an active class but in the gym. He turned the gun on Mr. Speaker, it is with admiration and appre- member of Ogden Memorial United Methodist her and she was lost to us. Her students would later be found by first responders, ciation that I rise today to speak of the cease- Church in Princeton, a Rotarian and a Paul huddled together in the closets and cabinets. less and tireless efforts of Senator Purcell to Harris Fellow. She saved each of their lives while sacrificing represent the people of Anson, Richmond, In addition to his wife, he is survived by his her own. Victoria was a hero in every sense Scotland, and Stanly counties, and our state brother, Charles, two daughters, Elizabeth Ann of the word. as a whole. Today, I urge my colleagues to Lisanby and Dr. Sarah Hollingsworth Lisanby, The tragic event that occurred at Sandy join me in commending Senator Purcell for his and their families. Hook Elementary School and all of those we outstanding leadership and achievements, and The people of Caldwell County, the Com- lost that day will never be erased from our for a life of selfless devotion to those around monwealth of Kentucky, and this great Nation minds. Though there are no words that can him. were greatly served by Rear Admiral Lisanby, ease her families suffering, I hope that they f and he will be truly missed. can take some small comfort in the knowledge f HONORING REAR ADMIRAL JAMES that Victoria will always be remembered as a W. LISANBY (USN RETIRED) PERSONAL EXPLANATION hero. My thoughts and prayers are with her parents, Carlos and Donna, as well as her sib- lings, Jillian, Carlee, and Carlos Matthew, and HON. ED WHITFIELD HON. VICKY HARTZLER extended family as they say goodbye to their OF KENTUCKY OF MISSOURI angel. Victoria Leigh Soto was an extraor- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES dinary young woman and will long serve as an Tuesday, December 18, 2012 Tuesday, December 18, 2012 inspiration to us all. Mr. WHITFIELD. Mr. Speaker, I rise today, Mrs. HARTZLER. Mr. Speaker, on Monday, f to recognize (Ret.) Rear Admiral James W. December 17, 2012, I was unable to vote. IN HONOR OF CORPORAL MICAHEL Lisanby, who passed away on November 14, Had I been present, I would have voted as fol- P. NICHOLSON’S SERVICE TO HIS 2012. lows: COUNTRY Rear Admiral Lisanby, a native of Caldwell On rollcall No. 627, ‘‘yea.’’ County, Kentucky, served his country and On rollcall No. 628, ‘‘yea.’’ HON. KATHY CASTOR community with great integrity and honor. He f OF FLORIDA rose through the ranks of the United States IN THE HOUSE OF REPRESENTATIVES Navy during his 37 years to become a rear HONORING THE LIFE OF VICTORIA admiral and a chief engineer. He was instru- LEIGH SOTO Tuesday, December 18, 2012 mental in the development of the modern era Ms. CASTOR of Florida. Mr. Speaker, I rise of shipbuilding at the Ingalls shipyard in HON. ROSA L. DeLAURO today in honor of one of Florida’s brightest Pascagoula, Mississippi. OF CONNECTICUT sons, Corporal Michael, P. Nicholson of The After spending many years of service IN THE HOUSE OF REPRESENTATIVES United States Marine Corps, Echo Company. abroad and at sea, Rear Admiral Lisanby be- On July 6, 2011 in an IED blast Corporal Nich- came the Commander of Naval Ships Engi- Tuesday, December 18, 2012 olson was almost mortally wounded when he neering Center, his first Flag officer assign- Ms. DELAURO. Mr. Speaker, it is with the lost his legs and part of his left arm and nu- ment, where he was responsible for the de- heaviest of hearts that I rise today to join the merous other injuries. His personal decora- sign and engineering of all ships and weapons Stratford and Sandy Hook communities as tions include The Purple Heart, Combat Action developed for the U.S. Navy. He finished his they remember Victoria Leigh Soto who was Ribbon and numerous other service awards. stellar Navy career as the Deputy Commander so tragically taken from us last Friday. Only 27 Michael was 2nd Platoon Mortar Chief and As- for Acquisition and Logistics in the U.S. Navy’s years old, Victoria was a first-grade teacher at sistant Patrol Leader. This strong young man Sea Systems Command in Washington, DC. Sandy Hook Elementary School where she from Tampa has been through hell and back Following retirement for the Navy, Rear Ad- lost her life protecting her students. Room 10 and with much more to overcome he has been miral Lisanby started his own consulting firm, lost its teacher and we lost an exceptional a shining example to all, and makes you Naval Services International, Inc., and became young woman. proud to say you’re an American. The Tampa the first American elected President of the A lifelong resident of Stratford, Connecticut, Bay community honors his service to our great International Professional Engineering and Victoria graduated from Stratford High School country. What Michael ‘‘Stands For,’’ is mag- Naval Architects Society, IPEN. He also in 2003 and earned a degree with high honors nificent, and few of us will ever reach the

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K18DE8.018 E19DEPT1 smartinez on DSK6TPTVN1PROD with E1958 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2012 heights to which he has already scaled in his that which so says Marine get up and move These include the Denton County Bar Asso- short lifetime and will into the future. A Ma- on . . . the course to stay! ciation and The Texas State Bar Association, rine’s Marine, our thoughts and prayers go out And Pity is not a town where you will ever particularly in the following sections: Construc- stay! to him and his family. I submit this poem As you so teach us! tion Law Section, Government Lawyer Sec- penned in his honor by Albert Caswell. As you so reach us! tion, and Labor and Employment Section. In STAND FOR SOMETHING As you so beseech all in every way! addition, she held many positions in the Texas Stand! With the kind of lessons about life that only District and County Attorney’s Association. In Stand for something, a kid like you could say! the Texas District and County Attorney’s Asso- or live for nothing at all! As you rain mortars of hope down upon us ciation, she was a member of the Board of Di- Die for something, all, rectors, the Long Range Planning Committee or the rest of your life so crawl! all in what your fine heart has so to con- for Publications, the Editorial Board, and the Stand! vey. . . Because, already in your short life Mi- Legislative Committee. Also, she served as Better to give up your strong arm and legs, the Chair of the Civil Committee of the Asso- then look back at all of that emptiness that chael. . . you so gave this world, you saw! you’ve traveled higher and farther than any ciation, and was also a member of the Gov- And so realize, of us ever will or may! ernor’s Prosecution Advisory Committee on that your life really meant nothing at all! Because, you so Stood For Something! Punishment Standards Commission, and was Stand for something! And as you Still Do, To This Very Day! a speaker at conferences on local government So noble and so very tall! For Something, So Noble and So Brilliant, and purchasing for the Texas Association of Better, and So Bright! Counties and Texas Purchasing Association. Someone To So look Up To, to make a difference with it all! Beyond her professional experience, Judge And so answer that most heroic of all calls! whose most courageous heart brings such light! Rivera-Worley has proven her commitment to That call to arms! the community by working with civic organiza- That call to war! These rays! That call to death, Marine, I could climb the highest mountain, tions and charities in the region. She is cur- for all of our freedoms to so insure! and yet never would I reach where you stand rently an associate of the Denton Independent Because, this day! School District’s Bond Progress Committee moments are all that we so have! For only a few in heaven will so stand, as and of the Denton Christian Preschool Board To stand tall! they! of Directors and Nominations Committee. And if ever I had a son Michael, To change the world! Judge Rivera-Worley has also devoted her To go off with our flags unfurled! I wish he could but be half the man you are in every way! time to the Trinity United Methodist Church by To stand for something! being a member of the Board of Trustees and All in that blood that binds you, Who Stands for Something so very brilliant, but to so answer that most noble cause! that which most of us never may! of the Council on Ministries. She was also the To stand for something, All in you in what I saw, Chair of the Youth Ministries Committee for to where only such hearts of honor are so as our hearts to you Michael so run! the church. called! Because in The Game of Life, Even with her already outstanding track Yea Stand! you are a Champion in every way! record of leading her community, Judge Ri- Stand for something, Oh how I wish I could stand as tall as you vera-Worley found the time to serve as a or live for nothing at all! this very day! What have you stood for, out on life’s way? member of the Minority Access Committee at To shine, Ann’s Haven Hospice. She also played a sig- to make a difference with it all! Stand! But, f nificant role in the Denton Chapter of the To wear those magnificent shades of green! League of United Latin American Citizens, and And be but only one of ‘‘The Few’’, IN RECOGNITION OF JUDGE was also named Trustee of the Sarah E. But to be only one of The very Bold! CARMEN RIVERA-WORLEY Worley Educational Foundation Trust. To have and to hold! Judge Rivera-Worley is a very active mem- Our Nation’s most precious of all Gold! HON. MICHAEL C. BURGESS ber in her community and has a true passion A United States Marine! OF TEXAS for helping others. As she retires, she will One of the best damn things, IN THE HOUSE OF REPRESENTATIVES leave a legacy of excellence in the 16th Dis- that this country has ever seen! As already Michael, Tuesday, December 18, 2012 trict Court of Denton County and will not be forgotten. I am pleased to recognize Judge Ri- in your short life as you have so convened! Mr. BURGESS. Mr. Speaker, I rise today to vera-Worley and am privileged to represent All in that fight, honor Judge Carmen Rivera-Worley. Judge Denton County in the U.S. House of Rep- with all your might! Rivera-Worley has served as District Judge for As you were so magnificently seen! resentatives. the 16th District Court in Denton County, As it was on that fateful day, f when your fine life almost went away! Texas for the past nine years. As a IED explosion, Judge Rivera-Worley received a Bachelor’s IN SUPPORT OF CONTINUING halfway to Heaven on that day! Degree from Texas A&M University in 1977. EMERGENCY UNEMPLOYMENT When, She also received a Master’s Degree from COMPENSATION BENEFITS something so deep down inside of you would Texas Tech University in 1978. In addition to not give way! those degrees, Judge Rivera-Worley proved Because you were born to lead, her commitment to higher-education by earn- HON. DANNY K. DAVIS even in your darkest days! ing her Jurisprudence Doctorate from the Uni- OF ILLINOIS As the tears ran down your most heroic face! versity of Texas School of Law in 1982. These IN THE HOUSE OF REPRESENTATIVES Because Nicholson, numerous degrees have allowed Judge Ri- your fine life that still had so much more to Tuesday, December 18, 2012 vera-Worley to extend her knowledge and say! Mr. DAVIS of Illinois. Mr Speaker, although For you had miles to go, continually serve the citizens of Denton and Val Verde counties. our economy is gradually improving after one and mountains to so climb on your most he- of the worst economic crises in our Nation’s roic way! Judge Rivera-Worley has extensive experi- And so many hearts to so heal, ence in practicing law. Before her current posi- history, the economic crisis remains a daily re- and to so inspire, tion as District Judge, the Honorable Rivera- ality for 12 million unemployed workers and for lifting them all so ever higher! Worley held several positions as an attorney the millions of Americans experiencing record While, all of the Angels for you so prayed! in Denton County and Val Verde County. She levels of food insecurity, poverty, and fore- As you Michael, previously served in Denton County’s Criminal closure. still have such life of happiness that which District Attorney’s Office as the Assistant Unemployment benefits are a critical lifeline before you so awaits! Criminal District Attorney/Chief of Civil Division for our citizens and our economy, keeping 2.3 As you Michael may have lost your two million Americans (including over 600,000 chil- strong legs and arm! from 1992–2003. Also, she served as Val But they’ll not touch your great heart of Verde County Attorney from 1987–1992. Prior dren) from falling into poverty in 2011, reduc- amazing grace, to that position, she was Val Verde County ing the poverty rate for families by 40 percent that which so inside of you so beats and Assistant Attorney from 1985 to 1987. in 2011, and generating $1.52 in economic ac- burns so very warm this very day! Judge Rivera-Worley also played an active tivity for every $1 in economic compensation. The one that which you were so born with, role in numerous professional associations. The non-partisan Congressional Budget Office

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A18DE8.019 E19DEPT1 smartinez on DSK6TPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1959 estimates that extending these benefits an- TRIBUTE TO DR. LOUIS LYNN Mr. Speaker, I ask you and my colleagues other year will create 300,000 much-needed to join me in congratulating Dr. Louis Lynn on jobs. HON. JAMES E. CLYBURN receiving the prestigious Ronald H. Brown Now is not the time to cut unemployment; OF SOUTH CAROLINA Leadership Award. He has made extraordinary contributions as an entrepreneur, a community millions of Americans rely on unemployment IN THE HOUSE OF REPRESENTATIVES leader, and a man of faith. I can think of no assistance to survive. In my home state of Illi- Tuesday, December 18, 2012 one more deserving of this honor. nois during 2012, approximately 320,000 peo- Mr. CLYBURN. Mr. Speaker, I rise today to ple relied on regular unemployment benefits pay tribute to a South Carolina entrepreneur f and almost 140,000 additional Illinoisans de- and leading landscape designer, Dr. Louis HONORING FLORIDA’S 7TH CON- pended on emergency unemployment. As Illi- Lynn, a recent recipient of the U.S. Depart- GRESSIONAL DISTRICT ACADEMY ment of Commerce Minority Business Devel- nois and our nation continue to struggle out of BOARD MEMBERS this recession, failure to extend this critical life- opment Agency’s 2012 Ronald H. Brown line will impose incredible hardship on approxi- Leadership Award. The Award recognizes ex- mately two million Americans. Failure to ex- ceptional leaders who have made great strides HON. JOHN L. MICA tend this critical lifeline means that—in addi- in creating diversity in the public or private OF FLORIDA tion to 90,000 Illinoisans who will abruptly lose sector. Dr. Lynn is a tremendous small busi- IN THE HOUSE OF REPRESENTATIVES benefits on December 29th—an additional ness leader in South Carolina, and I am proud Tuesday, December 18, 2012 2,800 Illinoisans will lose benefits each week to call him a friend. Dr. Lynn is a native of Lamar, South Caro- Mr. MICA. Mr. Speaker, I rise today to pay in 2013 if Republicans insist on slashing fed- lina. His childhood in a rural area prompted tribute to members of my 7th Congressional eral emergency assistance. his love of nature, and he spent his youth par- District of Florida United States Service Acad- Our nation continues to experience historic ticipating in the 4–H club and selling produce. emy Board Members. These are wonderful levels of long-term unemployment. Most un- He also came from a family of entre- Americans who have provided voluntary serv- employed Americans no longer receive unem- preneurs—his grandfather was a shop owner ice to assist in the nomination and selection of ployment insurance benefits, reflecting the cri- and his father, Lawton, ran a butcher plant. young men and women who will attend our sis that exists for the millions of Americans His father was an influential figure in his life, nation’s military academies. Each of these in- who have exhausted their benefits and still who taught him to take a sense of pride in dividuals has faithfully worked to help our cannot find work. Indeed, over 40.8 percent of hard work, and the elder Lynn was even once country choose the very best of our youth to all unemployed workers, more than 5 million named South Carolina Father of the Year. train for leadership positions in our military people, have been out of work for more than In 1964, Louis Lynn entered the second branches. The United States Army, Navy, Air 6 months. These Americans lost their jobs freshman class to integrate Clemson Univer- force and Marine Corps each owe these board sity. He received his Bachelor’s and Master’s through no fault of their own, they tirelessly try members special thanks and recognition for degrees in Horticulture from Clemson, and to find work when the jobs are few and far be- their years of work and efforts. went on to earn a PhD in Horticulture from the tween, and they struggle to cover basic food, They have not only interviewed hundreds of University of Maryland. Early in his career, Dr. students applying to the academies, but also housing, and transportation costs for their fam- Lynn was a research scientist. His work at provided invaluable counseling and support in ilies on an average of $290 a week, a pittance Monsanto led to the development of Round- their important life and career choices. which typically replaces only half of the aver- ® up herbicide. But he was called to more On behalf of all the people of the 7th Con- age family’s expenses. hands-on horticultural work. gressional District I salute and honor LTC Now is not the time to cut unemployment; In 1985, Dr. Lynn established ENVIRO Ag James T Marino (Ret.) of St. Johns, Mr. Derek our economy needs federal unemployment Science, Inc., which has become the largest Hankerson of St. Augustine, Dr. Dan Kelso of benefits to support its growth. In addition to African-American-owned landscape business St. Augustine, Col. Douglass Wood (Ret) of cruelly stripping millions of Americans of vital in South Carolina. As the company has grown, Palm Coast, Mr. Dan Quiggle of Ponte Vedra assistance just days after Christmas, a Repub- it has added offices in Atlanta and Tucker, Beach, Col. Frank Farmer, Jr. (Ret.) of Or- lican failure to continue unemployment bene- Georgia and now employs 85 full-time people. mond Beach, Col. Charles Early, Jr. (Ret.) of ENVIRO Ag Science, Inc. was recently named fits would devastate our fragile recovery. DeLand, Mrs. Mary Ann Welsh of Ormond one of the 25 Fastest Growing Companies in Moody’s economist, Mark Zandi, estimates Beach, Mr. Dan Hughes USMC (Ret.) of Palm South Carolina. His business began as a that slashing emergency benefits this year will Coast, Capt. Bill Knehans, DC, USN (Ret.) of small residential landscaping business, but Ormond Beach, LTC Al Peterson (Ret.) of reduce economic growth in 2013 by $58 bil- today is recognized for very high-profile lion. Cutting unemployment benefits for two Welaka and Mr. Tony Papandrea of Palm projects including the landscaping of the Co- Coast. million people will take a tremendous toll on lumbia Convention Center, the University of businesses as well as families. Even with the I ask my colleagues to join me in recog- South Carolina Colonial Center, and BMW nizing and thanking the Military Service Acad- creation of millions of new private-sector jobs Manufacturing. Other clients include Ft. Jack- and improvements in the ratio of unemployed emy Board Members of Florida’s 7th Congres- son, Shaw Air Force Base, Fort Gordon and sional District. workers to job openings, jobs remain hard to the Savannah River Nuclear site. As a SBA get. There are 4 million fewer jobs in the HUBZone Certified contractor, his firm is cur- f economy now than at the beginning of the re- rently under contract with the Department of HONORING FORMER SENATOR cession. Further, there are still 3.4 unem- Defense for repair and renovation services on GEORGE McGOVERN ployed workers for each available job, worse historic buildings at Fort Benning, Georgia and than at any point during the 2001 recession Fort Bragg, North Carolina. and dramatically higher than the 1.8 people Dr. Lynn is a man of great faith. He feels HON. JAMES P. McGOVERN per job at the outset of the recession in De- called to give back to the community. In 1988, OF MASSACHUSETTS cember 2007. he was elected to the Clemson Board of IN THE HOUSE OF REPRESENTATIVES Trustees, and is serving his seventh four-year Tuesday, December 18, 2012 Government leaders have a responsibility to term. He has also served on the boards of the protect Americans and our country, especially BB&T Bank, South Carolina Workforce Invest- Mr. MCGOVERN. Mr. Speaker, George during times of national crisis. Failure to con- ment, the State Chamber of Commerce, the McGovern was a leader in the battle to end tinue unemployment benefits will harm our Columbia Chamber of Commerce, the South hunger—here in the United States and around economic recovery and disproportionately Carolina Governor’s School for Science and the world. His recent passing should remind harm groups of Americans who already are Mathematics, the Palmetto Agribusiness all of us of the need to continue his fight. Hun- hardest hit by the economic crisis—including Council, the Midlands Business Leadership ger is a political condition. We have the food older Americans, low-income Americans, Council, the State Museum Foundation, the and know-how to end it—what we’re missing Americans from racial and ethnic minority South Carolina Horticulture Society and the is the political will. As a tribute to Senator groups, and Americans without a high school South Carolina Commission of Higher Edu- McGovern, let’s all help create that political diploma. Congress must quickly act to support cation. will. our citizens and our economic recovery by Dr. Lynn and his wife, Audrey, are the par- Mr. Speaker, I submit a number of tributes continuing emergency unemployment benefits. ents of three adult children. to the great man.

