SENATE—Tuesday, January 1, 2013

18540 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 January 1, 2013 SENATE—Tuesday, January 1, 2013

The Senate met at 2 p.m. and was Mr. REID. It is so good to see the Mr. DURBIN. I ask to speak in morn- called to order by the Honorable BAR- Presiding Officer presiding. ing business. BARA BOXER, a Senator from the State f The ACTING PRESIDENT pro tem- of California. pore. The Senator is recognized. SCHEDULE f PRAYER Mr. REID. After leader remarks, the THE FISCAL CLIFF The Chaplain, Dr. Barry C. Black, of- Senate will be in a period of morning fered the following prayer: business, with Senators allowed to Mr. DURBIN. Madam President, it Let us pray. speak for up to 10 minutes each. was after 2 a.m. this morning when the Almighty God, source of strength for We are awaiting the House to do Senate finally passed this historic stressed-out emotions and strained something on the cliff, we hope. We measure which puts the fiscal cliff be- minds, we don’t pray to inform You of have Sandy to deal with, and we are hind us, if—if—the House of Represent- things You don’t know or to urge You waiting on that. We have a series of ex- atives follows through and passes it as from a reluctance to help us. Lord, we ecutive nominations that we need to well. I hope they take it up today or as pray to obey Your command, to allow clear today. quickly as possible and pass it with the ourselves to action, to mitigate anx- f same bipartisan spirit and vote we saw iety, to exercise faith, and to embrace on the floor of the Senate last night. If MEASURE PLACED ON THE I am not mistaken, the final vote was Your promises. CALENDAR—H.R. 459 Thank You for using our Senators in 89 to 8, which was a significant bipar- the early morning hours of this new Mr. REID. Madam President, I am tisan vote. year to accomplish Your purposes. May told H.R. 459 is at the desk and due for It was a moment of high emotion in the sparks from their bipartisan co- a second reading. the Senate for several reasons. First, operation ignite flames of unity that The ACTING PRESIDENT pro tem- on a personal level, many of our col- will illuminate the inevitable darkness pore. The clerk will report the bill by leagues were casting their final vote as to come. Lord, give our lawmakers the title for the second time. Senators. Those who are leaving the resiliency, resourcefulness, and resolve The legislative clerk read as follows: Senate gathered in the well and we to accomplish Your will on Earth even A bill (H.R. 459) to require a full audit of wished them the best. It was also a mo- as it is done in Heaven. the Board of Governors of the Federal Re- ment of high emotion because I cannot We pray in Your merciful Name. serve System and the Federal reserve banks think of another vote in recent times Amen. by the Comptroller General of the United the American people followed so close- States, and for other purposes. ly. I couldn’t sit down on an airplane f Mr. REID. Madam President, in order or at a restaurant in Chicago without PLEDGE OF ALLEGIANCE to place the bill on the calendar under having somebody come up to me and The Honorable BARBARA BOXER led the provisions of rule XIV, I object to say: What is going to happen? They the Pledge of Allegiance, as follows: any further proceedings. were very concerned, as they should I pledge allegiance to the Flag of the The ACTING PRESIDENT pro tem- have been, because the so-called fiscal United States of America, and to the Repub- pore. Objection having been heard, the cliff is a threat to our economic recov- lic for which it stands, one nation under God, bill will be placed on the calendar. ery and one that, I believe, finally mo- indivisible, with liberty and justice for all. Mr. REID. Madam President, what is bilized the majority necessary to pass f the business of the day? this measure in the Senate on a bipar- tisan basis. APPOINTMENT OF ACTING f The President showed extraordinary PRESIDENT PRO TEMPORE RESERVATION OF LEADER TIME leadership on this matter. I know he The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- was personally invested in it. He clerk will please read a communication pore. Under the previous order, the thought about it long and hard. He left to the Senate from the President pro leadership time is reserved. his family vacation, which he looks tempore (Mr. LEAHY). f forward to, and even more so after the The legislative clerk read the fol- campaign, to come back to Washington lowing letter: MORNING BUSINESS and try to put together a solution to U.S. SENATE, The ACTING PRESIDENT pro tem- this fiscal crisis. He was successful in PRESIDENT PRO TEMPORE, pore. Under the previous order, the the Senate, and I hope he will be in the Washington, DC, January 1, 2013. Senate will proceed to a period of House as well. To the Senate: morning business until 3:30 p.m., for The President also had the able ef- Under the provisions of rule I, paragraph 3, debate only, with Senators permitted forts of his Vice President, JOE BIDEN, of the Standing Rules of the Senate, I hereby appoint the Honorable BARBARA BOXER, a to speak therein for up to 10 minutes to help in this effort. Last night, Vice Senator from the State of California, to per- each. President BIDEN came back to his form the duties of the Chair. Mr. REID. Madam President, I note home, the Senate, where he served for PATRICK J. LEAHY, the absence of a quorum. 36 years, and spoke to the Senate President pro tempore. The ACTING PRESIDENT pro tem- Democrats about the importance of Mrs. BOXER thereupon assumed the pore. The clerk will call the roll. this vote. It was for almost an hour and chair as Acting President pro tempore. The legislative clerk proceeded to a half on New Year’s Eve, somewhat f call the roll. surreal, as we gathered—some away Mr. DURBIN. Madam President, I ask from their spouses for the first time in RECOGNITION OF THE MAJORITY unanimous consent that the order for decades—for this important vote, and LEADER the quorum call be rescinded. for an hour and a half we spoke and The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- asked questions of the Vice President pore. The majority leader is recog- pore. Without objection, it is so or- and expressed our feelings. We could nized. dered. sense during the course of that meeting

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

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That is prob- lish this estate tax exemption of $5.1 disagree with even today, but we un- ably, as President Reagan described it, million, subject to a tax beyond that of derstand it is the nature of compromise the best way to eliminate and reduce 40 percent. that part of what we have to accept poverty in our Nation. So the Recovery There were many other provisions re- may not be popular, but we have to be Act expansion of the earned-income tax lated to the Tax Code, some of them willing to compromise to solve prob- credit has been extended for 5 years. very esoteric, but that was an impor- lems. When we look at the issues before The child tax credit, which does ex- tant starting point, protecting working us, I think we made some significant actly what it says—it says to families families, protecting the deductions and progress. The most significant progress with children: We will give you a tax credits they need the most, and mak- was to protect 98 percent of American credit to help you raise those chil- ing certain we have revenue coming in families from any tax increase. If the dren—that, too, was renewed for an- from this. We anticipate some $600 bil- Senate measure is approved in the other 5 years at the enhanced Recovery lion in new revenue coming in to help House, we will see 98 percent of Amer- Act level. And a provision in the law, reduce our deficit as a result of this. ican families spared a tax increase which was added by Senator SCHUMER We also have something in law which today. of New York years ago, which helps the Acting President pro tempore and I The vast majority of working fami- working families to pay for college talked about for a moment: the alter- lies, middle-income families, struggle. education, that, too, was included in native minimum tax. There was a time They live paycheck to paycheck. The this measure. when they took a look at America and Pew Institute did a survey within the So from a working family perspec- said: How can this possibly be that last year or two asking working fami- tive, there were many good and impor- some of the wealthiest people pay no lies a very basic question: If an emer- tant elements that were included in taxes? So we established something gency came up, could you find $2,000, this measure. called an alternative minimum tax, borrow or find $2,000 to meet an emer- We also considered a lot of other tax which said: If under the regular Tax gency need? Two thousand dollars is measures, some of which I liked and Code you escape all tax liability, you not an extraordinary amount of money some I did not like. One of them in par- are going to be subject to the alter- until we consider that a simple trip to ticular, the estate tax, is a tax that is native minimum tax, where you will the emergency room or urgent care widely misunderstood. This is a tax pay something. clinic could result in a $2,000 medical which applies to a very small fraction Well, it was not a bad idea 30 or 40 bill. They asked working families, and of a percentage of American families years ago when the debate started. But barely half of American families had that when the breadwinner passes away because we did not index the income access to $2,000. That tells us how close have a valuable estate that can be sub- that was associated with it, over the to the edge so many families live. ject to Federal taxation. It is a very years, this alternative minimum tax Had we not acted on this measure small percentage. Some 3 percent hit not only the wealthy, but it started early this morning, these middle-in- might be affected by an estate tax. At hitting those in middle-income cat- come families would have faced an in- the higher levels that we have dis- egories. So each year we had to kind of crease in their taxes of more than cussed in our debate on this issue, less postpone the impact of this tax on mid- $2,000 a year. That is not only in Illi- than 1 percent of estates end up paying dle-income families—let’s say, families nois and California but across the Na- any tax whatsoever to the Federal Gov- in the $100,000 to $200,000 range. This tion. So we had to come together to ernment. has been vexing us for decades. protect those families. The Republicans insisted on a provi- Last night, in the Senate—or this That was the starting point for the sion which Senator KYL of Arizona had morning, in the Senate—with the pas- President’s position on this issue and been championing for years, which sage of this legislation, we have dealt the starting point for the Democrats. would raise the exemption for estates with the problem once and for all. We We passed, 6 months ago in this Cham- to over $5 million, which means a $5.1 have a permanent fix on the alter- ber, a measure which would have pro- million estate would not be subject to native minimum tax. It is something I tected these families. We sent it to the any taxation, and over that amount am sure most American families are House. They never called it, and we had would be subject to a 40-percent tax re- probably puzzled over, but it is an im- to renew our efforts last night, and sponsibility. portant element in getting this behind successfully we were able to achieve I personally think it should have us which was critically important as that by the end of the evening. been a lower figure. We are dealing well. We had to bargain, as usual, in the with the wealthiest people in America, We also managed to extend the doc political atmosphere and had to raise again, and many of them make plans, fix. What is that all about? Over 10 the exemption from $250,000 of family estate planning, to avoid this tax years ago, we said we are going to save income to $450,000 of family income. throughout their lives, and it turns out some money in Medicare. We are just But, in so doing, we have protected that fewer than one-half of 1 percent of going to take a little percentage cut working families from this tax increase those who use this benefit are actually each year in how much we would pay which otherwise would have taken small businesses or farmers. Most of doctors and hospitals who treat Medi- place. These families need the re- them are very wealthy people who have care patients; therefore, we will reduce sources to not only meet the bills they done well. the cost of Medicare and be done with face each month but to try to save a I can think of a friend of mine in cen- it. little bit for the future, for their fami- tral Illinois. Her father was a farmer Well, guess what. We had a great lies, and for some of their own dreams and started with very modest means, idea, but when it came to imposing the about a better life. bought some land, and over time the law, the doctors and hospitals pushed So that was the important first step land has mushroomed in value to the back and said: Wait a minute. We need in this package that was passed early point where his estate is worth multi- this compensation for our care of Medi- this morning. millions of dollars. She will have an es- care patients. Therefore, we postponed The other thing that was part of it tate that is huge far beyond what she it. Every year we postponed it, what we was a 5-year extension—I wish it had could imagine, and she would be sub- were supposed to save we had to come been permanent—but a 5-year exten- ject to this tax. She is not a farmer. I up with from other sources. The so- sion on the Recovery Act expansion of do not think she has ever been on a called doc fix, SGR, is another one like the earned-income tax credit. The tractor, unless she did as a child, and it the alternative minimum tax, which

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18542 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 January 1, 2013 has haunted us as we have done these Michigan. Past chairmen who are serv- Madam President, I confess, I do not budgets year in and year out. We did ing here all acknowledge, as we do, she understand this program. Vaguely, yes; not solve this problem permanently. has done such an extraordinary job. but if it was on the final, I would flunk. We solved it for 1 year. Otherwise, Her leadership in constructing a farm So I used to go, on dairy issues, to Sen- what would have happened is, starting bill this year was masterful. ator KOHL. Wisconsin dairy farmers today, doctors and hospitals would I have been around Congress for 30 and Illinois dairy farmers always saw have seen a reduction of over 25 per- years—the House and Senate. You can eye to eye. cent in their government reimburse- pick out the real legislators, and I said: HERB, you are my dairy ex- ment for treating patients. The net re- DEBBIE STABENOW is a real legislator. pert. You tell me. You are my adviser. sult would have been, in Springfield She sat down and crafted a farm bill. Well, HERB is retiring. I will need a and Chicago, IL, and across the Na- Now, you may not think of Michigan new adviser. But we found out that if tion—in Ohio and California—many as a farm State; it is. And she looked we had not passed a new farm bill, and doctors and hospitals would have said: at this bill in terms of its entirety. In reverted to the 1949 dairy program, the We can no longer afford to treat these its entirety, the farm bill is about price of milk would double to $10 a gal- patients, and the people—the 50 mil- more than farmers and ranchers. It is lon. That, to me, was unacceptable. It lion-plus Americans who depend on also about nutrition and food programs was unacceptable to the White House. Medicare—would have had fewer and school lunch and food stamps. As a result, we had to come through choices for treatment. So we have re- They are all included in this bill. with an emergency measure to avoid She tackled it with the ranking Re- solved that issue. In the early morning that possibility. hours, with this vote, for 1 year we publican member, PAT ROBERTS of Kan- sas, and came up with an amazing work We should have taken the bipartisan have solved that problem. Senate farm bill. Senator STABENOW Another thing we have done, which is product. She had over 63 votes in the Senate for this farm bill—bipartisan begged for us to do this, could not get critically important, is extend unem- that into the negotiation. ployment benefits for 1 year. Two mil- support for this farm bill. Let me tell you what it did. We not I will say one thing that really dis- lion Americans—2 million—would have only ended up with a bill that had the appointed me last night. At the last lost their unemployment benefits this support of every major farm organiza- minute, they had one aspect of the morning as a result of this so-called tion, which is no mean feat, it saved dairy program they needed to take care fiscal cliff if we had not taken action. over $23 billion in deficit reduction in 5 of. It costs $60 million to $100 million. I can tell you that it means an awful years. She went after some of the inde- We needed to find a pay-for and, un- lot in my State of Illinois. As I men- fensible programs, such as the direct fortunately, the other side of the aisle tioned, 2 million on a nationwide basis, payment program to farmers, which insisted that the pay-for for this dairy but we also have 88,000 in my own State they readily acknowledged needed to support come from the Federal Food who face the same basic problem. go away, took those programs aside Stamp Program. That is just—that is These are people who have been out of and put the money to deficit reduction. sad. We had so much waste in our agri- work for a long time. Some of them are She went to the nutrition programs, culture programs that we identified in in school. Some are taking courses for which are critically important in a our farm bill. The fact that they would retraining. All are trying to keep their struggling economy, with families fac- turn to the Federal Food Stamp Pro- family together, not lose their home ing income inequality, and she pro- gram, the SNAP program, to come up while they are unemployed. tected those. Those are important to with this money, to me, is difficult to So the extension of these unemploy- me, and I have worked with her, and I understand, explain or defend. I am ment benefits was the President’s sec- think we came up with an honest, bal- saddened by that. I guarantee we will ond highest priority, after protecting anced approach when it came to nutri- return to that. middle-income Americans, and it was tion programs. included in this package. It is an im- What we did in the early morning We passed the bill. We passed it hours is important for us. It isn’t the portant element. months ago in the Senate, and we sent One last point. When you ask the end of the story. There is more we will it to the House of Representatives. face. In 60 days, if we don’t take care, Congressional Budget Office: If you had They not only could not pass their own to spend one tax dollar to help the we are going to face another cliff of our farm bill—never did—but they would own making because in 60 days three economy, where would you spend it, not even consider calling the bipar- things come together. they will tell you over and over again, tisan Senate bill. The farm organiza- The debt ceiling, what is the debt it is clear: Unemployment benefits. tions were begging them: Call it. We The $1 you spend on unemployment need a 5-year program on farming. ceiling? America’s mortgage. When we benefits goes directly back into the They would not do it. They never did spend money for a war, for the Depart- economy. These people are not salting it. ment of Agriculture, whatever it hap- it away for a rainy day. They are not So there was a lot of frustration over pens to be, ultimately, we borrow 40 investing it. They are spending it on here that we did good work on a bill, cents for every $1 we spend. So every goods and services to get by—utility the House could not put a bill on the President is forced to renew the mort- bills and rent and mortgage payments floor, and would not take up our bill. gage, the debt ceiling of the United and food and clothing, the basics of The thing that brought it together, States. life. incidentally, at the last minute—why I think of President Ronald Reagan. As they spend it back into the econ- it was included in this emergency It was done over and over again many omy, it is respent. So each $1 has kind package—it turns out that under the times without even a record vote. But of a multiplier effect behind it of $1.60, law, if we do not pass a new farm bill, now it has become a political hot po- ultimately, into the economy. So not we revert to the 1949 farm bill. Talk tato, and in a matter of 60 days or so only is it the humane and right thing about going back in history and pick- we will be facing another need to renew to do for those who are out of work and ing up a law which has little applica- America’s mortgage. In other words, struggling, but it is also a good thing tion to today’s world, that is what hap- this is the full faith and credit of the for boosting economic growth. That is pens. One particular issue jumped off U.S. Government, and that is going to an important part. the page: dairy support. be contentious, a matter of debate. One of the real disappointments last Now, last night I bid farewell to Sen- At the same time, the continuing res- night—and I have to tell you, it really ator HERB KOHL of Wisconsin. I am olution, our temporary spending bill, is sad that it has come to this—relates going to miss him more than most peo- expires. At the same time, the seques- to the farm bill. We have a chairman of ple can imagine because HERB KOHL tration kicks in, which is automatic the Agriculture Committee in the Sen- spent the time and understood Amer- spending cuts. So we will have, in 60 ate, Senator DEBBIE STABENOW of ica’s dairy program. days, if the House follows the Senate

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18543 lead on the fiscal cliff, another chal- long period of time. This is not a def- What we have to do on Medicare is lenge. Let us hope we have learned a icit-reduction measure, period. It does find a way to meet this growing popu- lesson from this one. reduce it in some aspects, but the ar- lation with demands and the mush- The American people are sick and cane scoring by the Congressional rooming costs of health care. We can tired of incompetence, political pos- Budget Office will not give us any cred- do it. There are ways to save money, turing, and failure of Congress to come it for reducing the deficit. We do have humane ways to save money and pro- together on a bipartisan basis to solve more revenue coming in toward deficit tect the integrity and the future of So- a problem and they want us to get the reduction, but some of the other meas- cial Security, Medicare, and Medicaid. problem solved and get this Nation ures I mentioned would be scored as ex- I think the President’s ObamaCare, as moving forward. penditures. it has been characterized, or Affordable In the early morning hours in the Having said that, we still have a def- Care Act, is a step in that direction, Senate, we finally achieved it. It icit issue. We still have a deficit prob- but we need to do more when it comes should have been done long ago, I un- lem. to Medicare. derstand, but we achieved it. Now I What we tried to establish this morn- I see my friend and colleague from hope the House will do the same, follow ing in this vote is revenue has to be Ohio on the floor. I yield to him and the Senate example, and 60 days from part of every solution on deficit reduc- thank him for his friendship and his now we can approach this problem in a tion. The other side of the aisle reluc- leadership on these important issues. sober, honest, mature way instead of a tantly, after years of resisting, came to I yield the floor. partisan fashion. That is what the our side in the early morning hours. The ACTING PRESIDENT pro tem- American people expect. That is No. 1. pore. The Senator from Ohio. I took a look, incidentally, at the No. 2, we need to take an honest look Mr. BROWN of Ohio. I thank the sen- specific impact of this morning’s vote at entitlements. Here are what the ior Senator from Illinois, the assistant on my State of Illinois. For the record, facts are. Social Security untouched, majority leader. over 5 million Illinois families will be unamended, unchanged will make I concur in the remarks Senator DUR- spared a tax increase under the agree- every promised payment for 20 years. BIN just made, especially about the ment we passed in the early morning We can’t say that about any other Fed- vote last night. The primary thing we hours. Many of them, almost all of eral program, 20 years of payments, did was we spared that $2,000 tax in- them, the working families whom I de- with cost-of-living adjustments every crease for so many families in Cali- scribed earlier, without an agreement, single year. But on the 21st year there fornia, Illinois, Ohio, and across this the average family in Illinois would will be a dropoff of 30 percent in terms country. I remember the Presiding Of- have faced an increase in taxes of more of Social Security benefits. We have 20 ficer telling a group of us last night than $2,000. years. We can wait. We can wait 5, 10 or how many hundreds of thousands of Half a million families in my State 15 years to do something or we can do Californians would have lost their un- will continue to receive college tuition it soon, maybe even this year, 2013. employment insurance if we had not tax credits, making it easier to send That is what I would like to see. acted last night the way we did. their kids to college. This could be as I am preparing legislation to be in- My fundamental criteria on voting much as $1,000 of assistance each year, troduced shortly, which will call for on this issue and voting for this issue which I am sure is a helping hand. the creation of a commission with a was we were able successfully to stop Also, 1.5 million Illinois families very simple assignment, come up with cuts in Social Security to pay for some raising children will continue to ben- a plan for 75-year solvency of Social of this plan or raising the retirement efit from the child tax credit, a yearly Security. When they have it, and it has savings of about $1,000, on average, for been certified to be a valid plan, report age for Medicare or not doing the un- each of these Illinois families with it to Congress to be considered, with- employment insurance in the way we kids. Working families in Illinois will out debate—I shouldn’t say without de- did. So all those were victories last continue to receive the earned-income bate—without filibuster, without night. tax credit. Over 230,000 Illinois families delay. When it comes to the floor, any I also concur with Senator DURBIN benefited from that tax credit last Member who can offer a substitute that while adding 5 years to the year. amendment that achieves 75 years’ sol- earned-income tax credit, locking in More than 1 million Illinois tax- vency may also call their measure at one of the best poverty-fighting pro- payers are protected from an increase the same time. Let us have a chance to grams to be begun by Ronald Reagan, in taxes under the alternative min- have this debate and make sure we suggested, I believe, by Milton Fried- imum tax, which I mentioned earlier. have solvency for Social Security that man—supported by both parties for Thousands of Illinois children will con- will affect not only all our lives but the many years—we are not seeing that the tinue to have access to school readi- lives of our children and beyond. That, way we used to with the earned-income ness programs such as Head Start. to me, is the responsible thing to do. tax credit. It rewards families that Low-income families will continue to Medicare is much tougher. Medicare work, a family making $30,000 a year. benefit from low-income home energy goes broke in 12 years—12 years. Why? This is not a whole lot more than the programs, LIHEAP. Because, lo and behold, today, 10,000 minimum wage, $3 or $4 more, maybe, The deal, the agreement, protects Americans reached the age of 65, and than the minimum wage but not a liv- funding for nutrition assistance for 10,000 reached that age yesterday and able wage, and they get significant tax women, infants, and children and pre- will tomorrow and for the next 10 or 15 credits. This is sort of what Friedman natal care, so we can have more years. The baby boomers have arrived. called a negative income tax, and this healthy babies and healthy moms. The We knew it was coming. But as they works so well for encouraging work in elderly, disabled, low-income families show up, their demands for services this country. and veterans will continue to receive that they have paid for and invested in We did that only for 5 years, while housing assistance. Over 88,000 Illi- throughout their working lives are bringing the estate tax up to a $5 mil- noisans will continue to receive the un- going to continue to grow. Those peo- lion exemption, which I thought was employment benefits I mentioned ear- ple who say: There is too much govern- far too generous because it is only paid lier, and Illinois businesses will benefit ment spending; we have to stop the by far fewer than 1 percent of the from more than $8.5 billion in con- government spending, I want to ask American people. That was made per- sumer spending by middle-class fami- them: So are you going to say to the manent while the earned-income tax lies, families spending more on goods millions of Americans who paid into credit was only made for 5 years. and services at a time when we des- Social Security for a lifetime, paid into The tax credit for college students, perately need this in our economy. Medicare for a lifetime, that we are for families, was so important in this Let me say one last word. I have been going to walk away from our obliga- legislation too. Much of what we did involved in this deficit discussion for a tions? Of course not. was simply ask the wealthy to pay a

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18544 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 January 1, 2013 little bit more, to bring tax rates, as that we don’t grow the economy by tax to explain. Any attempt that looks like the Presiding Officer knows, back to cuts for the rich and trickle-down eco- that, and we go back to the sticky the levels of the 1990s. nomics. We tried that in the last dec- word of ‘‘rich,’’ whom nobody is trying I think it is important to put this in ade. It didn’t work. We understand, his- to protect. a little historical perspective. In the torical evidence shows—and I think we I used to be in business. I used to be 1990s, tax rates were a little bit higher recognized it last night—by focusing on one of those small businessmen, and I for upper income people. We saw in the middle class, tax cuts for the mid- knew that at the end of the year, the those 8 years in the 1990s, from 1993 to dle class, investments in schools, and business would show a profit. Now, un- 2000—the Presiding Officer’s first year investments in infrastructure and un- fortunately, we couldn’t take the in the Senate, 1993, my first year in the employment insurance for people who money out of the business if we were House—we saw incredible economic have lost their job, keeping Social Se- going to continue to grow the business, growth. Wages went up for the average curity and Medicare strong, investing if we were going to bring on more peo- American, average Ohioan, average in college credits, and rewarding work ple. It also meant we needed to have Californian, average American. We saw through the earned-income tax credit, more product, and that meant we had 21 million private sector net jobs cre- we grow the economy from the middle to have more investment in the busi- ated, and President Clinton left office class out. That succeeded in the 1990s. ness. So the money we could have with the largest budget surplus in There were 20 million-plus new manu- taken out that showed as ‘‘profit’’ ac- American history. facturing jobs. Trickle down didn’t do tually went back into the business. We know what happened the next 8 so well the 10 years after. We kept saying: How can we have so years, where we saw very little eco- Now we are coming back and recog- little money when we make so much nomic growth, only about 1 million— nizing, with this overwhelming vote money? being generous—only about 1 million last night, both parties are recognizing Well, that is the position a lot of the private sector net jobs created in those we grow the economy from the middle small business men and women are in 8 years. class out. around this country. They are having In what hit my State particularly I think that is why last night was a to put all their money back into their hard, we saw a real decline in manufac- huge victory, surely, politically for the businesses. And I understand when peo- turing. From 2000 to 2010, we lost, in President. But what it was a victory ple say don’t protect the rich—those this country, net, 5 million manufac- for, truly, was a victory for the middle making $250,000 or $400,000 or $450,000, turing jobs—manufacturing jobs. class and a victory for those who want whatever the amount comes out to be— Maybe people who dress like this to join, aspire to the middle class, and but the person working in that busi- around here don’t think much about a victory for this country, for our econ- ness, probably making $30,000, $40,000, that. I know the Presiding Officer does omy, for our economic growth and for $50,000, or $60,000, says: If all I am mak- because her State is the No. 1 manufac- our future. ing is that amount and they are mak- turing State in the country. I yield the floor. ing $250,000, we really ought to tax It is especially important in my The ACTING PRESIDENT pro tem- them. You know, it is a fairness issue. State. We lost hundreds of thousands of pore. The Senator from Wyoming. But when it gets down to the point of manufacturing jobs. While we lost 5 f what they actually get to take out, million manufacturing jobs nationally, what their take-home is, it is a lot dif- tens of thousands—I believe 60,000 is RULES CHANGES ferent. They look really good on paper, the number—of manufacturing plants Mr. ENZI. Madam President, we are they look rich on paper, but the money closed in those 10 years. busy patting ourselves on the back for they get to take out is significantly But the good news is that since the avoiding the fiscal cliff. I don’t know less than that, and that is where the di- auto rescue, we have seen what is be- how much congratulations we ought to vide came in when trying to solve this ginning to be significant manufac- have for that. problem. Now, could it have been turing job growth, some 500,000 new Yesterday, I was buying some gro- solved? Yes, it could have been solved. manufacturing jobs since 2010. Almost ceries, and the guy at the checkout What we need to do around this insti- every month—not quite every month stand had no idea who I was and tution is to start legislating and stop but almost every month—an increase shouldn’t have. He said: What is going deal-making. We are a legislative body. in manufacturing jobs. We know what on, on Capitol Hill? What are those You can’t have 100 people involved in a a manufacturing job does in a commu- people doing? We ought to fire every- deal, and consequently we don’t. We nity. For workers earning $20 or $25 an body in Congress. They can’t get their have the group of 2, as in the case of hour, that worker is spending money in work done. We have to get our work this one, or a group of 4 or 6 or 9 or that community. That worker is buy- done. They don’t have to get their maybe as many as 12 getting together ing things, buying a home, buying a work done. and putting together some kind of car, putting people to work creating He made a good point. I am telling comprehensive package to put before jobs at restaurants and creating jobs at you, it is down to the level of grocery this body, and those who aren’t in the the hardware store. Those workers are store checkout people—and I suspect group are really kind of insulted by it. paying property taxes to hire teachers different levels than that, different oc- They do not make a big deal out of it and paying the local city income tax to cupations than that. Americans, be- because that has become the tradition, hire firefighters and police. So we cause they are kind of tuned in to the but that is not how it is supposed to know what manufacturing jobs do as news media, which is kind of an infor- work. we see that increase. mation media or an entertainment I have been there. I have gotten to In fact, since the auto rescue, in my media, built this fiscal cliff so it ap- legislate. It is one of the privileges of State, the unemployment rate went peared to be Niagara Falls with money this country. The main person with from 10.6 percent soon after the auto running over it. It is more of a gradual whom I legislated was Senator Ken- rescue sort of took effect, if you will, slope. But we have to stop the down- nedy. Senator Kennedy was considered and now the unemployment rate is ward slope we are on. It is important one of the most liberal people in the under 7 percent. It is not what it ought we do that. And this is a body that can Senate, and I have always been consid- to be, but I think that is what last do that. Congress can do that. ered one of the most conservative peo- night’s vote, ultimately, was a recogni- We conduct a war of words around ple in the Senate, but we were able to tion of; that the people here with this here—of this protecting the ‘‘rich’’— work together to get 38 bills out of 89-to-8 vote—89 votes yes, 8 votes no, and it sticks. You know, I don’t know committee and through this body, and with strong bipartisan support, which I of anybody who is trying to protect the the worst vote we ever got was 15 votes hope we see this afternoon in the rich. The problem comes with the defi- against. How did we do that? Well, we House—I think it was a recognition nition of ‘‘rich,’’ and that is a hard one didn’t try to solve the world’s problems

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18545 all in one bill. We took an issue at a people intensely interested in that par- lution for health care. I called it small time, and we found the common ticular bill preside and work and exert business health plans. The idea behind ground. We found what we could agree their efforts. That is where they want the bill was that small businesses could on, and that was usually about 80 per- to concentrate. get together through their association cent of the whole issue. That is pretty When a bill comes to committee, you or any way they wanted to, across good. can have maybe 200 or 300 amendments State lines, even nationwide, to form a We worked on issues that had been in committee, and the chairman and buying group big enough to take on the around here 10 or 12 or 15 years without the ranking member—that is the name biggest of the insurance companies. passing, having come to the floor nu- we give to the person with the most se- Think about that—the power to take merous times, and mainly what we did niority in the minority—can sit down on the biggest of the insurance compa- was we would sit down with the stake- together and sort through these nies. Yes, there was some opposition to holders, who were intensely interested amendments. Out of the 200, there are that—call it the insurance companies. in the bill, who had been lobbying on probably 100 that nobody in their right But many of them worked with us and that bill for years and years, and we mind would really offer. Out of the re- began to understand how they could would say to them: This is what we can maining ones, you will find there are participate in the process and then get. This is what we have to leave out. people on both sides who have very went along with it. It wasn’t compromise. Compromise is similar ideas on how to solve that One of the biggest insurance compa- when you give up half of what you be- problem, so you get those people to sit nies in the Nation had some ads out of lieve in, I give up half of what I believe down together and take a look at all Massachusetts opposing the bill, and in, and we wind up with something that the amendments that are similar to eventually that helped to keep the bill neither of us believes in. But common that one and see if they can’t come up from ever happening. But the biggest ground happens. There is common with a single amendment that will thing that kept the bill from hap- ground on every one of these issues, solve that part of the problem. And you pening—Mr. President, I ask unani- and that is what we have to find—the know what. They do. Now, it might not mous consent to speak for another 10 common ground. be 100 percent of what they want. It is minutes or the right to allow the Sen- So we would meet with these stake- probably, again, only 80 percent of ator from California to speak and then holders, and they would say: No, you what they want. But it is something on have it come back to me. are leaving out the most important which they can all agree. Mrs. BOXER. I am wondering if the part of this whole bill. This is what we Here is the really magnificent part Senator can finish in 5 minutes, and really want. that helps a bill get through com- then I would speak, and then he can If it was Senator Kennedy’s constitu- mittee: They can all say: It was my have more time. ency, he would have to make the com- idea. They can all go to the media and Mr. ENZI. Yes, just a couple more ment, and if it was mine, I would have put out the release that says they minutes. to make the comment: How long have solved this particular problem, and The PRESIDING OFFICER (Mr. you been working on this? that helps a lot around here. BROWN of Ohio). The Senator from Wy- They would say: We have been work- So committee work is extremely im- oming. ing on this for 10 years. portant, but when a bill comes out of Mr. ENZI. So on this small business I would say: How much of it have you committee, it is not perfect. When Sen- health plan, when it came to the floor, gotten? ator Kennedy and I were working the I had the unfortunate experience of Then they would say: Well, nothing. bills, we not only recognized they having Senator Frist setting a fili- I would say: Here is what we can get weren’t perfect, but we were able to buster and filling the tree. ‘‘Filling the for you. talk to those Members whose problems tree’’ means nobody can make another And I would outline it again, and I we weren’t able to solve by the time amendment to the bill. But here is the would say: Isn’t that better than noth- the amendment process came up in catch: After this came out of com- ing? committee, and we promised to work mittee, we got the people together who The light would come on, and they with them until the bill got to the had a problem with the bill, and we had would say: Oh, that would be good floor and not to take the bill to the one amendment that would have solved progress. floor until we had a solution to that those problems. With the tree filled, Then they would quit pushing problem or the right for them to offer that one amendment couldn’t come up. against us, and they would get to- an amendment. That helped a lot to That one amendment couldn’t happen. gether with us. get the bill out of committee. So what happened? We talked about It is amazing sometimes that the ad- Once a bill comes out of committee the bill and how it lacked this par- vocates for a bill are really sometimes in a bipartisan way—meaning people ticular part. I kept explaining how we the ones who are stopping the bill from from both sides of the aisle, Repub- had an amendment that would take happening, and it is over the issues— licans and Democrats and Independ- care of that. Everybody in the Chamber that 10 percent on each side, which ents, support the bill—then there is a knew that amendment was not going amounts to 20 percent—that we are not chance of bringing it to the floor and to happen, and consequently, on a proc- going to get resolved. There are some actually getting some time to debate. ess vote, it was killed with just over 40 basic values on both sides, and they are And the debate part is important. That votes. That is what happened with the important to both sides and they are is kind of where we bring America filibuster. Had that amendment been both right, but they are not common along. There is coverage during the possible, we would have had one of the ground. committee process, but that is a little things in place for health care—just But this is where we have to go. We harder to follow. The debate here on one, but it would have solved a lot of have to get to common ground again, the floor is where we bring America things for a lot of businesses, and that and the way we do that is by legis- along on whatever ideas we have, and is where a lot of people work in this lating. We put out a bill that is 80 per- so the debate here is very important. country, and that is where jobs are. cent of the whole issue, not 100 percent Over time, there has been this proc- So that is how we can do this job of of the whole issue because that is com- ess where the leaders have invented legislating. prehensive. We need to put out the 80 some things that actually concentrate My second story would be—and this percent both sides agree on and then the power in the hands of the leaders one is much shorter—about the year allow amendments on it. That is some- rather than the body as a whole, and Senator HARKIN and I brought an FDA thing we haven’t been doing around that is the filibuster process, and that bill to the floor. When it got to the here for a long time. filibuster process can be manufactured. floor, we explained to the leader that First of all, a bill needs to go to com- I have to tell a couple of stories. One there were going to be 14 amend- mittee. The committee is where the bill I worked on around here had a so- ments—8 of them would be brought up

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18546 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 January 1, 2013 and would fail, and the other 6 would erything. They have a program. The Believe me, in the past I haven’t been be withdrawn. A week later we finally other party opposition has a program. the biggest fan of the auto industry for got to start on the amendments for There may be other parties as well but California because I believed they that bill. There was worry that there two major parties. One of them gets weren’t producing the cleanest cars would be some extraneous ones thrown elected, they put together a coalition, they could, the most fuel economy cars in. We already had agreement, I guess they have discipline, they have a pro- they could. I believed they were miss- you could say, from the most conserv- gram. They don’t have to sit down with ing out on an opportunity. But let me ative and most liberal from each of our people they don’t see eye to eye with. tell you, when I was faced with the sides that they would not bring up the They just have to get together and pass issue of whether to let them go bank- peripheral amendments, and they the program. If the people don’t like it, rupt or stand and give them a chance, didn’t. So a week later, when we finally there is a vote of confidence and out I chose that chance. And I am proud got to start to vote—and we could have they go and in comes the opposition. that I did it, and I am proud of this done that the same day, although we They have a channel. That is not the Congress for doing it. I am proud of finished up in a day and a half—we had American system. Our system is much this President for leading the way. eight amendments that got defeated more difficult in so many ways. So That was a critical vote. And this vote and six amendments that were with- many of us are so passionate on so this morning, I believe, was a critical drawn. So we wound up exactly where many issues and believe so strongly, vote if we really wanted to keep this we knew we were going to be, and the and yet we know we have to com- economy moving forward. bill passed here 96 to 1. promise, as Senator ENZI has said. A lot of people say: How did Presi- That is how the committee process When I sat down with Senator INHOFE dent Obama ever win with that unem- can work, and that is how not having a on the Transportation bill—and I will ployment rate so high? All the histo- filibuster can work, and that is what be doing it now with Senator VITTER on rians were saying it was never going to we need to get back to. We need to be the WRDA bill—the water resources happen because it has never happened. legislating, not deal-making. And I will bill—I laid out the five things I cared Well, I will tell you why I believe it talk later about some of the deal-mak- most about, he laid out the five things happened. I believe people understood ing, and we have seen that with the he cared most about, and, to be honest, what we went through, what we suf- cliff process. there were only a couple things that fered through, what he inherited, not I yield the floor. matched. So we started with those to mention two wars on a credit card The PRESIDING OFFICER. The Sen- things, and then we met each other in that he had to end. So I think people ator from California. the middle with the rest. Then the Sen- understood this. We don’t give the peo- Mrs. BOXER. Mr. President, I would ate had a chance to work its will. ple enough credit. They got it. They like to say to Senator ENZI that I agree When the bill got over to the House, understood it. And I hope they realize with so much of what he said. Our it was stuck. It was trapped. We all this President has led us to this point, being here on New Year’s Eve, some of went over there, all of us together on a with the Vice President, with Senator us without our families, is nothing to bipartisan team, to speak to Speaker MCCONNELL, with Senator REID, to be proud of, and having been able to do BOEHNER and Chairman MICA and say: move this economy forward. our work through the committee sys- OK, let’s get it done. And we did. So it Let me tell you very quickly why it tem, I think he made a very good can get done. is so important to my home State. A point. THE FISCAL CLIFF lot of my colleagues roll their eyes ENZI and Kennedy were quite a team; But we are where we are, where we when I tell them we have 38 million BAUCUS and GRASSLEY had their suc- are. This morning we had a choice, and, people in California. My friend from cesses; LEVIN and MCCAIN recently had frankly, I was proud to see the over- Wyoming, how many people in Wyo- their success on the Defense bill, with whelming vote we had. It was amazing, ming? There are 562,785, and we have 38 lots of amendments; BOXER and INHOFE 89 to 8. I don’t know what motivated million people. All right? on the Transportation bill. I can tell every colleague; I only know what mo- I want to tell you what it means that you, you couldn’t find two people more tivated me to believe this was an im- we voted the way we did. It means different, and yet Senator INHOFE and I portant ‘‘aye’’ vote for me to cast. 400,000 people this morning will lose were able to do that work and get that I will never forget this recession that their unemployment insurance unless done and protect 2 to 3 million jobs. we are just coming out of now, the the House acts. If the House acts as we And also STABENOW and ROBERTS in the worst recession since the Great Depres- did, they will not lose it. Agriculture Committee. sion. As Treasury Secretary Hank What does this mean to people, So my friend is absolutely right; we Paulson—who put his head in his hands 400,000 of them? As my friend, the Pre- can do this in the right way and not and was overwhelmed with what he ac- siding Officer—who is so good on eco- have to be here in the middle of the tually called the potential collapse of nomics—knows, there is a multiplier night. I don’t think that is anything to capitalism. That is what we faced. effect. For every dollar we give in un- be proud of. However, I do believe what We have short memories here because employment benefits, we get a bang for we did early this morning was right our lives are so filled with fast-moving the buck $1.42 in the community be- and very important. I think Senators events every day. Some of them are cause the people on unemployment DURBIN and BROWN laid it out as to why wonderful, some of them are awful, spend it because they are out of work. that vote was so critically important: some of them lift up our hearts, some They are about to lose this help. We It protected our families, it gave cer- of them break our hearts. So we don’t need to help them, and in this package tainty to our businesses, and it keeps remember the things that happened a we did—2 million nationwide, 600,000 this economy moving forward. All this couple years ago. jobs at stake from the multiplier ef- is true if the House passes this bill. When President Obama took over fect, and in my State 400,000 people. Al- As Senator ENZI said so eloquently after a very lifeless economy, as my most as many people as reside in the and in such a straightforward fashion, friend Senator BROWN said, where only State of Wyoming were about to lose this is a deal. Each of us could write 1 million jobs were being created— their unemployment insurance. Imag- our own deal, and each of us would be maybe not even that many—in the pri- ine—almost that. so much happier with a deal that we vate sector over an 8-year period, and I ask for an additional 5 minutes. personally could write. But that is not suddenly there was a collapse brought The PRESIDING OFFICER. Without the way it is. We are not a parliamen- on by the greed of Wall Street and ma- objection, it is so ordered. tary system where one party controls nipulation of securities dealing with Mrs. BOXER. So when we talk about everything. housing—a crash, a nightmare, and we our vote this morning, it is not a In a parliamentary system that we were losing 800,000 a month. Then the wonky discussion. It is real people. see in Europe, one party controls ev- auto industry was on its knees. Five million Californians are about to

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18547 get trapped into the AMT problem, the It gives certainty, and certainty is floor—perhaps the President’s pro- alternative minimum tax, which was critical. We will not go back. We will posal—and both sides had been able to set up for a very fair reason. I wasn’t not take billions and billions of dollars do amendments to it, even multiple here at that time, but I remember out of this economy. We can’t do that amendments on the same topic, like reading about millionaires getting now. the Department of Defense bill. We did away with paying no taxes because we I would say to my conservative 119 amendments in a day and a half or had no alternative minimum. They friends over there: Now it is the first of 2 days. What if that had happened on took advantage of the Tax Code, got the year. You are actually cutting this bill? Would we have been able to their deductions, and paid nothing. We taxes now because as of today they come up with a package that would, I put it in place, but it is imperfect. We went up. So you could take credit for suspect, be very similar to what we had to fix it to make sure it doesn’t cutting taxes. passed last night but done it with ev- catch the middle class—5 million of my I just hope and pray that the House erybody participating, everybody un- people. will do the right thing; that Democrats derstanding, the American public So this is like a partridge in a pear and Republicans will come together as thinking that Congress is actually get- tree in a way: 400,000 people would have Americans and put the country first. I ting something done? That would be a lost their unemployment compensa- believe they will do this. I pray they huge relief. I think we could have done tion; 5 million would be caught in the will do this. that with an open amendment process, alternative minimum tax, which would I yield the floor. limiting it probably to relevant amend- have been an extra in taxes right there; The PRESIDING OFFICER. The Sen- ments. and 15 million would have seen their ator from Wyoming is recognized. There are a lot of different things tax rates go up on average of $2,200. Mr. ENZI. Mr. President, I want to people would like to bring up because This bill we voted for this morning join the Senator from California in the they don’t know any other way they had real consequences, and I know a lot hope that the House will pass the bill are going to get votes, but I keep re- of people are worried about the future that was sent over from the Senate last minding my colleagues that when you and what is coming down in 30 days, 60 night. It was a tremendous amount of bring up one of those irrelevant amend- days, and 90 days—and I worry too. But effort that was put into it by a number ments, it might make it into the bill, I have been around here long enough to of people over a number of days and but it will be pulled out in conference know it isn’t going to get better if we weeks, and I think it is the best answer committee. You still did not win any- put this off until then and we have that we could come up with at this thing. I guess you could make a big twice as many issues on our plates to point in time. press release about how you got that deal with. I particularly want to thank Leader into the bill to begin with, but it is not So I believe what we did this morn- MCCONNELL and Vice President BIDEN in the bill. ing—and my voice is going because it for working numerous hours; starting, I want to talk today about the ques- was a very difficult and emotional day again, yesterday morning at 6:45 and tions I hear from Americans who say: for all of us, some being away from winding up with something late last Why can’t politicians in Washington their families for the first time. I know night, more than 12 hours later, over get along? Why is there this gridlock? my friend from Rhode Island and I the last two issues, as I understand it. Those are questions folks outside the beltway have been asking, but, like talked about it. It wasn’t easy, but we And, yes, I am glad that AMT was may questions, the answer is involved. know what we are doing here is crit- fixed. I would remind everybody that For many, including President Obama ical. We are not proud of the fact that AMT is the last effort we had to tax it took us this long to get it done. and Senate Majority Leader REID, it is the rich, and it backfired to where it I agree with my friend from Wyo- easy and strategic to oversimplify the now taxes everybody or almost every- ming. It is nothing to be proud of, but answer. They have identified GOP Sen- body. So it desperately needed a fix. it is important what we did. We have ators as the culprits and the filibuster Now we are talking about taxing the certainty for businesses that depend as the instrument. But as one of those rich again, and I hope we can come up upon consumerism. We have an econ- GOP Senators, let me give you my side with some collective ways that will be omy that is driven by consumer activ- of the story. ity, about 70 percent of it. Now the certain for the people who are rich and What I think people are missing and business community knows—if the that it will last over time instead of what some of the majority wants you House acts. I have to keep reminding just for a few short years. to miss is why a filibuster happens. myself it is not done. If the House acts, In my area of the world, the biggest You do not hear this from the majority we will give certainty to our families, thing in that bill was the estate tax. leader, but for the last few years many to our businesses, to our low-income People who own land in Wyoming that filibusters in the Senate have been de- people who depend upon refundable tax they bought maybe at $40 an acre now signed and instigated by him; they credits, to our energy community that have land that is worth $2,000 an acre have not been through the committee relies on energy tax breaks to keep on or more, and they haven’t figured out process. moving and keep on producing. how to pay the taxes on these few acres Here is how it works. He has a bill So I don’t want to see economic they were able to scrape together over that is popular with his party and growth derailed. It was too hard and a period of time if the amount of the whose title really sounds great. He painful to sit through this very dif- exemption went down to $1 million, knows many of those on our side, the ficult economic recovery inch by inch, and that is where we were headed. At $1 minority, would actually agree with every day hoping we would push for- million, they would have to sell off many parts of the bill, but we would ward despite the odds. We had the eco- part of the ranch or part of the farm in want votes on the items that could po- nomic crisis in New York that weighed order to pay the taxes when somebody tentially be politically embarrassing. on us as well. died. All the time that land is making In order to avoid these votes, he skips Well, what we did this morning was a profit people are paying taxes on it. the committee of jurisdiction and important. So I want to close by saying Then when they die, they would have brings the bill directly to the Senate this to my friends in the House, all of to pay taxes on something they would floor. Then he uses an arcane Senate them—Democrats, Republican, lib- like to keep and continue in operation. parliamentary procedure—he files for erals, and conservatives—this is not So the estate tax piece of that was a cloture and fills the amendment tree. the perfect deal. We all know it. Each very important part for a lot of Amer- That means he prevents amendments of us can find a piece of it that we real- ica, and not just the ones where people on the Senate floor, and often because ly, really don’t like. But on the whole are land rich and dollar poor. he believes they might be embarrassing it will give certainty to this economy. Of course, I keep wondering what for Members on his side. In many cases, many of the provi- would have happened if a month ago a Our majority leader is no slouch; he sions are permanent, such as the AMT. basic bill would have been put on the picks bills with great titles that on the

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18548 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 January 1, 2013 surface anyone could support—anyone. bill down to try to get that agreement. It is like adding lemon to a recipe that Remember, most of these have not The majority still does not have to is already too sour. We do not need a been to committee. Who could possibly agree, and if they have 60 votes, they new recipe. We do not need to change be against students or veterans or sen- can move ahead. If they do not have 60 the rule as the majority is proposing. iors or women? The problem for the mi- votes, it has to be at least a little bit We need to use the great system that nority is that within these great- bipartisan—just a little bit. has been in place for hundreds of years. sounding bills is usually something The real point gets lost in all this; Even now, we get glimpses of it work- that deep down, philosophically in our that is, to be effective, Congress has 535 ing. bones, many just cannot accept. An ex- people looking at every proposal—lots If the majority leader and those ad- ample would be tying a woman’s health of viewpoints, lots of experience. If all vocating for the weakening of the fili- care to a mandatory public funding of the decisions are going to be made by buster were in the minority, they abortions or adding gun control to an the majority leader, how does every would speak out against it. In fact, otherwise acceptable crime bill. These American’s elected leader get to rep- they did. In 2005, when he was in the are poison pills that the majority resent his or her constituents? The minority, the GOP started talking knows the minority won’t swallow. people back home who put their faith about challenging the filibuster, and Best of all politically for the majority, in their Senators expect to be rep- Senator REID warned of grave con- the minority gets blamed for filibus- resented by their Senators, not a party sequences. I want to quote Senator tering and the majority leadership or a majority leader who does not REID. know them as their own Senators do. looks like the hero fighting hard for The time has come for those Senators of The majority leader has used the fili- the cause. That is how a filibuster can the majority to decide where they stand, be initiated by the majority leader to buster count to effectively falsely whether they will abide by the rules of the make the minority look like obstruc- claim obstruction by Republicans. Re- Senate or break the rules for the first time tionists. member, you can manufacture a fili- in 217 years. . . . Will they support the If the majority party brings up a bill buster. Now he wants to weaken the checks and balances established by the containing a poison pill, even though filibuster further. That may happen Founding Fathers? the bill has a great title, they should the day after tomorrow. That is dam- That is a quote from the majority not expect the other party to swallow aging America’s faith in Congress. leader. He asked if the majority would the poison pill without using every That is damaging what the Senator ‘‘silence the minority in the Senate delay tactic possible. In fact, they from California said was one of the and remove the last check we have in don’t expect the minority to go along, basic principles of this body. There are Washington against this abuse of and they use it to their full political already filibuster rules. If used, they power.’’ That is a quote from leader would make those objecting spend time advantage. HARRY REID. I hope he will follow his Those of us on this side in the minor- on the floor explaining themselves, ac- own advice and that that will not be a ity have been seeing bill after bill that tually talking. That already exists, and part of the problem right after we did not even go through committee, in a very limited way, each Senator swear in the new Members this next with great titles, containing poison has the right to 1 hour of debate during week. pills, come to the floor directly. We a filibuster—1 hour. They can have I hope the institution of the Senate were not assured even of a vote to try other people cede their hours to them, will continue to be a Senate. I hope we to take the pill out even though the but it is still a very limited amount. At will have more of a committee process any point, if there is not somebody on majority had sufficient votes to ensure where people can work out the things the floor to take more of that hour, the the poison pill would stay in. That is there are difficulties with and bring a Presiding Officer can end that part of the meaning of majority—enough votes more consolidated, more comprehen- the filibuster. So there are already to always win. If you can always win, sive, less compromising area between ways to shorten the delay involved, but why stop the vote? So stopping the which neither of them believe that will they are not being used. right to vote should and has resulted in get to the floor and then have an open Using current rules would be much amendment process on the floor, and I a filibuster. better than breaking the rules for the The big, dirty, not-so-secret secret is guarantee things will happen faster first time in order to change the rules. that a filibuster can be controlled by than they have been in the Senate. We have never done that. It has been Holding up things a week or 2 weeks the majority leader. If the leader threatened once before. It did not hap- while we go through the whole fili- agrees to allow an open amendment pen. I hope it does not happen during buster process is a waste of our time. process, permission to proceed would the time I am in the Senate. Breaking Amendments are not a waste of our be a formality, and work could start the rules to change the rules is not the time. I hope we get back to that sys- immediately. That is what happened way of the Senate for the history of the tem. with the Department of Defense au- Senate. thorization we just finished. It was a I know there are amendments on I yield the floor. fresh breeze through what the majority which the majority does not want to The PRESIDING OFFICER. The Sen- has turned into a stale Senate. We have a recorded vote. That would put ator from Rhode Island is recognized. worked through more than 100 amend- his Members on record. But that is the Mr. WHITEHOUSE. Mr. President, I ments in short order. But if no agree- price for being in the majority. I think have the greatest respect for the Sen- ment to an open amendment process is our side would like to be in the major- ator from Wyoming and considerable agreed to before starting the bill, the ity and have to take those kinds of affection. Indeed, he is my ranking minority has to believe their amend- votes. They are putting us on record member on the HELP Committee, and ments will be blocked. without the poison bill being obvious he has been kind enough to offer his The majority can vote down any pro- in the vote. All we are voting on is a perspective on this question of the posal it does not like and with a mo- bill title. That is the way the people of rules change. I will reciprocate by of- tion to table can do it quickly. Let me America looked at it, and it worked fering my perspective. say that again. With a motion to table, very well in the last election. We were in the caucus the other day. they can do it quickly, they can actu- Going all out to avoid votes is silenc- Our leader reported that during the ally limit debate. That is why the mi- ing the voices of millions of Americans time Lyndon Johnson was the majority nority has been filibustering on mo- and tearing down the institution of the leader, which was a very active and dis- tions to proceed and also why the ma- Senate and eliminating transparency. putatious time in the Senate, he faced jority leader wants to end that process. The media usually demands trans- one filibuster, and Leader REID re- Delaying action on motions to proceed parency. This hides transparency. ported that he had faced 391, I think is our best chance to ensure an open The proposal to weaken the filibuster was the number he used. So clearly the amendment process. We can slow the would only hasten the Senate’s decline. use of the filibuster as measured by the

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18549 number of cloture motions is com- confirm—that there has been really of the day. What I am here to address pletely out of control. nothing like it. is never the topic of the day. It is the The Senator from Wyoming correctly f unmentionable issue; that is, climate points out that filling the tree is a change. It is so apparent now that challenge to the minority, but I be- EXTENSION OF MORNING changes in our climate and in our envi- lieve, if I recall correctly—I was plan- BUSINESS ronment are occurring from pole to ning to speak on something else, and I Mr. WHITEHOUSE. Mr. President, I pole and from the height of our atmos- don’t have the numbers exactly accu- ask unanimous consent that the period phere to the depths of our oceans. The rate at hand—I believe the number of for morning business for debate only be overwhelming majority of scientific re- times the tree has been filled is some- extended until 5 p.m., with Senators to search, indeed statistically the now thing like 70. So there is a huge dis- speak up to 10 minutes each. virtually unanimous scientific view, parity between the number of times The PRESIDING OFFICER. Is there indicates that all these observed the majority leader has filled the tree objection? changes in the Earth’s atmosphere are and the number of times he has been Without objection, it is so ordered. the direct result of human activity— forced to file cloture. Mr. WHITEHOUSE. Mr. President, I specifically the emission of carbon di- The reason is that very often there is ask to speak for 15 minutes but prob- oxide from our burning of fossil fuels. not agreement on amendments. While ably not that long. If we continue with these destructive on a major bill, an open amendment The PRESIDING OFFICER. Without levels of carbon pollution, carbon process is good, I believe, and we have objection, it is so ordered. change will not just alter our environ- seen examples of that recently on this ment, it will alter our economy. Very floor—Senator MCCAIN and his work on f often discussions in Washington steer the Armed Services bill, along with FISCAL CLIFF away from things that have to do with Senator LEVIN, is an example—there environment and the health and enjoy- Mr. WHITEHOUSE. Mr. President, I are also times when filibuster by ment of human beings of the natural will speak off the topic of the day. Ob- amendment takes place and it becomes world and instead it comes down to viously, we are focused on the fiscal abusive. money, as it so often does in this town. I can remember sitting in the chair cliff. The measure is now over in the Let’s talk about climate change in where the distinguished Senator from House, and the distinguished Senator the context of money. Markets and Ohio is now sitting and watching Sen- from Wyoming and the senior Senator businesses across this country have de- ator Kennedy on the floor. He had a from California expressed their hope— veloped to fit the prevailing environ- bill that would raise the minimum and I would say confidence—that the mental conditions in their different re- wage. We often get big, fat bills on the House will act. Given the dysfunction gions of the United States. These mar- floor. This was a bill that I think was of the House and its Republican leader- kets and these businesses are going to literally one page. It was the smallest, ship, I am perhaps a little bit more face real challenges when our climate shortest bill because it was just chang- cautious than they are about this. changes those prevailing conditions. ing a number, basically. I remember that we did a very good Whether it is higher sea levels, strong- Hundreds of amendments—literally bipartisan highway bill here. It passed er storms, warmer winters or dryer hundreds of amendments had been filed with an enormous vote of 70-some, if I summers, no State and no economy against it. When the majority leader is remember correctly, and went over to will be unaffected by climate change. faced with that—many of them were the House. They could not even pass a We are already seeing real-life exam- completely nongermane and not rel- highway bill. They had no bill at all. ples of economic consequences of a rap- evant—when the majority leader is They got so snarled up that finally idly changing environment. The Eco- faced with a circumstance where hun- they passed a bill that did nothing but nomic Research Service of the U.S. De- dreds of amendments are filed on a to appoint conferees to argue about our partment of Agriculture reported that small bill like that, it is easy to see bill. They could not bring a bill of their 80 percent of American agricultural why you have to move forward by try- own into conference. land is experiencing drought, making ing to limit the time because the whole We worked very hard on a farm bill this the most expensive drought since rest of the session could have been de- here. It was a bipartisan farm bill. Sen- the 1950s—more than half a century voted to that bill if you can’t get con- ator STABENOW was particularly ener- ago. Last month, Deutsche Bank Secu- trol. If you can’t get an agreement— getic in that, as was her colleague from rities estimated that the drought will and very often, agreement is withheld Kansas. Again, that was a bipartisan reduce 2012 economic growth in the as to a fixed number of amendments— bill, which required a lot of hard work United States by one-half to 1 percent. then you have no choice but to take and had many compromises. We are in Shipping on the Mississippi River has your best shot with the bill by filling a terrible drought—which is something been reduced and may stop in areas the tree. I will talk about more in a moment— where drought has left water levels too Even if I am right that the number is and they cannot pass the farm bill over low for safe passage. The American Wa- 70, I contend that the number of what there. terways Operators and the Waterways the minority might consider a mali- The Speaker tried to respond to hav- Council estimate that $7 billion worth cious filling of the tree might be a ing withdrawn from his negotiations of commodities are supposed to ship on number considerably smaller than 70. with the President on the fiscal cliff by the Mississippi in December and Janu- Many of them might be made necessary coming up with a new so-called Plan B ary alone. An interruption of that by the actions of the minority by offer- alternative. He could not even get that would have a considerable economic ef- ing hundreds of amendments and by re- through his caucus. There is an unprec- fect. The U.S. Army Corps of Engineers fusing to enter into agreements to offer edented degree of extremism and dys- has begun a $10 million project to clear a reasonable number. function in the House Republican cau- rocks from the waterway to prevent I think it is a problem, but I think on cus, and I hope that does not disrupt that shutdown. The other option is to balance I stand by the view I have ex- the progress we have made on the fiscal release water from the Missouri River, pressed before that there is an unprece- cliff. We will have to wait and see. but that would just draw down water dented level of obstruction in this Today will tell. supplies in upriver States that are al- body, and I say that with some humil- f ready suffering from drought them- ity because the distinguished Senator selves, such as Montana, Nebraska, and from Wyoming has been here a bit CLIMATE CHANGE North Dakota. longer. I have been here only for 6 Mr. WHITEHOUSE. What I am here Water is also essential for power gen- years. But that is what people who to talk about is not the topic of the eration. According to the U.S. Geologi- have been here for many, many years day because the fiscal cliff is the topic cal Survey, powerplants account for

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18550 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 January 1, 2013 nearly half the daily water withdrawn 2008. Wild oyster stocks in Washington ern States. One small business owner in the United States. Drought and heat State also failed under the stress of in Salmon, ID, claimed she had nothing go hand in hand to push powerplants that more acidic water. This is an in- but cancellations as a result of the toward shutdown. A 2008 drought put dustry worth about $73 million annu- fires. several powerplants in the Southeast ally along our Pacific coast, and it is The New York Times has reported within days or weeks of shutting down. faced with the threats from climate that the declining snowfall and unsea- Texas, California, and the Midwest now change. sonably warm weather had been a drag face a similar challenge with drought The pteropod, which is also known as on winter sports and recreational tour- stressing their power production. the sea butterfly, will be harmed by ism last winter. The reported forecast In the Northeast, it is not low water ocean acidification. The pteropod is a is that before the end of the century, but warm water that caused the shut- humble beast. It is a tiny aquatic snail. the number of economically viable ski down of Unit 2 at the Millstone power- Nobody goes fishing for pteropods, so locations in New Hampshire and Maine plant in Connecticut. The temperature who the heck cares? Salmon care. In- will be cut in half. Skiing in New York of the water in Long Island Sound, deed, 47 percent of the diet of some Pa- will be cut by three-quarters, and there from which the plant draws its cooling cific salmon species is pteropods. The will be no ski area in Connecticut or supply, climbed to over 75 degrees salmon fisheries which support coastal Massachusetts. That will have an eco- Fahrenheit this summer—too warm for jobs and economies care an awful lot nomic effect. cooling the Newark reactor. Of course, about the salmon. Looking back West again, the Park the cost to our economy of disruptions Extreme weather events such as City Foundation in Utah predicted an in our power supply is particularly storm surges have become more fre- annual local temperature increase of high during warm weather, when en- quent as our climate and oceans warm. 6.8 degrees Fahrenheit by 2075, which ergy use is at its height to run air-con- Extreme storms such as that are par- would cause a total loss of snowpack in ditioners. ticularly hard on shell fisheries. The the Park City resort area. The Park Scientists tell us the droughts and National Oceanic and Atmospheric Ad- City Foundation report estimates this heat waves will get worse and water ministration reported that ‘‘because will result in thousands of lost jobs, temperature will continue to increase. oysters require two or more years to tens of millions in lost earnings, and Agriculture, shipping, and power indus- grow to marketable size, full recovery hundreds of millions in lost economic tries will be operated under new base- from . . . hurricanes may take years, output to Utah. Ominously, in Colo- line environmental conditions. and some oyster habitats may be lost rado the ski season was pushed back at Warmer oceans, ocean acidification, permanently.’’ National Geographic least a week this winter for lack of and extreme weather events create an noted that after Hurricane Katrina, 90 snow. obvious threat for our fishery indus- percent of Mississippi’s oyster beds and I am sure my colleagues on both tries and the marine trades they sup- 74 percent of Louisiana’s oyster beds sides of the political aisle, whether port. It is not just the fishermen who were destroyed. Just this fall, Hurri- from coastal, agricultural or mountain are affected but the people who repair cane Sandy disrupted shellfisheries all States, feel the concern for their their engines and nets, sell them equip- along the east coast. State’s economy as I do for Rhode Is- ment and gear, as well as the compa- Coastal economies, such as in my land. To protect these economies, we home State of Rhode Island, are nies that buy and process their catch will all have to act prudently, and that threatened in other ways by sea-level are affected. means waking up and addressing cli- rise and extreme storms. The Rhode Is- In my home State of Rhode Island, mate change head on in Congress. The land economic development Council average coastal water temperature has majority of Americans of all political notes that tourism in Rhode Island is risen by 4 degrees over the past two affiliations accepts the science behind at the absolute center of our summer decades, affecting our historic fish climate change. Yet Congress refuses economy. People from all across the stocks and hurting local fishermen. It to act. Nation come to Rhode Island in the is not just in Rhode Island where the There is a consensus among sci- summer to enjoy our beautiful beaches, seas are changing. To use another ex- entists where around 98 percent—the our sparkling bay, sail, and participate ample, rising ocean temperatures and other day I came with a circle graph in all the beachside activities. Damage acidity threaten corals, which, as well which showed a tiny little wedge of to that economy would be very signifi- as being a cornerstone of ocean bio- fringe dispute on this question is bare- cant. diversity—but never mind, this is sup- We are rebuilding from Hurricane ly visible in the sea of agreement. Yet posed to be a speech about the money— Sandy so we will be ready when our Congress refuses to act. Even after the coral reefs are a mainstay of Flor- beach visitors come this summer, but hearing from our national security offi- ida’s water and boating industry. Peo- it is a reminder of how important that cials about the dangers and threats ple go there to snorkel, scuba dive, and economy is to Rhode Island, and it is a from climate change, Congress refuses see the corals. If the corals are not reminder of how vulnerable it is to ex- to act. there, it is going to affect those indus- treme weather. That refusal to act will have an im- tries. Let’s turn to the West, where by Au- pact on the American economy. A The increasing acidification of ocean gust of this year more than 6 million Brookings report has found that well- water driven by the rising carbon diox- acres had burned in wildfires. A new designed climate legislation would in- ide in the atmosphere lowers the analysis by NASA predicts that by the crease investment, increase employ- ocean’s saturation levels of calcium middle of the century we can expect to ment, and significantly increase Amer- carbonate. That sounds boring. Who match the severity of 2012 fires every 3 ica’s gross domestic product, but here the heck cares about the ocean satura- to 5 years. It is going to become com- in Congress we are more likely to hear tion levels of calcium carbonate? Cal- monplace. that any climate change legislation cium carbonate is the fundamental A recent study by the University of would hurt the economy and kill jobs. building block of the shells of aquatic Oregon—and I see the Senator from Or- The opposite is true. We are missing species such as oysters, crabs, and lob- egon on the floor—found that large opportunities to grow a clean economy sters. Fisheries we actually do care a wildfires caused long-term instability that is manufacturing and export in- lot about, even if we may not care in local labor markets. Increased local tensive and that creates the kinds of about calcium carbonate. It is the spending fighting the fires is not jobs that support a strong American basic building block of the plankton enough to outweigh the economic loss middle class. We are failing to protect that comprise the very base of the food caused by the disruption of businesses against carbon pollution that will web. Ocean acidification caused 70- to and damage to property from the fire. harm our States’ economies all across 80-percent losses of oyster larvae at an In August, Reuters reported that the country, and we are failing to take ocean hatchery in Oregon from 2006 to wildfires were hurting tourism in West- prudent steps to protect ourselves

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18551 against the coming changes from our laid out a path that requires us to do Others proposed that instead of mak- carbon pollutants that have now be- substantial additional work in order to ing the cost-of-living provision in So- come unavoidable. With the carbons up avoid having that path be one that cial Security match better what sen- in the air, the changes are going to leads us into a thicket. iors buy, they proposed making it happen. We can’t stop those. We need First, we do not pass this bill if the match less well what seniors buy, sav- to prepare for them, and we are failing House does not get it done. It is being ing money by inaccurately estimating to take those prudent steps. Those of considered by the House right now. the impacts of cost-of-living increases. us on the east coast who weathered Then there would be a very good prob- It is important to recognize that nei- Sandy have gotten a preview of coming ability, economists estimate, that the ther of these elements that would have attractions as the oceans continue to economy would turn down in the com- attacked the benefits of Medicare and warm and extreme storms become ing year by somewhere in the range of Social Security was in the bill last more common. about 2 to 3 percent, and so we would night. Those programs were not on the As I said before, here in Congress we go into a recession. That means living table. are sleepwalking through history. We wage jobs for American families would Because we needed to avert a reces- are lulled by the narcotic of corporate disappear. That is an enormous amount sion, because we needed to make sure money from the polluters and from of hardship, and this is a self-inflicted we did not slash unemployment, cut their allies, we are ignoring the sci- political wound. So it was important to people off at the knees overnight, entific facts, and we are refusing to pass that bill last night to avoid that. block folks from being able to get in The second is that one of the imme- awaken to the many ringing alarms the door of their doctor’s office, and be- diate impacts would have been the end that nature is now sounding. I hope we cause the bill did not do some of the of unemployment insurance for a huge can soon find a way to correct this things that would have been 100 per- number of families across this country. grievous folly and omission. cent unacceptable, it merited support In Oregon, it would be about 30,000 fam- I yield the floor. last night in this Chamber. I say last ilies immediately terminated from un- Mr. ENZI. Mr. President, I suggest night, but it was actually in the early employment insurance, and in the the absence of a quorum. hours of this morning, the first day of course of January it would be another The PRESIDING OFFICER (Mr. 2013. 10,000 families. So if you can imagine a MERKLEY). The clerk will call the roll. I supported this bill, but I have grave bill that would have directly impacted The bill clerk proceeded to call the concerns about certain elements. This the ability of 40,000 Oregon families to roll. bill essentially adopted 90 percent-plus pay their car payments, to pay their Mr. MERKLEY. Mr. President, I ask of the Bush tax cuts. Unless we con- rent, to pay their heating bills in the unanimous consent that the order for tinue to wrestle with the fact that rev- middle of winter, that was the bill we enue is at a historic low in this coun- the quorum call be rescinded. were considering last night. It is a very try and the gap between revenue and The PRESIDING OFFICER (Mr. big reason why it is important that it spending is very high, we are laying BROWN of Ohio). Without objection, it pass. is so ordered. In addition, the bill we addressed last out a path for structural deficits as far f night adjusted the rates in terms of the as the eye can see. That is not in the compensation to doctors under Medi- best interests of this country. EXTENSION OF MORNING Folks who are well off got a very BUSINESS care, called the doc fix. If the doc fix did not get adopted, and we had rough- good deal last night—a very low tax on Mr. MERKLEY. Mr. President, I ask ly a 25-percent reduction in payments, capital gains, a huge loophole in the es- unanimous consent the period for then what we would see is that folks tate tax, a very low tax on dividends, morning business for debate only be ex- would have a very difficult time get- and only the very top tax bracket for tended until 6 p.m., with Senators per- ting in the door of a doctor’s office. We the most wealthy among us was mitted to speak for up to 10 minutes don’t really have a Medicare plan if we touched at all. It was not the $250,000 each. can’t get in the door of a doctor’s of- level President Obama had said he was The PRESIDING OFFICER. Without fice, and we don’t really have medical fighting for, it was $400,000-plus. There objection, it is so ordered. care at all if we can’t get in the door of are not many folks who are at that Mr. MERKLEY. Mr. President, I sug- a doctor’s office. So it is important level, and only that top bracket was gest the absence of a quorum. that we address that—again, affecting touched. If you are very well off in The PRESIDING OFFICER. The thousands of people in my home State America, you got a very good deal last clerk will call the roll. of Oregon. night, but America got a big problem, The legislative clerk proceeded to In addition, there was a lot of con- which is the potential for enduring call the roll. cern that this fiscal cliff bill would do deficits, structural deficits that under- Mr. MERKLEY. Mr. President, I ask some things that were entirely unac- mine the soundness of our future fi- unanimous consent that the order for ceptable in regard to compromising the nances. the quorum call be rescinded. benefits under Medicare and Social Se- In addition, the bill we considered The PRESIDING OFFICER. Without curity. There was a proposal to in- last night created some additional fis- objection, it is so ordered. crease the age limit for Medicare from cal cliffs in the very near future, with- f 65 to 67. I advocated fiercely that that in 2 months—in March. One is that it does not address the debt ceiling. The THE FISCAL CLIFF would be unacceptable. I cannot tell you how many townhalls I have gone to debt ceiling is not about what we Mr. MERKLEY. Mr. President, I want and had folks approach me and say: spend, not about the decisions on what to first address the bill we passed in You know, I am 62 years old. I have we spend, it is whether we are going to the early hours this morning. these three conditions I am wrestling pay the bill after the spending has been It is very unusual to be passing a bill with. I have no medical care, and I am authorized. It is like saying to your- in the early hours, certainly on the just trying to stay alive until I hit 65 self: When the credit card bill comes, I first day of the year. And this bill had so I can get medical care. am just not going to pay it because I a lot in it. This is the fiscal cliff bill. That is a common situation in a should not have spent so much money. There are a number of reasons that I country where many people do not That is what the debt ceiling problem supported this bill, but there are a have health insurance. To raise the age is—not to pay the bills we have already number of concerns I have as well. I by an additional 2 years for those folks incurred. thought it might be appropriate to just who have no medical care would be What happened the last time we had summarize why it was important this cruel at best, and for some it would be this controversy was our national cred- bill pass last night, but also why we a death sentence. That was unaccept- it rating was diminished. That means should also be aware that the bill has able. when you borrow money, you have to