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GEORGE MCGOVERN—AN OUTSTANDING LEAD- provides for donations of U.S. agricultural with meals at schools in countries through- ER ON CHILDREN’S HUNGER AND NUTRITION products, as well as financial and technical out Africa, Asia, Latin America and Eastern (By Gus Schumacher) assistance, for school feeding and maternal Europe. In 2000, President Clinton authorized George McGovern will be remembered for and child nutrition projects in low-income, a two-year pilot program based on our pro- much during his extraordinary 90 years—for food-deficit countries that are committed to posal, and in 2002, Congress passed and Presi- some it is for his difficult loss to Richard universal education.The McGovern-Dole pro- dent George W. Bush signed into law the Nixon in the 1972 presidential election, for gram was originally authorized by the Farm McGovern-Dole International Food for Edu- others it is for his heroics while serving as a Security and Rural Investment Act of 2002. cation and Child Nutrition Program. Since WWII bomber pilot. I will always remember The legislation called for the use of $100 mil- its inception, the program has provided the former Congressman and Senator from lion in Commodity Credit Corporation (CCC) meals to 22 million children in 41 countries. In recent years, George and I had several South Dakota for his unflinching public funds to launch the program in fiscal year occasions to get together and reflect on our service, his integrity and his great courage 2003, with future funding coming from Con- lives, our political careers and our respective over decades to sustain a passionate commit- gressional appropriators. The program was presidential campaigns. No matter how ment to assisting the poor and hungry both reauthorized in the Food, Conservation, and Energy Act of 2008. That legislation provides many times we replayed it, he never did de- domestically and overseas. feat President Nixon and I never did defeat I was fortunate to get know Senator for the use of $84 million in CCC funds and Bill Clinton. We agreed, however, that the McGovern in the late 1990’s during my tenure allows for annual Congressional appropria- greatest of life’s blessings cannot be counted as Undersecretary at the USDA while he tions, which has been approximately $100 in electoral votes. served as our Ambassador to the United Na- million annually in recent years. The pro- gram is administered by the U.S. Depart- In 2008, George and I were humbled to be tion’s Food and Agriculture Organization in named the co-recipients of the World Food Rome. During those meetings he continually ment of Agriculture’s Foreign Agricultural Service and is named in honor of Ambas- Prize. As we were called on stage to accept pressured us for more support to the world’s the award, we once again reached across the sador and former Senator George McGovern hungry, especially children. When he re- aisle, walking to the podium literally arm- and former Senator Robert Dole for their turned to the United States, he continued in-arm. I began my acceptance remarks by tireless efforts to encourage a global com- his pressure on us to fund what soon would saying that ‘‘The good news is that we fi- mitment to school feeding and child nutri- become the McGovern-Dole International nally won something. It proves that you tion. Food for Education and Child Nutrition Pro- should never give up.’’ gram. There can be no doubt that throughout his [From the Washington Post, Oct. 21, 2012] On his return from Rome, Senator McGov- half-century career in the public arena, ern convinced former Senator Bob Dole of GEORGE MCGOVERN, THE MAN WHO NEVER George McGovern never gave up on his prin- Kansas to write a joint OpEd column in the GAVE UP ciples or in his determination to call our na- Washington Post on the paucity of good nu- (By Bob Dole) tion to a higher plain. America and the trition for school children in developing When I learned that George McGovern was world are for the better because of him. countries—children trying to learn, but their nearing the end of his remarkable life, I learning impeded by scarce food and class- couldn’t help but think back to the day in STATEMENT BY ADMINISTRATOR SHAH ON THE room hunger. Building on his domestic life- June 1993 when both of us attended the fu- PASSING OF SENATOR GEORGE MCGOVERN long efforts to improve nutrition for school neral of former first lady Pat Nixon, in Senator George McGovern was a tremen- lunches in America, he fostered the initial Yorba Linda, Calif. After the service, George dous leader in the global movement to end Woman, Infants and Children (WIC) program was asked by a reporter why he should honor hunger and malnutrition, and his partner- for pregnant mothers and their young chil- the wife of the man whose alleged dirty ship and friendship to the U.S. Agency for dren. With the help of Senator Dole, the two tricks had kept him out of the White House. International Development will be irreplace- senior statesmen from opposite sides of the He replied, ‘‘You can’t keep on campaigning able. Senator McGovern’s ties to our Agency political aisle helped generate major im- forever.’’ date back to his appointment by President provements in the food stamp program, to- That classy remark was typical of George, John F. Kennedy as the first Director of gether again the Senators said, we need to a true gentleman who was one of the finest Food for Peace in 1961. He noted that this generate support and funding for such pro- public servants I had the privilege to know. time at USAID was key to making him a grams overseas. I am sure there are some who were sur- lifelong champion of combating hunger, a Congressman Jim McGovern (D-MA), no re- prised by the long friendship that George and commitment that has shaped global institu- lation to Senator McGovern, read that Wash- I shared. After all, before his death this tions and impacted millions of people around ington Post article, called President Clinton weekend at age 90, he was a proud and the world. and asked him to invite McGovern to the unapologetic liberal Democrat and I am a In his 18 years in the U.S. Senate, he spon- White House. The President quickly invited lifelong Republican. As chairman of the Re- sored numerous health and nutrition pro- him over to the Cabinet Room and asked a publican Party, I did what I could to ensure grams and served as chair of the Senate Se- number of senior officials from the White the defeat of his 1972 run for the White lect Committee on Nutrition and Human House, USAID and USDA to join the briefing. House. When the election was over, however, Needs. In addition to fighting hunger in the Agriculture Secretary Dan Glickman and I George and I knew that we couldn’t keep on United States, he also teamed up with Sen- were among those at this seminal meeting. campaigning forever. We also knew that ator Robert Dole to successfully pass the McGovern was passionate on his proposal what we had in common was far more impor- McGovern-Dole International Food for Edu- and quickly convinced the President who tant than our different political philoso- cation and Child Nutrition Program, which then turned to Secretary Glickman and me phies. provides school meals to millions of children to use our authorities under the Commodity Both of us were guided by the values we around the world each year. He played an in- Credit Corporation legislation (Secretary learned growing up in the plains of the Mid- strumental role in helping establish the UN Glickman was then Chair and I was then west—he in Mitchell, S.D., and me in Rus- World Food Programme and was appointed President of CCC) to ramp up a pilot pro- sell, Kan. Our lives were also transformed by as the UN’s first Global Ambassador on gram in 2001. It was extremely successful and the experience of wearing the uniform of our World Hunger in 2001. He was recognized for Congress subsequently included funding in country during World War II. his great leadership as co-Laureate of the each farm bill since that historic White We would both come to understand that World Food Prize in 2008. House meeting. our most important commonality—the one Senator McGovern’s tireless dedication to McGovern’s passion for improving children that would unite us during and after our ending hunger and malnutrition helped en- nutrition was infectious. He never flagged on service on Capitol Hill—was our shared de- courage a renewed focus on food security this work and here at Wholesome Wave his sire to eliminate hunger in this country and around the world, including President passion and dedication is reflected in our ef- around the world. As colleagues in the 1970s Obama’s global initiative Feed the Future. forts to deepen his early work on food on the Senate Hunger and Human Needs Across more than six decades of public serv- stamps and WIC with our nutrition incen- Committee, we worked together to reform ice, he inspired countless others with his tives for these programs in more than 300 the Food Stamp Program, expand the domes- leadership, friendship, and commitment, al- farmers markets across the country. Our tic school lunch program and establish the ways taking the time to mentor and coach work benefits many of the families that Special Supplemental Program for Women, young people. McGovern was so passionate to assist. He Infants, and Children. Senator McGovern will be greatly missed, will be much missed, but his legacy to assist More than a quarter-century later, with but his legacy has left us inspired and re- hungry children here at home and overseas is political ambitions long behind us, we joined energized to carry his mission forward. continuing. together again. Soon after President Bill [From the Daily Beast, Oct. 22, 2012] ENDNOTE Clinton named George ambassador to the The McGovern-Dole International Food for U.N. Food and Agriculture Organization in ROBERT SHRUM ON FRIEND GEORGE Education and Child Nutrition Program 1998, he called to ask for my help in MCGOVERN, THE PROPHET POLITICIAN (McGovern-Dole program) helps support edu- strengthening global school feeding, nutri- (By Robert Shrum) cation, child development, and food security tion and education programs. We jointly pro- Written off today as history’s greatest for some of the world’s poorest children. It posed a program to provide poor children loser for his 1972 presidential drubbing, the

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A18DE8.024 E19DEPT1 smartinez on DSK6TPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1961 senator should be remembered for moving life, he deserves a fair accounting of who he steadfastness of his beliefs. He turned his America forward on innumerable issues, truly was, and the differences he made. vulnerability into an asset from Vietnam to gay rights, says friend and George would reject similar counsel of cau- As he declared for president in 1972 against former speechwriter Robert Shrum. tion to address an openly gay political orga- one of the strongest primary fields in the When I was first called and told that nization in Los Angeles. He was the first modern era, he seemed to have few assets. George McGovern was in hospice care, I was United States senator ever to do so. Starting out far behind, in single digits, he overwhelmed with sadness. Yes, at 90, he had For example, his famous 1972 call to ‘‘Come triumphed as the anti-war candidate; he also lived a long and extraordinary life, but when Home, America,’’ smeared then by Nixon’s maneuvered adroitly in states like Wis- I talked with him in recent years, he was henchmen and since then by the neocons as consin, where he appealed to blue-collar vot- tirelessly immersed in public events, acutely a slogan of weakness, a policy of withdrawal ers with a proposal for property tax reform. insightful, a political leader retired from of- from the world, was in reality a summons to He had a masterful strategy, and he assem- fice though never from caring or speaking honor defining American values and national bled a masterful organization of the young out. He had an undiminished sense of the interest. It surely was a demand to end the and the talented. possible, and how to push the boundaries. In Vietnam War but also to pursue a ‘‘just and George was unlucky too—and in politics, him, that combination was not always seen decent’’ activism abroad that in the end genius is often luck. He wasn’t going to beat or credited—in part because he was so genu- would strengthen our national security—and Nixon, but the contest could have been much inely principled, and of course because he so our claim to be the ‘‘last, best hope of closer. And he might have survived to run decisively lost in 1972. earth.’’ For this, the decorated bomber pilot the next time. Then he selected his running So I think of him, and will write of him of World War II was reviled by the campaign mate, Missouri Sen. Tom Eagleton, in the here, as a great undaunted man, often inten- of someone who had spent those dangerous way it was customarily done then—with a tionally misunderstood, caricatured by oppo- years playing poker in the South Pacific. few questions and no formal vetting. The nents on the right and inside his own party, But the standard George raised has a lasting choice blew up when the press reported that Eagleton, who had offered the reassurance but who nonetheless lifted the vision of the and fateful relevance. How much better off that there was nothing embarrassing in his nation—and in his friend Robert Kennedy’s we would be now if his warning to refuse the background, had undergone a series of shock phrase, ‘‘made better the life of the world.’’ wrong war and instead rebuild our own coun- treatments for depression. Eagleton was re- I am not an objective observer. He was a try had been heeded as the Bush administra- placed; George fell 20 points behind and shining and shaping force in my life. He tion plotted to plunge into Iraq. stayed there. The collateral result was the trusted me to help with his acceptance George was as right about Vietnam as he elaborate process for picking a vice-presi- speech for the Democratic presidential nomi- was about Watergate. And another carica- dential nominee that has prevailed ever nation when I was still in my 20s and had ture hurled at him in 1972—that he favored since. It’s one legacy George would have pre- come to his campaign only weeks before the ‘‘acid, amnesty, and abortion’’—is in retro- ferred not to create. convention. He taught me about foreign pol- spect a partial libel, but in the main a trib- It’s telling that in the 2012 campaign, the icy and farm policy, and how to sip a vodka ute. He never favored the legalization of hard stronger position on abortion and women’s martini. When I worked for him in the Sen- drugs. But amnesty for those who in con- issues is the one he had 40 years ago. He was ate, he and his wife, Eleanor, one of the science could not serve in Vietnam, which he ahead of his time, and he was a reshaping in- sharpest and sweetest people I ever met, saw as an essential part of healing the fluence on our times. took me on my first European trip, and then wounds of war, was granted within four years He not only opposed the Vietnam War but again to Asia. It’s a journey that has never by President Carter. And a woman’s right to afterward proposed the reconciliation that ended and without them might never have choose was secured by the Supreme Court was delayed until the 1990s. Gerald Ford started. just months after George lost 49 states. might have gone for it—he discussed it with In his last gift of public service, as the He also changed forever the way we nomi- George—but flatly ruled it out 10 days after American ambassador to the United Nations nate presidential candidates. The McGovern Ronald Reagan announced a challenge to Food and Agriculture Organization in Rome Commission he led reformed the process, Ford’s renomination. under President Clinton, and for a while even breaking the grip of party bosses and ceding George advocated normalization of rela- under President George W. Bush, George and the power to voters in primaries and cau- tions with China in a series of lectures in Eleanor happily let me guide them around cuses. He secured fair representation for 1951, at the height of the Korean War. He did museums and churches—and restaurants— women and racial and ethnic minorities that it again to far more attention—the lectures I’m certain they had been to before. It was a now encompasses LGBT Americans too. He had provoked only a venomous response in reprise of my days there more than two dec- put the people back in the party, and he’s the local newspaper—on the Senate floor in ades earlier, when we were on our way home the reason the Democratic Party looks like 1966, during the escalation of the Vietnam from India, Pakistan, and Vietnam, and they America. The McGovern model has been War. He called for an end to the embargo on changed our stopover from London to the tweaked, but it remains fundamentally the Cuba a decade later and twice visited the is- Eternal City because I so yearned to see it. same, and it’s been adopted by Republicans land to meet Fidel Castro. My wife, Marylouise, who loved to cook ri- as well as Democrats. Review what I have recounted so far: sotto for George as much as he loved to eat George could achieve this, and more that I events have proved him correct, as they will it, more than once said he was a second fa- will honor him for here, because of perhaps on Cuba. He was to a very real degree the ther to me. In that, I was not alone. the least noticed truth about him. He was a politician as prophet. He had no meanness, In the mid-1970s, when George had many great politician. He was a college professor but there was steel in his convictions. His years ahead of him, and fir more to give, I first elected to Congress in conservative Senate colleagues squirmed in 1970 as he re- decided to write a book called Losers about South Dakota in the Eisenhower sweep of proved them before a vote on setting a dead- presidential candidates who, despite defeat 1956. But there were lines he wouldn’t cross line to withdraw from Vietnam: ‘‘Every sen- ator here is partly responsible for that and the blame that inevitably follows, had even if it was politically prudent. He lost his human wreckage at Walter Reed and Be- moved America forward in transformational first bid for the Senate in 1960 because he thesda Naval, and all across our land—young ways. George would have been the con- spurned the advice to avoid a campaign stop men without legs, or arms, or genitals, or cluding chapter. I sat down with one of the with John F. Kennedy, who was deeply un- faces, or hopes.’’ leading publishers in New York who dis- popular in the state. (Eighteen years on, fac- Yet he could work with those on the other missed the idea. Nobody, he said, wants to ing a tough re-election campaign, the one he side, including the usually intractable right- read about losers. Then he wondered if I’d be would finally lose, George would reject simi- wing senator from North Carolina, Jesse interested in ghostwriting a book for Nixon lar counsel of caution to address an openly Helms. George made peace with Nixon, who attorney general and Watergate criminal gay political organization in Los Angeles. He had plotted to blame him for the shooting of John Mitchell. I wasn’t and I doubt Mitchell was the first United States senator ever to George Wallace, and visited Nixon’s home in would have been interested in me. do so.) New Jersey. George McGovern never yielded When I told George, he laughed. Maybe I After the 1960 election, the president-elect in his beliefs, but he never hated either. In- could refute ‘‘our’’ speeches on the Water- called him and said: ‘‘Hi, George. This is deed he treasured his relationship with the gate cover-up during the ’72 election. The Jack. I’m terribly sorry I cost you that Sen- conservative icon Bill Buckley, whom he de- irony was that George had been entirely ate seat.’’ Kennedy then appointed him di- bated repeatedly on Firing Line. For one right then, and his criticisms had been large- rector of the new White House Office of Food taping of the show in 1984, the team of ly dismissed. President Nixon might have for Peace. McGovern and Shrum bested Buckley and been impeached, but George was still written The episode forged his friendship with George Will, persuading an audience at the off as history’s biggest loser. Bobby Kennedy, and soon after Teddy, and it Yale Political Union to vote for Walter Mon- History itself has bigger claims and a left him with a lifelong passion to end the dale over Ronald Reagan. After the election, longer view. George, who bridled at being la- plague of hunger in the world and the shame Buckley said the same thing both to George beled an isolationist or an extremist—he was of hunger in America. He took that passion and me: ‘‘As Yale goes, so goes Minnesota.’’ neither, but he was only human—also had a with him when he won a Senate seat two George joyfully repeated the line. certain equanimity about the stereotype, a years later by a mere 597 votes. He would be It was his inner core that made him a belief that what he had cared for, stood for, elected three times in all, a remarkable torchbearer of ideals. But it was his tem- and accomplished mattered more than what record in a state that usually disagreed with perament, his respect for others, that let was said about him. But in death if not in him but respected his authenticity and the him collaborate with Bob Dole to save and

VerDate Mar 15 2010 05:34 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A18DE8.026 E19DEPT1 smartinez on DSK6TPTVN1PROD with E1962 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2012 expand the Food Stamp Program. Millions of began working for Hood River County at the plished state and national leader and a won- people in America who may not remember age of 19 as a seasonal Marine Deputy. Sher- derful personal mentor and friend, William C. his name will not go hungry today because of iff Wampler has dedicated nearly four decades Coleman, Jr. passed away on December 13, George—and others half a world away are alive and whose children are alive because of to duty, honor and service to the citizens and 2012. With the passing of Bill Coleman, the his service from Food for Peace from 1961 to visitors of Hood River County, Oregon. Central Florida community and our country 2001, when he resigned as ambassador to the Joe began his full-time career in law en- has lost one of the outstanding figures of our U.N. food agency. forcement in my home town of Hood River as time. His is a dual legacy, of ideas and of so a patrolman with Hood River Police Depart- Born in Tennessee, Bill was first introduced many individuals he brought into politics ment, steadily rising through the ranks to that to Central Florida when he would frequently who stayed to make their own mark. of captain. He was elected sheriff and took of- visit his grandparents who lived in Lancaster There was his proposal for tax simplifica- fice in 1993. At that time, the entire patrol divi- tion—lowering rates and closing loopholes— Park. Hours after graduating High School, Bill which predated the reform Reagan nego- sion had four vehicles to share, prompting enlisted in the United States Army. tiated with the Democrats by 14 years. The Sheriff Wampler to institute a vehicle replace- During World War II, as an Army Para- notion is still at the center of campaign con- ment program that endures today. Every dep- trooper with the 101st Airborne Division, he versation today, in the bastardized form uty on his watch now has their own dedicated landed in France in June of 1944 during the Mitt Romney exploits to conceal his give- vehicle, improving response time and reducing Normandy Invasion behind enemy lines. After aways to the wealthy. George would be the vehicle maintenance. his capture and survival as a Prisoner of War, first to denounce it; as he once said: ‘‘Money During Sheriff Wampler’s five terms in of- he returned to civilian life. He is the recipient made by money should be taxed at the same fice, the agency acquired much needed, spe- rate as money made by men’’ of the Purple Heart, Bronze Star and POW Those who enlisted with George in 1972 cialized equipment to assist with rural law en- medal. His passion to aid those who served in constitute a legion of significance in our na- forcement and search and rescue needs. our nations military never faltered. Bill would tional life, foremost among them the young Today, the office has three airplanes, a snow make two more jumps into Normandy; one in Yale Law student who was our co-campaign cat, snow machines, ATV’s, a mobile com- 1994 and another in 2004 to mark the 50th manager in Texas, BM Clinton, along with mand vehicle and a mobile command trailer and 60th Anniversary of D-Day. friend Hillary Rodham. As president, Clinton just to name a few. Bill enjoyed a successful real estate career would cast himself as a centrist Democrat, This equipment has aided the sheriff’s office and George sometimes thought he was and also taught the subject to many at Rollins in numerous search and rescue operations, in- College as well as launching what has been wrong, for example, on gay rights and the cluding a December 2006 mission that gained Defense of Marriage Act. (Clinton now decades of community service. He was an ac- thinks he was wrong too.) But George was national attention. Sheriff Wampler led the tive member and leader in numerous organi- also fiercely loyal to Clinton and quietly search effort for three missing climbers on Mt. zations including the University Club and Re- proud that he had started out in the McGov- Hood, personally piloting the department’s publican Party of Florida. In Central Florida, ern campaign, in one of the toughest and Piper Cub airplane to look into one final tip be- he was a Charter Member of the Tiger Bay most hopeless states. fore making the difficult decision, after two Club, a founding Member of the Central Or- I have been fortunate. Two leaders were at weeks of searching, to focus on recovery of the center of my life in politics. I was graced lando Kiwanis Club and President of the Cen- the climber’s remains. His personal passion tral Florida Veterans Council. In addition, Bill by their friendship and the privilege of a for the residents and visitors of Hood River place in their campaigns and their causes. served as Chairman of the Orange County Ted Kennedy was the greatest senator in a County is an inspiration. and Orlando Mayor’s Advisory Council as well Additionally, Sheriff Wampler was one of the century, and maybe ever. George McGovern as serving as the Central Florida Veterans founding members of Northern Oregon Re- served in the Senate for a little more than a Memorial Park Foundation’s first President. gional Corrections (NORCOR), the regional jail third as long, but he too had a singular Countless community organizations and greatness. He too changed America—and facility in The Dalles. NORCOR, which opened events were successful because of his tireless brought us close to the best America. in 1999, replaced Hood River and Wasco work and support. I will never forget what happened as the Counties’ aging jail facilities and gave Sher- Bill Coleman was elected to the Florida 1972 landslide poured in on us. I walked into man and Gilliam Counties a dedicated jail. the candidate’s suite where he was standing State House of Representatives in 1955 and NORCOR gave Hood River County over 40% over the sink, shaving. His assistant Jeff later served as Florida’s first Secretary of Smith, who ran the traveling party, was cry- more jail space with minimal financial impact. Mr. Speaker, I ask that my fellow colleagues Transportation. At the national level, he was ing. George put down his razor and said: selected by President George W. Bush to ‘‘Jeff, it’s OK. It’s OK. We’ll wake up in the join me in recognizing Sheriff Joe Wampler. morning and our lives will go on.’’ Jeff He has earned the thanks of a grateful nation serve as United States Commissioner of Pub- choked back his tears and replied: ‘‘That’s not only for his dedication to service, but also lic Buildings. easy for you to say.’’ for his unwavering commitment to his commu- Bill Coleman’s tireless efforts to aid Amer- It wasn’t, of course. And things weren’t al- nity. Please join me in wishing him a very long ican Veterans were instrumental in securing a ways easy for him, in politics or in a life and happy retirement. new VA Hospital and extensive medical com- where he lost two adult children, his daugh- plex in Central Florida scheduled to open next f ter Terry and son Steve. He spent his last year. years without his Eleanor. But he got up in PERSONAL EXPLANATION the morning, and for him life didn’t just go To honor the service and memory of our on. He made it count, in his youth and his veterans and military, Bill also helped to lead age, in office and out, in victory and defeat. HON. LEE TERRY and support memorial projects to commemo- People close to George admired him be- OF NEBRASKA rate and recognize their contributions to keep- cause he held himself to a higher standard. IN THE HOUSE OF REPRESENTATIVES ing America free. We loved him for the person he was. While Bill’s family has lost a loved one, I It has been used as a term of derision, but Tuesday, December 18, 2012 I will always be proud to be a McGovernite. have lost a wonderful friend and mentor. From Mr. TERRY. Mr. Speaker, due to mechan- my very first days in Central Florida 40 years f ical difficulties, I was unable to make votes on ago, Bill Coleman never stopped assisting or Monday, December 17, 2012. Had I been TRIBUTE TO SHERIFF JOSEPH inspiring me. He, more than anyone in the present, I would have voted ‘‘aye’’ on both WAMPLER community, helped me be part of numerous H.R. 4604 and S. 3193. civic endeavors, veterans’ programs and Re- HON. GREG WALDEN f publican Party and leadership positions. For OF OREGON HONORING THE HONORABLE this special guidance, assistance and friend- ship I will forever be grateful. IN THE HOUSE OF REPRESENTATIVES WILLIAM C. COLEMAN, JR. As we honor and recognize Bill Coleman’s Tuesday, December 18, 2012 HON. JOHN L. MICA many life achievements, our sympathy is ex- Mr. WALDEN. Mr. Speaker, it is with great OF FLORIDA tended to his wife, Toni, and family. Bill’s pas- pride that I rise today to pay special tribute to sion for our veterans was only exceeded by IN THE HOUSE OF REPRESENTATIVES Hood River County Sheriff Joe Wampler. My his love of his wonderful wife and children. long time friend, Sheriff Wampler is retiring on Tuesday, December 18, 2012 They include his sons Kevin and Billy and his January 1, 2013, capping a career in law en- Mr. MICA. Mr. Speaker, I rise today to pay daughter Kim as well as eleven grandchildren forcement that dates back to 1973 when he tribute to a great American patriot, an accom- and nine great-grandchildren.

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A18DE8.027 E19DEPT1 smartinez on DSK6TPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1963 In closing, my colleagues, I ask you to join One of the highlights of his tour of duty was presence will be sorely missed, but I know his me in both paying tribute and recognizing the accompanying General Patton on his return memory will inspire our leaders in years to life and service of William C. Coleman, Jr. from Europe to the United States. come. I extend my thoughts and prayers to his f After completing his military service, Abram family and loved ones. I hope they find some enrolled at Benedict College in Columbia, and comfort in knowing the incredible legacy he HONORING MR. LEON PAGE graduated in 1951 with a Bachelor’s degree in leaves behind in hearts across the Nation. Chemistry. In 1953, he became one of the f HON. ED WHITFIELD original eight African Americans to join the Co- PERSONAL EXPLANATION OF KENTUCKY lumbia Fire Department. He was assigned to the Harden Street Fire Station. While em- IN THE HOUSE OF REPRESENTATIVES HON. BOB GOODLATTE Tuesday, December 18, 2012 ployed as a fireman, he taught classes and rose through the ranks to become the first Af- OF VIRGINIA Mr. WHITFIELD. Mr. Speaker, I rise today rican-American Captain in Columbia. IN THE HOUSE OF REPRESENTATIVES to honor the life of Mr. Leon Page, who Abram was also very active in many profes- Tuesday, December 18, 2012 passed away last Monday, December 10, sional organizations including the South Caro- 2012. lina Firefighters Association, and was the 2002 Mr. GOODLATTE. Mr. Speaker, on rollcall Mr. Page was a community leader and phi- President of the Retired Columbia Firefighter’s Nos. 627 & 628, I was unavoidably detained. Had I been present, I would have voted lanthropist who helped organize Franklin Bank Association. He was also a member of the ‘‘aye’’ on both rollcall votes. and Trust and served as chairman of the Townsmen’s Club of Columbia, where he bank’s board of directors for 45 years. served as president for several years. f In his 90 years of life, Mr. Page helped Abram was an avid bridge player and en- MOROCCAN AUTONOMY PLAN open and lead what became the largest bank joyed gardening and fishing. In his spare time, in Franklin, Kentucky, an area I have the privi- he painted homes and businesses and en- HON. DAVID RIVERA lege of representing in the First Congressional joyed repairing just about anything. OF FLORIDA District of Kentucky. Abram was baptized at an early age at Zion IN THE HOUSE OF REPRESENTATIVES Mr. Page was active in all facets of the Benevolent Baptist Church in Hopkins. After community. He was instrumental in industrial relocating to Columbia, he joined First Calvary Tuesday, December 18, 2012 development in Franklin and Simpson County Baptist Church and served there for many Mr. RIVERA. Mr. Speaker, like so many oth- and was active in various community organi- years. Later, he became a member of St. ers, I ran for Congress because I believe in zations. Having served as President for both Luke Episcopal Church of Columbia where he the greatness of the American people, the no- the Franklin-Simpson Chamber of Commerce served with the men’s club until his health de- bility of our national ideals, and the eminence and the Franklin Rotary Club, Mr. Page also clined. of our principles and rights that have made helped organize the Caveland Girl Scout He was married to Lillie Mae Weston for 33 America that shining city upon a hill. Council and was treasurer of the Quarterback years until her death. In 1988, he married Jac- But there are still many peoples who yearn Club. queline Parks. Abram had one daughter, four for freedom and basic human liberties. The Leon Page served on the Kentucky Bankers grandchildren, and one great-grandson. Sahrawi people of Western Sahara have been Association and various boards and councils Mr. Speaker, I ask you and my colleagues trapped in dreadful and oppressive conditions at Western Kentucky University. He also es- to join me in recognizing the extraordinary for over thirty years with the support and ena- tablished a scholarship fund at Western Ken- contributions of this ordinary man. I, like so bling of a compromised and corrupt Algerian tucky University that awards a four-year schol- many others in Columbia, South Carolina, am government and its puppet regime, the arship to a Franklin-Simpson High School proud to call Abram Coles, Jr. a friend. He Polisario Front. graduate who majors in business each year. made a lasting impression on his community The Polisario instituted mass kidnappings of I join the family, friends, and entire Franklin, and all who knew him, and that is a tremen- Sahrawis from their homes into the Tindouf re- Kentucky community in mourning the passing dous legacy. gion in Western Algeria. The majority of these of this great man. He demonstrated the best f refugees have remained warehoused and im- of the values found throughout the First Con- prisoned in Tindouf’s sprawling camps for 35 gressional District of Kentucky. He is someone IN MEMORY OF SENATOR DANIEL years. who, despite his personal success, will best INOUYE The Polisario partners and collaborates with be remembered as inspiring and helping guide the likes of Cuba, whose military distributes others to achieve success for themselves, and HON. LAURA RICHARDSON food in the camps on a quid pro quo basis a man who graciously gave back to a commu- OF CALIFORNIA and ‘‘educates’’ children who have been re- nity that had given him so much. IN THE HOUSE OF REPRESENTATIVES portedly stolen from their parents, and Al- f Tuesday, December 18, 2012 Qaeda in the Maghreb. The Government of Morocco has advanced TRIBUTE TO ABRAM ‘‘CAPTAIN’’ Ms. RICHARDSON. Mr. Speaker, I rise an Autonomy Plan that does address these COLES, JR. today to pay tribute to the memory of Senator issues and provides a clear, simple, trans- DANIEL INOUYE of Hawaii. Senator INOUYE was parent and democratic solution to the long HON. JAMES E. CLYBURN an extraordinary leader, family man, and drawn out Sahara crisis. This is where Amer- OF SOUTH CAROLINA American hero. He leaves behind his wife ica’s support should lie. IN THE HOUSE OF REPRESENTATIVES Irene and son Ken, as well as countless Mr. Speaker, the United States can and friends and constituents who mourn his pass- Tuesday, December 18, 2012 must continue to advance fundamental human ing. He was 88. rights, freedom and democracy as we, in this Mr. CLYBURN. Mr. Speaker, I rise today to Senator INOUYE served nobly in World War chamber, continue to work together for peace, pay tribute to a trailblazing first responder from II and was awarded a Medal of Honor. He justice, and human dignity in the Western Sa- Columbia, South Carolina. Abram ‘‘Captain’’ then continued to devote his life to our Nation hara. Coles, Jr. passed away on December 12, and the State of Hawaii by becoming the THE MOROCCAN INITIATIVE IN THE WESTERN 2012, at the age of 87. He devoted 35 years state’s first congressman as well as a nine- SAHARA of service to the Columbia Fire Department term senator. He was eventually appointed to The Moroccan initiative comes in response that he helped integrate, and this remarkable the prestigious position of Chairman of the Ap- to repeated requests of the United Nations man will be sorely missed. propriations Committee, and in his work he Security Council and several of its key mem- Abram Coles, Jr. was born July 7, 1925 in was always mindful of strengthening our na- bers, including the United States, that Mo- Hopkins, South Carolina to Abram and Patsy tional security and fulfilling our promises to our rocco propose a solution to this longstanding Gunter Coles. He was educated in the public veterans. Many of my constituents have family problem that could facilitate the opening of schools of Richland County and graduated and friends in Hawaii, and I know they all di- negotiations for a ‘‘just, durable and peace- ful’’ political solution. from Booker T. Washington High School in rectly benefited from his hard work and com- After nearly a decade of trying to bring the Columbia in 1943. mitment to the values of the American people. Polisario and Morocco to agreement to con- After graduation, Abram was inducted into Mr. Speaker, Senator INOUYE was a model duct a referendum to determine the terri- the U.S. Navy and served from 1943 to 1946. of integrity, courage, and bipartisanship. His tories future, Kofi Annan, then Secretary

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A18DE8.030 E19DEPT1 smartinez on DSK6TPTVN1PROD with E1964 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2012 General, and James Baker, then Personal vestment, trade, public works and transpor- negotiations in the spirit of this initiative, Envoy for the Western Sahara, reported to tation, housing, health, sports and social and to contribute to promoting a climate of the Security Council that it was not possible welfare. It would have taxing authorities to trust. to achieve agreement between the Polisario support these functions and would continue 10. To achieve this objective, the Kingdom and Morocco on the central issue of who to receive funding from the central budget as of Morocco remains willing to cooperate should be permitted to vote in a referendum. well. It would be able to establish foreign re- fully with the UN Secretary-General and his Consequently, Annan and Baker rec- gional trade relations offices and would have Personal Envoy. ommended that the Security Council encour- consultative rights on other sovereign for- II. BASIC ELEMENTS OF THE MOROCCAN age Morocco and the Polisario to enter into eign agreements affecting the region. PROPOSAL direct negotiations to find a compromise po- The central government would retain ex- 11. The Moroccan autonomy project draws litical solution. The Security Council ac- clusive jurisdiction over the normal ele- inspiration from the relevant proposals of cepted the assessment of Annan and Baker ments of sovereign authority: national de- the United Nations Organization, and from that a referendum would not be possible, and fense, currency, postal, and foreign affairs the constitutional provisions in force in began a process carried through several and religion, over which the Monarchy has a countries that are geographically and cul- years of UNSC resolutions calling for direct special status in Morocco. turally close to Morocco. It is based on inter- negotiations. The chief executive of the autonomous re- nationally recognized norms and standards. James Baker proposed two such com- gion would be elected by the legislature, but promise political solutions based on the un- would be invested by and serve in the name A. POWERSOFTHESAHARAAUTONOMOUSREGION derlying assumption that the proposals of the Monarchy. 12. In keeping with democratic principles would allow Morocco to remain sovereign in The initiative also envisages transitional and procedures, and acting through legisla- the Western Sahara, but that the territory bodies to guide the central government and tive, executive and judicial bodies, the popu- would benefit from a substantial autonomy the autonomous authority through the ini- lations of the Sahara autonomous Region that would allow it to become self-gov- tial stages of implementation of the plan. shall exercise powers, within the Region’s erning. Morocco accepted the first Baker All individual rights guaranteed under the territorial boundaries, mainly over the fol- proposal as the basis for direct negotiations, Moroccan Constitution would continue to lowing: but the Polisario refused. The Polisario ac- apply to all residents of the autonomous re- Region’s local administration, local police cepted the second Baker proposal, but Mo- gion. force and jurisdictions; rocco refused since it did not allow for direct MOROCCAN INITIATIVE FOR NEGOTIATING AN In the economic sector: economic develop- negotiations between the parties on the AUTONOMY STATUTE FOR THE SAHARA REGION ment, regional planning, promotion of in- terms of the arrangement. The Moroccan I. MOROCCO’S COMMITMENT TO A FINAL vestment, trade, industry, tourism and agri- proposal is the first and only proposal to POLITICAL SOLUTION culture; come from one of the Parties to the conflict Region’s budget and taxation; 1. Since 2004, the Security Council has been in response to the Security Council encour- Infrastructure: water, hydraulic facilities, regularly calling upon ‘‘the parties and agements. In various forms, the Polisario electricity, public works and transportation; States of the region to continue to cooperate has continued to insist that the referendum In the social sector: housing, education, fully with the United Nations to end the cur- be held, and threatens a renewal of hos- health, employment, sports, social welfare rent impasse and to achieve progress towards tilities and the eviction of the United Na- and social security; a political solution.’’ tions peacekeeping force from the territory Cultural affairs, including promotion of 2. Responding to this call by the inter- under its control, despite the fact that the the Saharan Hassani cultural heritage; national community, the Kingdom of Mo- Security Council repeatedly has made clear Environment. rocco set a positive, constructive and dy- that this solution is no longer viable. 13. The Sahara autonomous Region will namic process in motion, and pledged to sub- SUMMARY OF THE MOROCCAN INITIATIVE: have the financial resources required for its mit an autonomy proposal for the Sahara, development in all areas. Resources will The initiative is the product of a year long within the framework of the Kingdom’s sov- come, in particular, from: internal and foreign Moroccan consultation ereignty and national unity. Taxes, duties and regional levies enacted process. All sectors of the Sahrawi popu- 3. This initiative is part of the endeavors by the Region’s competent authorities; lation were included in the consultations and made to build a modern, democratic society, Proceeds from the development of natural the views of foreign governments and expert based on the rule of law, collective and indi- resources allocated to the Region; international authorities were sought before vidual freedoms, and economic and social de- The share of proceeds collected by the the plan was finalized for presentation to the velopment As such, it brings hope for a bet- State from the development of natural re- United Nations. ter future for the region’s populations, puts sources located in the Region; The plan itself represents an outline for a an end to separation and exile, and promotes The necessary funds allocated in keeping political solution that traces what Morocco reconciliation. with the principle of national solidarity; considers to be the broad scope of an auton- 4. Through this initiative, the Kingdom of Proceeds from the Region’s assets. omy arrangement for the Western Sahara. It Morocco guarantees to all Sahrawis, inside 14. The State shall keep exclusive jurisdic- does not go into extensive detail on its var- as well as outside the territory, that they tion over the following in particular: ious aspects on the assumption that such will hold a privileged position and play a The attributes of sovereignty, especially specific arrangements should be the result of leading role in the bodies and institutions of the flag, the national anthem and the cur- direct negotiations rather than the imposi- the region, without discrimination or exclu- rency; tion of only one of the parties to the dispute. sion. The attributes stemming from the con- The plan provides for a local elected legis- 5. Thus, the Sahara populations will them- stitutional and religious prerogatives of the lature that would subsequently elect an ex- selves run their affairs democratically, King, as Commander of the Faithful and ecutive authority. It also would establish a through legislative, executive and judicial Guarantor of freedom of worship and of indi- separate judiciary for the autonomous region bodies enjoying exclusive powers. They will vidual and collective freedoms; with competence to render justice on mat- have the financial resources needed for the National security, external defense and ters specific to the autonomous status of the region’s development in all fields, and will defense of territorial integrity; region. The legislature would elect a chief take an active part in the nation’s economic, External relations; executive. social and cultural life. The Kingdom’s juridical order. The formula proposed by Morocco would 6. The State will keep its powers in the ensure majority representation in the legis- royal domains, especially with respect to de- III. APPROVAL AND IMPLEMENTATION lature for Sahrawi inhabitants of the auton- fense, external relations and the constitu- PROCEDURE FOR THE AUTONOMY STATUTE omous region, while also ensuring credible tional and religious prerogatives of His Maj- 27. The Region’s autonomy statute shall be legislative representation for non-Sahrawis esty the King. the subject of negotiations and shall be sub- who have been long-time residents in the ter- 7. The Moroccan initiative, which is made mitted to the populations concerned in a free ritory. Residents of the autonomous region in an open spirit, aims to set the stage for referendum. This referendum will constitute would also continue to elect representatives dialogue and a negotiation process that a free exercise, by these populations, of their to the national legislature. would lead to a mutually acceptable polit- right to self-determination, as per the provi- The government of the autonomous region ical solution. sions of international legality, the Charter would have exclusive authorities on some 8. As the outcome of negotiations, the au- of the United Nations and the resolutions of issues, shared authority with the central tonomy statute shall be submitted to the the General Assembly and the Security government of Morocco on others and con- populations concerned for a referendum, in Council. sultative rights on authorities that remain keeping with the principle of self-determina- 28. To this end, the parties pledge to work reserved to the central government and that tion and with the provisions of the UN Char- jointly and in good faith to foster this polit- effect the region. ter. ical solution and secure its approval by the The autonomous government would con- 9. To this end, Morocco calls on the other Sahara populations. trol local administration, local police, edu- parties to avail the opportunity to write a 29. Moreover, the Moroccan Constitution cation, cultural development, economic de- new chapter in the region’s history. Morocco shall be amended and the autonomy Statute velopment, regional planning, tourism, in- is ready to take part in serious, constructive incorporated into it, in order to guarantee

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A18DE8.035 E19DEPT1 smartinez on DSK6TPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1965 its sustainability and reflect its special place and a friend to the people he was elected to Although he had lost the ability to operate in the country’s national juridical architec- serve. fully from his right side, it did not stop him ture. Adding to all of this, Marc and his wife from pitching more games, 36 to be exact, 30. The Kingdom of Morocco shall take all Dawn have six children and three grand- the necessary steps to ensure full integra- than anyone in Keuka College history. After tion, into the nation’s fabric, of persons to children. Marc is a current member of the college Kunick left New York State, moving to be repatriated. This will be done in a manner Clark County Farm Bureau and has served Florida to teach chemistry and coach the which preserves their dignity and guarantees over 18 years as a local youth leader and game that he had come to love. He spent the their security and the protection of their Sunday school teacher. He is a former mem- next six years as an assistant coach at Ridge- property. ber of the Hockinson School District Cur- wood High School before moving to Fivay as 31. To this end, the Kingdom of Morocco riculum Committee and the Future Farmers of its schools head coach. shall, in particular, declare a blanket am- America—Clark County Chapter. Marc has At Fivay, Kunick rebuilt the baseball pro- nesty, precluding any legal proceedings, ar- served over 10 years as a local 4H Leader. rest, detention, imprisonment or intimida- gram instilling discipline and encouraging per- tion of any kind, based on facts covered by I believe his deep roots in our community severance. He developed close relationships this amnesty. have provided him with the passion and en- with his players and created a reputation as a 32. Once the parties have agreed on the ergy to serve the people who live here. When coach who would do anything for his boys. proposed autonomy, a Transitional Council he’s not in Commission meetings or visiting Eventually a new team motto sprouted from composed of their representatives shall as- farms and businesses throughout the county, his leadership, rise above. sist with repatriation, disarmament, demobi- you’ll find him serving the community in some In February, Kunick encountered a new hur- lization and reintegration of armed elements other way. In the month of August, there’s tle after being diagnosed with Stage IV colon who are outside the territory, as well as with only one place to find Marc—the Clark County any other action aimed at securing the ap- cancer. Living up to his team motto, he quickly proval and implementation of the present Fairgrounds. He’ll be serving up BBQ sand- underwent surgery and was back on the field Statute, including elections. wiches or handing change to customers, all in the next week. In and out of the hospital, 33. Just like the international community, the name of supporting Young Life to try and Kunick watched over his team contacting them the Kingdom of Morocco firmly believes provide a positive influence in the lives of by phone and text messages between innings. today that the solution to the Sahara dis- Clark County teens. On April 27th Justin Kunick lost his battle pute can only come from negotiations. Ac- His work on behalf of the people who live in with cancer at the age of only 32. Although he cordingly, the proposal it is submitting to Clark County has earned the respect of peo- is no longer with us, his spirit lives on in his the United Nations constitutes a real oppor- ple of all political stripes. students and players. Kunick believed that you tunity for initiating negotiations with a While his service on the Board of Clark view to reaching a final solution to this dis- could overcome anything life threw at you; as pute, in keeping with international legality, County Commissioners will end in January of long as you were giving it your all, you were and on the basis of arrangements which are 2013, Marc will no doubt continue to serve the rising above. consistent with the goals and principles en- people of Southwest Washington as a commu- Mr. Speaker, today I call on my colleagues shrined in the United Nations Charter. nity leader. He is a loving husband, father, in Congress to join me in celebrating the life 34. In this respect, Morocco pledges to ne- grandfather, public servant, and a friend to all. and spirit of a great man who lived with endur- gotiate in good faith and in a constructive, Today, I ask all members of Congress to join ing principles. It is my privilege to honor Justin open spirit to reach a final, mutually accept- me in honoring an extraordinary man and pub- Kunick’s memory today. able political solution to the dispute plagu- lic servant, Marc Boldt. ing the region. To this end, the Kingdom of f f Morocco is prepared to make a positive con- HONORING THE STEVENS FAMILY tribution to creating an environment of PERSONAL EXPLANATION trust which would contribute to the success- IN AMERICA, 11 GENERATIONS ful outcome of this initiative. ALWAYS MOVING FORWARD 35. The Kingdom of Morocco hopes the HON. JIM GERLACH other parties will appreciate the significance OF PENNSYLVANIA HON. ALBIO SIRES and scope of this proposal, realize its merit, IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY and make a positive and constructive con- tribution to it. The Kingdom of Morocco is of Wednesday, December 19, 2012 IN THE HOUSE OF REPRESENTATIVES the view that the momentum created by this Mr. GERLACH. Mr. Speaker, on December Wednesday, December 19, 2012 initiative offers a historic chance to resolve 17, 2012, I unfortunately missed two recorded Mr. SIRES. Mr. Speaker, I rise today to this issue once and for all. votes on the House floor. Had I been present, honor the John Stevens Family on all of their f I would have voted ‘‘aye’’ on rollcall 627 and great accomplishments as entrepreneurs and ‘‘aye’’ on rollcall 628. HONORING THE PUBLIC SERVICE philanthropists, and to share the history of the OF CLARK COUNTY COMMIS- f family that founded the Stevens Institute of SIONER MARC BOLDT HONORING THE LIFE AND Technology. Stevens Institute of Technology MEMORY OF JUSTIN KUNICK was founded in 1870 and is named for a dis- HON. JAIME HERRERA BEUTLER tinguished family of engineers and inventors OF WASHINGTON HON. BRIAN HIGGINS who have made tremendous contributions to our nations’ maritime and railroad systems. IN THE HOUSE OF REPRESENTATIVES OF NEW YORK Stevens’ 55-acre tree-shaded campus occu- IN THE HOUSE OF REPRESENTATIVES Wednesday, December 19, 2012 pies part of the family’s original estate, near Ms. HERRERA BEUTLER. Mr. Speaker, I Wednesday, December 19, 2012 the edge of the Hudson River at Castle Point rise today to honor a good friend and dedi- Mr. HIGGINS. Mr. Speaker, I rise today to in Hoboken, New Jersey overlooking Manhat- cated public servant. Marc Boldt was born in celebrate the life and memory of a great West- tan. Vancouver, Washington, and has been a resi- ern New Yorker, Justin Kunick. Teacher and Stevens, also known as ‘‘The Innovation dent of Hockinson, Washington since 1985. coach to many but inspiration to all, Kunick University,’’ has a student population of more I’ve known Marc since I was young and my encouraged those around him to rise above than 6,000 students and over 37,000 alumni. family lived close to his farm where I picked the obstacles and put forth their best effort in Alumni have leadership positions in many in- blueberries along with my brothers. Marc was the classroom, on the field and in all other dustries including construction, power genera- elected to the State Legislature in 1994 from arenas. tion, telecommunications, green energy, bio- Washington’s 17th Legislative District where No stranger to obstacles, Kunick faced his technology, transportation, green energy and he served 5 terms as a state representative, first when he was born with a heart defect and the financial community. until he was elected to the Board of Clark underwent surgery to save his life. Two years Today there are more than 400 descend- County Commissioners in 2004. His second later further complications temporarily para- ants of the Stevens family throughout the term will end at the close of this year. lyzed the right side of his body forcing him to United States and abroad. On October 6, Throughout his time as an elected official, become dominant from his left. With a com- 2012, they came to Stevens Institute of Tech- Marc Boldt has provided strong leadership and plicated medical record, one of the last places nology for their first family reunion in more a willingness to put the people of Clark County you would expect Kunick to be attracted to than 30 years to reconnect, to learn about first. He has been a business advocate, a tire- was the baseball diamond, but that’s exactly their family history, and to gain an under- less supporter of the agricultural community, what happened. standing of the many ways the university