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18552 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 January 1, 2013 pay more. So we shot ourselves in the forage burned. The fences burned. unemployment rates are still high. But foot to no purpose. Farms and ranches were devastated. In we have a lot of work to do from here The time to make the decision over other parts of the country, it was forward or we are going to end up in what you spend is when you are mak- drought that was devastating. The some places that make our path for- ing the spending decision, not when the version of the farm bill stuffed in last ward as a nation much more difficult. bill arrives later. You have already night does not have those emergency I certainly am committed to con- made that commitment. You are al- provisions even though this Chamber tinuing the effort to put this country ready in that boat. You have a respon- put them in. This Chamber supported on a sound financial footing and con- sibility to fulfill payment of the bills them. The committee supported them. tinuing to try to make the process here you have signed up for. But we will We also did something else on the in the Senate work better. In that con- have that ahead of us in just 2 months. floor: We said the historic imbalance text, we have a debate that is going to In addition, the bill we had in the between those who farm in a more tra- begin in just 2 days about the process wee hours this morning pushes off the ditional fashion and those who farm in in the Senate. sequester for only 2 months. What is an organic fashion is going to be In the course of my lifetime and in the sequester? The sequester is a series righted. You know, under crop insur- the lifetime of everyone here, the Sen- of mandatory payment cuts that fall ance there was a provision for organic ate has gone from a deliberating cham- on working people. There was a big farmers that said: We are going to ber, a decisionmaking chamber ad- budget deal a year ago that I voted charge you a lot more for your insur- mired around the world, to perhaps one against because what it said is that if ance, but in recognition for that, you of the most dysfunctional legislative the supercommittee does not come up are going to get the price of organic chambers to be found anywhere. There with a good plan, we are going to bal- goods, which is higher, if you have a are still Members who like to think of ance the budget on the backs of work- disaster that this covers. But the De- the Senate with the words ‘‘the world’s ing people. I voted against it. The bill partment of Agriculture never got greatest deliberative body,’’ but they last night did not do that because it around to calculating the organic are the only ones who might think that pushed off the sequester, but it only price, and therefore the farmers got about the Senate because no one else pushed it off for 2 months. So if you are short shrift, paying high premiums on paying attention considers the Senate concerned about a nation in which the the front end without the compensa- to be a great deliberative body. It has bonus breaks for the best off are un- tion we promised on the back end. become deeply paralyzed. touched while cuts fall on working peo- This Chamber fixed that, but last The root of this goes partially to the ple, then you should be concerned night the minority leader stuffed a circumstances of the bitter partisan- about the battle that is just 2 months farm bill into this package that ship that has dominated our politics, ahead. stripped it out. So much for the con- and that is unfortunate. But it also In addition, there was a last-minute versation I have been hearing about goes to the fact that as the social con- addition of a farm bill—not the Sen- good committee work and good floor tract unraveled—and perhaps related ate’s farm bill, not a bill that was work. I absolutely agree with the Sen- to that partisanship—you have rules adopted in committee process, not a ator who spoke earlier today about that worked well in the past that do bill that was adopted on the floor of good committee work and good floor not work well now. One of those is cer- this Chamber, it was an individual work, but that was not honored in the tainly the filibuster. leader’s farm bill. The minority lead- farm bill that was stuffed in last night. In the early Senate, you can imagine er’s farm bill was inserted last night. I will tell you there is a lot more to 26 Senators, 2 from each State, saying: Earlier, we had a speech by one of my this. Research on specialty crops has a We should have the courtesy of hearing colleagues, who was saying that it is so big impact on my home State. We have each other out to make sure we make important that we do the hard work in a lot of specialty crops. The Willam- great decisions so we get everybody’s committee and that we do the hard ette Valley grows virtually anything. opinion on the table. That is the cour- work on the floor with an open amend- It is one of the best farming places in tesy of not ending debate until every- ment process. That is what we did with the country. It is not pure wheat or one has said what they want to say. the Senate farm bill. Senator STABE- pure rice or pure soy; you can grow a Over time, the Senate grew larger. It NOW from Michigan, the chair of the lot of specialty crops. But a lot of that became a little more difficult, but the committee, Ranking Member ROB- research was stripped out. So we did principle was honored because when ERTS—they worked very hard to have not get the bill this Chamber decided the debate had wound down, someone an honest, open, public debate and upon. asked unanimous consent to hold a votes on the individual elements. In The chair of Agriculture has come to vote, and generally they would get the course of that, we adopted disaster this floor and expressed extreme duress unanimous consent and the vote would aid for farmers and ranchers across and frustration. She is absolutely be held. It was understood that this America who were scorched by the right. The Senate actually did a very was a simple-majority body. If you worst fires in a century and one of the good job of process. It does not often do were going to stand in the way of that worst droughts in the last century. such a good job of process. It went final vote after everyone had their say, They should have been helped imme- through committee, it went through a then, in fact, you were interrupting the diately upon those disasters, but they floor debate, it went through an process by which this Chamber makes could not be helped because the farm amendment process, and all of that was decisions and helps take this country bill had expired. Leaders said we will ignored. So the next time we hear lec- forward. Certainly the heart of it was quickly reauthorize it. The Senate re- tures about process, I would like it to the understanding that the pathway fa- authorized it, we put those provisions be noted about what happened last vored by the most is most of the time in, we sent it over to the House, and night and how ranchers and farmers better than the pathway favored by the the House never acted on it. across this country were betrayed by few. The majority vote is the heart of Then we tried to take those emer- the farm bill that was stuffed in at the the democratic process. And we had gency provisions and put them into the last second. challenges along the way. There were Hurricane Sandy bill. If we are going to We have a lot of work to do in this occasionally periods where folks gave address the disaster for Hurricane Chamber. The path we were starting on long speeches and managed to stop a Sandy, as we absolutely should and last night is one that addresses imme- vote before this Senate went on recess, must, we should also address the dis- diate emergencies, people being able to but in general it worked pretty well, in aster of the worst droughts and worst get in their doctors’ doors, and folks part because the individuals who might fires in the century. being able to continue to have a coher- abuse the process realized the rules An area in Oregon the size of Rhode ent unemployment insurance policy could be changed by a simple majority. Island burned this last summer. The while they are looking for work while If they abused it on one occasion, the

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18553 privilege of being able to express their small group and an important prin- dozen nominations, this affects and full views for an extended period might ciple, it became a legislative tactic of creates a whole backlog of unfilled po- be changed by the majority changing the minority leadership. It is true for sitions in the executive branch and the the rules. So it kept the process in Democrats and Republicans. There is judicial branch. Since 1970, this Cham- check. There was an understanding not one party who is more guilty of ber has essentially said: You know that everyone got to be heard, every- this, if you will. They both employed what. There is supposed to be three one got to have their opinion consid- this tactic over time. equal branches of the government, but ered, but if it was abused there could In addition to the increasing polar- we are going to use our advice and con- be a response to that. ization of America, we started to get sent power under the Constitution to Well, in 1917 it was abused. A small less overlap in the perspective of effectively undermine and attack the faction blocked the ability of the bill Democrats and Republicans. Twenty judiciary and executive branches. to go forward that would put arma- years ago we might have had 30 Sen- That is not what the Framers had in ments on U.S. commercial shipping, ators in that span between the most mind. In the discussions over how the and those ships were being sunk by conservative Democrat and the most Constitution was put together, show Germany. President Woodrow Wilson liberal Republican, so normally they me a Federalist Paper where any of our and Senate leaders were outraged. How would have that overlap of 30 Senators Framers argued that advise and con- could a small faction allow our ships to so they could still get two-thirds of the sent is designed so that Congress can go unarmed in a situation where they Senate, and that served as a check on basically damage the executive and ju- are being sunk; that is unacceptable. the use by the minority of the fili- dicial branches by refusing to consider Well, that small faction had their buster as a tactic of penalization. nominations. So that is one big change. reasons. They believed once they put As the Senators from World War II Well, let’s take a look at motions to armaments onto a ship, they were started to move out of this Chamber, proceed. We see back in 1932 there was probably going to be firing shots. When and as those from the House who had a filibuster, and in the early 1960s we they fired shots, they were involved in adopted kind of a ruthless partisan see a few filibusters. Then in about 1970 the war. They wanted to block the strategy started to move into this we see that it took off. It was not United States from getting involved in Chamber, we saw that social cohesion thought to be appropriate to filibuster the war, but there was only a small break down, and we started to see more just any debatable motion. The idea group in the Senate who believed we and more use of the filibuster. was there was an issue of deep principle should allow Germany to sink our I have some charts. The first chart in which a Member had to make a ships with no response. probably sums it up pretty well. Dur- stand to block the bill from final pas- So the Senate came together and ing the time that Lyndon Johnson was sage. Now, suddenly, we can paralyze the said: OK. We are going to respond to a majority leader for 6 years, he faced process by even keeping a bill from small faction obstructing the will of one filibuster. During HARRY REID’s 6 getting to the floor. What sense does it this body of not allowing us to go for- years—a week or so ago when I made make to argue that a Member is facili- ward. They had their say, we heard this chart, the filibusters were 387. Now tating the debate by blocking the de- them out, and they have their opin- it is in the 390s. In 2 days I guess we bate from happening? Many people ions. We are going to allow two-thirds will not have any filibusters, so we come to the floor and say the filibuster to shut down debate and get to a final may not break 400. What a contrast be- is all about facilitating debate and vote. That was in 1930. It was the first tween the amount that Lyndon John- making sure everybody has a say. such motion, and it was the cloture son had when he was majority leader Blocking the bill from getting to the motion—as in closing debate. This con- and basically 400 in the 6 years HARRY floor doesn’t facilitate at all. We see tinued to work pretty well. It worked REID has been the majority leader. this as a growing form of paralysis. well until about 1970. So for 50 years it That is an enormous change. The same story is true on amend- worked pretty well. In addition, normally the objection ments. So on amendments again, we Why did it work well? In part because to a majority vote was done on the see from the early 1970s forward there there was a big overlap between Demo- final vote of a bill. But starting in is big growth. Well, previously it was crats and Republicans. If I were to about 1970, folks realized that on any the perspective that the filibuster was chart out those who were the most lib- debatable motion, the same paralysis going to stop the bill from getting en- eral Republicans and the most conserv- could be brought. They could object to acted. Members didn’t know what the ative Democrats, there would be a lot a simple majority vote on a simple de- bill would be until the amendments of overlap in the middle. It was gen- batable motion. were fully debated, so a Member didn’t erally understood that this was a sim- I will lay out how this has changed block the amendments from coming to ple majority body and there should over the last 40 years in different cat- a vote. Again, the process grew. only be an objection to a simple major- egories. One change is in nominations. So let’s take a look at final passage. ity vote when everyone had their say. Here we see that before approximately Here we see the traditional use of the If it was a principle that was of a deep 1968 there were virtually no filibusters filibuster. One or two was the average and exceptional nature, such as a per- on nominations. In fact, I believe the during this time period, from 1917 until sonal principle or an issue affecting a rule was changed in 1949. There was a the early 1970s, and then we have this Senator’s State, and because that Sen- question raised over whether the fili- explosion. No longer were Members ator was objecting to the ordinary buster could be used on nominations, blocking a bill on a deep issue of per- functioning of this body, that Senator and after some debate this Chamber de- sonal value or something that was key felt a compulsion to stand and make cided to change the rule and allow it on to their State that they were willing to the case before colleagues. In a sense it nominations. So when people say: Well, take to this floor and talk about, but was because the Chamber had reporters this is the way we have always oper- instead it would be just a routine ob- on the upper level who followed Sen- ated, it is 200 years of history, first, struction using an instrument not of ators making their cases before Amer- there was no cloture motion before principle but of politics. ican citizens. 1917. In fact, the simple majority could We even have a challenge of getting Well, over time, the filibuster, which change the rules back then. Also, there bills to conference committee. This is an objection to a simple majority were no cloture motions on nomina- was a case where the Senate and the vote, evolved in two ways. Instead of it tions, so we have this new world. House passed a bill, and we just wanted being a faction standing on principle, it If I move this podium so everyone to start negotiations. How does it fa- started to be utilized as an instrument can see the far right edge, we can see cilitate debate in any kind of way to of the minority party to obstruct the this steady increase in this tactic. Note block getting it to a conference com- ability of the majority party to put this very tall bar in 2012. This impact mittee and starting those negotia- forth an agenda. Instead of it being a is not just on this number of these two tions? That was never done until the

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18554 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 January 1, 2013 early 1970s. There we have it, the into the Constitution. They said, if we up. It started with this body affirming growth of this measure. are going to amend the Constitution multiple times that its intent was to Once this instrument of obstruction itself, we should take a supermajority. use simple majority to change the was utilized, then this Chamber often They put that in the Constitution. rules as envisioned under the Constitu- decided to forego the conference com- They didn’t put a supermajority for tion. It is also the way it was envi- mittee. We gave up on it. When I was legislating in. Oh, they thought about sioned under the rules of the Senate: A here in 2009, I would say: Well, let’s get it. They talked about it. They wrestled simple majority could change the the conference committee going. Well, with it. They kept coming back to the rules, until 1970. There are a lot of ob- they would not do that because it belief that the heart of the Democratic servations by ordinary Americans that would take weeks of this Chamber’s process is the path the majority choos- the Senate is broken, and we should time to get the conferees appointed and es as the right path is the path that listen to ordinary Americans who ex- the three debatable motions done to be should prevail, not the path chosen by pect us to be a legislative body that able to get to a conference committee. the minority. can deliberate and decide. What? Isn’t it outrageous that we can- So there were commentaries on this This is a cartoon that came out re- not even have a negotiation with the in various of the Federalist Papers. cently by Tom Tolls of the Washington House? So we have to go through this Here we have Alexander Hamilton on Post showing a Senator at the podium complicated process of sending the bill supermajority rule. He said super- and the Senator says: I will tell you all over to the House, and the House has to majority rule in Congress would lead to the reasons we shouldn’t reform the fil- amend it and send it back to us, and we ‘‘tedious delays; continual negotiations ibuster. No. 1, it will restrict my abil- have to amend it and send it back to and intrigue; contemptible com- ity to frivolously stymie everything. them. promises of the public good.’’ That is No. 2—and he thinks for a while and he Sometimes there are even informal what Hamilton thought. That overlays can’t think of any other reason we negotiations that are out of public pretty well with a lot of what we see on shouldn’t reform the filibuster, so he view instead of a conference committee the floor of the Senate today. asks the staff: How long do I have to that would be in an official setting How about Madison. Madison had keep talking? The little commentary with official recordings of what was commentary on this. He said, ‘‘The down here: You can read your recipes being said and what amendments were fundamental principle of free govern- for paralysis. being proposed and how it was being ment would be reversed’’ if this Cham- The filibuster has become a recipe for worked out. Instead of doing it in pub- ber did legislation by supermajority. paralysis. It is up to us 2 days from lic, it was done in a back room. So this Why did he say that? Because it would today, when we start a new session of is certainly damaging to our process. mean the path chosen by the few would Congress, to take responsibility for We could go on about one other area, prevail over the path chosen by the modifying the rules of the Senate be- which is conference reports—those re- majority. cause we have a responsibility to the ports coming back. This is a little bit There is a lot of nostalgia when peo- American people to address the big more like final passage in that this is ple think back to a time when the fili- issues facing our Nation and we can’t before something becomes law and goes buster was an instrument of principle. do that when this Chamber is para- to the President’s desk. Again, here we Many Americans think about this. lyzed. see this was rarely used until the early They think about the movie where I thank the Presiding Officer for the 1970s, and then there was an explosion Jimmy Stewart portrays Jefferson time to address this issue. I look for- of this tactic not for deep personal Smith, a newcomer to the Senate, and ward to the debate we are going to principle but for paralysis. he comes to the well of the Senate and have 2 days from today. I have found it quite interesting to he fights for the principle of avoiding I see our majority leader has come to hear some of my colleagues say this the corrupt practices regarding a boys the floor, and I thank him for all the was the constitutional design, the Sen- camp. He didn’t have to take the floor dialogs over the last 2 years on this ate be a supermajority chamber. That and demand a supermajority vote for topic. The majority leader may not is beyond out of sync with American blocking the simple majority, but he have seen the chart I put up to start history or any facts. They say: Well, was determined to both make his case with, but it is his picture. Mr. REID. I saw it. isn’t there a story about George Wash- before the American people as well as Mr. MERKLEY. He has been suf- ington talking to Thomas Jefferson his colleagues and certainly eat up as fering, if you will, through these nearly where George Washington says: The much time as he could physically, 400 filibusters in the 6 years he has Senate’s meant to be the cooling sau- which was another strategy of the been majority leader, while so many cer, and, therefore, wasn’t the Senate standing, talking filibuster, so the pub- issues in America go unaddressed; each always a supermajority body? The an- lic would have a chance to respond. one of these filibusters procedurally swer is, no. It wasn’t a supermajority Many folks say that is just a roman- taking up as much as a week of the body. tic Hollywood thing. But the charts I Senate’s time, even if we can get to As I have demonstrated by these have shown my colleagues show the fil- vote to shut it down. charts, it was very rare before 1970 to ibuster was used only rarely. It was We must change the way we do our oppose a final majority vote; and when viewed as an exceptional instrument of business in this Chamber to honor our it was done, it was done for principle. fighting for a personal principle when responsibility under the Constitution People also took to this floor. They you were willing, when you had the to legislate in order to address the big didn’t have to, but they took to this courage to stand before your colleagues issues facing Americans. floor and explained themselves to their and make a stand. It was that way I thank the Chair, and I yield the colleagues and the American public. when I came here in the early 1970s. I floor. The Framers were very suspicious of came as an intern in 1976. In the pre- The PRESIDING OFFICER. The ma- using a supermajority in the setting of vious year, there had been a big fight jority leader. legislative action. They thought it over the filibuster because of the early Mr. REID. Mr. President, I did watch should be used for serious changes in abuses we saw on those charts in the the presentation of my friend and I ap- the design of the government. early years of the 1970s. The attitude preciate his tenacity and his thorough- For example, they considered that if changed. The filibuster started to be- ness. we are going to pass a treaty, it should come used as an instrument for par- f be a supermajority. They put that into tisan politics rather than personal the Constitution. They laid out that if principle. TRIBUTE TO TONY HANAGAN AND we are going to override a veto by the So they had a debate in 1975, and KEIRA HARRIS President, it should take a super- they said we are going to change it Mr. MCCONNELL. Mr. President, majority to do that, and they put it from 67 to 60. That is where they ended Tony Hanagan and Keira Harris are

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18555 two former pages who returned to the strong Flight Research Center and the West- Overseas Private Investment Corporation for Senate, graciously volunteering to sac- ern Aeronautical Test Range as the Hugh L. a term expiring December 17, 2014. rifice some of their Christmas vacation Dryden Aeronautical Test Range; to the Naomi A. Walker, of the District of Colum- to help here on the Senate floor this Committee on Commerce, Science, and bia, to be a Member of the Board of Directors Transportation. of the Overseas Private Investment Corpora- past weekend. Tony and Keira have tion for a term expiring December 17, 2012. worked tirelessly to complete work f STATE JUSTICE INSTITUTE typically performed by 14 pages. We ap- MEASURES PLACED ON THE Jonathan Lippman, of New York, to be a preciate their help during the Senate’s CALENDAR Member of the Board of Directors of the recent late nights. We thank them for The following bill was read the sec- State Justice Institute for a term expiring their great effort and impeccable serv- ond time, and placed on the calendar: September 17, 2012. ice to the Senate. Jonathan Lippman, of New York, to be a H.R. 459. To require a full audit of the Member of the Board of Directors of the f Board of Governors of the Federal Reserve State Justice Institute for a term expiring MESSAGE FROM THE HOUSE System and the Federal reserve banks by the September 17, 2015. Comptroller General of the United States, NATIONAL FOUNDATION ON THE ARTS AND THE At 2:03 p.m., a message from the and for other purposes. House of Representatives, delivered by HUMANITIES f Mrs. Cole, one of its reading clerks, an- Maria Rosario Jackson, of California, to be nounced that the House has passed the ENROLLED BILLS PRESENTED a Member of the National Council on the Arts for a term expiring September 3, 2016. following bills, without amendment: The Secretary of the Senate reported NATIONAL INSTITUTE OF BUILDING SCIENCES S. 3454. An act to authorize appropriations that on today, January 1, 2013, she had Joseph Byrne Donovan, of Virginia, to be a for fiscal year 2013 for intelligence and intel- presented to the President of the Member of the Board of Directors of the Na- ligence-related activities of the United United States the following enrolled tional Institute of Building Sciences for a States Government and the Office of the Di- bills: term expiring September 7, 2013. rector of National Intelligence, the Central Intelligence Agency Retirement and Dis- S. 3202. An act to amend title 38, United NATIONAL FOUNDATION OF THE ARTS AND THE ability System, and for other purposes. States Code, to ensure that deceased vet- HUMANITIES S. 3630. An act to designate the facility of erans with no known next of kin can receive Bruce R. Sievers, of California, to be a the United States Postal Service located at a dignified burial, and for other purposes. Member of the National Council on the Hu- 218 North Milwaukee Street in Waterford, S. 3666. An act to amend the Animal Wel- manities for a term expiring January 26, Wisconsin, as the ‘‘Captain Rhett W. Schiller fare Act to modify the definition of ‘‘exhibi- 2018. tor’’. Post Office’’. DEPARTMENT OF JUSTICE S. 3662. An act to designate the facility of f Angela Tammy Dickinson, of Missouri, to the United States Postal Service located at 6 EXECUTIVE SESSION be United States Attorney for the Western Nichols Street in Westminster, Massachu- District of Missouri for the term of four setts, as the ‘‘Lieutenant Ryan Patrick years. Jones Post Office Building’’. S. 3677. An act to make a technical correc- EXECUTIVE CALENDAR IN THE AIR FORCE tion to the Flood Disaster Protection Act of The following named officer for appoint- 1973. Mr. REID. Mr. President, I ask unan- ment in the Reserve of the Air Force to the imous consent that the Senate proceed grade indicated under title 10, U.S.C., section The message also announced that the to executive session to consider the fol- 12203: House has passed the following bills, in lowing nominations: Calendar Nos. 870, To be brigadier general which it requests the concurrence of 871, 878, 879, 911, 912, 913, 914, 915, 916, the Senate: Colonel Stephen J. Linsenmeyer, Jr. 917, 918, 919, 920, 932, 933, 934, 935, 941, The following Air National Guard of the H.R. 6612. An act to redesignate the Dryden 942, 943, 944, 945, 946, 947, 948, 949, 950, United States officers for appointment in the Flight Research Center as the Neil A. Arm- 951, 952, 953, 954, 955, 956, 957, 958, 959, Reserve of the Air Force to the grade indi- strong Flight Research Center and the West- cated under title 10, U.S.C., sections 12203 ern Aeronautical Test Range as the Hugh L. 960, 961, 962, 963, 964, with the following and 12212: Dryden Aeronautical Test Range. exceptions: Colonel Stephen Rader, H.R. 6649. An act to provide for the transfer Colonel Randall A. Shear, Jr., and To be brigadier general of naval vessels to certain foreign recipients. Colonel Erik C. Peterson; and all nomi- Col. Calvin H. Elam The message further announced that nations placed on the Secretary’s desk The following Air National Guard of the the House agree to the amendment of in the Air Force, Army, and Navy; that United States officers for appointment in the the Senate to the bill (H.R. 6364) to es- the nominations be confirmed en bloc; Reserve of the Air Force to the grade indi- the motions to reconsider be consid- cated under title 10, U.S.C., sections 12203 tablish a commission to ensure a suit- and 12212: able observance of the centennial of ered made and laid upon the table, with To be major general World War I, to provide for the designa- no intervening action or debate; that tion of memorials to the service of no further motions be in order to any Brig. Gen. Mark E. Bartman of the nominations; that any related Brig. Gen. Stanley J. Osserman, Jr. members of the United States Armed Brig. Gen. Thomas A. Thomas, Jr. statements be printed in the RECORD; Forces in World War I, and for other Brig. Gen. Eric G. Weller purposes. and that President Obama be imme- diately notified of the Senate’s action. The following Air National Guard of the The message also announced that the United States officers for appointment in the House has agreed to the following con- The PRESIDING OFFICER. Without Reserve of the Air Force to the grade indi- current resolution, in which it requests objection, it is so ordered. cated under title 10, U.S.C., sections 12203 the concurrence of the Senate: The nominations considered and con- and 12212: H. Con. Res. 147. Concurrent resolution firmed en bloc are as follows: To be brigadier general waiving the requirement that measures en- FEDERAL MARITIME COMMISSION Colonel Glen M. Baker rolled during the remainder of the One Hun- William P. Doyle, of Pennsylvania, to be a Colonel Jeffrey D. Buckley dred Twelfth Congress be printed on parch- Federal Maritime Commissioner for the term Colonel Anthony J. Carrelli ment. expiring June 30, 2013. Colonel Timothy J. Cathcart f DEPARTMENT OF TRANSPORTATION Colonel Andrew J. Donnelly Colonel Harold S. Eggensperger Michael Peter Huerta, of the District of MEASURES REFERRED Colonel James O. Eifert Columbia, to be Administrator of the Fed- Colonel Bryan P. Fox The following bill was read the first eral Aviation Administration for the term of Colonel Ricky D. Gibney five years. and the second times by unanimous Colonel Christopher A. Hegarty consent, and referred as indicated: OVERSEAS PRIVATE INVESTMENT CORPORATION Colonel John P. Hronek, II H.R. 6612. An act to redesignate the Dryden James M. Demers, of New Hampshire, to be Colonel Paul Hutchinson Flight Research Center as the Neil A. Arm- a Member of the Board of Directors of the Colonel Kevin J. Keehn

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18556 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 January 1, 2013 Colonel Christopher J. Knapp Brigadier General Patricia A. Rose Colonel Joseph P. Harrington Colonel Michael E. Manning Brigadier General Jocelyn M. Seng Colonel Michael L. Howard Colonel Clayton W. Moushon Brigadier General Sheila Zuehlke Colonel John P. Johnson Colonel Michael A. Nolan The following Air National Guard of the Colonel James E. Kraft, Jr. Colonel Michael L. Ogle United States officers for appointment in the Colonel Michael E. Kurilla Colonel Paul J. Laughlin, II Colonel Ronald E. Paul Reserve of the Air Force to the grade indi- Colonel Samuel H. Ramsay, III Colonel Joseph M. Martin cated under title 10, U.S.C., sections 12203 Colonel Terrence J. McKenrick Colonel William B. Richy and 12212: Colonel Adalberto Rivera Colonel Christopher P. McPadden To be major general Colonel John E. O’Neil Colonel Sami D. Said Colonel Mark J. O’Neil Colonel Anthony E. Schiavi Brigadier General Paul L. Ayers Brigadier General Jim C. Chow Colonel Andrew P. Poppas Colonel John D. Slocum Colonel James E. Rainey Colonel Ronald W. Solberg Brigadier General Gregory L. Ferguson Brigadier General Anthony P. German Colonel Kent D. Savre IN THE NAVY Brigadier General Rickie B. Mattson Colonel Wilson A. Shoffner, Jr. Colonel Mark S. Spindler The following named officer for appoint- Brigadier General John E. McCoy Colonel Sean P. Swindell ment in the United States Navy to the grade Brigadier General John E. Murphy Colonel Randy S. Taylor indicated while assigned to a position of im- Brigadier General Brian G. Neal portance and responsibility under title 10, Colonel John C. Thomson, III The following named officers for appoint- U.S.C., section 601: Colonel Leon N. Thurgood ment in the Reserve of the Air Force to the Colonel Flem B. Walker, Jr. To be vice admiral grade indicated under title 10, U.S.C., section Colonel Robert P. Walters, Jr. Rear Adm. Kenneth E. Floyd 12203: IN THE NAVY AFRICAN DEVELOPMENT FOUNDATION To be brigadier general The following named officer for appoint- Edward W. Brehm, of Minnesota, to be a Colonel Stephanie A. Gass ment in the United States Navy to the grade Member of the Board of Directors of the Afri- Colonel Mary H. Hittmeier indicated under title 10, U.S.C., section 624: can Development Foundation for a term ex- Colonel Timothy P. Kelly To be rear admiral piring September 22, 2017. Colonel Thomas E. Kittler Rear Adm. (lh) Randolph L. Mahr Iqbal Paroo, of Florida, to be a Member of Colonel Kenneth R. LaPierre the Board of Directors of the African Devel- Colonel Mark L. Loeben IN THE MARINE CORPS opment Foundation for a term expiring Sep- Colonel James F. Mackey The following named officer for appoint- tember 22, 2017. Colonel Walter J. Sams ment to the grade of lieutenant general in the United States Marine Corps while as- UNITED STATES AGENCY FOR INTERNATIONAL Colonel Christopher F. Skomars signed to a position of importance and re- DEVELOPMENT Colonel Wade R. Smith Colonel Mark D. Stillwagon sponsibility under title 10, U.S.C., section T. Charles Cooper, of Maryland, to be an Colonel Curtis L. Williams 601: Assistant Administrator of the United To be lieutenant general States Agency for International Develop- The following named Air National Guard of ment. the United States officer for appointment as Lt. Gen. Steven A. Hummer Director, Air National Guard, and for ap- DEPARTMENT OF JUSTICE The following named officer for appoint- pointment to the grade indicated in the Re- ment to the grade of lieutenant general in Patrick J. Wilkerson, of Oklahoma, to be serve of the Air Force under title 10, U.S.C., the United States Marine Corps while as- United States Marshal for the Eastern Dis- sections 601 and 10506: signed to a position of importance and re- trict of Oklahoma for the term of four years. To be lieutenant general sponsibility under title 10, U.S.C., section Louise W. Kelton, of Tennessee, to be 601: United States Marshal for the Middle Dis- Lt. Gen. Stanley E. Clarke, III trict of Tennessee for the term of four years. IN THE ARMY To be lieutenant general MILLENNIUM CHALLENGE CORPORATION The following named officer for appoint- Lt. Gen. Richard T. Tryon Lorne W. Craner, of Virginia, to be a Mem- ment in the Reserve of the Army to the UNITED STATES TAX COURT ber of the Board of Directors of the Millen- grade indicated under title 10, U.S.C., sec- Albert G. Lauber, of the District of Colum- nium Challenge Corporation for a term of tions 12203 and 12211: bia, to be a Judge of the United States Tax two years. To be brigadier general Court for the term of fifteen years. IN THE AIR FORCE Col. Jody J. Daniels THE JUDICIARY The following named officer for appoint- The following named officer for appoint- Ronald Lee Buch, of Virginia, to be a ment in the United States Air Force to the ment in the United States Army to the grade Judge of the United States Tax Court for a grade indicated while assigned to a position indicated while assigned to a position of im- term of fifteen years. of importance and responsibility under title portance and responsibility under title 10, NATIONAL FOUNDATION ON THE ARTS AND THE 10, U.S.C., section 601: U.S.C., section 601: HUMANITIES To be lieutenant general To be lieutenant general David Masumoto, of California, to be a Maj. Gen. Lori J. Robinson Maj. Gen. Bernard S. Champoux Member of the National Council on the Arts for a term expiring September 3, 2018. The following named officer for appoint- The following Army National Guard of the Ramon Saldivar, of California, to be a ment in the United States Air Force to the United States officer for appointment in the Member of the National Council on the Hu- grade indicated while assigned to a position Reserve of the Army to the grade indicated manities for a term expiring January 26, of importance and responsibility under title under title 10, U.S.C., sections 12203 and 2018. 10, U.S.C., section 601: 12211: SAINT LAWRENCE SEAWAY DEVELOPMENT To be lieutenant general To be brigadier general CORPORATION Maj. Gen. Gregory A. Biscone Col. Michael L. Scholes William J. Mielke, of Wisconsin, to be a The following named officer for appoint- The following named officer for appoint- Member of the Advisory Board of the Saint ment in the Reserve of the Air Force to the ment to the grade indicated in the United Lawrence Seaway Development Corporation. grade indicated under title 10, U.S.C., section States Army under title 10, U.S.C., section Arthur H. Sulzer, of Pennsylvania, to be a 12203: 624: Member of the Advisory Board of the Saint To be brigadier general To be brigadier general Lawrence Seaway Development Corporation. Col. Lisa A. Naftzger-Kang Colonel Christopher S. Ballard UNITED STATES INSTITUTE OF PEACE The following named officers for appoint- Colonel David G. Bassett George E. Moose, of Virginia, to be a Mem- ment in the Reserve of the Air Force to the Colonel Donald C. Bolduc ber of the Board of Directors of the United grade indicated under title 10, U.S.C., section Colonel Edward M. Daly States Institute of Peace for a term of four 12203: Colonel Malcolm B. Frost years. Colonel Donald G. Fryc NOMINATIONS PLACED ON THE SECRETARY’S To be major general Colonel Anthony C. Funkhouser DESK Brigadier General William B. Binger Colonel Peter A. Gallagher Brigadier General Keith D. Kries Colonel William K. Gayler IN THE AIR FORCE Brigadier General Maryanne Miller Colonel Mark W. Gillette PN1981 AIR FORCE nominations (93) begin- Brigadier General Jane C. Rohr Colonel David B. Haight ning DEMEA A. ALDERMAN, and ending

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18557 FELISA L. WILSON, which nominations PN2041 ARMY nominations (159) beginning the Senate and appeared in the Congres- were received by the Senate and appeared in TERRY L. ANDERSON, and ending G001094, sional Record of December 17, 2012. the Congressional Record of November 13, which nominations were received by the Sen- PN2093 ARMY nominations (7) beginning 2012. ate and appeared in the Congressional DONALD E. LAYNE, and ending JOSEPH F. PN2034 AIR FORCE nominations (85) begin- Record of November 27, 2012. SUCHER, which nominations were received ning MATTHEW W. ALLINSON, and ending PN2042 ARMY nominations (240) beginning by the Senate and appeared in the Congres- JEFFREY D. YOUNG, which nominations JOSE L. AGUILAR, and ending D005615, sional Record of December 17, 2012. were received by the Senate and appeared in which nominations were received by the Sen- IN THE NAVY the Congressional Record of November 27, ate and appeared in the Congressional PN2043 NAVY nominations (3) beginning 2012. Record of November 27, 2012. DAVID SAMMETT, and ending TIMOTHY R. PN2054 AIR FORCE nominations (3) begin- PN2055 ARMY nomination of Michael D. DURKIN, which nominations were received ning JOHAN K. AHN, and ending JEFFREY Shortt, which was received by the Senate by the Senate and appeared in the Congres- S. WILLIAMS, which nominations were re- and appeared in the Congressional Record of sional Record of November 27, 2012. ceived by the Senate and appeared in the December 5, 2012. PN2044 NAVY nominations (36) beginning Congressional Record of December 5, 2012. PN2056 ARMY nomination of Delnora L. TIMOTHY R. ANDERSON, and ending PN2083 AIR FORCE nominations (6) begin- Erickson, which was received by the Senate GEORGE B. WATKINS, which nominations ning LAURA A. BRODHAG, and ending and appeared in the Congressional Record of were received by the Senate and appeared in JOHN D. KLEIN, which nominations were re- December 5, 2012. the Congressional Record of November 27, ceived by the Senate and appeared in the PN2057 ARMY nomination of Ronald D. 2012. Congressional Record of December 17, 2012. Lain, which was received by the Senate and PN2084 AIR FORCE nominations (17) begin- PN2063 NAVY nomination of John T. appeared in the Congressional Record of De- Volpe, which was received by the Senate and ning WILLIAM R. BAEZ, and ending BRYCE cember 5, 2012. G. WHISLER, which nominations were re- appeared in the Congressional Record of De- PN2058 ARMY nomination of Matthew J. cember 5, 2012. ceived by the Senate and appeared in the Burinskas, which was received by the Senate Congressional Record of December 17, 2012. PN2064 NAVY nomination of Tamara M. and appeared in the Congressional Record of Sorensen, which was received by the Senate PN2085 AIR FORCE nominations (51) begin- December 5, 2012. ning JAKE R. ATWOOD, and ending MI- and appeared in the Congressional Record of PN2059 ARMY nomination of Ronald G. December 5, 2012. CHAEL R. ZACHAR, which nominations Cook, which was received by the Senate and were received by the Senate and appeared in PN2065 NAVY nomination of Joseph N. appeared in the Congressional Record of De- Kenan, which was received by the Senate and the Congressional Record of December 17, cember 5, 2012. 2012. appeared in the Congressional Record of De- PN2060 ARMY nomination of David A. cember 5, 2012. PN2086 AIR FORCE nominations (73) begin- Cortese, which was received by the Senate ning KRISTEN J. BEALS, and ending and appeared in the Congressional Record of f JIANZHONG J. ZHANG, which nominations December 5, 2012. NOMINATION OF RICHARD B. were received by the Senate and appeared in PN2061 ARMY nomination of Charles J. the Congressional Record of December 17, BERNER TO BE DIRECTOR, OF- Romero, which was received by the Senate FICE OF FINANCIAL RESEARCH, 2012. and appeared in the Congressional Record of PN2087 AIR FORCE nominations (30) begin- December 5, 2012. DEPARTMENT OF THE TREAS- ning TANSEL ACAR, and ending BRANDON PN2062 ARMY nominations (2) beginning URY H. WILLIAMS, which nominations were re- MICHAEL D. DO, and ending GREGORY S. Mr. REID. Mr. President, I ask unan- ceived by the Senate and appeared in the SEESE, which nominations were received by Congressional Record of December 17, 2012. imous consent that the Senate proceed the Senate and appeared in the Congres- to the consideration of Calendar No. PN2088 AIR FORCE nominations (146) be- sional Record of December 5, 2012. ginning SAMUEL E. AIKELE, and ending PN2074 ARMY nominations (15) beginning 645; that the Senate proceed to vote SCOTT M. ZELASKO, which nominations DEEPTI S. CHITNIS, and ending GIA K. YI, without intervening action or debate were received by the Senate and appeared in which nominations were received by the Sen- on the nomination; that the motion to the Congressional Record of December 17, ate and appeared in the Congressional reconsider be considered made and laid 2012. Record of December 10, 2012. upon the table, with no intervening ac- PN2089 AIR FORCE nominations (246) be- PN2075 ARMY nominations (17) beginning tion or debate; that no further motions ginning HOMAYOUN R. AHMADIAN, and KARIN R. BILYARD, and ending BETHANY ending JOE X. ZHANG, which nominations be in order to the nomination; that any S. ZARNDT, which nominations were re- statements related to the nomination were received by the Senate and appeared in ceived by the Senate and appeared in the the Congressional Record of December 17, Congressional Record of December 10, 2012. be printed in the RECORD; and that 2012. PN2076 ARMY nominations (51) beginning President Obama be immediately noti- IN THE ARMY JAMES E. ANDREWS, II, and ending fied of the Senate’s action. PN2035 ARMY nomination of Robert W. D010617, which nominations were received by The PRESIDING OFFICER. Without Handy, which was received by the Senate the Senate and appeared in the Congres- objection, it is so ordered. and appeared in the Congressional Record of sional Record of December 10, 2012. If there is no further debate, the November 27, 2012. PN2077 ARMY nominations (82) beginning question is, Will the Senate advise and PN2036 ARMY nomination of James T. JACOB W. AARONSON, and ending DAVID consent to the nomination of Richard Seidule, which was received by the Senate W. WOLKEN, which nominations were re- and appeared in the Congressional Record of ceived by the Senate and appeared in the B. Berner, of Massachusetts, to be Di- November 27, 2012. Congressional Record of December 10, 2012. rector, Office of Financial Research, PN2037 ARMY nominations (2) beginning PN2078 ARMY nominations (150) beginning Department of the Treasury? MARK A. NOZAKI, and ending MATTHEW SILAS C. ABRENICA, and ending KEVIN M. The nomination was confirmed. D. RAMSEY, which nominations were re- ZEEB, which nominations were received by f ceived by the Senate and appeared in the the Senate and appeared in the Congres- Congressional Record of November 27, 2012. sional Record of December 10, 2012. NOMINATIONS DISCHARGED PN2038 ARMY nominations (11) beginning PN2079 ARMY nominations (161) beginning Mr. REID. Mr. President, I ask unan- CHRISTOPHER J. CUMMINGS, and ending LOVIE L. ABRAHAM, and ending VICKEE L. imous consent that the Foreign Rela- RANDOLPH O. PETGRAVE, which nomina- WOLCOTT, which nominations were received tions were received by the Senate and ap- by the Senate and appeared in the Congres- tions Committee be discharged from peared in the Congressional Record of No- sional Record of December 10, 2012. further consideration of the following vember 27, 2012. PN2090 ARMY nomination of Alfred C. An- Foreign Service nominations and the PN2039 ARMY nominations (34) beginning derson, which was received by the Senate Senate proceed to their consideration ANTHONY C. ADOLPH, and ending SEAN M. and appeared in the Congressional Record of en bloc: Presidential Nomination 1878, WILSON, which nominations were received December 17, 2012. Gary T. Greene; Presidential Nomina- by the Senate and appeared in the Congres- PN2091 ARMY nomination of Deanna R. tion 1970, a list beginning with Philip sional Record of November 27, 2012. Beech, which was received by the Senate and S. Goldberg and ending with Robert W. PN2040 ARMY nominations (130) beginning appeared in the Congressional Record of De- RONALD L. BAKER, and ending MICHAEL cember 17, 2012. Weitzel; Presidential Nomination 2028, T. WRIGHT, which nominations were re- PN2092 ARMY nominations (2) beginning Michael R. Hardegen; Presidential ceived by the Senate and appeared in the SHRRELL L. BYARD, and ending SOO B. Nomination 2029, a list beginning with Congressional Record of November 27, 2012. KIM, which nominations were received by Geoffrey W. Wiggin and ending with

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18558 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 January 1, 2013 Eric A. Wenberg, with the exception of Robert A. Hartung, of Virginia Eric Alan Flohr, of Maryland Geoffrey W. Wiggin; Presidential Nomi- William A. Heidt, of California Daniel L. Foote, of Virginia nation 2030, a list beginning with Ste- James William Herman, of Washington Kenneth Lee Foster, of Virginia Thomas Mark Hodges, of Tennessee Robert Arthur Frazier, of Texas phen J. Gonyea and ending with Kath- Martin P. Hohe, of Florida Thomas G. Gallo, of New Jersey arine Antonia Weber, with the excep- Charles F. Hunter, of the District of Colum- Rebecca Eliza Gonzales, of Texas tion of Scott S. Cameron; Presidential bia Martha J. Haas, of Arizona Nomination 2031, a list beginning with Mark J. Hunter, of Florida Sarah Cooper Hall, of New York Sharon Lee Cromer and ending with Donald Emil Jacobson, of Virginia Scott Ian Hamilton, of Illinois Clinton David White, with the excep- Kelly Ann Keiderling Franz, of California Todd Philip Haskell, of Florida tions of Sharon Lee Cromer and Maria Sung Y. Kim, of California Andrew B. Haviland, of Iowa Rendon Labadan; and Presidential John Charles Law, of Virginia Peter Mark Haymond, of Virginia Russell G. Le Clair, Jr., of Illinois Dennis Walter Hearne, of North Carolina Nomination 2032, a list beginning with Mary Beth Leonard, of Massachusetts Brian George Heath, of New Jersey Karl Miller Adam and ending with Donald Lu, of California Jonathan Henick, of California Mark K. Yang, with the exception of Lewis Alan Lukens, of Virginia G. Kathleen Hill, of Texas Daniel Menco Hirsch; that the nomina- Deborah Ruth Malac, of Virginia Nicholas Manning Hill, of Rhode Island tions be confirmed; that the motions to William John Martin, of California Jeffrey M. Hovenier, of Maryland reconsider be considered made and laid Robin Hill Matthewman, of Washington George W. lndyke, Jr., of New Jersey upon the table, with no intervening ac- Elizabeth Kay Webb Mayfield, of Texas Eric A. Johnson, of the District of Columbia James P. McAnulty, of Virginia tion or debate; that no further motions Gary P. Keith, of Ohio Thomas S. Miller, of Minnesota Eric Khant, of Florida be in order to the nominations; that Barry M. Moore, of Texas Yuri Kim, of Guam any related statements be printed in Michael Chase Mullins, of New Hampshire Karin Margaret King, of Ohio the RECORD; and that the President be John Olson, of California Daniel Joseph Kritenbrink, of Virginia immediately notified of the Senate’s Theodore G. Osius, of the District of Colum- Yael Lampert, of New York action. bia James Marx Levy, of Washington The PRESIDING OFFICER. Without Robert Glenn Rapson, of New Hampshire John M. Lipinski, of Pennsylvania objection, it is so ordered. Robert A. Riley, of Florida Patricia Alice Mahoney, of Texas The nominations considered and con- Gary D. Robbins, of Washington Jeanne M. Maloney, of Tennessee firmed en bloc are as follows: Todd David Robinson, of New Jersey Colette Marcellin, of Virginia Matthew M. Rooney, of Texas Caryn R. McClelland, of California FOREIGN SERVICE Dana Shell Smith, of California Brian David McFeeters, of New Mexico The following-named Career Member of the Dean L. Smith, of Texas Jacqueline K. McKennan, of Wyoming Senior Foreign Service of the Department of Pamela L. Spratlen, of California Martha L. Melzow, of California Agriculture (APHIS) for promotion within Stephanie Sanders Sullivan, of Maryland Phillip Andrew Min, of New Jersey and into the Senior Foreign Service to the Susan M. Sutton, of Virginia William James Mozdzierz, of New York class indicated: Michael Embach Thurston, of Washington Katherine Anne Munchmeyer, of Texas Career Member of the Senior Foreign Serv- Paul Allen Wedderien, of California Michael J. Murphy, of Virginia ice, Class of Minister Counselor: Alice G. Wells, of Virginia Robert Barry Murphy, of New Hampshire Gary T. Greene, of Georgia Thomas E. Williams, Jr., of Virginia Robert William Ogburn, of Maryland The following-named Career Members of Robert A. Wood, of New York Sheila R. Paskman, of Pennsylvania the Senior Foreign Service of the Depart- Uzra S. Zeya, of Florida Lisa J. Peterson, of New York ment of State for promotion into and within Benjamin G. Ziff, of California Robert A. Pitre, of Washington the Senior Foreign Service to the classes in- The following-named Career Members of Beth L. Poisson, of Maryland dicated: the Foreign Service for promotion into the Elizabeth Mabel Whalen Pratt, of the Dis- Career Members of the Senior Foreign Senior Foreign Service, as indicated: trict of Columbia Service of the United States of America, Career Members of the Senior Foreign David Hugh Rank, of Illinois Class of Career Minister: Service of the United States of America, Joel Richard Reifman, of Texas Philip S. Goldberg, of the District of Colum- Class of Counselor: David M. Reinert, of New Mexico bia David W. Abell, of Arkansas Joan Marie Richards, of California Wanda L. Nesbitt, of Pennsylvania Aruna S.G. Amirthanayagam, of New York Raymond D. Richhart, Jr., of California Victoria Nuland, of Connecticut Tanya Cecelia Anderson, of Pennsylvania William Vernon Roebuck, Jr., of North Caro- Michele Jeanne Sison, of Maryland Michael Adam Barkin, of Florida lina Daniel Bennett Smith, of Virginia Peter Henry Barlerin, of Maryland Michael D. Scanlan, of Pennsylvania Career Members of the Senior Foreign Susan Tebeau Bell, of South Carolina Stephen M. Schwartz, of New York Service, Class of Minister-Counselor: Virginia Lynn Bennett, of Georgia Justin H. Siberell, of California Karl Philip Albrecht, of Virginia Randy W. Berry, of Colorado George Neil Sibley, of Connecticut Theodore Allegra, of Colorado Bruce Berton, of Washington Adam H. Sterling, of New York Bruce Armstrong, of Florida Donald Armin Blome, of Illinois John C. Sullivan, of California Clare A. Barkley, of Maryland Andrew Norbu Bowen, of Texas Melinda Tabler-Stone, of Virginia Robert I. Blau, of Virginia Sue Lenore Bremner, of California John Stephen Tavenner, of Texas Roberto Gonzales Brady, of California Maria E. Brewer, of Indiana Dean Richard Thompson, of Maryland John Brien Brennan, of Virginia Natalie Eugenia Brown, of Virginia Susan Ashton Thornton, of the District of Piper Anne Wind Campbell, of the District of Gregory S. Burton, of Virginia Columbia Columbia Brent Donald Byers, of Virginia Laird D. Treiber, of the District of Columbia Jonathan Raphael Cohen, of California Paul Michael Cantrell, of California Jeffrey A. Van Dreal, of Texas Mark J. Cohen, of Texas Lisa Marie Carle, of California Lisa Annette Vickers, of California Maureen E. Cormack, of Illinois John Leslie Carwile, of Maryland Samuel Robert Watson III, of Virginia John S. Creamer, of Virginia Laurent D. Charbonnet, of Louisiana Donna Ann Welton, of the District of Colum- Jeffrey DeLaurentis, of New York Craig Lewis Cloud, of Florida bia Laura Farnsworth Dogu, of Texas Nancy Lynn Corbett, of California Terry John White, of Oregon Walter Douglas, of Nevada Greggory D. Crouch, of the District of Co- Stephanie Turco Williams, of Texas Catherine I. Ebert-Gray, of Colorado lumbia Eugene Stewart Young, of the District of Co- Susan Marsh Elliott, of Florida Don D. Curtis, of Maryland lumbia Thomas Scott Engle, of the District of Co- John J. Daigle, of Louisiana Career Members of the Senior Foreign lumbia Joel Danies, of the District of Columbia Service, Class of Counselor, and Consular Of- Marilyn Claire Ferdinand, of Virginia John Winthrop Dayton III, of Texas ficers and Secretaries in the Diplomatic Valerie C. Fowler, of Washington Nicholas Julian Dean, of Virginia Service of the United States of America: Daniel Edward Goodspeed, of Virginia Robin D. Diallo, of California Robert L. Adams, of Virginia William S. Green, of Ohio John Walter Dinkelman, of Wyoming Thomas A. Barnard, of Virginia Jeri S. Guthrie-Corn, of California Brian P. Doherty, of Florida Francis John Bray, Jr., of California Michael A. Hammer, of Maryland Christine Ann Elder, of Virginia Carmen Margarita Castro, of Virginia D. Brent Hardt, of Florida Nina Maria Fite, of Pennsylvania Ronnie S. Catipon, of Virginia

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18559 David F. Cooper, of Florida Corina Chentze Warfield, of California Robert Richard Gatehouse, Jr., of Con- Edwin W. Daly, of Virginia Katharine Antonia Weber, of Alaska necticut Craig Dicker, of Maryland The following-named Career Members of Joseph Martin Geraghty, of Pennsylvania Mark S. Graves, of Virginia the Senior Foreign Service of the Agency for John Drew Giblin, of Georgia Edwin Guard, of Virginia International Development for promotion Stephanie Snow Gilbert, of Oklahoma Charles J. Horkey, of Florida within and into the Senior Foreign Service Mark Thomas Goldrup, of California Richard J. Ingram, of Virginia to the classes indicated: Michael Gorman, of Virginia Michael P. Kane, of Virginia Career Members of the Senior Foreign Catherine A. Hallock, of New York Kevin J. Kilpatrick, of Indiana Service, Class of Career Minister: Jessica Amy Hartman, of California Gregary James Levin, of California Stephanie M. Hauser, of Florida David E. Eckerson, of Virginia Jeffrey D. Lischke, of Virginia Jeffrey M. Hay, of Virginia Earl W. Gast, of California Kathleen G. Lively, of Virginia Mark Hernandez, of Virginia William Hammink, of the District of Colum- Thomas G. McDonough, of Maryland Benjamin George Hess, of North Carolina bia Brian J. McKenna, of Maryland Kathryn L. Holmgaard, of Virginia Susumu Ken Yamashita, of Florida Patrick J. Moore, of Florida Jonathan Paul Howard, of Virginia Wayne F. Quillin, of New York Career Members of the Senior Foreign Brent W. Israelsen, of Nevada John H. Rennick, of Texas Service, Class of Minister Counselor: Eric Ryan Jacobs, of Florida Susan B. Summers, of Virginia Robert F. Cunnane, of Florida Nichiren Rashad Jones, of Georgia Robert W. Weitzel, of Virginia Alexander Dickie IV, of Texas Rachel Ynyr Kallas, of Wisconsin Allen L. Krause, of Michigan The following named Career Member of the Susan French Fine, of Virginia Dawson Law, of Florida Foreign Service of the International Broad- Brooke Andrea Isham, of Washington Katherine Maureen Leahy, of New Jersey casting Bureau for promotion into the Sen- Kevin J. Mullally, of Arizona Adam Jacob Leff, of the District of Columbia ior Foreign Service to the class indicated: Charles Eric North, of Virginia Denise Annette Rollins, of the District of Co- Rong Rong, Li, of Maine Career Member of the Senior Foreign Serv- lumbia Elizabeth Angela Litchfield, of Illinois ice, Class of Counselor, and Consular Officer Thomas H. Staal, of Maryland Jennifer L. McAndrew, of Texas and Secretary in the Diplomatic Service of Dennis James Weller, of Illinois Daniel Craig McCandless, of Pennsylvania the United States of America: Melissa A. Williams, of Virginia Julia P. McKay, of South Carolina Michael R. Hardegen, of Florida Elizabeth Albin Meza, of Texas Career Members of the Senior Foreign Career Members of the Senior Foreign Eric C. Moore, of Oregon Service, Class of Counselor: Service, Class of Minister Counselor: Kristy M. Mordhorst, of Texas James J. Higgiston, of Maryland Jim Nelson Barnhart, Jr., of Georgia Walker Paul Murray, of Washington David C. Miller, of Washington Sherry F. Carlin, of Florida Scott A. Norris, of Texas Elia P. Vanechanos, of New Jersey Kimberly J. Delaney, of California Sarah Oh, of New York Celestina M. Dooley-Jones, of South Dakota Career Members of the Senior Foreign James Paul O’Mealia II, of New Jersey Lisa Rose Franchett, of California Service, Class of Counselor: Irene Ijeoma Onyeagbako, of Nevada Michelle Allison Godette, of Florida Gary W. Meyer, of Wisconsin Erik Graham Page, of South Carolina Deborah Lynn Grieser, of Illinois Eric A. Wenberg, of Wyoming Jennifer Leigh Palmer, of California Nancy L. Hoffman, of Florida Neil M. Phillips, of Maryland The following-named persons of the United James M. Hope, of Texas Jay Lanning Porter, of Utah States Agency for International Develop- Mark S. Hunter, of Virginia A. Larissa Proctor, of Virginia ment for appointment as Foreign Service Of- Rebecca A. Latorraca, of West Virginia Margaret S. Ramsay, of New York ficers of the classes stated. Teresa L. McGhie, of Nevada Jeramee C. Rice, of Tennessee For appointment as Foreign Service Offi- Elizabeth E. Palmer, of Arizona James Thomas Rider, of Michigan cer of Class Two, Consular Officer and Sec- Joakim Eric Parker, of California Shannon M. Ritchie, of Virginia retary in the Diplomatic Service of the Andrew William Plitt, of Maryland George Rivas, Jr., of Texas United States of America, Roy Plucknett, of Virginia Jennifer Wells Robertson, of Virginia Stephen J. Gonyea, of Florida Leslie K. Reed, of California Dustin Salveson, of New York Ritu K. Tariyal, of California Allen F. Vargas, of Florida Jonathan Charles Scott, of California Alexis Maria Taylor, of New York Clinton David White, of Florida Mihail David Seroka, of Alabama For appointment as Foreign Service Offi- The following-named persons of the De- Travis Mark Sevy, of Utah cer of Class Three, Consular Officer and Sec- partment of State for appointment as For- Muhammad R. Shahbaz, of New York retary in the Diplomatic Service of the eign Service Officers of the classes stated. George Brandon Sherwood, of North Carolina United States of America, For appointment as Foreign Service Offi- Michael Aaron Shulman, of the District of Sarah Maxwell Banashek, of California cer of Class Four, Consular Officer and Sec- Columbia Robert B. Barton, of Pennsylvania retary in the Diplomatic Service of the Gwendolynne M. Simmons, of Florida Aaron J. Bishop, of California United States of America, Nathan R. Simmons, of Idaho Ana Isabel Bodipo-Memba, of the District of Karl Miller Adam, of Texas Nisha Dilip Singh, of California Columbia Andrew L. Armstrong, of Florida Jeremy Daniel Slezak, of Texas Kevin Maurice Brown, of Florida Dina A. Badawy, of Virginia Alan Joseph Smith, of the District of Colum- Elizabeth Ann Callender, of Virginia Francoise I. Baramdyka, of California bia Monica Dore Carlson, of Virginia Brian Paul Beckmann, of Minnesota Eric Anthony Smith, of California Elizabeth Davnie-Easton, of Virginia Fritz W. Berggren, of Washington Ve´ronique Elisabeth Smith, of California Cristina M. Drost, of Nevada Marie Marguerite Blanchard, of Massachu- Kristen Marie Stolt, of Illinois Charles Ogorchukwu Egu, of Maryland setts Michael James Wautlet, of Colorado Susan Fenno, of Maine Kathryn W. Bondy, of Georgia Erin Ramsey Wilhelm, of the District of Co- Christopher Todd Foley, of New York Melanie Lynette Bonner, of the District of lumbia Christine D. Gandomi, of Arizona Columbia Garrett E. Wilkerson, of Oregon Anya Glenn, of California Matthew J. Britton, of California Amanda L. Williams-Ford, of North Carolina Alexandra Isabel Huerta, of Washington Bianca M. Collins, of Michigan Nelson H. Wu, of Virginia Deborah L. Johnston, of Virginia Anton Mark Cooper, of Washington Margaret Anne Young, of Missouri Melanie A. Luick-Martins, of Iowa Melissa Elmore Cotton, of Massachusetts Michael Joseph Young, of Colorado Steven M. Majors, of Missouri Andrew Joseph Curiel, of California The following-named Members of the For- Mark A. Mitchell, of Oregon Hannah A. Draper, of Arkansas eign Service to be Secretaries or Consular Christine M. Obester, of Virginia Thomas Anthony Duval, of Massachusetts Officers and Secretaries in the Diplomatic Amy Michelle Partida, of Texas James P. DuVernay, of New Jersey Service of the United States of America: Allyson L. Phelps, of Arizona Amy E. Eagleburger, of California Sarah Ahmed, of Virginia Andrew Ari Rebold, of New York Jonathan Edward Earle, of Missouri Zakhar Amchislavsky, of the District of Co- Shannon Marae Rogers, of Colorado Jeremy Edwards, of Texas lumbia Andrea Sawka, of Florida Jeffrey Edward Ellis, of Washington Moses An, of California Jason Lee Smith, of the District of Columbia John C. Etcheverry, of California Brian I. Apel, of Virginia Richard E. Spencer, of Virginia Dylan Thomas Fisher, of Virginia Tobei B. Arai, of Georgia Matthew Earl Sumpter, of California Theodore Joseph Fisher, of California Harry J. Bethke, of Virginia Greg M. Swarin, of Michigan Rebecca V. Gardner, of Ohio Littane Bien-Aime, of Massachusetts

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18560 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 January 1, 2013 Keondra S. Bills, of New York Anne-Marie G. Melanson, of Virginia tions and the Senate proceed to their Ryan P. Blanton, of Missouri Ronald Mendez, of Texas consideration en bloc: Commerce Com- Jackson Bloom, of California Victoria S. Meuret, of Virginia mittee, Presidential Nominations 1919, Michael C. Blue, of Pennsylvania Cameron Scott Millard, of Washington 1774, 1924, 1702, 1925, 1509, 2009, 2010, 2011, Pren-Tsilya Boa-Guehe, of Maryland Jared R. Milton, of Virginia Elizabeth Boniface, of Virginia Amy Rachel Monsarrat, of Virginia 2012, 2021, 2045, 2046; Veterans’ Affairs Douglas L. Brady, of Virginia Joseph J. Motyleski, of Virginia Committee and HELP Committee, Alain C. Brainos, of Virginia Jonathan G. Nadzam, of Virginia Presidential Nomination 1948; Home- Patrick Branco, of Hawaii Emma Mariska Nagy, of California land Security and Governmental Af- Joseph A. Brandifino, of Virginia Brandon K. Nolen, of the District of Colum- fairs Committee, Presidential Nomina- Adam Matthew Brown, of Florida bia tion 1698; Environment and Public Amy B. Brown, of the District of Columbia Mark W. Okiishi, of Virginia Works Committee, Presidential Nomi- Travis S. Brown, of the District of Columbia Haneef L. Omar, of Maryland nations 1966, 1965, 1964, 1398, 1950; that Amanda Rose Buescher, of California Stephen J. Osullivan, of Virginia Paul R. Bullard, of New York Benjamin Overby, of Nevada the nominations be confirmed; that the Jose E. Campoy, of Arizona Jane Jihye Park, of Virginia motions to reconsider be considered Virgil William Carstens, of Texas Julianne Nicole Parker, of Florida made and laid upon the table with no Mark R. Carter, of Connecticut Gregory Parnell, of Virginia intervening action or debate; that no Ryan W. Casselberry, of Florida Sapna K. Patel, of Texas further motions be in order to the Tuseef Chaudhry, of Virginia Thomas Benjamin Perkowski, of the District nominations; that any related state- Doreen A. Ciavarelli, of Virginia of Columbia Pam S. Cobb, of the District of Columbia ments be printed in the RECORD; and Ryan Evan Peterson, of Virginia that the President be immediately no- Anita C. Cochran, of New York Jeffrey Prenger, of Maryland Lindsay Coldwell, of Virginia David A. Rasmussen, of Virginia tified of the Senate’s action. Patricia Connor, of Virginia Michael F. Renehan, of Maryland The PRESIDING OFFICER. Without Marlo Salaita Cross-Durrant, of the District Kelli A. Rettinger, of Virginia objection, it is so ordered. of Columbia Michael Clinton Riley, of North Carolina The nominations considered and con- Daniel William Cunnane, of Virginia Brady E. Roberts, of Texas firmed en bloc are as follows: Christine E. Cuoco, of Virginia Scott N. Roffman, of Michigan Mary C. Cypressi, of Pennsylvania FEDERAL TRADE COMMISSION Carrie M. Romoser, of Virginia Joshua D. Wright, of Virginia, to be a Fed- John P. Davies, of Virginia Vanessa N. Rozier, of Connecticut Maria C. Dec, of Virginia eral Trade Commissioner for the term of Andrea L. Ruschenberg, of Virginia seven years from September 26, 2012. Anthony Delladonna, of Virginia Anastasia J. Sadowski, of Virginia Dan Deming, of Virginia Patrick Salzwedel, of North Carolina DEPARTMENT OF TRANSPORTATION Elizabeth A. Dreeland, of Arizona Aleksey Sanchez, of Florida Polly Ellen Trottenberg, of Maryland, to Elisabeth F. El-Khodary, of Maryland David M. Schorr, of Idaho be Under Secretary of Transportation for Mark C. Elliott, of Maryland Leah J. Severino, of California Policy. Anthony L. Ettison, of Maryland Ahmed Shama, of New York DEPARTMENT OF COMMERCE John V. Fazio, of Illinois Jeffry Howard Sheldon, of Montana Benjamin Michael Fehrman, of North Caro- Mark Doms, of Maryland, to be Under Sec- Mark T. Shen, of Virginia lina retary of Commerce for Economic Affairs. Andrew Todd Shepard, of Florida Joseph P. Ferguson, of Florida FEDERAL COMMUNICATIONS COMMISSION Christina Terrill Skipper, of Virginia Paul I. Fishbein, of California Kevin W. Smith, of Virginia Mignon L. Clyburn, of South Carolina, to Paul R. Fleming, of Michigan Alesia L. Sourine, of Michigan be a Member of the Federal Communications Jennifer R. Garcia, of Virginia Crystal Spearman, of Texas Commission for a term of five years from Karina Gabriela Garcia, of California July 1, 2012. Courtney L. Gates, of California Max Joseph Steiner, of California AMTRAK John Hunter Gray, of California William John Steinmetz, of Virginia Marina Vishnevetsky Grayson, of Texas Alex Stewart, of Virginia Christopher R. Beall, of Oklahoma, to be a Colin Guard, of Washington Rebecca Joy Stewart, of the District of Co- Director of the Amtrak Board of Directors Nathaniel Sherman Haft, of Ohio lumbia for a term of five years. Allyson Hamilton-McIntire, of Kentucky RaeJean K. Stokes, of Connecticut Yvonne Brathwaite Burke, of California, to Anne Louise M. Hanson, of Virginia William Stroud, of Virginia be a Director of the Amtrak Board of Direc- Kaylea J. Happell, of the District of Colum- Michael John Suleski, of Virginia tors for a term of five years. bia Ivan Susak, of Virginia IN THE COAST GUARD Mark W. Hardy, of Virginia Robert T. Sutter, of the District of Columbia Pursuant to title 14, U.S. Code, Sections Byron Clement Hartman, of Virginia Pamela M. Tadken, of Maryland 189 and 276, the following named officers of Tyson P. Hinds, of Virginia Karla Thomas, of Washington the Coast Guard permanent commissioned Theodore Ho, of California Markus A. Thomi, of New York teaching staff for appointment to the grades Alexis J. Huff, of California Samuel H. Thompson, of Virginia indicated in the United States Coast Guard: Leah Thornstenson, of Texas Kenneth H. Ilgenfritz, of Virginia To be captain Daniela Stefanova Ionova-Swider, of Florida Nicholas J. Unger, of California Kendall D. Jackson, of West Virginia Todd William Unterseher, of Louisiana Brigid M. Pavilonis Briana Nicole Jones, of the District of Co- Jennifer L. VanWinkle, of Iowa To be lieutenant commander lumbia Juan Manuel Vazquez, of Washington Victoria C. Futch Susan Rivers Vesel, of Virginia Jeff Jung, of California Pursuant to title 10, U.S. Code, Section Vanessa Lisbeth Vidal Castellanos, of Cali- Hiram K. Keliipio, of Virginia 12203, the following named officers for ap- fornia Akbar Khalid, of Virginia pointment to the grade indicated in the Ann Marie Warmenhoven, of Florida Walid N. Kildani, of Virginia United States Coast Guard Reserve: Yuki Kondo-Shah, of Arizona Bryan D. Weisbard, of Virginia Patrick E. Koucheravy, of Virginia Robert C. Wheeler, of Virginia To be captain Laurie Anne Kuriakose, of Illinois Lee Vincent Wilbur, of South Dakota Barbara A. Anderson Jessie Marie Kuykendall, of Oklahoma Jacqueline K. Wilson, of Oregon Elizabeth S. Becker Rebecca A. Larson, of the District of Colum- Peter Brenner Winter, of New Mexico James M. Bradshaw bia Kevin Wong, of Virginia Stephen K. Browning Jaime Faye LeBlanc-Hadley, of Texas William H. Wyche, of Virginia Andrew T. Grenier Alex Vladichak Litichevsky, of New Jersey Mark K. Yang, of Virginia Craig R. Henzel Paul J. Kosiba Amy L. Loprete, of Maryland f Cesar Marines, of Virginia Richard P. McLoughlin James McDonnell, of the District of Colum- NOMINATIONS DISCHARGED Mary A. Merlin bia Darren M. Moore Monty Rushmoore McGee, of Virginia Mr. REID. Mr. President, I ask unan- Mark M. Murakami Sean P. McGuire, of Virginia imous consent that the following com- Raymond A. Murray Sutton Adell Meagher, of the District of Co- mittees be discharged from further Richard K. Nelson lumbia consideration of the following nomina- John P. Nolan

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18561 Sean K. O’Brien Steven P. Wittrock Susan M. Maitre Jeffrey K. Pashai Pursuant to title 14, U.S. Code, Section Eric D. Masson Ronald C. Richard 271(e), the following named officers for ap- Harry D. Mautte Charles T. Scheel pointment to the grade indicated in the John F. Mccarthy Paul J. Smith United States Coast Guard: Randy F. Meador Kenneth G. Stefanisin To be commander Michael L. Medica Timothy G. Meyers Pursuant to title 14, U.S. Code, Section 271, Matthew P. Barker Alan H. Moore the following named officers for appointment Michael W. Batchelder to the grade indicated in the United States Joshua D. Bauman Ellis H. Moose Coast Guard: Adam G. Bentley Anne M. Morrissey To be captain Damon L. Bentley Ulysses S. Mullins Charles G. Alcock Kenneth E. Blair Kenneth T. Nagie Michael S. Antonellis Kenneth J. Boda Raymond. Negron Michael A. Baroody Camilla B. Bosanquet David J. Obermeier Kevin F. Bruen Roy R. Brubaker Sean J. Obrien Mark J. Bruyere Joann F. Burdian Thomas A. Olenchock Joseph R. Buzzella Andrew T. Campen Rebecca E. Ore Peter J. Clemens Scott S. Casad Luis C. Parrales Amy B. Cocanour Christopher R. Cederholm Scott W. Peabody Benjamin A. Cooper John R. Cole Luke A. Perciak Dean J. Dardis Robert C. Compher Patrick F. Peschka Benjamin L. Davis Chad W. Cooper Justin D. Peters Andres V. Delgado Nathan E. Coulter Harper L. Phillips Timothy D. Denby Joandrew D. Cousins Tracy O. Phillips Dennis C. Evans Charles C. Culotta Scott S. Phy Kent W. Everingham Cornelius E. Cummings Frank A. Pierce Charles E. Fosse Shawn E. Decker Keith J. Pierre Claudia C. Gelzer Michael E. Delury Shannon M. Pitts Thomas W. Gesele Stephen A. Devereux Alisa L. Praskovich Shannon N. Gilreath John T. Dewey Steven E. Ramassini Jason R. Hamilton Jose E. Diaz Jacob J. Ramos Lonnie P. Harrison John R. Dittmar Rodrigo G. Rojas Robert T. Hendrickson Keith M. Donohue Matthew A. Rudick Glenn C. Hernandez Eric D. Drey Rosario M. Russo Pedro L. Jimenez Jerome E. Dubay Belinda C. Savage Eric G. Johnson Mia P. Dutcher Clint B. Schlegel Kevin A. Jones Timothy W. Eason Anita M. Scott Samuel R. Jordan Damon C. Edwards Arthur R. Shuman Ted L. Jordan Jeffrey T. Eldridge David M. Sherry Lawrence A. Kiley Janet D. Espinoyoung Michael J. Simbulan Nathan E. Knapp Matthew R. Farnen Jennifer L. Sinclair William J. Lane Sarah K. Felger Loring A. Small Carola J.G. List Kevin B. Ferrie Derek L. Smith Thomas S. MacDonald Todd A. Fisher Eric A. Smith Sean C. MacKenzie Ted R. Fowles Shad S. Soldano Edward J. Marohn Michael E. Frawley James W. Spitler David G. McClellan Tanya L. Giles Douglas K. Stark Patrick S. McElligatt Michael J. Goldschmidt John M. Stone Keith P. McTigue Michael D. Good Vasilios Tasikas Matthew T. Meilstrup Hans C. Govertsen Romualdus M. tenBerge Mark J. Morin Charles M. Guerrero Michael D. Thomas Mitchell A. Morrison Tim A. Gunter Matthew A. Thompson Andrew D. Myers Thomas T. Harrison Solomon C. Thompson Lee B. Mynatt Robert E. Hart Russell R. Torgerson Jason D. Neubauer Heath A. Hartley Gregory M. Tozzi James A. Passarelli Casey J. Hehr Christopher A. Tribolet Stephen E. Raney Jonathan N. Hellberg Clinton A. Trocchio John D. Reeves Scott C. Herman Bryan J. Ullmer Sean P. Regan Anna W. Hickey James A. Valentine Brian W. Roche Nakeisha B. Hills Eva J. Vancamp Patrick A. Ropp Christopher M. Huberty Paul G. Vogel Aaron E. Roth Christopher J. Hulser David M. Webb Jose A. Saliceti Austin R. Ives Tyson S. Weinert Edward W. Sandlin Thomas A. Jacobson Molly A. Wike Timothy J. Schang Jeffrey H. Jager Terence J. Williams Ronald K. Schuster David M. Johnston Kevin M. Wilson Robert L. Smith Daniel C. Jones Nicholas L. Wong Joseph H. Snowden Warren D. Judge Andrew J. Wright Jonathan S. Spaner Sean R. Katz James P. Spotts Richard J. Kavanaugh Pursuant to title 14, U.S.C., Section 271(d), Mikeal S. Staier Brian R. Khey the following named officers for appointment Todd R. Styrwold Michael L. Kilmer in the United States Coast Guard to the Erich M. Telfer Jared E. King grade indicated: Jeffery W. Thomas Bradley J. Klimek To be rear admiral lower half Richard V. Timme Perry J. Kremer Capt. Peter J. Brown William R. Timmons Charles F. Kuebler Capt. Scott A. Buschman Gary L. Tomasulo Joseph T. Lally Capt. Michael F. McAllister Jonathan W. Totte Daniel F. Leary Capt. June E. Ryan John C. Vann Erin M. Ledford Capt. Joseph M. Vojvodich Robert W. Warren Jacqueline M. Leverich Timothy J. Wendt Andrew H. Light Pursuant to title 10, U.S.C., Section 12203, Edward A. Westfall Lexia M. Littlejohn the following named officers for appointment Jeffrey C. Westling Chad A. Long to the grade indicated in the United States Gregory D. Wisener Kevin P. Lynn Coast Guard Reserve:

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18562 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 January 1, 2013 To be captain Arthur M. Dehnz Bradley W. Middleton Robert T. Hanley Phillip A. DeLisle David A. Middleton Gary W. Jones Jeremy R. Denning Brooke A. Millard Dirk A. Stringer Jarrod M. Dewitz Jesse M. Millard Jennifer R. Doherty Jonathan D. Miller Pursuant to title 14, U.S.C., Section 271(e), Douglas M. Doll Kenneth R. Millson the following named officers for appointment Scot R. Druckrey Boris Montatsky to the grade indicated in the United States Lauren F. Dufrene Commander K. Moore Coast Guard: Christopher P. Dufresne Michael C. Morefield To be lieutenant commander Francisco A. Estevez Kathryn A. Moretti Austin L. Adcock Patricia L. Ferrell Robert S. Morris Lawrence F. Ahlin Stanley P. Fields Kelly J. Moyers Antone S. Alongi Jason M. Finison Ernesto Muniztirado Monica F. Andersen Brandon C. Fisher Gary C. Murphy Mikael D. Anderson Matthew L. Fitzgibbons Scott C. Murphy Jennifer J. Andrew Jason S. Franz Steven M. Myers Audie J. Andry Michael Friend Ronald T. Nakamoto Edward S. Aponte Tracy D. Funck Samuel R. Nassar Matthew S. Austin Matthew A. Gans Brandon J. Natteal Bernard C. Auth Lisa L. Garcez Joshua B. Nelson Samuel H. Babbitt Kevin E. Garcia Ian S. Neville-Neil Brian D. Bachtel Jesse J. Garrant Michael D. Newell Engrid A. Backstrom Greg S. Gedemer Michael C. Norris Michael W. Baird Lacresha A. Getter Charles S. Novak John E. Bannon James A. Gibson Jr Stephen P. Nutting Roger B. Barr Michael R. Gillham Jeremy R. Obenchain Stephen T. Baxter Erin K. Gilson Janna M. Ott Todd M. Behney Gerrod C. Glauner Daniel G. Owen James R. Bendle Jerod A. Glover Tina D. Owen Patricia M. Bennett Ian A. Hall Nicholas W. Parker Torrey H. Bertheau Andrew P. Halvorson Thomas T. Pequignot Robert A. Bixler Kent D. Hammack Luke R. Petersen Kelly C. Blackburn Anders J. Hammersborg Michael C. Petta Julie E. Blanchfield James J. Hannam Mark A. Piber Ronald D. Bledsoe Gregory A. Hayes Sean P. Plankey Brian T. Boland Juan M. Hernandez Jason T. Plumley Jeffrey M. Bolling Reyna E. Hernandez Beau G. Powers Erin M. Boyle Gerald J. Hewes Clayton S. Preble Tommy J. Brackins Anthony S. Hillenbrand Kristen M. Preble Corey A. Braddock James E. Hiltz Randy L. Preston Adam C. Brennell Marcus T. Hirschberg Christopher C. Putnam Michael D. Brimblecom Matthew M. Hobbie Miles R. Randall Collin R. Bronson Mary D. Hoffman Kevin J. Rapp Mary D. Brooks Crist M. Holveck Kent R. Reinhold Meaghan H. Brosnan Daniel J. Huelsman Emily P. Reuter Cody L. Brown Donald E. Hunley Jonathan P. Rice Katherine L. Brown Michael J. Hunt Christian P. Rigney Staci K. Brown Daniel G. Hurd Stanley L. Robinson Bradley A. Brunaugh Ian T. Hurst Chad J. Robuck Christopher D. Brunclik Marcus A. Ivery Kenneth H. Rockhold Martin J. Bryant Raymond D. Jackson Thomas C. Rodzewicz Elizabeth A. Buendia James A. Jenks Kjell C. Rommerdahl Kenneth J. Burgess Briana N. Jewczyn Elizabeth M. Roscoe Nicole S. Burgess Nathaniel K. Johnson Jeffrey H. Rubini Adam N. Burkley Thomas D. Jones Eric S. Runyon Eric S. Burley Mark C. Jorgensen Catharine L. Ryan Kara L. Burns Kevin L. Kammeter Michael K. Saffold William R. Cahill Kevin T. Karow Jaime Salinas Michael J. Calderone Anthony J. Kenne Richard C. Sansone James J. Camp Margaret D. Kennedy Andrew G. Schanno James M. Carabin James R. Kenshalo Matthew A. Schibler Luis O. Carmona Corey M. Kerns Brian C. Schmidt Joel B. Carse Gregory J. Knoll William A. Schrade Christopher L. Carter Matthew R. Kolodica David P. Sheppard Aaron J. Casavant Michael A. Kops Brendan C. Shields Christy S. Casey Scott C. Kramer Luke M. Slivinski David K. Chapman Richard E. Kuzak Frances M. Smith Jeffrey J. Chonko Ryan B. Lamb Pablo V. Smith Gregory A. Clayton Kara M. Lavin Paul D. Smith Bryan J. Coffman Amanda M. Lee Scott R. Smith Bradley D. Conway Almerick C. Lim William M. Snyder Adam J. Cooley Brandon M. Link Benjamin J. Spector James R. Cooley Christopher D. Lucero Donald S. Stiker George H. Cottrell Beth A. Mager Christopher S. Stoeckler Jeremy A. Courtade Krissy A. Marlin Steven D. Stowers Michael T. Courtney Rodney G. Martinez Kevin J. Sullivan Allison B. Cox Matthew K. Matsuoka Robert J. Tenetylo Jonathan W. Cox Gregg J. Maye Philip D. Thisse Brooks C. Crawford Kevin J. Mcdonald Joseph G. Thomas Byron A. Creech Clay D. Mckinney Keith O. Thomas Daniel A. Cruz John M. McWilliams Stephen G. Thompson David B. Cruz Christopher D. Meik Jarod S. Toczko Walter L. Daniel Nathan S. Menefee Miguel E. Torrez Michael R. Darrah George F. Menze Douglas M. Trent

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18563 Roberto N. Trevino rectors of the Millennium Challenge Cor- WAIVER OF PARCHMENT PRINTING Kristofer A. Tsairis poration for a term of three years. Mr. REID. I ask unanimous consent Christopher B. Tuckey NATIONAL COUNCIL ON THE ARTS Matthew S. Tuohy that the Senate proceed to H. Con. Res. Maria Lopez De Leon, of Texas, to be a 147. Jorge L. Valente Member of the National Council on the Arts Benjamin J. Velazquez for a term expiring September 3, 2018. The PRESIDING OFFICER. The David B. Vicks Bruce Carter, of Florida, to be a Member of clerk will report the concurrent resolu- Brett R. Walter the National Council on the Arts for a term tion by title. Matthew J. Walter expiring September 3, 2016. The assistant legislative clerk read Benjamin M. Walton BARRY GOLDWATER SCHOLARSHIP AND as follows: Molly K. Waters EXCELLENCE IN EDUCATION FOUNDATION A concurrent resolution (H. Con. Res. 147) Ryan A. Waters Stewart M. De Soto, of Illinois, to be a waiving the requirement that measures en- Douglas D. Watson Member of the Board of Trustees of the rolled during the remainder of the One Hun- Justin L. Westmiller Barry Goldwater Scholarship and Excellence dred Twelfth Congress be printed on parch- Shannon M. Whitaker in Education Foundation for a term expiring ment. Neil A. White August 11, 2016. Robert S. Whiteside There being no objection, the Senate Carl A. Wilson UNITED STATES INSTITUTE OF PEACE proceeded to consider the concurrent Charles K. Wilson Joseph Eldridge, of the District of Colum- resolution. Eric J. Wilson bia, to be a Member of the Board of Directors Mr. REID. I ask unanimous consent Christopher Wolfer of the United States Institute of Peace for a that the concurrent resolution be term of four years. Dana L. Woodall agreed to and the motion to reconsider NATIONAL COUNCIL ON THE HOMELESS Nicholas S. Worst be considered made and laid upon the Damian Yemma Camila Ann Alire, of Colorado, to be a table with no intervening action or de- Israel J. Young Member of the National Council on the Hu- Russell R. Zuckerman manities for a term expiring January 26, bate. The PRESIDING OFFICER. Without DEPARTMENT OF LABOR 2018. METROPOLITAN WASHINGTON AIRPORTS objection, it is so ordered. Keith Kelly, of Montana, to be Assistant The concurrent resolution (H. Con. Secretary of Labor for Veterans’ Employ- AUTHORITY ment and Training. William Shaw McDermott, of Massachu- Res. 147) was agreed to. OFFICE OF GOVERNMENT ETHICS setts, to be a Member of the Board of Direc- f Walter M. Shaub, Jr., of Virginia, to be Di- tors of the Metropolitan Washington Air- ORDERS FOR WEDNESDAY, ports Authority for a term expiring Novem- rector of the Office of Government Ethics for JANUARY 2, 2013 a term of five years. ber 22, 2017. Nina Mitchell Wells, of New Jersey, to be a Mr. REID. Mr. President, I ask unan- TENNESSEE VALLEY AUTHORITY Member of the Board of Directors of the Met- imous consent that when the Senate Joe H. Ritch, of Alabama, to be a Member ropolitan Washington Airports Authority for completes its business today, it ad- of the Board of Directors of the Tennessee a term expiring May 30, 2018. Valley Authority for a term expiring May 18, journ until 12 p.m. tomorrow, January 2016. f 2, 2013; that following the prayer and Michael McWherter, of Tennessee, to be a LEGISLATIVE SESSION pledge, the Journal of proceedings be Member of the Board of Directors of the Ten- The PRESIDING OFFICER. Under approved to date, the morning hour be nessee Valley Authority for a term expiring deemed expired, and the time for the May 18, 2016. the previous order, the Senate will re- Vera Lynn Evans, of Tennessee, to be a sume legislative session. two leaders be reserved for their use Member of the Board of Directors of the Ten- The majority leader. later in the day; that following any nessee Valley Authority for a term expiring f leader remarks, the Senate proceed to May 18, 2017. a period of morning business until 1:30 C. Peter Mahurin, of Kentucky, to be a CLARIFYING THAT ACCOUNTS IN p.m. for debate only with Senators per- Member of the Board of Directors of the Ten- THE THRIFT SAVINGS FUND ARE mitted to speak for up to 10 minutes nessee Valley Authority for a term expiring SUBJECT TO CERTAIN FEDERAL May 18, 2016. each. TAX LEVIES CHEMICAL SAFETY AND HAZARD INVESTIGATION The PRESIDING OFFICER. Without BOARD Mr. REID. Mr. President, I ask unan- objection, it is so ordered. Beth J. Rosenberg, of Massachusetts, to be imous consent that the Homeland Se- f curity and Governmental Affairs Com- a Member of the Chemical Safety and Hazard EXPRESSION OF THANKS Investigation Board for a term of five years. mittee be discharged from further con- Mr. REID. Mr. President, first of all, f sideration of H.R. 4365 and the Senate proceed to its consideration. I appreciate everyone, including the PRIVILEGED NOMINATIONS The PRESIDING OFFICER. Without Presiding Officers we have had over the Mr. REID. I ask unanimous consent objection, it is so ordered. last few days, and everyone, especially that the Senate proceed to consider the The clerk will report the bill by title. the staff who have been working so following nominations under the Privi- The assistant legislative clerk read hard. Everyone is just as tired as I am, leged section of the Executive Cal- as follows: I am sure. So I appreciate very much endar: PN 2068, 1566, 1934, 1939, 1945, A bill (H.R. 4365) to amend title 5, United the hard work, and I hope tomorrow 1796, 1926, 1927; that the nominations be States Code, to make clear that accounts in will go well. the Thrift Savings Fund are subject to cer- confirmed, the motions to reconsider f be made and laid upon the table with tain Federal tax levies. no intervening action or debate; that There being no objection, the Senate ADJOURNMENT UNTIL TOMORROW no further motions be made in order to proceeded to consider the bill. Mr. REID. If there is no further busi- the nominations; that any related Mr. REID. Mr. President, I ask unan- ness to come before the Senate, I ask statements be printed in the RECORD; imous consent that the bill be read a unanimous consent that the Senate that the President be immediately no- third time and passed, the motion to stand adjourned under the previous tified of the Senate’s action and the reconsider be laid upon the table, with order. Senate then resume legislative session. no intervening action or debate, and There being no objection, the Senate, The PRESIDING OFFICER. Without any statements be printed in the at 5:58 p.m., adjourned until Wednes- objection, it is so ordered. RECORD. day, January 2, 2013, at 12 noon. The nominations considered and con- The PRESIDING OFFICER. Without f firmed are as follows: objection, it is so ordered. DISCHARGED NOMINATIONS MILLENNIUM CHALLENGE CORPORATION The bill (H.R. 4365) was ordered to a Morton H. Halperin, of the District of Co- third reading, was read the third time, The Senate Committee on Foreign lumbia, to be a Member of the Board of Di- and passed. Relations was discharged from further

VerDate Sep 11 2014 11:21 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR12\S01JA3.000 S01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18564 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 January 1, 2013 consideration of the following nomina- mous consent and the nomination was IN THE AIR FORCE tions by unanimous consent and the confirmed: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT nominations were confirmed: IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- KEITH KELLY, OF MONTANA, TO BE ASSISTANT SEC- CATED UNDER TITLE 10, U.S.C., SECTIONS 12203: RETARY OF LABOR FOR VETERANS’ EMPLOYMENT AND FOREIGN SERVICE NOMINATION OF GARY T. GREENE. TRAINING. To be brigadier general FOREIGN SERVICE NOMINATIONS BEGINNING WITH PHILIP S. GOLDBERG AND ENDING WITH ROBERT W. The Senate Committee on Homeland COLONEL STEPHEN J. LINSENMEYER, JR. WEITZEL, WHICH NOMINATIONS WERE RECEIVED BY THE THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED SENATE AND APPEARED IN THE CONGRESSIONAL Security and Governmental Affairs was STATES OFFICERS FOR APPOINTMENT IN THE RESERVE RECORD ON NOVEMBER 13, 2012. discharged from further consideration OF THE AIR FORCE TO THE GRADE INDICATED UNDER FOREIGN SERVICE NOMINATION OF MICHAEL R. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: HARDEGEN. of the following nomination by unani- FOREIGN SERVICE NOMINATIONS BEGINNING WITH mous consent and the nomination was To be brigadier general JAMES J. HIGGISTON AND ENDING WITH ERIC A. WENBERG, WHICH NOMINATIONS WERE RECEIVED BY confirmed: COL. CALVIN H. ELAM THE SENATE AND APPEARED IN THE CONGRESSIONAL THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED WALTER M. SHAUB, JR., OF VIRGINIA, TO BE DIRECTOR RECORD ON NOVEMBER 27, 2012. STATES OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE OFFICE OF GOVERNMENT ETHICS FOR A TERM OF FOREIGN SERVICE NOMINATIONS BEGINNING WITH OF THE AIR FORCE TO THE GRADE INDICATED UNDER FIVE YEARS. STEPHEN J. GONYEA AND ENDING WITH KATHARINE AN- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: TONIA WEBER, WHICH NOMINATIONS WERE RECEIVED BY The Senate Committee on Environ- THE SENATE AND APPEARED IN THE CONGRESSIONAL To be major general RECORD ON NOVEMBER 27, 2012. ment and Public Works was discharged BRIG. GEN. MARK E. BARTMAN FOREIGN SERVICE NOMINATIONS BEGINNING WITH from further consideration of the fol- BRIG. GEN. STANLEY J. OSSERMAN, JR. DAVID E. ECKERSON AND ENDING WITH CLINTON DAVID BRIG. GEN. THOMAS A. THOMAS, JR. WHITE, WHICH NOMINATIONS WERE RECEIVED BY THE lowing nominations by unanimous con- BRIG. GEN. ERIC G. WELLER SENATE AND APPEARED IN THE CONGRESSIONAL sent and the nominations were con- RECORD ON NOVEMBER 27, 2012. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED FOREIGN SERVICE NOMINATIONS BEGINNING WITH firmed: STATES OFFICERS FOR APPOINTMENT IN THE RESERVE KARL MILLER ADAM AND ENDING WITH MARK K. YANG, OF THE AIR FORCE TO THE GRADE INDICATED UNDER C. PETER MAHURIN, OF KENTUCKY, TO BE A MEMBER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TITLE 10, U.S.C., SECTIONS 12203 AND 12212: OF THE BOARD OF DIRECTORS OF THE TENNESSEE VAL- AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- LEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2016. To be brigadier general VEMBER 27, 2012. BETH J. ROSENBERG, OF MASSACHUSETTS, TO BE A COLONEL GLEN M. BAKER The Senate Committee on Com- MEMBER OF THE CHEMICAL SAFETY AND HAZARD IN- COLONEL JEFFREY D. BUCKLEY merce, Science, and Transportation VESTIGATION BOARD FOR A TERM OF FIVE YEARS. COLONEL ANTHONY J. CARRELLI VERA LYNN EVANS, OF TENNESSEE, TO BE A MEMBER COLONEL TIMOTHY J. CATHCART was discharged from further consider- OF THE BOARD OF DIRECTORS OF THE TENNESSEE VAL- COLONEL ANDREW J. DONNELLY ation of the following nominations by LEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2017. COLONEL HAROLD S. EGGENSPERGER MICHAEL MCWHERTER, OF TENNESSEE, TO BE A MEM- COLONEL JAMES O. EIFERT unanimous consent and the nomina- BER OF THE BOARD OF DIRECTORS OF THE TENNESSEE COLONEL BRYAN P. FOX tions were confirmed: VALLEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2016. COLONEL RICKY D. GIBNEY JOE H. RITCH, OF ALABAMA, TO BE A MEMBER OF THE COLONEL CHRISTOPHER A. HEGARTY BOARD OF DIRECTORS OF THE TENNESSEE VALLEY AU- YVONNE BRATHWAITE BURKE, OF CALIFORNIA, TO BE COLONEL JOHN P. HRONEK II THORITY FOR A TERM EXPIRING MAY 18, 2016. A DIRECTOR OF THE AMTRAK BOARD OF DIRECTORS FOR COLONEL PAUL HUTCHINSON A TERM OF FIVE YEARS. f COLONEL KEVIN J. KEEHN MIGNON L. CLYBURN, OF SOUTH CAROLINA, TO BE A COLONEL CHRISTOPHER J. KNAPP MEMBER OF THE FEDERAL COMMUNICATIONS COMMIS- COLONEL MICHAEL E. MANNING SION FOR A TERM OF FIVE YEARS FROM JULY 1, 2012. CONFIRMATIONS COLONEL CLAYTON W. MOUSHON POLLY ELLEN TROTTENBERG, OF MARYLAND, TO BE COLONEL MICHAEL A. NOLAN UNDER SECRETARY OF TRANSPORTATION FOR POLICY. Executive nominations confirmed by COLONEL MICHAEL L. OGLE JOSHUA D. WRIGHT, OF VIRGINIA, TO BE A FEDERAL the Senate January 1, 2013: COLONEL RONALD E. PAUL TRADE COMMISSIONER FOR THE TERM OF SEVEN YEARS COLONEL SAMUEL H. RAMSAY III FROM SEPTEMBER 26, 2012. DEPARTMENT OF THE TREASURY COLONEL WILLIAM B. RICHY MARK DOMS, OF MARYLAND, TO BE UNDER SECRETARY COLONEL ADALBERTO RIVERA RICHARD B. BERNER, OF MASSACHUSETTS, TO BE DI- OF COMMERCE FOR ECONOMIC AFFAIRS. COLONEL SAMI D. SAID RECTOR, OFFICE OF FINANCIAL RESEARCH, DEPART- CHRISTOPHER R. BEALL, OF OKLAHOMA, TO BE A DI- COLONEL ANTHONY E. SCHIAVI MENT OF THE TREASURY, FOR A TERM OF SIX YEARS. RECTOR OF THE AMTRAK BOARD OF DIRECTORS FOR A COLONEL JOHN D. SLOCUM TERM OF FIVE YEARS. FEDERAL MARITIME COMMISSION COLONEL RONALD W. SOLBERG COAST GUARD NOMINATIONS BEGINNING WITH BRIGID IN THE NAVY M. PAVILONIS AND ENDING WITH VICTORIA C. FUTCH, WILLIAM P. DOYLE, OF PENNSYLVANIA, TO BE A FED- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ERAL MARITIME COMMISSIONER FOR THE TERM EXPIR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- ING JUNE 30, 2013. IN THE UNITED STATES NAVY TO THE GRADE INDICATED VEMBER 13, 2012. DEPARTMENT OF TRANSPORTATION WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COAST GUARD NOMINATIONS BEGINNING WITH BAR- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BARA A. ANDERSON AND ENDING WITH KENNETH G. MICHAEL PETER HUERTA, OF THE DISTRICT OF COLUM- STEFANISIN, WHICH NOMINATIONS WERE RECEIVED BY BIA, TO BE ADMINISTRATOR OF THE FEDERAL AVIATION To be vice admiral THE SENATE AND APPEARED IN THE CONGRESSIONAL ADMINISTRATION FOR THE TERM OF FIVE YEARS. REAR ADM. KENNETH E. FLOYD RECORD ON NOVEMBER 13, 2012 . COAST GUARD NOMINATIONS BEGINNING WITH OVERSEAS PRIVATE INVESTMENT CORPORATION AFRICAN DEVELOPMENT FOUNDATION CHARLES G. ALCOCK AND ENDING WITH STEVEN P. JAMES M. DEMERS, OF NEW HAMPSHIRE, TO BE A MEM- WITTROCK, WHICH NOMINATIONS WERE RECEIVED BY EDWARD W. BREHM, OF MINNESOTA, TO BE A MEMBER BER OF THE BOARD OF DIRECTORS OF THE OVERSEAS THE SENATE AND APPEARED IN THE CONGRESSIONAL OF THE BOARD OF DIRECTORS OF THE AFRICAN DEVEL- PRIVATE INVESTMENT CORPORATION FOR A TERM EX- RECORD ON NOVEMBER 13, 2012. OPMENT FOUNDATION FOR A TERM EXPIRING SEP- PIRING DECEMBER 17, 2014. COAST GUARD NOMINATIONS BEGINNING WITH MAT- TEMBER 22, 2017. NAOMI A. WALKER, OF THE DISTRICT OF COLUMBIA, TO THEW P. BARKER AND ENDING WITH ANDREW J. WRIGHT, IQBAL PAROO, OF FLORIDA, TO BE A MEMBER OF THE BE A MEMBER OF THE BOARD OF DIRECTORS OF THE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BOARD OF DIRECTORS OF THE AFRICAN DEVELOPMENT OVERSEAS PRIVATE INVESTMENT CORPORATION FOR A AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- FOUNDATION FOR A TERM EXPIRING SEPTEMBER 22, 2017. TERM EXPIRING DECEMBER 17, 2012. VEMBER 13, 2012. UNITED STATES AGENCY FOR INTERNATIONAL COAST GUARD NOMINATIONS BEGINNING WITH CAPT. STATE JUSTICE INSTITUTE PETER J. BROWN AND ENDING WITH CAPT. JOSEPH M. DEVELOPMENT JONATHAN LIPPMAN, OF NEW YORK, TO BE A MEMBER VOJVODICH, WHICH NOMINATIONS WERE RECEIVED BY T. CHARLES COOPER, OF MARYLAND, TO BE AN ASSIST- OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE THE SENATE AND APPEARED IN THE CONGRESSIONAL ANT ADMINISTRATOR OF THE UNITED STATES AGENCY INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2012. RECORD ON NOVEMBER 14, 2012. FOR INTERNATIONAL DEVELOPMENT. COAST GUARD RESERVE NOMINATIONS BEGINNING JONATHAN LIPPMAN, OF NEW YORK, TO BE A MEMBER WITH ROBERT T. HANLEY AND ENDING WITH DIRK A. OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE DEPARTMENT OF JUSTICE STRINGER, WHICH NOMINATIONS WERE RECEIVED BY INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2015. PATRICK J. WILKERSON, OF OKLAHOMA, TO BE UNITED THE SENATE AND APPEARED IN THE CONGRESSIONAL NATIONAL FOUNDATION ON THE ARTS AND THE RECORD ON DECEMBER 5, 2012. STATES MARSHAL FOR THE EASTERN DISTRICT OF COAST GUARD NOMINATIONS BEGINNING WITH AUSTIN HUMANITIES OKLAHOMA FOR THE TERM OF FOUR YEARS. L. ADCOCK AND ENDING WITH RUSSELL R. ZUCKERMAN, LOUISE W. KELTON, OF TENNESSEE, TO BE UNITED MARIA ROSARIO JACKSON, OF CALIFORNIA, TO BE A WHICH NOMINATIONS WERE RECEIVED BY THE SENATE STATES MARSHAL FOR THE MIDDLE DISTRICT OF TEN- MEMBER OF THE NATIONAL COUNCIL ON THE ARTS FOR AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- NESSEE FOR THE TERM OF FOUR YEARS. A TERM EXPIRING SEPTEMBER 3, 2016. CEMBER 5, 2012. MILLENNIUM CHALLENGE CORPORATION NATIONAL INSTITUTE OF BUILDING SCIENCES The Senate Committee on Veterans’ LORNE W. CRANER, OF VIRGINIA, TO BE A MEMBER OF Affairs was discharged from further JOSEPH BYRNE DONOVAN, OF VIRGINIA, TO BE A MEM- THE BOARD OF DIRECTORS OF THE MILLENNIUM CHAL- BER OF THE BOARD OF DIRECTORS OF THE NATIONAL IN- LENGE CORPORATION FOR A TERM OF TWO YEARS. consideration of the following nomina- STITUTE OF BUILDING SCIENCES FOR A TERM EXPIRING IN THE AIR FORCE tion by unanimous consent and the SEPTEMBER 7, 2013. NATIONAL FOUNDATION ON THE ARTS AND THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT nomination was held at the desk: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- HUMANITIES KEITH KELLY, OF MONTANA, TO BE ASSISTANT SEC- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE RETARY OF LABOR FOR VETERANS’ EMPLOYMENT AND BRUCE R. SIEVERS, OF CALIFORNIA, TO BE A MEMBER AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION TRAINING. OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A 601: The Senate Committee on Health, TERM EXPIRING JANUARY 26, 2018. To be lieutenant general DEPARTMENT OF JUSTICE Education, Labor, and Pensions was MAJ. GEN. LORI J. ROBINSON discharged from further consideration ANGELA TAMMY DICKINSON, OF MISSOURI, TO BE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES ATTORNEY FOR THE WESTERN DIS- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- of the following nomination by unani- TRICT OF MISSOURI FOR THE TERM OF FOUR YEARS. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE

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AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION COLONEL JOSEPH M. MARTIN NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 601: COLONEL TERRENCE J. MCKENRICK PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER COLONEL CHRISTOPHER P. MCPADDEN 5, 2012. To be lieutenant general COLONEL JOHN E. O’NEIL AIR FORCE NOMINATIONS BEGINNING WITH LAURA A. MAJ. GEN. GREGORY A. BISCONE COLONEL MARK J. O’NEIL BRODHAG AND ENDING WITH JOHN D. KLEIN, WHICH COLONEL ANDREW P. POPPAS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL JAMES E. RAINEY PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- COLONEL KENT D. SAVRE 17, 2012. CATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL WILSON A. SHOFFNER, JR. AIR FORCE NOMINATIONS BEGINNING WITH WILLIAM R. To be brigadier general COLONEL MARK S. SPINDLER BAEZ AND ENDING WITH BRYCE G. WHISLER, WHICH COLONEL SEAN P. SWINDELL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COL. LISA A. NAFTZGER-KANG COLONEL RANDY S. TAYLOR PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER 17, 2012. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL JOHN C. THOMSON III AIR FORCE NOMINATIONS BEGINNING WITH JAKE R. AT- IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- COLONEL LEON N. THURGOOD WOOD AND ENDING WITH MICHAEL R. ZACHAR, WHICH CATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL FLEM B. WALKER, JR. COLONEL ROBERT P. WALTERS, JR. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be major general PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER IN THE NAVY 17, 2012. BRIGADIER GENERAL WILLIAM B. BINGER AIR FORCE NOMINATIONS BEGINNING WITH KRISTEN J. BRIGADIER GENERAL KEITH D. KRIES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BEALS AND ENDING WITH JIANZHONG J. ZHANG, WHICH BRIGADIER GENERAL MARYANNE MILLER IN THE UNITED STATES NAVY TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL JANE C. ROHR UNDER TITLE 10, U.S.C., SECTION 624: PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER BRIGADIER GENERAL PATRICIA A. ROSE To be rear admiral 17, 2012. BRIGADIER GENERAL JOCELYN M. SENG AIR FORCE NOMINATIONS BEGINNING WITH TANSEL BRIGADIER GENERAL SHEILA ZUEHLKE REAR ADM. (LH) RANDOLPH L. MAHR ACAR AND ENDING WITH BRANDON H. WILLIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED IN THE MARINE CORPS STATES OFFICERS FOR APPOINTMENT IN THE RESERVE PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER 17, 2012. OF THE AIR FORCE TO THE GRADE INDICATED UNDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH SAMUEL E. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: TO THE GRADE OF LIEUTENANT GENERAL IN THE AIKELE AND ENDING WITH SCOTT M. ZELASKO, WHICH UNITED STATES MARINE CORPS WHILE ASSIGNED TO A NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be major general POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER TITLE 10, U.S.C., SECTION 601: BRIGADIER GENERAL PAUL L. AYERS 17, 2012. BRIGADIER GENERAL JIM C. CHOW To be lieutenant general AIR FORCE NOMINATIONS BEGINNING WITH HOMAYOUN BRIGADIER GENERAL GREGORY L. FERGUSON R. AHMADIAN AND ENDING WITH JOE X. ZHANG, WHICH BRIGADIER GENERAL ANTHONY P. GERMAN LT. GEN. STEVEN A. HUMMER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL RICKIE B. MATTSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER BRIGADIER GENERAL JOHN E. MCCOY TO THE GRADE OF LIEUTENANT GENERAL IN THE 17, 2012. BRIGADIER GENERAL JOHN E. MURPHY UNITED STATES MARINE CORPS WHILE ASSIGNED TO A BRIGADIER GENERAL BRIAN G. NEAL IN THE ARMY POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TITLE 10, U.S.C., SECTION 601: ARMY NOMINATION OF ROBERT W. HANDY, TO BE COLO- IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- NEL. CATED UNDER TITLE 10, U.S.C., SECTION 12203: To be lieutenant general ARMY NOMINATION OF JAMES T. SEIDULE, TO BE COLO- NEL. LT. GEN. RICHARD T. TRYON To be brigadier general ARMY NOMINATIONS BEGINNING WITH MARK A. COLONEL STEPHANIE A. GASS UNITED STATES TAX COURT NOZAKI AND ENDING WITH MATTHEW D. RAMSEY, WHICH COLONEL MARY H. HITTMEIER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ALBERT G. LAUBER, OF THE DISTRICT OF COLUMBIA, COLONEL TIMOTHY P. KELLY PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER TO BE A JUDGE OF THE UNITED STATES TAX COURT FOR COLONEL THOMAS E. KITTLER 27, 2012. THE TERM OF FIFTEEN YEARS. ARMY NOMINATIONS BEGINNING WITH CHRISTOPHER J. COLONEL KENNETH R. LAPIERRE CUMMINGS AND ENDING WITH RANDOLPH O. PETGRAVE, COLONEL MARK L. LOEBEN THE JUDICIARY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL JAMES F. MACKEY AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- COLONEL WALTER J. SAMS RONALD LEE BUCH, OF VIRGINIA, TO BE A JUDGE OF VEMBER 27, 2012. COLONEL CHRISTOPER F. SKOMARS THE UNITED STATES TAX COURT FOR A TERM OF FIF- ARMY NOMINATIONS BEGINNING WITH ANTHONY C. AD- COLONEL WADE R. SMITH TEEN YEARS. OLPH AND ENDING WITH SEAN M. WILSON, WHICH NOMI- COLONEL MARK D. STILLWAGON NATIONAL FOUNDATION ON THE ARTS AND THE NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL CURTIS L. WILLIAMS HUMANITIES PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE 27, 2012. UNITED STATES OFFICER FOR APPOINTMENT AS DIREC- DAVID MASUMOTO, OF CALIFORNIA, TO BE A MEMBER ARMY NOMINATIONS BEGINNING WITH RONALD L. TOR, AIR NATIONAL GUARD, AND FOR APPOINTMENT TO OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM BAKER AND ENDING WITH MICHAEL T. WRIGHT, WHICH THE GRADE INDICATED IN THE RESERVE OF THE AIR EXPIRING SEPTEMBER 3, 2018. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- FORCE UNDER TITLE 10, U.S.C., SECTIONS 601 AND 10506: RAMON SALDIVAR, OF CALIFORNIA, TO BE A MEMBER PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER To be lieutenant general OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A 27, 2012. TERM EXPIRING JANUARY 26, 2018. ARMY NOMINATIONS BEGINNING WITH TERRY L. AN- LT. GEN. STANLEY E. CLARKE III DERSON AND ENDING WITH G001094, WHICH NOMINATIONS SAINT LAWRENCE SEAWAY DEVELOPMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE ARMY CORPORATION CONGRESSIONAL RECORD ON NOVEMBER 27, 2012. ARMY NOMINATIONS BEGINNING WITH JOSE L. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM J. MIELKE, OF WISCONSIN, TO BE A MEMBER AGUILAR AND ENDING WITH D005615, WHICH NOMINA- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- OF THE ADVISORY BOARD OF THE SAINT LAWRENCE TIONS WERE RECEIVED BY THE SENATE AND APPEARED CATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: SEAWAY DEVELOPMENT CORPORATION. IN THE CONGRESSIONAL RECORD ON NOVEMBER 27, 2012. To be brigadier general ARTHUR H. SULZER, OF PENNSYLVANIA, TO BE A MEM- ARMY NOMINATION OF MICHAEL D. SHORTT, TO BE BER OF THE ADVISORY BOARD OF THE SAINT LAWRENCE MAJOR. COL. JODY J. DANIELS SEAWAY DEVELOPMENT CORPORATION. ARMY NOMINATION OF DELNORA L. ERICKSON, TO BE MAJOR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES INSTITUTE OF PEACE IN THE UNITED STATES ARMY TO THE GRADE INDICATED ARMY NOMINATION OF RONALD D. LAIN, TO BE LIEU- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND GEORGE E. MOOSE, OF VIRGINIA, TO BE A MEMBER OF TENANT COLONEL. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE BOARD OF DIRECTORS OF THE UNITED STATES IN- ARMY NOMINATION OF MATTHEW J. BURINSKAS, TO BE STITUTE OF PEACE FOR A TERM OF FOUR YEARS. COLONEL. To be lieutenant general ARMY NOMINATION OF RONALD G. COOK, TO BE COLO- NATIONAL FOUNDATION ON THE ARTS AND THE NEL. MAJ. GEN. BERNARD S. CHAMPOUX HUMANITIES ARMY NOMINATION OF DAVID A. CORTESE, TO BE LIEU- THE FOLLOWING ARMY NATIONAL GUARD OF THE TENANT COLONEL. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- CAMILA ANN ALIRE, OF COLORADO, TO BE A MEMBER ARMY NOMINATION OF CHARLES J. ROMERO, TO BE SERVE OF THE ARMY TO THE GRADE INDICATED UNDER OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A MAJOR. TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TERM EXPIRING JANUARY 26, 2018. ARMY NOMINATIONS BEGINNING WITH MICHAEL D. DO AND ENDING WITH GREGORY S. SEESE, WHICH NOMINA- To be brigadier general METROPOLITAN WASHINGTON AIRPORTS TIONS WERE RECEIVED BY THE SENATE AND APPEARED COL. MICHAEL L. SCHOLES AUTHORITY IN THE CONGRESSIONAL RECORD ON DECEMBER 5, 2012. ARMY NOMINATIONS BEGINNING WITH DEEPTI S. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM SHAW MCDERMOTT, OF MASSACHUSETTS, TO CHITNIS AND ENDING WITH GIA K. YI, WHICH NOMINA- TO THE GRADE INDICATED IN THE UNITED STATES ARMY BE A MEMBER OF THE BOARD OF DIRECTORS OF THE TIONS WERE RECEIVED BY THE SENATE AND APPEARED UNDER TITLE 10, U.S.C., SECTION 624: METROPOLITAN WASHINGTON AIRPORTS AUTHORITY IN THE CONGRESSIONAL RECORD ON DECEMBER 10, 2012. To be brigadier general FOR A TERM EXPIRING NOVEMBER 22, 2017. ARMY NOMINATIONS BEGINNING WITH KARIN R. NINA MITCHELL WELLS, OF NEW JERSEY, TO BE A BILYARD AND ENDING WITH BETHANY S. ZARNDT, WHICH COLONEL CHRISTOPHER S. BALLARD MEMBER OF THE BOARD OF DIRECTORS OF THE METRO- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL DAVID G. BASSETT POLITAN WASHINGTON AIRPORTS AUTHORITY FOR A PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER COLONEL DONALD C. BOLDUC TERM EXPIRING MAY 30, 2018. 10, 2012. COLONEL EDWARD M. DALY IN THE AIR FORCE ARMY NOMINATIONS BEGINNING WITH JAMES E. AN- COLONEL MALCOLM B. FROST DREWS II AND ENDING WITH D010617, WHICH NOMINA- COLONEL DONALD G. FRYC AIR FORCE NOMINATIONS BEGINNING WITH DEMEA A. TIONS WERE RECEIVED BY THE SENATE AND APPEARED COLONEL ANTHONY C. FUNKHOUSER ALDERMAN AND ENDING WITH FELISA L. WILSON, WHICH IN THE CONGRESSIONAL RECORD ON DECEMBER 10, 2012. COLONEL PETER A. GALLAGHER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH JACOB W. COLONEL WILLIAM K. GAYLER PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER AARONSON AND ENDING WITH DAVID W. WOLKEN, WHICH COLONEL MARK W. GILLETTE 13, 2012. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL DAVID B. HAIGHT AIR FORCE NOMINATIONS BEGINNING WITH MATTHEW PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER COLONEL JOSEPH P. HARRINGTON W. ALLINSON AND ENDING WITH JEFFREY D. YOUNG, 10, 2012. COLONEL MICHAEL L. HOWARD WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH SILAS C. COLONEL JOHN P. JOHNSON AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- ABRENICA AND ENDING WITH KEVIN M. ZEEB, WHICH COLONEL JAMES E. KRAFT, JR. VEMBER 27, 2012. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL MICHAEL E. KURILLA AIR FORCE NOMINATIONS BEGINNING WITH JOHAN K. PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER COLONEL PAUL J. LAUGHLIN II AHN AND ENDING WITH JEFFREY S. WILLIAMS, WHICH 10, 2012.

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ARMY NOMINATIONS BEGINNING WITH LOVIE L. ABRA- AMTRAK BOARD OF DIRECTORS CHEMICAL SAFETY AND HAZARD INVESTIGATION HAM AND ENDING WITH VICKEE L. WOLCOTT, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- YVONNE BRATHWAITE BURKE, OF CALIFORNIA, TO BE BOARD PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER A DIRECTOR OF THE AMTRAK BOARD OF DIRECTORS FOR BETH J. ROSENBERG, OF MASSACHUSETTS, TO BE A 10, 2012. A TERM OF FIVE YEARS. MEMBER OF THE CHEMICAL SAFETY AND HAZARD IN- ARMY NOMINATION OF ALFRED C. ANDERSON, TO BE CHRISTOPHER R. BEALL, OF OKLAHOMA, TO BE A DI- VESTIGATION BOARD FOR A TERM OF FIVE YEARS. MAJOR. RECTOR OF THE AMTRAK BOARD OF DIRECTORS FOR A ARMY NOMINATION OF DEANNA R. BEECH, TO BE TERM OF FIVE YEARS. MAJOR. TENNESSEE VALLEY AUTHORITY ARMY NOMINATIONS BEGINNING WITH SHRRELL L. IN THE COAST GUARD C. PETER MAHURIN, OF KENTUCKY, TO BE A MEMBER BYARD AND ENDING WITH SOO B. KIM, WHICH NOMINA- COAST GUARD NOMINATIONS BEGINNING WITH BRIGID TIONS WERE RECEIVED BY THE SENATE AND APPEARED OF THE BOARD OF DIRECTORS OF THE TENNESSEE VAL- M. PAVILONIS AND ENDING WITH VICTORIA C. FUTCH, LEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2016. IN THE CONGRESSIONAL RECORD ON DECEMBER 17, 2012. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE VERA LYNN EVANS, OF TENNESSEE, TO BE A MEMBER ARMY NOMINATIONS BEGINNING WITH DONALD E. AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- OF THE BOARD OF DIRECTORS OF THE TENNESSEE VAL- LAYNE AND ENDING WITH JOSEPH F. SUCHER, WHICH VEMBER 13, 2012. LEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2017. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COAST GUARD NOMINATIONS BEGINNING WITH BAR- PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER BARA A. ANDERSON AND ENDING WITH KENNETH G. MICHAEL MCWHERTER, OF TENNESSEE, TO BE A MEM- 17, 2012. STEFANISIN, WHICH NOMINATIONS WERE RECEIVED BY BER OF THE BOARD OF DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2016. IN THE NAVY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER 13, 2012. JOE H. RITCH, OF ALABAMA, TO BE A MEMBER OF THE NAVY NOMINATIONS BEGINNING WITH DAVID COAST GUARD NOMINATIONS BEGINNING WITH BOARD OF DIRECTORS OF THE TENNESSEE VALLEY AU- SAMMETT AND ENDING WITH TIMOTHY R. DURKIN, CHARLES G. ALCOCK AND ENDING WITH STEVEN P. THORITY FOR A TERM EXPIRING MAY 18, 2016. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WITTROCK, WHICH NOMINATIONS WERE RECEIVED BY AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- THE SENATE AND APPEARED IN THE CONGRESSIONAL FOREIGN SERVICE VEMBER 27, 2012. RECORD ON NOVEMBER 13, 2012. NAVY NOMINATIONS BEGINNING WITH TIMOTHY R. AN- COAST GUARD NOMINATIONS BEGINNING WITH MAT- FOREIGN SERVICE NOMINATION OF GARY T. GREENE. DERSON AND ENDING WITH GEORGE B. WATKINS, WHICH THEW P. BARKER AND ENDING WITH ANDREW J. WRIGHT, FOREIGN SERVICE NOMINATIONS BEGINNING WITH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PHILIP S. GOLDBERG AND ENDING WITH ROBERT W. PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- WEITZEL, WHICH NOMINATIONS WERE RECEIVED BY THE 27, 2012. VEMBER 13, 2012. SENATE AND APPEARED IN THE CONGRESSIONAL NAVY NOMINATION OF JOHN T. VOLPE, TO BE COM- COAST GUARD NOMINATIONS BEGINNING WITH CAPT. RECORD ON NOVEMBER 13, 2012. MANDER. PETER J. BROWN AND ENDING WITH CAPT. JOSEPH M. FOREIGN SERVICE NOMINATION OF MICHAEL R. NAVY NOMINATION OF TAMARA M. SORENSEN, TO BE VOJVODICH, WHICH NOMINATIONS WERE RECEIVED BY HARDEGEN. LIEUTENANT COMMANDER. THE SENATE AND APPEARED IN THE CONGRESSIONAL FOREIGN SERVICE NOMINATIONS BEGINNING WITH NAVY NOMINATION OF JOSEPH N. KENAN, TO BE LIEU- RECORD ON NOVEMBER 14, 2012. JAMES J. HIGGISTON AND ENDING WITH ERIC A. TENANT COMMANDER. COAST GUARD NOMINATIONS BEGINNING WITH AUSTIN WENBERG, WHICH NOMINATIONS WERE RECEIVED BY L. ADCOCK AND ENDING WITH RUSSELL R. ZUCKERMAN, BARRY GOLDWATER SCHOLARSHIP AND THE SENATE AND APPEARED IN THE CONGRESSIONAL WHICH NOMINATIONS WERE RECEIVED BY THE SENATE RECORD ON NOVEMBER 27, 2012. AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- EXCELLENCE IN EDUCATION FOUNDATION FOREIGN SERVICE NOMINATIONS BEGINNING WITH CEMBER 5, 2012. STEWART M. DE SOTO, OF ILLINOIS, TO BE A MEMBER STEPHEN J. GONYEA AND ENDING WITH KATHARINE AN- OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- COAST GUARD RESERVE TONIA WEBER, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION COAST GUARD RESERVE NOMINATIONS BEGINNING RECORD ON NOVEMBER 27, 2012. FOUNDATION FOR A TERM EXPIRING AUGUST 11, 2016. WITH ROBERT T. HANLEY AND ENDING WITH DIRK A. FOREIGN SERVICE NOMINATIONS BEGINNING WITH STRINGER, WHICH NOMINATIONS WERE RECEIVED BY MILLENNIUM CHALLENGE CORPORATION DAVID E. ECKERSON AND ENDING WITH CLINTON DAVID THE SENATE AND APPEARED IN THE CONGRESSIONAL MORTON H. HALPERIN, OF THE DISTRICT OF COLUMBIA, RECORD ON DECEMBER 5, 2012. WHITE, WHICH NOMINATIONS WERE RECEIVED BY THE TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE SENATE AND APPEARED IN THE CONGRESSIONAL DEPARTMENT OF COMMERCE MILLENNIUM CHALLENGE CORPORATION FOR A TERM OF RECORD ON NOVEMBER 27, 2012. FOREIGN SERVICE NOMINATIONS BEGINNING WITH THREE YEARS. MARK DOMS, OF MARYLAND, TO BE UNDER SECRETARY KARL MILLER ADAM AND ENDING WITH MARK K. YANG, OF COMMERCE FOR ECONOMIC AFFAIRS. NATIONAL FOUNDATION ON THE ARTS AND THE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE HUMANITIES DEPARTMENT OF TRANSPORTATION AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- VEMBER 27, 2012. MARIA LOPEZ DE LEON, OF TEXAS, TO BE A MEMBER POLLY ELLEN TROTTENBERG, OF MARYLAND, TO BE UNDER SECRETARY OF TRANSPORTATION FOR POLICY. OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM OFFICE OF GOVERNMENT ETHICS EXPIRING SEPTEMBER 3, 2016. FEDERAL COMMUNICATIONS COMMISSION BRUCE CARTER, OF FLORIDA, TO BE A MEMBER OF THE WALTER M. SHAUB, JR., OF VIRGINIA, TO BE DIRECTOR NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING MIGNON L. CLYBURN, OF SOUTH CAROLINA, TO BE A OF THE OFFICE OF GOVERNMENT ETHICS FOR A TERM OF SEPTEMBER 3, 2018. MEMBER OF THE FEDERAL COMMUNICATIONS COMMIS- FIVE YEARS. SION FOR A TERM OF FIVE YEARS FROM JULY 1, 2012. UNITED STATES INSTITUTE OF PEACE FEDERAL TRADE COMMISSION DEPARTMENT OF LABOR JOSEPH ELDRIDGE, OF THE DISTRICT OF COLUMBIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE JOSHUA D. WRIGHT, OF VIRGINIA, TO BE A FEDERAL KEITH KELLY, OF MONTANA, TO BE ASSISTANT SEC- UNITED STATES INSTITUTE OF PEACE FOR A TERM OF TRADE COMMISSIONER FOR THE TERM OF SEVEN YEARS RETARY OF LABOR FOR VETERANS’ EMPLOYMENT AND FOUR YEARS. FROM SEPTEMBER 26, 2012. TRAINING.

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The House met at noon and was MESSAGE FROM THE SENATE ister, Yulia Tymoshenko, also causes called to order by the Speaker pro tem- A message from the Senate by Ms. concern. The trial against Ms. pore (Mr. DOLD). Curtis, one of its clerks, announced Tymoshenko in the gas case was de- scribed as selective persecution in f that the Senate has passed without amendment a bill of the House of the statements by the U.S., Russia, United DESIGNATION OF SPEAKER PRO following title: Kingdom, Germany, Italy, Spain, and other European countries. TEMPORE H.R. 6060. An act to amend Public Law 106– The SPEAKER pro tempore laid be- 392 to maintain annual base funding for the On July 16, 2012, our colleague, CHRIS fore the House the following commu- Upper Colorado and San Juan fish recovery SMITH, introduced a measure calling nication from the Speaker: programs through fiscal year 2019. for Ukrainian authorities to release po- The message also announced that the litical opposition leaders and hold free WASHINGTON, DC, January 1, 2013. and fair elections. At the beginning of I hereby appoint the Honorable ROBERT J. Senate has passed with amendments in DOLD to act as Speaker pro tempore on this which the concurrence of the House is a new year, I call on Ukrainian offi- day. requested, a bill of the House of the fol- cials to immediately free Ms. JOHN A. BOEHNER, lowing title: Tymoshenko and other political pris- Speaker of the House of Representatives. oners. H.R. 8. An act to extend certain tax relief f provisions enacted in 2001 and 2003, and to f provide for expedited consideration of a bill LET’S REGAIN CONTROL OF PRAYER providing for comprehensive tax reform, and AMERICA’S DESTINY The Chaplain, the Reverend Patrick for other purposes. J. Conroy, offered the following prayer: The message also announced that the (Mr. KUCINICH asked and was given Eternal God, we give You thanks for Senate has passed with an amendment permission to address the House for 1 giving us another day, a new year. in which the concurrence of the House minute and to revise and extend his re- The political struggles of the past is requested, a bill of the House of the marks.) year have revealed the divisions that following title: Mr. KUCINICH. A New Year’s deal for exist in our Nation. There are many H.R. 6586. An act to extend the application New Year’s Day—or is it Groundhog American citizens who are angry, frus- of certain space launch liability provisions Day? Because like the movie ‘‘Ground- trated, and anxious for the future. through 2014. hog Day,’’ this government in 2 months This day is a day of history. Send The message also announced that the will arrive at another crisis of debt, of Your spirit upon the Members of the Senate has passed a bill of the fol- spending, and taxes. people’s House. May an imperfect com- lowing title in which the concurrence Our debt-based economic system, promise, when viewed from the per- of the House is requested: with its exponential growth of debt due to compounded interest, consigns us to spective of our differences, not be un- S. 302. An act to authorize the Secretary of dermined by a desire for political vic- the Interior to issue right-of-way permits for massive unemployment, threatens the tory. This is difficult for all. Give each a natural gas transmission pipeline in non- social safety net, a deteriorated infra- Member the grace of courage to forge a wilderness areas within the boundary of structure, a psychology of poverty constructive solution for the good of Denali National Park, and for other pur- amidst plenty, austerity. Congress poses. the Nation and all Americans. must regain its full power accorded Help us to trust that no matter what, f under the Constitution, Article I, Sec- You will not abandon us. tion 8, to coin, to create money, to in- ANNOUNCEMENT BY THE SPEAKER vest in our Nation interest-free, to put May all that is done this day be for PRO TEMPORE Your greater honor and glory. America back to work. Why go into The SPEAKER pro tempore. The Amen. debt borrowing money from China, Chair will entertain up to 15 requests Japan, South Korea, when we have the f for 1-minute speeches on each side of constitutional authority to protect our the aisle. economic sovereignty and to ensure THE JOURNAL f America’s long-term fiscal health? The SPEAKER pro tempore. The The endless cycle of increasing taxes Chair has examined the Journal of the THE UKRAINE’S BACKSLIDE IN and cutting spending will not work be- last day’s proceedings and announces DEMOCRACY cause the debt keeps ballooning with to the House his approval thereof. (Mr. SHIMKUS asked and was given compounding interest. It is time for a Pursuant to clause 1, rule I, the Jour- permission to address the House for 1 new American monetary policy to nal stands approved. minute and to revise and extend his re- climb out of poverty and debt. Reforms f marks.) are outlined in the National Emer- Mr. SHIMKUS. Mr. Speaker, the gency Employment Defense Act, H.R. PLEDGE OF ALLEGIANCE Ukraine, once a model for democratic 2990. It’s the NEED Act. The SPEAKER pro tempore. Will the transition in the Eurasia region and Let’s regain control of America’s des- gentleman from Illinois (Mr. SHIMKUS) the world after the Orange Revolution, tiny. come forward and lead the House in the has been experiencing significant back- f Pledge of Allegiance. sliding in democracy. The Organization SPENDING ANONYMOUS Mr. SHIMKUS led the Pledge of Alle- for Security and Cooperation in Europe giance as follows: found that the October elections did (Mr. POE of Texas asked and was I pledge allegiance to the Flag of the not meet international standards, and given permission to address the House United States of America, and to the Repub- the arrest and continued harassment for 1 minute.) lic for which it stands, one nation under God, and mistreatment of opposition lead- Mr. POE of Texas. Mr. Speaker, it’s indivisible, with liberty and justice for all. ers, including the former prime min- New Year’s Day 2013. What an excellent

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.

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18568 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 time for Congress to make at least one GET IT RIGHT AND DON’T ACT IN THANK YOU FOR THE New Year’s resolution. HASTE OPPORTUNITY TO SERVE Congress is addicted to spending (Mr. BROOKS asked and was given (Mr. MANZULLO asked and was money. Maybe Congress should join permission to address the House for 1 given permission to address the House Spending Anonymous. Here is the 12- minute.) for 1 minute.) step plan: Mr. MANZULLO. Mr. Speaker, this is Mr. BROOKS. Mr. Speaker, the Sen- One, Congress should admit it’s ad- the last time I’ll have the opportunity ate passed a fiscal cliff bill this morn- dicted to spending someone else’s to address my colleagues as I wind up ing without time for Senators to ade- money; a 20-year career in the House of Rep- Two, make a list of the wasteful quately consider it and, more impor- resentatives on January 3. I want to spending; tantly, without giving the American thank my constituents for giving me Three, pass a yearly budget and a people time to understand it and share the honor and the opportunity to fulfill constitutional balanced budget amend- their insight with Congress. the dreams of a 10-year-old child who ment; Senator MITCH MCCONNELL observed, dreamed about becoming a Member of Four, stop giving money to countries ‘‘This shouldn’t be the model for how the House of Representatives. that hate us; we do things around here,’’ and then Twenty years ago, almost to the date Five, have the resolve not to spend the Senate proceeded like a bull in a when I was first sworn in, our family money we don’t have; china closet anyway. visited the Emancipation Proclama- Six, don’t contribute to the addiction The Senate boasts it is America’s de- tion at Archives. It’s open again today. by taking more money away from liberative body. Today, that claim He was from my State. He served our Americans; rings hollow. State. In the incredible speech that he Seven, don’t borrow any more money Mr. Speaker, the House must post- gave at Gettysburg, he talked about from China; pone this vote until Congress and the people coming here to do the unfin- Eight, don’t make excuses for our ad- American people have time to study ished work. That’s the job of all of us diction; and evaluate this extraordinarily com- as Members of Congress is to do the un- Nine, don’t blame others for the ad- plex legislation and its impact on finished work as Lincoln saw it—the diction; taxes, revenue, the economy, our debt, unfinished work not only to bind the Ten, run Congress like most people and a myriad of other issues. It is bet- wounds of the Nation but to keep run their family budgets; ter to get it right than to act in haste. America together. That’s the charge that we have continually is to keep Eleven, remember, we are to do the Mr. Speaker, if we vote on the Senate will of the people; America together. fiscal cliff bill today, I will vote God bless you and thank you for the Twelve, have a support group and against it because this is not the way opportunity to serve. meet regularly to confess our addic- to do the people’s business. I will not tion. condone with my vote a process that f Mr. Speaker, Congress should join denies the American people an oppor- THE AMERICAN ECONOMY NEEDS Spending Anonymous. tunity to participate in their Republic TO GROW And that’s just the way it is. on issues of this magnitude. (Mr. HIGGINS asked and was given f permission to address the House for 1 f minute.) 150TH ANNIVERSARY OF THE Mr. HIGGINS. Mr. Speaker, the peo- EMANCIPATION PROCLAMATION b 1210 ple in this Chamber who do all the complaining about spending, the record (Mr. BUTTERFIELD asked and was clearly shows, voted for all the spend- given permission to address the House A LOST OPPORTUNITY FOR ing that they complain about: two wars for 1 minute.) REFORM that took $1 trillion out of the Amer- Mr. BUTTERFIELD. Mr. Speaker, I (Mr. BLUMENAUER asked and was ican economy, unfunded tax cuts that rise today to commemorate the 150th given permission to address the House created the worst economy in 60 years, anniversary of the signing of the for 1 minute.) and an unpaid drug prescription pro- Emancipation Proclamation. In the gram that will cost $730 billion over early 19th century, 4 million slaves re- Mr. BLUMENAUER. The agreement we are expected to vote on, perhaps as the next 10 years. sided in the South, public opinion in Moreover, the House Republican the North began to oppose it, States re- early as this afternoon, has many com- mendable and important items. Unfor- budget for 2013 spends $900 billion more sisted by ceding from the Union, and a than it takes in in revenues. That Re- brutal civil war ensued. tunately, too many are short term; much is left out; and most important, publican budget imbalance will require In order to end slavery and the war, raising the debt ceiling early this year. President Lincoln on September 22, we are losing an opportunity for re- form. Raising the debt ceiling does not au- 1862, issued a preliminary emanci- thorize you to spend more money. It We cannot continue to have, by far, pation proclamation directing all re- authorizes you to pay back the money the world’s largest and most expensive belling States to free their slaves and that you’ve already spent. Republicans military, the world’s lowest taxes, the return to the Union in 100 days. in this House voted for it, and they most expensive and inefficient health Lincoln made it clear: should they have a moral obligation to repay that care system, and continue to allow our fail to do so, he would use his author- money. ity as Commander in Chief to end slav- country’s infrastructure to fall apart Mr. Speaker, the American economy ery. States failed to act, and Lincoln all while America grows and ages. needs to grow much more than the pro- signed the proclamation January 1, This agreement represents absolutely jected 2 percent for 2013. Two percent 1863. the least we could have done under growth is not enough to sustain the More than 200,000 lives were lost in these circumstances and tragically in- current level of employment. The the war. Lincoln lost his own life with stitutionalizes for the next Congress American economy needs robust an assassin’s bullet following reelec- the madness of short-term frenzy growth at 3 to 4 percent, growth that tion. This is American history that around artificial deadlines that drives can only come from investments in every individual must understand and the American public crazy. education, road and bridge building, re- appreciate. Not only can we do better; we must search. We need to do nation-building Today, Mr. Speaker, we commemo- do better. This flawed, partial plan is not in Afghanistan, not in Iraq, but na- rate 150 years of freedom for African not just a lost opportunity; it rep- tion-building at home, here in Amer- American citizens. resents a real setback. ica.

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18569 LET’S FIND A BETTER WAY including the Senate. We need to come away from the cliff and continue to FORWARD together and work together for the bet- move our country towards greatness. (Mr. RIGELL asked and was given terment of the country. f permission to address the House for 1 This isn’t the perfect deal, but it’s A SMALL FINGER IN A DIKE WITH minute and to revise and extend his re- the deal we got, and it’s the deal I’m HUNDREDS OF HOLES marks.) going to support. I hope that my col- Mr. RIGELL. Mr. Speaker, what do leagues will resolve to give the Presi- (Mr. ISSA asked and was given per- we know with certainty about the bill dent and the Vice President the benefit mission to address the House for 1 which passed the Senate? We know it of the doubt as the year goes on and as minute and to revise and extend his re- has bipartisan support, and that’s en- I do today. marks.) couraging. I’m a Republican who has f Mr. ISSA. I wish I could say that this been making the case that revenues FUTURE GENERATIONS DESERVE was a proud moment, a moment in must rise. This bill does that; and if it BETTER which we started the year off right, in which the 1st of January was the first becomes law, it provides some cer- (Mr. GOHMERT asked and was given of a great many good things. It isn’t. tainty to our Tax Code, which would permission to address the House for 1 We’re kicking the can down the road. surely help our economy. minute.) Yet, Mr. Speaker, we also know with Mr. GOHMERT. Last night was the Worse than that, when faced with a certainty that it fails to address the first time in my life that I’ve sat at my mountain of debt that we were heading mortal threat facing our country—un- desk as we went into a new year, but it for, like an airplane, did we climb over controlled spending. It fails to reflect gave me a chance to contemplate what it? No. What we’re going to do in the the balanced approach that was advo- we’re about. present plan is put another nearly tril- cated by our President. So we find our- We’re going into a new year as the lion dollars’ worth of debt on the selves again with a bill that reflects first generation who did not ask the American people. not financial wisdom but the seductive question: What can we do? What can we Time is running out to change the di- spirit that pervades this town. The sacrifice to make future generations rection because that trillion dollars time to confront our spending addic- have a better life than we have? In- isn’t just a problem for the next gen- tion is not now. It’s later, they say— stead, we asked: How much can we eke eration. It’s a problem for corporate we’ll do the right thing then. up taxes a little bit so that we can America, and it’s a problem for every In lacking knowledge, political cour- keep spending 58 cents to get a dollar’s American. The trillion dollars we spend age—or both—leaders in Washington worth of wasteful, bloated government and waste this year is $1 trillion that continue to overpromise. They’re like so that our children and grandchildren we will have to bear for the rest of our salespeople who tell their customers can pay 42 cents of every dollar that we lives. they can have a $30,000 car but only pay waste on ourselves? Mr. Speaker, I may vote for what $18,000 for it. Who doesn’t like that Is that any way to start the new comes on the floor. I certainly will deal? The truth—and what we know year? vote for a bill, which I’m going to man- with certainty—is that the full cost, We’re taking up a bill that will not age in a few minutes, to hold down the indeed, will be paid by their children, do anything to cut spending. I am em- growth of spending in the government; the next generation of Americans. barrassed for this generation. The fu- but I’ll tell you, I won’t do it thinking There is a better way forward, Mr. ture generations deserve better. we’ve accomplished anything here Speaker, for Americans. Let’s find it. f today other than the smallest finger in f a dike that, in fact, has hundreds of A HOUSE DIVIDED WILL NOT holes in it. E PLURIBUS UNUM STAND f (Mr. COHEN asked and was given per- (Mr. FATTAH asked and was given mission to address the House for 1 permission to address the House for 1 b 1220 minute.) minute.) FIGHTING FOR THE AMERICAN Mr. COHEN. We’ve heard from a col- Mr. FATTAH. It’s a new year. For PEOPLE league of mine on the Democratic side my youngest children, both will grow 1 who sounds like he’s not going to vote year older this year. My daughter (Ms. JACKSON LEE of Texas asked for this bill, and we’ve heard it from a Chandler will turn 10, and my teenager, and was given permission to address couple of folks on the other side. Well, Cameron, will turn 15. Today, we know the House for 1 minute and to revise I’m going to vote for it, not because I the birthday of the Emancipation Proc- and extend her remarks.) think it’s all the best sugar and spice lamation as we celebrate it here in Ms. JACKSON LEE of Texas. I join and everything nice, but because, for Washington. Our country, hopefully, with my earlier colleague in acknowl- one thing, I believe our President and gains maturity as we go forward. edging the 150th year of the Emanci- our Vice President know what they can We were reminded a long time ago pation Proclamation. What a moving get in a negotiated deal with the Re- that a House divided would not stand. moment last evening at the National publican side in the Senate and what We have to come together, and we Archives when I read the words: Hence might pass this House as well, and they should put away some of the nonsense forth these slaves are free. know what our country needs. of attacking the President for spending I rise with a more optimistic view My district can’t afford to wait a few when our Founders when writing the and a view that says we have the op- days and have the stock market go Constitution gave the Congress control portunity to do what is right by the down 300 points tomorrow if we don’t over the spending. In article I, section American people. But we must also rec- get together and do something, and the 9, clause 7, we control the spending. So ognize that we have to tell the truth. people in my district need unemploy- if we want to back away from spending, At the end of the Clinton administra- ment compensation and need to know we need to look in the mirror. In terms tion, this Nation had $5 trillion in sur- in the future that they’re going to have of this agreement, rather than curse plus. But with wasteful tax cuts and the low-income earned tax credit and the darkness, we should look at those spending by our Republican friends, we college credit. who have lit the candle. When we can find ourselves in this deficit. It’s important that we keep this have a bipartisan vote of 89 Senators I don’t know what my decision will country moving in the right direction start this year off and move our coun- be as we move forward on this issue of and away from another recession. ‘‘E try forward, we should rally behind the fiscal cliff, but I will say this: we Pluribus Unum’’ is not just on our them. will not tolerate the American people bills, but it’s what we are as legisla- I ask my colleagues to vote in favor being held hostage over the debt ceil- tors. We are one of 435 and one of 535, of the agreement in order to move ing and these unhelpful cuts that will

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18570 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 cut into those who are the most vul- across the aisle. I mean, after all, it is Congress. I pray God that next Con- nerable. That will not be the pathway only if we are sticking together that gress is more willing to compromise that we will take because every econo- we’re going to be able to address the than this. mist will tell you that if you invest in problems that face this country. f your people and build infrastructure, The truth of the matter is we already MOVING FORWARD FOR THE you will grow this country and you’ll have some glue. One Nation under AMERICAN PEOPLE turn this economy and you’ll be able to God—patriotic glue. We’re supposed to get people jobs. That’s the message work together, to stick together. With- (Mr. MEEKS asked and was given that will come forth from this day, out us coming to the point where we permission to address the House for 1 January 1, when we are here in this really understand ‘‘E pluribus unum’’— minute and to revise and extend his re- Congress. out of many, one—this body, for the marks.) I want the American people to be op- lack of glue, will not do the business of Mr. MEEKS. Today we have an op- timistic because there are Members of this country. tion. We are confronted with a bill that we can vote for or vote against. We can Congress that will fight for your f growth, your opportunity, your free- allow us to go over the ceiling, or we dom. That is what America is all GETTING THE JOB DONE can try to come together and pass about. (Mr. ALTMIRE asked and was given something that probably on both sides f permission to address the House for 1 of the aisle no one agrees with 100 per- cent. It seems to me, while I have long BAD DEAL FOR AMERICA minute.) Mr. ALTMIRE. Mr. Speaker, last advocated for a big deal so we don’t (Mr. MORAN asked and was given night the Senate did what great delib- have to continue fighting in regards to permission to address the House for 1 erative bodies are supposed to do—they the debt ceiling or sequestration, that minute and to revise and extend his re- worked together. They compromised. we’ve got to make sure, though, that marks.) They accommodated other point of we do something. And this bill that Mr. MORAN. Mr. Speaker, the deal views, and they got the job done. will come to the floor today I will vote that Republican Senate leader MITCH Yes, it was a little bit late. It wasn’t for with many a thing in the bill that MCCONNELL was able to get his col- exactly timed as we would have liked, I don’t like. But I’m sure from listen- leagues to pass last night is a bad deal but now it’s our turn. The Senate ing to some of my colleagues, there are for America and a worse deal for our passed it in a bipartisan, overwhelming many things in the bill that they don’t children’s future. It’s the largest in- way. My colleagues, let’s join together like. crease in public debt that this body today. Let’s show the American people Generally, I find that when both will have ever passed—more than $5 that this Congress is not broken. That sides don’t like something, then maybe trillion from today’s current law. we are not so dysfunctional that we we are moving into the right direction Our deficit this year alone is likely and maybe we are moving forward in a to be about $1.3 trillion. This would re- can’t, at minimum, work together, come to agreement, compromise. Let’s positive way for the American people. duce it down to $1.24 trillion with $60 So I come to the floor saying I’m not billion of new revenues that it gains. get this done. This is too important for the American people to let this go one fully satisfied, but it’s all right because Most importantly, it sets up three I think we have to move forward and more fiscal cliffs over the next 3 more day. Please join me in supporting the fiscal cliff bill today. do the best that we can for the Amer- months when appropriations spending ican people. expires on March 27, when the debt f f ceiling has to be increased at the end of NOT A PERFECT PACKAGE February, and when the sequester has NORTH KOREAN CHILD WELFARE (Mr. CONNOLLY of Virginia asked to be dealt with at the very same time. ACT OF 2012 and was given permission to address So all we’ve done is to stumble for- Ms. ROS-LEHTINEN. Mr. Speaker, I ward into an even less predictable situ- the House for 1 minute and to revise and extend his remarks.) ask unanimous consent to take from ation with far fewer resources to invest the Speaker’s table the bill (H.R. 1464) in our Nation and our children’s future. Mr. CONNOLLY of Virginia. Mr. Speaker, we are about to have a hold- to develop a strategy for assisting f your-nose vote here in the House of stateless children from North Korea, PATRIOTIC GLUE Representatives. And many of us are and for other purposes, with the Senate amendments thereto, and concur in the (Mr. CLEAVER asked and was given going to wrestle with the problem of making perfect the enemy of the good. Senate amendments. permission to address the House for 1 The Clerk read the title of the bill. We do have an opportunity to sta- minute and to revise and extend his re- The SPEAKER pro tempore. The bilize taxation for 99 percent of all marks.) Clerk will report the Senate amend- Americans, to extend depreciation and Mr. CLEAVER. Mr. Speaker, I don’t ments. particularly like the bill that is going investment expansion for small busi- The Clerk read as follows: to come to the floor, but I am going to nesses, to make sure that families in Senate amendments: vote for it. And the reason is, stum- America, through the child tax credit, Strike all after the enacting clause and in- bling through one of those Dollar Gen- the earned income tax credit, and stu- sert the following: eral stores looking for some last dent loans, are stabilized for their SECTION 1. SHORT TITLE. minute gifts, I stumbled across a sec- planning in calendar year 2013. The This Act may be cited as the ‘‘North Korean tion that had Gorilla Glue and Magic R&D tax credit is extended. So there’s Child Welfare Act of 2012’’. Stick’em Glue, and I thought, Boy, if I a lot in this package that’s good. SEC. 2. SENSE OF CONGRESS. And there’s a lot that’s not addressed It is the sense of Congress that— can get some of this stuff, first I would (1) hundreds of thousands of North Korean glue the top of the kitchen trash can so at all in this package. We have a debt children suffer from malnutrition in North my wife’s puppy won’t continue to go ceiling crisis pending. We have a se- Korea, and North Korean children or children in it. And then I thought, well, I’ll use questration crisis spending. It must be of one North Korean parent who are living out- some of this glue to impress people addressed, or it’s going to have a huge side of North Korea may face statelessness in that I can actually fix things. Then I drag on the United States economy, neighboring countries; and thought, maybe I can do it when I’m and in the case of the debt, once again, (2) the Secretary of State should advocate for revisit the issue of default for the first the best interests of these children, including, performing marriages: instead of say- when possible, facilitating immediate protection ing ‘‘until death do us part,’’ say ‘‘until time in American history. for those living outside North Korea through the glue wears out.’’ So it’s not a perfect package, but it family reunification or, if appropriate and eligi- Then I thought, wouldn’t it be great is something that gets us by while we ble in individual cases, domestic or inter- if we could glue ourselves to each other tackle the larger issues in the next national adoption.