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A18DE8.037 E19DEPT1 smartinez on DSK6TPTVN1PROD with E1966 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2012 founded by their ancestors 142 years ago has hired by David G. Volkert as a project engi- Sixth District of North Carolina, just won its contributed to our society. neer in 1960. third straight state high school football cham- The most notable member of the family was Over the last five decades, Mr. King has wit- pionship. This time, however, the title capped Colonel John Stevens III. During the Revolu- nessed many changes in the Mobile- a perfect 15–0 season. tionary War, he was appointed to be a captain headquartered engineering company which On December 1, 2012, the Nighthawks of in Washington’s Army at age twenty-seven. has grown to become one of the top-ranked Northern Guilford High School defeated Char- Later he was promoted to Colonel, and col- engineering, planning, and environmental con- lotte Catholic 64–26 to capture its third con- lected taxes for the American cause as Treas- sulting firms in the United States. secutive NCHSAA Class 3–AA championship. urer of New Jersey. After the war in 1784, he Keith served as president from 1983 until Senior T.J. Logan led the way by rushing for purchased land that is now Hoboken, and in- 2007 and CEO until 2011. Volkert, Inc. has an unbelievable 510 yards and scoring eight cludes the current campus for Stevens Insti- grown continuously and opened operations touchdowns. This was the third straight title for tute of Technology. centers in 11 States employing over 600 asso- longtime Head Coach Johnny Roscoe. In In 1798, Colonel Stevens was the first in- ciates. 2010, Northern Guilford went 14–2 to win the ventor to build and sail a steamboat on the As an accomplished professional engineer, first championship. In 2011, the Nighthawks Hudson River. The Colonel’s boiler design, his licensed in eight States, Keith King has ob- completed a 14–1 season to secure its second twin screw propellers, and the steam ferry he tained national recognition for many of the straight title. This year, no one stopped the ran between Hoboken and New York were projects he has engineered and managed. He Nighthawks on the way to a 15–0 season that among his many outstanding ‘‘firsts.’’ His was Chief Engineer for the Interstate 10 Twin culminated in their third crown in three years. steam ship, the Phoenix, captained by his son Bridges over Mobile Bay, which was named What is left for Northern Guilford to accom- Robert was also the first steamship to sail the one of the Ten Outstanding Engineering ocean, in 1809. On land, Colonel Stevens pur- plish following this three-year run? I’m sure Achievements of 1978 by the National Society Coach Roscoe, always the perfectionist, could chased the first American locomotive, the of Professional Engineers (NSPE). ‘‘John Bull.’’ The John Bull is now on display point to many areas for improvement during He was principal-in-charge of the Alabama the season and the title contest. But it is hard at the Smithsonian Museum in Washington, State Docks’ McDuffie Coal Export Facility DC. to argue against perfection. I think Ed Hardin, Project, which in 1984 received the Engineer- the outstanding sports columnist for the The Colonel’s sons also developed an apti- ing Excellence Award from the American Con- tude for innovative engineering. His son Rob- (Greensboro) News & Record stated it best: sulting Engineers Council of Alabama. ‘‘We might never see anything like this again ert invented the T-rail for railroads, which is In 1992, Volkert’s Cochrane/Africatown still in use today on railroads throughout the in these parts,’’ Hardin wrote, ‘‘and in the com- U.S.A. Bridge over the Mobile River was ing years we’ll look back and debate about world. Robert also invented the ferry slip, a named one of the Outstanding Engineering supporting iron rod for projecting guard beams this team. Was it the best we ever saw? Was Achievements by NSPE and received the Fed- the remarkably talented (T.J.) Logan the best on steamboats, and made several other im- eral Highway Administration Award of Excel- provements to ferries and steamboats. A sec- player we ever produced in Guilford County? lence. You could make that argument. The game ond son, Edwin A. Stevens, founded the uni- All three of these projects are in the State versity as a part of his estate. Edwin built and played out like the season. Fast start, con- of Alabama Engineering Hall of Fame. Mr. founding moments and then brilliance.’’ operated New Jersey’s first railroad. His ex- King, himself was inducted in 2001 and That brilliance was a team effort all the way periments also resulted in the iron-clad war- Volkert, Inc. was honored in 2002. and led by Coach Roscoe, who has been ship. A third son, John Cox Stevens, was a Keith has worked hard to improve the areas around football for four decades. Coach Ros- sailor and joined the syndicate that built the of licensure, continuing professional develop- coe was ably assisted by Brian Thomas, Ben schooner ‘‘America’’ and became the first win- ment, ethical standards, and professionalism. Hepler, Richard Burton, Todd Sharp, Lee ner of the famed America’s Cup racing series. His involvement includes two terms on the Meekins, Chris Vaughan, Chris Harris, and He also founded the New York Yacht Club Alabama Licensure Board, the Business Justin Davis. All of these coaches will tell you and this year was inducted into the Yachting Council of Alabama (Chairman, 2000–2001); that the Nighthawks’ perfect season was also Hall of Fame, on October 13, 2012 at a cere- Alabama Society of Professional Engineers due to the fine efforts provided by Team Train- mony held in New Orleans, Louisiana. (President); National Society of Professional er Justin Ollis, Assistant Trainer Valerie Smith, Other notable Stevens family descendants Engineers (NSPE) (Vice President-Southeast; Team Physician Kirstin Shepperson and Team throughout the years include former Member Chairman, National Membership Committee Managers Jenne Livingston, Sydney Monroe, of Congress, Millicent Fenwick (R–NJ), who and Licensure and Qualifications for Practice Taylor Phillips, Ashlyn Thomas, and Mercedes was also appointed by President Reagan as Committee); Fellow Member of American Soci- Wiglesworth, along with Ball Boy Britt Thomas. the first U.S. Ambassador to the Food and Ag- ety of Civil Engineers and NSPE; Member of riculture Organization in Rome, a U.S. Ambas- the American Consulting Engineers Council. Every one of the 2012 champion Night- sador to Spain, a casualty and a survivor from He remains actively involved with Auburn hawks can take pride in the completion of this the Lusitania, a member of the first class of University, where he has chaired the Auburn perfect season. They include: Tre Purcell, C.J. the Naval Academy in Annapolis, the current Alumni Engineering Council and served on the Freeman, Brett Welch, Cameron Harris, Mook CEO of Habitat for Humanity International and Auburn University Board of Directors. Reynolds, Robert Willcox, T.J. Logan, AJ more. On behalf of the people of south Alabama, Love, Nick Jones, Austin Coltrane, Justin Wal- I applaud the John Stevens Family for all of I extend heartfelt congratulations to Keith and lace, Daniel Kelly, Matt Page, Burney Sindab, their contributions and ask my colleagues to his lovely wife, Julia, as well as their entire Tucker Hord, Molick Scott, Chris Ripberger, join me in recognizing their great accomplish- family. Additionally, I wish them both a long Malik Parker, Matthew McGarry, Max May- ments. I wish them all continued success and and happy retirement, including plenty of nard, Rory Bergen, Bernard Sindab, T.J. Ruff, thank them for their dedication to making New deep-sea fishing. Josh Parker, Johnny Loflin, Jacob King, Ryan Jersey and our country greater for future gen- Johnston, Nick Fryer, Mason Monroe, f erations. TyShawn Reese, Austin Simmons, Josh Cov- f CONGRATULATING THE NIGHT- ington, Max Klietsch, Dylan Hakala, Trey HAWKS OF NORTHERN GUILFORD French, Eric Hong, Josh Steele, Kamen Smith, TRIBUTE TO KEITH KING HIGH SCHOOL Chris Forlano, Trevor McKee, Steven Branz, Jalen Hollins, Malik Hampton-Prioleau, An- HON. JO BONNER drew Keen, John Wagoner, Tristen Simmons, OF ALABAMA HON. HOWARD COBLE OF NORTH CAROLINA Alex Hasler, Carlos Williams, Terrell Headen, IN THE HOUSE OF REPRESENTATIVES Bret Unkel, and Duncan Taylordean. IN THE HOUSE OF REPRESENTATIVES Wednesday, December 19, 2012 A winning season also requires support Wednesday, December 19, 2012 Mr. BONNER. Mr. Speaker, I rise to recog- from school administrators and leaders and nize and congratulate a distinguished member Mr. COBLE. Mr. Speaker, there is an old Northern Guilford has a winning team there, of the Alabama business community, Mr. Keith saying that goes, the ‘‘third time is a charm.’’ too. Congratulations are appropriate for Prin- King, P.E., who is soon to retire from Volkert In the case of the football team at Northern cipal Will Laine, Assistant Principals Doug & Associates, Inc., after 52 years of service. Guilford High School, the new expression Foutty and Travis Ward, and Athletic Director A 1958 graduate of Auburn University’s should be, the ‘‘third time is perfection.’’ That Brian Thomas. All can take pride in three School of Civil Engineering, Keith King was is because this football team, located in the straight state championships.

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K19DE8.004 E19DEPT1 smartinez on DSK6TPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1967 Last, but far from least, we have to mention In his best-selling 1998 book, The Greatest Rollcall 630—On Motion to Suspend the Nighthawk Nation. I am sure that everyone as- Generation, former NBC Television anchor Rules and Agree to the Senate Amendment— sociated with the football team will tell you that Tom Brokaw told the story of what he believed ‘‘yes.’’ Northern Guilford’s formidable fan base was the greatest generation any society has f spurred them on to victory. No doubt that the ever produced. ‘‘. . . These men and women students, parents, faculty, staff, and sup- fought not for fame and recognition, but be- IN TRIBUTE TO HOWARD AND porters of Northern Guilford football are beam- cause it was the right thing to do. When they SUSAN GROFF ing with pride following a third state champion- came back they rebuilt America into a super- ship. power.’’ HON. ELTON GALLEGLY The seniors on this team will move on to Harry Mason was a product of that historic OF CALIFORNIA their next adventures. For the returning Night- generation; a native of Southwest Alabama, a IN THE HOUSE OF REPRESENTATIVES hawks, I am sure they have already begun hardworking local businessman, and citizen Wednesday, December 19, 2012 their dreams of four in a row. If that happens, who stepped up to serve his country and his Mr. GALLEGLY. Mr. Speaker, I rise in trib- I plan to be back here again next year offering home town because it was the right thing to ute to my good friends, entrepreneurs and pa- my own congratulations. For now, on behalf of do. triots Howard and Susan Groff. the citizens of the Sixth District of North Caro- As an assistant engineer in the Merchant The Groffs have owned Northwest Exca- lina, we congratulate and thank the football Marine during World War II, Harry was aboard vating Co., Inc. since the 1960s. Howard’s fa- team at Northern Guilford High School for the S.S. Sea Porpoise when it landed 3,000 ther, Bob Groff, founded the company in 1959 showing us how perfection can be achieved. troops on the beaches of Normandy during the under the name ‘‘Northwest Compaction.’’ The The third time is a charm indeed. second wave of the famous D–Day invasion to company started out modestly, with two back- f liberate France. On July 5, 1944, the S.S. Sea hoes, an Arrow hammer, a skiploader, and a Porpoise was damaged by a German mine. Gradall. RECOGNIZING THE REPUBLIC OF The ship’s complement of 159 crew and pas- During the first few years, Northwest fo- CHINA (TAIWAN) FOR CONTRIBU- sengers, including Harry, were uninjured and cused primarily on renting equipment and op- TIONS TO THE RECONSTRUCTION the ship survived. erators to local grading and sewer contractors. EFFORTS FOR THE NE COAST OF When he returned stateside to civilian life, The company prospered during the 1960s due THE U.S. like so many others of our ‘‘Greatest Genera- to the ever-increasing construction throughout tion’’ Harry eagerly rejoined the workforce Southern California. While maintaining a con- HON. YVETTE D. CLARKE helping his father run the family business. He servative approach towards growth, the com- OF NEW YORK invested his life and his heart in Pine Hill, and pany slowly added equipment to its fleet. IN THE HOUSE OF REPRESENTATIVES according to a recent article in the Thomasville During the mid- to late 1960s, Howard and Times, Harry wouldn’t have had it any other Wednesday, December 19, 2012 Sue bought the company. Howard often way. ‘‘Except for the war, I never even enter- worked as equipment operator, mechanic, Ms. CLARKE of New York. Mr. Speaker, I tained a thought of going somewhere else,’’ lowbed driver, or anything else that needed to rise today to recognize the Republic of China he told the paper. be done, while Sue managed the finances. (ROC), also known as Taiwan. Immediately It wasn’t long before Harry turned his pas- Howard, much like his father before him, un- after Hurricane Sandy hit the the Northeast sion to public service, first as a member of the dertook a conservative management approach coast on October 29th and 30th, many foreign Wilcox County Board of Education during the toward the company. During the late 1960s governments and non-governmental organiza- tumultuous 1960s and 70s. In 1991, he left his and into the early 1970s, the company grew at tions offered generous help to the United family business of running the Economy Store a steady pace. States. The Republic of China government and instead ran for mayor. As a result of the company’s early experi- (Taiwan) offered $1.3 million to aid in relief Looking back at 20 years of leading his ence working for underground sewer contrac- and reconstruction efforts. town, he has much for which to be proud. An tors, Northwest began an underground utilities On November 16th Taiwan donated $1 mil- expansion of the Pine Hill’s water and sewer division. This division dug trenches for power lion to two charities, United Way International system and city limits come to mind. Perhaps and telephone lines by the foot, then backfilled and Habitat for Humanity International, two of most notably during his last year in office, and compacted the trenches. Howard did all the leading relief agencies. The rest of the Pine Hill landed one of the largest industries the estimating and ran most of the jobs. He is funds were distributed to the state govern- to come to Southwest Alabama in years. Harry now acting CEO while his son Robert has ments of New York and New Jersey, which joined state and local officials in welcoming taken over the daily management duties. Sue were among the hardest hit areas. Golden Dragon Copper to the Pine Hill area in has stepped aside from the financial end. A ceremony marking the transfer of funds to February. When completed, this new factory is Howard and Sue owned and operated, the two charities was held in Washington, DC, expected to employ 300 workers with the po- along with their son Michael, Northridge on December 6, 2012. On behalf of the cur- tential to reach 500. Equipment Rental in five locations in Cali- rent 11th Congressional District, soon to be An active presence in the community, Mayor fornia, which they sold in 2005. The Groffs the 9th Congressional district of New York, I Harry Mason has also served as a member of have also developed, owned, and managed recognize the ROC for their generous con- the board of the Bank of Pine Hill. However, office and industrial buildings throughout the tribution and show of good will towards the of all his many accomplishments, Harry points San Fernando Valley. United States. As parts of the Northeast coast to his 20 years’ service as chief of the Pine For more than 30 years, the Groffs owned continue to rebuild, on behalf of my constitu- Hill Volunteer Fire Department as his greatest. their own auto racing teams with their sons as ents, I am grateful to those who have offered On behalf of the people of south Alabama, drivers, which included racing in the Indy 500 their assistance. I thank the ROC and look for- I wish Harry and his wonderful wife, Mittie, the for several years. Howard and Sue also are ward to continuing a long lasting and fruitful very best for a well-deserved and duly-earned major supporters of our military and veterans friendship. retirement. and have been a major sponsor of my U.S. f f Rep. Elton Gallegly and Friends Operation Toy Drop at Naval Base Ventura County. In TRIBUTE TO MAYOR HARRY PERSONAL EXPLANATION addition to voting in every election, they also MASON actively support candidates who share their HON. PAUL RYAN fiscal conservative convictions. HON. JO BONNER OF WISCONSIN In addition to their sons Michael and Robert, OF ALABAMA IN THE HOUSE OF REPRESENTATIVES Howard and Sue have a daughter, Debra, IN THE HOUSE OF REPRESENTATIVES seven grandchildren, and four great-grand- Wednesday, December 19, 2012 children. Wednesday, December 19, 2012 Mr. RYAN of Wisconsin. Mr. Speaker, yes- Mr. Speaker, I know my colleagues join me Mr. BONNER. Mr. Speaker, I rise to honor terday, I missed rollcall votes 629 and 630. in paying tribute to my friends Howard and the contributions of a remarkable public serv- Had I been present, I would have cast the fol- Susan Groff for proving that conservative ant and dear friend, Mayor Harry Mason. In lowing votes: growth can build successful businesses and November, Mayor Mason retired after 20 Rollcall 629—On Motion to Suspend the for proving their love for America by their gen- years as chief executive of Pine Hill, Alabama. Rules and Pass—‘‘yes.’’ erosity to our military men and women and by