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0688 Sfmt 6333 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18571 SEC. 3. DEFINITIONS. North Korean children and children of one The Clerk read the title of the bill. In this Act: North Korean parent and to require the De- The text of the bill is as follows: (1) APPROPRIATE CONGRESSIONAL COMMIT- partment of State regularly to brief appro- H.R. 6726 TEES.—The term ‘‘appropriate congressional priate congressional committees on efforts committees’’ means the Committee on Foreign to advocate for and develop a strategy to Be it enacted by the Senate and House of Rep- Relations of the Senate and the Committee on provide assistance in the best interest of resentatives of the United States of America in Foreign Affairs of the House of Representatives. these children.’’. Congress assembled, (2) HAGUE COUNTRY.—The term ‘‘Hague coun- SECTION 1. SHORT TITLE. try’’ means a country where the Convention on The SPEAKER pro tempore (during the reading). Without objection, the This Act may be cited as the ‘‘Congres- Protection of Children and Cooperation in Re- sional Pay Freeze and Fiscal Responsibility spect of Intercountry Adoption, done at The reading is dispensed with. Act’’. Hague May 29, 1993, has entered into force and There was no objection. SEC. 2. ELIMINATION OF 2013 PAY ADJUSTMENT. is fully implemented. The SPEAKER pro tempore. Is there (a) IN GENERAL.—Section 147 of the Con- (3) NON-HAGUE COUNTRY.—The term ‘‘non- objection to the request of the gentle- Hague country’’ means a country where the tinuing Appropriations Act, 2011, as amended Convention on Protection of Children and Co- woman from Florida? by section 114(a) of the Continuing Appro- operation in Respect of Intercountry Adoption, There was no objection. priations Resolution, 2013 (Public Law 112– done at The Hague May 29, 1993, has not en- A motion to reconsider was laid on 175; 5 U.S.C. 5303 note), is amended— tered into force. the table. (1) in subsection (b)(1), by striking the matter after ‘‘ending on’’ and before ‘‘shall SEC. 4. BRIEFINGS ON THE WELFARE OF NORTH f KOREAN CHILDREN. be made’’ and inserting ‘‘December 31, 2013,’’; (a) IN GENERAL.—The Secretary of State shall WAIVING THE REQUIREMENT and designate a representative to regularly brief the THAT MEASURES ENROLLED (2) in subsection (c), by striking the matter appropriate congressional committees in an un- DURING THE REMAINDER OF after ‘‘ending on’’ and before ‘‘no senior ex- ecutive’’ and inserting ‘‘December 31, 2013,’’. classified setting on United States Government THE ONE HUNDRED TWELFTH (b) ELIMINATION OF DELAYED ADJUST- efforts to advocate for the best interests of North CONGRESS BE PRINTED ON Korean children and children of one North Ko- MENT.—Section 114(b) of the Continuing Ap- rean parent, including efforts to address, when PARCHMENT propriations Resolution, 2013 is repealed. appropriate, the adoption of such children liv- Ms. ROS-LEHTINEN. Mr. Speaker, I The SPEAKER pro tempore. Pursu- ing outside North Korea without parental care. send to the desk a privileged concur- ant to the rule, the gentleman from (b) CONTENTS.—The Secretary’s designee shall rent resolution and ask for its imme- California (Mr. ISSA) and the gen- be prepared to address in each briefing the fol- lowing topics: diate consideration in the House. tleman from Virginia (Mr. CONNOLLY) (1) The analysis of the Department of State of The Clerk read the concurrent reso- each will control 20 minutes. the challenges facing North Korean children re- lution, as follows: The Chair recognizes the gentleman siding outside North Korea and challenges fac- H. CON. RES. 147 from California. ing children of one North Korean parent in Resolved by the House of Representatives (the GENERAL LEAVE other countries who are fleeing persecution or Senate concurring), That pursuant to the last are living as de jure or de facto stateless per- Mr. ISSA. Mr. Speaker, I ask unani- sentence of section 106 of title 1, United mous consent that all Members may sons. States Code, the requirement of section 107 (2) Department of State efforts to advocate for have 5 legislative days within which to of such title that the enrollment of any bill the best interest of North Korean children resid- or joint resolution be printed on parchment revise and extend their remarks and in- ing outside North Korea or children of one is waived for the duration of the One Hun- clude extraneous materials on the bill North Korean parent living in other countries dred Twelfth Congress, and the enrollment of under consideration. who are fleeing persecution or are living as de any such bill or joint resolution shall be in The SPEAKER pro tempore. Is there jure or de facto stateless persons, including, such form as may be certified by the Clerk of when possible, efforts to address the immediate objection to the request of the gen- the House of Representatives or the Sec- care and family reunification of these children, tleman from California? retary of the Senate (as applicable) to be a and, in individual cases where appropriate, the There was no objection. truly enrolled bill or joint resolution (as the adoption of eligible North Korean children liv- Mr. ISSA. Mr. Speaker, I yield myself case may be). ing outside North Korea and children of one such time as I may consume. North Korean parent living outside North The concurrent resolution was agreed Mr. Speaker, for the last 2 years, Korea. to. Oversight has worked diligently. Our (3) Department of State efforts to develop a A motion to reconsider was laid on professionals have worked, to a certain comprehensive strategy to address challenges the table. that United States citizens would encounter in extent, against their own best interest. attempting to adopt, via intercountry adoption, f They’ve found excesses in pay and com- North Korean-origin children residing in other b 1230 pensation within the Federal system countries or children of one North Korean par- and moved with careful detail to try to ent residing outside North Korea who are flee- ANNOUNCEMENT BY THE SPEAKER reduce those amounts, make them ing persecution or are living as de jure or de PRO TEMPORE more commensurate with the private facto stateless persons, including efforts to over- The SPEAKER pro tempore. Pursu- sector. Currently, Federal workers re- come the complexities involved in determining jurisdiction for best interest determinations and ant to clause 8 of rule XX, the Chair ceive typically over $100,000 and are adoption processing, if appropriate, of those will postpone further proceedings about 16 percent higher compensated who habitually reside in a Hague country or a today on motions to suspend the rules than their private sector counterparts. non-Hague country. on which a recorded vote or the yeas Today we will consider something on (4) Department of State diplomatic efforts to and nays are ordered, or on which the the fiscal cliff, but before we do it, I encourage countries in which North Korean vote incurs objection under clause 6 of felt it was important to deal first with children or children of one North Korean parent rule XX. this bill. And so I’m happy, in a few are fleeing persecution or reside as de jure or de moments, to recognize Mr. facto stateless persons to resolve issues of state- Record votes on postponed questions lessness of North Koreans residing in that coun- will be taken later. FITZPATRICK, the author of this bill, try. f which is very narrow, but simply says (5) Department of State efforts to work with that the President cannot and should the Government of the Republic of Korea to es- CONGRESSIONAL PAY FREEZE not add about $11 billion to the deficit tablish pilot programs that identify, provide for AND FISCAL RESPONSIBILITY ACT by the stroke of a pen, by an executive the immediate care of, and assist in the family Mr. ISSA. Mr. Speaker, I move to order at a time in which he’s negoti- reunification of North Korean children and suspend the rules and pass the bill ating to try to raise taxes to earn children of one North Korean parent living within South Korea and other countries who (H.R. 6726) to prevent the 2013 pay ad- maybe another $60 billion or $70 billion, are fleeing persecution or are living as de jure or justment for Members of Congress and at most, for the Federal Treasury. de facto stateless persons. persons holding other offices or posi- So this will stop the Federal workers Amend the title so as to read: ‘‘An Act to tions in the Federal Government from from receiving a pay increase. It will express the sense of Congress regarding being made. not stop their step increases. It will

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18572 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 not stop their merit increases. It will I’m glad to see that so many in this Mr. CONNOLLY of Virginia. Mr. not stop a great many other increases Chamber have cosponsored this meas- Speaker, I yield myself such time as I in their pay and compensation. But it ure. And in the past 24 hours, I’ve seen may consume. will say that, at this time, when the comments from Democrats and Repub- Mr. Speaker, I rise in strong opposi- American people are not getting auto- licans expressing outrage at the Presi- tion to this bill, H.R. 6726, which seeks matic cost-of-living increases, neither dent’s unilateral executive order. A to extend the pay freeze on the dedi- should the Federal workforce. Democrat in the Senate called it the cated men and women of our civil serv- And oh, by the way, Mr. Speaker, worst idea ever. A Democrat in this ice for the third consecutive year. neither should you, neither should the House has called it inappropriate. b 1240 ranking member, neither should I. And So, extend the pay freeze for all Fed- this bill stops us from giving ourselves eral workers, including elected offi- This is a pig in a poke. a pay increase that the President has cials. This bipartisan policy was origi- From the outset, let me be clear. I asked for. nally put in place by our Democrat col- strongly support freezing the salaries I reserve the balance of my time. leagues because they recognized that of Members of Congress. I’ve signed a Mr. CONNOLLY of Virginia. Mr. the pain being felt across our economy letter to do that. And if this bill did Speaker, in order to allow the author could not be reserved for the private only that, I would be an original co- of the bill to speak, I reserve the bal- sector. sponsor. But it doesn’t. The Senate last ance of my time. Federal workers in my district and night did just that. It froze our sala- Mr. ISSA. I yield such time as he across the country are hardworking in- ries. But it didn’t do this. It didn’t ex- may consume to the gentleman from dividuals. They deserve fair compensa- tend that freeze for a third year to the Pennsylvania (Mr. FITZPATRICK). tion too. Mr. Speaker, we’re not trying men and women who serve our country Mr. FITZPATRICK. Mr. Speaker, the to punish or force unnecessary hard- in Federal service. American people do not get an auto- ship on civil servants, but taxpayers The bill before us today, which cyni- matic pay increase, and neither should should not be taking home less than cally pairs a pay freeze for us in Con- Members of Congress. Federal workers. gress with a continuation of the pay My bill, the Congressional Pay Recent studies have shown that the freeze on career civil servants, is yet Freeze and Fiscal Responsibility Act, average Federal worker earns 20 per- another tired, duplicative, and cheap gives us the chance to show the Amer- cent more than a private worker in a shot at our Nation’s dedicated Federal ican people that, at least in this re- similar position. This disparity is even workforce. It’s one last parting shot in gard, that we do get it: freeze salaries wider when benefits are taken into ac- the dying days of this Congress, which now, including for Members of Con- count. We have to recognize that over cannot die too soon. gress, at current levels. recent years there’s been a growing dis- If Members of Congress and the pub- Mr. Speaker, there are too few oppor- parity between the compensation for lic simply take a look at the score- tunities in this town where issues can Federal workers and their counterparts board, they’ll see that, with respect to bring us together. The President has in the private sector, and, quite frank- the deficit reduction, Federal workers done that for us this week. Unbeliev- ly, that sends exactly the wrong mes- not only have borne a disproportionate ably, in the middle of talks this week sage at exactly the wrong time. share of the cost, they’ve virtually on tax rates and sequestration revi- The President’s own Debt Commis- borne the only share of the cost. Fed- sion, in the midst of high deficits and a sion, which has thus far been ignored eral employees have contributed al- growing national debt, the President by the President, recommended a 3- ready $103 billion toward deficit reduc- has proposed pay increases for Mem- year pay freeze for Federal Govern- tion through an extended pay freeze bers of Congress, and has done so by ex- ment workers. If it would have been that continues to this day—and benefit ecutive order dated December 28. adopted at that time, that pay freeze cuts. I have to say that nobody in this would have lasted through 2013, the For example, Federal workers have town saw this coming, and very few same period of time that this bill pro- contributed $60 billion towards deficit think it is warranted. The Congress has poses. reduction as a result of the 2-year pay not produced a budget in 3 years be- Of course, we all agree that the men freeze covering 2011 and 2012. The re- cause the Senate refuses to do their and women of our Nation’s military de- cent pay freeze extension through job. The last thing they need is a pay serve a pay increase while our Nation March of this year adds another $28 bil- increase. In fact, the No Budget, No is at war. This bill provides that mem- lion. This total also includes the $15 Pay Act should be the law of this land. bers of the Armed Forces will continue billion contribution that will be made If you don’t produce a budget within to be eligible for the pay increases that by Federal new hires who, starting the prescribed period of time, you have been supported by me and a next year, will see their pay decrease should not get paid. And if you a strong bipartisan majority of my col- by 2.3 percent as contributions to their produce a budget after the proscribed leagues. pensions are raised compared to cur- period of time, you should not get paid Mr. Speaker, we hear a lot of talk rent civil servants, with no commensu- retroactively. from some of our colleagues about rate increase in benefits. Meanwhile, Mr. Speaker, this is common sense, shared sacrifice. Higher taxes from this inequity is amplified when one but common sense just isn’t too com- ObamaCare are coming, and tax rates compares the financial sacrifice made mon in this city, and there’s no sense for certain businesses and individuals by our dedicated civil service to the at all in the President’s executive are going to go up. The private sector deficit reduction contributions made order to increase pay at this time—not and small businesses are being asked to by millionaires and billionaires over now, not under these circumstances, sacrifice. the past 2 years. and not in this economy. It is an action What kind of a message does it send I might add, as if it weren’t enough, taken unilaterally by the President, if, at the same time, Members of Con- my friends on the Republican side of which has earned an immediate and al- gress, the administration, and the Fed- the aisle actually tried for the first most universal scorn, as well it should. eral Government get a pay raise? That time to finance transit in America—in As we close out 2012, there are still is exactly the wrong message at ex- a transportation bill that died an igno- too many issues unresolved. There are actly the wrong time. minious and well-deserved death—$50 too few instances of accomplishments I urge my colleagues to support this billion by having these same pension or results. Our economy is still at risk, bill and to send the American people benefit cuts on existing civil servants, and the American people are still the strong message that the public sec- which would have added $50 billion struggling. American workers have tor and elected officials do not consider more to the deficit reduction cost only given all they can. Have we? Have we themselves exempt from the economic apportioned to Federal workers. Mean- given all that we can? realities of our time. while, if I’m not mistaken, compared

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18573 to the $103 billion deficit reduction This was a cynical planned move, Mr. chairman of the committee was trying contribution by Federal employees, the Speaker, on the part of our President. to inform me of the fact that a bill I deficit reduction sacrifices—that He brought great drama to this effort, was not aware of was introduced yes- shared sacrifice my friend from Penn- unnecessary drama. Because, you see, terday. If there is a clean bill intro- sylvania referred to—has demanded of this House of Representatives already duced by my friends from Minnesota millionaires and billionaires adds up to did this job to avert the fiscal cliff. We and Pennsylvania simply to freeze con- a grand total of zero. Yet, despite these did this work. It was completed last gressional salaries, I’m only too happy facts, there are still some attempting August. We said that no one’s taxes to cosponsor it. I know that will reas- to squeeze even more deficit reduction need to go up, and we were able to off- sure my friend, the chairman of the out of Federal workers, even as they set any spending cuts. The work was committee. seek to protect the millionaires and done. The problem is the Senate never I now yield such time as he may con- billionaires who have yet to make any took up the completed work of the sume to the distinguished ranking contribution to debt reduction in this House, and the President of the United member of the Oversight and Govern- country. States spent the last half of this year ment Reform Committee, the gen- Republicans in the 112th Congress continually castigating the House of tleman from Maryland (Mr. CUMMINGS). have treated Federal employees like Representatives for not having this Mr. CUMMINGS. I want to thank the America’s piggybank, dipping into pay work done when we did our work. gentleman for yielding. and benefits to help pay for everything And so out of nowhere, again, not at Mr. Speaker, I rise in strong opposi- from the payroll tax cut to unemploy- the request of Congress, the President tion to H.R. 6726, which would extend ment benefits to transit in the trans- decided to make a very unlovely party the pay freeze on Federal employees portation bill. to this conversation—the Congress— through the end of 2013 and eliminate Federal employees are on the front even less palatable by putting upon us the pay adjustment for Members of line of communities throughout Amer- the idea that we wanted to raise our Congress. ica. They defend America. They serve own salary when we had nothing what- I think we need to be very careful in side-by-side with our military in thea- soever to do with that. That’s why over this discussion. As my distinguished ters of war. They put out fires. They the weekend I directed my staff that colleague from Virginia just stated, I process Social Security checks. They we would put forth a bill to take away don’t think there’s any Member of Con- deal with the sick and they deal with this unilateral increase in salary for gress that is against freezing the pay of our children. They protect our borders. Congress at the President’s hand. We Members of Congress. If I had known I strongly oppose any attempt to cut put our bill together. Mr. FITZPATRICK about the bill, I would have cospon- benefits and wages that Federal em- put his bill together. We both intro- sored it. I don’t know when it was filed, ployees have earned by providing es- duced bills yesterday. but I would have cosponsored it, as he sential services to all Americans. And I’m very happy to be a part of Given the very small share of the said he would have also. But this is a this bill, as every Member of Congress Federal budget represented by Federal different issue. is happy to be for this bill, because, employees’ salaries, further reducing b 1250 after all, this had nothing to do with their pay and benefits is not rational the conversations. This was a cynical I cannot understand why the House is and not an effective way to reduce our effort on the part of the President—and considering this bill right now. The Nation’s debt. It’s picking on them. I believe nothing more cynical than the Senate just approved a landmark deal I urge my colleagues to vote against to avert the fiscal cliff with widespread this bill, and I reserve the balance of fact that the current agreement with the fiscal cliff was agreed to, we’re bipartisan support—a vote of 89–8. Act- my time. ing on the fiscal cliff legislation as Mr. ISSA. Mr. Speaker, I would trust told, somewhere around 11:30 last soon as possible should be our first and that the gentleman was unaware that night. The bill was voted on at 2:00 in most urgent order of business this Mr. FITZPATRICK also does have a bill the morning. Again, this is New Year’s that only freezes our pay, and it does Eve. I don’t know how many Senators afternoon. But instead, this bill—which not bear the gentleman’s name as a co- between midnight and 2 a.m. in the is yet another assault on very hard- sponsor. Perhaps he can correct that morning had a chance to thoroughly working, middle class American work- today. read this agreement that’s 157 pages ers—was introduced not very long ago. I yield 4 minutes to the gentlelady long. Is this really the way the majority from Minnesota (Mrs. BACHMANN). You see, this is not how we should wants to begin the new year? Mrs. BACHMANN. I thank the gen- run our government. This is drama, un- Members of Congress certainly can tleman from California. I thank Mr. necessary drama. And President Obama do without a pay adjustment. And the FITZPATRICK for his bill as well. bears the responsibility for his failure bill passed by the Senate last night to I, too, was shocked when I saw that to lead and his intentional effort, it ap- resolve the fiscal cliff already includes the President of the United States, out pears, to mislead the American public a provision freezing Members’ pay. I of nowhere, at no request from any with this cynical bill. That’s why we plan to vote for the package that came Member of Congress, had issued a uni- are here this morning, to clarify the out of the Senate, assuming it stays in lateral executive order, which means President’s action. This was not at our its present form. But Federal workers he decided to take the law into his own behest, and we are rejecting this meas- are the backbone of our government. hands and, in effect, become his own ure today to increase Congress’s sal- Let me say that again: Federal workers Congress and decide unilaterally, at ary. are the backbone of our government. the height of the fiscal cliff debate, Mr. CONNOLLY of Virginia. I must They’re the ones who support our that he would throw a new wrench into say I appreciate the gentlelady’s points troops in the battlefield. They are the that argument, and it would be this: about cynicism. But Federal workers ones who provide care to our veterans. When there is massive uncertainty, and the American public might be for- They’re the same ones that bring about unfinished business, he would decide given for thinking that it is cynical to cures for dreadful diseases at NIH. that he would unilaterally give a pay be decrying a last-minute deal neces- They are the ones that protect our bor- increase to the United States Congress sitated by the fact that the House has ders and safeguard our food supply. exactly when the public is uncertain been out for 15 of the last 19 weeks in They’re the same ones that ensure our and doesn’t know what is going to hap- recess instead of doing its business seniors get their Social Security pen. Will their taxes go up? Will they here on the House floor, which is why checks and help hunt down terrorists no longer be the recipient of a spending we’re here today. like Osama bin Laden. They’re the program? By the way, I also want to appre- same ones. And so now Congress is going to get ciate, because I know it wasn’t a cheap In return for their hard work and a spending increase? shot, and I know that the distinguished dedication, the majority has rewarded

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18574 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 Federal workers with an unprecedented they’re not overpaid in many ways. ductive Congresses in American his- assault on their compensation and on They do, in fact, have a very generous tory. their benefits. This has included pro- defined benefit plan, something the Mr. ISSA. Will the gentleman yield? posals to arbitrarily cut the number of American people usually don’t have, Mr. CONNOLLY of Virginia. I would Federal workers. All you’ve got to do something that would guarantee them normally yield, but I would remind my in my district, when you go and visit a a pension over and above their 401(k). friend, Mr. Speaker, that he would not place like Social Security and you talk And automatically it increases with in- yield to me when he made his com- to the employees—many of whom are flation; automatically it is funded. ments about cosponsorship of the piece my constituents—employee ranks are That’s true whether you’re a postal of legislation, and so I reluctantly will being decimated. People are working worker, a Member of this body, or the not yield. harder and harder without the help executive branch. I now yield 3 minutes to the gen- that they need. Our colleagues have We’re not arguing whether or not the tleman from Massachusetts (Mr. gone on to slash retirement benefits Federal worker is dedicated at all. LYNCH). and now with the most recent proposal We’re arguing whether this is the right Mr. LYNCH. I thank the gentleman to extend the current 2-year pay freeze time to add $11 billion to a $10 trillion for yielding. for yet another year. deficit that we’re not dealing with. We Mr. Speaker, I rise in strong opposi- I know all kinds of studies are pre- have a $10 trillion deficit after today’s tion to this so-called ‘‘Federal worker sented to say that Federal workers are action on ‘‘ending the cliff’’ that is pay freeze.’’ As the ranking member of making a whole lot of money. Well, still going to be projected. It hasn’t the Subcommittee on the Federal maybe we need to walk around and do been scored exactly, but it will still be Workforce, we have witnessed a delib- a little survey of our own and talk to over $1 trillion this year—and if his- erate effort over the past 2 years of the some of the people who work around tory repeats itself, for every remaining Republican majority to undertake a se- here. Go to some of these Departments, year of the Obama administration. ries of legislative attacks on our mid- Agriculture, the various Agencies, and Now, the gentleman from Maryland dle-income Federal workers, and this talk to them. Talk to some of the la- did say one thing that perhaps was not bill is no different. dies who may be a single-mother accurate—and he didn’t mean to. He Despite the title of this legislation, household making $45,000 a year; talk said, well, if you ask people around this bill would extend the current stat- to her about a pay freeze. Talk to the here. Well, perhaps he forgot that here utory pay freeze for all Federal civilian gentlemen who moved our offices— in the House of Representatives, this employees—the vast majority of whom we’ve seen them all in the House entire body—except for congressional are middle class earners—through 2013. throughout our buildings—ask them salaries, which are stipulated under the In place of a balanced approach to about the pay freeze. Talk to them, and Constitution—we have, in fact, had to deficit reduction based on a genuine I think they will tell you another deal with a 5 percent reduction year commitment to shared sacrifice, this story. over year in actual money available to bill again seeks to target Federal em- Millions of middle class Federal run the House, and in the next year, 6.4 ployees who are already in their second workers have already sacrificed more percent; meaning, we have dropped year of a 21⁄2-year pay freeze. Collec- than $100 billion in the name of deficit more than 11 percent in the dollars tively, because of the pay freeze that’s reduction and to pay for the extension spent—not in some hypothetical base been in effect for the last couple of of unemployment benefits to millions plus, but in the dollars spent we have years, these same Federal workers of other workers; yet our House Repub- dropped more than 11 percent under have already contributed over $100 bil- licans insist on raiding their pay and Speaker BOEHNER. lion towards deficit reduction and con- their benefits again. Enough is enough. That kind of a cut has not been du- tinued unemployment benefits for We need to put aside this legislation plicated by the executive branch. Had other workers. and take up the fiscal cliff legislation it been duplicated by the postal work- I’d like to note that I am not opposed immediately. The Senate has done its ers, we wouldn’t have a $12 billion loss to a pay freeze for Members of Con- work, and now it is our responsibility. there. Had it been duplicated by the ex- gress. I think we should lead by exam- The one thing we should not do is let ecutive branch, to be honest, Mr. ple. In fact, I have voted for pay freezes the markets open tomorrow without Speaker, we would be talking today for congressional pay on six different the fiscal cliff being resolved. As I lis- about how can we cut anymore and occasions. tened to my good friend, Mr. both sides would be agreeing. We b 1300 FITZPATRICK, talk about this provision haven’t made an 11 percent drop in ac- with regard to making sure that Mem- tual spending in 2 years. Had we done Regrettably, however, this legisla- bers of Congress not get a pay in- that, we wouldn’t be looking at a hun- tion continues the concerning trend crease—and I agree with him totally— dred percent growth in the last 12 years throughout the 112th Congress of at- I hope that he will also join me when I in the cost of government. tempting to address deficit reduction vote for the legislation that has been With that, I reserve the balance of on the backs of middle-income workers sent over here by the Senate since it my time. in the Federal Government again by contains that very, very important Mr. CONNOLLY of Virginia. I would attacking their take-home pay. These provision. inquire of the Chair how much time re- are the dedicated folks who work at With that, I wanted to thank again mains on this side. our VA hospitals; they protect our bor- the gentleman for yielding. The SPEAKER pro tempore. The gen- ders; they care for, again, our wounded Mr. ISSA. Mr. Speaker, I yield myself tleman from Virginia has 91⁄2 minutes; veterans; they run the research facili- such time as I may consume. the gentleman from California has 6 ties in researching cures for deadly dis- The ranking member made a good minutes. ease, and they provide services to the point, and in this body you should al- Mr. CONNOLLY of Virginia. Mr. Defense Department and the State De- ways go along with that which is true Speaker, I would simply observe to my partment. So these are the people that and oppose that which is false. The friend, the chairman of the committee, are doing the hard work, and this is not gentleman made an excellent point: we in talking about the 11 percent cut a way to repay them. Again, they are do have hundreds of thousands of hard- here in the House of Representatives, already in the second year of a 21⁄2-year working Federal employees. They de- of course that does not address the pay freeze. liver to the American people a good lack of productivity here in the House. I agree that that pay freeze should product. The vast majority of them, if There are many Americans who might apply to me and other Members of Con- you ask them, do not feel they’re over- think that that cut is deserved given gress; however, these hardworking fel- compensated. They’ve worked hard; how little got accomplished in the low employees should not be asked to they’re highly educated; in fact, 112th Congress—one of the least pro- carry even more of this burden.

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18575 I thank the gentleman for yielding. to today. So they’re really being made deficit situation is to cut off our nose Mr. ISSA. Mr. Speaker, I know my a scapegoat. And we’re doing this at a to spite our face, and that’s really friend from Virginia means well, but, time when we’re trying to compete in a what we are doing here. This is not fair once again, he talks about a lack of ac- global economy. to the Federal workforce, it’s not fair complishment. Apparently, he hasn’t Now, what happens is we send a mes- to the country, and it should not be looked at the work that the clerks sage to Federal employees that if you passed today. have done here on the floor. He hasn’t can get out, get out. We don’t really Mr. ISSA. Mr. Speaker, I note, once looked at the work that CBO, the Con- appreciate what you’re doing for the again, that this is a half a percent that gressional Budget Office, has done, or public sector. Get into the private sec- will not be increased by this action— the Government Accountability Office. tor. Most of you can make two or three half a percent—so on $100,000 it’s $500 of Those are all funded, and yet we had an times what you’re making in the public a pay raise that will not occur for Fed- 11 percent reduction in spending. sector. So this is a good time to go, be- eral workers, and, in fact, the sky is So, in fact, when we’re talking about cause otherwise your family is going to not falling if we choose not to have the hardworking men and women of have to suffer and you’re not going to that happen this year. the government, this branch has found be able to achieve the kind of quality With that, I’d like to yield 11⁄2 min- a way to reduce spending by over 11 of life that your talents, experience, utes to the gentleman from Texas (Mr. percent in spite of the hardworking and skills would merit, and we’re going FLORES). men, not just here on the floor and in to continue doing this to you individ- Mr. FLORES. Mr. Speaker, our Na- our offices, but the Governmental Ac- ually and collectively. tion is on the verge of going over a fis- countability Office, the CBO and oth- That’s not the way to run a govern- cal cliff because Washington has a ers. ment. We pass all these laws, we pass spending problem. President Obama With that, I reserve the balance of appropriation bills, and then it’s the still does not understand this problem my time. executive branch’s responsibility to as he has recently issued an executive Mr. CONNOLLY of Virginia. Mr. carry them out. How do we think we order granting pay increases to most Speaker, before I call on the distin- can pass these laws and then expect civilian employees and to Members of guished Member from Virginia, I would people to carry these laws out with ef- Congress. I believe that, given our cur- simply note, of course, the produc- ficiency and effectiveness when we rent economic climate and huge Fed- tivity I talk about is the productivity take $100 billion out of their compensa- eral deficits, these raises are grossly of this legislative body, not the honor- tion? What kind of a message does that inappropriate and represent an insult able men and women who serve us, but send to the people who serve us di- to hardworking American taxpayers. for us. rectly and all of the American people’s These factors have prompted me to join And we passed a fewer number of interests in terms of their ultimate this legislation to halt these unneces- bills in living memory. We have been mission? It sends all the wrong mes- sary salary increases. out for 15 weeks since August instead sage. You have heard arguments today of doing the people’s business. That is Now, I know people don’t care much that Federal workers are being victim- one of the least productive records in about the procedural issue, but, boy, ized by this legislation. Well, here are American history, and no words are what a precedent to set. a few facts that will rebut that as- going to change that, not in the his- Mr. ISSA. Will the gentleman yield? sumption: tory books and not in the minds of the Mr. MORAN. Yes, I yield to the gen- One, the income of the average Amer- American public that is showing its tleman. ican private sector family has gone disapproval of that productivity with Mr. ISSA. I might note for the gen- down about $4,000 during the last 4 the low approval ratings of this Con- tleman, it was posted last night, which years; gress. means it was actually posted before the Number two, Federal workers, on av- I now am pleased to yield 3 minutes cliff bill. The technical dropping is a erage, earn pay and benefits that are to the distinguished Member from Vir- different rule. But it was posted, so it equal to about twice that of their pri- ginia (Mr. MORAN). was available to all Members last vate sector counterparts; Mr. MORAN. Mr. Speaker, I thank night. And, of course, as you know, it’s Number three, Federal workers pay my very good friend who has been tire- very simple. We simply freeze, and an amount into their Federal retire- less in representing not just the inter- that’s not hard for people to under- ment plan that is less than one-tenth ests of his constituency but of this stand. I hope the gentleman under- of the amount that private sector em- great country. stands a half percent freeze is all this ployees have to pay into Social Secu- Mr. Speaker, first of all, and it may bill does. rity; and seem petty, but if it were done by the Mr. MORAN. I trust the gentleman Four, last year, hardworking Amer- other side, it would be a big deal. This will yield me the 30 seconds that he ican taxpayers had to pay about $40 bil- bill was dropped at about 20 past 12 took to explain that. lion to subsidize the insolvency of the today and then it was brought up. Now, Mr. ISSA. I would be delighted to Civil Service Retirement System. in less than an hour, we drop a bill and yield the gentleman 15 seconds. Mr. Speaker, for these reasons and we bring it to the floor? That’s not the Mr. MORAN. I thank the chairman. the huge deficits of our Federal Gov- way to do business. The caucuses are The point is: you drop it on New ernment, I support this legislation involved in other things. The whole Year’s Eve. I’m not sure if that isn’t a wholeheartedly. Democratic Caucus is talking to the distinction without a difference, really. Mr. CONNOLLY of Virginia. Mr. Vice President, and here we are about There’s been no time to review this. Speaker, I have an inquiry. How much to do something of real consequence, Nobody’s focused on this. time remains on this side? not just for Federal employees and the The SPEAKER pro tempore. The The SPEAKER pro tempore. The gen- Members of Congress, but for the coun- time of the gentleman has expired. tleman from Virginia has 23⁄4 minutes try. Mr. CONNOLLY of Virginia. Mr. remaining. The gentleman from Cali- First of all, as my very good friends, Speaker, I yield the gentleman an addi- fornia has 31⁄2 minutes remaining. Mr. LYNCH and Mr. CONNOLLY, have tional 15 seconds. Mr. CONNOLLY of Virginia. If I may pointed out, Federal employees have Mr. MORAN. I would hope the gen- inquire, Mr. Speaker, if my colleague contributed now over $100 billion to- tleman who chairs Oversight and Gov- on the other side has any other speak- ward deficit reduction. They have had ernment Reform would recognize, as ers? their pay frozen for 2 years. This will Mr. CONNOLLY and Mr. LYNCH have rec- Mr. ISSA. Not at this time, so I be a third year. New hires are going to ognized, that there are some very seri- would simply reserve the right to close. have to contribute four times as much ous risks in going forward with this. I Mr. CONNOLLY of Virginia. I’m pre- into their pension as they would have don’t think that the way to solve our pared to wrap up and yield back, and I

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18576 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 yield myself such time as I may con- Mr. Speaker, everyone had a New dying hours of this Congress and instead sume. Year’s resolution, I trust, last night. focus our attention on the important business Mr. Speaker, I’m worried about the For all of us, I’m sure it was to lose a of moving the bipartisan package that the future of the Federal workforce’s con- little weight, do a few other things Senate passed yesterday to address the Fis- tinued denigration of public service. that we haven’t been doing; but for me cal Cliff. Continued whacking away at com- particularly, it’s to go after the dupli- Ms. MCCOLLUM. Mr. Speaker, with regard pensation and benefits that make it an cation in government, to go after the to H.R. 6726, this is a bill to deny all federal attractive career choice for so many organizational flaws in government civilian employees a 0.5% pay increase after young people is going to make it much that would allow us to be less critical, they have endured two consecutive years of a harder to recruit and retain the skilled perhaps, of what we can afford from mandatory pay freeze. This bill unfairly pun- workforce of the future. And despite our Federal workforce and more proud ishes federal employees who have already what my colleague just indicated—I’m of the fact that it is organized for effi- sacrificed significantly during difficult economic not quite sure where he got his statis- ciency. times. By denying federal employees even a tics—the Federal Salary Council, Mr. Speaker, in closing, the Presi- modest salary adjustment this Republican bill which looks at Federal salaries every dent called for reorganization author- strangles the federal workforce, making fed- year, concluded that Federal employ- ity and then did nothing in his first eral service an ever less attractive career op- ees earned, in 2011, 26.3 percent less term. It is my goal to give him reorga- tion for America’s best and brightest. than their private sector counterparts nization and a reorganizational plan. It This bill also denies a modest cost of living and, this year, 34.6 percent less. A CBO is my committee’s obligation to do increase to Members of Congress. If House study found that people in the Federal that. Republicans want to deny a pay increase for workforce with a Ph.D. degree earn 23 As I vote today to freeze our pay and Members of Congress then they should have percent less than their private sector to freeze all of the Federal workers’ put forward a clean bill that does not punish counterparts, and if you had a bach- pay, I do so recognizing that the best the federal civilian workforce. elor’s degree, roughly 23 percent less, way for Federal workers to get a pay Last night the U.S. Senate passed the bi- and only in the high school level did raise without it being on the backs of partisan amendment to H.R. 8 that prevents a they actually earn more, 21 percent the American people is for us to reor- tax increase for 98% of American taxpayers. more. ganize government, whether it’s in in- In Section 902 of that legislation is language formation technology or any other denying a cost of living increase to Members b 1310 goods and services that Federal Gov- of Congress in 2013. If my Republican col- Actually, we’ve got a problem. As we ernment delivers. We can do better. We leagues really want to deny Congress a pay look at the baby boom generation get- can take waste out of Medicare, and we increase that has a chance of becoming law ting ready to retire, 47 percent of the can take waste out of all aspects of the then I urge them to vote for the Senate’s bi- entire existing workforce is eligible for Federal Government. partisan agreement that raises taxes on mil- Mr. Speaker, I know this bill will retirement over this next decade. How lionaires and billionaires and cuts taxes for pass on a bipartisan basis because it’s will we recruit and retain that work- middle class families. appropriate to do here today. I urge its force if we’re going to continue to use Mr. CURSON of Michigan. Mr. Speaker, I support, and I yield back the balance of them not only as a piggy bank to fi- rise in opposition to this bill that would extend my time. nance the deficit, but perhaps more dis- the current two-and-half year pay freeze for gracefully as a punching bag in terms Mr. VAN HOLLEN. Mr. Speaker, I rise in strong opposition to H.R. 6726, a bill that aims federal employees. of disparagement of service? We are far Unlike others in the middle class, federal to claw back the .5% COLA promised to fed- away from John Kennedy’s call to employees are the LONE segment that has eral employees when the Continuing Resolu- serve your country. made sacrifices that are directly dedicated to Mr. Speaker, with that, I yield back tion expires in March of this year. While I do not oppose the provision of the bill that deficit reduction. Federal employees have sac- the balance of my time. rificed $60 billion dollars in lost wages over 10 Mr. ISSA. I yield myself such time as freezes the pay for Members of Congress, I cannot support a measure that asks federal years for deficit reduction, they have been I may consume. forced to pay 50% of the cost of the Unem- Mr. Speaker, in closing, this bill is employees who have already disproportion- ately sacrificed so much for deficit reduction to ployment Insurance extension, contributing an- going to pass, and it’s going to pass sacrifice even more. other $15 billion, and their contribution to their likely on a bipartisan basis because it This bill is yet another assault on the mid- pension from their pay has significantly been would be the ultimate in inappropriate dle-class Americans who work to ensure that raised, further depleting their available cash to behavior by this body to allow our pay the food we eat and the water we drink are take care of daily necessities. to be raised. This is something I think safe. These dedicated public servants protect These impacts are being felt by hard work- that both sides have said fairly our airports, care for our injured veterans and ing employees, critical to our nation, who are straightforward that this is not a time guard our borders. And yet, as this bill proves, by no means the highly paid federal employ- in which Members of Congress should their service and sacrifices are not valued by ees. We are talking about nursing assistants take their $174,000 salary and increase many in Congress who, when they look at fed- in VA hospitals that care for our wounded vet- it. I don’t believe we’ve earned it this eral employees can only see their pensions erans who make only $27,000 a year or prison year. By the way, I believe the Presi- and pay and benefits as a source they can correctional officers at 38,000 who face our dent’s salary will not go up and the turn to anytime they need extra cash. most dangerous criminals daily. Once again, Vice President’s salary will not go up, Federal workers have contributed $60 billion regular working men and women are being and that is also appropriate. as part of a two-year pay freeze; they contrib- asked to sacrifice in the name of national debt But as we look at the hardworking uted $15 billion more as part of the Payroll reduction, and yet this Congress has yet to men and women of the Federal work- Tax Extension; and the Continuing Resolution pass a SINGLE tax increase on the wealthiest force and look at my colleagues from the government is currently operating under Americans. Virginia who spoke and my colleague asked them to forgo, until March, the .5% Federal employees earn and deserve their from Maryland who spoke, the point COLA they were promised this year. If this bill wages. These workers will purchase goods that the Federal workforce should be passes, the two year pay freeze Federal em- and services, pay off bills and put this money listening to today is that, in fact, it’s ployees are currently laboring under will be right back into our economy. The burden of not how hard they work; it’s what can extended for another year. Enough is enough! deficit reduction should be shared, not placed the American people afford. We cannot Members of Congress can afford to go with- squarely on the back of America’s middle afford to continue these deficits. It’s out a pay raise, but Federal employees should class. not how hard they work. It is the inef- not be treated as if they were the federal gov- One more point—to be clear passage of this ficiency and waste not just in their of- ernment’s piggy-bank. bill will include a pay raise for members of fice, but in the way government is or- I ask my colleagues to join me in opposing Congress—a raise they do not deserve. We ganized. this bill so that we stop wasting our time in the can remedy that misfortune by passing the

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0688 Sfmt 9920 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18577 American Taxpayer Relief Act of 2012 which U.S. Ambassador J. Christopher Stephens, S. 3662 specifically restricts an increase in Members of U.S. Foreign Service Officer Sean Smith, and Be it enacted by the Senate and House of Rep- Congress pay. two former Navy Seals, Glen Doherty and Ty- resentatives of the United States of America in Mr. WOLF. Mr. Speaker, Members of Con- rone Woods. Congress assembled, gress do not deserve a pay raise. I won’t ac- And we should not forget that the CIA SECTION 1. SHORT TITLE. cept one. In fact, all of us should have our pay agents who planned and helped execute the This Act may be cited as the ‘‘Lieutenant docked, as should the president. But that’s not Ryan Patrick Jones Post Office Designation raid that killed Osama Bin Laden are federal Act’’. what this vote is about. It’s time for members employees. SEC. 2. FINDINGS. of both parties to stop attacking our Nation’s Every day, Border Patrol agents and ICE Congress finds the following: hardworking civil servants. agents are working to stop the flow of illegal (1) First Lieutenant Ryan Patrick Jones Unlike other sectors of our society, since the immigrants, victims of human trafficking and volunteered to serve the United States in the beginning of 2011, federal employees, as a re- drugs across our borders. Federal firefighters Army. sult of reduced compensation and benefits, work to protect federal lands and mitigate the (2) Lieutenant Jones earned his rank, the have already made significant contributions to spread of deadly fires. Immediately following Army Achievement Medal, the Purple Heart, efforts to reduce our Nation’s deficit. I know the December 2011 shooting at Virginia Tech, the Bronze Star, the Iraqi Freedom Medal, that every federal employee continually is will- some of the first law enforcement officers on the Combat Action Badge, and the War on Terrorism Badge through his dedication to ing to contribute to efforts that address our the scene were ATF agents. These are but a the highest ideals of the United States. Nation’s unfunded spending obligations and li- few examples of the vital jobs performed by (3) Lieutenant Jones chose from a young abilities. However, they also rightly expect that federal employees. age to generously volunteer his talents to others will join them in this effort. Federal employees who are not in harm’s his community, and was recognized with aca- The legislation before us could have a sig- way on a daily basis are also dedicated public demic, social, and athletic leadership posi- nificant impact on our ability to recruit and re- servants. The medical researchers at the Na- tions throughout his life. tain qualified employees. tional Institutes of Health working to develop (4) Lieutenant Jones committed himself to Has anyone fully considered the impact that cures for cancer, diabetes, Alzheimer’s, Lyme excellence in all aspects of his life, including a three-year pay freeze will have on the CIA, earning a Bachelor of Science degree, with disease and autism are all federal employees. honors, in civil and environmental engineer- the NSA, the National Reconnaissance Office Dr. Francis Collins, the physician who mapped ing. and the National Counter Terrorism Center? the human genome and serves as director of (5) While earning his engineering degree at Or the impact on the FBI, which has, since the NIH, is a federal employee. The CDC em- Worcester Polytechnic Institute, Lieutenant 9/11, disrupted scores of terrorist plots against ployees tracking steroid shots tainted with Jones was awarded a Reserve Officers’ Train- our country? meningitis are federal employees. The USDA ing Corps scholarship. Or the impact on our military, which is sup- researchers who work with our farmers to find (6) Lieutenant Jones faithfully and ported by federal employees every day on solutions for the invasive species that are de- expertly led his fellow soldiers as a platoon military bases across the Nation? leader in the Army’s First Infantry Division stroying our crops are federal employees. The while deployed to Iraq in 2007. Or the impact on VA hospitals across the National Weather Service meteorologists who (7) Lieutenant Jones made the ultimate country, which are treating military veterans track tornadoes and hurricanes, as well as the sacrifice for the United States on May 2, from World War II to today? FDA inspectors working to stop a salmonella 2007, when he was killed in action by an im- Or the impact on the Border Patrol? outbreak, are federal employees. provised explosive device set by the enemy. Or the impact on NASA, its astronauts, en- The Nation’s debt limit has been reached. (8) Lieutenant Jones’ life of service, cour- gineers and scientists, especially on the nine- We have annual deficits of more than $1 tril- age, and honor was made possible by his year anniversary of the tragic loss of the Co- lion. We are facing the prospect of across-the- dedicated parents, Mr. Kevin Jones and Mrs. Elaine Jones, who reside in Westminster, lumbia crew and a week after the 45th anni- board cuts to programs from the sequester. All versary of the loss of the Apollo 1 crew? Massachusetts. of our Nation’s fiscal problems could be re- (9) Mr. and Mrs. Jones organized the ship- Or the impact on NIH, and other federal re- solved if the Congress had the will to pass the ment of supplies to soldiers serving along- searchers, scientists and doctors? bipartisan Simpson-Bowles proposal, which I side their son, thereby supporting the morale Clearly, federal employees don’t just sit be- have long supported and have voted for. of the members of the Armed Forces. hind desks. They are members of our commu- I vote no. (10) Before entering combat, Lieutenant nities who are out in the field, often in harm’s The SPEAKER pro tempore. The Jones made arrangements to ensure that his way, protecting our Nation. Within the last question is on the motion offered by life insurance policy proceeds would become year, residents in northern Virginia mourned the gentleman from California (Mr. a scholarship fund to benefit others, a re- the loss of two federal employees who died in quest that Mr. and Mrs. Jones fulfilled. ISSA) that the House suspend the rules (11) Lieutenant Jones is remembered by his the line of duty—U.S. Park Police Sergeant and pass the bill, H.R. 6726. family, his friends, and the people of the Michael Andrew Boehm of Burke, and Na- The question was taken. United States as a role model for his fellow tional Park Service Ranger Margaret Ander- The SPEAKER pro tempore. In the citizens to emulate. son, who previously worshipped in Lovettsville. opinion of the Chair, two-thirds being (12) Lieutenant Jones’ spirit of generosity Their sacrifices remind us that many federal in the affirmative, the ayes have it. has been commemorated by organizations employees are often put in dangerous situa- Mr. ISSA. Mr. Speaker, on that I de- ranging from the Commonwealth of Massa- tions. Since 1992, nearly 3,000 federal em- mand the yeas and nays. chusetts to the Boston Celtics. ployees have paid the ultimate price while (13) It is fitting that the life of Lieutenant The yeas and nays were ordered. Jones should be further memorialized for fu- serving their country, according to the Office The SPEAKER pro tempore. Pursu- ture generations by naming the post office in of Personnel Management. The first American ant to clause 8 of rule XX, further pro- Westminster, Massachusetts, in his honor. killed in Afghanistan, Mike Spann, was a CIA ceedings on this question will be post- SEC. 3. LIEUTENANT RYAN PATRICK JONES POST agent and a constituent of mine from Manas- poned. OFFICE BUILDING. sas Park. I attended his funeral. Over 100,000 f (a) DESIGNATION.—The facility of the CIA, FBI, DEA agents, and State Department United States Postal Service located at 6 employees have served side-by-side with our LIEUTENANT RYAN PATRICK Nichols Street in Westminster, Massachu- military to carry out the War on Terror in loca- JONES POST OFFICE BUILDING setts, shall be known and designated as the tions such as Iraq and Afghanistan. Three Mr. ISSA. Mr. Speaker, I move to ‘‘Lieutenant Ryan Patrick Jones Post Office Building’’. years ago, I attended funerals for some of the suspend the rules and pass the bill (S. (b) REFERENCES.—Any reference in a law, seven CIA agents who were killed by a suicide 3662) to designate the facility of the map, regulation, document, paper, or other bomber at Forward Operating Base Chapman United States Postal Service located at record of the United States to the facility re- near Khost on the Afghanistan-Pakistan bor- 6 Nichols Street in Westminster, Mas- ferred to in subsection (a) shall be deemed to der. sachusetts, as the ‘‘Lieutenant Ryan be a reference to the ‘‘Lieutenant Ryan Pat- Our Nation mourns the loss of the four Patrick Jones Post Office Building’’. rick Jones Post Office Building’’. Americans who died during the attack on the The Clerk read the title of the bill. The SPEAKER pro tempore. Pursu- U.S. consulate and annex in Benghazi, Libya, The text of the bill is as follows: ant to the rule, the gentleman from

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California (Mr. ISSA) and the gen- I too join in sorrow at the necessity Mr. ISSA. Mr. Speaker, I yield myself tleman from Virginia (Mr. CONNOLLY) of having to take this action because of such time as I may consume. each will control 20 minutes. the loss of a promising young life. One S. 3630, introduced by Senator RON The Chair recognizes the gentleman can only hope that taking this action JOHNSON of Wisconsin, to designate a from California. will actually provide comfort to his facility of the United States Postal GENERAL LEAVE parents and to his family and to his Service located at 218 North Milwaukee Mr. ISSA. Mr. Speaker, I ask unani- broader community given their terrible Street in Waterford, Wisconsin, as the mous consent that all Members may loss. Captain Rhett W. Schiller Post Office, have 5 legislative days within which to We salute the honor and patriotism is again another exception to the no- revise and extend their remarks and in- of Mr. Jones, who was commissioned as postal rule. clude extraneous materials on the bill a second lieutenant in the U.S. Army, b 1320 under consideration. and we honor his sacrifice and his serv- The SPEAKER pro tempore. Is there Captain Schiller graduated from the ice to his country. U.S. Military Academy at West Point objection to the request of the gen- With that, I yield back the balance of tleman from California? in 2003 and was deployed to serve in my time. Iraq in 2006. Tragically, on November There was no objection. Mr. ISSA. I also urge support and Mr. ISSA. Mr. Speaker, I yield myself 16, 2006, the captain was killed by yield back the balance of my time. enemy fire. At the time of the attack, such time as I may consume. The SPEAKER pro tempore. The Mr. Speaker, on this second-to-last Captain Schiller was leading a team of question is on the motion offered by six paratroopers and six Iraqi Army day of this Congress, the Senate has the gentleman from California (Mr. sent us a naming. Although my com- soldiers. ISSA) that the House suspend the rules mittee has stopped doing namings, ex- The captain leaves behind his par- and pass the bill, S. 3662. cept in the case of Medal of Honor re- ents, William and Karla. He was award- The question was taken; and (two- cipients, this one is coming over, and I ed several medals for his heroism, in- thirds being in the affirmative) the believe it is meritorious. The Senate cluding the Bronze Star and the Purple rules were suspended and the bill was has asked us to pass it, and I will do so Heart. passed. today. We are grateful for his service. We A motion to reconsider was laid on It was introduced by Senator SCOTT make an exception to the ‘‘no postal the table. BROWN of Massachusetts and would des- naming’’ rule established because we ignate a facility of the United States f don’t have postal reform, and we do so Postal Service located at 6 Nichols CAPTAIN RHETT W. SCHILLER on behalf of the request of the Senate, and we do so for a good reason. This, in Street in Westminster, Massachusetts, POST OFFICE as the Lieutenant Ryan Patrick Jones fact, was a gentleman who served his Mr. ISSA. Mr. Speaker, I move to country, whom we want to remember, Post Office Building. suspend the rules and pass the bill (S. Lieutenant Jones earned his engi- and we want to remember him here 3630) to designate the facility of the neering degree at Worcester Poly- today and in Wisconsin for years to United States Postal Service located at technic Institute. When he earned his come. 218 North Milwaukee Street in Water- degree, he was also awarded an ROTC I reserve the balance of my time. ford, Wisconsin, as the ‘‘Captain Rhett Mr. CONNOLLY of Virginia. Mr. scholarship in the Reserve Officer W. Schiller Post Office’’. Speaker, I yield myself such time as I Training Corps. Lieutenant Jones led The Clerk read the title of the bill. may consume. his fellow soldiers as a platoon leader The text of the bill is as follows: I am pleased again to join with the in the Army’s 1st Infantry Division distinguished chairman in support of S. while deployed in Iraq in 2007. And I S. 3630 Be it enacted by the Senate and House of Rep- 3630. Again, we are honoring service to guess as a member of the Big Red One, country. We are honoring bravery and I would note that I also served with resentatives of the United States of America in Congress assembled, the ultimate sacrifice by a young that unit many years ago. American, Captain Rhett W. Schiller. I Tragically, on May 2, 2007, Lieuten- SECTION 1. CAPTAIN RHETT W. SCHILLER POST OFFICE. think it is fitting that we do rename a ant Jones was killed in action by an (a) DESIGNATION.—The facility of the post office to honor the bravery and improvised explosive device set by our United States Postal Service located at 218 the sacrifice. Again, I hope to provide enemy. He leaves behind his parents, North Milwaukee Street in Waterford, Wis- comfort to the friends and family Kevin and Elaine Jones, of West- consin, shall be known and designated as the members of the late Captain Schiller in ‘‘Captain Rhett W. Schiller Post Office’’. minster, Massachusetts. this action. He was awarded several awards for (b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other With that, I yield back the balance of his heroism, including the Bronze Star, my time. the Purple Heart, the Iraqi Freedom record of the United States to the facility re- ferred to in subsection (a) shall be deemed to Mr. ISSA. Mr. Speaker, I urge all Medal, the Combat Action Badge, and be a reference to the ‘‘Captain Rhett W. Members to vote for S. 3630, and I yield the War on Terrorism Badge. Schiller Post Office’’. back the balance of my time. I am grateful for Lieutenant Jones’ The SPEAKER pro tempore. The service and for his bravery on the bat- The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from question is on the motion offered by tlefield. And I regret that the naming the gentleman from California (Mr. of this post office is so appropriate be- California (Mr. ISSA) and the gen- tleman from Virginia (Mr. CONNOLLY) ISSA) that the House suspend the rules cause yet another one of our finest has and pass the bill, S. 3630. paid such a high price by an enemy each will control 20 minutes. The Chair recognizes the gentleman The question was taken; and (two- who uses hidden explosives rather than thirds being in the affirmative) the from Virginia. confront us in any direct way. rules were suspended and the bill was With that, I reserve the balance of GENERAL LEAVE passed. my time. Mr. ISSA. I ask unanimous consent A motion to reconsider was laid on Mr. CONNOLLY of Virginia. Mr. that all Members may have 5 legisla- the table. tive days within which to revise and Speaker, I yield myself such time as I f may consume. extend their remarks and include ex- Mr. Speaker, I’m pleased to join with traneous material on the bill under FLOOD DISASTER PROTECTION the distinguished chairman in support consideration. ACT OF 1973 CORRECTION of S. 3662 to name a postal facility in The SPEAKER pro tempore. Is there Mrs. BIGGERT. Mr. Speaker, I ask Westminster, Massachusetts, as the objection to the request of the gen- unanimous consent that the Com- Lieutenant Ryan Patrick Jones Post tleman from California? mittee on Financial Services be dis- Office Building. There was no objection. charged from further consideration of

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18579 the bill (S. 3677) to make a technical That cost inevitably will be passed on to busi- Barber Graves (MO) Nunnelee correction to the Flood Disaster Pro- nesses with commercial loans. S. 3677 will Barletta Griffin (AR) Olson Barrow Griffith (VA) Owens tection Act of 1973, and ask for its im- correct this unintended consequence, and I Barton (TX) Grimm Palazzo mediate consideration in the House. urge my colleagues to support this technical Bass (NH) Guinta Paulsen The Clerk read the title of the bill. corrections bill. Benishek Guthrie Pearce The SPEAKER pro tempore. Is there The bill was ordered to be read a Berg Hahn Pence Biggert objection to the request of the gentle- Hall Peterson third time, was read the third time, Bilbray Hanna Petri woman from Illinois? and passed, and a motion to reconsider Bilirakis Harper Pitts There was no objection. was laid on the table. Bishop (NY) Harris Platts The text of the bill is as follows: Bishop (UT) Hartzler Poe (TX) f Black Hastings (WA) Polis S. 3677 Blackburn Hayworth Pompeo Be it enacted by the Senate and House of Rep- RECESS Bonner Heck Posey resentatives of the United States of America in The SPEAKER pro tempore. Pursu- Boren Heinrich Price (GA) Congress assembled, Boswell Hensarling Quayle ant to clause 12(a) of rule I, the Chair Boustany Herger SECTION 1. TECHNICAL CORRECTION. Quigley declares the House in recess subject to Brady (TX) Herrera Beutler Section 102(d)(1)(A) of the Flood Disaster Rahall the call of the Chair. Braley (IA) Higgins Rangel Protection Act of 1973 (42 U.S.C. Accordingly (at 1 o’clock and 23 min- Brooks Hochul Reed 4012a(d)(1)(A)) is amended by inserting ‘‘resi- Broun (GA) Huelskamp utes p.m.), the House stood in recess. Rehberg dential’’ before ‘‘improved real estate’’ each Buchanan Huizenga (MI) Reichert place that term appears. f Bucshon Hultgren Renacci Mrs. BIGGERT. I rise today to ask my col- Buerkle Hunter Ribble b 1830 Burgess Hurt Richardson leagues for their support of S. 3677, a bill to Calvert Israel Rigell make a technical correction to the Flood Dis- AFTER RECESS Camp Issa Rivera aster Protection Act of 1973. Campbell Jenkins Roby S. 3677 is designed to clarify language with- The recess having expired, the House Canseco Johnson (IL) Roe (TN) was called to order by the Speaker pro Cantor Johnson (OH) Rogers (AL) in a provision of the Biggert-Waters Flood In- Capito Johnson, Sam tempore (Mr. DOLD) at 6 o’clock and 30 Rogers (KY) surance Reform Act that requires escrowing of Capps Jones minutes p.m. Rogers (MI) flood insurance payments by federally regu- Carnahan Jordan Rohrabacher Carney Keating lated lending institutions. The provision in cur- f Rokita Carter Kelly rent law could be interpreted as requiring Rooney ANNOUNCEMENT BY THE SPEAKER Cassidy Kind Ros-Lehtinen escrowing of flood insurance payments for Chabot King (IA) PRO TEMPORE Roskam residential, commercial, and multifamily loans. Chaffetz King (NY) Ross (AR) This is an incorrect interpretation. That’s why The SPEAKER pro tempore. Pursu- Chandler Kingston Ross (FL) Cicilline Kinzinger (IL) S. 3677 is necessary to clarify that this ant to clause 8 of rule XX, proceedings Royce Coble Kissell Runyan escrowing provision only applies to ‘‘residen- will resume on motions to suspend the Coffman (CO) Kline Ruppersberger tial’’ mortgage loans and not commercial and rules previously postponed. Cole Labrador Ryan (OH) multifamily loans. Votes will be taken in the following Conaway Lamborn Ryan (WI) Cooper Lance Scalise Earlier this year, Congress enacted legisla- order: Cravaack Landry Schilling Crawford tion to make needed reforms to the National H.R. 6726, by the yeas and nays; Langevin Schmidt Crenshaw Flood Insurance Program. These reforms will The Senate amendment to H.R. 443, Lankford Schock Cuellar begin the process of putting the program back de novo; Latham Schwartz Culberson LaTourette Schweikert on sound financial footing, thus reducing tax- The Senate amendment to H.R. 4212, DeFazio Latta Scott (SC) de novo. DelBene Lipinski payer exposure while ensuring coverage is Scott, Austin Denham LoBiondo available for at-risk Americans. The first electronic vote will be con- Sensenbrenner Dent Loebsack The Biggert-Waters Act requires escrowing ducted as a 15-minute vote. Remaining Sessions DesJarlais Lofgren, Zoe Shimkus by lenders with over $1 billion in assets for electronic votes will be conducted as 5- Deutch Long Shuster ‘‘any loan secured by the improved real estate minute votes. Diaz-Balart Lowey Simpson Dold Lucas or mobile home.’’ The language ‘‘any loan’’ Smith (NE) f Donnelly (IN) Luetkemeyer could broadly be interpreted as requiring Smith (NJ) Dreier Luja´ n Smith (TX) escrowing for commercial properties, and CONGRESSIONAL PAY FREEZE Duffy Lummis Southerland escrowing is traditionally only for residential AND FISCAL RESPONSIBILITY ACT Duncan (SC) Lungren, Daniel Duncan (TN) E. Stearns properties. The SPEAKER pro tempore. The un- Stivers S. 3677 would insert the word ‘‘residential’’ Ellmers Maloney finished business is the vote on the mo- Emerson Manzullo Stutzman before ‘‘improved real estate’’ to remove the tion to suspend the rules and pass the Eshoo Marchant Sullivan Terry ambiguity. Adding ‘‘residential’’ to ‘‘improved bill (H.R. 6726) to prevent the 2013 pay Farenthold Marino Fincher Massie Thompson (PA) real estate’’ makes clear the application of this adjustment for Members of Congress Thornberry provision to loans secured by residences de- Fitzpatrick Matheson and persons holding other offices or po- Flake McCarthy (CA) Tiberi signed for the occupancy of one to four fami- sitions in the Federal Government Fleischmann McCaul Tierney lies and does not impose new escrow obliga- from being made, on which the yeas Fleming McClintock Tipton tions on commercial and multifamily real es- Flores McHenry Turner (NY) and nays were ordered. Turner (OH) tate servicers. Forbes McIntyre The Clerk read the title of the bill. Fortenberry McKeon Upton It recognizes the loan servicing practices of The SPEAKER pro tempore. The Foxx McKinley Walberg commercial and multifamily real estate bor- question is on the motion offered by Franks (AZ) McMorris Walden rowers as distinct from those of residential Frelinghuysen Rodgers Walsh (IL) the gentleman from California (Mr. Gallegly McNerney Walz (MN) borrowers, thus exempting these loans. It also ISSA) that the House suspend the rules Garamendi Meehan Wasserman ensures consistency with other financial insti- and pass the bill. Gardner Mica Schultz tution regulations. The vote was taken by electronic de- Garrett Michaud Webster This bill is supported by the American Bank- Gerlach Miller (FL) West vice, and there were—yeas 287, nays Gibbs Miller (MI) Westmoreland ers Association, including its members of the 129, not voting 15, as follows: Gibson Miller, Gary Whitfield American Bankers Insurance Association, or [Roll No. 655] Gingrey (GA) Mulvaney Wilson (SC) ABIA. I would like to insert their letter of sup- Gohmert Murphy (PA) Womack YEAS—287 port for the RECORD. Goodlatte Myrick Woodall Without this bill, the ABIA states that ‘‘banks Adams Altmire Austria Gosar Neugebauer Yoder Aderholt Amash Bachmann Gowdy Noem Young (AK) will face expensive compliance and training Akin Amodei Bachus Granger Nugent Young (FL) costs to implement this unintended provision.’’ Alexander Andrews Baldwin Graves (GA) Nunes Young (IN)

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18580 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 NAYS—129 the gentleman from Alaska (Mr. Lankford Pallone Scott (VA) Larsen (WA) Pascrell Scott, Austin Ackerman Fudge Pelosi YOUNG) that the House suspend the Larson (CT) Pastor (AZ) Scott, David Baca Gonzalez Perlmutter rules and concur in the Senate amend- Latham Paulsen Sensenbrenner Bass (CA) Green, Al Peters LaTourette Payne Becerra Green, Gene ment. Serrano Pingree (ME) Latta Pearce Berkley Gutierrez The question was taken. Sessions Price (NC) Lee (CA) Pelosi Berman Hanabusa Sewell Reyes The SPEAKER pro tempore. In the Levin Pence Bishop (GA) Hastings (FL) Sherman Richmond opinion of the Chair, two-thirds being Lipinski Peters Blumenauer Himes Shimkus Rothman (NJ) LoBiondo Peterson Bonamici Hinchey in the affirmative, the ayes have it. Shuler Roybal-Allard Loebsack Petri Brady (PA) Hinojosa Shuster Rush Mr. KLINE. Mr. Speaker, on that I Lofgren, Zoe Pingree (ME) Brown (FL) Hirono Simpson Sa´ nchez, Linda demand the yeas and nays. Long Pitts Butterfield Holden Sires T. Lowey Platts Capuano Holt The yeas and nays were ordered. Slaughter Sanchez, Loretta Lucas Poe (TX) Carson (IN) Honda The SPEAKER pro tempore. This is a Sarbanes Luetkemeyer Polis Smith (NE) Castor (FL) Hoyer Schakowsky 5-minute vote. Luja´ n Pompeo Smith (NJ) Chu Jackson Lee Schiff Lummis Posey Smith (TX) Clarke (MI) (TX) The vote was taken by electronic de- Schrader Lungren, Daniel Price (GA) Smith (WA) Clarke (NY) Johnson (GA) vice, and there were—yeas 410, nays 5, Scott (VA) E. Price (NC) Southerland Clay Johnson, E. B. Scott, David not voting 16, as follows: Lynch Quayle Speier Cleaver Kaptur Serrano Maloney Quigley Stearns Clyburn Kildee [Roll No. 656] Sewell Manzullo Rahall Stivers Cohen Kucinich YEAS—410 Marchant Rangel Stutzman Connolly (VA) Larsen (WA) Sherman Ackerman Coffman (CO) Gosar Marino Reed Sullivan Conyers Larson (CT) Shuler Adams Cohen Gowdy Markey Rehberg Sutton Costa Lee (CA) Sires Aderholt Cole Granger Massie Reichert Terry Costello Levin Slaughter Akin Conaway Graves (GA) Matheson Renacci Thompson (CA) Courtney Lynch Smith (WA) Alexander Connolly (VA) Graves (MO) Matsui Reyes Thompson (PA) Critz Markey Speier Altmire Conyers Green, Al McCarthy (CA) Ribble Thornberry Crowley Matsui Thompson (CA) Amodei Cooper Green, Gene McCaul Richardson Tiberi Cummings McDermott Thompson (MS) Andrews Costa Griffin (AR) McClintock Richmond Tierney Curson (MI) McGovern Tonko Austria Costello Griffith (VA) McDermott Rigell Tipton Davis (CA) Meeks Towns Baca Courtney Grimm McGovern Rivera Tonko Davis (IL) Miller (NC) Tsongas Bachmann Cravaack Guinta McHenry Roby DeGette Moore Van Hollen Towns Bachus Crawford Guthrie McIntyre Roe (TN) DeLauro Moran Ve´lazquez Tsongas Baldwin Crenshaw Gutierrez McKeon Rogers (AL) Dicks Murphy (CT) Visclosky Turner (NY) Barber Critz Hahn McKinley Rogers (KY) Dingell Nadler Waters Turner (OH) Barletta Crowley Hall McMorris Rogers (MI) Doggett Napolitano Watt Upton Barrow Cuellar Hanabusa Rodgers Rohrabacher Doyle Neal Waxman Van Hollen Barton (TX) Culberson Hanna McNerney Rooney Edwards Olver Welch Vela´ zquez Bass (CA) Cummings Harper Meehan Ros-Lehtinen Ellison Pallone Wilson (FL) Visclosky Bass (NH) Curson (MI) Harris Meeks Roskam Engel Pascrell Wittman Walberg Becerra Davis (CA) Hartzler Mica Ross (AR) Farr Pastor (AZ) Wolf Walden Benishek Davis (IL) Hastings (FL) Michaud Ross (FL) Fattah Payne Yarmuth Walz (MN) Berg DeFazio Hastings (WA) Miller (FL) Rothman (NJ) Wasserman Berkley DeGette Hayworth Miller (MI) Roybal-Allard NOT VOTING—15 Schultz Berman DeLauro Heck Miller (NC) Royce Waters Bartlett Lewis (CA) Miller, George Biggert DelBene Heinrich Miller, Gary Runyan Watt Bono Mack Lewis (GA) Paul Bilbray Denham Hensarling Miller, George Ruppersberger Waxman Burton (IN) Mack Stark Bilirakis Dent Herger Moore Rush Frank (MA) McCarthy (NY) Sutton Bishop (GA) DesJarlais Herrera Beutler Moran Ryan (OH) Webster Grijalva McCollum Woolsey Bishop (NY) Deutch Higgins Murphy (CT) Ryan (WI) Welch West b 1854 Bishop (UT) Diaz-Balart Himes Murphy (PA) Sa´ nchez, Linda Black Dicks Hinchey Myrick T. Westmoreland Ms. CLARKE of New York, Ms. Blackburn Dingell Hinojosa Nadler Sanchez, Loretta Whitfield BERKLEY, Ms. WATERS, Ms. BROWN Blumenauer Doggett Hirono Napolitano Sarbanes Wilson (FL) Wilson (SC) of Florida, Ms. KAPTUR, Messrs. Bonamici Dold Hochul Neal Scalise Bonner Donnelly (IN) Holden Neugebauer Schakowsky Wittman GENE GREEN of Texas, NEAL, Boren Doyle Holt Noem Schiff Wolf TOWNS, SCHIFF, MARKEY, SMITH of Boswell Dreier Honda Nugent Schilling Womack Washington, and AL GREEN of Texas Boustany Duffy Hoyer Nunes Schmidt Woodall Brady (PA) Duncan (SC) Huelskamp Nunnelee Schock Yarmuth changed their vote from ‘‘yea’’ to Brooks Duncan (TN) Huizenga (MI) Olson Schrader Yoder ‘‘nay.’’ Broun (GA) Edwards Hultgren Olver Schwartz Young (AK) Ms. WASSERMAN SCHULTZ and Mr. Brown (FL) Ellison Hunter Owens Schweikert Young (FL) CARNAHAN changed their vote from Buchanan Ellmers Hurt Palazzo Scott (SC) Young (IN) Bucshon Emerson Israel ‘‘nay’’ to ‘‘yea.’’ Buerkle Engel Issa NAYS—5 So (two-thirds being in the affirma- Burgess Eshoo Jackson Lee Amash Mulvaney Walsh (IL) tive) the rules were suspended and the Butterfield Farenthold (TX) Braley (IA) Thompson (MS) bill was passed. Calvert Farr Jenkins NOT VOTING—16 The result of the vote was announced Camp Fattah Johnson (GA) Campbell Fincher Johnson (IL) as above recorded. Bartlett Lewis (CA) Perlmutter Canseco Fitzpatrick Johnson (OH) Bono Mack Lewis (GA) Rokita A motion to reconsider was laid on Cantor Flake Johnson, E. B. Brady (TX) Mack Stark Capito Fleischmann Johnson, Sam the table. Burton (IN) McCarthy (NY) Woolsey Capps Fleming Jones f Frank (MA) McCollum Capuano Flores Jordan Grijalva Paul MANIILAQ ASSOCIATION Carnahan Forbes Kaptur Carney Fortenberry Keating ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE CONVEYANCE ACT Carson (IN) Foxx Kelly The SPEAKER pro tempore (during The SPEAKER pro tempore. The un- Carter Franks (AZ) Kildee Cassidy Frelinghuysen Kind the vote). There is 1 minute remaining. finished business is the question on Castor (FL) Fudge King (IA) suspending the rules and concurring in Chabot Gallegly King (NY) b 1902 the Senate amendment to the bill (H.R. Chaffetz Garamendi Kingston 443) to provide for the conveyance of Chandler Gardner Kinzinger (IL) So (two-thirds being in the affirma- Chu Garrett Kissell certain property from the United Cicilline Gerlach Kline tive) the rules were suspended and the States to the Maniilaq Association lo- Clarke (MI) Gibbs Kucinich Senate amendment was concurred in. cated in Kotzebue, Alaska. Clarke (NY) Gibson Labrador The result of the vote was announced Clay Gingrey (GA) Lamborn as above recorded. The Clerk read the title of the bill. Cleaver Gohmert Lance The SPEAKER pro tempore. The Clyburn Gonzalez Landry A motion to reconsider was laid on question is on the motion offered by Coble Goodlatte Langevin the table.

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18581 DRYWALL SAFETY ACT OF 2012 Hayworth McMorris Sa´ nchez, Linda Lewis (CA) McCollum Stark Heck Rodgers T. Lewis (GA) Mica Woolsey The SPEAKER pro tempore. The un- Heinrich McNerney Sanchez, Loretta Mack Paul finished business is the question on Herger Meehan Sarbanes McCarthy (NY) Richmond Herrera Beutler Meeks Scalise suspending the rules and concurring in ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Higgins Michaud Schakowsky the Senate amendment to the bill (H.R. Himes Miller (FL) Schiff The SPEAKER pro tempore (during 4212) to prevent the introduction into Hinchey Miller (MI) Schilling the vote). There is 1 minute remaining. commerce of unsafe drywall, to ensure Hinojosa Miller (NC) Schmidt Hirono Miller, Gary b 1910 the manufacturer of drywall is readily Schock Hochul Miller, George Schrader Messrs. JONES, MARCHANT, DUN- identifiable, to ensure that problem- Holden Moore Schwartz atic drywall removed from homes is Holt Moran Schweikert CAN of South Carolina, and BISHOP of not reused, and for other purposes. Honda Murphy (CT) Scott (SC) Utah changed their vote from ‘‘aye’’ to Hoyer Murphy (PA) Scott (VA) The Clerk read the title of the bill. ‘‘no.’’ Huelskamp Myrick Scott, Austin So (two-thirds being in the affirma- The SPEAKER pro tempore. The Huizenga (MI) Nadler Scott, David tive) the rules were suspended and the question is on the motion offered by Hultgren Napolitano Serrano Hunter Neal Senate amendment was concurred in. the gentleman from Nebraska (Mr. Sessions Hurt Neugebauer Sewell The result of the vote was announced TERRY) that the House suspend the Israel Noem Sherman Issa Nugent as above recorded. rules and concur in the Senate amend- Shimkus A motion to reconsider was laid on Jackson Lee Nunes Shuler ment. (TX) Nunnelee the table. The question was taken. Shuster Jenkins Olson Simpson PERSONAL EXPLANATION The SPEAKER pro tempore. In the Johnson (GA) Olver Sires Ms. MCCOLLUM. Mr. Speaker, this evening opinion of the Chair, two-thirds being Johnson (IL) Owens Slaughter Johnson (OH) Palazzo I inadvertently missed voting on rollcall votes in the affirmative, the ayes have it. Smith (NE) Johnson, E. B. Pallone Smith (NJ) 655, 656, and 657. RECORDED VOTE Johnson, Sam Pascrell Smith (TX) I intended to vote ‘‘no’’ on H.R. 6726. Kaptur Pastor (AZ) Smith (WA) Mr. HASTINGS of Washington. Mr. Keating Paulsen I intended to vote ‘‘yes’’ on the Senate Speier Speaker, I demand a recorded vote. Kelly Payne Amendment to H.R. 443. Stearns Kildee Pearce A recorded vote was ordered. Stivers I intended to vote ‘‘yes’’ on the Senate Kind Pelosi Sullivan Amendment to H.R. 4212. The SPEAKER pro tempore. This is a King (IA) Perlmutter Sutton 5-minute vote. King (NY) Peters f Terry Kinzinger (IL) Peterson The vote was taken by electronic de- Thompson (CA) Kissell Petri COMMUNICATION FROM THE vice, and there were—ayes 378, noes 37, Thompson (MS) Kline Pingree (ME) CLERK OF THE HOUSE Thompson (PA) not voting 16, as follows: Kucinich Pitts Thornberry The SPEAKER pro tempore laid be- Lance Platts [Roll No. 657] Tiberi Langevin Polis fore the House the following commu- AYES—378 Lankford Posey Tierney nication from the Clerk of the House of Tipton Ackerman Carnahan Dreier Larsen (WA) Price (NC) Representatives: Adams Carney Duffy Larson (CT) Quigley Tonko Aderholt Carson (IN) Duncan (TN) Latham Rahall Towns OFFICE OF THE CLERK, Akin Carter Edwards LaTourette Rangel Tsongas HOUSE OF REPRESENTATIVES, Alexander Cassidy Ellison Latta Rehberg Turner (NY) Washington, DC, January 1, 2013. Turner (OH) Altmire Castor (FL) Ellmers Lee (CA) Reichert Hon. JOHN A. BOEHNER, Amodei Chabot Emerson Levin Renacci Upton Van Hollen The Speaker, House of Representatives, Wash- Andrews Chandler Engel Lipinski Reyes ington, DC. Austria Chu Eshoo LoBiondo Ribble Vela´ zquez DEAR MR. SPEAKER: Pursuant to the per- Baca Cicilline Farenthold Loebsack Richardson Visclosky Bachus Clarke (MI) Farr Lofgren, Zoe Rigell Walberg mission granted in Clause 2(h) of Rule II of Baldwin Clarke (NY) Fattah Long Rivera Walden the Rules of the U.S. House of Representa- Barber Clay Fincher Lowey Roby Walz (MN) tives, the Clerk received the following mes- Barletta Cleaver Fitzpatrick Lucas Roe (TN) Wasserman sage from the Secretary of the Senate on Barrow Clyburn Fleischmann Luetkemeyer Rogers (AL) Schultz January 1, 2013 at 6:17 p.m.: Barton (TX) Coble Fleming Luja´ n Rogers (KY) Waters That the Senate passed without amend- Bass (CA) Coffman (CO) Flores Lungren, Daniel Rogers (MI) Watt Waxman ment H.R. 4365. Bass (NH) Cohen Forbes E. Rohrabacher That the Senate agreed to without amend- Becerra Cole Fortenberry Lynch Rokita Webster Benishek Conaway Foxx Maloney Rooney Welch ment H. Con. Res. 147. Berg Connolly (VA) Franks (AZ) Manzullo Ros-Lehtinen West With best wishes, I am Berkley Conyers Frelinghuysen Marino Roskam Whitfield Sincerely, Berman Cooper Fudge Markey Ross (AR) Wilson (FL) KAREN L. HAAS. Biggert Costa Gallegly Matheson Ross (FL) Wilson (SC) f Bilbray Costello Garamendi Matsui Rothman (NJ) Wittman Bilirakis Courtney Garrett McCaul Roybal-Allard Wolf RECESS Bishop (GA) Cravaack Gerlach McDermott Royce Womack Bishop (NY) Crawford Gibbs McGovern Runyan Yarmuth The SPEAKER pro tempore. Pursu- Black Crenshaw Gibson McHenry Ruppersberger Yoder ant to clause 12(a) of rule I, the Chair Blackburn Critz Gingrey (GA) McIntyre Rush Young (AK) declares the House in recess subject to Blumenauer Crowley Gonzalez McKeon Ryan (OH) Young (FL) Bonamici Cuellar Gosar McKinley Ryan (WI) Young (IN) the call of the Chair. Bonner Culberson Gowdy Accordingly (at 7 o’clock and 15 min- Boren Cummings Granger NOES—37 utes p.m.), the House stood in recess. Boswell Curson (MI) Graves (MO) Amash Jones Poe (TX) Boustany Davis (CA) Green, Al f Bishop (UT) Jordan Pompeo Brady (PA) Davis (IL) Green, Gene Broun (GA) Kingston b 2039 Brady (TX) DeFazio Griffin (AR) Price (GA) Buerkle Labrador Braley (IA) DeGette Griffith (VA) Quayle Campbell Lamborn AFTER RECESS Brooks DeLauro Grimm Reed Chaffetz Landry Brown (FL) DelBene Guinta Sensenbrenner The recess having expired, the House Duncan (SC) Lummis Buchanan Denham Guthrie Southerland was called to order by the Speaker pro Flake Marchant Bucshon Dent Gutierrez Stutzman Gardner Massie tempore (Mr. QUAYLE) at 8 o’clock and Burgess DesJarlais Hahn Walsh (IL) Gohmert McCarthy (CA) Butterfield Deutch Hall Westmoreland 39 minutes p.m. Goodlatte McClintock Calvert Diaz-Balart Hanabusa Woodall Graves (GA) Mulvaney f Camp Dicks Hanna Hensarling Pence Canseco Dingell Harper AMERICAN TAXPAYER RELIEF Cantor Doggett Harris ACT OF 2012 Capito Dold Hartzler NOT VOTING—16 Capps Donnelly (IN) Hastings (FL) Bachmann Bono Mack Frank (MA) Mr. DREIER, from the Committee on Capuano Doyle Hastings (WA) Bartlett Burton (IN) Grijalva Rules, submitted a privileged report

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18582 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 (Rept. No. 112–741) on the resolution (H. we are addressing this right up to the meaningful reform in a number of Res. 844) providing for consideration of deadline. these areas. It’s truly unfortunate that the bill (H.R. 8) to extend certain tax But I can remember, as I know col- our friends in the other body have not relief provisions enacted in 2001 and leagues of mine on both sides of the engaged, thus far, in these efforts. But, 2003, and to provide for expedited con- aisle can recall, there have been many Mr. Speaker, the legislation that is be- sideration of a bill providing for com- deadlines that have approached, and fore us, which again, as we all know, prehensive tax reform, and for other it’s a fact of life when you have dead- passed at 2 o’clock this morning, ear- purposes, which was referred to the lines. lier today in the Senate, will avert the House Calendar and ordered to be I can recall very well, in school I had economic crisis and set the stage for printed. a great international relations pro- the very hard work that must be done Mr. DREIER. Mr. Speaker, by direc- fessor in college, and at the beginning in the coming weeks. tion of the Committee on Rules, I call of the class he would give us these geo- Now, Mr. Speaker Pro Tem, you and up House Resolution 844 and ask for its graphic spots around the world. Back I won’t be here for that work to take immediate consideration. then, we didn’t have Google and we had place, but I know that you share my The Clerk read the resolution, as fol- to spend time finding these very, very view that our colleagues have a unique lows: obscure spots. And almost every time, opportunity, as the 113th Congress be- H. RES. 844 when did we do it? Just as we were ap- gins its work at noon on Thursday, to Resolved, That upon the adoption of this proaching that deadline. And Professor take on this challenge. And I’m one resolution it shall be in order to take from Rood understood that extraordinarily who actually believes that we have a the Speaker’s table the bill (H.R. 8) to extend well, and he laughed as we were strug- unique opportunity because of the fact certain tax relief provisions enacted in 2001 gling at the end to do that. that there is divided government, be- and 2003, and to provide for expedited consid- Similarly, this notion of approaching cause we have a President of one party eration of a bill providing for comprehensive a deadline and trying to deal with an tax reform, and for other puropses, with the who regularly talks about the need for Senate amendments thereto, and to consider issue is something that happens in this this kind of reform—and I congratulate in the House, without intervention of any institution, and this is another exam- him for that—and we have a House of point of order, a single motion offered by the ple where that’s the case. Representatives, the people’s House, chair of the Committee on Ways and Means The issues that we are attempting to the body that, under article I, section 7 or his designee that the House concur in the address tonight with this vote are as of the U.S. Constitution, has the re- Senate amendments. The Senate amend- important as they are challenging. The sponsibility of dealing with tax issues, ments and the motion shall be considered as range of ideas that have been proposed that this body is of the other party, our read. The motion shall be debatable for one as solutions are as disparate as they hour equally divided and controlled by the party, Mr. Speaker. chair and ranking minority member of the are numerous. This body, like our Na- In light of that, I think that, since Committee on Ways and Means. The previous tion, has been deeply divided over how there is a consensus on the need to question shall be considered as ordered on to proceed. tackle these issues, it can be done in a the motion to its adoption without inter- Under these circumstances, an agree- bipartisan way. I hope very much that vening motion or demand for division of the ment has been extraordinarily elusive. that will happen. question. We all know that. The bill before us is The way for us to take that first step The SPEAKER pro tempore. The gen- not the grand bargain that I, and I is, of course, to pass this rule with tleman from California is recognized think most of my colleagues, had what I am confident will be bipartisan for 1 hour. hoped that we would have been able to support. And I appreciate the very kind Mr. DREIER. Mr. Speaker, I am achieve. But what we’re doing this words of the distinguished ranking happy to yield the customary 30 min- evening, Mr. Speaker, is a very essen- member, my friend from Rochester, utes to my very good friend from Roch- tial bridge to what I hope will be a Ms. SLAUGHTER, upstairs in supporting ester, New York, the distinguished comprehensive, long-term solution. this effort that we have. And then at ranking member of the Committee on Mr. Speaker, it will bring us back the end of the day, once we go into the Rules, Ms. SLAUGHTER, pending which I from the edge of the fiscal cliff. And I debate on concurring in the Senate yield myself such time as I may con- know, just hours ago, at midnight, we amendment, which is what this rule sume. All time that I will be yielding did, technically, go over that bridge, will call for us to do, that we’ll again will be for debate purposes only. but we are working hard to pull our- have strong bipartisan support for that Mr. Speaker, the measure before us selves back from that cliff. We went measure. and the process that brought us here over the cliff and we’re pulling our- With that, Mr. Speaker, at this junc- has been the source of a great deal of selves back, and we are ensuring that ture, I reserve the balance of my time. understandable consternation. Vir- taxes are not increased on 99 percent of Ms. SLAUGHTER. Mr. Speaker, I tually no one believes that what we our fellow Americans. certainly thank my colleague for yield- have before us tonight is a long-term I know that I’m not alone when I say ing me the customary 30 minutes and solution to this problem, and most that I had high hopes for a package of yield myself such time as I may con- have bemoaned the fact that we have sweeping tax reform, and something sume. stretched the far reaches of our dead- that I think has to be acknowledged, Mr. Speaker, I want to begin by say- line to actually get here. and I’m very saddened that it’s not in- ing to my colleague, Mr. DREIER, we’ve Now, I’m privileged to be in my cluded in here, but entitlement reform. served together here for many years on fourth decade as a Member of this We all know, and you know very well, the Rules Committee. I think that his body. And it’s true, I don’t believe that Mr. Speaker, that entitlement reform knowledge of both the Rules Com- in those decades I’ve ever actually is the only way that we are going to mittee and its functions and the rules spent New Year’s Eve and/or New successfully get our arms around this of the House are unsurpassed, and I Year’s Day in this building, but work- massive 16—now I guess it’s $16.25 tril- think he will be very greatly missed. ing up to a deadline is hardly unprece- lion national debt that is there. As dented in this institution. Willie Sutton said, he robbed banks be- b 2050 As we all know, H.R. 8, we are con- cause that’s where the money is. We I want to wish him the very best in curring in the Senate amendment with know that entitlement reform is going his new endeavors in the rest of his this rule, but H.R. 8 passed last August to be essential if we are going to be life. Nothing but happiness and joy. 1, went over to the other body, and it able to get our fiscal house in order, And thank you. I feel I’ve learned a passed by a ratio of 256–171 last August and I’m saddened that this is not part great deal from you, DAVID. Thank you 1. And it went over there and we’ve of it. for that. been waiting, so it’s now come back to We have repeatedly passed out of the Mr. Speaker, the legislation before us. It is before us, and I will say that House of Representatives meaningful, me, as my colleague said, is no great

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I yield myself such the irresponsible leadership that fordable Care Act, despite knowing full time as I may consume to first express brought us here today, and the need for well that the repeal votes would never my appreciation to my friend from the majority to come back to the bar- be signed into law because the Senate Rochester for her very generous and gaining table in good faith as our work would not do that bill. In so doing, kind remarks and to, secondly, say continues. And I share Mr. DREIER’s they took up valuable time from other that I would like to associate myself hope that from now on we will put this legislative priorities. And CBS News not necessarily with those kind re- all behind us and that this next term reports that these votes consistently marks but I would like to associate will be a bipartisan term. trying to repeal health care, Mr. myself with some of what she said. I, Let history show that the fiscal cliff Speaker, cost the American taxpayer obviously, can’t associate myself with and the dire economic consequences almost $50 million. all of those remarks, as you know, Mr. that would come with it were the delib- For over a year and a half, this type Speaker. But I will say that as we look erate creation of this House. Because of of irresponsible and unproductive gov- at our quest for a bipartisan solution hyperpartisan actions taken by the erning failed to provide any solutions for this problem, I think that we have, majority, the body has pushed our Na- to the American people. And coming with the action that we’re about to tion closer to a self-created economic out of the November elections, our take here, taken a very important first recession and the greatest displace- mandate was clear. The American peo- step. ment of workers that the Nation has ple demanded an end to the political I’m reminded of the fact that the au- known since 1929. theater and the dangerous legislative thor of the U.S. Constitution, James The idea behind the fiscal cliff was games. They demanded that we finally Madison, famously described the proc- that the potential for a self-inflicted get to work and solve the looming fis- ess of lawmaking as an ugly, messy, wound would force Congress to address cal cliff in a balanced, responsible, and difficult process. That’s by design, Mr. the growing deficit and debt. Yet from bipartisan way. Speaker. And it’s by design because if the beginning, the plan was flawed. In the middle of last July, all of the we look back at our Framers, they Over the last 10 years, our deficit has ranking committee members in the were fleeing the tyranny of King ballooned because of the cost of two House of Representatives sent a letter George. Why? Because that maniac was wars and massive unpaid-for tax cuts. to the Speaker asking that we begin in making unilateral decisions that Yet discussion over the cost of war— July to find a solution to the fiscal played a role in ruining the lives of his conflicts that have cost the lives of cliff and sequestration. We called for a fellow countrymen. So the Framers thousands of Americans and forever bipartisan approach and something we came forward and, in structuring our changed the face of American fami- could get finished before the August re- government with the three branches, lies—has been almost nonexistent. At cess so that we could spare the Amer- they wanted to ensure that no indi- the same time, the majority’s desire to ican people and most other people in vidual got too much power. And when protect tax cuts for millionaires and the world and financial markets the it comes to lawmaking, putting into billionaires quickly hardened into in- worry that we have put them through. place this great compromise, the Con- transigence and has led us to where we We got our answer tonight. necticut Compromise, it established a are today. Just a week ago today, it So, unfortunately, today, what we bicameral legislative structure. looked as though Congress was close to are doing here does not give the Amer- And so I was talking one time, Mr. a solution, until the House majority ican people a solution worthy of their Speaker, with the first woman—now walked away. full approval—and I’m sure we don’t there are two—but the first woman to Instead of seizing an historic oppor- have it. The legislation before us fails serve as a president of any of the 54 tunity for compromise, the majority to seriously address the deficit and countries on the continent of Africa. introduced a so-called ‘‘Plan B,’’ which debt, protects too many wealthy Amer- She gave a brilliant speech for a joint quickly morphed into Plan C before icans, and sets the Nation up for an- session of Congress. She’s the Presi- being scrapped altogether and leaving other round of high-stakes negotia- dent of Liberia, Ellen Johnson Sirleaf. us with almost no time to avert the fis- tions. However, what we do have before And I was talking to her about the leg- cal cliff. By making tax cuts for mil- us is a product that can avert the worst islative process. I was sitting in Mon- lionaires and billionaires their biggest of the fiscal cliff and begin the process rovia, Liberia, and I said to her, James priority, the majority not only endan- of balancing the budget and returning Madison, by design, said that this is to gered our economy but they led the fairness, we hope, to the Tax Code. be an ugly, messy, difficult process. House through a legislative process Under today’s legislation, millions of And I’ll never forget, Mr. Speaker, how that violated any sense of regular order Americans will be spared from a tax in- President Ellen Johnson Sirleaf looked and transparency. Indeed, as my col- crease, and valuable tax extensions for to me and said, DAVID, you’ve forgotten leagues and I sat in the Rules Com- middle-class families and students will one thing. Yes, it is an ugly, messy, mittee last week, the legislation we remain in place. In addition, today’s difficult process. But you have to add were considering was changing by the legislation extends unemployment in- the fact that it works. minute, leaving us to guess at what surance for millions of Americans And as difficult as it has been to get would actually be included in any bill struggling to find work. to this point, we need to realize that that required our vote. In closing, this legislation is far from it’s an ugly, messy, difficult process. Sadly, such dysfunctional governing perfect, and the process that has led us While this is a very small step, it’s a comes as little surprise. For the past 2 here is an utter disgrace. Yet in this first step in our quest for tax reform years, the majority has led with a toxic time of crisis we must act first and and entitlement reform which will get combination of extremism and foremost to try to protect the Amer- us back on a path towards economic hyperpartisanship that has resulted in ican economy. And today’s legislation growth and the kind of prosperity that the 112th Congress being the least pro- will do that. In the coming weeks, we we want and that the American people ductive in history. During the summer must continue the hard work of cre- deserve. And it will create a greater de- of 2011, the majority threw our Nation ating a fair Tax Code and ensuring we gree of certainty. We all know that un- into crisis when they took our econ- reduce our deficit in a balanced, re- certainty is the enemy of prosperity. omy hostage and threatened to default sponsible, and bipartisan way. And as So making permanent these tax cuts on our Nation’s debt. This dangerous we do, I urge my fellow Members to for 99 percent of the American people is

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COMMITTEES: As the senior Democratic Mem- said, and I do, again, appreciate her I think we need to make sure that we bers of the Committees of the House, we call very kind remarks. don’t raise taxes on the American peo- upon the Republican Leadership and the With that, I reserve the balance of ple. The best way to do that is by sup- Chairs of our respective committees to begin my time. porting this bill. Anybody opposing immediate negotiations with Democrats on Ms. SLAUGHTER. Mr. Speaker, I am this bill is supporting the largest tax replacing the scheduled 2013 sequester with a pleased to yield 2 minutes to the gen- increase in the history of the country. balanced deficit reduction plan. We all agree tleman from Colorado (Mr. POLIS), a I call upon my colleagues, Demo- that a sequester starting in January, 2013 is member of the Committee on Rules. not in the country’s best interest and is not cratic and Republican, to remove this the best way to assure responsible deficit re- Mr. POLIS. I want to again begin by tax burden from the middle class and acknowledging the long service of our duction. The American people want us to ensure that taxes don’t go up tomor- work together to avoid unnecessary eco- chair in the House. This could very row. I encourage my colleagues to sup- nomic uncertainty at this crucial time in well be the last time we have the op- port the rule and the bill. our recovery. Failure to reach an agreement portunity to debate here on the House Mr. DREIER. Mr. Speaker, I’d in- would have devastating consequences for our floor, and I certainly wish him well. quire of my friend how many speakers economy, small business and the middle I also want to express my gratitude she has remaining on her side. class. to the great patriotism of my col- Ms. SLAUGHTER. I believe I have The looming possibility of a January, 2013 leagues, both Democratic and Repub- three, Mr. Speaker. sequester is already creating uncertainty in lican, and particularly those in their Mr. DREIER. Three speakers. Well, I our economy. Working together and in good lame-duck period who have chosen to anxiously look forward to their re- faith, Democrats and Republicans can nego- stay around and work right up to the marks. tiate an alternative to the defense and non- With that, I reserve the balance of defense discretionary sequester as well as final hour of their contract with the the mandatory sequester for fiscal year 2013. American people—in many cases with- my time. We are confident that we can identify rev- out an office, in many cases without a Ms. SLAUGHTER. I am pleased to enue sources and prioritize investments in a home. We see them roaming the halls yield 1 minute to the gentlewoman bipartisan fashion to avoid the sequester here of the Capitol. I personally, re- from Texas (Ms. JACKSON LEE). while achieving our deficit reduction goals. gardless of how they come down on this Ms. JACKSON LEE of Texas. I’ll add We look forward to hearing from you and particular issue, applaud their patriot- my appreciation to the service of Mr. sitting down to negotiate an alternative to ism in fulfilling the will of their voters DREIER as well. the sequester. We strongly recommend that for the 112th Congress. And ask the question: Why are we this bipartisan process begin before the Au- gust recess so that the American people can What we have before us, and I think here? I know why I’m here—to protect working Americans, the vulnerable and be reassured before September 30 that the se- Members on both sides agree, certainly quester will not take effect. has some good aspects and some as- middle class. The reason why we’re in this position is because at the end of Best regards, pects that need to be approved. The Collin C. Peterson, Ranking Member, the Clinton administration we had $5 question is on what side is there more House Committee on Agriculture; Nor- trillion in surplus, and it went out the weight. I think it’s important to talk man D. Dicks, Ranking Member, House window with Bush tax cuts and wars about what this bill does and what it Committee on Appropriations; Adam that we could not pay for. Smith, Ranking Member, House Armed doesn’t do. So I stand here today to say that First, briefly, what it doesn’t do. My Services Committee; Chris Van Hollen, working class and the vulnerable will Ranking Member, House Committee on own Senator from Colorado, MICHAEL have their unemployment insurance the Budget; George Miller, Ranking BENNET, was one of the small group of and earned income tax and cuts in Member, House Committee on Edu- Senators who voted against this be- their taxes that they really need, but cation & the Workforce; Henry Wax- cause he, like myself, is an advocate of we still have work to do. I want to man, Ranking Member, House Energy a comprehensive budget solution: re- make sure that we restore some very & Commerce Committee; Linda storing fiscal integrity to our country Sa´ nchez, Ranking Member, House Com- serious cuts that impact on the health mittee on Ethics; Barney Frank, Rank- along the parameters of what the care of Americans. supercommittee attempted but failed ing Member, House Committee on Fi- We have work to do on the sequestra- nancial Services; Howard Berman, to accomplish, along the parameters of tion. Our fight is the same fight that Ranking Member, House Committee on what the Bowles-Simpson Commission, Richard Trumka has with the AFL– Foreign Affairs; Bennie G. Thompson, the Gang of Eight have attempted to CIO. We’re here to make sure that the Ranking Member, House Committee on accomplish, which we know could only working Americans, the most vulner- Homeland Security; Robert A. Brady, be accomplished in a bipartisan man- able, do not pay for the rich getting Ranking Member, House Committee on ner but is so important to the future of richer. We’re going to fight against So- Administration; John Conyers, Rank- our country to balance the budget and cial Security cuts and Medicare cuts ing Member, House Committee on the Judiciary; Edward Markey, Ranking restore the fiscal integrity. and Medicaid cuts. This bill is not that bill. However, Member, House Committee on Natural What we have to do today is to make Resources; Elijah Cummings, Ranking what this bill does is it ensures that sure that we can go forward, but we Member, House Committee on Over- the American people will not have the should not do it without the under- sight and Government Reform; Louise largest tax increase in the history of standing that there’s some restoration Slaughter, Ranking Member, House our country tomorrow: $2,000 a year work and there’s some fight work in Committee on Rules; Eddie Bernice out of the pocket of families making the sequestration. It will not be done Johnson, Ranking Member, House $80,000 a year; almost $4,000 a year out on the backs of those who cannot pay. Committee on Science, Space, & Tech- of the pocket of families making But we will work together as Ameri- nology; Nydia M. Vela´ zquez, Ranking $150,000 a year. cans to make things better. That is Member, House Committee on Small What does that mean to families? It Business; Nick Rahall, Ranking Mem- what I hope we will see as we go for- ber, House Committee on Transpor- might be the money that helps them ward. tation & Infrastructure; Bob Filner, stay above water on their mortgage. It I want to thank the Senate for put- Ranking Member, House Committee on might be the money that allows their ting that bill forward that now we have Veterans’ Affairs; Sander Levin, Rank- child to attend college. to address. ing Member, House Committee on

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Ways and Means; C.A. Dutch Ruppers- think to Leader MCCONNELL in the Sen- and announced that I was leaving Con- berger, Ranking Member, Permanent ate, and certainly to our Vice Presi- gress. And when I did that, I said that Select Committee on Intelligence. dent, JOE BIDEN, and to the leadership this institution is as great as it has I am happy to yield 1 minute to the of NANCY PELOSI, STENY HOYER, and ever been. The reason I said that is gentlewoman from Ohio (Ms. KAPTUR). JIM CLYBURN over on our side. I know that Congress is a reflection of the peo- Ms. KAPTUR. I thank the ranking that our Republican friends have had a ple; and it means that when America is member for yielding. tussle here, but our tip of the hat to divided, Congress is divided. That Tonight, the American people’s hopes you as well, and certainly to my friend, doesn’t mean that we, as leaders, Mr. are for this Congress to pass a bipar- DAVID DREIER, who is in his ending Speaker, can’t work to bridge this di- tisan bill to meet our Nation’s finan- time as chairman of the Rules Com- vide. cial obligations to give some certainty mittee. Good luck, my friend. While political division is a current to our financial markets and to keep Ms. SLAUGHTER. Mr. Speaker, I’m reality, it is not our fate. I believe our economy growing through new job pleased to yield 1 minute to the gen- that, as an institution, Congress can creation. This is a great victory for the tleman from Tennessee (Mr. COHEN). and must forge new consensus and re- middle class whose taxes will not go up Mr. COHEN. I appreciate the mo- store hope and optimism for future tomorrow. ment. generations. Optimism, Mr. Speaker, as In places like Ohio, what does it This has been a very interesting cou- you know very well, is what we, as mean? It means doctors who treat ple of days, ones that I would normally Americans, are all about. And I’ve got Medicare patients are going to receive have spent with friends in Memphis, to tell you, Mr. Speaker, that that op- fair reimbursement and those seniors drinking champagne and looking for- won’t be turned away. It means that timism has been validated again and ward to the new year. again and again. Actually, there are unemployment compensation will be It’s been an honor serving with you, extended to the unemployed, who re- positive signs. While it gets very little Mr. DREIER. You are an outstanding attention, we have come together to main in places like Norwalk, Ohio, and Member, as Ms. SLAUGHTER said. There Lima and Medina and Elyria, people craft solutions. are lots of people in the other aisle— The issue that I’ve been involved in who haven’t gone back to work yet in Mr. COBLE behind you—fine Repub- that, frankly, has been the most uni- manufacturing centers across States licans whom I’m friends with and think like Ohio. fying issue around here for us has been the world of, but I’m just happy this the trade issue. A year ago, Democrats This House surely should follow the day has ended the way it is, kind of a lead of the Senate, which passed this and Republicans came together and Tiny Tim world. It’s just good the way bill by 89–8 last night. This is the time passed our long pending—they’d been it ended up. Somehow or another, for the House to act. I rise in strong pending for over half a decade—our free whether it be the fates or Speaker support of the rule and strong support trade agreements with Colombia, Pan- BOEHNER’s abilities to work things of the bill. Let’s do what the American ama and South Korea with strong bi- from magic, we’re going to end up not people have been waiting for for partisan votes. Additionally, Mr. falling off the fiscal cliff, and I think months. Speaker, our very first action following that’s wonderful. GENERAL LEAVE November’s very, very deeply polar- So I thank Ms. SLAUGHTER for the Mr. DREIER. Mr. Speaker, I’d like to izing election was to join together to time, and I thank Speaker BOEHNER for strengthen our hand against Russia’s ask unanimous consent that all Mem- whatever he’s done to produce what I bers have—traditionally, I would ask outrageous actions by passing Perma- expect will be a positive result for the nent Normal Trade Relations. We did it for 5 legislative days in which to revise American people. and extend their remarks on the meas- with one of the largest bipartisan and Mr. DREIER. Mr. Speaker, I’ll con- bicameral votes that a trade bill has ure before us, but since the new Con- tinue to reserve the balance of my gress is going to be sworn in at noon on ever seen. Mr. Speaker, I would like to time. make the case that these consensus- Thursday, I ask that all the legislative Ms. SLAUGHTER. Mr. Speaker, if I driven solutions should be a model for days remaining in the 112th Congress could inform my colleague, I have no be provided for Members to revise and the 113th Congress. further requests for time and I’m pre- Today, we are proceeding with a crit- extend their remarks on this resolution pared to close if he has no further before us. ical step to avert a serious economic speakers. downturn; but this is only the begin- The SPEAKER pro tempore. Is there Mr. Speaker, failure to avert the fis- ning of the work that must be done, as objection to the request of the gen- cal cliff could lead the Nation back we all know. Ultimately, Mr. Speaker, tleman from California? into an economic recession and create we must reach an agreement that com- There was no objection. the largest displacement of workers in bines, as I said earlier, meaningful en- Mr. DREIER. With that, I reserve the the Nation’s history. The dangers are titlement reform with new revenues in balance of my time. avoidable, and it is our solemn obliga- Ms. SLAUGHTER. Mr. Speaker, I a way that puts us back on a path to- tion to avert the fiscal cliff and protect yield 1 minute to the gentleman from wards growth and prosperity. the American people. Georgia (Mr. SCOTT). If we’re going to accomplish this, we Mr. DAVID SCOTT of Georgia. La- b 2110 must work together—Republicans and dies and gentlemen of the Congress and As I said earlier, today’s legislation Democrats, Congress and the White United States of America, we stand is far from perfect; but in this time of House, the Federal Government and here today and we’re witnessing some- crisis, legislators must act. In the the States, the public sector and the thing that there has been a great hun- months to come, we will face more fis- private sector. Now, Mr. Speaker, some ger among the American people for, cal challenges and be asked to act might say that saying those things is a and that is to see, finally, Democrats again. When that time comes, I hope cliche. But, as we all know, Members and Republicans working together for that we will avoid the brinksmanship are going to have to engage in rigorous the good of the United States. We’re that we have seen to date and come to debate, and there needs to be that going to have that today. We’re going the table in good faith. If we do, I’m clash of ideas, a rigorous debate; but it to have a bill—all may not vote for it, confident that we can finish our work needs to be done in good faith and with but I think what is important here is and provide solutions for a better fu- a spirit of compromise. that this is a product of a true com- ture for America. Now, I realize that some argue that promise, with Republicans and with I yield back the balance of my time. ‘‘compromise’’ is a sign of weakness. In Democrats putting the United States Mr. DREIER. Mr. Speaker, with that, fact, one of the great strengths, Mr. of America foremost. I yield myself the balance of the time. Speaker, of our Nation’s Founders was I think we ought to have a tip of the Mr. Speaker, on the 29th of February their ability to compromise. The very hat to President Barack Obama, I of this year, I stood here in this well structure of this institution, the

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Too often, we Speaker pro tempore announced that Lowey Petri Shuster Lucas Pingree (ME) forget that while we should never—we the ayes appeared to have it. Simpson Luetkemeyer Pitts Sires should never compromise our prin- Mr. DREIER. Mr. Speaker, on that I Luja´ n Platts Slaughter ciples, we must always, Mr. Speaker, demand the yeas and nays. Lummis Poe (TX) Smith (NE) we must always be prepared to com- Lungren, Daniel Polis Smith (NJ) The yeas and nays were ordered. E. Pompeo promise in the service of our prin- Smith (TX) The vote was taken by electronic de- Lynch Price (GA) Smith (WA) ciples. vice, and there were—yeas 408, nays 10, Mack Price (NC) Southerland A couple of weeks ago, ‘‘The Econo- Maloney Quayle Speier not voting 14, as follows: Manzullo Quigley mist’’ described another example of Stearns [Roll No. 658] Marchant Rahall Stivers compromise, this one in what Justice Marino Rangel Stutzman YEAS—408 Markey Reed Brandeis described as one of the ‘‘lab- Sullivan Ackerman Coffman (CO) Granger Massie Rehberg Sutton oratories of democracy,’’ that being Adams Cohen Graves (GA) Matheson Reichert Terry the State of Georgia. The conservative Aderholt Cole Graves (MO) Matsui Renacci Thompson (CA) Akin Conaway Green, Al McCarthy (CA) Reyes Republican Governor, our former Thompson (MS) Alexander Connolly (VA) Green, Gene McCarthy (NY) Ribble House colleague, Nathan Deal, and the Thompson (PA) Altmire Cooper Griffin (AR) McCaul Richardson Thornberry liberal mayor of Atlanta, Kasim Reed, Amash Costa Griffith (VA) McClintock Richmond Tiberi are clearly at opposite ends of the po- Amodei Costello Grimm McCollum Rigell Tierney Andrews Courtney Guinta McGovern Rivera litical spectrum. Yet they have man- Tipton Austria Cravaack Guthrie McHenry Roby aged to bridge that divide through a Baca Crawford Gutierrez McIntyre Roe (TN) Tonko commitment to results. Mr. Speaker, Bachmann Crenshaw Hahn McKeon Rogers (AL) Towns Bachus Critz Hall McKinley Rogers (KY) Tsongas together, they have achieved signifi- Turner (NY) cant gains for the good of Georgia. Baldwin Crowley Hanabusa McMorris Rogers (MI) Barber Cuellar Hanna Rodgers Rohrabacher Turner (OH) Mr. Speaker, Congress and the White Barletta Culberson Harper McNerney Rokita Upton House are perfectly capable of fol- Bartlett Cummings Harris Meehan Rooney Van Hollen Vela´ zquez lowing that same model for the good of Barton (TX) Curson (MI) Hartzler Meeks Ros-Lehtinen Bass (CA) Davis (CA) Hastings (FL) Mica Roskam Walberg our country. Americans may be politi- Becerra Davis (IL) Hastings (WA) Michaud Ross (AR) Walden cally divided, but they are united in Benishek DeGette Hayworth Miller (FL) Ross (FL) Walsh (IL) their desire to see their leaders in Berg DeLauro Heck Miller (MI) Rothman (NJ) Walz (MN) Berkley DelBene Heinrich Miller (NC) Roybal-Allard Wasserman Washington achieve results. Berman Denham Hensarling Miller, Gary Royce Schultz Now, Mr. Speaker, we know it’s far Biggert Dent Herger Miller, George Runyan Waters from perfect, but I hope that this bi- Bilbray DesJarlais Herrera Beutler Moore Ruppersberger Watt Bilirakis Deutch Higgins Mulvaney Rush Waxman partisan agreement can lay the founda- Bishop (GA) Diaz-Balart Himes Murphy (CT) Ryan (OH) Webster tion for continued work to address the Bishop (NY) Dicks Hinchey Murphy (PA) Ryan (WI) Welch tremendous challenges that we face as Bishop (UT) Dingell Hinojosa Myrick Sa´ nchez, Linda West a Nation. Millions of Americans are Black Doggett Hochul Nadler T. Westmoreland Blackburn Dold Holden Napolitano Sanchez, Loretta Wilson (FL) out of work. The national debt as a Boehner Donnelly (IN) Holt Neal Sarbanes Wilson (SC) percentage of gross domestic product is Bonamici Doyle Honda Neugebauer Scalise Wittman too high. Upheaval exists in nearly Bonner Dreier Hoyer Noem Schakowsky Wolf Bono Mack Duffy Huelskamp Nugent Schiff Womack every region across the globe. Edu- Boren Duncan (SC) Huizenga (MI) Nunes Schilling Woodall cation and immigration reform must Boswell Duncan (TN) Hultgren Olson Schock Yarmuth happen. The potential for a crippling Boustany Edwards Hunter Olver Schrader Yoder cyberattack continues to be a threat. Brady (PA) Ellison Hurt Owens Schwartz Young (AK) Brady (TX) Ellmers Israel Palazzo Schweikert Young (FL) Climate change is a fact of life. And Braley (IA) Emerson Issa Pallone Scott (SC) Young (IN) most recently, Mr. Speaker, our fami- Brooks Engel Jackson Lee NAYS—10 lies are reeling from the tragedy of Broun (GA) Eshoo (TX) Newtown. They’re asking how we can Brown (FL) Farenthold Jenkins Barrow Moran Scott (VA) Buchanan Farr Johnson (GA) Blumenauer Peterson Visclosky prevent it from ever happening again Bucshon Fattah Johnson (IL) DeFazio Posey and how we can keep guns from getting Buerkle Fincher Johnson (OH) McDermott Schmidt into the hands of dangerous people. Burgess Fitzpatrick Johnson, E. B. Butterfield Flake Johnson, Sam NOT VOTING—14 These are the great challenges to Calvert Fleischmann Jones Bass (NH) Grijalva Paul which we all must rise, for which we all Camp Fleming Jordan Burton (IN) Hirono Stark Canseco Flores Kaptur Campbell Lewis (CA) Whitfield must find real solutions. I look forward Cantor Forbes Keating Clay Lewis (GA) Woolsey to continuing to do my small part as I Capito Fortenberry Kelly Conyers Nunnelee follow the Madisonian directive and re- Capps Foxx Kildee turn to California as a private citizen. Capuano Frank (MA) Kind b 2139 Carnahan Franks (AZ) King (IA) It’s been an incredible honor, Mr. Carney Frelinghuysen King (NY) Mr. MCDERMOTT changed his vote Speaker, an incredible honor for me to Carson (IN) Fudge Kingston from ‘‘yea’’ to ‘‘nay.’’ serve in what I describe—even though Carter Gallegly Kinzinger (IL) Messrs. CHAFFETZ and RANGEL Cassidy Garamendi Kissell the Senate often takes this label—as Castor (FL) Gardner Kline changed their vote from ‘‘nay’’ to the greatest deliberative body known Chabot Garrett Kucinich ‘‘yea.’’ to man, and I consider it an amazing Chaffetz Gerlach Labrador So the resolution was agreed to. honor to be able to serve here. Chandler Gibbs Lamborn Chu Gibson Lance The result of the vote was announced Now, as I depart, and I hope that Cicilline Gingrey (GA) Landry as above recorded. there is no correlation to my depar- Clarke (MI) Gohmert Langevin A motion to reconsider was laid on ture, I believe that the United States Clarke (NY) Gonzalez Lankford the table. Cleaver Goodlatte Larsen (WA) Congress can actually be better than it Clyburn Gosar Larson (CT) Mr. CAMP. Mr. Speaker, pursuant to has ever been. Coble Gowdy Latham House Resolution 844, I call up the bill

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18587 (H.R. 8) to extend certain tax relief Sec. 307. Extension of mine rescue team train- Sec. 405. Extension of incentives for biodiesel provisions enacted in 2001 and 2003, and ing credit. and renewable diesel. to provide for expedited consideration Sec. 308. Extension of employer wage credit for Sec. 406. Extension of production credit for In- of a bill providing for comprehensive employees who are active duty dian coal facilities placed in serv- members of the uniformed serv- ice before 2009. tax reform, and for other purposes, ices. Sec. 407. Extension and modification of credits with the Senate amendments thereto, Sec. 309. Extension of work opportunity tax with respect to facilities pro- and I have a motion at the desk. credit. ducing energy from certain renew- The Clerk read the title of the bill. Sec. 310. Extension of qualified zone academy able resources. The SPEAKER pro tempore (Mr. bonds. Sec. 408. Extension of credit for energy-efficient WOMACK). The Clerk will designate the Sec. 311. Extension of 15-year straight-line cost new homes. Senate amendments. recovery for qualified leasehold Sec. 409. Extension of credit for energy-efficient The text of the Senate amendments improvements, qualified res- appliances. Sec. 410. Extension and modification of special is as follows: taurant buildings and improve- ments, and qualified retail im- allowance for cellulosic biofuel Senate amendments: provements. plant property. Strike all after the enacting clause and in- Sec. 312. Extension of 7-year recovery period for Sec. 411. Extension of special rule for sales or sert the following: motorsports entertainment com- dispositions to implement FERC SECTION 1. SHORT TITLE, ETC. plexes. or State electric restructuring pol- (a) SHORT TITLE.—This Act may be cited as Sec. 313. Extension of accelerated depreciation icy for qualified electric utilities. the ‘‘American Taxpayer Relief Act of 2012’’. for business property on an In- Sec. 412. Extension of alternative fuels excise (b) AMENDMENT OF 1986 CODE.—Except as oth- dian reservation. tax credits. erwise expressly provided, whenever in this Act Sec. 314. Extension of enhanced charitable de- TITLE V—UNEMPLOYMENT an amendment or repeal is expressed in terms of duction for contributions of food Sec. 501. Extension of emergency unemployment an amendment to, or repeal of, a section or inventory. compensation program. other provision, the reference shall be consid- Sec. 315. Extension of increased expensing limi- Sec. 502. Temporary extension of extended ben- ered to be made to a section or other provision tations and treatment of certain efit provisions. of the Internal Revenue Code of 1986. real property as section 179 prop- Sec. 503. Extension of funding for reemploy- (c) TABLE OF CONTENTS.—The table of con- erty. ment services and reemployment tents for this Act is as follows: Sec. 316. Extension of election to expense mine and eligibility assessment activi- Sec. 1. Short title, etc. safety equipment. ties. TITLE I—GENERAL EXTENSIONS Sec. 317. Extension of special expensing rules Sec. 504. Additional extended unemployment Sec. 101. Permanent extension and modification for certain film and television pro- benefits under the Railroad Un- of 2001 tax relief. ductions. employment Insurance Act. Sec. 318. Extension of deduction allowable with Sec. 102. Permanent extension and modification TITLE VI—MEDICARE AND OTHER HEALTH respect to income attributable to of 2003 tax relief. EXTENSIONS Sec. 103. Extension of 2009 tax relief. domestic production activities in Subtitle A—Medicare Extensions Sec. 104. Permanent alternative minimum tax Puerto Rico. relief. Sec. 319. Extension of modification of tax treat- Sec. 601. Medicare physician payment update. Sec. 602. Work geographic adjustment. TITLE II—INDIVIDUAL TAX EXTENDERS ment of certain payments to con- trolling exempt organizations. Sec. 603. Payment for outpatient therapy serv- Sec. 201. Extension of deduction for certain ex- Sec. 320. Extension of treatment of certain divi- ices. penses of elementary and sec- dends of regulated investment Sec. 604. Ambulance add-on payments. ondary school teachers. companies. Sec. 605. Extension of Medicare inpatient hos- Sec. 202. Extension of exclusion from gross in- Sec. 321. Extension of RIC qualified investment pital payment adjustment for low- come of discharge of qualified entity treatment under FIRPTA. volume hospitals. principal residence indebtedness. Sec. 322. Extension of subpart F exception for Sec. 606. Extension of the Medicare-dependent Sec. 203. Extension of parity for exclusion from active financing income. hospital (MDH) program. income for employer-provided Sec. 323. Extension of look-thru treatment of Sec. 607. Extension for specialized Medicare Ad- mass transit and parking benefits. payments between related con- vantage plans for special needs Sec. 204. Extension of mortgage insurance pre- trolled foreign corporations under individuals. miums treated as qualified resi- foreign personal holding company Sec. 608. Extension of Medicare reasonable cost dence interest. rules. contracts. Sec. 205. Extension of deduction of State and Sec. 609. Performance improvement. local general sales taxes. Sec. 324. Extension of temporary exclusion of 100 percent of gain on certain Sec. 610. Extension of funding outreach and as- Sec. 206. Extension of special rule for contribu- sistance for low-income programs. tions of capital gain real property small business stock. made for conservation purposes. Sec. 325. Extension of basis adjustment to stock Subtitle B—Other Health Extensions Sec. 207. Extension of above-the-line deduction of S corporations making chari- Sec. 621. Extension of the qualifying individual for qualified tuition and related table contributions of property. (QI) program. expenses. Sec. 326. Extension of reduction in S-corpora- Sec. 622. Extension of Transitional Medical As- Sec. 208. Extension of tax-free distributions tion recognition period for built-in sistance (TMA). from individual retirement plans gains tax. Sec. 623. Extension of Medicaid and CHIP Ex- for charitable purposes. Sec. 327. Extension of empowerment zone tax press Lane option. Sec. 209. Improve and make permanent the pro- incentives. Sec. 624. Extension of family-to-family health vision authorizing the Internal Sec. 328. Extension of tax-exempt financing for information centers. Revenue Service to disclose cer- New York Liberty Zone. Sec. 625. Extension of Special Diabetes Program tain return and return informa- Sec. 329. Extension of temporary increase in for Type I diabetes and for Indi- tion to certain prison officials. limit on cover over of rum excise ans. taxes to Puerto Rico and the Vir- TITLE III—BUSINESS TAX EXTENDERS Subtitle C—Other Health Provisions gin Islands. Sec. 631. IPPS documentation and coding ad- Sec. 301. Extension and modification of re- Sec. 330. Modification and extension of Amer- justment for implementation of search credit. ican Samoa economic development MS-DRGs. Sec. 302. Extension of temporary minimum low- credit. Sec. 632. Revisions to the Medicare ESRD bun- income tax credit rate for non-fed- Sec. 331. Extension and modification of bonus dled payment system to reflect erally subsidized new buildings. depreciation. Sec. 303. Extension of housing allowance exclu- findings in the GAO report. sion for determining area median TITLE IV—ENERGY TAX EXTENDERS Sec. 633. Treatment of multiple service payment gross income for qualified residen- Sec. 401. Extension of credit for energy-efficient policies for therapy services. tial rental project exempt facility existing homes. Sec. 634. Payment for certain radiology services bonds. Sec. 402. Extension of credit for alternative fuel furnished under the Medicare Sec. 304. Extension of Indian employment tax vehicle refueling property. hospital outpatient department credit. Sec. 403. Extension of credit for 2- or 3-wheeled prospective payment system. Sec. 305. Extension of new markets tax credit. plug-in electric vehicles. Sec. 635. Adjustment of equipment utilization Sec. 306. Extension of railroad track mainte- Sec. 404. Extension and modification of cellu- rate for advanced imaging serv- nance credit. losic biofuel producer credit. ices.

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Sec. 636. Medicare payment of competitive ‘‘(2) 25-, 28-, AND 33-PERCENT RATE BRACKETS.— ‘‘(C) $250,000 in the case of an individual who prices for diabetic supplies and The tables under subsections (a), (b), (c), (d), is not married and who is not a surviving spouse elimination of overpayment for di- and (e) shall be applied— or head of household, and abetic supplies. ‘‘(A) by substituting ‘25%’ for ‘28%’ each ‘‘(D) 1⁄2 the amount applicable under subpara- Sec. 637. Medicare payment adjustment for place it appears (before the application of sub- graph (A) (after adjustment, if any, under para- non-emergency ambulance trans- paragraph (B)), graph (2)) in the case of a married individual ports for ESRD beneficiaries. ‘‘(B) by substituting ‘28%’ for ‘31%’ each filing a separate return. Sec. 638. Removing obstacles to collection of place it appears, and For purposes of this paragraph, marital status overpayments. ‘‘(C) by substituting ‘33%’ for ‘36%’ each shall be determined under section 7703. Sec. 639. Medicare advantage coding intensity place it appears.’’. ‘‘(2) INFLATION ADJUSTMENT.—In the case of adjustment. (B) 35-PERCENT RATE BRACKET.—Subsection (i) any taxable year beginning in calendar years Sec. 640. Elimination of all funding for the of section 1 is amended by redesignating para- after 2013, each of the dollar amounts under Medicare Improvement Fund. graph (3) as paragraph (4) and by inserting subparagraphs (A), (B), and (C) of paragraph Sec. 641. Rebasing of State DSH allotments. after paragraph (2) the following new para- (1) shall be shall be increased by an amount Sec. 642. Repeal of CLASS program. graph: equal to— ‘‘(3) MODIFICATIONS TO INCOME TAX BRACKETS Sec. 643. Commission on Long-Term Care. ‘‘(A) such dollar amount, multiplied by Sec. 644. Consumer Operated and Oriented Plan FOR HIGH-INCOME TAXPAYERS.— ‘‘(B) the cost-of-living adjustment determined program contingency fund. ‘‘(A) 35-PERCENT RATE BRACKET.—In the case under section 1(f)(3) for the calendar year in of taxable years beginning after December 31, TITLE VII—EXTENSION OF AGRICULTURAL which the taxable year begins, except that sec- PROGRAMS 2012— ‘‘(i) the rate of tax under subsections (a), (b), tion 1(f)(3)(B) shall be applied by substituting Sec. 701. 1-year extension of agricultural pro- (c), and (d) on a taxpayer’s taxable income in ‘2012’ for ‘1992’. grams. the highest rate bracket shall be 35 percent to If any amount after adjustment under the pre- Sec. 702. Supplemental agricultural disaster as- the extent such income does not exceed an ceding sentence is not a multiple of $50, such sistance. amount equal to the excess of— amount shall be rounded to the next lowest mul- TITLE VIII—MISCELLANEOUS PROVISIONS ‘‘(I) the applicable threshold, over tiple of $50.’’, and Sec. 801. Strategic delivery systems. ‘‘(II) the dollar amount at which such bracket (ii) by striking subsections (f) and (g). Sec. 802. No cost of living adjustment in pay of begins, and (B) PHASEOUT OF DEDUCTIONS FOR PERSONAL members of congress. ‘‘(ii) the 39.6 percent rate of tax under such EXEMPTIONS.— TITLE IX—BUDGET PROVISIONS subsections shall apply only to the taxpayer’s (i) IN GENERAL.—Paragraph (3) of section taxable income in such bracket in excess of the 151(d) is amended— Subtitle A—Modifications of Sequestration amount to which clause (i) applies. (I) by striking ‘‘the threshold amount’’ in sub- Sec. 901. Treatment of sequester. ‘‘(B) APPLICABLE THRESHOLD.—For purposes paragraphs (A) and (B) and inserting ‘‘the ap- Sec. 902. Amounts in applicable retirement of this paragraph, the term ‘applicable thresh- plicable amount in effect under section 68(b)’’, plans may be transferred to des- old’ means— (II) by striking subparagraph (C) and redesig- ignated Roth accounts without ‘‘(i) $450,000 in the case of subsection (a), nating subparagraph (D) as subparagraph (C), distribution. ‘‘(ii) $425,000 in the case of subsection (b), and Subtitle B—Budgetary Effects ‘‘(iii) $400,000 in the case of subsection (c), (III) by striking subparagraphs (E) and (F). Sec. 911. Budgetary effects. and (ii) CONFORMING AMENDMENTS.—Paragraph ‘‘(iv) 1⁄2 the amount applicable under clause (i) TITLE I—GENERAL EXTENSIONS (4) of section 151(d) is amended— (after adjustment, if any, under subparagraph (I) by striking subparagraph (B), SEC. 101. PERMANENT EXTENSION AND MODI- (C)) in the case of subsection (d). (II) by redesignating clauses (i) and (ii) of FICATION OF 2001 TAX RELIEF. ‘‘(C) INFLATION ADJUSTMENT.—For purposes of subparagraph (A) as subparagraphs (A) and (a) PERMANENT EXTENSION.— this paragraph, with respect to taxable years be- (B), respectively, and by indenting such sub- (1) IN GENERAL.—The Economic Growth and ginning in calendar years after 2013, each of the paragraphs (as so redesignated) accordingly, Tax Relief Reconciliation Act of 2001 is amended dollar amounts under clauses (i), (ii), and (iii) and by striking title IX. of subparagraph (B) shall be adjusted in the (2) CONFORMING AMENDMENT.—The Tax Re- same manner as under paragraph (1)(C)(i), ex- (III) by striking all that precedes ‘‘in a cal- lief, Unemployment Insurance Reauthorization, cept that subsection (f)(3)(B) shall be applied by endar year after 1989,’’ and inserting the fol- and Job Creation Act of 2010 is amended by substituting ‘2012’ for ‘1992’.’’. lowing: striking section 304. (2) PHASEOUT OF PERSONAL EXEMPTIONS AND ‘‘(4) INFLATION ADJUSTMENT.—In the case of (3) EFFECTIVE DATE.—The amendments made ITEMIZED DEDUCTIONS.— any taxable year beginning’’. by this subsection shall apply to taxable, plan, (A) OVERALL LIMITATION ON ITEMIZED DEDUC- (3) EFFECTIVE DATE.—The amendments made or limitation years beginning after December 31, TIONS.—Section 68 is amended— by this subsection shall apply to taxable years 2012, and estates of decedents dying, gifts made, (i) by striking subsection (b) and inserting the beginning after December 31, 2012. or generation skipping transfers after December following: (c) MODIFICATIONS OF ESTATE TAX.— 31, 2012. ‘‘(b) APPLICABLE AMOUNT.— (1) MAXIMUM ESTATE TAX RATE EQUAL TO 40 (b) APPLICATION OF INCOME TAX TO CERTAIN ‘‘(1) IN GENERAL.—For purposes of this sec- PERCENT.—The table contained in subsection (c) HIGH-INCOME TAXPAYERS.— tion, the term ‘applicable amount’ means— of section 2001, as amended by section 302(a)(2) (1) INCOME TAX RATES.— ‘‘(A) $300,000 in the case of a joint return or of the Tax Relief, Unemployment Insurance Re- (A) TREATMENT OF 25-, 28-, AND 33-PERCENT a surviving spouse (as defined in section 2(a)), authorization, and Job Creation Act of 2010, is RATE BRACKETS.—Paragraph (2) of section 1(i) is ‘‘(B) $275,000 in the case of a head of house- amended by striking ‘‘Over $500,000’’ and all amended to read as follows: hold (as defined in section 2(b)), that follows and inserting the following:

‘‘Over $500,000 but not over $750,000 ...... $155,800, plus 37 percent of the excess of such amount over $500,000. Over $750,000 but not over $1,000,000 ...... $248,300, plus 39 percent of the excess of such amount over $750,000. Over $1,000,000 ...... $345,800, plus 40 percent of the excess of such amount over $1,000,000.’’.

(2) TECHNICAL CORRECTION.—Clause (i) of sec- SEC. 102. PERMANENT EXTENSION AND MODI- amount on which a tax is determined under sub- tion 2010(c)(4)(B) is amended by striking ‘‘basic FICATION OF 2003 TAX RELIEF. paragraph (B), or (a) PERMANENT EXTENSION.—The Jobs and exclusion amount’’ and inserting ‘‘applicable ‘‘(ii) the excess of— exclusion amount’’. Growth Tax Relief Reconciliation Act of 2003 is amended by striking section 303. ‘‘(I) the amount of taxable income which (3) EFFECTIVE DATES.— (b) 20-PERCENT CAPITAL GAINS RATE FOR CER- would (without regard to this paragraph) be (A) IN GENERAL.—Except as otherwise pro- TAIN HIGH INCOME INDIVIDUALS.— taxed at a rate below 39.6 percent, over vided by in this paragraph, the amendments (1) IN GENERAL.—Paragraph (1) of section 1(h) ‘‘(II) the sum of the amounts on which a tax made by this subsection shall apply to estates of is amended by striking subparagraph (C), by re- is determined under subparagraphs (A) and (B), decedents dying, generation-skipping transfers, designating subparagraphs (D) and (E) as sub- and gifts made, after December 31, 2012. paragraphs (E) and (F) and by inserting after ‘‘(D) 20 percent of the adjusted net capital (B) TECHNICAL CORRECTION.—The amendment subparagraph (B) the following new subpara- gain (or, if less, taxable income) in excess of the made by paragraph (2) shall take effect as if in- graphs: sum of the amounts on which tax is determined cluded in the amendments made by section 303 ‘‘(C) 15 percent of the lesser of— under subparagraphs (B) and (C),’’. of the Tax Relief, Unemployment Insurance Re- ‘‘(i) so much of the adjusted net capital gain (2) MINIMUM TAX.—Paragraph (3) of section authorization, and Job Creation Act of 2010. (or, if less, taxable income) as exceeds the 55(b) is amended by striking subparagraph (C),

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0688 Sfmt 6333 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18589 by redesignating subparagraph (D) as subpara- of such individual (or any other individual) for ‘‘(1) the taxpayer’s regular tax liability for the graph (E), and by inserting after subparagraph benefits or assistance (or the amount or extent taxable year reduced by the foreign tax credit (B) the following new subparagraphs: of benefits or assistance) under any Federal pro- allowable under section 27(a), and ‘‘(C) 15 percent of the lesser of— gram or under any State or local program fi- ‘‘(2) the tax imposed by section 55(a) for the ‘‘(i) so much of the adjusted net capital gain nanced in whole or in part with Federal taxable year.’’. (or, if less, taxable excess) as exceeds the funds.’’. (2) CONFORMING AMENDMENTS.— amount on which tax is determined under sub- (e) EFFECTIVE DATES.— (A) ADOPTION CREDIT.— paragraph (B), or (1) IN GENERAL.—Except as provided in para- (i) Section 23(b) is amended by striking para- ‘‘(ii) the excess described in section graph (2), the amendments made by this section graph (4). 1(h)(1)(C)(ii), plus shall apply to taxable years beginning after De- (ii) Section 23(c) is amended by striking para- ‘‘(D) 20 percent of the adjusted net capital cember 31, 2012. graphs (1) and (2) and inserting the following: gain (or, if less, taxable excess) in excess of the (2) RULE REGARDING DISREGARD OF REFUNDS.— ‘‘(1) IN GENERAL.—If the credit allowable sum of the amounts on which tax is determined The amendment made by subsection (d) shall under subsection (a) for any taxable year ex- under subparagraphs (B) and (C), plus’’. apply to amounts received after December 31, ceeds the limitation imposed by section 26(a) for (c) CONFORMING AMENDMENTS.— 2012. such taxable year reduced by the sum of the (1) The following provisions are each amended SEC. 104. PERMANENT ALTERNATIVE MINIMUM credits allowable under this subpart (other than by striking ‘‘15 percent’’ and inserting ‘‘20 per- TAX RELIEF. this section and sections 25D and 1400C), such cent’’: (a) 2012 EXEMPTION AMOUNTS MADE PERMA- excess shall be carried to the succeeding taxable (A) Section 531. NENT.— year and added to the credit allowable under (B) Section 541. (1) IN GENERAL.—Paragraph (1) of section subsection (a) for such taxable year.’’. (C) Section 1445(e)(1). 55(d) is amended— (iii) Section 23(c) is amended by redesignating (D) The second sentence of section (A) by striking ‘‘$45,000’’ and all that follows paragraph (3) as paragraph (2). 7518(g)(6)(A). through ‘‘2011)’’ in subparagraph (A) and in- (B) CHILD TAX CREDIT.— (E) Section 53511(f)(2) of title 46, United States serting ‘‘$78,750’’, (i) Section 24(b) is amended by striking para- Code. (B) by striking ‘‘$33,750’’ and all that follows graph (3). (2) Sections 1(h)(1)(B) and 55(b)(3)(B) are through ‘‘2011)’’ in subparagraph (B) and in- (ii) Section 24(d)(1) is amended— each amended by striking ‘‘5 percent (0 percent serting ‘‘$50,600’’, and (I) by striking ‘‘section 26(a)(2) or subsection in the case of taxable years beginning after (C) by striking ‘‘paragraph (1)(A)’’ in sub- (b)(3), as the case may be,’’ each place it ap- 2007)’’ and inserting ‘‘0 percent’’. paragraph (C) and inserting ‘‘subparagraph pears in subparagraphs (A) and (B) and insert- (3) Section 1445(e)(6) is amended by striking (A)’’. ing ‘‘section 26(a)’’, and ‘‘15 percent (20 percent in the case of taxable (b) EXEMPTION AMOUNTS INDEXED FOR INFLA- (II) by striking ‘‘section 26(a)(2) or subsection years beginning after December 31, 2010)’’ and TION.— (b)(3), as the case may be’’ in the second last inserting ‘‘20 percent’’. (1) IN GENERAL.—Subsection (d) of section 55 sentence and inserting ‘‘section 26(a)’’. (d) EFFECTIVE DATES.— is amended by adding at the end the following (C) CREDIT FOR INTEREST ON CERTAIN HOME (1) IN GENERAL.—Except as otherwise pro- new paragraph: MORTGAGES.—Section 25(e)(1)(C) is amended to vided, the amendments made by subsections (b) ‘‘(4) INFLATION ADJUSTMENT.— read as follows: and (c) shall apply to taxable years beginning ‘‘(A) IN GENERAL.—In the case of any taxable ‘‘(C) APPLICABLE TAX LIMIT.—For purposes of after December 31, 2012. year beginning in a calendar year after 2012, the this paragraph, the term ‘applicable tax limit’ (2) WITHHOLDING.—The amendments made by amounts described in subparagraph (B) shall means the limitation imposed by section 26(a) paragraphs (1)(C) and (3) of subsection (c) shall each be increased by an amount equal to— for the taxable year reduced by the sum of the apply to amounts paid on or after January 1, ‘‘(i) such dollar amount, multiplied by credits allowable under this subpart (other than ‘‘(ii) the cost-of-living adjustment determined 2013. this section and sections 23, 25D, and 1400C).’’. under section 1(f)(3) for the calendar year in SEC. 103. EXTENSION OF 2009 TAX RELIEF. (D) HOPE AND LIFETIME LEARNING CREDITS.— which the taxable year begins, determined by (a) 5-YEAR EXTENSION OF AMERICAN OPPOR- Section 25A(i) is amended— substituting ‘calendar year 2011’ for ‘calendar TUNITY TAX CREDIT.— (i) by striking paragraph (5) and by redesig- year 1992’ in subparagraph (B) thereof. (1) IN GENERAL.—Section 25A(i) is amended by nating paragraphs (6) and (7) as paragraphs (5) ‘‘(B) AMOUNTS DESCRIBED.—The amounts de- and (6), respectively, and striking ‘‘in 2009, 2010, 2011, or 2012’’ and insert- scribed in this subparagraph are— (ii) by striking ‘‘section 26(a)(2) or paragraph ing ‘‘after 2008 and before 2018’’. ‘‘(i) each of the dollar amounts contained in (5), as the case may be’’ in paragraph (5), as re- (2) TREATMENT OF POSSESSIONS.—Section subsection (b)(1)(A)(i), designated by clause (i), and inserting ‘‘section 1004(c)(1) of division B of the American Recov- ‘‘(ii) each of the dollar amounts contained in 26(a)’’. ery and Reinvestment Tax Act of 2009 is amend- paragraph (1), and ed by striking ‘‘in 2009, 2010, 2011, and 2012’’ ‘‘(iii) each of the dollar amounts in subpara- (E) SAVERS’ CREDIT.—Section 25B is amended each place it appears and inserting ‘‘after 2008 graphs (A) and (B) of paragraph (3). by striking subsection (g). ESIDENTIAL ENERGY EFFICIENT PROP and before 2018’’. ‘‘(C) ROUNDING.—Any increase determined (F) R - (b) 5-YEAR EXTENSION OF CHILD TAX CRED- under subparagraph (A) shall be rounded to the ERTY.—Section 25D(c) is amended to read as fol- IT.—Section 24(d)(4) is amended— nearest multiple of $100.’’. lows: (1) by striking ‘‘2009, 2010, 2011, AND 2012’’ in the (2) CONFORMING AMENDMENTS.— ‘‘(c) CARRYFORWARD OF UNUSED CREDIT.—If heading and inserting ‘‘FOR CERTAIN YEARS’’, (A) Clause (iii) of section 55(b)(1)(A) is amend- the credit allowable under subsection (a) ex- and ed by striking ‘‘by substituting’’ and all that ceeds the limitation imposed by section 26(a) for (2) by striking ‘‘in 2009, 2010, 2011, or 2012’’ follows through ‘‘appears.’’ and inserting ‘‘by such taxable year reduced by the sum of the and inserting ‘‘after 2008 and before 2018’’. substituting 50 percent of the dollar amount oth- credits allowable under this subpart (other than (c) 5-YEAR EXTENSION OF EARNED INCOME TAX erwise applicable under subclause (I) and sub- this section), such excess shall be carried to the CREDIT.—Section 32(b)(3) is amended— clause (II) thereof.’’. succeeding taxable year and added to the credit (1) by striking ‘‘2009, 2010, 2011, AND 2012’’ in the (B) Paragraph (3) of section 55(d) is amend- allowable under subsection (a) for such suc- heading and inserting ‘‘FOR CERTAIN YEARS’’, ed— ceeding taxable year.’’. and (i) by striking ‘‘or (2)’’ in subparagraph (A), (G) CERTAIN PLUG-IN ELECTRIC VEHICLES.— (2) by striking ‘‘in 2009, 2010, 2011, or 2012’’ (ii) by striking ‘‘and’’ at the end of subpara- Section 30(c)(2) is amended to read as follows: and inserting ‘‘after 2008 and before 2018’’. graph (B), and ‘‘(2) PERSONAL CREDIT.—For purposes of this (d) PERMANENT EXTENSION OF RULE DIS- (iii) by striking subparagraph (C) and insert- title, the credit allowed under subsection (a) for REGARDING REFUNDS IN THE ADMINISTRATION OF ing the following new subparagraphs: any taxable year (determined after application FEDERAL PROGRAMS AND FEDERALLY ASSISTED ‘‘(C) 50 percent of the dollar amount applica- of paragraph (1)) shall be treated as a credit al- PROGRAMS.—Section 6409 is amended to read as ble under subparagraph (A) in the case of a tax- lowable under subpart A for such taxable follows: payer described in subparagraph (C) or (D) of year.’’. ‘‘SEC. 6409. REFUNDS DISREGARDED IN THE AD- paragraph (1), and (H) ALTERNATIVE MOTOR VEHICLE CREDIT.— MINISTRATION OF FEDERAL PRO- ‘‘(D) $150,000 in the case of a taxpayer de- Section 30B(g)(2) is amended to read as follows: GRAMS AND FEDERALLY ASSISTED scribed in paragraph (2).’’. ‘‘(2) PERSONAL CREDIT.—For purposes of this PROGRAMS. (c) ALTERNATIVE MINIMUM TAX RELIEF FOR title, the credit allowed under subsection (a) for ‘‘Notwithstanding any other provision of law, NONREFUNDABLE CREDITS.— any taxable year (determined after application any refund (or advance payment with respect to (1) IN GENERAL.—Subsection (a) of section 26 of paragraph (1)) shall be treated as a credit al- a refundable credit) made to any individual is amended to read as follows: lowable under subpart A for such taxable under this title shall not be taken into account ‘‘(a) LIMITATION BASED ON AMOUNT OF TAX.— year.’’. as income, and shall not be taken into account The aggregate amount of credits allowed by this (I) NEW QUALIFIED PLUG-IN ELECTRIC VEHICLE as resources for a period of 12 months from re- subpart for the taxable year shall not exceed the CREDIT.—Section 30D(c)(2) is amended to read ceipt, for purposes of determining the eligibility sum of— as follows:

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‘‘(2) PERSONAL CREDIT.—For purposes of this SEC. 206. EXTENSION OF SPECIAL RULE FOR CON- may prescribe, the disclosures authorized by title, the credit allowed under subsection (a) for TRIBUTIONS OF CAPITAL GAIN REAL subparagraph (A) may be made to contractors any taxable year (determined after application PROPERTY MADE FOR CONSERVA- responsible for the operation of a Federal or of paragraph (1)) shall be treated as a credit al- TION PURPOSES. State prison on behalf of such Bureau or agen- (a) IN GENERAL.—Clause (vi) of section lowable under subpart A for such taxable cy. 170(b)(1)(E) is amended by striking ‘‘December year.’’. ‘‘(C) RESTRICTIONS ON USE OF DISCLOSED IN- 31, 2011’’ and inserting ‘‘December 31, 2013’’. (J) CROSS REFERENCES.—Section 55(c)(3) is FORMATION.—Any return or return information (b) CONTRIBUTIONS BY CERTAIN CORPORATE amended by striking ‘‘26(a), 30C(d)(2),’’ and in- received under this paragraph shall be used FARMERS AND RANCHERS.—Clause (iii) of section serting ‘‘30C(d)(2)’’. only for the purposes of and to the extent nec- 170(b)(2)(B) is amended by striking ‘‘December (K) FOREIGN TAX CREDIT.—Section 904 is essary in taking administrative action to pre- 31, 2011’’ and inserting ‘‘December 31, 2013’’. amended by striking subsection (i) and by redes- vent the filing of false and fraudulent returns, (c) EFFECTIVE DATE.—The amendments made ignating subsections (j) , (k), and (l) as sub- including administrative actions to address pos- by this section shall apply to contributions made sections (i), (j), and (k), respectively. sible violations of administrative rules and regu- in taxable years beginning after December 31, (L) FIRST-TIME HOME BUYER CREDIT FOR THE lations of the prison facility and in administra- 2011. DISTRICT OF COLUMBIA.—Section 1400C(d) is tive and judicial proceedings arising from such amended to read as follows: SEC. 207. EXTENSION OF ABOVE-THE-LINE DE- administrative actions. DUCTION FOR QUALIFIED TUITION ‘‘(D) RESTRICTIONS ON REDISCLOSURE AND DIS- ‘‘(d) CARRYFORWARD OF UNUSED CREDIT.—If AND RELATED EXPENSES. CLOSURE TO LEGAL REPRESENTATIVES.—Notwith- the credit allowable under subsection (a) ex- (a) IN GENERAL.—Subsection (e) of section 222 standing subsection (h)— ceeds the limitation imposed by section 26(a) for is amended by striking ‘‘December 31, 2011’’ and ‘‘(i) RESTRICTIONS ON REDISCLOSURE.—Except such taxable year reduced by the sum of the inserting ‘‘December 31, 2013’’. as provided in clause (ii), any officer, employee, credits allowable under subpart A of part IV of (b) EFFECTIVE DATE.—The amendment made or contractor of the Federal Bureau of Prisons subchapter A (other than this section and sec- by this section shall apply to taxable years be- or of any State agency charged with the respon- tion 25D), such excess shall be carried to the ginning after December 31, 2011. succeeding taxable year and added to the credit sibility for administration of prisons shall not SEC. 208. EXTENSION OF TAX-FREE DISTRIBU- disclose any information obtained under this allowable under subsection (a) for such taxable TIONS FROM INDIVIDUAL RETIRE- year.’’. MENT PLANS FOR CHARITABLE PUR- paragraph to any person other than an officer (d) EFFECTIVE DATE.—The amendments made POSES. or employee or contractor of such Bureau or by this section shall apply to taxable years be- (a) IN GENERAL.—Subparagraph (F) of section agency personally and directly engaged in the ginning after December 31, 2011. 408(d)(8) is amended by striking ‘‘December 31, administration of prison facilities on behalf of such Bureau or agency. TITLE II—INDIVIDUAL TAX EXTENDERS 2011’’ and inserting ‘‘December 31, 2013’’. (b) EFFECTIVE DATE; SPECIAL RULE.— ‘‘(ii) DISCLOSURE TO LEGAL REPRESENTA- SEC. 201. EXTENSION OF DEDUCTION FOR CER- (1) EFFECTIVE DATE.—The amendment made TIVES.—The returns and return information dis- TAIN EXPENSES OF ELEMENTARY closed under this paragraph may be disclosed to AND SECONDARY SCHOOL TEACH- by this section shall apply to distributions made ERS. in taxable years beginning after December 31, the duly authorized legal representative of the Federal Bureau of Prisons, State agency, or (a) IN GENERAL.—Subparagraph (D) of section 2011. contractor charged with the responsibility for 62(a)(2) is amended by striking ‘‘or 2011’’ and (2) SPECIAL RULES.—For purposes of sub- administration of prisons, or of the incarcerated inserting ‘‘2011, 2012, or 2013’’. sections (a)(6), (b)(3), and (d)(8) of section 408 of individual accused of filing the false or fraudu- (b) EFFECTIVE DATE.—The amendment made the Internal Revenue Code of 1986, at the elec- by this section shall apply to taxable years be- tion of the taxpayer (at such time and in such lent return who is a party to an action or pro- ginning after December 31, 2011. manner as prescribed by the Secretary of the ceeding described in subparagraph (C), solely in Treasury)— preparation for, or for use in, such action or SEC. 202. EXTENSION OF EXCLUSION FROM proceeding.’’. GROSS INCOME OF DISCHARGE OF (A) any qualified charitable distribution made (b) CONFORMING AMENDMENTS.— QUALIFIED PRINCIPAL RESIDENCE after December 31, 2012, and before February 1, INDEBTEDNESS. 2013, shall be deemed to have been made on De- (1) Paragraph (3) of section 6103(a) is amend- ed by inserting ‘‘subsection (k)(10),’’ after ‘‘sub- (a) IN GENERAL.—Subparagraph (E) of section cember 31, 2012, and 108(a)(1) is amended by striking ‘‘January 1, (B) any portion of a distribution from an indi- section (e)(1)(D)(iii),’’. (2) Paragraph (4) of section 6103(p) is amend- 2013’’ and inserting ‘‘January 1, 2014’’. vidual retirement account to the taxpayer after ed— FFECTIVE DATE.—The amendment made November 30, 2012, and before January 1, 2013, (b) E (A) by inserting ‘‘subsection (k)(10),’’ before by this section shall apply to indebtedness dis- may be treated as a qualified charitable dis- ‘‘subsection (l)(10),’’ in the matter preceding charged after December 31, 2012. tribution to the extent that— (i) such portion is transferred in cash after subparagraph (A), SEC. 203. EXTENSION OF PARITY FOR EXCLUSION the distribution to an organization described in (B) in subparagraph (F)(i)— FROM INCOME FOR EMPLOYER-PRO- (i) by inserting ‘‘(k)(10),’’ before ‘‘or (l)(6),’’, VIDED MASS TRANSIT AND PARKING section 408(d)(8)(B)(i) before February 1, 2013, and and BENEFITS. (ii) by inserting ‘‘subsection (k)(10) or’’ before (a) IN GENERAL.—Paragraph (2) of section (ii) such portion is part of a distribution that would meet the requirements of section 408(d)(8) ‘‘subsection (l)(10),’’, and 132(f) is amended by striking ‘‘January 1, 2012’’ (C) by inserting ‘‘subsection (k)(10) or’’ before but for the fact that the distribution was not and inserting ‘‘January 1, 2014’’. ‘‘subsection (l)(10),’’ both places it appears in transferred directly to an organization described (b) EFFECTIVE DATE.—The amendment made the matter following subparagraph (F)(iii). in section 408(d)(8)(B)(i). by this section shall apply to months after De- (3) Paragraph (2) of section 7213(a) is amend- cember 31, 2011. SEC. 209. IMPROVE AND MAKE PERMANENT THE ed by inserting ‘‘(k)(10),’’ before ‘‘(l)(6),’’. PROVISION AUTHORIZING THE IN- SEC. 204. EXTENSION OF MORTGAGE INSURANCE (c) EFFECTIVE DATE.—The amendments made TERNAL REVENUE SERVICE TO DIS- PREMIUMS TREATED AS QUALIFIED CLOSE CERTAIN RETURN AND RE- by this section shall take effect on the date of RESIDENCE INTEREST. TURN INFORMATION TO CERTAIN the enactment of this Act. (a) IN GENERAL.—Subclause (I) of section PRISON OFFICIALS. TITLE III—BUSINESS TAX EXTENDERS 163(h)(3)(E)(iv) is amended by striking ‘‘Decem- (a) IN GENERAL.—Paragraph (10) of section ber 31, 2011’’ and inserting ‘‘December 31, 2013’’. SEC. 301. EXTENSION AND MODIFICATION OF RE- 6103(k) is amended to read as follows: SEARCH CREDIT. (b) TECHNICAL AMENDMENTS.—Clause (i) of ‘‘(10) DISCLOSURE OF CERTAIN RETURNS AND (a) EXTENSION.— section 163(h)(4)(E) is amended— RETURN INFORMATION TO CERTAIN PRISON OFFI- (1) IN GENERAL.—Subparagraph (B) of section (1) by striking ‘‘Veterans Administration’’ and CIALS.— 41(h)(1) is amended by striking ‘‘December 31, inserting ‘‘Department of Veterans Affairs’’, ‘‘(A) IN GENERAL.—Under such procedures as 2011’’ and inserting ‘‘December 31, 2013’’. and the Secretary may prescribe, the Secretary may (2) CONFORMING AMENDMENT.—Subparagraph (2) by striking ‘‘Rural Housing Administra- disclose to officers and employees of the Federal (D) of section 45C(b)(1) is amended by striking tion’’ and inserting ‘‘Rural Housing Service’’. Bureau of Prisons and of any State agency ‘‘December 31, 2011’’ and inserting ‘‘December (c) EFFECTIVE DATE.—The amendments made charged with the responsibility for administra- 31, 2013’’. by this section shall apply to amounts paid or tion of prisons any returns or return informa- (b) INCLUSION OF QUALIFIED RESEARCH EX- accrued after December 31, 2011. tion with respect to individuals incarcerated in PENSES AND GROSS RECEIPTS OF AN ACQUIRED SEC. 205. EXTENSION OF DEDUCTION OF STATE Federal or State prison systems whom the Sec- PERSON.— AND LOCAL GENERAL SALES TAXES. retary has determined may have filed or facili- (1) PARTIAL INCLUSION OF PRE-ACQUISITION (a) IN GENERAL.—Subparagraph (I) of section tated the filing of a false or fraudulent return to QUALIFIED RESEARCH EXPENSES AND GROSS RE- 164(b)(5) is amended by striking ‘‘January 1, the extent that the Secretary determines that CEIPTS.—Subparagraph (A) of section 41(f)(3) is 2012’’ and inserting ‘‘January 1, 2014’’. such disclosure is necessary to permit effective amended to read as follows: (b) EFFECTIVE DATE.—The amendment made Federal tax administration. ‘‘(A) ACQUISITIONS.— by this section shall apply to taxable years be- ‘‘(B) DISCLOSURE TO CONTRACTOR-RUN PRIS- ‘‘(i) IN GENERAL.—If a person acquires the ginning after December 31, 2011. ONS.—Under such procedures as the Secretary major portion of either a trade or business or a