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.001 E19DEPT1 smartinez on DSK6TPTVN1PROD with E1968 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2012 taking an active role in the American political Maurice Cole, Chase Holliman, John Stockton, election. We forget the complex human inter- process. Cody Shoultz, Grey Curtis, Taylor Murray, actions that shape the past and continue to af- f Logan Mangum, Victor Dunning, Chase Rowe, fect our communities today. Christopher Morehouse, Tyler Brentzel, Brad What has come to be known as the U.S.- CONGRATULATING THE SPANISH Andre, Grant Horst, Michael Eubanks, Owen Dakota War of 1862 has its roots in the rapid FORT TOROS FOR WINNING THE Betts, Trevor Pfeil, Kaleb Hall, Ian Bjuro, Bran- expansion of Minnesota’s population by white ALABAMA CLASS 5–A FOOTBALL don Prince, Hamilton Biggs, Austin Grobe, settlers, and the subsequent treatment of in- CHAMPIONSHIP Wilton Cox, Deandre Townsend, Robert Rella, digenous peoples. From 1850–1860, the num- Mitchell Meador, William Petersen, Jimmy bers of white settlers in Minnesota grew from HON. JO BONNER Ogletree, Lawton McGahey, Hunter Wood, 5,000 to more than 170,000; in that same dec- OF ALABAMA Roger Lawhon, Tyler Howell, William Nelson, ade, Native Americans went from the majority IN THE HOUSE OF REPRESENTATIVES Darius Johnson, Bryan Williams and Jonathan of people in Minnesota to being outnumbered Hoover. by whites 5–1. Treaties made between the Wednesday, December 19, 2012 Dakota people and the U.S. government f Mr. BONNER. Mr. Speaker, I rise to offer pushed native communities off their ancestral my congratulations to the Spanish Fort High RECOGNIZING TIMOTHY HOLABIRD lands with promises of money, food, and com- School Toros for their decisive 45–14 victory modities. Forced assimilation policies further over McCalla’s McAdory High School Yellow HON. TOM McCLINTOCK marginalized tribes by requiring the adoption Jackets in the Alabama High School Athletic OF CALIFORNIA of European style dress, hair, and culture. Association’s (AHSAA) 5–A football champion- IN THE HOUSE OF REPRESENTATIVES Tensions escalated when the government failed to pay promised annuities, a drought de- ship on December 6, 2012. Wednesday, December 19, 2012 Spanish Fort’s already impressive gridiron creased the supply of food leaving many Da- record of capturing two state championships in Mr. MCCLINTOCK. Mr. Speaker, I rise today kota families hungry, and the U.S. government seven seasons is all the more noteworthy in recognition of the many contributions Tim- took back land set aside for Indian reserva- since the Toro’s young football program only othy Holabird has made to Modoc, Lassen, tions, reducing the remaining reservation size debuted in 2006. Plumas, and Sierra counties located in north- drastically. According to the Mobile Press-Register, eastern California. The first violent acts of the conflict occurred both teams brought impressive records into Tim has combined experience and knowl- on August 17, 1862, when four young Dakota the championship game at Auburn University’s edge of the lands and people that define the men killed five people at a farm near Acton, Jordan-Hare Stadium. ‘‘Spanish Fort had the region with a steadfast determination to help Minnesota. These murders divided the Dakota pinball offense averaging 39.5 points per these rural communities. Federal agencies ad- community; some argued it was time to go to game. McAdory had the swarming defense minister more than 80 percent of the land, and war with the settlers who now claimed ances- that forged an unbeaten season through 14 Tim has aggressively championed interests of tral Dakota land, but much of the community games.’’ people versus the seeming indifference and wanted to maintain peace. Nevertheless, Da- However, in the end it was Spanish Fort neglect of the bureaucracies. Bringing all par- kota leader Little Crow led his Nation to War, who dominated the field on both offense and ties together, establishing common goals and understanding that the greater power of the defense, with 377 total yards, while holding objectives, and actually solving problems has U.S. government would most likely prevail. The weeks of violence that followed in the Yellow Jackets to just 187 yards. been his hallmark. Southern Minnesota led to over 1,000 deaths. The Press-Register further noted, ‘‘Spanish As four fires ravaged the area this summer, The U.S.-Dakota War is one of the bloodiest Fort (14–1) extended a school record for Tim pursued the interests and concerns of conflicts between a Native tribe and the U.S. points in a single season to 598 with its 45– local citizens to the point of his own physical government, surpassing both the conflicts of 14 win.’’ exhaustion. He personally bridged the commu- Little Big Horn and Wounded Knee. The War’s The Toros took an early lead in the game nication gap with agencies attacking the fires end was marked by the largest mass execu- with two touchdowns before the Yellow Jack- and the communities immediately threatened. tion in U.S. history, when 38 Dakota men were ets answered with seven points. The Toros In the devastating aftermath of the fires, Tim convicted in kangaroo courts and hung on De- then fired back with a vengeance—adding 31 worked with all parties to restore and salvage. cember 26, 1862. Originally 303 Dakota men points to the scoreboard. In particular, he has been relentless resolving were tried and sentenced to death, but Presi- Senior quarterback Joel Poe was named the the immediate, critical issue of thousands of dent Lincoln personally reviewed the cases Class 5–A MVP after completing 17-of-24 acres of lost grazing land. and stayed the execution of those whose con- passes for 177 yards and running for a 10- Tim understands the appropriate role of government in land and resource management viction was based on questionable testimony. yard touchdown. Two additional Dakota warriors were forcibly The Toros’s 5–A victory placed an excla- and has personally sacrificed to uphold the public’s interests. Mr. Speaker, while it seems returned from Canada and hanged at Fort mation point on another season for the record Snelling in 1865. books for Spanish Fort. the aim of our government agencies is to re- strict access and the productive use of our Although the day of the execution stands Congratulations to Head Coach Mark Free- out in history, the suffering of the Dakota peo- man, and Assistant Coaches Duane Davis, federal lands, Timothy Holabird remains a steadfast advocate for access and use by the ple continued throughout the winter and into Shawn DeFoor, Joseph German and Greg the coming years. Those Dakota who had sur- Crager, as well as to the Toros players— very best stewards of this land—the local citi- zens. rendered to U.S. forces, many of whom op- Sammy Tolbert, Edward Autry, Maxwell Good- posed the war, were forced to march to an in- f win, Samuel Harris, Myles York, Joel Poe, ternment camp at Fort Snelling and suffer Matthew Hall, Devonte Patrick, Deon Johnson, REMEMBERING THE LIVES LOST through a brutally cold winter filled with dis- Blain Crain, Ronald Smith, Jonathan Cook, IN THE 1862 U.S.-DAKOTA CON- ease, food shortages, and assaults by soldiers Darren Tate, Gunner Hendrix, Chason Milner, FLICT and civilians alike. Hundreds perished over the Tyler Johnston, Eugene Leach, Ryan Brooks, winter, and those who survived were forcibly Trey Shabel, Kristian Cotton, Kylan Cotton, HON. KEITH ELLISON relocated to Western reservations where simi- Cameron Harrison, Caleb Valrie, Jacob Good- OF MINNESOTA lar conditions led to more deaths. Some 6,000 win, Tony Mitchell, Javon Brown, Dominique IN THE HOUSE OF REPRESENTATIVES displaced members of the Dakota community Woodward, Miguel Restrepo, Preston Hall, relocated to Canada and Western states and Wednesday, December 19, 2012 Alexander Theodore, John Campbell, Deonte territories, and by the end of the decade a ma- Cyprian, Caleb Hughes, Stephan Holcombe, Mr. ELLISON. Mr. Speaker, I rise today in jority of the Dakota tribe had left its ancestral Keland Dotch, Marcus Walton, Stephen Wil- remembrance of those who lost their lives in lands. son, Hayden Falkenberry, Brady Vincent, the U.S.-Dakota War of 1862. This year marks The U.S.-Dakota War reminds us of how the Delong Harrison, John Williamson, Thomas the 150th anniversary of the conflict, remind- events of the past continue to reverberate to Johnston, Keion White, David Keener, Drew ing us of this tragic era in Minnesota’s history, this day. Dakota tribe members are still dis- Kitchens, Jeremy Murray, Braxton Armstead, and how it has shaped the lives of the Dakota persed over several states and into Canada Justin Murray, Jacob Clark, Matthew Thomp- people to this day. as a direct result of this conflict. Most unfortu- son, Todd Shetler, Robert Riley, Iverson Diego It is easy to consider history as a list of nate, the Dakota Expulsion Act of 1863, a fed- Delapena, Samuel Howard, Davoris Thomas, dates—a discovery, a war, a proclamation, an eral law making it illegal for Dakota people to

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.004 E19DEPT1 smartinez on DSK6TPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1969 live in Minnesota, has yet to be repealed. In on clinching their 2nd straight AFC South Divi- here with one idea and that was to win the August of this year, members of the Dakota sion Title. The Texans are a relatively new division and we’re not going to win the divi- community took part in a walk through South franchise, established in 2002. They currently sion. They did it, and my hat is off to the Dakota to the Minnesota border, symbolizing Texans, and we’ll see them in a couple lead the AFC race for home field advantage weeks.’’ the unjust forcible removal of all Dakota peo- throughout the playoffs. As an avid Texans ple from Minnesota in 1863. fan, I am proud to honor the Houston Texans f The healing from the War is ongoing; hon- on this great achievement. RECOGNITION OF CYPRUS’ PRESI- oring those we lost and remembering our I would like to submit the following article: DENCY OF THE EUROPEAN complicated past should not be limited to anni- ‘‘Texans Cement Supremacy in Division and UNION versaries of the conflict. We should use this Look Beyond’’ by Tom Spousta, printed in The year of reflection to inform a more inclusive New York Times, December 17, 2012: view of history, an appreciation of how far HOUSTON—Arian Foster and Dwight HON. ALBIO SIRES we’ve come, and recognition of all we must do Freeney embraced at midfield and, after a OF NEW JERSEY to continue to support our Native communities few heartfelt words, began pulling their IN THE HOUSE OF REPRESENTATIVES today. shoulder pads over their heads. They ex- Wednesday, December 19, 2012 changed jerseys, Foster giving up his Hous- f ton Texans No. 23 and Freeney handing over Mr. SIRES. Mr. Speaker, I rise today to rec- CONGRATULATING MR. GREGG his Indianapolis Colts No. 93—one that will ognize the Republic of Cyprus as their first ro- POLLACK, RECIPIENT OF THE hang in Foster’s collection to commemorate tating European Union (EU) Presidency comes Houston’s second consecutive AFC South di- GOVERNOR’S INNOVATORS to a close. The past six months have been vision title. lauded as a very productive presidency and I UNDER 40 AWARD The Colts officially acquiesced Sunday to the supremacy of the Texans, who own the would like to honor the importance of this ac- HON. DANIEL WEBSTER AFC’s best record at 12–2 but whose domi- complishment for a small—yet still occupied and divided—country like Cyprus. Some of the OF FLORIDA nance somehow still remains questioned as the playoffs approach. most notable accomplishments show a contin- IN THE HOUSE OF REPRESENTATIVES They beat Indianapolis, 29–17, in spectacu- ued commitment to human rights and demo- Wednesday, December 19, 2012 larly efficient fashion before a raucous crowd cratic governments. Mr. WEBSTER. Mr. Speaker, I am pleased at Reliant Stadium. A modest locker room During Cyprus’s presidency they oversaw to congratulate Gregg Pollack, winner of the celebration followed, but the Texans know a the implementation of Iran sanctions—the greater validation of their season will come Governor’s Innovators Under 40 Award. Mr. with a top seed and home-field advantage for toughest EU measure to date. The EU was Pollack is the founder and CEO of Envy Labs, the postseason. also awarded the 2012 Nobel Peace Prize in a technology consulting company based in Or- ‘‘You always have to bask in the moment recognition of its longtime commitment to pro- lando, Florida. of winning a division championship, but I moting peace, as well as reconciliation, de- Envy Labs, which Mr. Pollack founded in think the expectations we put on ourselves mocracy, human rights, and the rule of law. 2009, specializes in website and mobile appli- and everybody puts on us are much bigger Furthermore, the EU focused on steps needed cation design and development, and works on than that,’’ said Foster, who had 27 carries to eradicate human trafficking during the sixth for 165 yards, 131 of those coming in the sec- a broad variety of projects from web develop- EU Anti-Trafficking Day conference entitled, ment to branding to user interface design. ond half. ‘‘We’re proud of what we’ve done here, but we’ve got more to go.’’ ‘‘Working Together Towards the Eradication of Through an open and creative work environ- Indianapolis (9–5) lost a chance to earn a Trafficking in Human Beings: The Way For- ment, Envy Labs focuses on producing excel- wild-card berth with two games to play, in- ward.’’ lent products and services while investing in cluding the season finale at home against Mr. Speaker, as a friend and ally of the their employees’ personal and professional the Texans, who gave the Colts plenty to fix United States, I would like to congratulate Cy- lives. before then. prus on a productive EU presidency. This is The Governor’s Innovators Under 40 Award Matt Schaub was 23 of 31 passing for 261 yards and guided an offense that did not an important moment in the history of Cyprus is one of Governor Rick Scott’s 2012 and as a stable democracy dedicated to Innovators in Business Awards, which are de- commit a turnover. Eleven of those comple- tions went for 151 yards to Andre Johnson, human rights and religious freedom; I wish to signed to recognize outstanding contributions who caught a touchdown pass and surpassed honor this significant event. toward growing and diversifying Florida’s 11,000 yards for his career. f economy. The Innovators Under 40 Award is Shayne Graham kicked five field goals, presented to Florida residents under the age and Bryan Braman blocked a punt for a RECOGNIZING FUN SPOT ACTION of 40 who own or lead a Florida company with touchdown. Houston’s defense atoned for its PARK OF ORLANDO, FLORIDA, annual revenue of $1 million or more and who poor performance in last week’s 42–14 loss at RECIPIENT OF THE 2012 BRASS have created at least 10 jobs since January New England, allowing only one third-down RING AWARD FOR THE BEST 2011. conversion and sacking Andrew Luck five FAMILY ENTERTAINMENT CEN- times, three of those coming from J. J. Watt. Through Mr. Pollack’s direction, Envy Labs Luck finished 13 of 27 for 186 yards behind TER IN THE COUNTRY FROM has grown and expanded to include a school an offensive line missing two starters. He IAAPA with courses in coding and web design called threw a 61-yard touchdown pass to T. Y. Hil- Code School. Envy Labs is also active in the ton and an 8-yarder to Dwayne Allen. But a HON. DANIEL WEBSTER Orlando tech community, hosting tech events key Colts drive in the second quarter re- OF FLORIDA and camps downtown. Mr. Pollack is to be sulted in their costliest error, when Mewelde congratulated for the hard work and innovation Moore fumbled at the Texans’ goal line after IN THE HOUSE OF REPRESENTATIVES he has demonstrated, and for the contributions being hit by Watt and the ball was recovered Wednesday, December 19, 2012 by Tim Dobbins. to Florida’s economy that this award honors. ‘‘We got back to what we are as a football Mr. WEBSTER. Mr. Speaker, I am pleased He is well deserving of this recognition. May team,’’ Texans Coach Gary Kubiak said. to take this opportunity to congratulate Mr. his work inspire others to follow in his foot- ‘‘Protecting the ball, running the ball, play- John Arie and his family on Fun Spot Action steps. ing solid defense. That’s how we win.’’ Park of Orlando, Florida having received the f Watt, who paid tribute to the shooting vic- 2012 Brass Ring Award for the Best Family tims in Newtown, Conn., by writing the HONORING THE HOUSTON TEXANS town’s name on one of his gloves, finished Entertainment Center in the country from the ON WINNING THEIR 2ND with 10 tackles and now has an AFC–leading International Association of Amusement Parks STRAIGHT AFC SOUTH DIVISION 19.5 sacks. and Attractions. This is a prestigious award TITLE The Colts owned an odds-defying 8–1 record and deserves special recognition for the hard this season in games decided on the final work and dedication that went into this out- possession, so there was no cause for panic standing accomplishment. HON. GENE GREEN after the Texans grabbed a 20–10 halftime The Arie family is well deserving of this rec- OF TEXAS lead. But Indianapolis generated little mo- ognition for their unfailing dedication and lead- IN THE HOUSE OF REPRESENTATIVES mentum in the second half and finished with ership in the family entertainment center in- Wednesday, December 19, 2012 272 total yards, compared with 417 yards for the Texans. dustry. In receiving this award, they have Mr. GENE GREEN of Texas. Mr. Speaker, ‘‘It was a tough loss for us,’’ Bruce Arians, demonstrated many character qualities, includ- I rise today to commend the Houston Texans the Colts’ interim coach, said. ‘‘We came ing enthusiasm, diligence and remarkable

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\K19DE8.009 E19DEPT1 smartinez on DSK6TPTVN1PROD with E1970 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2012 service. The forty-plus years of service the The Wyomissing Spartans set a Berks authorizing and preserving the National Flood Arie family has provided in owning, operating, County record for points scored and wins in a Insurance Program for an additional five and developing Fun Spot Attractions is a true season, finishing with a perfect 16–0 record. years. This put to an end the many short-term testament to the significant importance of The Spartans are the first team in Berks lapses the program has endured in recent small businesses. County history to win a state title in football at years—along with the delays and canceled This is not the first time that Fun Spot Ac- any level. home sales those lapses have caused home tion Park of Orlando has been recognized for The Spartans’ championship roster includes: buyers and home builders. their commitment to excellence in the tourism Gerald Burns, Thomas Paolini, Corey Unger, Under Barry’s direction, NAHB instituted a industry across Central Florida. Fun Spot has Spenser Lloyd, Sean Smith, Joseph nationwide Protect Homeownership campaign been chosen and honored two prior times by Cacchione, Scott Kuczala, Brian Walters, that featured several rallies in key political the IAAPA for their standards of excellence in Rahul Kalani, Adam Chaffe, Caleb Naylor, swing states during this past election season. promoting and advertising the family entertain- Juche Jackson, Bern Donahue, Chase Hart- This effort to elevate housing on the national ment center industry. man, Alex Anzalone, Brandon Faust, Eric agenda sent a powerful message to the elec- The efforts of Mr. Arie and his family to Waxler, Brandon Gonzalez, Mason Smith, torate that Americans value homeownership serve the Central Florida community are to be Scott McAvoy, Justin Causa, Jonah Bowman, and Congress must support pro-housing poli- commended. It is not often that such a strong Sam Debell-Mitton, Peter Geyer, Josh Naylor, cies that will create jobs and help local com- commitment to service is found within one Jack Baker, Sam Weaver, Peter Bonino, Josh munities to flourish. family. I wish them great success as they Pappas, Shane Hasenauer, Connor Reedy, In normal times housing accounts for more have the opportunity to undergo a 10-acre ex- Chris Eaton, Jeremy Bell, Will Kroppe, An- than 17 percent of the Nation’s total economic pansion that will triple the size of the Orlando thony Colon, Jeriko Reyes, Cody Cox, Ben output. Building 100 single-family homes cre- Fun Spot Action Park. Wertz, Sean Reusing, Logan Jones, Dan ates more than 300 full-time jobs and gen- On behalf of the citizens of Central Florida, Sweitzer, Wyatt Metzger, Finnegan Daly, Brian erates millions of dollars of tax revenues I am pleased to recognize and congratulate Bamberger, Jon Olmeda, Sean Clark, Nate which increase the property tax base that sup- Mr. Arie and his family for their hard work, Hain, Jack Wertz, Liam Reedy, and Daniel ports local schools, police and firefighters dedication, and leadership on this well-de- Faust. across the land. served award. May their investment to com- The champion Spartans were coached by To help housing return to its position as an munity and small business inspire others to Head Coach Bob Wolfrum and Assistant engine of economic growth, Barry instituted an follow in their footsteps. Coaches Tom Baldwin, Andrew Siggins, Al aggressive agenda at NAHB. He made it a pri- ority to help protect housing tax incentives that f Silveri, Todd Zechman, Steve O’Neil, Richard Hoffmaster, Nick Wojciechowski, Frank are vital to renters and home buyers; prevent DON’T LET FOREIGN AID FALL Ferrandino, Bill Hartman, Steve Brunner, Chris expensive, pointless regulations from impeding OFF THE FISCAL CLIFF Blickley, Corbett Babb, Ty Smith, and Jim home building and dampening the recovery; Delp. In addition, the School District’s Athletic and to push for a balanced solution to over- HON. HOWARD L. BERMAN Director is Corbin Stoltzfus. haul the Nation’s housing finance system that retains a federal backstop in the event of a OF CALIFORNIA Mr. Speaker, in light of their outstanding ac- catastrophic situation while providing a stable, IN THE HOUSE OF REPRESENTATIVES complishments, undefeated season, and state championship victory, I ask that my colleagues affordable supply of credit for home buyers Wednesday, December 19, 2012 join me today in recognizing the players, and limiting taxpayer exposure. Mr. BERMAN. Mr. Speaker, as negotiations coaches, and staff of the Wyomissing Spar- He also maintained a regular presence on to avoid the ‘‘fiscal cliff’’ enter the final stages, tans High School Football Team of Berks Capitol Hill, meeting with lawmakers and testi- it is important that we keep in mind the poten- County, Pennsylvania for their incredible and fying on behalf of the Nation’s home builders tially devastating consequences of across-the- unforgettable season. on how small businesses and consumers would benefit from smarter and more sensible board cuts. This is true not only for domestic f programs, but also for foreign assistance, regulation. which represents less than one percent of the HONORING BARRY RUTENBERG I commend the efforts of Barry Rutenberg federal budget and is one of the most cost-ef- and NAHB to ensure that housing remains ac- fective ways of protecting our interests across HON. CLIFF STEARNS cessible and affordable to America’s families and an important national priority. the globe. Today, more than ever, our health, OF FLORIDA f security, and prosperity depend on a world in IN THE HOUSE OF REPRESENTATIVES which basic human needs are met, funda- Wednesday, December 19, 2012 HARRIS COUNTY VETERAN’S mental rights and freedoms are respected, COURT PROGRAM conflicts are resolved peacefully, and the Mr. STEARNS. Mr. Speaker, I would like to world’s resources are used wisely. take a moment to recognize one of my con- stituents, Barry Rutenberg, from Gainesville, HON. TED POE In this regard, I commend to my colleagues OF TEXAS Fla. Barry is the 2012 chairman of the Na- an excellent op-ed by Sharon Waxman, vice- IN THE HOUSE OF REPRESENTATIVES president of the International Rescue Com- tional Association of Home Builders (NAHB) mittee. Her article in The Hill, ‘‘Don’t Let For- and has been deeply involved in helping hous- Wednesday, December 19, 2012 eign Aid Fall off the Fiscal Cliff,’’ outlines the ing—and his fellow builders—get back on Mr. POE of Texas. Mr. Speaker, since the importance of foreign aid in saving lives and course. United States of America entered the War on easing suffering for millions around the world. After suffering the worst housing downturn Terror, many things have changed with what f since the Great Depression, Barry’s steady our troops encounter overseas. Our soldiers leadership at NAHB during the past year has are not only fighting a war where guerrilla tac- RECOGNIZING THE CHAMPIONSHIP paid great dividends as he has presided over tics, suicide bombings, and targeted killings SEASON OF THE WYOMISSING a solid recovery for the industry. Housing are used, but they are fighting over values and SPARTANS HIGH SCHOOL FOOT- starts and single-family sales are projected to morals versus territory. This war has not been BALL TEAM jump 20 percent for the year, and the number in one specific country, but takes place wher- of improving housing markets has soared from ever our enemies are attacking or hiding. HON. JIM GERLACH just 12 in September of 2011 to more than A lot has changed in this modern day war, OF PENNSYLVANIA 200 in December of 2012. Meanwhile, home but thankfully a lot has changed with how we IN THE HOUSE OF REPRESENTATIVES prices have stabilized across much of the Na- help our troops when they return home. 2.4 tion, helping to put more workers on the job million Americans have fought in Iraq or Af- Wednesday, December 19, 2012 and making housing a net contributor to eco- ghanistan and the Department of Veterans Af- Mr. GERLACH. Mr. Speaker, I rise today to nomic growth. fairs have diagnosed roughly 200,000 of those congratulate the players, coaches and staff of As chairman of NAHB, Barry has provided a Americans with post-traumatic stress disorder the Wyomissing Spartans High School football laser-like focus to help get housing back on with many more that have gone undiagnosed. team of Berks County, Pennsylvania on their track by working with lawmakers on both sides Many of these men have come home and are undefeated season and on capturing the PIAA of the aisle to get pro-housing bills introduced still fighting internal demons from these per- District III AA State Championship. and passed. NAHB played a pivotal role in re- ilous places that they have returned from.