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EXTENSION OF INDIAN EMPLOYMENT in this paragraph referred to as the ‘acquired disposition, the amount of qualified research ex- TAX CREDIT. business’) of another person (hereinafter in this penses paid or incurred by, and the gross re- (a) IN GENERAL.—Subsection (f) of section 45A paragraph referred to as the ‘predecessor’), then ceipts of, the predecessor during the measure- is amended by striking ‘‘December 31, 2011’’ and the amount of qualified research expenses paid ment period (as defined in subparagraph (A)(vi), inserting ‘‘December 31, 2013’’. or incurred by the acquiring person during the determined by substituting ‘predecessor’ for ‘ac- (b) EFFECTIVE DATE.—The amendment made measurement period shall be increased by the quiring person’ each place it appears) shall be by this section shall apply to taxable years be- amount determined under clause (ii), and the reduced by— ginning after December 31, 2011. gross receipts of the acquiring person for such ‘‘(i) in the case of the taxable year in which SEC. 305. EXTENSION OF NEW MARKETS TAX period shall be increased by the amount deter- such disposition is made, an amount equal to CREDIT. mined under clause (iii). the product of— (a) IN GENERAL.—Subparagraph (G) of section ‘‘(ii) AMOUNT DETERMINED WITH RESPECT TO ‘‘(I) the qualified research expenses paid or 45D(f)(1) is amended by striking ‘‘2010 and 2011’’ QUALIFIED RESEARCH EXPENSES.—The amount incurred by, or gross receipts of, the predecessor and inserting ‘‘2010, 2011, 2012, and 2013’’. determined under this clause is— with respect to the acquired business during the (b) CARRYOVER OF UNUSED LIMITATION.— ‘‘(I) for purposes of applying this section for measurement period (as so defined and so deter- Paragraph (3) of section 45D(f) is amended by the taxable year in which such acquisition is mined), and striking ‘‘2016’’ and inserting ‘‘2018’’. (c) EFFECTIVE DATE.—The amendments made made, the acquisition year amount, and ‘‘(II) the number of days in the period begin- by this section shall apply to calendar years be- ‘‘(II) for purposes of applying this section for ning on the date of acquisition (as determined ginning after December 31, 2011. any taxable year after the taxable year in which for purposes of subparagraph (A)(iv)(II)) and such acquisition is made, the qualified research ending on the last day of the taxable year of the SEC. 306. EXTENSION OF RAILROAD TRACK MAIN- TENANCE CREDIT. expenses paid or incurred by the predecessor predecessor in which the disposition is made, (a) IN GENERAL.—Subsection (f) of section 45G with respect to the acquired business during the divided by the number of days in the taxable is amended by striking ‘‘January 1, 2012’’ and measurement period. year of the predecessor, and inserting ‘‘January 1, 2014’’. ‘‘(iii) AMOUNT DETERMINED WITH RESPECT TO ‘‘(ii) in the case of any taxable year ending (b) EFFECTIVE DATE.—The amendment made GROSS RECEIPTS.—The amount determined under after the taxable year in which such disposition by this section shall apply to expenditures paid this clause is the amount which would be deter- is made, the amount described in clause (i)(I).’’. or incurred in taxable years beginning after De- mined under clause (ii) if ‘the gross receipts of’ (c) AGGREGATION OF EXPENDITURES.—Para- cember 31, 2011. were substituted for ‘the qualified research ex- graph (1) of section 41(f) is amended— penses paid or incurred by’ each place it ap- (1) by striking ‘‘shall be its proportionate SEC. 307. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT. pears in clauses (ii) and (iv). shares of the qualified research expenses, basic research payments, and amounts paid or in- (a) IN GENERAL.—Subsection (e) of section 45N ‘‘(iv) ACQUISITION YEAR AMOUNT.—For pur- is amended by striking ‘‘December 31, 2011’’ and poses of clause (ii), the acquisition year amount curred to energy research consortiums, giving rise to the credit’’ in subparagraph (A)(ii) and inserting ‘‘December 31, 2013’’. is the amount equal to the product of— (b) EFFECTIVE DATE.—The amendment made ‘‘(I) the qualified research expenses paid or inserting ‘‘shall be determined on a propor- tionate basis to its share of the aggregate of the by this section shall apply to taxable years be- incurred by the predecessor with respect to the ginning after December 31, 2011. acquired business during the measurement pe- qualified research expenses, basic research pay- SEC. 308. EXTENSION OF EMPLOYER WAGE CRED- riod, and ments, and amounts paid or incurred to energy research consortiums, taken into account by IT FOR EMPLOYEES WHO ARE AC- ‘‘(II) the number of days in the period begin- TIVE DUTY MEMBERS OF THE UNI- ning on the date of the acquisition and ending such controlled group for purposes of this sec- FORMED SERVICES. on the last day of the taxable year in which the tion’’, and (a) IN GENERAL.—Subsection (f) of section 45P acquisition is made, (2) by striking ‘‘shall be its proportionate is amended by striking ‘‘December 31, 2011’’ and divided by the number of days in the acquiring shares of the qualified research expenses, basic inserting ‘‘December 31, 2013’’. person’s taxable year. research payments, and amounts paid or in- (b) EFFECTIVE DATE.—The amendment made ‘‘(v) SPECIAL RULES FOR COORDINATING TAX- curred to energy research consortiums, giving by this section shall apply to payments made ABLE YEARS.—In the case of an acquiring person rise to the credit’’ in subparagraph (B)(ii) and after December 31, 2011. and a predecessor whose taxable years do not inserting ‘‘shall be determined on a propor- SEC. 309. EXTENSION OF WORK OPPORTUNITY begin on the same date— tionate basis to its share of the aggregate of the TAX CREDIT. ‘‘(I) each reference to a taxable year in qualified research expenses, basic research pay- (a) IN GENERAL.—Subparagraph (B) of section clauses (ii) and (iv) shall refer to the appro- ments, and amounts paid or incurred to energy 51(c)(4) is amended by striking ‘‘after’’ and all priate taxable year of the acquiring person, research consortiums, taken into account by all that follows and inserting ‘‘after December 31, ‘‘(II) the qualified research expenses paid or such persons under common control for purposes 2013’’. incurred by the predecessor, and the gross re- of this section’’. (b) EFFECTIVE DATE.—The amendment made ceipts of the predecessor, during each taxable (d) EFFECTIVE DATE.— by this section shall apply to individuals who year of the predecessor any portion of which is (1) EXTENSION.—The amendments made by begin work for the employer after December 31, part of the measurement period shall be allo- subsection (a) shall apply to amounts paid or 2011. cated equally among the days of such taxable incurred after December 31, 2011. SEC. 310. EXTENSION OF QUALIFIED ZONE ACAD- year, (2) MODIFICATIONS.—The amendments made EMY BONDS. ‘‘(III) the amount of such qualified research by subsections (b) and (c) shall apply to taxable (a) IN GENERAL.—Paragraph (1) of section expenses taken into account under clauses (ii) years beginning after December 31, 2011. 54E(c) is amended by inserting ‘‘, 2012, and and (iv) with respect to a taxable year of the ac- SEC. 302. EXTENSION OF TEMPORARY MINIMUM 2013’’ after ‘‘for 2011’’. quiring person shall be equal to the total of the LOW-INCOME TAX CREDIT RATE FOR (b) EFFECTIVE DATE.—The amendments made NON-FEDERALLY SUBSIDIZED NEW by this section shall apply to obligations issued expenses attributable under subclause (II) to the BUILDINGS. days occurring during such taxable year, and after December 31, 2011. (a) IN GENERAL.—Subparagraph (A) of section ‘‘(IV) the amount of such gross receipts taken SEC. 311. EXTENSION OF 15-YEAR STRAIGHT-LINE 42(b)(2) is amended by striking ‘‘and before De- COST RECOVERY FOR QUALIFIED into account under clause (iii) with respect to a cember 31, 2013’’ and inserting ‘‘with respect to taxable year of the acquiring person shall be LEASEHOLD IMPROVEMENTS, QUALI- housing credit dollar amount allocations made FIED RESTAURANT BUILDINGS AND equal to the total of the gross receipts attrib- before January 1, 2014’’. IMPROVEMENTS, AND QUALIFIED utable under subclause (II) to the days occur- (b) EFFECTIVE DATE.—The amendment made RETAIL IMPROVEMENTS. ring during such taxable year. by this section shall take effect on the date of (a) IN GENERAL.—Clauses (iv), (v), and (ix) of ‘‘(vi) MEASUREMENT PERIOD.—For purposes of the enactment of this Act. section 168(e)(3)(E) are each amended by strik- this subparagraph, the term ‘measurement pe- SEC. 303. EXTENSION OF HOUSING ALLOWANCE ing ‘‘January 1, 2012’’ and inserting ‘‘January riod’ means, with respect to the taxable year of EXCLUSION FOR DETERMINING 1, 2014’’. the acquiring person for which the credit is de- AREA MEDIAN GROSS INCOME FOR (b) EFFECTIVE DATE.—The amendments made termined, any period of the acquiring person QUALIFIED RESIDENTIAL RENTAL by this section shall apply to property placed in preceding such taxable year which is taken into PROJECT EXEMPT FACILITY BONDS. service after December 31, 2011. account for purposes of determining the credit (a) IN GENERAL.—Subsection (b) of section SEC. 312. EXTENSION OF 7-YEAR RECOVERY PE- for such year.’’. 3005 of the Housing Assistance Tax Act of 2008 RIOD FOR MOTORSPORTS ENTER- (2) EXPENSES AND GROSS RECEIPTS OF A PREDE- is amended by striking ‘‘January 1, 2012’’ each TAINMENT COMPLEXES. CESSOR.—Subparagraph (B) of section 41(f)(3) is place it appears and inserting ‘‘January 1, (a) IN GENERAL.—Subparagraph (D) of section amended to read as follows: 2014’’. 168(i)(15) is amended by striking ‘‘December 31, ‘‘(B) DISPOSITIONS.—If the predecessor fur- (b) EFFECTIVE DATE.—The amendment made 2011’’ and inserting ‘‘December 31, 2013’’. nished to the acquiring person such information by this section shall take effect as if included in (b) EFFECTIVE DATE.—The amendment made as is necessary for the application of subpara- the enactment of section 3005 of the Housing As- by this section shall apply to property placed in graph (A), then, for purposes of applying this sistance Tax Act of 2008. service after December 31, 2011.

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SEC. 313. EXTENSION OF ACCELERATED DEPRE- (b) EFFECTIVE DATE.—The amendment made SEC. 323. EXTENSION OF LOOK-THRU TREATMENT CIATION FOR BUSINESS PROPERTY by this section shall apply to productions com- OF PAYMENTS BETWEEN RELATED ON AN INDIAN RESERVATION. mencing after December 31, 2011. CONTROLLED FOREIGN CORPORA- (a) IN GENERAL.—Paragraph (8) of section TIONS UNDER FOREIGN PERSONAL SEC. 318. EXTENSION OF DEDUCTION ALLOWABLE HOLDING COMPANY RULES. 168(j) is amended by striking ‘‘December 31, WITH RESPECT TO INCOME ATTRIB- (a) IN GENERAL.—Subparagraph (C) of section 2011’’ and inserting ‘‘December 31, 2013’’. UTABLE TO DOMESTIC PRODUCTION (b) EFFECTIVE DATE.—The amendment made ACTIVITIES IN PUERTO RICO. 954(c)(6) is amended by striking ‘‘January 1, 2012’’ and inserting ‘‘January 1, 2014’’. by this section shall apply to property placed in (a) IN GENERAL.—Subparagraph (C) of section (b) EFFECTIVE DATE.—The amendment made service after December 31, 2011. 199(d)(8) is amended— by this section shall apply to taxable years of SEC. 314. EXTENSION OF ENHANCED CHARITABLE (1) by striking ‘‘first 6 taxable years’’ and in- foreign corporations beginning after December DEDUCTION FOR CONTRIBUTIONS serting ‘‘first 8 taxable years’’, and 31, 2011, and to taxable years of United States OF FOOD INVENTORY. (2) by striking ‘‘January 1, 2012’’ and insert- shareholders with or within which such taxable (a) IN GENERAL.—Clause (iv) of section ing ‘‘January 1, 2014’’. 170(e)(3)(C) is amended by striking ‘‘December years of foreign corporations end. (b) EFFECTIVE DATE.—The amendments made 31, 2011’’ and inserting ‘‘December 31, 2013’’. SEC. 324. EXTENSION OF TEMPORARY EXCLUSION by this section shall apply to taxable years be- (b) EFFECTIVE DATE.—The amendment made OF 100 PERCENT OF GAIN ON CER- ginning after December 31, 2011. by this section shall apply to contributions made TAIN SMALL BUSINESS STOCK. after December 31, 2011. SEC. 319. EXTENSION OF MODIFICATION OF TAX (a) IN GENERAL.—Paragraph (4) of section TREATMENT OF CERTAIN PAYMENTS SEC. 315. EXTENSION OF INCREASED EXPENSING 1202(a) is amended— TO CONTROLLING EXEMPT ORGANI- (1) by striking ‘‘January 1, 2012’’ and insert- LIMITATIONS AND TREATMENT OF ZATIONS. CERTAIN REAL PROPERTY AS SEC- ing ‘‘January 1, 2014’’, and TION 179 PROPERTY. (a) IN GENERAL.—Clause (iv) of section (2) by striking ‘‘AND 2011’’ and inserting ‘‘, (a) IN GENERAL.— 512(b)(13)(E) is amended by striking ‘‘December 2011, 2012, AND 2013’’ in the heading thereof. (1) DOLLAR LIMITATION.—Section 179(b)(1) is 31, 2011’’ and inserting ‘‘December 31, 2013’’. (b) TECHNICAL AMENDMENTS.— amended— (b) EFFECTIVE DATE.—The amendment made (1) SPECIAL RULE FOR 2009 AND CERTAIN PERIOD (A) by striking ‘‘2010 or 2011,’’ in subpara- by this section shall apply to payments received IN 2010.—Paragraph (3) of section 1202(a) is graph (B) and inserting ‘‘2010, 2011, 2012, or or accrued after December 31, 2011. amended by adding at the end the following 2013, and’’, SEC. 320. EXTENSION OF TREATMENT OF CER- new flush sentence: (B) by striking subparagraph (C), TAIN DIVIDENDS OF REGULATED IN- ‘‘In the case of any stock which would be de- (C) by redesignating subparagraph (D) as sub- VESTMENT COMPANIES. scribed in the preceding sentence (but for this paragraph (C), and (a) IN GENERAL.—Paragraphs (1)(C)(v) and sentence), the acquisition date for purposes of (D) in subparagraph (C), as so redesignated, (2)(C)(v) of section 871(k) are each amended by this subsection shall be the first day on which by striking ‘‘2012’’ and inserting ‘‘2013’’. striking ‘‘December 31, 2011’’ and inserting ‘‘De- such stock was held by the taxpayer determined (2) REDUCTION IN LIMITATION.—Section cember 31, 2013’’. after the application of section 1223.’’. 179(b)(2) is amended— (b) EFFECTIVE DATE.—The amendments made (2) 100 PERCENT EXCLUSION.—Paragraph (4) of (A) by striking ‘‘2010 or 2011,’’ in subpara- by this section shall apply to taxable years be- section 1202(a) is amended by adding at the end graph (B) and inserting ‘‘2010, 2011, 2012, or ginning after December 31, 2011. the following new flush sentence: 2013, and’’, SEC. 321. EXTENSION OF RIC QUALIFIED INVEST- ‘‘In the case of any stock which would be de- (B) by striking subparagraph (C), MENT ENTITY TREATMENT UNDER scribed in the preceding sentence (but for this (C) by redesignating subparagraph (D) as sub- FIRPTA. sentence), the acquisition date for purposes of paragraph (C), and (a) IN GENERAL.—Clause (ii) of section this subsection shall be the first day on which (D) in subparagraph (C), as so redesignated, 897(h)(4)(A) is amended by striking ‘‘December such stock was held by the taxpayer determined by striking ‘‘2012’’ and inserting ‘‘2013’’. 31, 2011’’ and inserting ‘‘December 31, 2013’’. after the application of section 1223.’’. (3) CONFORMING AMENDMENT.—Subsection (b) (b) EFFECTIVE DATE.— (c) EFFECTIVE DATES.— of section 179 is amended by striking paragraph (1) IN GENERAL.—The amendment made by (1) IN GENERAL.—The amendments made by (6). subsection (a) shall take effect on January 1, subsection (a) shall apply to stock acquired (b) COMPUTER SOFTWARE.—Section 2012. Notwithstanding the preceding sentence, after December 31, 2011. 179(d)(1)(A)(ii) is amended by striking ‘‘2013’’ such amendment shall not apply with respect to (2) SUBSECTION (b)(1).—The amendment made and inserting ‘‘2014’’. the withholding requirement under section 1445 by subsection (b)(1) shall take effect as if in- (c) ELECTION.—Section 179(c)(2) is amended by of the Internal Revenue Code of 1986 for any cluded in section 1241(a) of division B of the striking ‘‘2013’’ and inserting ‘‘2014’’. payment made before the date of the enactment American Recovery and Reinvestment Act of (d) SPECIAL RULES FOR TREATMENT OF QUALI- of this Act. 2009. FIED REAL PROPERTY.— (2) AMOUNTS WITHHELD ON OR BEFORE DATE (3) SUBSECTION (b)(2).—The amendment made (1) IN GENERAL.—Section 179(f)(1) is amended OF ENACTMENT.—In the case of a regulated in- by subsection (b)(2) shall take effect as if in- by striking ‘‘2010 or 2011’’ and inserting ‘‘2010, vestment company— cluded in section 2011(a) of the Creating Small 2011, 2012, or 2013’’. (A) which makes a distribution after December Business Jobs Act of 2010. (2) CARRYOVER LIMITATION.— 31, 2011, and before the date of the enactment of SEC. 325. EXTENSION OF BASIS ADJUSTMENT TO (A) IN GENERAL.—Section 179(f)(4) is amended this Act; and STOCK OF S CORPORATIONS MAKING by striking ‘‘2011’’ each place it appears and in- (B) which would (but for the second sentence CHARITABLE CONTRIBUTIONS OF serting ‘‘2013’’. PROPERTY. of paragraph (1)) have been required to with- (B) CONFORMING AMENDMENT.—Subparagraph (a) IN GENERAL.—Paragraph (2) of section hold with respect to such distribution under sec- (C) of section 179(f)(4) is amended— 1367(a) is amended by striking ‘‘December 31, tion 1445 of such Code, (i) in the heading, by striking ‘‘2010’’ and in- 2011’’ and inserting ‘‘December 31, 2013’’. such investment company shall not be liable to serting ‘‘2010, 2011 AND 2012’’, and (b) EFFECTIVE DATE.—The amendment made any person to whom such distribution was made (ii) by adding at the end the following: ‘‘For by this section shall apply to contributions made for any amount so withheld and paid over to the last taxable year beginning in 2013, the in taxable years beginning after December 31, the Secretary of the Treasury. amount determined under subsection (b)(3)(A) 2011. SEC. 322. EXTENSION OF SUBPART F EXCEPTION for such taxable year shall be determined with- SEC. 326. EXTENSION OF REDUCTION IN S-COR- FOR ACTIVE FINANCING INCOME. out regard to this paragraph.’’. PORATION RECOGNITION PERIOD (e) EFFECTIVE DATE.—The amendments made (a) EXEMPT INSURANCE INCOME.—Paragraph FOR BUILT-IN GAINS TAX. by this section shall apply to taxable years be- (10) of section 953(e) is amended— (a) IN GENERAL.—Paragraph (7) of section ginning after December 31, 2011. (1) by striking ‘‘January 1, 2012’’ and insert- 1374(d) is amended— SEC. 316. EXTENSION OF ELECTION TO EXPENSE ing ‘‘January 1, 2014’’, and (1) by redesignating subparagraph (C) as sub- MINE SAFETY EQUIPMENT. (2) by striking ‘‘December 31, 2011’’ and insert- paragraph (D), and (a) IN GENERAL.—Subsection (g) of section ing ‘‘December 31, 2013’’. (2) by inserting after subparagraph (B) the 179E is amended by striking ‘‘December 31, 2011’’ (b) SPECIAL RULE FOR INCOME DERIVED IN THE following new subparagraph: and inserting ‘‘December 31, 2013’’. ACTIVE CONDUCT OF BANKING, FINANCING, OR ‘‘(C) SPECIAL RULE FOR 2012 AND 2013.—For (b) EFFECTIVE DATE.—The amendment made SIMILAR BUSINESSES.—Paragraph (9) of section purposes of determining the net recognized by this section shall apply to property placed in 954(h) is amended by striking ‘‘January 1, 2012’’ built-in gain for taxable years beginning in 2012 service after December 31, 2011. and inserting ‘‘January 1, 2014’’. or 2013, subparagraphs (A) and (D) shall be ap- SEC. 317. EXTENSION OF SPECIAL EXPENSING (c) EFFECTIVE DATE.—The amendments made plied by substituting ‘5-year’ for ‘10-year’.’’, RULES FOR CERTAIN FILM AND TEL- by this section shall apply to taxable years of and EVISION PRODUCTIONS. foreign corporations beginning after December (3) by adding at the end the following new (a) IN GENERAL.—Subsection (f) of section 181 31, 2011, and to taxable years of United States subparagraph: is amended by striking ‘‘December 31, 2011’’ and shareholders with or within which any such ‘‘(E) INSTALLMENT SALES.—If an S corporation inserting ‘‘December 31, 2013’’. taxable year of such foreign corporation ends. sells an asset and reports the income from the

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sale using the installment method under section ‘‘(e) QUALIFIED PRODUCTION ACTIVITIES IN- ‘‘(iii) TAXPAYERS NOT PREVIOUSLY ELECTING 453, the treatment of all payments received shall COME REQUIREMENT.—A corporation meets the ACCELERATION.—In the case of a taxpayer who be governed by the provisions of this paragraph requirement of this subsection if such corpora- neither made the election under subparagraph applicable to the taxable year in which such tion has qualified production activities income, (A) for its first taxable year ending after March sale was made.’’. as defined in subsection (c) of section 199 of the 31, 2008, nor made the election under subpara- (b) TECHNICAL AMENDMENT.—Subparagraph Internal Revenue Code of 1986, determined by graph (H)(ii) for its first taxable year ending (B) of section 1374(d)(2) is amended by inserting substituting ‘American Samoa’ for ‘the United after December 31, 2008, nor made the election ‘‘described in subparagraph (A)’’ after ‘‘, for States’ each place it appears in paragraphs (3), under subparagraph (I)(iii) for any taxable year any taxable year’’. (4), and (6) of such subsection (c), for the tax- ending after December 31, 2010— (c) EFFECTIVE DATE.—The amendments made able year.’’. ‘‘(I) the taxpayer may elect to have this para- by this section shall apply to taxable years be- (b) EXTENSION.—Subsection (d) of section 119 graph apply to its first taxable year ending after ginning after December 31, 2011. of division A of the Tax Relief and Health Care December 31, 2012, and each subsequent taxable SEC. 327. EXTENSION OF EMPOWERMENT ZONE Act of 2006 is amended by striking ‘‘shall apply’’ year, and TAX INCENTIVES. and all that follows and inserting ‘‘shall ‘‘(II) if the taxpayer makes the election under (a) IN GENERAL.—Clause (i) of section apply— subclause (I), this paragraph shall only apply to 1391(d)(1)(A) is amended by striking ‘‘December ‘‘(1) in the case of a corporation that meets eligible qualified property which is round 3 ex- 31, 2011’’ and inserting ‘‘December 31, 2013’’. the requirements of subparagraphs (A) and (B) tension property. (b) INCREASED EXCLUSION OF GAIN ON STOCK of subsection (a)(1), to the first 8 taxable years ‘‘(iv) ROUND 3 EXTENSION PROPERTY.—For OF EMPOWERMENT ZONE BUSINESSES.—Subpara- of such corporation which begin after December purposes of this subparagraph, the term ‘round graph (C) of section 1202(a)(2) is amended— 31, 2006, and before January 1, 2014, and 3 extension property’ means property which is (1) by striking ‘‘December 31, 2016’’ and insert- ‘‘(2) in the case of a corporation that does not eligible qualified property solely by reason of ing ‘‘December 31, 2018’’; and meet the requirements of subparagraphs (A) and the extension of the application of the special (2) by striking ‘‘2016’’ in the heading and in- (B) of subsection (a)(1), to the first 2 taxable allowance under paragraph (1) pursuant to the serting ‘‘2018’’. years of such corporation which begin after De- amendments made by section 331(a) of the Amer- (c) TREATMENT OF CERTAIN TERMINATION cember 31, 2011, and before January 1, 2014.’’. ican Taxpayer Relief Act of 2012 (and the appli- DATES SPECIFIED IN NOMINATIONS.—In the case (c) EFFECTIVE DATE.—The amendments made cation of such extension to this paragraph pur- of a designation of an empowerment zone the by this section shall apply to taxable years be- suant to the amendment made by section nomination for which included a termination ginning after December 31, 2011. 331(c)(1) of such Act).’’. date which is contemporaneous with the date SEC. 331. EXTENSION AND MODIFICATION OF (d) NORMALIZATION RULES AMENDMENT.— specified in subparagraph (A)(i) of section BONUS DEPRECIATION. Clause (ii) of section 168(i)(9)(A) is amended by 1391(d)(1) of the Internal Revenue Code of 1986 (a) IN GENERAL.—Paragraph (2) of section inserting ‘‘(respecting all elections made by the (as in effect before the enactment of this Act), 168(k) is amended— taxpayer under this section)’’ after ‘‘such prop- subparagraph (B) of such section shall not (1) by striking ‘‘January 1, 2014’’ in subpara- erty’’. apply with respect to such designation if, after graph (A)(iv) and inserting ‘‘January 1, 2015’’, (e) CONFORMING AMENDMENTS.— the date of the enactment of this section, the en- and (1) The heading for subsection (k) of section tity which made such nomination amends the (2) by striking ‘‘January 1, 2013’’ each place it 168 is amended by striking ‘‘JANUARY 1, 2013’’ nomination to provide for a new termination appears and inserting ‘‘January 1, 2014’’. and inserting ‘‘JANUARY 1, 2014’’. date in such manner as the Secretary of the (b) SPECIAL RULE FOR FEDERAL LONG-TERM (2) The heading for clause (ii) of section Treasury (or the Secretary’s designee) may pro- CONTRACTS.—Clause (ii) of section 460(c)(6)(B) 168(k)(2)(B) is amended by striking ‘‘PRE-JANU- vide. is amended by inserting ‘‘, or after December 31, ARY 1, 2013’’ and inserting ‘‘PRE-JANUARY 1, 2014’’. (d) EFFECTIVE DATE.—The amendments made 2012, and before January 1, 2014 (January 1, (3) Subparagraph (C) of section 168(n)(2) is by this section shall apply to periods after De- 2015, in the case of property described in section amended by striking ‘‘January 1, 2013’’ and in- cember 31, 2011. 168(k)(2)(B))’’ before the period. serting ‘‘January 1, 2014’’. SEC. 328. EXTENSION OF TAX-EXEMPT FINANCING (c) EXTENSION OF ELECTION TO ACCELERATE (4) Subparagraph (D) of section 1400L(b)(2) is FOR NEW YORK LIBERTY ZONE. THE AMT CREDIT IN LIEU OF BONUS DEPRECIA- amended by striking ‘‘January 1, 2013’’ and in- (a) IN GENERAL.—Subparagraph (D) of section TION.— serting ‘‘January 1, 2014’’. 1400L(d)(2) is amended by striking ‘‘January 1, (1) IN GENERAL.—Subclause (II) of section (5) Subparagraph (B) of section 1400N(d)(3) is 2012’’ and inserting ‘‘January 1, 2014’’. 168(k)(4)(D)(iii) is amended by striking ‘‘2013’’ amended by striking ‘‘January 1, 2013’’ and in- (b) EFFECTIVE DATE.—The amendment made and inserting ‘‘2014’’. serting ‘‘January 1, 2014’’. by this section shall apply to bonds issued after (2) ROUND 3 EXTENSION PROPERTY.—Para- (f) EFFECTIVE DATE.—The amendments made December 31, 2011. graph (4) of section 168(k) is amended by adding by this section shall apply to property placed in SEC. 329. EXTENSION OF TEMPORARY INCREASE at the end the following new subparagraph: service after December 31, 2012, in taxable years IN LIMIT ON COVER OVER OF RUM ‘‘(J) SPECIAL RULES FOR ROUND 3 EXTENSION ending after such date. EXCISE TAXES TO PUERTO RICO AND PROPERTY.— THE VIRGIN ISLANDS. ‘‘(i) IN GENERAL.—In the case of round 3 ex- TITLE IV—ENERGY TAX EXTENDERS (a) IN GENERAL.—Paragraph (1) of section tension property, this paragraph shall be ap- SEC. 401. EXTENSION OF CREDIT FOR ENERGY-EF- 7652(f) is amended by striking ‘‘January 1, 2012’’ plied without regard to— FICIENT EXISTING HOMES. and inserting ‘‘January 1, 2014’’. ‘‘(I) the limitation described in subparagraph (a) IN GENERAL.—Paragraph (2) of section (b) EFFECTIVE DATE.—The amendment made (B)(i) thereof, and 25C(g) is amended by striking ‘‘December 31, by this section shall apply to distilled spirits ‘‘(II) the business credit increase amount 2011’’ and inserting ‘‘December 31, 2013’’. brought into the United States after December under subparagraph (E)(iii) thereof. (b) EFFECTIVE DATE.—The amendment made 31, 2011. ‘‘(ii) TAXPAYERS PREVIOUSLY ELECTING ACCEL- by this section shall apply to property placed in SEC. 330. MODIFICATION AND EXTENSION OF ERATION.—In the case of a taxpayer who made service after December 31, 2011. AMERICAN SAMOA ECONOMIC DE- the election under subparagraph (A) for its first SEC. 402. EXTENSION OF CREDIT FOR ALTER- VELOPMENT CREDIT. taxable year ending after March 31, 2008, a tax- NATIVE FUEL VEHICLE REFUELING (a) MODIFICATION.— payer who made the election under subpara- PROPERTY. (1) IN GENERAL.—Subsection (a) of section 119 graph (H)(ii) for its first taxable year ending (a) IN GENERAL.—Paragraph (2) of section of division A of the Tax Relief and Health Care after December 31, 2008, or a taxpayer who made 30C(g) is amended by striking ‘‘December 31, Act of 2006 is amended by striking ‘‘if such cor- the election under subparagraph (I)(iii) for its 2011.’’ and inserting ‘‘December 31, 2013’’. poration’’ and all that follows and inserting first taxable year ending after December 31, (b) EFFECTIVE DATE.—The amendment made ‘‘if— 2010— by this section shall apply to property placed in ‘‘(1) in the case of a taxable year beginning ‘‘(I) the taxpayer may elect not to have this service after December 31, 2011. before January 1, 2012, such corporation— paragraph apply to round 3 extension property, SEC. 403. EXTENSION OF CREDIT FOR 2- OR 3- ‘‘(A) is an existing credit claimant with re- but WHEELED PLUG-IN ELECTRIC VEHI- spect to American Samoa, and ‘‘(II) if the taxpayer does not make the elec- CLES. ‘‘(B) elected the application of section 936 of tion under subclause (I), in applying this para- (a) IN GENERAL.—Section 30D is amended by the Internal Revenue Code of 1986 for its last graph to the taxpayer the bonus depreciation adding at the end the following new subsection: taxable year beginning before January 1, 2006, amount, maximum amount, and maximum in- ‘‘(g) CREDIT ALLOWED FOR 2- AND 3-WHEELED and crease amount shall be computed and applied to PLUG-IN ELECTRIC VEHICLES.— ‘‘(2) in the case of a taxable year beginning eligible qualified property which is round 3 ex- ‘‘(1) IN GENERAL.—In the case of a qualified 2- after December 31, 2011, such corporation meets tension property. or 3-wheeled plug-in electric vehicle— the requirements of subsection (e).’’. The amounts described in subclause (II) shall be ‘‘(A) there shall be allowed as a credit against (2) REQUIREMENTS.—Section 119 of division A computed separately from any amounts com- the tax imposed by this chapter for the taxable of such Act is amended by adding at the end the puted with respect to eligible qualified property year an amount equal to the sum of the applica- following new subsection: which is not round 3 extension property. ble amount with respect to each such qualified

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0688 Sfmt 6333 E:\BR12\H01JA3.000 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18594 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 2- or 3-wheeled plug-in electric vehicle placed in ‘‘(ii) any cultivated algae, cyanobacteria, or ‘‘, except that such term does not include paper service by the taxpayer during the taxable year, lemna. which is commonly recycled and which has been and ‘‘(G) SPECIAL RULES FOR ALGAE.—In the case segregated from other solid waste (as so de- ‘‘(B) the amount of the credit allowed under of fuel which is derived by, or from, feedstock fined)’’ after ‘‘(42 U.S.C. 6903)’’. subparagraph (A) shall be treated as a credit al- described in subparagraph (F)(ii) and which is (3) MODIFICATION TO DEFINITION OF QUALIFIED lowed under subsection (a). sold by the taxpayer to another person for refin- FACILITY.— ‘‘(2) APPLICABLE AMOUNT.—For purposes of ing by such other person into a fuel which meets (A) IN GENERAL.—The following provisions of paragraph (1), the applicable amount is an the requirements of subparagraph (E)(i)(II) and section 45(d), as amended by paragraph (1), are amount equal to the lesser of— the refined fuel is not excluded under subpara- each amended by striking ‘‘before January 1, ‘‘(A) 10 percent of the cost of the qualified 2- graph (E)(iii)— 2014’’ and inserting ‘‘the construction of which or 3-wheeled plug-in electric vehicle, or ‘‘(i) such sale shall be treated as described in begins before January 1, 2014’’: ‘‘(B) $2,500. subparagraph (C)(i), (i) Paragraph (1). ‘‘(3) QUALIFIED 2- OR 3-WHEELED PLUG-IN ‘‘(ii) such fuel shall be treated as meeting the (ii) Paragraph (2)(A)(i). ELECTRIC VEHICLE.—The term ‘qualified 2- or 3- requirements of subparagraph (E)(i)(II) and as (iii) Paragraph (3)(A)(i)(I). wheeled plug-in electric vehicle’ means any ve- not being excluded under subparagraph (E)(iii) (iv) Paragraph (6). hicle which— in the hands of such taxpayer, and (v) Paragraph (7). ‘‘(A) has 2 or 3 wheels, ‘‘(iii) except as provided in this subparagraph, (vi) Paragraph (9)(B). ‘‘(B) meets the requirements of subparagraphs such fuel (and any fuel derived from such fuel) (vii) Paragraph (11)(B). (A), (B), (C), (E), and (F) of subsection (d)(1) shall not be taken into account under subpara- (B) CERTAIN CLOSED-LOOP BIOMASS FACILI- (determined by substituting ‘2.5 kilowatt hours’ graph (C) with respect to the taxpayer or any TIES.—Subparagraph (A) of section 45(d)(2) is for ‘4 kilowatt hours’ in subparagraph (F)(i)), other person.’’. amended by adding at the end the following ‘‘(C) is manufactured primarily for use on (3) CONFORMING AMENDMENTS.— new flush sentence: public streets, roads, and highways, (A) Section 40, as amended by paragraph (2), ‘‘For purposes of clause (ii), a facility shall be ‘‘(D) is capable of achieving a speed of 45 is amended— treated as modified before January 1, 2014, if the miles per hour or greater, and (i) by striking ‘‘cellulosic biofuel’’ each place construction of such modification begins before ‘‘(E) is acquired after December 31, 2011, and it appears in the text thereof and inserting ‘‘sec- such date.’’. (C) CERTAIN OPEN-LOOP BIOMASS FACILITIES.— before January 1, 2014.’’. ond generation biofuel’’, (b) CONFORMING AMENDMENTS.— Clause (ii) of section 45(d)(3)(A) is amended by (ii) by striking ‘‘CELLULOSIC’’ in the headings (1) NO DOUBLE BENEFIT.—Paragraph (2) of striking ‘‘is originally placed in service’’ and in- of subsections (b)(6), (b)(6)(E), and (d)(3)(D) section 30D(f) is amended— serting ‘‘the construction of which begins’’. and inserting ‘‘SECOND GENERATION’’, and (A) by striking ‘‘new qualified plug-in electric (D) GEOTHERMAL FACILITIES.— (iii) by striking ‘‘CELLULOSIC’’ in the headings drive motor vehicle’’ and inserting ‘‘vehicle for (i) IN GENERAL.—Paragraph (4) of section of subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), which a credit is allowable under subsection 45(d) is amended by striking ‘‘and before Janu- (d)(6), and (e)(3) and inserting ‘‘SECOND GEN- (a)’’, and ary 1, 2014’’ and all that follows and inserting ERATION’’. (B) by striking ‘‘allowed under subsection ‘‘and which— (B) Clause (ii) of section 40(b)(6)(E) is amend- (a)’’ and inserting ‘‘allowed under such sub- ‘‘(A) in the case of a facility using solar en- ed by striking ‘‘Such term shall not’’ and insert- section’’. ergy, is placed in service before January 1, 2006, ing ‘‘The term ‘second generation biofuel’ shall (2) AIR QUALITY AND SAFETY STANDARDS.—Sec- or tion 30D(f)(7) is amended by striking ‘‘motor ve- not’’. ‘‘(B) in the case of a facility using geothermal hicle’’ and inserting ‘‘vehicle’’. (C) Paragraph (1) of section 4101(a) is amend- energy, the construction of which begins before ed by striking ‘‘cellulosic biofuel’’ and inserting (c) EFFECTIVE DATE.—The amendments made January 1, 2014. by this section shall apply to vehicles acquired ‘‘second generation biofuel’’. Such term shall not include any property de- after December 31, 2011. (4) EFFECTIVE DATE.—The amendments made scribed in section 48(a)(3) the basis of which is by this subsection shall apply to fuels sold or taken into account by the taxpayer for purposes SEC. 404. EXTENSION AND MODIFICATION OF used after the date of the enactment of this Act. CELLULOSIC BIOFUEL PRODUCER of determining the energy credit under section CREDIT. SEC. 405. EXTENSION OF INCENTIVES FOR BIO- 48.’’. (a) EXTENSION.— DIESEL AND RENEWABLE DIESEL. (E) INCREMENTAL HYDROPOWER PRODUC- (1) IN GENERAL.—Subparagraph (H) of section (a) CREDITS FOR BIODIESEL AND RENEWABLE TION.—Paragraph (9) of section 45(d) is amend- 40(b)(6) is amended to read as follows: DIESEL USED AS FUEL.—Subsection (g) of section ed— ‘‘(H) APPLICATION OF PARAGRAPH.— 40A is amended by striking ‘‘December 31, 2011’’ (i) by redesignating subparagraphs (A) and ‘‘(i) IN GENERAL.—This paragraph shall apply and inserting ‘‘December 31, 2013’’. (B), as amended by subparagraph (A), as with respect to qualified cellulosic biofuel pro- (b) EXCISE TAX CREDITS AND OUTLAY PAY- clauses (i) and (ii), respectively, and by moving duction after December 31, 2008, and before Jan- MENTS FOR BIODIESEL AND RENEWABLE DIESEL such clauses (as so redesignated) 2 ems to the uary 1, 2014. FUEL MIXTURES.— right, ‘‘(ii) NO CARRYOVER TO CERTAIN YEARS AFTER (1) Paragraph (6) of section 6426(c) is amended (ii) by striking ‘‘In the case of a facility’’ and EXPIRATION.—If this paragraph ceases to apply by striking ‘‘December 31, 2011’’ and inserting inserting the following: for any period by reason of clause (i), rules simi- ‘‘December 31, 2013’’. ‘‘(A) IN GENERAL.—In the case of a facility’’, lar to the rules of subsection (e)(2) shall (2) Subparagraph (B) of section 6427(e)(6) is (iii) by redesignating subparagraph (C) as apply.’’. amended by striking ‘‘December 31, 2011’’ and subparagraph (B), and (2) CONFORMING AMENDMENT.—Paragraph (2) inserting ‘‘December 31, 2013’’. (iv) by adding at the end the following new of section 40(e) is amended by striking ‘‘or sub- (c) EFFECTIVE DATE.—The amendments made subparagraph: section (b)(6)(H)’’. by this section shall apply to fuel sold or used ‘‘(C) SPECIAL RULE.—For purposes of subpara- (3) EFFECTIVE DATE.—The amendments made after December 31, 2011. graph (A)(i), an efficiency improvement or addi- by this subsection shall take effect as if included SEC. 406. EXTENSION OF PRODUCTION CREDIT tion to capacity shall be treated as placed in in section 15321(b) of the Heartland, Habitat, FOR INDIAN COAL FACILITIES service before January 1, 2014, if the construc- and Horticulture Act of 2008. PLACED IN SERVICE BEFORE 2009. tion of such improvement or addition begins be- (b) ALGAE TREATED AS A QUALIFIED FEED- (a) IN GENERAL.—Subparagraph (A) of section fore such date.’’. STOCK.— 45(e)(10) is amended by striking ‘‘7-year period’’ (b) EXTENSION OF ELECTION TO TREAT QUALI- (1) IN GENERAL.—Subclause (I) of section each place it appears and inserting ‘‘8-year pe- FIED FACILITIES AS ENERGY PROPERTY.—Sub- 40(b)(6)(E)(i) is amended to read as follows: riod’’. paragraph (C) of section 48(a)(5) is amended to ‘‘(I) is derived by, or from, qualified feed- (b) EFFECTIVE DATE.—The amendment made read as follows: stocks, and’’. by this section shall apply to coal produced ‘‘(C) QUALIFIED INVESTMENT CREDIT FACIL- (2) QUALIFIED FEEDSTOCK; SPECIAL RULES FOR after December 31, 2012. ITY.—For purposes of this paragraph, the term ALGAE.—Paragraph (6) of section 40(b) is SEC. 407. EXTENSION AND MODIFICATION OF ‘qualified investment credit facility’ means any amended by redesignating subparagraphs (F), CREDITS WITH RESPECT TO FACILI- facility— (G), and (H), as amended by this Act, as sub- TIES PRODUCING ENERGY FROM ‘‘(i) which is a qualified facility (within the paragraphs (H), (I), and (J), respectively, and CERTAIN RENEWABLE RESOURCES. meaning of section 45) described in paragraph by inserting after subparagraph (E) the fol- (a) PRODUCTION TAX CREDIT.— (1), (2), (3), (4), (6), (7), (9), or (11) of section lowing new subparagraphs: (1) EXTENSION FOR WIND FACILITIES.—Para- 45(d), ‘‘(F) QUALIFIED FEEDSTOCK.—For purposes of graph (1) of section 45(d) is amended by striking ‘‘(ii) which is placed in service after 2008 and this paragraph, the term ‘qualified feedstock’ ‘‘January 1, 2013’’ and inserting ‘‘January 1, the construction of which begins before January means— 2014’’. 1, 2014, and ‘‘(i) any lignocellulosic or hemicellulosic mat- (2) EXCLUSION OF PAPER WHICH IS COMMONLY ‘‘(iii) with respect to which— ter that is available on a renewable or recurring RECYCLED FROM DEFINITION OF MUNICIPAL SOLID ‘‘(I) no credit has been allowed under section basis, and WASTE.—Section 45(c)(6) is amended by inserting 45, and

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‘‘(II) the taxpayer makes an irrevocable elec- (2) CONFORMING AMENDMENTS.—Subsection (l) Families Act, as contained in Public Law 111–5 tion to have this paragraph apply.’’. of section 168, as amended by subsection (a), is (26 U.S.C. 3304 note), is amended— (c) TECHNICAL CORRECTIONS.— amended— (1) by striking ‘‘December 31, 2012’’ each place (1) Subparagraph (D) of section 48(a)(5) is (A) by striking ‘‘cellulosic biofuel’’ each place it appears and inserting ‘‘December 31, 2013’’; amended— it appears in the text thereof and inserting ‘‘sec- and (A) by striking ‘‘and’’ at the end of clause ond generation biofuel’’, (2) in subsection (c), by striking ‘‘June 30, (i)(II), (B) by striking paragraph (3) and redesig- 2013’’ and inserting ‘‘June 30, 2014’’. (B) by striking the period at the end of clause nating paragraphs (4) through (8) as para- (b) EXTENSION OF MATCHING FOR STATES WITH (ii) and inserting a comma, and graphs (3) through (7), respectively, NO WAITING WEEK.—Section 5 of the Unemploy- (C) by adding at the end the following new (C) by striking ‘‘CELLULOSIC’’ in the heading ment Compensation Extension Act of 2008 (Pub- clauses: of such subsection and inserting ‘‘SECOND GEN- lic Law 110–449; 26 U.S.C. 3304 note) is amended ‘‘(iii) which is constructed, reconstructed, ERATION’’, and by striking ‘‘June 30, 2013’’ and inserting ‘‘June erected, or acquired by the taxpayer, and (D) by striking ‘‘CELLULOSIC’’ in the heading 30, 2014’’. ‘‘(iv) the original use of which commences of paragraph (2) and inserting ‘‘SECOND GEN- (c) EXTENSION OF MODIFICATION OF INDICA- with the taxpayer.’’. ERATION’’. TORS UNDER THE EXTENDED BENEFIT PRO- (2) Paragraphs (1) and (2) of subsection (a) of (3) EFFECTIVE DATE.—The amendments made GRAM.—Section 203 of the Federal-State Ex- section 1603 of division B of the American Re- by this subsection shall apply to property placed tended Unemployment Compensation Act of 1970 covery and Reinvestment Act of 2009 are each in service after the date of the enactment of this (26 U.S.C. 3304 note) is amended— amended by striking ‘‘placed in service’’ and in- Act. (1) in subsection (d), by striking ‘‘December serting ‘‘originally placed in service by such SEC. 411. EXTENSION OF SPECIAL RULE FOR 31, 2012’’ and inserting ‘‘December 31, 2013’’; person’’. SALES OR DISPOSITIONS TO IMPLE- and (d) EFFECTIVE DATES.— MENT FERC OR STATE ELECTRIC RE- (1) IN GENERAL.—Except as provided in para- STRUCTURING POLICY FOR QUALI- (2) in subsection (f)(2), by striking ‘‘December graphs (2) and (3), the amendments made by FIED ELECTRIC UTILITIES. 31, 2012’’ and inserting ‘‘December 31, 2013’’. this section shall take effect on the date of the (a) IN GENERAL.—Paragraph (3) of section (d) EFFECTIVE DATE.—The amendments made enactment of this Act. 451(i) is amended by striking ‘‘January 1, 2012’’ by this section shall take effect as if included in (2) MODIFICATION TO DEFINITION OF MUNIC- and inserting ‘‘January 1, 2014’’. the enactment of the Unemployment Benefits IPAL SOLID WASTE.—The amendments made by (b) EFFECTIVE DATE.—The amendment made Extension Act of 2012 (Public Law 112–96). subsection (a)(2) shall apply to electricity pro- by this section shall apply to dispositions after SEC. 503. EXTENSION OF FUNDING FOR REEM- duced and sold after the date of the enactment December 31, 2011. PLOYMENT SERVICES AND REEM- of this Act, in taxable years ending after such SEC. 412. EXTENSION OF ALTERNATIVE FUELS PLOYMENT AND ELIGIBILITY AS- date. EXCISE TAX CREDITS. SESSMENT ACTIVITIES. (3) TECHNICAL CORRECTIONS.—The amend- (a) IN GENERAL.—Sections 6426(d)(5) and (a) IN GENERAL.—Section 4004(c)(2)(A) of the ments made by subsection (c) shall apply as if 6426(e)(3) are each amended by striking ‘‘Decem- Supplemental Appropriations Act, 2008 (Public included in the enactment of the provisions of ber 31, 2011’’ and inserting ‘‘December 31, 2013’’. Law 110–252; 26 U.S.C. 3304 note) is amended by the American Recovery and Reinvestment Act of (b) OUTLAY PAYMENTS FOR ALTERNATIVE striking ‘‘through fiscal year 2013’’ and insert- 2009 to which they relate. FUELS.—Paragraph (6) of section 6427(e) is ing ‘‘through fiscal year 2014’’. SEC. 408. EXTENSION OF CREDIT FOR ENERGY-EF- amended— (b) EFFECTIVE DATE.—The amendments made FICIENT NEW HOMES. (1) in subparagraph (C)— by this section shall take effect as if included in (a) IN GENERAL.—Subsection (g) of section 45L (A) by striking ‘‘or alternative fuel mixture (as the enactment of the Unemployment Benefits is amended by striking ‘‘December 31, 2011’’ and defined in subsection (d)(2) or (e)(3) of section Extension Act of 2012 (Public Law 112–96). inserting ‘‘December 31, 2013’’. 6426)’’ and inserting ‘‘(as defined in section SEC. 504. ADDITIONAL EXTENDED UNEMPLOY- (b) ENERGY SAVINGS REQUIREMENTS.—Clause 6426(d)(2))’’, and MENT BENEFITS UNDER THE RAIL- (i) of section 45L(c)(1)(A) is amended by striking (B) by striking ‘‘December 31, 2011, and’’ and ROAD UNEMPLOYMENT INSURANCE ‘‘2003 International Energy Conservation Code, inserting ‘‘December 31, 2013,’’, ACT. as such Code (including supplements) is in ef- (2) in subparagraph (D)— (a) EXTENSION.—Section 2(c)(2)(D)(iii) of the fect on the date of the enactment of this sec- (A) by striking ‘‘or alternative fuel mixture’’, Railroad Unemployment Insurance Act, as tion’’ and inserting ‘‘2006 International Energy and added by section 2006 of the American Recovery Conservation Code, as such Code (including (B) by striking the period at the end and in- and Reinvestment Act of 2009 (Public Law 111– supplements) is in effect on January 1, 2006’’. serting ‘‘, and’’, and 5) and as amended by section 9 of the Worker, (c) EFFECTIVE DATE.—The amendments made (3) by adding at the end the following new Homeownership, and Business Assistance Act of by this section shall apply to homes acquired subparagraph: 2009 (Public Law 111–92), section 505 of the Tax after December 31, 2011. ‘‘(E) any alternative fuel mixture (as defined Relief, Unemployment Insurance Reauthoriza- in section 6426(e)(2)) sold or used after December SEC. 409. EXTENSION OF CREDIT FOR ENERGY-EF- tion, and Job Creation Act of 2010 (Public Law FICIENT APPLIANCES. 31, 2011.’’. 111–312), section 202 of the Temporary Payroll (c) EFFECTIVE DATE.—The amendments made (a) IN GENERAL.—Section 45M(b) is amended Tax Cut Continuation Act of 2011 (Public Law by striking ‘‘2011’’ each place it appears other by this section shall apply to fuel sold or used 112–78), and section 2124 of the Unemployment than in the provisions specified in subsection (b) after December 31, 2011. Benefits Extension Act of 2012 (Public Law 112– and inserting ‘‘2011, 2012, or 2013’’. TITLE V—UNEMPLOYMENT 96), is amended— (b) PROVISIONS SPECIFIED.—The provisions of SEC. 501. EXTENSION OF EMERGENCY UNEM- (1) by striking ‘‘June 30, 2012’’ and inserting section 45M(b) specified in this subsection are PLOYMENT COMPENSATION PRO- ‘‘June 30, 2013’’; and subparagraph (C) of paragraph (1) and sub- GRAM. (2) by striking ‘‘December 31, 2012’’ and insert- paragraph (E) of paragraph (2). (a) EXTENSION.—Section 4007(a)(2) of the Sup- ing ‘‘December 31, 2013’’. (c) EFFECTIVE DATE.—The amendments made plemental Appropriations Act, 2008 (Public Law (b) CLARIFICATION ON AUTHORITY TO USE by this section shall apply to appliances pro- 110–252; 26 U.S.C. 3304 note) is amended by FUNDS.—Funds appropriated under either the duced after December 31, 2011. striking ‘‘January 2, 2013’’ and inserting ‘‘Janu- first or second sentence of clause (iv) of section SEC. 410. EXTENSION AND MODIFICATION OF ary 1, 2014’’. 2(c)(2)(D) of the Railroad Unemployment Insur- SPECIAL ALLOWANCE FOR CELLU- (b) FUNDING.—Section 4004(e)(1) of the Sup- ance Act shall be available to cover the cost of LOSIC BIOFUEL PLANT PROPERTY. plemental Appropriations Act, 2008 (Public Law additional extended unemployment benefits pro- (a) EXTENSION.— 110–252; 26 U.S.C. 3304 note) is amended— vided under such section 2(c)(2)(D) by reason of (1) IN GENERAL.—Subparagraph (D) of section (1) in subparagraph (H), by striking ‘‘and’’ at the amendments made by subsection (a) as well 168(l)(2) is amended by striking ‘‘January 1, the end; and as to cover the cost of such benefits provided 2013’’ and inserting ‘‘January 1, 2014’’. (2) by inserting after subparagraph (I) the fol- under such section 2(c)(2)(D), as in effect on the (2) EFFECTIVE DATE.—The amendment made lowing: day before the date of enactment of this Act. by this subsection shall apply to property placed ‘‘(J) the amendments made by section 501(a) of (c) FUNDING FOR ADMINISTRATION.—Out of in service after December 31, 2012. the American Taxpayer Relief Act of 2012;’’. any funds in the Treasury not otherwise appro- (b) ALGAE TREATED AS A QUALIFIED FEED- (c) EFFECTIVE DATE.—The amendments made priated, there are appropriated to the Railroad STOCK FOR PURPOSES OF BONUS DEPRECIATION by this section shall take effect as if included in Retirement Board $250,000 for administrative ex- FOR BIOFUEL PLANT PROPERTY.— the enactment of the Unemployment Benefits penses associated with the payment of addi- (1) IN GENERAL.—Subparagraph (A) of section Extension Act of 2012 (Public Law 112–96) tional extended unemployment benefits provided 168(l)(2) is amended by striking ‘‘solely to SEC. 502. TEMPORARY EXTENSION OF EXTENDED under section 2(c)(2)(D) of the Railroad Unem- produce cellulosic biofuel’’ and inserting ‘‘solely BENEFIT PROVISIONS. ployment Insurance Act by reason of the to produce second generation biofuel (as defined (a) IN GENERAL.—Section 2005 of the Assist- amendments made by subsection (a), to remain in section 40(b)(6)(E))’’. ance for Unemployed Workers and Struggling available until expended.

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TITLE VI—MEDICARE AND OTHER HEALTH (2) GAO STUDY AND REPORT ON INCOR- (2) in each of clauses (i) and (ii), by striking EXTENSIONS PORATING REGISTRY DATA INTO THE MEDICARE ‘‘January 1, 2013’’ and inserting ‘‘January 1, Subtitle A—Medicare Extensions PROGRAM IN ORDER TO IMPROVE QUALITY AND 2014’’ each place it appears. EFFICIENCY.— SEC. 601. MEDICARE PHYSICIAN PAYMENT UP- (b) AIR AMBULANCE.—Section 146(b)(1) of the DATE. (A) STUDY.—The Comptroller General of the Medicare Improvements for Patients and Pro- (a) IN GENERAL.—Section 1848(d) of the Social United States shall conduct a study on the po- viders Act of 2008 (Public Law 110–275), as Security Act (42 U.S.C. 1395w–4(d)) is amended tential of clinical data registries to improve the amended by sections 3105(b) and 10311(b) of the by adding at the end the following new para- quality and efficiency of care in the Medicare Patient Protection and Affordable Care Act graph: program, including through payment system in- (Public Law 111–148), section 106(b) of the Medi- ‘‘(14) UPDATE FOR 2013.— centives. Such study shall include an analysis care and Medicaid Extenders Act of 2010 (Public ‘‘(A) IN GENERAL.—Subject to paragraphs of the role of health information technology in Law 111–309), section 306(b) of the Temporary (7)(B), (8)(B), (9)(B), (10)(B), (11)(B), (12)(B), facilitating clinical data registries and the use Payroll Tax Cut Continuation Act of 2011 (Pub- and (13)(B), in lieu of the update to the single of data from such registries among private lic Law 112–78), and section 3007(b) of the Mid- conversion factor established in paragraph health insurers as well as other entities the dle Class Tax Relief and Job Creation Act of (1)(C) that would otherwise apply for 2013, the Comptroller General determines appropriate. 2012 (Public Law 112–96), is amended by striking update to the single conversion factor for such (B) REPORT.—Not later than November 15, ‘‘December 31, 2012’’ and inserting ‘‘June 30, year shall be zero percent. 2013, the Comptroller General of the United 2013’’. ‘‘(B) NO EFFECT ON COMPUTATION OF CONVER- States shall submit to Congress a report on the (c) SUPER RURAL AMBULANCE.—Section SION FACTOR FOR 2014 AND SUBSEQUENT YEARS.— study conducted under subparagraph (A), to- 1834(l)(12)(A) of the Social Security Act (42 The conversion factor under this subsection gether with recommendations for such legisla- U.S.C. 1395m(l)(12)(A)) is amended in the first shall be computed under paragraph (1)(A) for tion and administrative action as the Comp- sentence by striking ‘‘January 1, 2013’’ and in- 2014 and subsequent years as if subparagraph troller General determines appropriate. serting ‘‘January 1, 2014’’. (A) had never applied.’’. SEC. 602. WORK GEOGRAPHIC ADJUSTMENT. (d) STUDIES OF AMBULANCE COSTS.— (b) ADVANCEMENT OF CLINICAL DATA REG- Section 1848(e)(1)(E) of the Social Security Act (1) IN GENERAL.—The Secretary of Health and ISTRIES TO IMPROVE THE QUALITY OF HEALTH (42 U.S.C. 1395w–4(e)(1)(E)) is amended by strik- Health and Human Services (in this subsection CARE.— ing ‘‘before January 1, 2013’’ and inserting ‘‘be- referred to as the ‘‘Secretary’’) shall conduct a (1) IN GENERAL.—Section 1848(m)(3) of the So- fore January 1, 2014’’. study of each of the following: cial Security Act (42 U.S.C. 1395w–4(m)(3)) is SEC. 603. PAYMENT FOR OUTPATIENT THERAPY (A) A study that analyzes data on existing amended— SERVICES. cost reports for ambulance services furnished by (A) by redesignating subparagraph (D) as sub- (a) EXTENSION.—Section 1833(g) of the Social hospitals and critical access hospitals, including paragraph (F); and Security Act (42 U.S.C. 1395l(g)) is amended— variation by characteristics of such providers of (B) by inserting after subparagraph (C) the (1) in paragraph (5)(A), in the first sentence, services. following new subparagraphs: by striking ‘‘December 31, 2012’’ and inserting (B) A study of the feasibility of obtaining cost ‘‘(D) SATISFACTORY REPORTING MEASURES ‘‘December 31, 2013’’; and data on a periodic basis from all ambulance pro- THROUGH PARTICIPATION IN A QUALIFIED CLIN- (2) in paragraph (6)— viders of services and suppliers for potential use ICAL DATA REGISTRY.—For 2014 and subsequent (A) by striking ‘‘December 31, 2012’’ and in- in examining the appropriateness of the Medi- years, the Secretary shall treat an eligible pro- serting ‘‘December 31, 2013’’; and care add-on payments for ground ambulance fessional as satisfactorily submitting data on (B) by inserting ‘‘or 2013’’ after ‘‘during services furnished under the fee schedule under quality measures under subparagraph (A) if, in 2012’’. section 1834(l) of the Social Security Act (42 lieu of reporting measures under subsection (b) APPLICATION OF THERAPY CAP TO THERAPY U.S.C. 1395m(l)) and in preparing for future re- (k)(2)(C), the eligible professional is satisfac- FURNISHED AS PART OF OUTPATIENT CRITICAL form of such payment system. torily participating, as determined by the Sec- ACCESS HOSPITAL SERVICES.—Section 1833(g)(6) (2) COMPONENTS OF ONE OF THE STUDIES.—In retary, in a qualified clinical data registry (as of the Social Security Act (42 U.S.C. 1395l(g)(6)), described in subparagraph (E)) for the year. conducting the study under paragraph (1)(B), as amended by subsection (a), is amended— the Secretary shall— ‘‘(E) QUALIFIED CLINICAL DATA REGISTRY.— (1) by striking ‘‘In applying’’ and inserting (A) consult with industry on the design of ‘‘(i) IN GENERAL.—The Secretary shall estab- ‘‘(A) In applying’’; and such cost collection efforts; lish requirements for an entity to be considered (2) by adding at the end the following new (B) explore use of cost surveys and cost re- a qualified clinical data registry. Such require- subparagraph: ments shall include a requirement that the enti- ‘‘(B)(i) With respect to outpatient therapy ports to collect appropriate cost data and the ty provide the Secretary with such information, services furnished beginning on or after Janu- periodicity of such cost data collection; at such times, and in such manner, as the Sec- ary 1, 2013, and before January 1, 2014, for (C) examine the feasibility of development of a retary determines necessary to carry out this which payment is made under section 1834(g), standard cost reporting tool for providers of subsection. the Secretary shall count toward the uniform services and suppliers of ground ambulance ‘‘(ii) CONSIDERATIONS.—In establishing the re- dollar limitations described in paragraphs (1) services; and quirements under clause (i), the Secretary shall and (3) and the threshold described in para- (D) examine the ability to furnish such cost consider whether an entity— graph (5)(C) the amount that would be payable data by various types of ambulance providers of ‘‘(I) has in place mechanisms for the trans- under this part if such services were paid under services and suppliers, especially by rural and parency of data elements and specifications, section 1834(k)(1)(B) instead of being paid under super-rural providers of services and suppliers. risk models, and measures; section 1834(g). (3) REPORTS.— ‘‘(II) requires the submission of data from par- ‘‘(ii) Nothing in clause (i) shall be construed (A) EXISTING COST REPORTS.—Not later than ticipants with respect to multiple payers; as changing the method of payment for out- October 1, 2013, the Secretary shall submit a re- ‘‘(III) provides timely performance reports to patient therapy services under section 1834(g).’’. port to Congress on the study conducted under participants at the individual participant level; (c) BENEFICIARY PROTECTIONS.—Section paragraph (1)(A), together with recommenda- and 1833(g)(5) of the Social Security Act (42 U.S.C. tions for such legislation and administrative ac- ‘‘(IV) supports quality improvement initiatives 1395l(g)(5)) is amended by adding at the end the tion as the Secretary determines appropriate. for participants. following new subparagraph: (B) OBTAINING COST DATA.—Not later than ‘‘(iii) MEASURES.—With respect to measures ‘‘(D) With respect to services furnished on or July 1, 2014, the Secretary shall submit a report used by a qualified clinical data registry— to Congress on the study conducted under para- ‘‘(I) sections 1890(b)(7) and 1890A(a) shall not after January 1, 2013, where payment may not graph (1)(B), together with recommendations for apply; and be made as a result of application of paragraphs such legislation and administrative action as ‘‘(II) measures endorsed by the entity with a (1) and (3), section 1879 shall apply in the same the Secretary determines appropriate. contract with the Secretary under section manner as such section applies to a denial that 1890(a) may be used. is made by reason of section 1862(a)(1).’’. SEC. 605. EXTENSION OF MEDICARE INPATIENT ‘‘(iv) CONSULTATION.—In carrying out this (d) IMPLEMENTATION.—Notwithstanding any HOSPITAL PAYMENT ADJUSTMENT subparagraph, the Secretary shall consult with other provision of law, the Secretary of Health FOR LOW-VOLUME HOSPITALS. interested parties. and Human Services may implement the provi- Section 1886(d)(12) of the Social Security Act ‘‘(v) DETERMINATION.—The Secretary shall es- sions of, and the amendments made by, this sec- (42 U.S.C. 1395ww(d)(12)) is amended— tablish a process to determine whether or not an tion by program instruction or otherwise. (1) in subparagraph (B), in the matter pre- entity meets the requirements established under SEC. 604. AMBULANCE ADD-ON PAYMENTS. ceding clause (i), by striking ‘‘2013’’ and insert- clause (i). Such process may involve one or both (a) GROUND AMBULANCE.—Section ing ‘‘2014’’; of the following: 1834(l)(13)(A) of the Social Security Act (42 (2) in subparagraph (C)(i), by striking ‘‘and ‘‘(I) A determination by the Secretary. U.S.C. 1395m(l)(13)(A)) is amended— 2012’’ each place it appears and inserting ‘‘, ‘‘(II) A designation by the Secretary of one or (1) in the matter preceding clause (i), by strik- 2012, and 2013’’; and more independent organizations to make such ing ‘‘January 1, 2013’’ and inserting ‘‘January (3) in subparagraph (D), by striking ‘‘and determination.’’. 1, 2014’’; and 2012’’ and inserting ‘‘, 2012, and 2013’’.