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K19DE8.011 E19DEPT1 smartinez on DSK6TPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1971 Thankfully, Harris County Texas District velop innovative solutions often requiring col- Teresa Vanzant is also a role model for Judge, Marc Carter, an Army veteran himself laboration across many levels of government. women in public service in our rural commu- noticed that many of the defendants coming Lieutenant Commander Weiler’s work ethic, nities. In addition to her role as Circuit Court through the Harris County courts were vet- duty to mission, and commitment to servant Clerk, she has volunteered for the Kentucky erans who had recently come home from fight- leadership is without equal. I believe that his Women’s Missionary Union, the Mt. Vernon ing oversees. Judge Carter is judge of the personal drive to achieve excellence in his Elementary Family Resource Center Council, 228th Criminal District Court of Texas. He re- work has and will set a very high standard for President of Kiwanis Rockcastle, the Edu- placed me after I served as judge in that court his peers. cation Chair of Kentucky’s Circuit Court for 22 years. I would also like to thank Lieutenant Com- Clerk’s Association, Secretary of the Trust for Judge Carter and other members of the mander Weiler for the service and sacrifice he Life, and a board member of the anti-drug Harris County community recognized this has made, and continues to make, for our Na- Rockcastle County UNITE Coalition. Teresa problem in 2009 and took the initiative to cre- tion and our great Navy. His keen sense of works diligently, to not only serve her county, ate the first veteran’s court in the state of honor, impeccable integrity, boundless work but to be a voice for opportunity and vision for Texas. The Harris County Veteran’s Court ethic, and loyal devotion to duty earned him generations to follow. Program specifically works with first time mis- the respect and admiration of my staff and the Mr. Speaker, I ask my colleagues to join me demeanors and felonies. If veterans choose to First District of Virginia. After spending eight of in honoring a leader and dear friend of south- go through the program instead of going to the last eleven years stationed in Hawaii, ern and eastern Kentucky, Teresa Vanzant, on prison, it requires two years of probation and which included multiple patrols in the Western her retirement. My wife, Cynthia and I wish treatment. Pacific and a 12-month deployment to Ger- Teresa and her family all the best in the years The reason why the Veteran’s Court Pro- many, Lieutenant Commander Weiler is head- to come. ed to the England as the only U.S. Navy sub- gram is so successful is because it addresses f the root of the problem, which is PTSD and marine officer to participate in the Royal Navy drug abuse. Many of these veterans are still Submarine Command Course in Portsmouth, OUR UNCONSCIONABLE NATIONAL mentally oversees fighting for ours and their England in 2013. Following this distinguished DEBT lives and these programs give them the help opportunity to train with the British Royal they need to readjust back into society. Since Navy, Lieutenant Commander Weiler will em- HON. MIKE COFFMAN bark on his journey to become an Executive 2008 veteran’s treatment courts have been OF COLORADO Officer of a United States Navy submarine and created in 27 States. IN THE HOUSE OF REPRESENTATIVES These men have been to the darkest places attend the Submarine Command Course. After Wednesday, December 19, 2012 on earth to protect the American people and this intense course of instruction Lieutenant although there is a lot we owe our veterans, Commander Weiler will return to sea and to Mr. COFFMAN of Colorado. Mr. Speaker, most importantly, we owe them a second leading Sailors as he goes back into harm’s on January 20, 2009, the day President chance. way to execute his trade as submariner in the Obama took office, the national debt was And that’s just the way it is. ‘‘silent service’’ of this great Nation. I have no $10,626,877,048,913.08. doubt that Lieutenant Commander Weiler will f Today, it is $16,359,758,742,907.76. We’ve continue to serve the United States Navy hon- added $5,132,881,693,994.68 to our debt in RECOGNIZING LIEUTENANT orably and with distinction. nearly 4 years. This is a $5 trillion in debt our COMMANDER TOM G. WEILER I wish him the best of luck as he continues Nation, our economy, and our children could his Naval career. It was an honor and a pleas- have avoided with a balanced budget amend- HON. ROBERT J. WITTMAN ure having him serve on my staff. We all can ment. sleep soundly at night knowing that men and OF VIRGINIA f women like Lieutenant Commander Tom IN THE HOUSE OF REPRESENTATIVES Weiler are members of our all-volunteer force TRIBUTE TO ADOLFO JESUS Wednesday, December 19, 2012 and they stand ready to defend our country VALADEZ Mr. WITTMAN. Mr Speaker, I rise today to and take the fight to our enemies; far away recognize those men and women who have from their families and the comforts of the HON. CHARLES A. GONZALEZ served this great Nation with honor, men such United States of America. OF TEXAS Lieutenant Commander Weiler, thank you. as Lieutenant Commander Tom G. Weiler, IN THE HOUSE OF REPRESENTATIVES United States Navy. Best of luck to you and God bless you, your For the past year, Lieutenant Commander family, and all the Sailors you are charged Wednesday, December 19, 2012 Weiler, a proud submariner and graduate of with leading. Fair winds and following seas Mr. GONZALEZ. Mr. Speaker, I ask my col- the University of Notre Dame, served on my . . . and GO IRISH! leagues to join me in recognizing the 80th staff as a Congressional Defense Fellow. Dur- f birthday of Adolfo Jesus Valadez. ing his assignment, he served as a senior TRIBUTE TO TERESA VANZANT Adolfo Jesus Valadez, the son of Mexican member of my staff responsible for defense, immigrants who came to the United States veterans, foreign affairs and intelligence mat- fleeing the Mexican Revolution, was born and ters. Lieutenant Commander Weiler executed HON. HAROLD ROGERS raised in San Antonio, Texas. Adolfo attended OF KENTUCKY his work as a liaison to the constituents of the local public elementary schools and in 1949, IN THE HOUSE OF REPRESENTATIVES First District and the numerous defense instal- graduated from Central Catholic High School. lations in the First District with distinction. Fur- Wednesday, December 19, 2012 He enrolled in the University of Texas at Aus- thermore, he provided exceptional support to Mr. ROGERS of Kentucky. Mr. Speaker, I tin to study business administration and phar- me as my staff liaison to the House Armed rise today to pay tribute to Teresa Vanzant, in macy studies. However, his studies were inter- Services Committee in my role as a Sub- honor of her retirement after dedicating 31 rupted when he was called to serve his coun- committee Chairman and as the Co-Chair of years of public service to Kentucky’s try as part of the post WWII occupation forces. the Congressional Shipbuilding Caucus. Rockcastle County Circuit Court Clerk’s Office. Adolfo served as an Army Corp medic in Ger- Lieutenant Commander Weiler directly con- Teresa’s passion and commitment to public many, where he provided health care services tributed to my goal of providing excellent con- service was inspired by her father and my to American troops and learned to speak Ger- stituent service to the people of the First Dis- dear friend, the late Denver Miller, who also man fluently. trict. He was responsible for bringing numer- served as Circuit Court Clerk in Rockcastle When Adolfo returned to the U.S., he com- ous constituent inquiries to a successful con- County for three terms. Denver instilled in his pleted his studies at the University of Texas at clusion and he was able to leverage his per- family, the value of being an engaged citizen Austin and received a Bachelor’s degree in sonal and operational experience to respond and giving back to the community. Denver’s Pharmacy, one of the few Mexican-Americans to the most challenging inquiries. service as Clerk and Administrative Assistant at that time to receive an undergraduate de- In addition to his efforts on behalf of the to the Administrative Office of the Court also gree. Adolfo moved back to San Antonio and First District, Lieutenant Commander Weiler influenced his son, James Miller who serves worked as a registered pharmacist serving the took on projects with regional, state and na- as Rockcastle County’s Jailer. The tireless city’s poor in various settings, including the tional implications, demonstrating his ability to dedication of this entire family will be a legacy Stella Mares Clinic on the west side of the view a challenge from many angles and de- long admired in our region. city. Eventually, he opened his own small

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.007 E19DEPT1 smartinez on DSK6TPTVN1PROD with E1972 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2012 business—Lydia’s Prescription Pharmacy—an Assembly Select Committees on the Preserva- his birthday. That spoke volumes of Joe’s loy- independent pharmacy on San Antonio’s south tion of California’s Entertainment Industry, alty and the value he placed on friendship. side. Adolfo provided high quality pharmacy Foster Care, and Community Colleges. As- Joe’s older sister, Katy, spoke on behalf of services to the area residents while also men- semblyman Portantino has been recognized the ‘‘McNulty Women.’’ She reminisced about toring many Mexican-American youth to pur- by his community for his extraordinary efforts how she and ‘‘Joey’’ would play for hours on sue higher education in the health professions. on behalf of the Gold Line and for his exem- end as toddlers and that Joe was always a For over 30 years, Lydia’s Pharmacy served plary service as a state legislator. good sport about playing the things that his the residents of the south side of San Antonio As a strong advocate for transparency and older sister always wanted. She also talked until Adolfo’s retirement During those years, accountability in state finances, and a cham- about how ‘‘Joey’’ cared about his sisters and Adolfo together with his wife Lydia, raised their pion of health care issues, Assemblyman always looked out for them. family and served their community. In 1986, Portantino will be missed in the Assembly and His father, whom I have known since his the family suffered the tragic loss of the by his constituents, but I know he will continue days when he served on the House Judiciary youngest child, Rebecca Christina, ‘‘Becky’’. to represent the needs of his community in Committee, described how Joe always put Despite this incredible loss, Adolfo and his any endeavor he chooses to pursue hereafter. others first, even in his darkest hours. He em- family, with the love and support of family and I join my colleagues in thanking him for his phasized how much Joe would want to thank friends, worked through their grief and contin- service and wish the Assemblyman, his wife everyone for all they have done for him ued to thrive. Adolfo and Lydia will celebrate Ellen, and their children Sofia and Isabella, the through the years and for coming to his me- their 49th wedding anniversary on January 26, best in this new chapter of their lives. morial service. He told a story about how as 2013 and their remaining four children have f Joe was once being wheeled into an operating led successful careers in law, health care, and room he asked the nurses to stop so he could public health. In addition to running a business REMEMBERING JOE MCNULTY thank them and the doctors for all they were and raising a family, Adolfo earned a second doing for him. One of the nurses said no one degree in business administration; found time HON. FRANK R. WOLF had ever done that before. That was Joe. Al- to serve as a board member of the St. Peter’s/ OF VIRGINIA ways putting others first. St. Joseph’s Children’s Home; became a IN THE HOUSE OF REPRESENTATIVES Paul also stressed Joe’s unwavering in his member of the Our Lady of Grace Knights of Wednesday, December 19, 2012 courage, especially as he received one piece Columbus; and traveled with friends and fam- of bad news after another yet always helped ily within the U.S., Europe, and Mexico. He is Mr. WOLF. Mr. Speaker, I come to the floor his family and friends get through all it. Paul a longtime Spurs fan and enjoyed their first of today to remember a former member of my said Joe referred to his courageous reaction to four championships like most San Antonians staff who lost his battle with cancer two weeks news about spreading cancer as ‘‘a leadership did, by riding through downtown in an im- ago today. moment.’’ promptu celebration! He is also a devoted Joe McNulty was my deputy press secretary His family has carried on Joe’s spirit, send- grandfather to his seven grandchildren. and director of online communications. He ing out this message a few days after the Again, please join me in recognizing a true worked for me from the summer of 2009 until service: ‘‘On behalf of all the McNulty’s, I [his community leader in San Antonio on his 80th this July, when he left to go to law school at mother, Brenda] just wanted to say THANK birthday, Adolfo Jesus Valadez. the University of South Carolina. Joe was an YOU SO VERY MUCH for all of your selfless- f important member of my staff and will be ness over the weekend as you prepared, and missed dearly. on Monday for Joe’s service. It was above and HONORING THE SERVICE OF CALI- Joe was an amazing individual and certainly beyond anything we could ever hope for or FORNIA ASSEMBLYMAN AN- left his mark on this world, as evidenced by imagine and we are so very grateful. . . . THONY J. PORTANTINO the number of people who attended his me- Every word spoken and every song sung min- morial service at Immanuel Bible Church in istered to us and to everyone there. So many HON. ADAM B. SCHIFF Springfield, Virginia on December 10. Aside people have been telling us that they appre- OF CALIFORNIA from family, friends and co-workers, class- ciated the scriptures, were moved by the IN THE HOUSE OF REPRESENTATIVES mates from high school and college were in whole tone of the service, and gained a new attendance as were friends and neighbors of Wednesday, December 19, 2012 appreciation for Joe and all he was about. We his parents, Paul and Brenda, and three sis- truly appreciate all you did to participate in the Mr. SCHIFF. Mr. Speaker, I rise today to ters, Katy, Anni and Corrie. service and wish we could give you all a huge honor Anthony Portantino for his six years of People came from as far away as Spain for collective hug but mere words will have to do.’’ service in the California State Assembly. A the service. There were friends from the I was honored to speak at Joe’s service on graduate of Albright College in Reading, Penn- church he attended and members of his col- December 10. Below are my remarks: sylvania, Assemblyman Portantino started out lege club soccer team. His principal from Rob- I am speaking today on behalf of my entire with a successful career in the entertainment inson high school came, as did the school’s staff, who worked with Joe and loved Joe. industry. He produced and co-wrote a mul- choral director. The current U.S. Attorney for We extend our condolences to Brenda and titude of film and TV productions, including the Eastern District of Virginia was at the serv- Paul and the rest of Joe’s family. independent historical films highlighting racial ice (Joe’s father was the U.S. Attorney for the Joe started in the Wolf office as an intern issues in American history. Eastern District of Virginia from 2001–2006) but left as a vital part of our staff. He always Mr. Portantino was then elected to the La as were several other assistant U.S. attorneys wanted to be a prosecutor like his father. That drove him. Can˜ada Flintridge City Council in 1999 with from the office and a number of U.S. Mar- I know my staff would have liked him to over 70 percent of the vote. As a member of shals. have abandoned those plans for our own self- the City Council/School District Joint Use Joe’s passing also made Politico’s Play- ish reasons because of the talents he brought Committee, he played a pivotal role in pro- book, something everyone on Capitol Hill to the office. He always pushed us to find curing funding and services for local public reads every day and Joe devoured every new and more creative ways to reach con- schools. Mr. Portantino continued to serve as morning. stituents. He was a trend setter on Capitol a member of the Council for nearly eight years The service for Joe was deeply moving. The Hill for communicating online. Other offices and served two terms as its Mayor in 2001 pastor of his church in Fairfax spoke at the would regularly reach out to him asking for advice. He also was active in the Republican and in 2005. He resigned in 2006 upon his service, as did the pastor of the church he Communications Association, serving as its election to the California State Assembly. started attending in South Carolina, where he treasurer and reinvigorating the organiza- During his years in the California legislature, was attending law school. Both talked about tion with great speakers and social events. Assemblyman Portantino served the 44th Dis- Joe’s strong faith in the Lord. Joe brought an incredible work ethic to trict with great distinction, championing tough- Joe’s best friend, Steve Brewer, talked the office. No job was too menial; no task in- er regulations on firearms and successfully about how they met as freshmen in high surmountable. He also had an unbelievable passing 38 bills into law. school and said Joe was the best friend any- reservoir of energy. There were nights that He presided as Chair of the Assembly’s one could ask for. He told a story about how he would play sports until the wee hours of the morning but be at his desk first thing in Committee on Higher Education and was a on a recent birthday the Washington area was the morning ready to conquer the world. member of the Transportation, Government paralyzed by a massive snowstorm, yet Joe He never really stopped working. My staff Organization and Public Safety Standing Com- managed to dig out his car and drive across got an e-mail from him just the other day mittees. He also served as a member of the town so his best friend wouldn’t be alone on making sure we had seen an article on an

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.011 E19DEPT1 smartinez on DSK6TPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1973 issue the office has put a lot of time and ef- blows over and it is gone and its place re- throughout the Balkans. Following the events fort into. members no more.’’ of Septemeber 11, 2001, Colonel Waltemeyer Everyone who knew Joe well knew that he It’s apparent even as the cancer attacked led the United States European Command’s could be stubborn at times—stubborn in a his body, that Joe’s soul was strengthened by way you don’t often find in his generation; his faith in Jesus, a faith which only grew in first war on terrorism mission through the the kind of stubbornness that stems from the face of circumstance that would dictate Georgian Train and Equip Mission. In 2003 deep integrity and a willingness to fight for otherwise. In an e-mail to a staff member be- Colonel Waltemeyer conducted unconven- what he believed was right. fore leaving last summer he wrote: tional warfare operations in Northern Iraq, em- It was this same quality that drove him to ‘‘There is no way I could have gotten ploying Kurdish, Christian and Arab militias to keep working even during the toughest hours through my bout with cancer had I not had create a northern front in advance of Oper- of his fight against cancer. Even on the most a foundation in Christ. Reading my Bible ation Iraqi Freedom. From 2003–2005, he challenging days, Joe would come in to the was the one thing that gave me hope and en- served on the Joint Staff before taking com- office ready to work, and work hard. We couragement when I was in pain and sick.’’ practically had to order him home to rest up. We grieve Joe’s passing but we celebrate mand of United States Army Garrison Japan Joe had an uncommon drive and commit- his life and know he has entered eternal life from 2006–2009. Upon leaving Japan Colonel ment to public service. with his savior and Lord. Our goal should be Waltemeyer served as the Director of Inter- Joe had an infectious smile and a great to live a life of faith so that we can one day national Security Assistance Forces (ISAF) personality. Everyone loved being with him join Joe in the House of our Heavenly Fa- Regional Command South’s Joint Border Co- and he was always setting up office outings ther. ordination Center in Spin Boldak, Afghanistan, for the staff. In small Hill offices, where ev- f where he led a combined staff comprised of eryone attended different schools, there are United States, Afghan, and Pakistani military friendly rivalries, particularly among Vir- PERSONAL EXPLANATION ginia schools. and security personnel. Joe was part of the JMU mafia in the of- Throughout his thirty years of service to the fice, which at one point outnumbered all the HON. STEVE COHEN nation, Colonel Waltemeyer has earned nu- staff from other Virginia schools and they OF TENNESSEE merous awards and decorations to include: never let anyone forget that, especially that IN THE HOUSE OF REPRESENTATIVES Combat Infantryman’s Badge, Expert Infantry- JMU once beat Virginia Tech in football. Joe Wednesday, December 19, 2012 man’s Badge, Special Forces and Ranger was proud to be a JMU Duke and volunteered Tabs, Master Parachutists Wings, the Meri- with the JMU Alumni Association and the Mr. COHEN. Mr. Speaker, on December 17, torious Service Medal and the Legion of Merit. JMU Politicos, the school’s Capitol Hill net- 2012, I was attending to a sick friend and working group. I am proud to share in the celebration of Joe loved to eat, and for a little guy he comforting his family and was unable to vote Colonel Waltemeyers’ military career. I would could eat. He holds the office record for eat- on rollcall vote 628. also like to congratulate his wife, Ramona, ing six giant glazed donuts in one day. One of If present, I would have voted ‘‘yea’’ on S. and his two children, Carrie and Sam, whose his going away presents was donuts. 3193. love and support has aided and strengthened Joe also valued public service, which led f Colonel Waltemeyer as he has served our him to take the next step in his career: law great nation. I wish him all the best in his re- school. Although we missed him after he left PERSONAL EXPLANATION our office this summer, we were so proud of tirement. him for getting into University of South f Carolina. He pursued his dream of law HON. RUSH D. HOLT school, daring to envision a future even when OF NEW JERSEY HONORING THE LIFE AND SERVICE OF DOYLE EDWARD CONNER, SR. so much was uncertain about the present. IN THE HOUSE OF REPRESENTATIVES I want to read from parts of an email Joe sent to the staff on his last day in the office Wednesday, December 19, 2012 HON. JEFF MILLER this summer: Mr. HOLT. Mr. Speaker, I did not return to OF FLORIDA ‘‘I just wanted to say thank you to all of Washington in time on Monday December 17, you one more time. It has truly been an IN THE HOUSE OF REPRESENTATIVES 2012 and missed two votes. honor and privilege to work with all of you. Wednesday, December 19, 2012 I have learned so much working with all of Had I been present I would have voted you over the past three years and each of ‘‘yes’’ on H.R. 4606—To authorize the Mr. MILLER of Florida. Mr. Speaker, I rise you have encouraged me and taught me les- issuance of right-of-way permits for natural today to recognize the life and service of sons that I will never forget. I think it is im- gas pipelines in Glacier National Park, and for Doyle Edward Conner, Sr. Throughout his portant for all of us to remember how other purposes (rollcall 627), ‘‘yes’’ on S. long and distinguished career in politics, Doyle blessed we are to have the opportunity to 3193—To make technical corrections to the Connor served the people of Florida for 40 serve our country. I know it’s hard to re- legal description of certain land to be held in years in both the Florida House of Represent- member that on a daily basis but that is atives and as the Commissioner of Agriculture. truly what you are doing when you work for trust for the Barona Band of Mission Indians, a member of Congress. You are serving the and for other purposes (rollcall 628). Commissioner Conner served as a mentor people of your community and you ARE f and an inspiration to countless individuals making a huge difference. throughout the state. All of Florida mourns the ‘‘. . . My time on Capitol Hill has also RECOGNIZING COLONEL ROBERT loss of a great man and unparalleled public taught me that many people are really cyn- M. WALTEMEYER servant. ical and believe that all politicians are cor- Commissioner Conner was a fourth-genera- rupt. ‘‘It’s easy to reach a point where you HON. CHRISTOPHER P. GIBSON tion farmer who grew up learning the value of think that it’s too hard to enact real change hard work on his family’s farm in Starke, Flor- or get the big things done. But this is a men- OF NEW YORK tality I think we should try to suppress. If IN THE HOUSE OF REPRESENTATIVES ida where he helped raise cattle, grow straw- berries and cut timber. Commissioner Conner you believe in something and you want to Wednesday, December 19, 2012 enact change, then get in there and fight for was a born leader, and he was active in his what you believe in. That’s what public serv- Mr. GIBSON. Mr. Speaker, I rise today to community from a very young age. He partici- ice is all about. If you think you have good recognize Colonel Robert M. Waltemeyer of pated in his local 4–H club and eventually be- ideas that can help people, don’t be afraid to the Joint Improvised Explosive Device Defeat came president of the Alachua County branch fight for them. Don’t let the weekly scandal Organization (JIEDDO), who will retire from of 4–H. In 1947, he graduated from high or negative news story discourage you from the United States Army on January 11, 2013 school and enrolled at the University of Florida trying to help people or make a difference in your country.’’ after thirty years of distinguished service. where he became involved in the Future Joe wanted to make a difference. And he Colonel Waltemeyer was commissioned as Farmers of America (FFA), serving as the did. But it was a life cut painfully short. Joe an Infantry Officer in 1983. In 1987 he entered president of FFA at both the state and national was a man of faith and scripture tells us Special Forces (SF) and commanded his first levels. In Ecclesiates 7:2 SF detachment in Bad Toelz, Germany, where In 1950, while still a 21-year-old student at ‘‘For death is the destiny of every man the he implemented and supported operations the University of Florida, Commissioner living should take this to heart.’’ We here today should take it to heart. throughout Southwest Asia, Western and Conner was elected to the Florida House of In Psalm 103:15, King David said: Eastern Europe, and Africa. From 1997–2003 Representatives. Despite his youth, he quickly ‘‘As for man, his days are like grass. He he commanded the 2nd Battalion 10th Special established himself as a serious and com- flourishes like a flower of the field, the wind Forces Group where he conducted operations mitted statesman who was respected by his

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.013 E19DEPT1 smartinez on DSK6TPTVN1PROD with E1974 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 2012 colleagues on both sides of the aisle. Due to PERSONAL EXPLANATION opening up a handmade Christmas card from his assiduous work ethic and natural leader- some kid in the United States. At that mo- ship, Commissioner Conner quickly rose HON. STEVE COHEN ment, the darkness of war seems to disappear through the ranks of the Florida House of OF TENNESSEE because of the brightness of a child. Representatives. In 1957, at the age of only No matter what is going on in the rest of the IN THE HOUSE OF REPRESENTATIVES 28, Commissioner Conner was elected as the world, the Christmas spirit of good will and Speaker of the Florida House of Representa- Wednesday, December 19, 2012 generosity is alive and well in America. Ran- tives, becoming the youngest Speaker in the Mr. COHEN. Mr. Speaker, on December 17, dom acts of kindness are seen throughout the state’s history—a record that still stands today. 2012, I was attending to a sick friend and nation whether it is a handmade holiday card, While serving as Speaker, he helped craft leg- comforting his family and was unable to vote a charitable donation to a stranger to ensure islation to promote and advance Florida’s agri- on rollcall vote 627. that families get to eat a Christmas dinner or cultural industry, including the landmark Green If present, I would have voted ‘‘yea’’ on H.R. a toy drive for children who may not otherwise Belt Law. He also worked to establish first- 4606. get to experience the joy of giving and receiv- class agricultural labs to help eradicate numer- f ing. Christmas really does bring out the best ous diseases and predators and pave the way in America. for the further development of the Florida agri- IT’S THE MOST WONDERFUL TIME So next week pause. Eat Grandma’s cook- cultural industry. OF THE YEAR ies, sing Christmas carols, open presents and In 1960, after serving 10 years in the Florida enjoy your loved ones. Think of those who House of Representatives, Commissioner HON. TED POE have an empty seat at the table this year be- Conner was elected as the Florida Commis- OF TEXAS cause their husband, wife, son, daughter, sioner of Agriculture, a position that he held IN THE HOUSE OF REPRESENTATIVES mother or father is serving our country in until his retirement in 1991. Commissioner Wednesday, December 19, 2012 lands far far away. And don’t forget the reason Conner brought his vast experience as both a for the season, the birth of Jesus that oc- farmer and a legislator to his new role and Mr. POE of Texas. Mr. Speaker, it’s the curred over 2,000 years ago. Wish your neigh- helped expand Florida’s output from $900 mil- most wonderful time of the year. Next week, bor a Merry Christmas, and be thankful that lion in 1960 to more than $6 billion at the time Americans throughout the fruited plain will you live in a nation where you can. of his departure in 1991. Commissioner come together and pause from the bustle of And that’s just the way it is. Conner was a tireless worker, who traveled their everyday lives to celebrate Christmas f around the world to promote Florida agri- with the ones they love. To Christians, Christ- culture and open new markets for Florida’s mas is the day to honor the birth of Jesus. IN TRIBUTE TO THOMAS AND farmers. He also expanded on his earlier leg- The word ‘‘Christmas’’ actually comes from the ESTHER WACHTELL islative efforts to combat diseases, and under words ‘‘Cristes Maesse,’’ which literally trans- his leadership, Florida established a method lates to Christ’s Mass. The word ‘‘holiday’’ de- HON. ELTON GALLEGLY for detecting the Mediterranean fruit fly which rives its meaning from the words ‘‘Holy Day’’. OF CALIFORNIA became the worldwide standard. It also means Grandma’s apple pie, Christmas IN THE HOUSE OF REPRESENTATIVES His excellence and leadership in Florida carols, wreaths, cookies, Santa, presents, or- Wednesday, December 19, 2012 was recognized nationally, and he was even nate Christmas trees and other rich traditions Mr. GALLEGLY. Mr. Speaker, I rise in trib- asked by President Kennedy to move to that symbolize December 25th. Washington to lead the U.S. Department of ute to my good friends, Thomas and Esther In the midst of the holiday cheer, we should Wachtell, patriots, entrepreneurs, philan- Agriculture. After thanking the President for his never forget that some families will have an offer, Commissioner Conner respectfully in- thropists, and community volunteers. empty chair at their Christmas dinner this Tom and Esther own and operate Oak Knoll formed him that he wanted to keep his family year. For some homes, the empty chair rep- in Florida and continue serving the state he so Ranch in Ojai, California. They produce and resents a loved one who is serving overseas. ship apples from their 10-acre orchard but deeply loved. For his service to the agricultural For others, the chair is a somber reminder of industry, he was presented with numerous more importantly, the ranch is their base for the warrior who served but never returned. As their many other efforts. awards and recognitions. He was inducted into you celebrate the season within the warmth of the Florida Agricultural Hall of Fame, Florida Tom and Esther both have had storied ca- your home, think of the families without a full reers. Tom was a Navy lieutenant commander Citrus Hall of Fame, the Florida 4–H Hall of house and the sacrifices they make not just at Fame, and the Florida FAA Hall of Fame. in the Office of Naval Intelligence, executive Christmas time but the other 364 days of the Commissioner Conner also had an unwav- vice-president of Occidental Petroleum Cor- year as well. These families bear the burdens ering commitment to educating young people poration in Los Angeles, president of Merrit to help advance Florida’s agricultural sector. of war, and these burdens weigh heaviest dur- Energy in Los Angeles, an investor/consultant He maintained a life-long relationship with his ing this time of year. for Gulf Exploration in Covington, Louisiana, alma mater, serving as the president of the War at Christmas is not new, and this year and, with Esther, co-proprietor of Eve’s Apples University of Florida National Alumni Associa- will be no exception for those who are still on in Ojai. tion, and in 1972, he received the Distin- call serving America. But there is a special Esther is president of The Wachtell Group, guished Alumni Award. Today, the University way to connect with our troops throughout the a fundraising consulting company specializing of Florida maintains a scholarship in Commis- world. Each year in Southeast Texas, children in large capital campaigns. In addition, she sioner Conner’s name, which is awarded to and businesses in the community come to- was executive vice-president and president of students throughout Florida who display lead- gether and volunteer to make handmade The Music Center of Los Angeles, an investor ership in FFA and 4–H. cards for our troops who won’t be home for with her husband in Gulf Exploration, and co- Commissioner Conner served as a mentor Christmas. It began when my office gathered proprietor of Eve’s Apples. to numerous individuals throughout his career. dozens of cards for me to bring in my suitcase The lists of their community involvements My wife Vicki and I both had the distinct privi- to visit NATO troops overseas. Then we are even longer. Tom’s list includes founder/ lege and honor of working for and learning teamed up with Operation Interdependence president of the Los Angeles Opera, director from Commissioner Conner. His leadership and the Red Cross to collect 6,000 cards. And of the Performing Arts Council of The Music and commitment to Florida helped inspire me every year since it has grown. This year a Center of Los Angeles, director of the World and numerous others to pursue public service. record-shattering 69,000 handmade cards Trade Center in Los Angeles, director of the His contribution to the state of Florida and our from the community are on their way over- Good Hope Foundation in Los Angeles, a Re- nation cannot be overstated, and his legacy seas. The cards come from all walks of life in publican Eagle, and a member of the Romney will continue to inspire Floridians for genera- the community from the third grader to the Finance Committee. tions to come. local business employee. Each card is dif- Esther’s list includes founder/chair of the Mr. Speaker, on behalf of the United States ferent but their message is the same: Thank Center on Philanthropy and Public Policy at Congress I am honored to recognize the life you. Texans are especially grateful during this USC, trustee for Children’s Hospital in Los An- and service of a great man, Commissioner time of year for that soldier, that warrior, that geles, director of the Museum of Ventura Doyle Conner. His contribution to Florida will sailor, that airman who can’t be with their fam- County in Ventura, California, president of the never be forgotten. Vicki and I extend our ilies because they’re representing the United Ojai Music Festival in Ojai; director of the most heartfelt condolences to the entire States in lands far, far away. There is some- Libbey Bowl Foundation in Ojai, and director Conner family. thing about a warrior from the United States for Ojai Community Bank.

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A19DE8.017 E19DEPT1 smartinez on DSK6TPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1975 Beneficiaries of their large philanthropic Dr. Hewett’s lifelong dedication for assisting ple very close to my heart. She made them grants include Children’s Hospital, Choate California’s most vulnerable citizens began feel comfortable and at ease, and I will always School, the Ronald Reagan Presidential Foun- when she earned her nursing degree in 1968 be grateful for the expertise and kindness that dation and Library, the Music Center Opera, from the Westminster Hospital in London, she provided to them. the Music Center of Los Angeles County, and where she specialized in maternal and child Mr. Speaker, I ask my colleagues to join me the Republican Party. health. In 1990, she received her doctorate in in recognizing Dr. Linda J. Hewett for her In addition, Esther served as development Clinical Psychology from Pepperdine Univer- service, compassion, and devotion to bettering chair for the Museum of Ventura County, rais- sity. the lives of others. We thank Dr. Hewett today ing $7.5 million for the museum, and for Chil- Dr. Hewett’s passion for ensuring that peo- for her outstanding contributions to the San dren’s Hospital, raising more than $1 billion, a ple of all ages live a quality life led her to spe- Joaquin Valley and to the State of California. record for the hospital. She also helped raise cialize in neuropsychology. After finishing her pre-doctorate work at Rancho Los Amigos $4 million to rebuild the Libbey Bowl as presi- f dent of the Ojai Music Festival. Hospital and post doctorate at UCSF, Fresno Both list their greatest accomplishment as AMC, she became the co-director of AMC in SENATE COMMITTEE MEETINGS raising three happy and successful children 1994. Dr. Hewett began as the Assistant Clin- who are married to three wonderful spouses ical Professor for the departments of Neu- Title IV of Senate Resolution 4, and who have given them 12 fantastic grand- rology, Family & Community Medicine, UCSF agreed to by the Senate on February 4, children. Medical School, Fresno Medical Education 1977, calls for establishment of a sys- Mr. Speaker, I know my colleagues join my Program, and will retire as an Associate Pro- tem for a computerized schedule of all wife, Janice, and me in paying tribute to our fessor for UCSF. In addition, Dr. Hewett has meetings and hearings of Senate com- close friends Tom and Esther Wachtell, for worked as the Senior Neuropsychologist at mittees, subcommittees, joint commit- their patriotism, entrepreneurship, and philan- AMC since 2004, and from 2001–2003, she tees, and committees of conference. thropy, which has made our nation stronger was the Director of the Gerontology Program This title requires all such committees politically and economically and made our at California State University, Fresno. to notify the Office of the Senate Daily world a better place to live. Dr. Hewett has served in many capacities Digest—designated by the Rules Com- over the past few decades. Because of her ef- f mittee—of the time, place, and purpose forts to educate and spread awareness about of the meetings, when scheduled, and HONORING THE SERVICE OF DR. Alzheimer’s disease she has become a true any cancellations or changes in the LINDA J. HEWETT champion for our Central Valley. Dr. Hewett’s meetings as they occur. expertise is sought out from people all over HON. JIM COSTA the state and country. Due to her work with As an additional procedure along the California State Legislature, there are with the computerization of this infor- OF CALIFORNIA mation, the Office of the Senate Daily IN THE HOUSE OF REPRESENTATIVES more Alzheimer’s Research Centers that have provided invaluable resources for Alzheimer’s Digest will prepare this information for Wednesday, December 19, 2012 and dementia patients. printing in the Extensions of Remarks Mr. COSTA. Mr. Speaker, I rise today to Thousands of families have been fortunate section of the CONGRESSIONAL RECORD recognize Dr. Linda J. Hewett as she cele- to receive the benefits of Dr. Hewett’s care. on Monday and Wednesday of each brates her retirement as co-director of the Uni- Her overwhelming knowledge and compas- week. versity of California San Francisco (UCSF), sion is comforting to her patients and their Meetings scheduled for Thursday, De- Fresno Alzheimer’s and Memory Center families. I had the privilege to see Dr. Hewett’s cember 20, 2012 may be found in the (AMC). work firsthand as she personally treated peo- Daily Digest of today’s Report.

VerDate Mar 15 2010 05:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A19DE8.020 E19DEPT1 smartinez on DSK6TPTVN1PROD with Wednesday, December 19, 2012 Daily Digest Senate Merkley (for Murray) Amendment No. 3405, in Chamber Action the nature of a substitute. Page S8229 Routine Proceedings, pages S8155–S8234 Foreign and Economic Espionage Penalty En- Measures Introduced: Nine bills and two resolu- hancement Act: Senate passed H.R. 6029, to amend tions were introduced, as follows: S. 3690–3698, S. title 18, United States Code, to provide for increased Res. 625, and S. Con. Res. 65. Page S8203 penalties for foreign and economic espionage, after Measures Reported: agreeing to the following amendment proposed Special Report entitled ‘‘Alzheimer’s Disease and thereto: Page S8229 Dementia: A Comparison of International Ap- Merkley (for Kohl/Lee) Amendment No. 3406, in proaches’’. (S. Rept. No. 112–254) the nature of a substitute. Page S8229 Report to accompany S. 1980, to prevent, deter, Army First Sergeant David McNerney Post Of- and eliminate illegal, unreported, and unregulated fice Building: Committee on Homeland Security fishing through port State measures. (S. Rept. No. and Governmental Affairs was discharged from fur- 112–255) ther consideration of H.R. 3477, to designate the fa- Report to accompany S. 2388, to reauthorize and cility of the United States Postal Service located at amend the National Oceanic and Atmospheric Ad- 133 Hare Road in Crosby, Texas, as the Army First ministration Commissioned Officer Corps Act of Sergeant David McNerney Post Office Building, and 2002. (S. Rept. No. 112–256) the bill was then passed. Page S8230 S. 1910, to provide benefits to domestic partners of Federal employees, with an amendment in the na- Nicky ‘Nick’ Daniel Bacon Post Office: Com- ture of a substitute. (S. Rept. No. 112–257) mittee on Homeland Security and Governmental Af- S. 241, to expand whistleblower protections to fairs was discharged from further consideration of non-Federal employees whose disclosures involve H.R. 3870, to designate the facility of the United misuse of Federal funds, with an amendment in the States Postal Service located at 6083 Highway 36 nature of a substitute. West in Rose Bud, Arkansas, as the ‘‘Nicky ‘Nick’ S. 1100, to amend title 41, United States Code, Daniel Bacon Post Office’’, and the bill was then to prohibit inserting politics into the Federal acqui- passed. Page S8230 sition process by prohibiting the submission of polit- Brigadier General Nathaniel Woodhull Post Of- ical contribution information as a condition of re- fice Building: Committee on Homeland Security ceiving a Federal contract, with an amendment. and Governmental Affairs was discharged from fur- S. 2234, to prevent human trafficking in govern- ther consideration of H.R. 3912, to designate the fa- ment contracting, with amendments. Page S8203 cility of the United States Postal Service located at Measures Passed: 110 Mastic Road in Mastic Beach, New York, as the Improving Transparency of Education Opportu- ‘‘Brigadier General Nathaniel Woodhull Post Office nities for Veterans Act: Committee on Veterans’ Af- Building’’, and the bill was then passed. Page S8230 fairs was discharged from further consideration of Lance Cpl. Anthony A. DiLisio Clinton-Macomb H.R. 4057, to amend title 38, United States Code, Carrier Annex: Committee on Homeland Security to direct the Secretary of Veterans Affairs to develop and Governmental Affairs was discharged from fur- a comprehensive policy to improve outreach and ther consideration of H.R. 5738, to designate the fa- transparency to veterans and members of the Armed cility of the United States Postal Service located at Forces through the provision of information on insti- 15285 Samohin Drive in Macomb, Michigan, as the tutions of higher learning, and the bill was then ‘‘Lance Cpl. Anthony A. DiLisio Clinton-Macomb passed, after agreeing to the following amendment Carrier Annex’’, and the bill was then passed. proposed thereto: Page S8229 Page S8230 D1049

VerDate Mar 15 2010 23:44 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD12\RECFILES\D19DE2.REC D19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE D1050 CONGRESSIONAL RECORD — DAILY DIGEST December 19, 2012 Corporal Kyle Schneider Post Office Building: 100th Birthday of Rosa Parks: Committee on the Committee on Homeland Security and Governmental Judiciary was discharged from further consideration Affairs was discharged from further consideration of of S. Res. 618, observing the 100th birthday of civil H.R. 5837, to designate the facility of the United rights icon Rosa Parks and commemorating her leg- States Postal Service located at 26 East Genesee acy, and the resolution was then agreed to. Street in Baldwinsville, New York, as the ‘‘Corporal Pages S8232–33 Kyle Schneider Post Office Building’’, and the bill Opening of the United States Freedom Pavilion: was then passed. Page S8230 Senate agreed to S. Res. 625, recognizing the Janu- Sergeant Leslie H. Sabo, Jr. Post Office Build- ary 12, 2013, opening of the United States Freedom ing: Committee on Homeland Security and Govern- Pavilion: The Boeing Center at the National World mental Affairs was discharged from further consider- War II Museum in New Orleans, Louisiana, and ation of H.R. 5954, to designate the facility of the supporting plans for other educational pavilions and United States Postal Service located at 320 7th initiatives. Pages S8233–34 Street in Ellwood City, Pennsylvania, as the ‘‘Ser- geant Leslie H. Sabo, Jr. Post Office Building’’, and Measures Considered: the bill was then passed. Page S8230 Full-Year Continuing Appropriations Act— Captain Rhett W. Schiller Post Office: Com- Agreement: Senate continued consideration of H.R. mittee on Homeland Security and Governmental Af- 1, making appropriations for the Department of De- fairs was discharged from further consideration of S. fense and the other departments and agencies of the 3630, to designate the facility of the United States Government for the fiscal year ending September 30, Postal Service located at 218 North Milwaukee 2011, taking action on the following amendments Street in Waterford, Wisconsin, as the ‘‘Captain and motions proposed thereto: Rhett W. Schiller Post Office’’, and the bill was Pages S8164–65, S8169–96 then passed. Page S8230 Withdrawn: Leahy (for Inouye) Amendment No. 3338, in the Lieutenant Ryan Patrick Jones Post Office nature of a substitute. Page S8164 Building: Committee on Homeland Security and Governmental Affairs was discharged from further Pending: consideration of S. 3662, to designate the facility of Reid Amendment No. 3395, in the nature of a the United States Postal Service located at 6 Nichols substitute. Page S8195 Street in Westminster, Massachusetts, as the ‘‘Lieu- Reid Amendment No. 3396 (to Amendment No. tenant Ryan Patrick Jones Post Office Building’’, 3395), to change the enactment date. Page S8195 and the bill was then passed. Page S8230 Reid Amendment No. 3397 (to Amendment No. 3396), of a perfecting nature. Page S8195 Department of State Rewards Program Update Reid Amendment No. 3398 (to the language pro- and Technical Corrections Act: Senate passed S. posed to be stricken by Amendment No. 3395), to 2318, to authorize the Secretary of State to pay a re- change the enactment date. Page S8195 ward to combat transnational organized crime and for information concerning foreign nationals wanted Reid Amendment No. 3399 (to Amendment No. by international criminal tribunals, after agreeing to 3398), of a perfecting nature. Page S8195 the committee amendment in the nature of a sub- Reid motion to commit the bill to the Committee stitute. Pages S8230–31 on Appropriations, with instructions, Reid Amend- ment No. 3400, to change the enactment date. Page Dignified Burial of Veterans Act: Committee on S8195 Veterans’ Affairs was discharged from further consid- Reid Amendment No. 3401 (to (the instructions) eration of S. 3202, to amend title 38, United States Amendment No. 3400), of a perfecting nature. Page Code, to ensure that deceased veterans with no S8195 known next of kin can receive a dignified burial, and Reid Amendment No. 3402 (to Amendment No. the bill was then passed, after agreeing to the fol- 3401), of a perfecting nature. Page S8195 lowing amendment proposed thereto: Page S8231 A motion was entered to close further debate on Merkley (for Murray) Amendment No. 3407, in Reid Amendment No. 3395, and, in accordance with the nature of a substitute. Page S8231 the provisions of Rule XXII of the Standing Rules Improving Veterans Service Organizations Access of the Senate, a vote on cloture will occur on Friday, to Federal Surplus Personal Property: Senate passed December 21, 2012. Page S8195 S. 3698, to amend title 40, United States Code, to A motion was entered to close further debate on improve veterans service organizations access to Fed- the bill, and, in accordance with the provisions of eral surplus personal property. Pages S8231–32 Rule XXII of the Standing Rules of the Senate, a