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SEC. 606. EXTENSION OF THE MEDICARE-DE- (3) SUBMISSION AND AVAILABILITY OF INITIAL 1395b–3 note), as amended by section 3306 of the PENDENT HOSPITAL (MDH) PRO- STRATEGY.—Not later than 1 year after the date Patient Protection and Affordable Care Act GRAM. of the enactment of this Act, the Secretary Public Law 111–148), is amended— (a) EXTENSION OF PAYMENT METHODOLOGY.— shall— (1) in clause (i), by striking ‘‘and’’ at the end; Section 1886(d)(5)(G) of the Social Security Act (A) submit to the relevant committees of Con- (2) in clause (ii), by striking the period at the (42 U.S.C. 1395ww(d)(5)(G)) is amended— gress the strategy described in paragraph (1); end and inserting ‘‘; and’’; and (1) in clause (i), by striking ‘‘October 1, 2012’’ and (3) by inserting after clause (ii) the following and inserting ‘‘October 1, 2013’’; and (B) post such strategy on the website of the new clause: (2) in clause (ii)(II), by striking ‘‘October 1, Centers for Medicare & Medicaid Services. ‘‘(iii) for fiscal year 2013, of $7,500,000.’’. 2012’’ and inserting ‘‘October 1, 2013’’. (4) STRATEGY UPDATE.— (b) ADDITIONAL FUNDING FOR AREA AGENCIES (b) CONFORMING AMENDMENTS.— (A) FEEDBACK FROM STAKEHOLDERS.—The ON AGING.—Subsection (b)(1)(B) of such section (1) EXTENSION OF TARGET AMOUNT.—Section Secretary shall seek feedback from stakeholders 119, as so amended, is amended— 1886(b)(3)(D) of the Social Security Act (42 on the initial strategy submitted under para- (1) in clause (i), by striking ‘‘and’’ at the end; U.S.C. 1395ww(b)(3)(D)) is amended— graph (3). (2) in clause (ii), by striking the period at the (A) in the matter preceding clause (i), by (B) STRATEGY UPDATE.—The Secretary shall— end and inserting ‘‘; and’’; and striking ‘‘October 1, 2012’’ and inserting ‘‘Octo- (i) update the strategy described in paragraph (3) by inserting after clause (ii) the following ber 1, 2013’’; and (1) based on the feedback submitted under sub- new clause: ‘‘(iii) for fiscal year 2013, of $7,500,000.’’. (B) in clause (iv), by striking ‘‘through fiscal paragraph (A); and (c) ADDITIONAL FUNDING FOR AGING AND DIS- year 2012’’ and inserting ‘‘through fiscal year (ii) not later than 18 months after the date of ABILITY RESOURCE CENTERS.—Subsection 2013’’. the enactment of this Act— (c)(1)(B) of such section 119, as so amended, is (2) PERMITTING HOSPITALS TO DECLINE RECLAS- (I) submit such updated strategy to the rel- amended— SIFICATION.—Section 13501(e)(2) of the Omnibus evant committees of Congress; and (1) in clause (i), by striking ‘‘and’’ at the end; Budget Reconciliation Act of 1993 (42 U.S.C. (II) post such updated strategy on the website 1395ww note) is amended by striking ‘‘through (2) in clause (ii), by striking the period at the of the Centers for Medicare & Medicaid Serv- end and inserting ‘‘; and’’; and fiscal year 2012’’ and inserting ‘‘through fiscal ices. year 2013’’. (3) by inserting after clause (ii) the following (5) GAO STUDY AND REPORT ON PRIVATE SEC- new clause: SEC. 607. EXTENSION FOR SPECIALIZED MEDI- TOR INFORMATION SHARING ACTIVITIES.— CARE ADVANTAGE PLANS FOR SPE- ‘‘(iii) for fiscal year 2013, of $5,000,000.’’. (A) STUDY.—The Comptroller General of the (d) ADDITIONAL FUNDING FOR CONTRACT WITH CIAL NEEDS INDIVIDUALS. United States (in this paragraph referred to as Section 1859(f)(1) of the Social Security Act (42 THE NATIONAL CENTER FOR BENEFITS AND OUT- the ‘‘Comptroller General’’) shall conduct a REACH ENROLLMENT.—Subsection (d)(2) of such U.S.C. 1395w–28(f)(1)) is amended by striking study on information sharing activities. Such ‘‘2014’’ and inserting ‘‘2015’’. section 119, as so amended, is amended— study shall include an analysis of— (1) in clause (i), by striking ‘‘and’’ at the end; SEC. 608. EXTENSION OF MEDICARE REASONABLE (i) how private sector entities share timely (2) in clause (ii), by striking the period at the COST CONTRACTS. data with hospitals, physicians, and other pro- end and inserting ‘‘; and’’; and Section 1876(h)(5)(C)(ii) of the Social Security viders and what lessons can be learned from (3) by inserting after clause (ii) the following Act (42 U.S.C. 1395mm(h)(5)(C)(ii)) is amended, those activities; new clause: in the matter preceding subclause (I), by strik- (ii) how the Medicare program currently ‘‘(iii) for fiscal year 2013, of $5,000,000.’’. ing ‘‘January 1, 2013’’ and inserting ‘‘January shares data with providers, including what data Subtitle B—Other Health Extensions 1, 2014’’. is provided and to which providers, and what SEC. 621. EXTENSION OF THE QUALIFYING INDI- SEC. 609. PERFORMANCE IMPROVEMENT. divisions within the Centers for Medicare & VIDUAL (QI) PROGRAM. (a) EXTENSION OF FUNDING FOR CONTRACT Medicaid Services oversee those efforts; (a) EXTENSION.—Section 1902(a)(10)(E)(iv) of WITH CONSENSUS-BASED ENTITY REGARDING (iii) what, if any, differences there are be- the Social Security Act (42 U.S.C. PERFORMANCE MEASUREMENT.— tween the private sector and the Medicare pro- 1396a(a)(10)(E)(iv)) is amended by striking (1) IN GENERAL.—Section 1890(d) of the Social gram under title XVIII of the Social Security ‘‘2012’’ and inserting ‘‘2013’’. Security Act (42 U.S.C. 1395aaa(d)) is amended Act (42 U.S.C. 1395 et seq.) in terms of sharing (b) EXTENDING TOTAL AMOUNT AVAILABLE by striking ‘‘fiscal years 2009 through 2012’’ and data; and FOR ALLOCATION.—Section 1933(g) of such Act inserting ‘‘fiscal years 2009 through 2013’’. (iv) what, if any, barriers there are for the (42 U.S.C. 1396u–3(g)) is amended— (2) REVISION TO DUTIES.—Section 1890(b) of Centers for Medicare & Medicaid Services to (1) in paragraph (2)— the Social Security Act (42 U.S.C. 1395aaa(b)) is sharing timely data with applicable providers (A) in subparagraph (Q), by striking ‘‘and’’ amended by striking paragraph (4). and recommendations to eliminate or reduce after the semicolon; (b) PROVIDING DATA FOR PERFORMANCE IM- such barriers. (B) in subparagraph (R), by striking the pe- PROVEMENT IN A TIMELY MANNER.— (B) REPORT.—Not later than 8 months after riod at the end and inserting a semicolon; and (1) IN GENERAL.—The Secretary of Health and the date of the enactment of this Act, the Comp- (C) by adding at the end the following new Human Services (in this subsection referred to troller General shall submit to the relevant com- subparagraphs: as the ‘‘Secretary’’) shall develop a strategy to mittees of Congress a report containing the re- ‘‘(S) for the period that begins on January 1, provide data for performance improvement in a sults of the study conducted under subpara- 2013, and ends on September 30, 2013, the total timely manner to applicable providers under the graph (A), together with recommendations for allocation amount is $485,000,000; and Medicare program under title XVIII of the So- such legislation and administrative action as ‘‘(T) for the period that begins on October 1, cial Security Act (42 U.S.C. 1395 et seq.), includ- the Comptroller General determines appropriate. 2013, and ends on December 31, 2013, the total ing with respect to the provision of the fol- (6) DEFINITIONS.—In this subsection: allocation amount is $300,000,000.’’; and lowing: (A) APPLICABLE PROVIDER.—The term ‘‘appli- (2) in paragraph (3), in the matter preceding (A) Utilization data, including such data for cable provider’’ means the following: subparagraph (A), by striking ‘‘or (R)’’ and in- items and services under parts A, B, and D of (i) A critical access hospital (as defined in sec- serting ‘‘(R), or (T)’’. the Medicare program. tion 1861(mm)(1) of the Social Security Act (42 SEC. 622. EXTENSION OF TRANSITIONAL MEDICAL (B) Feedback on quality data submitted by the U.S.C. 1395xx(mm)(1))). ASSISTANCE (TMA). applicable provider under the Medicare pro- (ii) A hospital (as defined in section 1861(e) of Sections 1902(e)(1)(B) and 1925(f) of the Social gram. such Act (42 U.S.C. 1395x(e))). Security Act (42 U.S.C. 1396a(e)(1)(B), 1396r– (2) CONSIDERATIONS.—In developing the strat- (iii) A physician (as defined in section 1861(r) 6(f)) are each amended by striking ‘‘2012’’ and egy under paragraph (1), the Secretary shall of such Act (42 U.S.C. 1395x(r))). inserting ‘‘2013’’. consider— (iv) Any other provider the Secretary deter- SEC. 623. EXTENSION OF MEDICAID AND CHIP EX- (A) the type of applicable provider receiving mines should receive the information described PRESS LANE OPTION. the data; in subsection (a). Section 1902(e)(13)(I) of the Social Security (B) the frequency of providing the data so (B) PERFORMANCE IMPROVEMENT.—The term Act (42 U.S.C. 1396a(e)(13)(I)) is amended by that it can be the most relevant in improving ‘‘performance improvement’’ means improve- striking ‘‘2013’’ and inserting ‘‘2014’’. provider performance; ments in quality, reducing per capita costs, and SEC. 624. EXTENSION OF FAMILY-TO-FAMILY (C) risk adjustment methods; other criteria the Secretary determines appro- HEALTH INFORMATION CENTERS. (D) presentation of the data in a meaningful priate. Section 501(c)(1)(A)(iii) of the Social Security manner and easily understandable format; SEC. 610. EXTENSION OF FUNDING OUTREACH Act (42 U.S.C. 701(c)(1)(A)(iii)) is amended by (E) with respect to utilization data, the provi- AND ASSISTANCE FOR LOW-INCOME striking ‘‘2012’’ and inserting ‘‘2013’’. sion of data that the Secretary determines PROGRAMS. SEC. 625. EXTENSION OF SPECIAL DIABETES PRO- would be useful to improve the performance of (a) ADDITIONAL FUNDING FOR STATE HEALTH GRAM FOR TYPE I DIABETES AND the type of applicable provider involved; and INSURANCE PROGRAMS.—Subsection (a)(1)(B) of FOR INDIANS. (F) administrative costs involved with pro- section 119 of the Medicare Improvements for (a) SPECIAL DIABETES PROGRAMS FOR TYPE I viding data. Patients and Providers Act of 2008 (42 U.S.C. DIABETES.—Section 330B(b)(2)(C) of the Public

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IPPS DOCUMENTATION AND CODING clauses (ii), (iii), and (iv) of subparagraph (B) shall be 50 percent.’’. ADJUSTMENT FOR IMPLEMENTA- (other than oral-only ESRD-related drugs, as SEC. 634. PAYMENT FOR CERTAIN RADIOLOGY TION OF MS-DRGS. such term is used in the final rule promulgated SERVICES FURNISHED UNDER THE (a) RULE OF CONSTRUCTION AND CLARIFICA- by the Secretary in the Federal Register on Au- MEDICARE HOSPITAL OUTPATIENT DEPARTMENT PROSPECTIVE PAY- TION.— gust 12, 2010 (75 Fed. Reg. 49030)). In making re- MENT SYSTEM. (1) RULE OF CONSTRUCTION.—Nothing in the ductions under the preceding sentence, the Sec- amendments made by subsection (b) shall be retary shall take into account the most recently Section 1833(t)(16) of the Social Security Act construed as changing the existing authority available data on average sales prices and (42 U.S.C. 1395l(t)(16)) is amended by adding at under section 1886(d) of the Social Security Act changes in prices for drugs and biological re- the end the following new subparagraph: ‘‘(D) SPECIAL PAYMENT RULE.— (42 U.S.C. 1395ww(d)) to make prospective docu- flected in the ESRD market basket percentage ‘‘(i) IN GENERAL.—In the case of covered OPD mentation and coding adjustments to the stand- increase factor under subparagraph (F).’’. services furnished on or after April 1, 2013, in a ardized amounts under such section 1886(d) to (b) TWO-YEAR DELAY OF IMPLEMENTATION OF hospital described in clause (ii), if— correct for changes in the coding or classifica- ORAL-ONLY ESRD-RELATED DRUGS IN THE ‘‘(I) the payment rate that would otherwise tion of discharges that do not reflect real ESRD PROSPECTIVE PAYMENT SYSTEM; MONI- apply under this subsection for stereotactic changes in case mix. TORING.— radiosurgery, complete course of treatment of (2) CLARIFICATION.—Effective on the date of (1) DELAY.—The Secretary of Health and cranial lesion(s) consisting of 1 session that is the enactment of this section, except as provided Human Services may not implement the policy multi-source Cobalt 60 based (identified as of in section 7(b)(1)(B)(ii) of the TMA, Abstinence under section 413.174(f)(6) of title 42, Code of January 1, 2013, by HCPCS code 77371 (and any Education, and QI Programs Extension Act of Federal Regulations (relating to oral-only succeeding code) and reimbursed as of such date 2007, as added by subsection (b)(2)(A)(ii)(IV) of ESRD-related drugs in the ESRD prospective under APC 0127 (and any succeeding classifica- this section, the Secretary of Health and Human payment system), prior to January 1, 2016. tion group)); exceeds Services shall not have authority to fully recoup (2) MONITORING.—With respect to the imple- ‘‘(II) the payment rate that would otherwise past overpayments related to documentation mentation of oral-only ESRD-related drugs in apply under this subsection for linear accel- and coding changes from fiscal years 2008 and the ESRD prospective payment system under erator based stereotactic radiosurgery, complete 2009. subsection (b)(14) of section 1881 of the Social course of therapy in one session (identified as of (b) ADJUSTMENT.—Section 7 of the TMA, Ab- Security Act (42 U.S.C. 1395rr(b)(14)), the Sec- January 1, 2013, by HCPCS code G0173 (and any stinence Education, and QI Programs Extension retary of Health and Human Services shall mon- succeeding code) and reimbursed as of such date Act of 2007 (Public Law 110–90; 121 Stat. 986) is itor the bone and mineral metabolism of individ- under APC 0067 (and any succeeding classifica- amended— uals with end stage renal disease. tion group)), (1) in the heading, by striking ‘‘LIMITA- (c) ANALYSIS OF CASE MIX PAYMENT ADJUST- the payment rate for the service described in TION’’ and all that follows through ‘‘ADJUST- MENTS.—By not later than January 1, 2016, the subclause (I) shall be reduced to an amount MENT’’ and inserting ‘‘DOCUMENTATION Secretary of Health and Human Services shall— equal to the payment rate for the service de- AND CODING ADJUSTMENTS’’; and (1) conduct an analysis of the case mix pay- scribed in subclause (II). (2) in subsection (b)— ment adjustments being used under section ‘‘(ii) HOSPITAL DESCRIBED.—A hospital de- (A) in paragraph (1)— 1881(b)(14)(D)(i) of the Social Security Act (42 (i) in the matter before subparagraph (A)— scribed in this clause is a hospital that is not— U.S.C. 1395rr(b)(14)(D)(i)); and ‘‘(I) located in a rural area (as defined in sec- (I) by striking ‘‘or 2009’’ and inserting ‘‘, 2009, (2) make appropriate revisions to such case or 2010’’; and tion 1886(d)(2)(D)); mix payment adjustments. ‘‘(II) classified as a rural referral center under (II) by inserting ‘‘or otherwise applied for (d) UPDATED GAO REPORT.—Not later than such year’’ after ‘‘applied under subsection section 1886(d)(5)(C); or December 31, 2015, the Comptroller General of ‘‘(III) a sole community hospital (as defined (a)’’; and the United States shall submit to Congress a re- (ii) in subparagraph (B)— in section 1886(d)(5)(D)(iii)). port that updates the report submitted to Con- ‘‘(iii) NOT BUDGET NEUTRAL.—In making any (I) by inserting ‘‘(i)’’ after ‘‘(B)’’; gress under section 10336 of the Patient Protec- (II) by striking ‘‘or decrease’’; budget neutrality adjustments under this sub- tion and Affordable Care Act (Public Law 111– (III) by striking the period at the end and in- section for 2013 (with respect to covered OPD 148; 124 Stat. 974). The updated report shall in- serting ‘‘; and’’; and services furnished on or after April 1, 2013, and (IV) by adding at the end the following: clude an analysis of how the Secretary of before January 1, 2014) or a subsequent year, ‘‘(ii) make an additional adjustment to the Health and Human Services has addressed the Secretary shall not take into account the re- standardized amounts under such section points raised in the report submitted under such duced expenditures that result from the applica- 1886(d) based upon the Secretary’s estimates for section 10336 with respect to the Secretary’s tion of this subparagraph.’’. preparations to implement payment for oral- discharges occurring only during fiscal years SEC. 635. ADJUSTMENT OF EQUIPMENT UTILIZA- 2014, 2015, 2016, and 2017 to fully offset only ESRD-related drugs in the bundled pro- TION RATE FOR ADVANCED IMAGING $11,000,000,000 (which represents the amount of spective payment system under section SERVICES. the increase in aggregate payments from fiscal 1881(b)(14) of the Social Security Act (42 U.S.C. Section 1848 of the Social Security Act (42 years 2008 through 2013 for which an adjust- 1395rr(b)(14)). U.S.C. 1395w–4) is amended— ment was not previously applied).’’; and SEC. 633. TREATMENT OF MULTIPLE SERVICE (1) in subsection (b)(4)(C)— (B) in paragraph (3)— PAYMENT POLICIES FOR THERAPY (A) by striking ‘‘and subsequent years’’ and (i) in subparagraph (A), by inserting before SERVICES. inserting ‘‘, 2012, and 2013’’; and the semicolon the following: ‘‘or affecting the (a) SERVICES FURNISHED BY PHYSICIANS AND (B) by adding at the end the following new Secretary’s authority under such paragraph to CERTAIN OTHER PROVIDERS.—Section 1848(b)(7) sentence: ‘‘With respect to fee schedules estab- apply a prospective adjustment to offset aggre- of the Social Security Act (42 U.S.C. 1395w– lished for 2014 and subsequent years, in such gate additional payments related to documenta- 4(b)(7)) is amended— methodology, the Secretary shall use a 90 per- tion and coding improvements made with respect (1) by striking ‘‘2011,’’ and inserting ‘‘2011, cent utilization rate.’’; and to discharges during fiscal year 2010’’; and and before April 1, 2013,’’; and (2) in subsection (c)(2)(B)(v)(III), by striking (ii) in subparagraph (B), by striking ‘‘and (2) by adding at the end the following new ‘‘change in the utilization rate applicable to 2012’’ and inserting ‘‘2012, 2014, 2015, 2016, and sentence: ‘‘In the case of such services furnished 2011, as described in’’ and inserting ‘‘changes in 2017’’. on or after April 1, 2013, and for which payment the utilization rate applicable to 2011 and 2014, SEC. 632. REVISIONS TO THE MEDICARE ESRD is made under such fee schedules, instead of the as described in the first and second sentence, re- BUNDLED PAYMENT SYSTEM TO RE- 25 percent multiple procedure payment reduc- spectively, of’’. FLECT FINDINGS IN THE GAO RE- tion specified in such final rule, the reduction SEC. 636. MEDICARE PAYMENT OF COMPETITIVE PORT. percentage shall be 50 percent.’’. PRICES FOR DIABETIC SUPPLIES (a) ADJUSTMENT TO ESRD BUNDLED PAYMENT (b) SERVICES FURNISHED BY OTHER PRO- AND ELIMINATION OF OVERPAY- RATE TO ACCOUNT FOR CHANGES IN THE UTILI- VIDERS.—Section 1834(k) of the Social Security MENT FOR DIABETIC SUPPLIES. ZATION OF CERTAIN DRUGS AND BIOLOGICALS.— Act (42 U.S.C. 1395m(k)) is amended by adding (a) APPLICATION OF COMPETITIVE BIDDING Section 1881(b)(14) of the Social Security Act (42 at the end the following new paragraph: PRICES FOR DIABETIC SUPPLIES.—Section U.S.C. 1395rr(b)(14)) is amended by adding at ‘‘(7) ADJUSTMENT IN DISCOUNT FOR CERTAIN 1834(a)(1) of the Social Security Act (42 U.S.C. the end the following new subparagraph: MULTIPLE THERAPY SERVICES.—In the case of 1395m(a)(1)) is amended—

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0688 Sfmt 6333 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18599 (1) in subparagraph (F), in the matter pre- subparagraphs (A), (B), and (C) and inserting (A) addressing the interaction of a long-term ceding clause (i), by striking ‘‘subparagraph the following new subparagraphs: services and support system with existing pro- (G)’’ and inserting ‘‘subparagraphs (G) and ‘‘(A) fiscal year 2014, $0; and grams for long-term services and supports, in- (H)’’; and ‘‘(B) fiscal year 2015, $0.’’. cluding the Medicare program under title XVIII (2) by adding at the end the following new SEC. 641. REBASING OF STATE DSH ALLOTMENTS. of the Social Security Act (42 U.S.C. 1395 et seq.) subparagraph: Section 1923(f)(8) of the Social Security Act (42 and the Medicaid program under title XIX of ‘‘(H) DIABETIC SUPPLIES.— U.S.C. 1396r–4(f)(8)) is amended to read as fol- the Social Security Act (42 U.S.C. 1396 et seq.), ‘‘(i) IN GENERAL.—On or after the date de- lows: and private long-term care insurance; scribed in clause (ii), the payment amount under ‘‘(8) SPECIAL RULES FOR CALCULATING DSH AL- (B) improvements to such health care pro- this part for diabetic supplies, including testing LOTMENTS FOR CERTAIN FISCAL YEARS.— grams that are necessary for ensuring the avail- strips, that are non-mail order items (as defined ‘‘(A) FISCAL YEAR 2021.—Only with respect to ability of long-term services and supports; and by the Secretary) shall be equal to the single fiscal year 2021, the DSH allotment for a State, (C) issues related to workers who provide payment amounts established under the na- in lieu of the amount determined under para- long-term services and supports, including— tional mail order competition for diabetic sup- graph (3) for the State for that year, shall be (i) whether the number of such workers is ade- plies under section 1847. equal to the DSH allotment for the State as re- quate to provide long-term services and supports ‘‘(ii) DATE DESCRIBED.—The date described in duced under paragraph (7) for fiscal year 2020, to individuals with long-term care needs; this clause is the date of the implementation of increased, subject to subparagraphs (B) and (C) (ii) workforce development necessary to de- the single payment amounts under the national of paragraph (3), and paragraph (5), by the per- liver high-quality services to such individuals; mail order competition for diabetic supplies centage change in the consumer price index for (iii) development of entities that have the ca- under section 1847.’’. all urban consumers (all items; U.S. city aver- pacity to serve as employers and fiscal agents (b) OVERPAYMENT ELIMINATION FOR DIABETIC age), for fiscal year 2020. for workers who provide long-term services and SUPPLIES.—Section 1834(a) of the Social Security ‘‘(B) FISCAL YEAR 2022.—Only with respect to supports in the homes of such individuals; and Act (42 U.S.C. 1395m(a)) is amended by adding fiscal year 2022, the DSH allotment for a State, (iv) addressing gaps in Federal and State in- at the end the following new paragraph: in lieu of the amount determined under para- frastructure that prevent delivery of high-qual- ‘‘(22) SPECIAL PAYMENT RULE FOR DIABETIC graph (3) for the State for that year, shall be ity long term services and supports to such indi- SUPPLIES.—Notwithstanding the preceding pro- equal to the DSH allotment for the State for fis- viduals. visions of this subsection, for purposes of deter- cal year 2021, as determined under subpara- (3) ADDITIONAL CONSIDERATIONS.—For pur- mining the payment amount under this sub- graph (A), increased, subject to subparagraphs poses of developing the plan described in para- section for diabetic supplies furnished on or (B) and (C) of paragraph (3), and paragraph graph (1), the Commission shall take into ac- after the first day of the calendar quarter dur- (5), by the percentage change in the consumer count projected demographic changes and ing 2013 that is at least 30 days after the date of price index for all urban consumers (all items; trends in the population of the United States, as the enactment of this paragraph and before the U.S. city average), for fiscal year 2021. well as the potential for development of new date described in paragraph (1)(H)(ii), the Sec- ‘‘(C) SUBSEQUENT FISCAL YEARS.—The DSH al- technologies, delivery systems, or other mecha- retary shall recalculate and apply the covered lotment for a State for fiscal years after fiscal nisms to improve the availability and quality of item update under paragraph (14) as if subpara- year 2022 shall be calculated under paragraph long-term services and supports. graph (J)(i) of such paragraph was amended by (3) without regard to this paragraph and para- (4) CONSULTATION.—For purposes of devel- striking ‘but only if furnished through mail graph (7).’’. oping the plan described in paragraph (1), the order’.’’. SEC. 642. REPEAL OF CLASS PROGRAM. Commission shall consult with the Medicare SEC. 637. MEDICARE PAYMENT ADJUSTMENT FOR Payment Advisory Commission, the Medicaid (a) REPEAL.—Title XXXII of the Public NON-EMERGENCY AMBULANCE and CHIP Payment and Access Commission, the TRANSPORTS FOR ESRD BENE- Health Service Act (42 U.S.C. 300ll et seq.; relat- ing to the CLASS program) is repealed. National Council on Disability, and relevant FICIARIES. consumer groups. Section 1834(l) of the Social Security Act (42 (b) CONFORMING CHANGES.— (1) Title VIII of the Patient Protection and (c) MEMBERSHIP.— U.S.C. 1395m(l)) is amended by adding at the (1) IN GENERAL.—The Commission shall be end the following new paragraph: Affordable Care Act (Public Law 111–148; 124 Stat. 119, 846–847) is repealed. composed of 15 members, to be appointed not ‘‘(15) PAYMENT ADJUSTMENT FOR NON-EMER- later than 30 days after the date of enactment of GENCY AMBULANCE TRANSPORTS FOR ESRD BENE- (2) Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended— this Act, as follows: FICIARIES.—The fee schedule amount otherwise (A) The President of the United States shall applicable under the preceding provisions of this (A) by striking paragraphs (81) and (82); (B) in paragraph (80), by inserting ‘‘and’’ at appoint 3 members. subsection shall be reduced by 10 percent for (B) The majority leader of the Senate shall ambulance services furnished on or after Octo- the end; and (C) by redesignating paragraph (83) as para- appoint 3 members. ber 1, 2013, consisting of non-emergency basic (C) The minority leader of the Senate shall life support services involving transport of an graph (81). (3) Paragraphs (2) and (3) of section 6021(d) of appoint 3 members. individual with end-stage renal disease for renal the Deficit Reduction Act of 2005 (42 U.S.C. (D) The Speaker of the House of Representa- dialysis services (as described in section 1396p note) are amended to read as such para- tives shall appoint 3 members. 1881(b)(14)(B)) furnished other than on an emer- (E) The minority leader of the House of Rep- graphs were in effect on the day before the date gency basis by a provider of services or a renal resentatives shall appoint 3 members. of the enactment of section 8002(d) of the Pa- dialysis facility.’’. (2) REPRESENTATION.—The membership of the tient Protection and Affordable Care Act (Public SEC. 638. REMOVING OBSTACLES TO COLLECTION Commission shall include individuals who— Law 111–148). Of the funds appropriated by OF OVERPAYMENTS. (A) represent the interests of— paragraph (3) of such section 6021(d), as amend- (a) IN GENERAL.—The last sentence of sub- (i) consumers of long-term services and sup- ed by the Patient Protection and Affordable sections (b) and (c) of section 1870 of the Social ports and related insurance products, as well as Care Act, the unobligated balance is rescinded. Security Act (42 U.S.C. 1395gg) are each amend- their representatives; ed— SEC. 643. COMMISSION ON LONG-TERM CARE. (ii) older adults; (1) by striking ‘‘third year’’ and inserting (a) ESTABLISHMENT.—There is established a (iii) individuals with cognitive or functional ‘‘fifth year’’; and commission to be known as the Commission on limitations; (2) by striking ‘‘three-year’’ and inserting Long-Term Care (referred to in this section as (iv) family caregivers for individuals described ‘‘five-year’’. the ‘‘Commission’’). in clause (i), (ii), or (iii); (b) EFFECTIVE DATE.—The amendments made (b) DUTIES.— (v) the health care workforce who directly by subsection (a) shall take effect on the date of (1) IN GENERAL.—The Commission shall de- provide long-term services and supports; the enactment of this Act. velop a plan for the establishment, implementa- (vi) private long-term care insurance pro- SEC. 639. MEDICARE ADVANTAGE CODING INTEN- tion, and financing of a comprehensive, coordi- viders; SITY ADJUSTMENT. nated, and high-quality system that ensures the (vii) employers; Section 1853(a)(1)(C)(ii)(III) of the Social Se- availability of long-term services and supports (viii) State insurance departments; and curity Act (42 U.S.C. 1395w–23(a)(1)(C)(ii)(III)) for individuals in need of such services and sup- (ix) State Medicaid agencies; is amended— ports, including elderly individuals, individuals (B) have demonstrated experience in dealing (1) by striking ‘‘1.3 percentage points’’ and in- with substantial cognitive or functional limita- with issues related to long-term services and serting ‘‘1.5 percentage points’’; and tions, other individuals who require assistance supports, health care policy, and public and pri- (2) by striking ‘‘5.7 percent’’ and inserting to perform activities of daily living, and individ- vate insurance; and ‘‘5.9 percent’’. uals desiring to plan for future long-term care (C) represent the health care interests and SEC. 640. ELIMINATION OF ALL FUNDING FOR needs. needs of a variety of geographic areas and de- THE MEDICARE IMPROVEMENT (2) EXISTING HEALTH CARE PROGRAMS.—For mographic groups. FUND. purposes of developing the plan described in (3) CHAIRMAN AND VICE-CHAIRMAN.—The Com- Section 1898(b)(1) of the Social Security Act paragraph (1), the Commission shall provide rec- mission shall elect a chairman and vice chair- (42 U.S.C. 1395iii(b)(1)) is amended by striking ommendations for— man from among its members.

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(4) VACANCIES.—Any vacancy in the member- (8) ADMINISTRATIVE SUPPORT SERVICES.—Upon section and notwithstanding any other provi- ship of the Commission shall be filled in the the request of the Commission, the Adminis- sion of law, the authorities provided by each manner in which the original appointment was trator of General Services shall provide to the provision of the Food, Conservation, and En- made and shall not affect the power of the re- Commission on a reimbursable basis such admin- ergy Act of 2008 (Public Law 110–246; 122 Stat. maining members to execute the duties of the istrative support services as the Commission may 1651) and each amendment made by that Act Commission. request. (and for mandatory programs at such funding (5) QUORUM.—A quorum shall consist of 8 (f) COMMISSION CONSIDERATION.— levels), as in effect on September 30, 2012, shall members of the Commission, except that 4 mem- (1) APPROVAL OF REPORT AND LEGISLATIVE continue, and the Secretary of Agriculture shall bers may conduct a hearing under subsection LANGUAGE.— carry out the authorities, until the later of— (e)(1). (A) IN GENERAL.—Not later than 6 months (1) September 30, 2013; or (6) MEETINGS.—The Commission shall meet at after appointment of the members of the Com- (2) the date specified in the provision of that the call of its chairman or a majority of its mem- mission (as described in subsection (c)(1)), the Act or amendment made by that Act. Commission shall vote on a comprehensive and bers. (b) COMMODITY PROGRAMS.— detailed report based on the long-term care plan (7) COMPENSATION AND REIMBURSEMENT OF (1) IN GENERAL.—The terms and conditions EXPENSES.— described in subsection (b)(1) that contains any applicable to a covered commodity or loan com- recommendations or proposals for legislative or (A) IN GENERAL.—To enable the Commission to modity (as those terms are defined in section administrative action as the Commission deems exercise its powers, functions, and duties, there 1001 of the Food, Conservation, and Energy Act appropriate, including proposed legislative lan- are authorized to be disbursed by the Senate the of 2008 (7 U.S.C. 8702)) or to peanuts, sugar- guage to carry out the recommendations or pro- actual and necessary expenses of the Commis- cane, or sugar beets for the 2012 crop year pur- posals (referred to in this section as the ‘‘Com- sion approved by the chairman and vice chair- suant to title I of that Act (7 U.S.C. 8702 et seq.) mission bill’’). man, subject to subparagraph (B) and the rules and each amendment made by that title shall be (B) APPROVAL BY MAJORITY OF MEMBERS.— and regulations of the Senate. applicable to the 2013 crop year for that covered (B) MEMBERS.—Members of the Commission The Commission bill shall require the approval of a majority of the members of the Commission. commodity, loan commodity, peanuts, sugar- are not entitled to receive compensation for serv- cane, or sugar beets. ice on the Commission. Members may be reim- (2) TRANSMISSION OF COMMISSION BILL.— (A) IN GENERAL.—If the Commission bill is ap- (2) MILK.— bursed for travel, subsistence, and other nec- proved by the Commission pursuant to para- (A) IN GENERAL.—Notwithstanding subsection essary expenses incurred in carrying out the du- graph (1), then not later than 10 days after such (a), the Secretary of Agriculture shall carry out ties of the Commission. approval, the Commission shall submit the Com- the dairy product price support program under (d) STAFF AND ETHICAL STANDARDS.— mission bill to the President, the Vice President, section 1501 of the Food, Conservation, and En- (1) STAFF.—The chairman and vice chairman the Speaker of the House of Representatives, ergy Act of 2008 (7 U.S.C. 8771) through Decem- of the Commission may jointly appoint and fix and the majority and minority Leaders of each ber 31, 2013. the compensation of staff as they deem nec- House on Congress. (B) MILK INCOME LOSS CONTRACT PROGRAM.— essary, within the guidelines for employees of (B) COMMISSION BILL TO BE MADE PUBLIC.— Section 1506 of the Food, Conservation, and En- the Senate and following all applicable rules Upon the approval or disapproval of the Com- ergy Act of 2008 (7 U.S.C. 8773) is amended by and employment requirements of the Senate. mission bill pursuant to paragraph (1), the Com- striking ‘‘2012’’ each place it appears in sub- (2) ETHICAL STANDARDS.—Members of the mission shall promptly make such proposal, and sections (c)(3), (d)(1), (d)(2), (e)(2)(A), (g), and Commission who serve in the House of Rep- a record of the vote, available to the public. (h)(1) and inserting ‘‘2013’’. resentatives shall be governed by the ethics rules (g) TERMINATION.—The Commission shall ter- (3) SUSPENSION OF PERMANENT PRICE SUPPORT and requirements of the House. Members of the minate 30 days after the vote described in sub- AUTHORITIES.—The provisions of law specified Senate who serve on the Commission and staff section (f)(1). in subsections (a) through (c) of section 1602 of of the Commission shall comply with the ethics (h) CONSIDERATION OF COMMISSION REC- the Food, Conservation, and Energy Act of 2008 rules of the Senate. OMMENDATIONS.—If approved by the majority (7 U.S.C. 8782) shall be suspended— (e) POWERS.— required by subsection (f)(1), the Commission bill (1) HEARINGS AND OTHER ACTIVITIES.—For the (A) for the 2013 crop or production year of a that has been submitted pursuant to subsection covered commodity (as that term is defined in purpose of carrying out its duties, the Commis- (f)(2)(A) shall be introduced in the Senate (by sion may hold such hearings and undertake section 1001 of that Act (7 U.S.C. 8702)), pea- request) on the next day on which the Senate is nuts, sugarcane, and sugar, as appropriate; and such other activities as the Commission deter- in session by the majority leader of the Senate mines to be necessary to carry out its duties. (B) in the case of milk, through December 31, or by a Member of the Senate designated by the 2013. (2) STUDIES BY GENERAL ACCOUNTING OF- majority leader of the Senate and shall be intro- (c) CONSERVATION PROGRAMS.— FICE.—Upon the request of the Commission, the duced in the House of Representatives (by re- (1) CONSERVATION RESERVE.—Section 1231(d) Comptroller General of the United States shall quest) on the next legislative day by the major- conduct such studies or investigations as the of the Food Security Act of 1985 (16 U.S.C. ity leader of the House or by a member of the 3831(d)) is amended in the second sentence by Commission determines to be necessary to carry House designated by the majority leader of the striking ‘‘and 2012’’ and inserting ‘‘2012, and out its duties. House. 2013’’. (3) COST ESTIMATES BY CONGRESSIONAL BUDG- SEC. 644. CONSUMER OPERATED AND ORIENTED (2) VOLUNTARY PUBLIC ACCESS.—Section 1240R ET OFFICE.—Upon the request of the Commis- PLAN PROGRAM CONTINGENCY sion, the Director of the Congressional Budget FUND. of the Food Security Act of 1985 (16 U.S.C. Office shall provide to the Commission such cost (a) ESTABLISHMENT.—The Secretary of Health 3839bb–5) is amended by striking subsection (f) estimates as the Commission determines to be and Human Services shall establish a fund to be and inserting the following: necessary to carry out its duties. used to provide assistance and oversight to ‘‘(f) FUNDING.— (4) DETAIL OF FEDERAL EMPLOYEES.—Upon qualified nonprofit health insurance issuers ‘‘(1) FISCAL YEARS 2009 THROUGH 2012.—Of the the request of the Commission, the head of any that have been awarded loans or grants under funds of the Commodity Credit Corporation, the Federal agency is authorized to detail, without section 1322 of the Patient Protection and Af- Secretary shall use to carry out this section, to reimbursement, any of the personnel of such fordable Care Act (42 U.S.C. 18042) prior to the the maximum extent practicable, $50,000,000 for agency to the Commission to assist the Commis- date of enactment of this Act. the period of fiscal years 2009 through 2012. sion in carrying out its duties. Any such detail (b) TRANSFER AND RESCISSION.— ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— shall not interrupt or otherwise affect the civil (1) TRANSFER.—From the unobligated balance There is authorized to be appropriated to carry service status or privileges of the Federal em- of funds appropriated under section 1322(g) of out this section $10,000,000 for fiscal year 2013.’’. ployee. the Patient Protection and Affordable Care Act (d) SUPPLEMENTAL NUTRITION ASSISTANCE (5) TECHNICAL ASSISTANCE.—Upon the request (42 U.S.C. 18042(g)), 10 percent of such sums are PROGRAM.— of the Commission, the head of a Federal agency hereby transferred to the fund established under (1) EMPLOYMENT AND TRAINING PROGRAM.— shall provide such technical assistance to the subsection (a) to remain available until ex- Section 16(h)(1)(A) of the Food and Nutrition Commission as the Commission determines to be pended. Act of 2008 (7 U.S.C. 2025(h)(1)(A)) is amended necessary to carry out its duties. (2) RESCISSION.—Except as provided for in by inserting ‘‘, except that for fiscal year 2013, (6) USE OF MAILS.—The Commission may use paragraph (1), amounts appropriated under sec- the amount shall be $79,000,000’’ before the pe- the United States mails in the same manner and tion 1322(g) of the Patient Protection and Af- riod at the end. under the same conditions as Federal agencies. fordable Care Act (42 U.S.C. 18042(g)) that are (2) NUTRITION EDUCATION.—Section 28(d)(1) of (7) OBTAINING INFORMATION.—The Commis- unobligated as of the date of enactment of this the Food and Nutrition Act of 2008 (7 U.S.C. sion may secure directly from any Federal agen- Act are rescinded. 2036a(d)(1)) is amended— cy information necessary to enable it to carry TITLE VII—EXTENSION OF AGRICULTURAL (A) in subparagraph (A), by striking ‘‘and’’ out its duties, if the information may be dis- PROGRAMS after the semicolon at the end; and closed under section 552 of title 5, United States SEC. 701. 1-YEAR EXTENSION OF AGRICULTURAL (B) by striking subparagraph (B) and insert- Code. Upon request of the Chairman of the PROGRAMS. ing the following: Commission, the head of such agency shall fur- (a) EXTENSION.—Except as otherwise provided ‘‘(B) for fiscal year 2012, $388,000,000; nish such information to the Commission. in this section and amendments made by this ‘‘(C) for fiscal year 2013, $285,000,000;

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‘‘(D) for fiscal year 2014, $401,000,000; ‘‘(1) FISCAL YEARS 2009 THROUGH 2012.—Of the (A) by striking ‘‘Of the funds’’ and inserting ‘‘(E) for fiscal year 2015, $407,000,000; and funds of the Commodity Credit Corporation, the the following: ‘‘(F) for fiscal year 2016 and each subsequent Secretary shall use to carry out this section ‘‘(1) FISCAL YEARS 2009 THROUGH 2012.—Of the fiscal year, the applicable amount during the $1,000,000 for each of fiscal years 2008 through funds’’; and preceding fiscal year, as adjusted to reflect any 2012. (B) by adding at the end the following: increases for the 12-month period ending the ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) FISCAL YEAR 2013.—There is authorized to preceding June 30 in the Consumer Price Index There is authorized to be appropriated to carry be appropriated to carry out the Program for All Urban Consumers published by the Bu- out this section $1,000,000 for fiscal year 2013.’’. $5,000,000 for fiscal year 2013.’’. reau of Labor Statistics of the Department of (6) RURAL ENERGY FOR AMERICA PROGRAM.— (3) NATIONAL ORGANIC CERTIFICATION COST- Labor.’’. Section 9007(g)(3) of the Farm Security and SHARE PROGRAM.—Section 10606 of the Farm Se- (e) RESEARCH PROGRAMS.— Rural Investment Act of 2002 (7 U.S.C. curity and Rural Investment Act of 2002 (7 (1) ORGANIC AGRICULTURE RESEARCH AND EX- 8107(g)(3)) is amended by striking ‘‘2012’’ and U.S.C. 6523) is amended— TENSION INITIATIVE.—Section 1672B(f) of the inserting ‘‘2013’’. (A) in subsection (a), by striking ‘‘Of funds of Food, Agriculture, Conservation, and Trade Act (7) BIOMASS RESEARCH AND DEVELOPMENT.— the Commodity Credit Corporation, the Sec- of 1990 (7 U.S.C. 5925b(f)) is amended— Section 9008(h)(2) of the Farm Security and retary of Agriculture (acting through the Agri- (A) in the heading of paragraph (1), by strik- Rural Investment Act of 2002 (7 U.S.C. cultural Marketing Service) shall use $22,000,000 ing ‘‘IN GENERAL’’ and inserting ‘‘MANDATORY 8108(h)(2)) is amended by striking ‘‘2012’’ and for fiscal year 2008, to remain available until ex- FUNDING FOR FISCAL YEARS 2009 THROUGH 2012’’; inserting ‘‘2013’’. pended, to’’ and inserting ‘‘The Secretary of Ag- (B) in the heading of paragraph (2), by strik- (8) RURAL ENERGY SELF-SUFFICIENCY INITIA- riculture (acting through the Agricultural Mar- ing ‘‘ADDITIONAL FUNDING’’ and inserting ‘‘DIS- TIVE.—Section 9009(d) of the Farm Security and keting Service) shall’’; and CRETIONARY FUNDING FOR FISCAL YEARS 2009 Rural Investment Act of 2002 (7 U.S.C. 8109(d)) (B) by adding at the end the following: THROUGH 2012’’; and is amended by striking ‘‘2012’’ and inserting ‘‘(d) FUNDING.— (C) by adding at the end the following: ‘‘2013’’. ‘‘(1) MANDATORY FUNDING FOR FISCAL YEARS ‘‘(3) FISCAL YEAR 2013.—There is authorized to (9) FEEDSTOCK FLEXIBILITY PROGRAM FOR BIO- 2008 THROUGH 2012.—Of the funds of the Com- be appropriated to carry out this section ENERGY PRODUCERS.—Section 9010(b) of the modity Credit Corporation, the Secretary shall $25,000,000 for fiscal year 2013.’’. Farm Security and Rural Investment Act of 2002 make available to carry out this section (2) SPECIALTY CROP RESEARCH INITIATIVE.— (7 U.S.C. 8110(b)) is amended in paragraphs $22,000,000 for the period of fiscal years 2008 Section 412(h) of the Agricultural Research, Ex- (1)(A) and (2)(A) by striking ‘‘2012’’ each place through 2012. tension, and Education Reform Act of 1998 (7 it appears and inserting ‘‘2013’’. ‘‘(2) FISCAL YEAR 2013.—There is authorized to U.S.C. 7632(h)) is amended— (10) BIOMASS CROP ASSISTANCE PROGRAM.— be appropriated to carry out this section (A) in the heading of paragraph (1), by strik- Section 9011(f) of the Farm Security and Rural $22,000,000 for fiscal year 2013, to remain avail- ing ‘‘IN GENERAL’’ and inserting ‘‘MANDATORY Investment Act of 2002 (7 U.S.C. 8111(f)) is able until expended.’’. FUNDING FOR FISCAL YEARS 2008 THROUGH 2012’’; amended— (4) ORGANIC PRODUCTION AND MARKET DATA (B) in the heading of paragraph (2), by insert- (A) by striking ‘‘(f) FUNDING.—Of the funds’’ INITIATIVES.—Section 7407(d) of the Farm Secu- ing ‘‘FOR FISCAL YEARS 2008 THROUGH 2012’’ after and inserting ‘‘(f) FUNDING.— rity and Rural Investment Act of 2002 (7 U.S.C. ‘‘APPROPRIATIONS’’; ‘‘(1) FISCAL YEARS 2008 THROUGH 2012.—Of the 5925c(d)) is amended— (C) by redesignating paragraphs (3) and (4) as funds’’; and (A) in the heading of paragraph (1), by strik- paragraphs (4) and (5), respectively; and (B) adding at the end the following: ing ‘‘IN GENERAL’’ and inserting ‘‘MANDATORY (D) by inserting after paragraph (2) the fol- ‘‘(2) FISCAL YEAR 2013.— FUNDING THROUGH FISCAL YEAR 2012’’; lowing: ‘‘(A) IN GENERAL.—There is authorized to be (B) in the heading of paragraph (2), by strik- ‘‘(3) FISCAL YEAR 2013.—There is authorized to appropriated to carry out this section $20,000,000 ing ‘‘ADDITIONAL FUNDING’’ and inserting ‘‘DIS- be appropriated to carry out this section for fiscal year 2013. CRETIONARY FUNDING FOR FISCAL YEARS 2008 $100,000,000 for fiscal year 2013.’’. ‘‘(B) MULTIYEAR CONTRACTS.—For each THROUGH 2012’’; and (3) BEGINNING FARMER AND RANCHER DEVELOP- multiyear contract entered into by the Secretary (C) by adding at the end the following: MENT PROGRAM.—Section 7405(h) of the Farm during a fiscal year under this paragraph, the ‘‘(3) FISCAL YEAR 2013.—There is authorized to Security and Rural Investment Act of 2002 (7 Secretary shall ensure that sufficient funds are be appropriated to carry out this section U.S.C. 3319f(h)) is amended— obligated from the amounts appropriated for $5,000,000, to remain available until expended.’’. (A) in the heading of paragraph (1), by strik- that fiscal year to fully cover all payments re- (h) OUTREACH AND TECHNICAL ASSISTANCE FOR ing ‘‘IN GENERAL’’ and inserting ‘‘MANDATORY quired by the contract for all years of the con- SOCIALLY DISADVANTAGED FARMERS OR RANCH- FUNDING FOR FISCAL YEARS 2009 THROUGH 2012’’; tract.’’. ERS.—Section 2501(a)(4) of the Food, Agri- (B) in the heading of paragraph (2), by insert- (11) FOREST BIOMASS FOR ENERGY.—Section culture, Conservation, and Trade Act of 1990 (7 ing ‘‘FOR FISCAL YEARS 2008 THROUGH 2012’’ after 9012(d) of the Farm Security and Rural Invest- U.S.C. 2279(a)(4)) is amended— ‘‘APPROPRIATIONS’’; and ment Act of 2002 (7 U.S.C. 8112(d)) is amended (1) in the heading of subparagraph (A), by (C) by adding at the end the following: by striking ‘‘2012’’ and inserting ‘‘2013’’. striking ‘‘IN GENERAL’’ and inserting ‘‘FISCAL ‘‘(3) FISCAL YEAR 2013.—There is authorized to (12) COMMUNITY WOOD ENERGY PROGRAM.— YEARS 2009 THROUGH 2012’’; be appropriated to carry out this section Section 9013(e) of the Farm Security and Rural (2) by redesignating subparagraphs (B) and $30,000,000 for fiscal year 2013.’’. Investment Act of 2002 (7 U.S.C. 8113(e)) is (C) as subparagraphs (C) and (D), respectively; (f) ENERGY PROGRAMS.— amended by striking ‘‘2012’’ and inserting (3) by inserting after subparagraph (A) the (1) BIOBASED MARKETS PROGRAM.—Section ‘‘2013’’. following: 9002(h) of the Farm Security and Rural Invest- (g) HORTICULTURE AND ORGANIC AGRICULTURE ‘‘(B) FISCAL YEAR 2013.—There is authorized to ment Act of 2002 (7 U.S.C. 8102(h)) is amended PROGRAMS.— be appropriated to carry out this section in paragraph (2) by striking ‘‘2012’’ and insert- (1) FARMERS MARKET PROMOTION PROGRAM.— $20,000,000 for fiscal year 2013.’’; ing ‘‘2013’’. Section 6(e) of the Farmer-to-Consumer Direct (4) in subparagraph (C) (as so redesignated), (2) BIOREFINERY ASSISTANCE.—Section Marketing Act of 1976 (7 U.S.C. 3005(e)) is by striking ‘‘subparagraph (A)’’ and inserting 9003(h)(2) of the Farm Security and Rural In- amended— ‘‘subparagraph (A) or (B)’’; and vestment Act of 2002 (7 U.S.C. 8103(h)(2)) is (A) in the heading of paragraph (1), by strik- (5) in subparagraph (D) (as so redesignated), amended by striking ‘‘2012’’ and inserting ing ‘‘IN GENERAL’’ and inserting ‘‘FISCAL YEARS by striking ‘‘subparagraph (A)’’ and inserting ‘‘2013’’. 2008 THROUGH 2012’’; ‘‘subparagraph (A) or (B)’’. (3) REPOWERING ASSISTANCE.—Section (B) by redesignating paragraphs (2), (3), and (i) EXCEPTIONS.— 9004(d)(2) of the Farm Security and Rural In- (4) as paragraphs (3), (4), and (5), respectively; (1) IN GENERAL.—Subsection (a) does not vestment Act of 2002 (7 U.S.C. 8104(d)(2)) is (C) by inserting after paragraph (1) the fol- apply with respect to mandatory funding pro- amended by striking ‘‘2012’’ and inserting lowing: vided by programs authorized by provisions of ‘‘2013’’. ‘‘(2) FISCAL YEAR 2013.—There is authorized to law amended by subsections (d) through (h). (4) BIOENERGY PROGRAM FOR ADVANCED be appropriated to carry out this section (2) CONSERVATION.—Subsection (a) does not BIOFUELS.—Section 9005(g)(2) of the Farm Secu- $10,000,000 for fiscal year 2013.’’; apply with respect to the programs specified in rity and Rural Investment Act of 2002 (7 U.S.C. (D) in paragraph (3) (as so redesignated), by paragraphs (3)(B), (4), (6), and (7) of section 8105(g)(2)) is amended by striking ‘‘2012’’ and striking ‘‘paragraph (1)’’ and inserting ‘‘para- 1241(a) of the Food Security Act of 1985 (16 inserting ‘‘2013’’. graph (1) or (2)’’; and U.S.C. 3841(a)), relating to the conservation (5) BIODIESEL FUEL EDUCATION PROGRAM.— (E) in paragraph (5) (as so redesignated), by stewardship program, farmland protection pro- Section 9006 of the Farm Security and Rural In- striking ‘‘paragraph (2)’’ and inserting ‘‘para- gram, environmental quality incentives pro- vestment Act of 2002 (7 U.S.C. 8106) is amended graph (3)’’. gram, and wildlife habitat incentives program, by striking subsection (d) and inserting the fol- (2) NATIONAL CLEAN PLANT NETWORK.—Section for which program authority was extended lowing: 10202(e) of the Food, Conservation, and Energy through fiscal year 2014 by section 716 of Public ‘‘(d) FUNDING.— Act of 2008 (7 U.S.C. 7761(e)) is amended— Law 112–55 (125 Stat. 582).

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(3) TRADE.—Subsection (a) does not apply (2) in subsection (c)— (c) POSTPONEMENT OF BUDGET CONTROL ACT with respect to the following provisions of law: (A) in paragraph (1), by striking ‘‘use such SEQUESTER FOR FISCAL YEAR 2013.—Section (A) Section 3206 of the Food, Conservation, sums as are necessary from the Trust Fund to’’; 251A of the Balanced Budget and Emergency and Energy Act of 2008 (7 U.S.C. 1726c) relating and Deficit Control Act of 1985 is amended— to the use of Commodity Credit Corporation (B) by adding at the end the following: (1) in paragraph (4), by striking ‘‘January 2, funds to support local and regional food aid ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 2013’’ and inserting ‘‘March 1, 2013’’; and procurement projects. There is authorized to be appropriated to carry (2) in paragraph (7)(A), by striking ‘‘January (B) Section 3107(l)(1) of the Farm Security and out this subsection $80,000,000 for each of fiscal 2, 2013’’ and inserting ‘‘March 1, 2013’’. Rural Investment Act of 2002 (7 U.S.C. 1736o– years 2012 and 2013.’’; (d) ADDITIONAL ADJUSTMENTS.— 1(l)(1)) relating to the use of Commodity Credit (3) in subsection (d)— (1) SECTION 251.—Paragraphs (2) and (3) of Corporation funds to carry out the McGovern- (A) in paragraph (2), by striking ‘‘use such section 251(c) of the Balanced Budget and Emer- Dole International Food for Education and sums as are necessary from the Trust Fund to’’; gency Deficit Control Act of 1985 are amended to Child Nutrition Program. and read as follows: ‘‘(2) for fiscal year 2013— (4) SURVEY OF FOODS PURCHASED BY SCHOOL (B) by adding at the end the following: ‘‘(A) for the security category, as defined in FOOD AUTHORITIES.—Subsection (a) does not ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— section 250(c)(4)(B), $684,000,000,000 in budget apply with respect to section 4307 of the Food, There is authorized to be appropriated to carry out this subsection $400,000,000 for each of fiscal authority; and Conservation, and Energy Act of 2008 (Public ‘‘(B) for the nonsecurity category, as defined years 2012 and 2013.’’; Law 110–246; 122 Stat. 1893) relating to the use in section 250(c)(4)(A), $359,000,000,000 in budget of Commodity Credit Corporation funds for a (4) in subsection (e)— (A) in paragraph (1), by striking ‘‘use up to authority; survey and report regarding foods purchased by ‘‘(3) for fiscal year 2014— school food authorities. $50,000,000 per year from the Trust Fund to’’; ‘‘(A) for the security category, $552,000,000,000 (5) RURAL DEVELOPMENT.—Subsection (a) does and in budget authority; and not apply with respect to the following provi- (B) by adding at the end the following: ‘‘(B) for the nonsecurity category, sions of law: ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— $506,000,000,000 in budget authority;’’. (A) Section 379E(d)(1) of the Consolidated There is authorized to be appropriated to carry (e) 2013 SEQUESTER.—On March 1, 2013, the Farm and Rural Development Act (7 U.S.C. out this subsection $50,000,000 for each of fiscal President shall order a sequestration for fiscal 2008s(d)(1)), relating to funding of the rural years 2012 and 2013.’’; year 2013 pursuant to section 251A of the Bal- microentrepreneur assistance program. (5) in subsection (f)— anced Budget and Emergency Deficit Control (B) Section 6029 of the Food, Conservation, (A) in paragraph (2)(A), by striking ‘‘use such Act of 1985, as amended by this section, pursu- and Energy Act of 2008 (Public Law 110–246; 122 sums as are necessary from the Trust Fund to’’; ant to which, only for the purposes of the cal- Stat. 1955) relating to funding of pending rural and culation in sections 251A(5)(A), 251A(6)(A), and development loan and grant applications. (B) by adding at the end the following: 251A(7)(A), section 251(c)(2) shall be applied as (C) Section 231(b)(7)(A) of the Agricultural ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— if it read as follows: Risk Protection Act of 2000 (7 U.S.C. There is authorized to be appropriated to carry ‘‘(2) For fiscal year 2013— 1632a(b)(7)(A)), relating to funding of value- out this subsection $20,000,000 for each of fiscal ‘‘(A) for the security category, $544,000,000,000 added agricultural market development program years 2012 and 2013.’’; and in budget authority; and grants. (6) in subsection (i), by inserting ‘‘or, in the ‘‘(B) for the nonsecurity category, (D) Section 375(e)(6)(B) of the Consolidated case of subsections (c) through (f), September 30, $499,000,000,000 in budget authority;’’. Farm and Rural Development Act (7 U.S.C. 2013’’ after ‘‘2011,’’. SEC. 902. AMOUNTS IN APPLICABLE RETIREMENT 2008j(e)(6)(B)) relating to the use of Commodity (b) EFFECTIVE DATE.—The amendments made PLANS MAY BE TRANSFERRED TO Credit Corporation funds for the National Sheep by subsection (a) shall take effect on October 1, DESIGNATED ROTH ACCOUNTS Industry Improvement Center. 2012. WITHOUT DISTRIBUTION. (a) IN GENERAL.—Section 402A(c)(4) is amend- (6) MARKET LOSS ASSISTANCE FOR ASPARAGUS TITLE VIII—MISCELLANEOUS PROVISIONS ed by adding at the end the following: PRODUCERS.—Subsection (a) does not apply with SEC. 801. STRATEGIC DELIVERY SYSTEMS. ‘‘(E) SPECIAL RULE FOR CERTAIN TRANSFERS.— respect to section 10404(d) of the Food, Con- (a) IN GENERAL.—Paragraph 3 of section In the case of an applicable retirement plan servation, and Energy Act of 2008 (Public Law 495(c) of title 10, United States Code,, as added which includes a qualified Roth contribution 110–246; 122 Stat. 2112). by section 1035 of the National Defense Author- program— (7) SUPPLEMENTAL AGRICULTURAL DISASTER ization Act for Fiscal Year 2013, is amended— ‘‘(i) the plan may allow an individual to elect ASSISTANCE.—Subsection (a) does not apply with (1) by striking ‘‘that’’ before ‘‘the Russian to have the plan transfer any amount not other- respect to section 531 of the Federal Crop Insur- Federation’’ and inserting ‘‘whether’’; and wise distributable under the plan to a des- ance Act (7 U.S.C. 1531) and title IX of the (2) by inserting ‘‘strategic’’ before ‘‘arms con- ignated Roth account maintained for the benefit Trade Act of 1974 (19 U.S.C. 2497 et seq.) relat- trol obligations’’. of the individual, ing to the provision of supplemental agricultural (b) EFFECTIVE DATE.—The amendments made ‘‘(ii) such transfer shall be treated as a dis- disaster assistance. by subsection (a) shall take effect as if included tribution to which this paragraph applies which (8) PIGFORD CLAIMS.—Subsection (a) does not in the enactment of the National Defense Au- was contributed in a qualified rollover contribu- apply with respect to section 14012 of the Food, thorization Act for Fiscal Year 2013. tion (within the meaning of section 408A(e)) to Conservation, and Energy Act of 2008 (Public SEC. 802. NO COST OF LIVING ADJUSTMENT IN such account, and Law 110–246; 122 Stat. 2209) relating to deter- PAY OF MEMBERS OF CONGRESS. ‘‘(iii) the plan shall not be treated as violating mination on the merits of Pigford claims. Notwithstanding any other provision of law, the provisions of section 401(k)(2)(B)(i), (9) HEARTLAND, HABITAT, HARVEST, AND HOR- no adjustment shall be made under section 403(b)(7)(A)(i), 403(b)(11), or 457(d)(1)(A), or of TICULTURE ACT OF 2008.—Subsection (a) does not 601(a) of the Legislative Reorganization Act of section 8433 of title 5, United States Code, solely apply with respect to title XV of the Food, Con- 1946 (2 U.S.C. 31) (relating to cost of living ad- by reason of such transfer.’’. servation, and Energy Act of 2008 (Public Law justments for Members of Congress) during fiscal (b) EFFECTIVE DATE.—The amendment made 110–246; 122 Stat. 2246), and amendments made year 2013. by this section shall apply to transfers after De- by that title, relating to the provision of supple- TITLE IX—BUDGET PROVISIONS cember 31, 2012, in taxable years ending after mental agricultural disaster assistance under such date. title IX of the Trade Act of 1974 (19 U.S.C. 2497 Subtitle A—Modifications of Sequestration Subtitle B—Budgetary Effects et seq.), certain revenue and tax provisions, and SEC. 901. TREATMENT OF SEQUESTER. certain trade benefits and other matters. (a) ADJUSTMENT.—Section 251A(3) of the Bal- SEC. 911. BUDGETARY EFFECTS. CORECARD (j) EFFECTIVE DATE.—Except as otherwise pro- anced Budget and Emergency Deficit Control (a) PAYGO S .—The budgetary ef- vided in this section, this section and the Act of 1985 is amended— fects of this Act shall not be entered on either amendments made by this section take effect on (1) in subparagraph (C), by striking ‘‘and’’ PAYGO scorecard maintained pursuant to sec- the earlier of— after the semicolon; tion 4(d) of the Statutory Pay-As-You-Go Act of (1) the date of the enactment of this Act; or (2) in subparagraph (D), by striking the pe- 2010. (2) September 30, 2012. riod and inserting‘‘ ; and’’; and (b) SENATE PAYGO SCORECARD.—The budg- etary effects of this Act shall not be entered on SEC. 702. SUPPLEMENTAL AGRICULTURAL DIS- (3) by inserting at the end the following: ASTER ASSISTANCE. ‘‘(E) for fiscal year 2013, reducing the amount any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Con- (a) IN GENERAL.—Section 531 of the Federal calculated under subparagraphs (A) through Crop Insurance Act (7 U.S.C. 1531) is amended— (D) by $24,000,000,000.’’. gress). Amend the title so as to read: ‘‘An Act en- (1) in subsection (a)(5)— (b) AFTER SESSION SEQUESTER.—Notwith- (A) in the matter preceding clause (i), by standing any other provision of law, the fiscal titled the ‘American Taxpayer Relief Act of 2012’.’’. striking the first ‘‘under’’; and year 2013 spending reductions required by sec- (B) by redesignating clauses (i) through (iii) tion 251(a)(1) of the Balanced Budget and Emer- MOTION TO CONCUR as subparagraphs (A), (B), and (C), respectively, gency Deficit Control Act of 1985 shall be evalu- The SPEAKER pro tempore. The and indenting appropriately; ated and implemented on March 27, 2013. Clerk will designate the motion.

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18603 The text of the motion is as follows: that the U.S. has the highest corporate while protecting 98 percent of families. Mr. Camp moves that the House concur in tax rate in the OECD and an outdated That’s right, that’s what it does. And the Senate amendments to H.R. 8. system of taxation, and it’s not too dif- 97 percent—I want to emphasize this, The SPEAKER pro tempore. Pursu- ficult to imagine why many don’t view contrary to propaganda coming from ant to House Resolution 844, the mo- America as an attractive place to in- the other side, 97 percent of small busi- tion shall be debatable for 1 hour, vest and hire. nesses from any tax increase. equally divided and controlled by the Nothing about the bill we’re consid- And, lastly—and this needs to be em- chair and ranking minority member of ering tonight changes any of those re- phasized especially in view, Mr. Chair- the Committee on Ways and Means. alities. That’s why the Ways and man, of your comments—this package The gentleman from Michigan (Mr. Means Committee will pursue com- is vital for future deficit reduction ef- CAMP) and the gentleman from Michi- prehensive tax reform in the next Con- forts, setting the stage for a balanced gan (Mr. LEVIN) each will control 30 gress. So by making Republican tax approach from here on out by delaying minutes. cuts permanent, we’re one step closer sequestration through 1–1 revenue to The Chair recognizes the gentleman to comprehensive tax reform that will spending cuts. from Michigan (Mr. CAMP). help strengthen our economy and cre- Yesterday, President Obama again GENERAL LEAVE ate more and higher paychecks for said he is committed to deficit reduc- Mr. CAMP. Mr. Speaker, I ask unani- American workers. tion, but he emphasized several times, mous consent that all Members may I urge my colleagues to support this and I quote: have 5 legislative days in which to re- bill and get us one step closer to tax re- We’ve got to do this in a balanced, respon- form. sible way with additional revenues as well as vise and extend their remarks and to spending cuts, so I urge its passage. include extraneous material on H.R. 8. I reserve the balance of my time. The SPEAKER pro tempore. Is there Mr. LEVIN. Mr. Speaker, I yield my- This bill sets the important prece- dent I mentioned in terms of additional objection to the request of the gen- self such time as I may consume. This revenues as well as spending cuts. The tleman from Michigan? is a bipartisan bill, and I will try to There was no objection. keep it within that spirit to the extent time is urgent. The time is now. We Mr. CAMP. Mr. Speaker, I yield my- possible. should support this legislation. I reserve the balance of my time. self such time as I may consume. As we are here today on January 1, Mr. CAMP. At this time, I yield 3 Mr. Speaker, I rise today to urge hours away from Americans returning minutes to the gentleman from Cali- what a colleague from Georgia called a to work, markets reopening around the fornia (Mr. ISSA), the distinguished legacy vote—making permanent the world, and all eyes focusing on whether chairman of the Oversight and Govern- tax cuts Republicans enacted back in this institution can govern, this legis- ment Reform Committee. 2001 and 2003. I couldn’t agree more, lation allows us to get done what we Mr. ISSA. Mr. Speaker, I’d like to be and let me say why: because we’re need to get done. speaking for this bill, but I can’t. In making permanent tax policies Repub- b 2150 the 12 years, almost to the day, that licans originally crafted. I’ve served in this body, I’ve voted for This bill is vital for our Nation’s eco- Now back then, despite having a ma- every tax cut, every tax cut. And I re- nomic well-being and, I want to empha- jority in the House, a majority in the member many of my colleagues, many size, for its standing as the world’s Senate, and a Republican in the White of them friends to my right here, who, most important economy. It is vital for House, those policies were only tem- each time we voted for them said, 114 million middle class families whose porary. That’s because Democrats re- where is the PAYGO? Where is the pay- tax cuts are made permanent. It’s vital fused to join Republicans in providing for? tax relief for working families. Well, for 2 million unemployed American Well, Mr. Speaker, there’s $4 trillion after more than a decade of criticizing workers who need continuation of their of new debt and deficit and there’s no these tax cuts, Democrats are finally insurance while they continue to look pay-for, and there’s no anticipation of joining with Republicans in making for work. a pay-for. these tax cuts permanent. Republicans It is vital for 30 million middle-in- In the last night, or the last 2 days, and the American people are getting come Americans who otherwise would of a Congress, to say that 2 months something really important—perma- have been hit by the alternative min- from now a new Congress is going to do nent tax relief. imum tax. And it’s vital for 25, and I what we’re not doing here today is not As big as that is, and it’s only the emphasize this, 25 million working something I can bring myself to do. first step when it comes to taxes, this families and students who benefit from I would like to vote for this because legislation settles the level of revenue the Child Tax Credit, the Earned In- I do vote for lower taxes. I want Ameri- Washington should bring in. Next, we come Tax Credit and the American Op- cans to have lower taxes. But the other need to make the Tax Code simpler and portunity Tax Credit, which helps fam- day, in conference, one of my col- fairer for families and small busi- ilies pay for college. leagues pointed out that if, in fact, nesses, and we need to pursue com- And it’s vital for physicians and mil- you’re spending the money, you’re tax- prehensive and fundamental tax reform lions of their patients who would have ing our future generation. to create the jobs we need and to make been hurt by drastic cuts in Medicare We are taxing $1.2 trillion next year. American businesses and workers com- reimbursement rates. It’s also vital for We are taxing $1.2 trillion. We won’t petitive in the global marketplace. businesses, through an extension of im- collect it, but we are taxing $1.2 tril- Simply put, the Tax Code is a night- portant tax provisions such as the R&D lion of deficit. mare. It’s too complex, too time-con- credit, and also renewable energy in- The chairman of the Ways and Means suming, and too costly. About 60 per- centives that must continue in this Committee, Mr. CAMP, rightfully so cent of individual taxpayers have to great country of ours, and bonus depre- said we’re also not simplifying the Tax hire others to do their tax returns be- ciation to encourage business invest- Code. We’re not making it better or cause the code is too complicated. As a ments. fairer. We’re not getting rid of the result, if tax compliance were an indus- But I want to emphasize this, some- NASCAR loophole. We’re not getting try, it would be one of the largest in what in contrast to what our chairman rid of the electric motor scooter low- the United States and would consume has said: this legislation breaks the speed loophole. We’re not getting rid of 6.1 billion hours, the equivalent of iron barrier that for far too long has a whole lot of tax things that are here. more than 3 million full-time workers. prevented additional tax revenues from But most importantly, we’re not tak- And yes, it’s too costly. In 2008 alone, the very wealthiest. It raises $620 bil- ing things that the President himself taxpayers spent $163 billion complying lion in revenue by achieving the Presi- said he would be for, like getting the with the individual and corporate in- dent’s goal of asking the wealthiest 2 calculation of chained CPI, of the con- come tax rules. Add to that the fact percent of Americans to pay more, sumer price index for Social Security

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You balance the equi- good way for us to have a happy start cannot believe that this tax cut will, in ties. to a new year by taking this first step. fact, be followed with a spending cut to Where do you come out in terms of I hope that as, again, you balance the offset any part of the $4 trillion we’re making a choice? equities, the pros and cons of this legis- lation, that you will weigh heavily in putting on the backs of future genera- b 2200 tions. favor of the message that it sends to So I thank all of you who will vote I hope we will reflect the will and the kitchen tables of America about for it. I cannot bring myself to vote for heed the call of the American people to the respect we have for them in meet- it tonight. work together and follow the lead of ing their needs, meeting their chal- Mr. LEVIN. I yield myself 15 seconds. the Senate with strong bipartisan sup- lenges, honoring their aspirations. This We Democrats sat on Ways and port. What do they want us to do? great middle class is the backbone of Means, time after time, when Repub- What are their priorities? They want our democracy. Let us all be very pa- licans passed tax cuts and never us to create jobs. They want us to grow triotic tonight and support our middle brought $1 to the table to pay for it. the economy. They want us to invest in class and support our democracy. Vote They thought that that was the way to education. They want us to reduce the ‘‘aye’’ on this strong bipartisan legisla- promote economic growth. How wrong deficit. They want us to strengthen the tion which passed 89–8 in the United they were. middle class. And that is what this leg- States Senate. Let’s step up to the It’s now my privilege to yield 1 islation does. It does so in a way that plate to do that in the House of Rep- minute to a person who has the title is not complete but is an important resentatives. first step. I urge my colleagues to vote ‘‘aye.’’ ‘‘leader,’’ but who has been so much Mr. CAMP. Mr. Speaker, I yield my- more than a titular leader, who has We talked much about the gloom and doom of what would happen if we went self 45 seconds. valiantly led our efforts, and we owe to This is the first step. And now that over the cliff. Well, let’s talk instead NANCY PELOSI a real debt of gratitude we have permanently settled how much about what happens if we don’t go over for our being where we are today. revenue the government is going to With real pleasure, I yield 1 minute the cliff. And I believe that we will not, take out of the economy, we can move to our distinguished leader, the gentle- seeing the vote on the rule this on to next steps. We can and will pur- woman from California (Ms. PELOSI). evening. I believe that we will heed the sue comprehensive tax reform this Ms. PELOSI. I thank the gentleman American people and come together year, in 2013, and next steps. We need for yielding. I thank him for his great with a strong vote. to address the fundamental driver of leadership as our ranking member on By voting for this legislation and our deficits and debt, and that is out- the Ways and Means Committee and passing it in a strong way we’ll in- of-control spending. for bringing the clarity to our thinking crease the confidence of consumers, of I urge support for this bill, and I re- on this important subject that we are the markets, of businesses, of employ- serve the balance of my time. dealing with this evening. ers to hire more. We will extend unem- Mr. LEVIN. I yield myself 15 seconds. My colleagues, many of us this morn- ployment insurance to people who have I just don’t want the chairman’s ing began the day with the Vice Presi- lost their jobs through no fault of their statement that this settles perma- dent of the United States coming to own. This is very, very important not nently how much revenue will be made the Democratic Caucus and speaking to only to those individuals, but to our available. The President has made us about legislation that passed the economy, because this is money that is clear there has to be a balanced ap- Senate last night 89–8. That is abso- spent immediately injecting demand proach, and no one should be misled lutely historic. It was legislation that into the economy, creating jobs. into thinking otherwise, no one. he helped negotiate, working with the We’ll extend permanent tax relief for I yield 2 minutes to the distinguished Republican and Democratic leaders in the middle class—more than 98 percent gentleman from New York (Mr. RAN- the United States Senate. of the American taxpayers, more than GEL). It was a remarkable accomplishment 97 percent of America’s small busi- Mr. RANGEL. This is no profile in courage for me to be voting for this because, as we all know, while we share nesses. We will support our middle bill. It reminds me of the joke we use the same goals, we sometimes have dif- class and strengthen it by supporting to have on Lennox Avenue, where ferent paths to achieving them; and the child tax credits, tax credits for someone stopped hitting you on the reconciling our differences was a mon- higher education, the American oppor- head with a hammer and you’re sup- tunity tax credit, the earned income umental task, especially with the time posed to say, ‘‘Thank you so much for tax credit, and the like. growing short. the relief.’’ So we appreciate the leadership of Our distinguished ranking member We created this monster. We’re the the Vice President. We appreciate the went through some of the provisions, ones that have said—at least the Con- leadership of the Republican and but it’s important to see them in light gress has said in the majority in the Democratic leaders in the Senate, and of what they mean to America’s work- House—do what you have to do but, for we thank Speaker BOEHNER for bring- ing families. By voting for this agree- God’s sake, don’t ask the top 2 percent ing this legislation to the floor. ment, we will demonstrate that we of the wealthiest people in this civ- Hopefully, we can duplicate the have listened to the American people ilized country to pay their fair share. strong bipartisan vote that the legisla- and we have heeded their call, once And while you’re thinking about tax- tion received in the United States Sen- again, to work together in a bipartisan ing people, why don’t you start talking ate. And why is that important? way. about cutting people off from unem- It’s important because the American I want to salute President Obama. He ployment compensation? Why don’t people told us in the election they campaigned on strengthening the mid- you think about not providing so much wanted us to work together. They have dle class—I think all of us probably for the sick and the aged? Why don’t their differences too. They understand did—and this is one way for us to fulfill you start privatizing these things? disagreement. They also understand that promise. I don’t know any piece of This was not the America that I compromise, and that is what this leg- legislation that I’ve ever voted for that knew when I came to the Congress. islation represents. did everything that I thought it should This was something that a handful of I listened attentively to the previous do, but this is a very, very strong first people from nowhere came here and speaker who said he was voting for the step as we go into the new year. Let us started preaching that we had to de- bill for what was not in it. That’s an send a message to the American people stroy Big Government and the vulner- interesting approach. We can judge all that, again, while this bill doesn’t ac- able who had no lobbyists, who had no