VerDate Mar 15 2010 23:44 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD12\RECFILES\D19DE2.REC D19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D1051 vote on cloture will occur upon disposition of Reid pro tempore, pursuant to Public Law 106–398, as Amendment No. 3395. Page S8195 amended by Public Law 108–7, and upon the rec- During consideration of this measure today, Senate ommendation of the Majority Leader, in consultation also took the following action: with the Chairmen of the Senate Committee on Leahy (for Inouye) Amendment No. 3339 (to Armed Services and the Senate Committee on Fi- Amendment No. 3338), of a perfecting nature, fell nance, appointed the following individual to the when Leahy (for Inouye) Amendment No. 3338 was United States-China Economic Security Review withdrawn. Page S8164 Commission: Katherine Tobin of Virginia for a term Merkley Modified Amendment No. 3367 (to beginning January 1, 2013 and expiring December Amendment No. 3338), to extend certain supple- 31, 2014, vice C. Richard D’Amato of Maryland. mental agricultural disaster assistance programs, fell Page S8234 when Leahy (for Inouye) Amendment No. 3338 was Messages from the House: Pages S8200–01 withdrawn. Pages S8164, S8178–79 McCain/Coburn Amendment No. 3355 (to Measures Referred: Page S8201 Amendment No. 3338), to strike funding for the Enrolled Bills Presented: Page S8201 emergency forest restoration program, fell when Executive Communications: Pages S8201–03 Leahy (for Inouye) Amendment No. 3338 was with- drawn. Page S8164 Additional Cosponsors: Pages S8203–04 Tester Amendment No. 3350 (to Amendment Statements on Introduced Bills/Resolutions: No. 3338), to provide additional funds for wildland Pages S8204–06 fire management, fell when Leahy (for Inouye) Additional Statements: Page S8200 Amendment No. 3338 was withdrawn. Page S8164 Coburn/McCain Modified Amendment No. 3371 Amendments Submitted: Pages S8206–29 (to Amendment No. 3338), to ensure that Federal Authorities for Committees to Meet: Page S8229 disaster assistance is available for the most severe Adjournment: Senate convened at 9:30 a.m. and disasters, fell when Leahy (for Inouye) Amendment adjourned at 10:21 p.m., until 11:00 a.m. on Thurs- No. 3338 was withdrawn. Pages S8164, S8184–94 day, December 20, 2012. (For Senate’s program, see Bingaman Amendment No. 3344 (to Amendment the remarks of the Acting Majority Leader in today’s No. 3338), to provide for the approval of an agree- Record on page S8234.) ment between the United States and the Republic of Palau in response to Super Typhoon Bopha, fell when Leahy (for Inouye) Amendment No. 3338 was Committee Meetings withdrawn. Pages S8164–65, S8194–95 A unanimous-consent agreement was reached pro- (Committees not listed did not meet) viding for further consideration of the bill at ap- CONSUMER CREDIT REPORTS proximately 11 a.m., on Thursday, December 20, Committee on Banking, Housing, and Urban Affairs: 2012. Page S8234 Subcommittee on Financial Institutions and Con- Appointments: sumer Protection concluded a hearing to examine United States-China Economic Security Review consumer credit reports, after receiving testimony Commission: The Chair, on behalf of the President from Corey Stone, Assistant Director for Deposits, pro tempore, pursuant to Public Law 106–398, as Cash, Collections and Reporting Markets, Consumer amended by Public Law 108–7, and upon the rec- Financial Protection Bureau; Stuart K. Pratt, Con- ommendation of the Republican Leader, in consulta- sumer Data Industry Association, Washington, D.C.; tion with the Ranking Members of the Senate Com- and Chi Chi Wu, National Consumer Law Center, mittee on Armed Services and the Senate Committee Boston, Massachusetts. on Finance, appointed the following individuals to ACCOUNTABILITY REVIEW BOARD the United States-China Economic Security Review Commission: Robin Cleveland of Virginia for a term Committee on Foreign Relations: Committee received a expiring December 31, 2014, Dennis C. Shea of Vir- closed briefing on the Accountability Review Board ginia for a term expiring December 31, 2014, and from National Security Briefers. James M. Talent of Missouri, vice Daniel STATE OF THE RIGHT TO VOTE Blumenthal, for a term expiring December 31, 2013. Committee on the Judiciary: Committee concluded a Page S8234 hearing to examine the state of the right to vote United States-China Economic Security Review after the 2012 election, after receiving testimony Commission: The Chair, on behalf of the President from Senator Nelson (FL); former Florida Governor

VerDate Mar 15 2010 23:44 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD12\RECFILES\D19DE2.REC D19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE D1052 CONGRESSIONAL RECORD — DAILY DIGEST December 19, 2012 Charles Crist, Jr., St. Petersburg; Matt Schultz, Iowa Nina Perales, Mexican American Legal Defense and Secretary of State, Des Moines; South Carolina State Educational Fund, Inc. (MALDEF), San Antonio, Representative Gilda Cobb-Hunter, Columbia; Ken Texas. Bennett, Arizona Secretary of State, Phoenix; and h House of Representatives H. Res. 668, amended, to refer H.R. 5862, a bill Chamber Action making congressional reference to the United States Public Bills and Resolutions Introduced: 7 public Court of Federal Claims pursuant to sections 1492 bills, H.R. 6683–6689; and 4 resolutions, H. Res. and 2509 of title 28, United States Code, the Indian 836–839 were introduced. Pages H7359–60 trust-related claims of the Quapaw Tribe of Okla- Additional Cosponsors: Page H7360 homa (O-Gah-Pah) as well as its individual mem- 2 Reports Filed: Reports were filed today as follows: bers, by a ⁄3 yea-and-nay vote of 398 yeas to 5 nays, Fourth Quarter Report of the Activities of the Roll No. 635; Pages H7280–82, H7308–09 Committee on Veterans’ Affairs During the 112th Reauthorizing certain programs under the Pub- Congress (H. Rept. 112–706) Page H7359 lic Health Service Act and the Federal Food, Drug, Speaker: Read a letter from the Speaker wherein he and Cosmetic Act with respect to public health se- appointed Representative Webster to act as Speaker curity and all-hazards preparedness and response: pro tempore for today. Page H7267 H.R. 6672, to reauthorize certain programs under the Public Health Service Act and the Federal Food, Recess: The House recessed at 11:17 a.m. and re- Drug, and Cosmetic Act with respect to public convened at 12 noon. Page H7276 health security and all-hazards preparedness and re- Correcting the enrollment of S. 2367: The House sponse, by a 2⁄3 yea-and-nay vote of 383 yeas to 16 agreed to take from the Speaker’s table and agree to nays, Roll No. 633; Pages H7282–96, H7307 S. Con. Res. 63, to correct the enrollment of S. Prematurity Research Expansion and Education 2367. Pages H7276–77 for Mothers Who Deliver Infants Early Reauthor- Authorizing the use of the rotunda of the Cap- ization Act: S. 1440, amended, to reduce preterm itol for the lying in state of the remains of the labor and delivery and the risk of pregnancy-related late Honorable Daniel K. Inouye: The House deaths and complications due to pregnancy, and to agreed to take from the Speaker’s table and agree to reduce infant mortality caused by prematurity; S. Con. Res. 64, to authorize the use of the rotunda Pages H7296–7301 of the Capitol for the lying in state of the remains Agreed to amend the title so as to read: ‘‘To re- of the late Honorable Daniel K. Inouye. Page H7277 duce preterm labor and delivery and the risk of Providing for the printing of a revised edition of pregnancy-related deaths and complications due to the Rules and Manual of the House of Rep- pregnancy; to reduce infant mortality caused by pre- resentatives for the One Hundred Thirteenth maturity; to provide for a National Pediatric Re- Congress: The House agreed to H. Res. 836, to search Network, including with respect to pediatric provide for the printing of a revised edition of the rare diseases or conditions; and to reauthorize sup- Rules and Manual of the House of Representatives port for graduate medical education programs in for the One Hundred Thirteenth Congress. children’s hospitals.’’. Page H7298 Page H7277 Medicare IVIG Access Act: H.R. 1845, amended, Suspensions: The House agreed to suspend the rules to provide for a study on issues relating to access to and pass the following measures: intravenous immune globulin (IVIG) for Medicare Referring H.R. 5862, a bill making congres- beneficiaries in all care settings and a demonstration sional reference to the United States Court of Fed- project to examine the benefits of providing coverage eral Claims pursuant to sections 1492 and 2509 of and payment for items and services necessary to ad- title 28, United States Code, the Indian trust-re- minister IVIG in the home, by a 2⁄3 yea-and-nay lated claims of the Quapaw Tribe of Oklahoma vote of 401 yeas to 3 nays, Roll No. 634; (O-Gah-Pah) as well as its individual members: Pages H7301–07, H7307–08

VerDate Mar 15 2010 23:44 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD12\RECFILES\D19DE2.REC D19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D1053 Agreed to amend the title so as to read: ‘‘To pro- cated at 333 West Broadway Street in San Diego, vide a demonstration project providing Medicare California, as the ‘‘James M. Carter and Judith N. coverage for in-home administration of intravenous Keep United States Courthouse’’. Pages H7317–18 immune globulin (IVIG) and to amend title XVIII Paul Brown United States Courthouse Designa- of the Social Security Act with respect to the appli- tion Act: The House agreed to discharge from com- cation of Medicare secondary payer rules for certain mittee and pass H.R. 6633, to designate the United claims.’’. Page H7308 States courthouse located at 101 East Pecan Street in Protect Our Kids Act of 2012: H.R. 6655, to es- Sherman, Texas, as the ‘‘Paul Brown United States tablish a commission to develop a national strategy Courthouse’’. Page H7318 and recommendations for reducing fatalities resulting Suspensions—Proceedings Postponed: The House from child abuse and neglect, by a 2⁄3 yea-and-nay debated the following measures under suspension of vote of 330 yeas to 77 nays, Roll No. 636; the rules. Further proceedings were postponed: Pages H7313–17, H7327–28 Medicare Identity Theft Prevention Act: H.R. James F. Battin United States Courthouse Des- 1509, amended, to amend title II of the Social Secu- ignation Act: S. 3311, to designate the United rity Act to prohibit the inclusion of Social Security States courthouse located at 2601 2nd Avenue account numbers on Medicare cards; Pages H7309–13 North, Billings, Montana, as the ‘‘James F. Battin United States Courthouse’’; Pages H7318–19 Mt. Andrea Lawrence Designation Act: S. 925, to designate Mt. Andrea Lawrence; Pages H7319–20 Hatch Act Modernization Act of 2012: S. 2170, to amend the provisions of title 5, United States Postal Inspector Terry Asbury Post Office Build- Code, which are commonly referred to as the ‘‘Hatch ing Designation Act: H.R. 6587, to designate the Act’’, to scale back the provision forbidding certain facility of the United States Postal Service located at State and local employees from seeking elective of- 225 Simi Village Drive in Simi Valley, California, as fice, clarify the application of certain provisions to the ‘‘Postal Inspector Terry Asbury Post Office the District of Columbia, and modify the penalties Building’’; Page H7327 which may be imposed for certain violations under Mann-Grandstaff Department of Veterans Af- subchapter III of chapter 73 of that title; fairs Medical Center Designation Act: H.R. 3197, Pages H7320–23 to name the Department of Veterans Affairs medical Public Interest Declassification Board Reauthor- center in Spokane, Washington, as the ‘‘Mann- ization Act of 2012: S. 3564, to extend the Public Grandstaff Department of Veterans Affairs Medical Interest Declassification Act of 2000 until 2014, by Center’’; Pages H7330–31 a 2⁄3 yea-and-nay vote of 409 yeas to 1 nay, Roll No. William ‘‘Bill’’ Kling VA Clinic Designation 637; Pages H7323–24, H7328–29 Act: H.R. 6443, to designate the facility of the De- Government Employee Accountability Act: H.R. partment of Veterans Affairs located at 9800 West 6016, amended, to amend title 5, United States Commercial Boulevard in Sunrise, Florida, as the Code, to provide for administrative leave require- ‘‘William ‘Bill’ Kling VA Clinic’’; Pages H7331–33 ments with respect to Senior Executive Service em- Representative Curtis B. Inabinett, Sr. Post Of- ployees, by a 2⁄3 yea-and-nay vote of 402 yeas to 2 fice Designation Act: H.R. 6379, to designate the nays, Roll No. 638; and Pages H7324–26, H7329 facility of the United States Postal Service located at Agreed to amend the title so as to read: ‘‘To 6239 Savannah Highway in Ravenel, South Carolina, amend title 5, United States Code, to provide for in- as the ‘‘Representative Curtis B. Inabinett, Sr. Post vestigative leave requirements with respect to Senior Office’’; Page H7333 Executive Service employees, and for other pur- Sidney ‘‘Sid’’ Sanders McMath Post Office poses.’’. Page H7329 Building Designation Act: H.R. 3869, to designate Nelson ‘‘Mac’’ MacWilliams Post Office Build- the facility of the United States Postal Service lo- ing Designation Act: H.R. 4062, to designate the cated at 600 East Capitol Avenue in Little Rock, Ar- facility of the United States Postal Service located at kansas, as the ‘‘Sidney ‘Sid’ Sanders McMath Post 1444 Main Street in Ramona, California, as the Office Building’’; Pages H7333–34 ‘‘Nelson ‘Mac’ MacWilliams Post Office Building’’. Elizabeth L. Kinnunen Post Office Building Pages H7326–27 Designation Act: H.R. 3378, to designate the facil- James M. Carter and Judith N. Keep United ity of the United States Postal Service located at 220 States Courthouse Designation Act: The House Elm Avenue in Munising, Michigan, as the ‘‘Eliza- agreed to discharge from committee and pass H.R. beth L. Kinnunen Post Office Building’’; 6166, to designate the United States courthouse lo- Pages H7334–35

VerDate Mar 15 2010 23:44 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD12\RECFILES\D19DE2.REC D19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE D1054 CONGRESSIONAL RECORD — DAILY DIGEST December 19, 2012 Cecil E. Bolt Post Office Designation Act: H.R. mony was heard from Joshua Gotbaum, Director, 4389, to designate the facility of the United States Pension Benefit Guaranty Corporation. Postal Service located at 19 East Merced Street in Fowler, California, as the ‘‘Cecil E. Bolt Post Of- BUSINESS MEETING fice’’; and Pages H7335–36 Committee on Ethics: Full Committee held a meeting Lieutenant Kenneth M. Ballard Memorial Post on considering proposed amendments to Committee Office Designation Act: H.R. 6260, to designate Rules. The motion passed by a unanimous vote on the facility of the United States Postal Service lo- the proposed Committee Rules changes. cated at 211 Hope Street in Mountain View, Cali- CONFERENCE REPORT—NATIONAL fornia, as the ‘‘Lieutenant Kenneth M. Ballard Me- DEFENSE AUTHORIZATION ACT FOR FY morial Post Office’’. Pages H7336–37 2013; APPROVING THE RENEWAL OF Meeting Hour: Agreed that when the House ad- IMPORT RESTRICTIONS CONTAINED IN journs today, it adjourn to meet at 12 noon tomor- THE BURMESE FREEDOM AND row, December 20th. Page H7333 DEMOCRACY ACT OF 2003; AND SPENDING Privileged Resolution: The House agreed to H. REDUCTION ACT OF 2012 Res. 839, relating to the death of the Honorable Committee on Rules: Full Committee held a hearing on Daniel K. Inouye, a Senator from the State of Ha- Conference Report to accompany H.R. 4310, the waii. Pages H7337–41 ‘‘National Defense Authorization Act for Fiscal Year Senate Message: Message received from the Senate 2013’’; Senate Amendment to H.J. Res. 66, approv- today appears on page H7267. ing the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003; Quorum Calls—Votes: Six yea-and-nay votes devel- and H.R. 6684, the ‘‘Spending Reduction Act of oped during the proceedings of today and appear on 2012’’. The Committee granted, by voice vote, a rule pages H7307, H7308, H7308–09, H7327–28, waiving all points of order against the conference re- H7328–29, H7329. There were no quorum calls. port and against its consideration. The rule provides Adjournment: The House met at 10 a.m. and at that the conference report shall be considered as 10:21 p.m., pursuant to the provisions of H. Res. read. The rule provides that the previous question 839, it stands adjourned as a further mark of respect shall be considered as ordered without intervening to the memory of the late Honorable Daniel K. motion except one hour of debate and one motion Inouye. to recommit if applicable. Debate on the conference report is divided pursuant to clause 8(d) of rule Committee Meetings XXII. The Committee granted, by voice vote, a rule pro- EVOLVING SECURITY SITUATION IN THE viding for the consideration of H.J. Res. 66. The DEMOCRATIC REPUBLIC OF THE CONGO rule makes in order a motion by the chair of the AND IMPLICATIONS FOR U.S. NATIONAL Committee on Ways and Means that the House con- SECURITY cur in the Senate amendment with the amendment Committee on Armed Services: Full Committee held a printed in the Rules Committee report accom- hearing on an update on the evolving security situa- panying the resolution. The rule waives all points of tion in the Democratic Republic of the Congo and order against consideration of the motion. The rule implications for U.S. national security. Testimony provides that the Senate amendment and the motion was heard from Derek Chollet, Assistant Secretary of shall be considered as read. The rule provides one Defense for International Security Affairs; Johnnie hour of debate on the motion equally divided and Carson Assistant Secretary of State for the Bureau of controlled by the chair and ranking minority mem- African Affairs; and public witnesses. ber of the Committee on Ways and Means. The rule further provides a closed rule for H.R. CHALLENGES FACING MULTIEMPLOYER 6684. The rule provides one hour of debate equally PENSION PLANS: EVALUATING PBGC’S divided and controlled by the Majority Leader and INSURANCE PROGRAM AND FINANCIAL Minority Leader or their respective designees. The OUTLOOK rule waives all points of order against consideration Committee on Education and the Workforce: Sub- of the bill. The rule provides that the bill shall be committee on Health, Employment, Labor, and Pen- considered as read. The rule waives all points of sions held a hearing entitled ‘‘Challenges Facing order against provisions in the bill. The rule pro- Multiemployer Pension Plans: Evaluating PBGC’s vides one motion to recommit. Testimony was heard Insurance Program and Financial Outlook’’. Testi- from Chairman McKeon and Chairman Camp and

VerDate Mar 15 2010 23:44 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD12\RECFILES\D19DE2.REC D19DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 19, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D1055 Representatives Smith (WA), Jackson Lee (TX), COMMITTEE MEETINGS FOR THURSDAY, Levin, Mulvaney, Jordon, and Scalise. DECEMBER 20, 2012 (Committee meetings are open unless otherwise indicated) ONGOING INTELLIGENCE ACTIVITIES Senate House Permanent Select Committee on Intelligence: Full Committee held a hearing on ongoing intelligence Committee on Banking, Housing, and Urban Affairs: Sub- activities. This was a closed hearing., committee on Housing, Transportation and Community Development, to hold hearings to examine recovering from superstorm Sandy, focusing on rebuilding our infra- structure, 11 a.m., SD–538. Joint Meetings Committee on Finance: business meeting to consider the No joint committee meetings were held. nominations of Ronald Lee Buch, of Virginia, and Albert f G. Lauber, of the District of Columbia, both to be a Judge of the United States Tax Court, Time to be an- NEW PUBLIC LAWS nounced, Room to be announced. Full Committee, to hold hearings to examine the (For last listing of Public Laws, see DAILY DIGEST, p. D1046) nominations of William B. Shultz, of the District of Co- H.R. 3187, to require the Secretary of the Treas- lumbia, to be General Counsel of the Department of ury to mint coins in recognition and celebration of Health and Human Services, and Christopher J. Meade, the 75th anniversary of the establishment of the of New York, to be General Counsel for the Department March of Dimes Foundation. Signed on December of the Treasury, 10 a.m., SD–215. Committee on Foreign Relations: to hold hearings to exam- 18, 2012. (Public Law 112–209) ine Benghazi, focusing on the attacks and the lessons H.R. 6582, to allow for innovations and alter- learned, 8 a.m., SH–216. native technologies that meet or exceed desired en- ergy efficiency goals, and to make technical correc- House tions to existing Federal energy efficiency laws to Committee on Foreign Affairs, Full Committee, hearing allow American manufacturers to remain competi- entitled ‘‘Benghazi Attack, Part II: The Report of the Ac- tive. Signed on December 18, 2012. (Public Law countability Review Board’’, 1 p.m., 2172 Rayburn. 112–210) House Permanent Select Committee on Intelligence, Full S. 3486, to implement the provisions of the Committee, business meeting, Investigative Report on the U.S. National Security Issues Posed by Chinese Tele- Hague Agreement and the Patent Law Treaty. communications Companies Huawei and ZTE, 9 a.m., Signed on December 18, 2012. (Public Law HVC–304. 112–211) Full Committee, hearing on ongoing intelligence ac- tivities, 9:30 a.m., HVC–304. This is a closed hearing.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Thursday, December 20 12 p.m., Thursday, December 20

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of the conference ation of H.R. 1, Full-Year Continuing Appropriations report to accompany H.R. 4310—National Defense Au- Act. The filing deadline for first-degree amendments is at thorization Act for Fiscal Year 2013. 1 p.m. (Senators will gather in the Senate chamber at 9:35 a.m. to proceed together to the Capitol Rotunda for the viewing of the late Senator Daniel K. Inouye.)

Extensions of Remarks, as inserted in this issue

HOUSE Ellison, Keith, Minn., E1968 Poe, Ted, Tex., E1970, E1974 Gallegly, Elton, Calif., E1967, E1974 Richardson, Laura, Calif., E1952, E1954, E1963 Aderholt, Robert B., Ala., E1955 Gerlach, Jim, Pa., E1965, E1970 Rivera, David, Fla., E1963 Berman, Howard L., Calif., E1970 Gibson, Christopher P., N.Y., E1973 Rogers, Harold, Ky., E1971 Bonner, Jo, Ala., E1966, E1967, E1968 Gonzalez, Charles A., Tex., E1971 Rohrabacher, Dana, Calif., E1953 Burgess, Michael C., Tex., E1958 Goodlatte, Bob, Va., E1963 Ryan, Paul, Wisc., E1967 Calvert, Ken, Calif., E1955 Green, Gene, Tex., E1969 Schiff, Adam B., Calif., E1972 Cantor, Eric, Va., E1956 Hartzler, Vicky, Mo., E1957 Sires, Albio, N.J., E1965, E1969 Castor, Kathy, Fla., E1957 Herrera Beutler, Jaime, Wash., E1965 Smith, Adam, Wash., E1953 Clarke, Yvette D., N.Y., E1967 Higgins, Brian, N.Y., E1965 Speier, Jackie, Calif., E1951, E1953, E1953, E1954, E1955 Clyburn, James E., S.C., E1959, E1963 Holt, Rush D., N.J., E1973 Stearns, Cliff, Fla., E1970 Coble, Howard, N.C., E1966 Kaptur, Marcy, Ohio, E1951 Terry, Lee, Nebr., E1962 Coffman, Mike, Colo., E1971 Kissell, Larry, N.C., E1956 Walden, Greg, Ore., E1951, E1954, E1962 Cohen, Steve, Tenn., E1973, E1974 McClintock, Tom, Calif., E1968 Webster, Daniel, Fla., E1956, E1969, E1969 Costa, Jim, Calif., E1975 McGovern, James P., Mass., E1959 Whitfield, Ed, Ky., E1957, E1963 Davis, Danny K., Ill., E1958 Mica, John L., Fla., E1959, E1962 Wittman, Robert J., Va., E1971 DeLauro, Rosa L., Conn., E1957 Miller, Jeff, Fla., E1956, E1973 Wolf, Frank R., Va., E1972

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