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18605 one to come to, were saved by us, by Now, this represents a reasonable Mr. BLUMENAUER. It’s probably responsible people who came together step forward tonight. And I want to say going to pass with overwhelming bipar- and said, basically, Have you lost your with some personal satisfaction that tisan support. So be it. I can only hope mind? What are you doing? How can I’m delighted with what we have fi- that, in that spirit of taking a risk on you go home and tell the people this is nally done to put to rest the alter- both sides of the aisle—and both par- what you created? native minimum tax. ties and the administration—that the And so we paused and common sense b 2210 administration and the new Congress has prevailed, and we can at least go gets serious about reform and deliv- back home and say, Not now, but A million families in Massachusetts ering services more cost-effectively in they’re coming again. were threatened with alternative min- ways, ironically, that people on both They have all types of words that imum tax. It was the responsible posi- sides of the aisle agree with that are they’re using, like the debt ceiling, but tion tonight. But I want to give you a absent in this proposal. all it means is that they’re coming number. You know what these patches Mr. CAMP. I continue to reserve the after us and they’re coming after the have cost us? $2.2 trillion over the life balance of my time. President. They’ll be talking about se- of AMT. The theology that we heard Mr. LEVIN. I now yield 2 minutes to questration. What will it mean? Cut- that was so popular in this institu- another member of the Ways and ting benefits from people that need tion—tax cuts pay for themselves—you Means Committee, the gentleman from them the most. can’t find a mainstream economist New Jersey (Mr. PASCRELL). And with all due regards to the other today in America that will acknowl- Mr. PASCRELL. The American peo- body for once doing what the House edge that problem. ple are the real winners here tonight, could not get together in doing, we This is a reasonable step forward. not anyone who navigates these halls. never even saw how they paid for some Vote for this measure, and let’s get on Let’s make that clear. of these things, things that we would to fundamental tax reform. We don’t have a perfect bill in front have handled differently when we had Mr. CAMP. I reserve the balance of of us—in fact, we’ve never had a perfect to pay for those doctors who work very my time. bill in front of us—but this is a bill Mr. LEVIN. I yield 2 minutes to the hard for the Medicare. And people say, which will provide much needed cer- gentleman from Oregon (Mr. BLU- Well, how are you paying for them? tainty to millions of middle class And everyone had amnesia in not MENAUER). Mr. BLUMENAUER. This evening, American families that their income knowing. Well, after it’s over, they’ll taxes will not increase. get paid, but this Congress will make we’re expected to vote on an item that has many commendable and important Since the recession in 2008, there has certain that the providers of health been a 25 percent increase in the num- care are not penalized for this Congress items. Unfortunately, too many are of short duration, much is left out, and ber of families below the poverty line doing the right thing. in my home State of New Jersey. I’m Mr. CAMP. I yield 30 seconds to the most importantly we’re losing a real sure we’ll see more as a result of the distinguished gentleman from Texas opportunity for reform. devastation of Hurricane Sandy. Lest (Mr. GOHMERT). The SGR is left in a year to torment Mr. GOHMERT. I just wanted to medical providers again. The AMT, I’m we forget before tomorrow that we thank so many on the other side after pleased, is patched—I appreciate the need to respond to that storm as all of all these years for finally acknowl- advocacy of my friend, Mr. NEAL. But, us responded to the other catastrophes edging publicly that 98 percent of the in fact, we all know that it should, at over the past 10 to 15 years. We should Bush tax cuts helped the middle class. a minimum, be reformed, if not re- not have exceptions, particularly from Mr. LEVIN. I will yield to my temp- pealed. those States who are donor States. If tation to respond, and I will now yield We have a body blow to the alter- you want to get into nickels and dimes, 2 minutes to another distinguished native energy industry, and somehow then let’s get into nickels and dimes. gentleman, a member of our com- it’s given a year’s reprieve, but it’s not We’ve done our share and will continue mittee, Mr. NEAL of Massachusetts. what they need or what they deserve. to do it. We want everybody to step up Mr. NEAL. Thank you, Mr. LEVIN. And because we refuse, at a moment of to the plate. At this late hour, let me point some- opportunity, to deal meaningfully with We’ve been able to help families in thing out and take exception to what the national debt—and remember, the need by extending the earned income Chairman CAMP said at the outset of budget from my Republican friends, au- tax credit to 563,000 New Jersey tax- his remarks. We’re here tonight be- thored by my colleague, Mr. RYAN, payers, who will earn an average of cause, despite what the gentleman would have required $6 trillion head- $2,169 more because of the program. We from Texas just said as well, you can’t room in the debt ceiling. have also helped 460,000 New Jersey cut taxes by $2.3 trillion over 12 years Now, we cannot continue to have the families take advantage of the child and fight two wars. world’s largest and most expensive tax credit. Many of you, regardless of When you heard the argument before military by far, the lowest taxes of any which State you come from, your con- that was so popular, ‘‘It’s the people’s of the major economies, the most ex- stituents have taken advantage of that money; it’s going to promote economic pensive and inefficient health care, and great program. Almost 400,000 have growth,’’ the most anemic economic continue to allow our country’s infra- been able to use the education tax growth America’s had since Hoover be- structure to fall apart while America credits. came President, do you know what’s ages and grows. Lest we forget what we’ve done on the people’s responsibility? Those vet- This proposal represents absolutely the alternative minimum tax, the erans’ hospitals. We have 1.7 million the least we could have done under chairman of the Ways and Means Com- new veterans and 45,000 wounded. Do these circumstances and, tragically, in- mittee will tell you how many times you know what the Republican whip stitutionalizes for the next Congress alternative minimum tax comes up, said during those crucial years? Cut- the madness around here of short-term and yet we did nothing about it, push- ting taxes in a time of war is patriotic. frenzy around self-inflicted deadlines ing it patch to patch, year to year. In So much for sacrifice for all of us. that have no reality to them. That just one county in my district, 87 per- When you look back into how we got drives the American public crazy, and cent of the families have been affected. to this problem—revenue at 15 percent with good reason. The SPEAKER pro tempore. The of GDP—that’s an Eisenhower figure Not only can we do better, I would time of the gentleman has expired. headed toward Truman. We’ve argued suggest that we must do better. Mr. LEVIN. I yield the gentleman an in this town about 19 to 21 percent for The SPEAKER pro tempore. The additional 30 seconds. the better part of 30 years. Fifteen per- time of the gentleman has expired. Mr. PASCRELL. I ask to have a cent of revenue with GDP, 12 years of Mr. LEVIN. I yield the gentleman an ‘‘yea’’ vote on this legislation so we tax cuts. additional 20 seconds. can all be proud and be happy for a

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18606 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 change when we wake up in the morn- Mr. CAMP. Mr. Speaker, I would ad- church on Sunday, I know that I will ing. vise the gentleman that I am prepared see people with the assurance that Mr. CAMP. I continue to reserve the to close. pretty soon an unemployment check is balance of my time. Mr. LEVIN. I now yield 1 minute to in the mail. And that’s one of the rea- Mr. LEVIN. I now yield 2 minutes to the gentleman from New York (Mr. sons that, yes, I will vote for this bill, the gentlewoman from Pennsylvania ENGEL). because it’s good legislation. People (Ms. SCHWARTZ), our colleague-to-be on Mr. ENGEL. Mr. Speaker, I rise need it right now—not next year, not Ways and Means. today to support this bill because es- next month, and not next week. Ms. SCHWARTZ. I rise this evening sentially we have two choices here: We Mr. LEVIN. I now, with pleasure, in strong support of the Jobs Protec- either vote for this bill and we prevent yield 3 minutes to another member of tion and Recession Prevention Act of us from going over the cliff, or we go our leadership, the gentleman from 2012. By passing this bill, Congress pro- over the cliff. That would certainly South Carolina (Mr. CLYBURN). vides economic security and certainty wreak havoc with the market and with Mr. CLYBURN. Mr. Speaker, I thank for middle class families. everything else. the gentleman for yielding me the This legislation, which passed the time. Senate with overwhelming bipartisan b 2220 Mr. Speaker, it’s tempting to say it’s support, permanently extends tax cuts But it never should have come to about time the House put aside ex- for 99 percent of American families and this. We should have been negotiating treme partisanship and work together small businesses, it protects seniors’ and passing a balanced bill. The Amer- on compromise to address the Nation’s access to doctors, it expands afford- ican people are really fed up with what most pressing issues. But, in reality, it ability of college for millions of young they see in the dysfunctional Congress. is far past time that we put aside ex- people, it makes vital investments that Harry Truman back in 1948 when he treme partisanship. Throughout the build economic growth and new jobs in was running for President campaigned entirety of the 112th Congress, we have this country, and it averts the fiscal against the 80th, and he called it the seen narrow political interests placed cliff and the harmful economic con- ‘‘do nothing’’ 80th Congress. That ‘‘do ahead of the public interest. sequences that might have resulted. nothing’’ Congress passed three times So here we are on New Year’s night, As we close out this Congress, we’ve as many bills as the 112th Congress did. with the clock running out on the very reached resolution on a major issue And so here we are at the last minute, existence of this Congress, finally con- facing this Congress and our Nation: and we are rushing to pass this bill. It sidering bipartisan legislation to pro- fairer tax policy for our families and never should have happened this way. vide middle class tax cuts, require the our businesses. I commend President Obama and wealthiest to, once again, pay their There’s more work to do. In the next Vice President BIDEN for protecting the fair share so we can grow the economy, Congress, my guess is that it will be middle class with this and for doing the create jobs and protect the most vul- just as difficult to reach bipartisan so- best that they can; but, my friends and nerable in our society. It is indeed well lutions, but that doesn’t mean it can’t my colleagues, we are going to have to past time we got about the people’s be done. Tonight’s vote, I hope, dem- work to meet in a sensible center. We business. onstrates that in fact it can, and it Mr. Speaker, in 2011, I served on the are going to have to not play these benefits American families and Amer- Biden group of both Republican and brinksmanship games. The American ican businesses and America’s future. Democratic Representatives and Sen- people don’t want it. Mr. CAMP. I continue to reserve the ators who worked with the Vice Presi- President Obama won reelection balance of my time. dent on our Nation’s fiscal issues. We campaigning for the middle class. This Mr. LEVIN. I now yield 1 minute to made good progress in those talks until keeps those priorities, and we ought to the gentleman from Virginia (Mr. our Republican friends walked away, support it. MORAN). fearing the wrath of the Tea Party. I Mr. LEVIN. I now yield 2 minutes to Mr. MORAN. Mr. Speaker, tonight we also served on the bipartisan Joint Se- will pass 83 provisions that remove DANNY DAVIS, our colleague from Illi- lect Committee on Deficit Reduction, Federal revenue, totaling $3.9 trillion, nois who is soon rejoining us on Ways the so-called supercommittee that all of it deficit financed. Now, we will and Means. spent countless hours discussing these add $64 billion more this year to reduc- Mr. DAVIS of Illinois. Mr. Speaker, I issues in detail. It was very clear that ing the deficit. So if we have a $1.3 tril- have never seen a compromise where the elements of a fair and balanced fis- lion annual deficit this year, it will everybody got everything that they cal plan were achievable. But at the bring it down to $1.24 trillion. wanted or liked everything that they end of the process, the Republican lead- Now, many of us feel—certainly on got. I certainly don’t like everything ers refused to compromise, and the this side—that the deficit doesn’t mat- that I see in this bill, and I certainly supercommittee failed. ter, but it does matter because we have didn’t get everything that I wanted. So here we are. While this is not a another deficit: a deficit in investment But I do like the fact that senior citi- perfect bill, and I have serious concerns in the education of our children, an in- zens can go to the doctors because about some of the cuts it contains, it vestment in the training and skills of they’re being paid a reasonable rate. I does contain the element of fairness. our workforce and the fiscal infrastruc- don’t like the fact that some of the The SPEAKER pro tempore. The ture of our country. We will have none health programs in my communities in time of the gentleman has expired. of those resources to make that invest- disproportionate hospitals all across Mr. LEVIN. I yield the gentleman 1 ment after we make this vote tonight. the country are being cut. additional minute. The problem is we set up three more I just got two phone calls a few min- Mr. CLYBURN. This bill protects the fiscal cliffs. We’re going to have to deal utes ago from two constituents, one middle class and working people with a with the debt ceiling, we’re going to from Oak Park, Illinois, and one from more progressive Tax Code than we’ve have to deal with the continuing reso- Westchester. They both did all that had in a very long time. And this bill lution expiration, and we’re going to they could do to convince me to vote prevents the meat-axe approach of have to deal with the sequester. All against this bill. And after listening to budget cuts that could do more severe that’s left is spending cuts. them, I thanked them, but then I told damage to our national defense and im- So the only question we have to ask them, do you know that 320,000 people portant domestic priorities. ourselves is, what programs do we cut in our State relied upon unemployment Mr. Speaker, I hope that the par- and how deep do we cut them? We’re insurance benefits last year? I don’t tisanship of the 112th Congress will end going to look back on this night and know how I could face those individ- this week with the end of the 112th regret it, notwithstanding the fact that uals with no hope, no possibility, and Congress, and I am hopeful that the 95 percent of us apparently will vote no idea that they’re going to have a 113th Congress can work together to- for it. check in the mail. But when I go to ward honorable compromises to get the

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18607 people’s business done. I urge a ‘‘yes’’ b 2230 This plan that we’re about to vote on vote. Mr. HOYER. We had an opportunity locks in a reduced tax rate for middle Mr. LEVIN. We are going to vote to reach such an agreement in a bipar- class families who otherwise would soon, but first we want to hear from tisan fashion, and we will not reach a have seen $3,000 in higher taxes on av- our whip, the distinguished gentleman big, bold, and balanced plan without bi- erage. It permanently holds down the from Maryland, who has worked so partisanship because the decisions death tax, which impacts so many hard on these issues for decades. we’ll have to make will be too difficult small businesses. It permanently pro- I yield 3 minutes to the gentleman not to be done in a bipartisan fashion. tects the middle class from the alter- from Maryland (Mr. HOYER). This night, we take a positive step, native minimum tax, and it adjusts Mr. HOYER. I thank the gentleman and the people watching us, Mr. Speak- that for inflation. for his leadership, and I thank Mr. er, on television tonight and reading The plan does away with a new enti- CAMP for his leadership. about their Congress tomorrow are see- tlement program created in There is, of course, a time for par- ObamaCare, and it makes permanent a tisanship. There is a time for making ing that we were able to act, not per- fectly, but in a bipartisan fashion to 15 percent capital gains and dividends our political points, and that time has rate for income up to $400,000 for sin- been, and it will be again. That time is try to take a step towards fiscal re- sponsibility, fiscal stability, and, yes, gles, $450,000 for married couples, and a not tonight. 20 percent rate for those above. That All of us have traveled throughout caring for those who most need our rate would have gone to 39.6 percent for this country; and we have heard our help in this country. dividends. That would have been very constituents, our neighbors and our I urge my colleagues, as the leader of friends say, please, don’t have us go my party in this Congress urged us, to injurious for our capital markets. That over the cliff. They’re not sure exactly support this legislation, not as a Demo- would be very injurious for economic what ‘‘going over the cliff’’ means, but crat, not as a Republican, but as an growth if we allowed that to happen. Tax relief has been achieved. Now is they intuitively and deeply feel that it American who understands that our the time for the President to work will not be good to go over that cliff. people believe that action is necessary. And so we come to this floor tonight And I would urge all of us as we close with Congress to address government with almost everyone who has spoken this debate to do so in a way that overspending, the underlying problem. Mr. LEVIN. If the gentleman from saying this bill is not perfect, and, of brings us together, not drives us apart; Michigan is ready to close, I’ll do the course, that observation could be ap- that reaches out to the best in us, not same and yield myself the balance of plied to any and all bills that we con- to the partisan in us. sider in this House. Mr. Speaker, it is time for this Con- my time. Compromise is not the art of perfec- gress to come together, address this I regret the last statements. It is not tion. By its very definition, a com- issue, act together, and pass this bill. correct to say that the President has promise contains elements that neither Mr. CAMP. Mr. Speaker, I yield 4 not been interested in deficit reduc- side likes. But it also contains pieces minutes to the distinguished gen- tion. That is not true. It was the Re- both sides can embrace. What we will tleman from California (Mr. ROYCE). publican leadership in this House that do tonight is not only adopt a piece of Mr. ROYCE. Mr. Speaker, I think walked away from a big package. So I legislation that will give literally tens what gets lost in the 30-second sound think it is troublesome that you come of millions of Americans the assurance bites on the fiscal cliff is the real cliff here apparently saying you’re going to that their taxes will not be raised; mil- facing this country in the form of a vote for this bill by launching an un- lions of small businesses assurance massive wave of entitlement obliga- fair, untrue representation of what’s that their taxes will not be raised; mil- tions. been going on. lions of people who, through no fault of Government accounting doesn’t tell I want it to be very clear, because my their own, are struggling to find a job the whole story. The actual liabilities guess is that the chairman will talk and trying to keep bread on their table of the Federal Government, the present again that there has been a permanent the assurance that we will be there to value of Medicare, Medicaid, and Social level of revenue set by this bill. That is help. Security programs already exceed $86 not correct. If that’s an effort to get Tonight, we will come together and trillion. By 2040, our entitlement obli- votes on your side, I want the record to do something else. With 371⁄2 hours left gations will consume all of the average be clear. to go in the 112th Congress, we will dis- postwar projected tax revenue. We have I’m going to close by reading from play to all of our constituents that, to come to grips with that. the President’s statement of yesterday: yes, in the final analysis, we have the That means every dollar collected by I want to make clear that any agreement ability to come together, to act not as the IRS would go to pay Social Secu- we have to deal with these automatic spend- Republicans, not as Democrats, but as rity, Medicare, or Medicaid, without ing cuts that are being threatened for next reforms. We will have to go out and month, those also have to be balanced, be- Americans, 435 of us sent here by our cause, remember, my principle has always neighbors and friends to try to do the borrow to pay for other spending been let’s do things in a balanced, respon- best we can, realizing that there are 435 should that happen. It is unfortunate sible way. points of view that sit in this Chamber, that the President wasn’t willing to en- The same is true for any future deficit and that what we strive to do is to rec- gage on this front, and it is unfortu- agreement. Obviously, we’re going to have to oncile those differences to create con- nate that the Senate leader continues do more to reduce our debt and our deficit. sensus, for without consensus, democ- to deny the crisis. I’m willing to do more— racy cannot work. On the day of new year’s resolutions, He already has done substantial. There will be time for partisan dif- let’s hope Senator REID and President —but it’s going to have to be balanced. ferences. There will be time for par- Obama resolve to be honest about the We’re going to have to do it in a balanced tisan confrontation in the days in the crisis our Nation faces with the coming way. 113th Congress. But this night, as we wave of entitlement obligations, mak- And then he talks about the need to end the 112th Congress, as we have ing these programs solvent, and reining address Medicare. strived mightily to come to an agree- in these trillion dollar deficits, which The SPEAKER pro tempore. The ment with great difficulty and real- every economist will tell you is time of the gentleman has expired. izing that all of us have very strong unsustainable. This must be done in Mr. CAMP. I yield myself such time feelings, I severely regret that this is 2013. as I may consume. not a big, bold, and balanced plan. Without the legislation before us We’ve heard some talk about what The SPEAKER pro tempore. The today, without this bill, millions of does the fiscal cliff mean, and I would time of the gentleman has expired. Americans would see their tax rates go say that I agree with my friend from Mr. LEVIN. I yield the gentleman an up, and that would provide a systemic Maryland that if we didn’t address the additional 1 minute. shock to our already weak economy. fiscal cliff issue, every single American

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18608 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 would see a tax increase, and it would for Defense through fiscal year 2021 amounts gress in the first place. The question of how be a big tax increase. It would be the to roughly $492 billion—almost half a trillion much of your money the government forces biggest tax increase in the history of dollars. from us is central to the relationship of the in- the country. That’s why it’s so impor- With military pay and personnel costs ex- dividual with government and to the freedom tant we’re here tonight acting in a per- empt from the cuts, the actual cut to all other of the individual. And in the past several years manent way. accounts increases to 9.4 percent. Even through calls, emails, and personal meetings, And I would say also to my friend though the Department of Defense has some I have heard from many of my constituents from Michigan, he is correct, this is a limited flexibility to allocate sequestration cuts about the necessity of having stability in the permanent tax policy. These are per- in the operating accounts, a computer will cut tax code. manent tax provisions we’re putting in all procurement and research accounts pro- Making the current tax rates permanent for this bill that permanently sets the portionally—which will directly impact more the vast majority of Americans, as this bill baseline. It permanently sets how than 2,500 programs and projects. The impact does, is a major accomplishment. No longer much money the government can take on our national security and readiness will be will the threat of major tax increases because out of the economy. Because of this, severe. of an expiring law hang over the heads of tax- this is the largest tax cut in American Base operating budgets will be cut, nega- payers. Providing tax certainty for individuals history. tively impacting readiness. Training could be and businesses has long been needed and I think that’s helpful, because the significantly reduced, resulting in unprepared will allow them to plan and make decisions. best way to get out of our debt and def- troops and higher risk to those who deploy. Hopefully, it will help the economy grow. And icit is to grow our economy. We can do Civilian personnel will certainly be affected, finally having an answer on the death tax, al- that through comprehensive and funda- possibly resulting in hiring freezes and unpaid though I prefer to abolish it entirely, is also mental tax reform, and this is just the furloughs. Fewer weapon systems will be critical for every farmer, rancher, and small first step to getting to the ability to bought, which starts a vicious circle of rises in business person in the country. strengthen our economy and create the unit prices for the remaining weapons. Other The clearest reason to vote against this bill jobs we so badly need. major weapon systems will be reduced or ter- is because of what it does not do—limit We’ve had years of anemic economic minated, and current contracts may have to be spending. Too much spending, along with low growth. We have projected anemic eco- terminated or renegotiated, resulting in addi- economic growth, is the reason that our debt nomic growth in 2013. It is so impor- tional costs to the government and a loss of is mounting and that our children’s future is in tant that we try to create jobs and favorable contract terms in some cases. Pro- peril. This bill is a missed opportunity to take grow the economy, and we can do that curement and Depot Maintenance schedules meaningful action to deal with that problem, through comprehensive pro-growth tax will be severely impacted, which is enormously and I supported efforts to have significant reform that lowers rates, broadens the disruptive, especially in shipbuilding and main- spending cuts included in this measure. But it base, and simplifies a Tax Code that is tenance when future deployments rely on is not our last opportunity. It is always possible to justify voting against far too complex. maintaining schedules. Earlier this year, Secretary of Defense Leon a bill for what is not included in it. One must b 2240 Panetta testified that the impact of sequestra- go further and ask, ‘‘What happens if this bill As I said in my opening statement, tion on the Department of Defense alone is defeated? Will the result be better or worse the Tax Code is a nightmare—and it would drive up our nation’s unemployment for the country?’’ We also have to make a is—and it’s getting almost late enough rate by a full percent. Jobs will be lost but judgment on what is possible with the current to have a nightmare ourselves. more importantly, infrastructure and manufac- cast of characters that the American people Let me just say that we not only turing capabilities critical to our national secu- have elected to office. It does no good to need to grow the economy, but we also rity will be lost. Already prime contractors have imagine some ideal measure that could never need to address the fundamental causes notified their suppliers and subcontractors that pass the Democratically-controlled Senate or of our debts and deficits, and that’s programs are on hold. This has left thousands that President Barack Obama would never out-of-control spending—obligations of small businesses with no choice but to sign into law. I am a conservative, and I am that we have not got the financial close their doors and lay off workers as work also a realist. wherewithal to meet. We need to orders have dried up. The answers to those questions lead me to strengthen those programs and make Our nation’s manufacturing base relies upon conclude that it is better to approve this bill at these workers and their special skills. We rely this time, understanding that we must use the sure that they’re sustainable for the on these small businesses to supply critical next few weeks of discussion about the debt long term, but we also need to address components for important weapons systems limit to find a way to significantly reduce the problem that is out-of-control and platforms. spending and begin to get our economic spending. Mr. Speaker, as you know, the impact of se- house in order. House Republicans do not So this is the first step—permanent questration is very real and is very imminent. have to accomplish everything in one bill, but tax policy that then sets the stage for Just consider that if sequestration remains in time is running out for us to get spending comprehensive and fundamental tax re- place for its full nine years, our nation will be under control. In coming weeks, we will need form—and then addressing out-of-con- left with the smallest ground force since 1940, to consider every tool at our disposal to con- trol spending. This will be several the smallest number of ships since 1915, and vince the White House and the Senate on the steps. This is an important one, and the smallest Air Force in history. imperative of cutting spending. this is a critical one for the future of When we talk about the fiscal cliff, these Of course, there are provisions in this bill the country. I urge a ‘‘yes’’ vote. across the board cuts to our defense budget with which I disagree. For example, extending I yield back the balance of my time. will result in not only an economic fiscal cliff, some of the tax credits from the stimulus bill Mr. YOUNG of Florida. Mr. Speaker, I rise but of greatest concern to me, a cliff off which and continuing to pay unemployment for an today to discuss the devastating across-the- our national security will fall. This will impact additional year discourage work and encour- board sequestration cuts set to take place our readiness, our ability to defend our nation, age further dependency on government. But across the entire federal government tomor- and our ability to ensure the safety of our all they total about $100 billion out of a $4 trillion row—January 2nd. Half of those cuts would volunteer force as they operate around the bill; the rest of the ‘‘cost’’ is due to extending come from the Department of Defense and world. tax provisions that have been in place for our national security programs. I urge my colleagues in the House to do ev- more than a decade. The Department of Defense, industry, and erything we can to ensure that sequestration Stepping back and looking at the whole pic- the Congressional Defense Committees, have does not become a stark reality tomorrow. ture, it seems clear to me that preventing a repeatedly and consistently warned of the con- Failing to take action will cause irreversible tax increase for most Americans and making sequences of letting sequestration take place. harm to our nation’s security and violate our all tax rates permanent is an important step If allowed to happen, the impact to the Depart- Constitutional responsibility to ‘‘provide for the for families all across the country and for the ment of Defense would be a reduction of 8.2 common defense.’’ economy as a whole. percent or $54.6 billion from the fiscal year Mr. THORNBERRY. Mr. Speaker, it was the Other provisions contained in this bill are 2013 budget. The total sequestration reduction issue of taxes that led to me running for Con- important to the people in my district. One

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00042 Fmt 0688 Sfmt 9920 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18609 would extend the current farm bill for the re- Why should the President, why should the Very importantly, this package also includes mainder of the fiscal year, allowing farmers Democratic leadership in Congress, have a critical extension of unemployment benefits and their bankers to make decisions on plant- agreed to negotiate with hostage takers under for those still struggling to find work, and I am ing. That provision also prevents the price of contrived, media-fueled deadlines. Why should grateful for the efforts of Senator Jack Reed milk from doubling this week. Another section the President, why should the Democratic and others to ensure this provision was part of prevents the 27% cut in Medicare reimburse- leadership in Congress, have accepted the the final deal. ment to doctors, which would have made it inane premise of the Tea Party and the Peter- I have called many times in recent months very difficult for Medicare patients to find a son Institute that our nation is defined by its for the expiration of Bush-era tax rates on in- physician to treat them. debt and that we are in effect a poor, debtor come over $250,000, and I am disappointed Approving this measure is just a step. Next, nation and that the government is helpless in that this agreement does not meet that goal. we must do whatever is required to control the face of that debt. There is no good answer However, while the income threshold of spending, especially spending in mandatory to a bad question. $450,000 is higher than I would have liked, it programs that constitute nearly two-thirds of The premise of the deal before us is false, is nonetheless a major step forward that the the budget. I continue to support comprehen- and the Democratic negotiators have been try- very wealthiest Americans will begin to pay sive tax reform, which can ease the pain to ing hard to find a good outcome based on that their fair share under this bill. Democrats have taxpayers, help us be more competitive in the false premise. In fact, we do have a long term already agreed to over a trillion dollars in world, and give our economy a real boost. We problem with the debt. We should work to cor- spending cuts, and it is critical that some sig- do not have to do all of these things in one rect it, but also we should recognize that it is nificant revenue is finally being put on the bill—and it would be a mistake to try—but we long term. Meanwhile we have some imme- table. Of particular interest to Rhode Island’s wind must do them for the sake of our country and diate problems—stubborn unemployment, a energy industry, this bill extends the Produc- our future. sluggish economy, crumbling infrastructure, tion Tax Credit and the Investment Tax Credit Mr. HOLT. Mr. Speaker, as the Congress and millions of Americans in need of housing for renewable energy, which will mean critical lurches from self-imposed crisis to self-im- and food. We should not allow our concern for jobs for our state. It also provides our doctors posed crisis, it is easy to understand why the debt to paralyze our government, and thus with another year of relief from Medicare reim- members of the public shake their heads in prevent action on the immediate, critical prob- bursement cuts. disgust at the inability of the government to do lems affecting our people in the here and now. One thing many of my colleagues and I the important work of America to help Ameri- The blatant, sad irony is that dealing aggres- made clear to House leaders was that we cans. sively with those immediate problems—the would not support a deal that cut Medicare or The negotiators of this deal should never very problems whose solutions are being Social Security benefits for our seniors, and I have agreed to bargain under a hostage-tak- pushed aside by the artificial, self-imposed am glad that they listened to us. ing deadline. Of course, for long term eco- debt crisis—also would be the best way of Overall, this agreement sets the standard nomic stability and growth we must have dealing with the long term debt problem. It for a balanced approach that demands shared greater balance between revenue and expend- would be the best way of generating the eco- sacrifice through both spending cuts and rev- itures. That means Congress should pay close nomic activity and growth necessary to put our enue increases. I have long advocated for attention day to day, month to month, to rev- people back to work and our debt in its place. such an approach, and I am hopeful that this enue and to spending and should bring them This deal was done in the wrong way. The will be the model for our deficit reduction ef- more into line. That should always be true, postponed crisis will reappear with the debt forts in coming years. though, not just whenever someone says crisis and sequestration and tax increases in Unfortunately, this deal is no ‘‘grand bar- there is a crisis. March, and the President will be in a weaker, gain,’’ and it sets up yet another potential cri- And say what you will, there is no good rea- not stronger, position to deal with the crisis sis mere weeks from now by pushing off a so- son for a crisis now. The deadline is artificial. then. However, I do not want to make the situ- lution to sequestration for two months, right at This ‘‘fiscal cliff’ is the result of a deal agreed ation worse by weakening the President’s the same time we will need to increase the to in August 2011 when some congressional hand and weakening the economy by allowing debt limit and renew government funding. No members who dislike government tried to pre- the government so to speak to ‘‘fall off the one wants to relive this fight, and I would have vent the U.S. from paying our debts, and the cliff’, so with great reluctance I will support this much preferred to resolve these perennial White House and Congressional leaders al- bill. issues all at once. lowed them to hold the government hostage Mr. LANGEVIN. Mr. Speaker, I rise in sup- Nonetheless, it is time to act. We have an and then to impose automatic spending cuts port of H.R. 8, the American Taxpayer Relief obligation to move forward with a balanced and tax increases in the most thoughtless, Act of 2012. It goes without saying that this is compromise, and I believe that we have ham-handed way. And the negotiators should no one’s idea of a perfect bill. However, the achieved that. I urge my colleagues to support never have negotiated with hostage takers, or American people are counting on Congress to this agreement, and I hope that we can begin after the debt-ceiling confrontation was past, act to prevent a tax increase on the middle the 113th Congress with a renewed commit- should never have let the hostage-takers de- class, just as our economy is starting to re- ment to address our nation’s many complex mands live on. cover. challenges with seriousness and cooperation. Ms. JENKINS. Mr. Speaker, as the sponsor As I see it, the big problem with the fiscal President Obama, Vice President BIDEN, package before us today is that it was de- and Senate Democrats and Republicans have of the bill to extend Section 45G of Title 26 in the IRS code, I rise today to clarify the impact bated and negotiated on the terms set by the done what the voters sent us here to do: find that the extension of this provision within the hostage takers in 2011. Instead of talking a balanced approach to help get our fiscal about what our government needs to do to put text of H.R. 8 will have on short line railroads. house in order. House Democrats have been As a Certified Public Accountant, I would people to work, to reduce unemployment, to ready to do our part, and I am glad that our like to iterate that in IRS Code section (1)(2) educate Americans, to rebuild our roads and Republican colleagues have finally allowed under 45G, it is the intent of the law that as- bridges, to stimulate vibrant and innovative in- this legislation to come to the Floor so that we signments of railroad track miles for purposes dustry, to tend to the nourishment, the hous- can ensure our nation does not feel the harm- of calculating a railroad track maintenance tax ing, the cultural well-being of all Americans— ful effects of the fiscal cliff. It should not have credit for the taxable year that ended on De- and then doing those things—Congress and taken this long, and it should not have been cember 31, 2012 may be completed in 2013, Administration have spent several months ne- this hard. due to the late extension of the 45G credit in glecting all the important work in front of us— While I have serious concerns about certain this legislation. drought relief, elementary and secondary edu- portions of the agreement, I am very pleased This belated extension should not be con- cation act, violence against women act, bridge that—first and foremost—middle class families strued as an attempt by Congress to eliminate repair, better transportation, better commu- will be protected from a tax rate increase. Not the ability of short line railroads to use sub- nication, reliable mail delivery, etc. etc. and in- only will we permanently extend middle-class section (b)(2), but rather to preserve that abil- stead focusing on such things as whether the tax cuts, but this deal will also extend the child ity for tax year 2012. marginal tax rate should be 36 percent or 39.6 tax credit and the earned income tax credit, Ms. EDDIE BERNICE JOHNSON of Texas. percent for income earned above $250,000 or and it permanently ensures that the Alternative Mr. Speaker, recently the Senate came to- $450,000. Minimum Tax will not hit middle-class families. gether on a bipartisan basis to address our

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00043 Fmt 0688 Sfmt 9920 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18610 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 looming fiscal crisis. I appreciate the states- in the ongoing negotiations on sequestration Marino Quigley Simpson manship of President Obama and Vice Presi- and the debt ceiling. Markey Rahall Sires Matsui Rangel Slaughter dent BIDEN to make every effort to avoid the We must ultimately find a way not to fall into McCarthy (NY) Reed Smith (NJ) most harmful effects of the ‘‘fiscal cliff.’’ a deep economic crisis, and to further McCollum Reichert Smith (TX) Last night’s vote in the House was one of strengthen our middle class. I hope all of my McGovern Reyes Speier McKeon Ribble the hardest votes I have cast in my tenure in colleagues as well as the Leadership con- Stivers McMorris Richardson Sullivan Congress. The agreement was not a perfect tinues to work on these issues and that it ulti- Rodgers Richmond Sutton proposal, but it avoided serious damage to our mately reflect solid bipartisan collaboration for McNerney Rogers (KY) Thompson (CA) Meehan national economy. One of my concerns about the incoming 113th Congress. Rogers (MI) Thompson (MS) Meeks Ros-Lehtinen Thompson (PA) the measure is that it did not generate nearly The SPEAKER pro tempore. All time Michaud Ross (AR) Thornberry enough revenue. I am afraid that the haste for debate has expired. Miller (MI) Rothman (NJ) Tiberi Miller, Gary Roybal-Allard and the lack of detailed effort will ultimately Pursuant to House Resolution 844, Tierney translate to a series of tax hikes and spending Miller, George Royce the previous question is ordered. Moore Runyan Tonko cuts in future years that will negatively impact The question is on the motion by the Murphy (CT) Ruppersberger Towns the middle class and the poor. gentleman from Michigan (Mr. CAMP). Murphy (PA) Rush Tsongas I have serious reservations about any at- Nadler Ryan (OH) Turner (NY) The question was taken; and the Upton tempt to cut benefits in Social Security, Medi- Napolitano Ryan (WI) Speaker pro tempore announced that Neal Sa´ nchez, Linda Van Hollen care, and Medicaid. I am committed to evalu- the ayes appeared to have it. Noem T. Vela´ zquez Olver Sanchez, Loretta Walden ating the impact of the funding used to pay for RECORDED VOTE Owens Sarbanes Walz (MN) the Sustainable Growth Rate (SGR or ‘‘doc Mr. LEVIN. Mr. Speaker, I demand a fix’’). I strongly oppose cuts to services for dia- Pallone Schakowsky Wasserman recorded vote. Pascrell Schiff Schultz betes, end stage renal disease, and other ill- A recorded vote was ordered. Pastor (AZ) Schock Waters nesses disproportionately impacting my con- Payne Schwartz The SPEAKER pro tempore. Pursu- Watt stituents. As a non-practicing registered nurse, Pelosi Scott, David Waxman ant to clause 8 of rule XX, this 15- Perlmutter Serrano I know how devastating these cuts would be Welch minute vote on the motion to concur Peters Sessions Wilson (FL) for medical services in underserved commu- Pingree (ME) Sewell Womack will be followed by a 5-minute vote on Pitts Sherman nities. Yarmuth the motion to suspend the rules and Platts Shimkus Another worthy program that is very impor- Young (AK) pass Senate Joint Resolution 44, if or- Polis Shuler tant to my constituents is the Qualifying Indi- Young (FL) dered. Price (NC) Shuster vidual (QI) program. The program allows Med- The vote was taken by electronic de- icaid to pay the Medicare Part B premiums for NOES—167 vice, and there were—ayes 257, noes 167, low-income Medicare beneficiaries with in- Adams Gibbs Nunnelee not voting 8, as follows: comes between 120 percent and 135 percent Aderholt Gingrey (GA) Olson [Roll No. 659] Akin Gohmert Palazzo of poverty. Under current law, QI expired De- Amash Goodlatte AYES—257 Paulsen cember 31, 2012. The agreement extends the Amodei Gosar Pearce QI program until December 31, 2013. Ackerman Courtney Heinrich Austria Gowdy Pence Mr. Speaker, I have five major hospitals in Alexander Crenshaw Herger Bachmann Granger Peterson my congressional district that not only serve Altmire Critz Herrera Beutler Bachus Graves (GA) Petri Andrews Crowley Higgins Barrow Griffin (AR) Poe (TX) my constituents, but the entire North Texas Baca Cuellar Himes Bartlett Griffith (VA) Pompeo population. The measure states that qualifying Baldwin Cummings Hinchey Barton (TX) Guinta Posey low-volume hospitals receive add-on payments Barber Curson (MI) Hinojosa Becerra Guthrie Price (GA) Barletta Davis (CA) Hirono Berg Hall based on the number of Medicare discharges. Quayle Bass (CA) Davis (IL) Hochul Bilirakis Harper Rehberg To qualify, the hospital must have less than Bass (NH) DeGette Holden Bishop (UT) Harris Renacci Benishek DelBene Holt Black Hartzler 1,600 Medicare discharges and be 15 miles or Rigell Berkley Denham Honda Blackburn Hensarling Rivera greater from the nearest like hospital. This Berman Dent Hoyer Blumenauer Huelskamp Roby provision extends the payment adjustment Biggert Deutch Israel Bonner Huizenga (MI) Roe (TN) Bilbray Diaz-Balart Jackson Lee Boustany Hultgren until December 31, 2013. The Medicare De- Rogers (AL) Bishop (GA) Dicks (TX) Brooks Hunter pendent Hospital (MDH) program in the bill Rohrabacher Bishop (NY) Dingell Johnson (GA) Broun (GA) Hurt Rokita provides enhanced reimbursement to support Boehner Doggett Johnson (IL) Bucshon Issa Rooney rural health infrastructure and to support small Bonamici Dold Johnson (OH) Burgess Jenkins Roskam Bono Mack Donnelly (IN) Johnson, E. B. Campbell Johnson, Sam rural hospitals for which Medicare patients Ross (FL) Boren Doyle Kaptur Canseco Jones make up a significant percentage of inpatient Boswell Dreier Keating Cantor Jordan Scalise days or discharges. This greater dependence Brady (PA) Edwards Kelly Capito King (IA) Schilling Brady (TX) Ellison Kildee Carter Kingston Schmidt on Medicare may make these hospitals more Schrader financially vulnerable to prospective payment, Braley (IA) Emerson Kind Cassidy Labrador Brown (FL) Engel King (NY) Chabot Lamborn Schweikert and the MDH designation is designed to re- Buchanan Eshoo Kinzinger (IL) Chaffetz Landry Scott (SC) duce this risk. This provision extends the MDH Butterfield Farr Kissell Coffman (CO) Lankford Scott (VA) program until October 1, 2013. Calvert Fattah Kline Conaway Latham Scott, Austin Camp Fitzpatrick Kucinich Cooper Long Sensenbrenner I am pleased to see that the Senate ap- Capps Fortenberry Lance Cravaack Lummis Smith (NE) proved a one-year extension of unemployment Capuano Frank (MA) Langevin Crawford Mack Smith (WA) insurance benefits, providing necessary sup- Carnahan Frelinghuysen Larsen (WA) Culberson Marchant Southerland port for those looking to return to work as the Carney Fudge Larson (CT) DeFazio Massie Stearns Carson (IN) Gallegly LaTourette DeLauro Matheson Stutzman economy recovers. I am also pleased to learn Castor (FL) Garamendi Latta DesJarlais McCarthy (CA) Terry that deep cuts for many important programs Chandler Gerlach Lee (CA) Duffy McCaul Tipton that support the most vulnerable and provide Chu Gibson Levin Duncan (SC) McClintock Turner (OH) Cicilline Gonzalez Lipinski Duncan (TN) McDermott Visclosky pathways to prosperity for millions of Ameri- Clarke (MI) Green, Al LoBiondo Ellmers McHenry Walberg cans, including Head Start and WIC, were de- Clarke (NY) Green, Gene Loebsack Farenthold McIntyre Walsh (IL) layed. I would have preferred to see a long Clay Grijalva Lofgren, Zoe Fincher McKinley Webster term extensions to these critical provisions. Cleaver Grimm Lowey Flake Mica West Clyburn Gutierrez Lucas Fleischmann Miller (FL) Westmoreland Mr. Speaker, as I mentioned before, I do not Coble Hahn Luetkemeyer Fleming Miller (NC) Whitfield agree with many of the details of the com- Cohen Hanabusa Luja´ n Flores Moran Wilson (SC) promise, but I cast my vote for the bill for the Cole Hanna Lungren, Daniel Forbes Mulvaney Wittman greater national interest. I will continue to miti- Connolly (VA) Hastings (FL) E. Foxx Myrick Wolf Conyers Hastings (WA) Lynch Franks (AZ) Neugebauer Woodall gate any negative impact of cuts on commu- Costa Hayworth Maloney Gardner Nugent Yoder nities of color and other vulnerable populations Costello Heck Manzullo Garrett Nunes Young (IN)

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18611 NOT VOTING—8 The question was taken; and (two- A motion to reconsider was laid on Buerkle Lewis (CA) Stark thirds being in the affirmative) the the table. Burton (IN) Lewis (GA) Woolsey rules were suspended and the Senate f Graves (MO) Paul amendment was concurred in. INTERCOUNTRY ADOPTION UNI- b 2257 A motion to reconsider was laid on the table. VERSAL ACCREDITATION ACT OF So the motion was agreed to. 2012 The result of the vote was announced f The SPEAKER pro tempore. The un- as above recorded. UNINTERRUPTED SCHOLARS ACT finished business is the question on A motion to reconsider was laid on The SPEAKER pro tempore. The un- suspending the rules and passing the the table. finished business is the question on bill (S. 3331) to provide for universal Stated against: suspending the rules and passing the intercountry adoption accreditation Mr. GRAVES of Missouri. Mr. Speaker, on bill (S. 3472) to amend the Family Edu- standards, and for other purposes. rollcall No. 659, I was unavoidably detained. cational Rights and Privacy Act of 1974 The Clerk read the title of the bill. Had I been present, I would have voted ‘‘no.’’ to provide improvements to such Act. The SPEAKER pro tempore. The Ms. BUERKLE. Mr. Speaker, on rollcall No. The Clerk read the title of the bill. question is on the motion offered by 659, had I been present, I would have voted The SPEAKER pro tempore. The the gentlewoman from Florida (Ms. ‘‘no.’’ question is on the motion offered by ROS-LEHTINEN) that the House suspend f the gentleman from Tennessee (Mr. the rules and pass the bill. ANNOUNCEMENT BY THE SPEAKER ROE) that the House suspend the rules The question was taken; and (two- PRO TEMPORE and pass the bill. thirds being in the affirmative) the The question was taken; and (two- rules were suspended and the bill was The SPEAKER pro tempore. Pursu- thirds being in the affirmative) the passed. ant to clause 8 of rule XX, proceedings rules were suspended and the bill was A motion to reconsider was laid on will resume on motions to suspend the passed. the table. rules previously postponed. A motion to reconsider was laid on f f the table. DEPARTMENT OF STATE RE- STATE AND PROVINCE EMER- f WARDS PROGRAM UPDATE AND GENCY MANAGEMENT ASSIST- FOREIGN AND ECONOMIC ESPIO- TECHNICAL CORRECTIONS ACT ANCE MEMORANDUM OF UNDER- NAGE PENALTY ENHANCEMENT OF 2012 STANDING ACT OF 2012 The SPEAKER pro tempore. The un- The SPEAKER pro tempore. The un- The SPEAKER pro tempore. The un- finished business is the question on finished business is the question on finished business is the question on suspending the rules and passing the suspending the rules and passing the suspending the rules and concurring in bill (S. 2318) to authorize the Secretary joint resolution (S.J. Res. 44) granting the Senate amendment to the bill (H.R. of State to pay a reward to combat the consent of Congress to the State 6029) to amend title 18, United States transnational organized crime and for and Province Emergency Management Code, to provide for increased penalties information concerning foreign nation- Assistance Memorandum of Under- for foreign and economic espionage, als wanted by international criminal standing. and for other purposes. tribunals, and for other purposes. The Clerk read the title of the joint The Clerk read the title of the bill. The Clerk read the title of the bill. resolution. The SPEAKER pro tempore. The The SPEAKER pro tempore. The The SPEAKER pro tempore. The question is on the motion offered by question is on the motion offered by question is on the motion offered by the gentleman from Texas (Mr. SMITH) the gentlewoman from Florida (Ms. the gentlewoman from Florida (Ms. that the House suspend the rules and ROS-LEHTINEN) that the House suspend ROS-LEHTINEN) that the House suspend concur in the Senate amendment. the rules and pass the bill. the rules and pass the joint resolution. The question was taken; and (two- The question was taken; and (two- The question was taken; and (two- thirds being in the affirmative) the thirds being in the affirmative) the thirds being in the affirmative) the rules were suspended and the Senate rules were suspended and the bill was rules were suspended and the joint res- amendment was concurred in. passed. olution was passed. A motion to reconsider was laid on A motion to reconsider was laid on A motion to reconsider was laid on the table. the table. the table. f f f CORRECTING AND IMPROVING THE INVESTIGATIVE ASSISTANCE FOR CLOTHE A HOMELESS HERO ACT LEAHY-SMITH AMERICA INVENTS VIOLENT CRIMES ACT OF 2012 The SPEAKER pro tempore. The un- ACT The SPEAKER pro tempore. The un- finished business is the question on The SPEAKER pro tempore. The un- finished business is the question on suspending the rules and concurring in finished business is the question on suspending the rules and concurring in the Senate amendment to the bill (H.R. suspending the rules and concurring in the Senate amendment to the bill (H.R. 6328) to amend title 49, United States the Senate amendment to the bill (H.R. 2076) to amend title 28, United States Code, to direct the Assistant Secretary 6621) to correct and improve certain Code, to clarify the statutory author- of Homeland Security (Transportation provisions of the Leahy-Smith America ity for the longstanding practice of the Security Administration) to transfer Invents Act and title 35, United States Department of Justice of providing in- unclaimed clothing recovered at air- Code. vestigatory assistance on request of port security checkpoints to local vet- The Clerk read the title of the bill. State and local authorities with re- erans organizations and other local The SPEAKER pro tempore. The spect to certain serious violent crimes, charitable organizations, and for other question is on the motion offered by and for other purposes. purposes. the gentleman from Texas (Mr. SMITH) The Clerk read the title of the bill. The Clerk read the title of the bill. that the House suspend the rules and The SPEAKER pro tempore. The The SPEAKER pro tempore. The concur in the Senate amendment. question is on the motion offered by question is on the motion offered by The question was taken; and (two- the gentleman from South Carolina the gentleman from Florida (Mr. BILI- thirds being in the affirmative) the (Mr. GOWDY) that the House suspend RAKIS) that the House suspend the rules rules were suspended and the Senate the rules and concur in the Senate and concur in the Senate amendment. amendment was concurred in. amendment.

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18612 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 The question was taken; and (two- States and to support the Government fire, or flood when we did not act. This thirds being in the affirmative) the of Bulgaria in investigating the July Congress is apparently leaving town rules were suspended and the Senate 18, 2012, terrorist attack in Burgas. without responding to that emergency. amendment was concurred in. The Clerk read the title of the resolu- There’s not one of us, not one of us in A motion to reconsider was laid on tion. this Congress that could not be in the the table. The SPEAKER pro tempore. The same position. I live in a coastal State, but whether you live in the Midwest or f question is on the motion offered by the gentlewoman from Florida (Ms. the far west, whether you live in the CONDEMNING NORTH KOREAN ROS-LEHTINEN) that the House suspend South or the East or the North or the MISSILE LAUNCH the rules and agree to the resolution. West, you could be and your citizens The SPEAKER pro tempore. The un- The question was taken; and (two- could be and your neighbors could be finished business is the question on thirds being in the affirmative) the confronted by a natural disaster—or suspending the rules and agreeing to rules were suspended and the resolu- for that matter, a man-made disaster— and our fellow citizens would expect us the concurrent resolution (H. Con. Res. tion was agreed to. to respond as the United States Senate 145) calling for universal condemnation A motion to reconsider was laid on the table. has responded. of the North Korean missile launch of It was my belief, an assurance was December 12, 2012, as amended. f given to me—not 100 percent—and the The Clerk read the title of the con- b 2320 gentleman who gave it to me did not current resolution. make this decision, but I am deeply The SPEAKER pro tempore. The FISCAL RESPONSIBILITY disappointed, Mr. Speaker. question is on the motion offered by (Mrs. SCHMIDT asked and was given The people who have been damaged the gentlewoman from Florida (Ms. permission to address the House for 1 by Sandy, including Governor Christie, ROS-LEHTINEN) that the House suspend minute and to revise and extend her re- a Republican, and Governor Cuomo, a the rules and agree to the concurrent marks.) Democrat, should be deeply dis- resolution, as amended. Mrs. SCHMIDT. Mr. Speaker, this is appointed and, yes, angry that this The question was taken; and (two- the last speech that I will ever give in Congress would adjourn without ad- thirds being in the affirmative) the this House and it saddens me the way I dressing the pain of our fellow citizens. rules were suspended and the concur- have to leave, because we leave as a di- I’ve been to New York. I’ve walked rent resolution, as amended, was vided caucus and a divided House. the beaches. I’ve seen the homes that agreed to. The American public expects more have been destroyed, with my col- A motion to reconsider was laid on from us, but the American public also league GREG MEEKS. I’ve talked to the table. expects us to recognize that we are NYDIA VELA´ ZQUEZ. I’ve talked to other f spending their money, and we are Members of Congress—Congressman spending ourselves into a debt that we CROWLEY, Congressman PALLONE, Con- CONDEMNING IRAN FOR PERSECU- will not be able to repay. Our children gressman ROTHMAN—all of whom have TION OF BAHA’I MINORITY and our grandchildren will be the heirs had their citizens deeply damaged by The SPEAKER pro tempore. The un- of our misspending of our taxpayer dol- the ravages of the, perhaps, storm of finished business is the question on lars. historical proportions that struck the suspending the rules and agreeing to I voted ‘‘no’’ tonight because we were Northeast. None of us is immune, not the resolution (H. Res. 134) condemning increasing our debt limit at an unprec- from a tornado or a flood or a fire. the Government of Iran for its state- edented proportion. My dear colleagues I deeply regret this. I can’t change sponsored persecution of its Baha’i mi- in this House, as I leave this body, I this opinion, but it’s not what we nority and its continued violation of ask you to be conservative in your ought to be doing. There are Repub- the International Covenants on Human votes on spending. Remember, we have licans who are deeply grieved by this Rights, as amended. children and grandchildren that will be action and there are Democrats on this The Clerk read the title of the resolu- saddled with this debt. We are a great floor deeply grieved by this action. tion. country, but we are a great country be- This is not the right thing to do. I The SPEAKER pro tempore. The cause we can afford to pay our bills. would hope it would be reconsidered. question is on the motion offered by Let us not lead down into the path of We have asked our Members to stay the gentlewoman from Florida (Ms. fiscal irresponsibility or that will no here, every one of them, knowing full ROS-LEHTINEN) that the House suspend longer be the case. well they wanted to go home just for a the rules and agree to the resolution, God bless this institution, and God day to see their families. Mr. Speaker, I would hope this deci- as amended. bless the United States of America. sion would be reconsidered. I would The question was taken; and (two- And thank you for this 7 years and 4 hope that we would say to those citi- thirds being in the affirmative) the months I was able to honor the Second zens: We’re here for you, one country, rules were suspended and the resolu- Congressional District. God bless all of one nation. tion, as amended, was agreed to. you. A motion to reconsider was laid on f f the table. HURRICANE SANDY RELIEF HURRICANE SANDY RELIEF f (Mr. NADLER asked and was given (Mr. HOYER asked and was given permission to address the House for 1 URGING EUROPEAN UNION TO permission to address the House for 1 minute.) DESIGNATE HIZBALLAH AS A minute.) Mr. NADLER. Mr. Speaker, the dis- TERRORIST ORGANIZATION Mr. HOYER. Mr. Speaker, I have just tinguished gentleman from Maryland The SPEAKER pro tempore. The un- been informed that we will be having said what had to be said, but I want to finished business is the question on perhaps no further votes in this Con- add that I’ve been in this House 20 suspending the rules and agreeing to gress. I am deeply disappointed at that years. We have seen droughts; we have the resolution (H. Res. 834) urging the information. seen storms; we have seen earthquakes; governments of Europe and the Euro- We have millions of our fellow citi- we have seen wildfires out west. This pean Union to designate Hizballah as a zens who have been badly damaged by Congress has never, never failed to vote terrorist organization and impose sanc- a storm called Sandy. Overwhelmingly, emergency appropriations for the aid of tions, and urging the President to pro- the United States Senate passed some the beleaguered States. Never. vide information about Hizballah to relief. I can’t remember a time when Hurricane Sandy struck on October the European allies of the United we had a very serious storm, tornado, 29, 8, 9 weeks ago. It’s unprecedented

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18613 that it should take so long, and yet we that we can get to the people that need HURRICANE SANDY RELIEF are now told that this House is going to it the aid that they so are in need of on (Mr. MEEKS asked and was given adjourn sine die even though the Sen- this day and this age. permission to address the House for 1 ate voted the aid, and we’re going to do f minute.) nothing? It’s unprecedented. It is dis- Mr. MEEKS. I’m sitting here in b 2330 gusting. shock this evening. This is supposed to I can understand—I would not sym- HURRICANE SANDY RELIEF be the people’s House. We are the pathize, but I could understand Mem- (Mr. CROWLEY asked and was given United States House of Representa- bers who might say the amount re- tives. There are Americans that are quested is too much, we should change permission to address the House for 1 minute.) suffering because of an act of nature. It it, we should quibble with it, we should is our obligation, not as Democrats, debate it—fine. But to ignore it, to ig- Mr. CROWLEY. Mr. Speaker, let me join my colleagues in my sadness that not as Republicans, but as Americans nore the plight of millions of American to make sure that we come to the aid citizens—unprecedented, disgusting, we are here at 11:30 on the 1st of Janu- ary with time running out. We just had of Americans. And that’s why in this unworthy of the leadership of this issue, Democrats and Republicans have House. They should reconsider or they a historic vote, a bipartisan vote, something that people didn’t think we worked together in any kind of crisis. should hang their heads in shame, Mr. Especially when it goes to natural dis- Speaker. could do here, but we did do that. And now we’re letting this oppor- asters, we’ve always come together. f tunity slip away when people’s homes How can we, at this critical point, HURRICANE SANDY RELIEF have been destroyed, when people’s turn our backs on Americans? This is not supposed to happen here. It hap- (Mr. PALLONE asked and was given businesses have been destroyed, and when tens of thousands of people who pens other places. permission to address the House for 1 Mr. Speaker, we cannot turn our minute.) have suffered over 9 weeks have noth- ing to show from this Congress. That backs on our citizens who need us. Mr. PALLONE. Mr. Speaker, let me Some will not have a place to stay for lend my voice to those who previously we would walk away without doing our part to help the people suffering in New a long period of time. People have suf- spoke, particularly Mr. HOYER. fered, and people need food. We are My district was devastated by the York, in New Jersey, Connecticut, and Pennsylvania and other parts of the Americans. This is what’s supposed to storm. I have thousands of people who separate us from everyone else. I am do not have homes, who are living in country is outrageous. It is simply out- rageous. absolutely shocked. temporary circumstances. I have mu- Mr. Speaker, you have to reconsider. nicipalities that have expended mil- We’ve done our part. We’ve worked lions of dollars in trying to do the with our colleagues. And I thank Mr. f cleanup. The fact of the matter is that KING, and I thank Mr. REED and Mr. HURRICANE SANDY RELIEF if we don’t take action tonight and we GRIMM for working with us. But it got (Mr. ENGEL asked and was given let this House adjourn without taking us to no avail here. We needed to work permission to address the House for 1 action on the supplemental for the hur- to get this done for our constituency, minute and to revise and extend his re- ricane, we will suffer a great deal. and it has failed. marks.) Many of these towns are waiting for Mr. Speaker, please reconsider and Mr. ENGEL. Mr. Speaker, I have been the money to come through to provide bring this bill to the floor before we a Member of this body for 24 years, and funding for municipal services, for leave this Congress. I don’t think I’ve ever been as angry as emergency services. Many of them are f I am tonight. This is unconscionable. completely broke at this time in terms HURRICANE SANDY RELIEF In the last debate, I got up, and I said of their ability to provide help for their that when President Truman cam- residents. This is a very serious mat- (Mr. KING of New York asked and paigned, he campaigned against the ter. This need is immediate. This can’t was given permission to address the 80th ‘‘do nothing’’ Congress, and that wait until next week or next month. House for 1 minute.) ‘‘do nothing’’ Congress passed three There’s absolutely no way that that Mr. KING of New York. Mr. Speaker, times as many bills as this current ‘‘do can happen without having a tremen- tonight’s action not to hold this vote nothing Congress.’’ dous negative impact on the residents on the supplemental is absolutely inde- And isn’t this a fitting way for this of my district. fensible. There are thousands and thou- ‘‘do nothing’’ Congress to end, by doing So I implore the Speaker, please re- sands of people throughout Long Is- nothing to help the plight of millions consider this decision. It is just not land, Rockaway, Staten Island and of people who are suffering in all of our possible for us to continue without New Jersey and throughout the North- districts? having some relief from the Federal east who are homeless tonight, who are This is an absolute disgrace, and the Government. without jobs, and who have lost their Speaker should hang his head in shame f business. This is absolutely indefen- for not allowing this to come up. This sible. HURRICANE SANDY RELIEF is, again, not a Republican or a Demo- The fact is every bit of documenta- cratic issue. It’s an American issue. (Mr. REED asked and was given per- tion that was required by the leader- I have voted for aid for Katrina, for mission to address the House for 1 ship of this House was provided by Gov- all places all over the country. And for minute.) ernor Cuomo, Governor Christie, and us in the Northeast to be treated this Mr. REED. Mr. Speaker, as a Repub- Mayor Bloomberg. Everybody played way is absolutely unconscionable. I lican, I stand up here today to join my by the rules, except tonight, when the would ask the Speaker to reconsider, colleagues on the other side of the aisle rug was pulled out from under us—ab- and I would tell you that I have never and associate my words with the gen- solutely inexcusable, absolutely inde- been angrier than I am right now. I’m tleman from Maryland. fensible. usually proud of this House. Tonight, I Even though my district was not im- We have a moral obligation to hold am ashamed. pacted by the devastation of Hurricane this vote. The people who are out of Shame on you, Mr. Speaker. Sandy, it is right and just that we take their homes, the people who are cold, f up this bill. I ask our Speaker to recon- the people who are without food, and sider the decision that has been made the people who have lost their jobs HURRICANE SANDY RELIEF not to address this supplemental in don’t have the time to wait. We cannot (Mr. GIBSON asked and was given this Congress. And I join my colleagues just walk away from our responsibil- permission to address the House for 1 across the aisle to ask for that relief so ities. minute.)

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18614 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 Mr. GIBSON. Mr. Speaker, I want to One of the mottos of our service is sion to help Americans throughout the add my voice to those who have spoken ‘‘no man left behind.’’ Well, tonight, country in disaster after disaster. Dys- here tonight. We need to be there for Mr. Speaker, you are leaving millions function, Mr. Speaker, in this Con- all of those in need now after Hurri- of children, fathers, and mothers be- gress, shouldn’t result in punishing vic- cane Sandy. hind in the cold. And as we took one tims of Sandy in New York, New Jer- I come from upstate New York, and step closer to financial solvency and sey, Connecticut, and Pennsylvania. this is a bipartisan effort. I just want averted a national bankruptcy today, This is a sad day. I urge the majority to thank all my colleagues here in this we just took one humongous leap to- to reconsider the decision to not put House who helped my district after wards a moral bankruptcy. the supplemental on the floor, and I Hurricanes Irene and Lee. We had This House can’t justify to ourselves, want to thank our leader, Mr. HOYER; heartbreaking and devastating losses to our neighbors, to our pastors and to our leader, Madam PELOSI; and all all across the region, and this body our priests that the actions we’re tak- those who have been advocating for came together to provide the requisite ing today are right and that they fol- Sandy. We need to do this, and we need help so that we could begin that long low in the motto of this great country. to do it before we adjourn. road to recovery. Today is a very shameful day; but And we need to be there for all of the more than being shameful, the fact f American people who need help after that we are not addressing the needs of b 2340 storms. And now for Hurricane Sandy, the Sandy victims is not just shameful. HURRICANE SANDY RELIEF we need to come together and ask the It’s sinful. Speaker to reconsider to have this aid f (Mr. GRIMM asked and was given so that we can get this aid so that we permission to address the House for 1 can help this country get back up on HURRICANE SANDY RELIEF minute.) track. (Mr. SMITH of New Jersey asked and Mr. GRIMM. It is with an extremely f was given permission to address the heavy heart that I stand here almost in House for 1 minute and to revise and disbelief and somewhat ashamed that I HURRICANE SANDY RELIEF extend his remarks.) need to take to this floor. (Mr. ROTHMAN of New Jersey asked Mr. SMITH of New Jersey. Mr. What I’m thinking about are friends and was given permission to address Speaker, I do join my colleagues in and neighbors that lost more than the House for 1 minute.) asking that the Speaker reconsider. I their homes, more than their worldly Mr. ROTHMAN of New Jersey. Mr. want to thank Majority Leader ERIC possessions, more than the businesses Speaker, I represent the northeastern CANTOR who has worked tirelessly they’ve worked for their entire lives. part of the State of New Jersey. Mil- through these many days right up to They’ve lost family members. Now I lions of New Jerseyans and millions of the last couple of minutes. Today, fam- have to go home and tell them their folks in New York, Pennsylvania, and ilies lack housing, businesses are in New Year’s gift is that they’re going to Connecticut suffered devastating dam- shambles, and municipalities have been wait even longer for something they age, about $60 billion worth of damage, decimated; 346,000 housing units were should have had over a month ago. It’s from a natural disaster. I, too, as my damaged or destroyed in New Jersey inexcusable, and I am here tonight say- Republican and Democratic colleagues with 22,000 units today uninhabitable. ing to myself for the first time that have said, have voted time after time Approximately 100,000 new storm-re- I’m not proud of the decision my team for relief from natural disasters. lated unemployment claims have been has made. It was the wrong decision. I urge the Speaker to reconsider this filed in New Jersey—100,000—and over I am going to be respectful and ask unconscionable, inexplicable refusal to 235,000 people have already registered that the speaker reconsider his deci- let us vote on disaster relief for the with FEMA for individual assistance. sion because it’s not about politics. It’s millions who are still suffering in New This is a dire crisis. People are hurt- about human lives and human dignity, York, New Jersey, and Connecticut. ing. I talk to people in my district who and I pray that he understands that. We provide lots of revenue for the have been mal-affected, and they’re United States of America. We’re a looking to us for help, and they’re f donor State to the States who get a lot looking for timely help. We need to HURRICANE SANDY RELIEF more Federal aid than we give to those pass this. in New Jersey and New York. We’re (Mr. RANGEL asked and was given Please, Mr. Speaker, reconsider. permission to address the House for 1 due this. f But the question for the American minute.) people, Mr. Speaker, is: Why is the HURRICANE SANDY RELIEF Mr. RANGEL. I know there are many Speaker of the House doing this? What (Mrs. LOWEY asked and was given people watching us late this night that is going on in his caucus or in his permission to address the House for 1 truly don’t believe that the House of mind, Mr. Speaker, that would say minute and to revise and extend her re- Representatives can turn their back on we’re not going to allow a discussion marks.) any Americans and any part of this and a vote on aid that will address $60 Mrs. LOWEY. Mr. Speaker, I truly great Nation. But, Mr. Speaker, maybe billion worth of damages to tens of mil- feel betrayed this evening. I left this you could help us by reminding the lions of American citizens in the floor with an understanding that this people that we have a switchboard Northeast? bill was going to be brought to the down here. It’s 202–225–3121. It may not be able to do anything be- f floor. One of Congress’ most basic respon- cause the leadership just walked away HURRICANE SANDY RELIEF sibilities is to help families, commu- without the courtesy of saying that (Mr. RICHMOND asked and was given nities, and businesses recover. Yet Re- they didn’t have time to deal with the permission to address the House for 1 publicans refuse to act to help the vic- millions of people whose lives have minute.) tims of Sandy as expeditiously as we been affected. Maybe, Mr. Speaker, if Mr. RICHMOND. Mr. Speaker, I’m know we can. you can remind Americans who are from New Orleans, and we weren’t af- We can pass this bill tomorrow with just watching that maybe they should fected by Sandy. But we were great bipartisan support. Yet the Repub- call and ask the Congress and ask the beneficiaries of this body coming to- licans will adjourn this session, allow Speaker, Please, reconsider. We’re gether after Katrina and Rita to help this bill to be buried, and make sure going to be here tomorrow. We were us in a time of our greatest need. And that the people of our communities do told to be here tomorrow. it’s appalling that this House can’t not get the help that they need. Whatever happened to make someone come together when we have so many Disaster knows no boundaries. This angry tonight, the people that are suf- Americans in need. body has acted with speed and compas- fering as a result of this disaster,

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18615 they’re not responsible. Don’t make stituents and the people of their areas Mr. PLATTS. As a retiring Member, them pay for it. that the Federal Government would be I am proud to stand with my colleagues f there for them. It is a social compact. on both sides of the aisle from New Jer- It is the most important tie they have sey, New York, and Pennsylvania to HURRICANE SANDY RELIEF to us. urge action on this important issue. (Mr. MEEHAN asked and was given Again, if you could hear their per- Over the past 2 years, I’ve often been permission to address the House for 1 sonal stories you will know they’ll frustrated by the actions of the Sen- minute.) never be made whole. The rug has been ate—or the inactions, I should say, of Mr. MEEHAN. Mr. Speaker, I rise not pulled out from under them in terms of the Senate—where we would send bill as a person from a State that was di- their housing, their belongings, their after bill over there. Not that they rectly affected, because my State of pictures, their memories, the character would vote it down, but they just Pennsylvania, while impacted, had no of their neighborhoods. The rug has wouldn’t vote. They wouldn’t allow the where near the devastation of that been pulled out, and now tonight, is will of the people to be expressed by a which I saw in New York, New Jersey, this Congress, this House of Represent- vote’s being taken. and parts of Connecticut. atives, going to pull the rug out again If we conclude this session of Con- In fact, I was in New York a week ago from them legislatively? gress at noon on Thursday of this week in an elevator and met a man who was Just as a reminder, the Senate of the without voting on this important issue, telling me how happy he was that he fi- United States, in a bipartisan fashion, we are denying the will of the people to nally had a chance to get out of the passed a $60.4 billion assistance pro- be expressed. We’re not allowing that pickup truck that he had been sleeping gram for this natural disaster. It met to happen. I would contend of the will in since the storm. He was hoping, for the documented needs that were put of the people of America that the one the first time, to get back to his home. forth by the people of the regions, by thing they’re comfortable in spending His story is just one of hundreds of Governor Christie, by Governor Cuomo, their money on is in helping their fel- thousands through this devastated re- by Governor Malloy, Governor low Americans, and there is great need gion. Bloomberg, and so many others. So, in New Jersey, in New York and else- We have stepped up for our neighbors documented need. where. in other parts of our country because Again, it’s not going to make every- We need to stand together, and I hope these acts of nature are larger than one whole emotionally in their per- that we will come to the decision that any individual. We must be larger than sonal belongings and their memories it’s never too late to do the right that. Support the ability to give that and the rest, but it is a sign of respect thing. The right thing is to allow the support to those in this time of need. that we cannot let what happened will of the people to be expressed, for f stand and that the resources will be this issue to be voted on and to let the there to try to return them to some HURRICANE SANDY RELIEF Members express their opinions sense of order and home and home life. through their votes. I’m certain, if (Ms. PELOSI asked and was given I don’t know if any decision has been that’s the case, if that happens, the permission to address the House for 1 made. I hope not. I hope that as the will of the people will be to send the minute.) leadership meets and considers a pos- aid that is so badly needed. Ms. PELOSI. Mr. Speaker, if you’ve sible agenda for tomorrow, they would f ever had a natural disaster affect your reconsider this because this goes deep area or if you have ever visited a nat- into the hearts of people as they feel a HURRICANE SANDY RELIEF ural disaster, be it in California, my sense of helplessness for something (Mr. PAYNE asked and was given home State, or on the east coast or in they had no responsibility for, a nat- permission to address the House for 1 the Midwest, whether Iowa and the ural disaster. minute.) floods or Missouri in recent times, and Remember last year when we visited Mr. PAYNE. I am very dismayed by spoke to and listened to the pain in the some of the places where homes were what I have heard tonight. Citizens of voices and saw the fright in the eyes of uprooted? It’s earth, wind, and fire. this Nation—any of us—would think at the people affected, you would wonder When something like that happens, it’s a time of natural disaster they could why we are not bringing this legisla- the wind, it’s the water, it’s the fire. depend on their Congress, their Nation, tion to the floor. It isn’t about a nat- It’s every kind of thing assaulting peo- the people of this country. Many times, ural disaster; it’s about a human expe- ple. Let’s not be a part of that assault we have come to the aid of citizens rience. by putting doubts in their mind as to throughout this Nation. Why not now? When I was a very new Member of whether there is an appreciation for What is different now? New York, New Congress in the late eighties, we were what they have lost, a respect for who Jersey, Connecticut, and parts of Penn- affected in California by the Loma they are, and honoring of our social sylvania have been devastated. My dis- Prieta earthquake. I bring that up be- compact that the government will be trict not as much, but we still have cause the very next day after the there when people are in need. issues there that need to be addressed. earthquake, the chairman of the Ap- Again, I hearken back to Jamie Just the other day, I was on vacation propriations Committee, Mr. Jamie Whitten. We never had a moment to with my children, and I got a call. Whitten, came to the floor of the House fear that our needs would be met. Let’s There was a leak in the roof of my without anyone going to him or asking just make this night pass as if it never house. I did not realize there was about him. He went to the floor of the House happened. Let’s just replace the im- a 10-foot patch in my roof missing— and said to the people of California, pression that is out there with the idea from Sandy. I had the wherewithal to Congress will honor our responsibility that tomorrow we will take up the Sen- take care of it, but there are hundreds to the American people. We will put ate bill or take up the compromise that of thousands of residents in those forth what meets the needs of the peo- has been worked out to take this in States who need our help. ple. We need to work together to get two tranches. We cannot leave here I was told by a Member of this body, that done. It was such a comfort. doing nothing. That would be a dis- who was laid to rest this year, that this These were just words. It was such a grace. was a great body to serve in. Please let comfort to the people just to hear that f me know that he was telling the truth. and to know that a chairman would act b 2350 f upon that. And for the past few weeks, I know that our colleagues from New HURRICANE SANDY RELIEF HURRICANE SANDY RELIEF York, New Jersey, Connecticut, some (Mr. PLATTS asked and was given (Mr. DENT asked and was given per- in Pennsylvania and other surrounding permission to address the House for 1 mission to address the House for 1 areas, have been assuring their con- minute.) minute.)

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18616 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 January 1, 2013 Mr. DENT. My congressional district chance I’ll be able to address the H.R. 4389. To designate the facility of the abuts the State of New Jersey. Hun- House. United States Postal Service located at 19 dreds of thousands of people in my con- Six and a half years ago, I had the East Merced Street in Fowler, California, as gressional district were without power privilege of coming to the House and the ‘‘Cecil E. Bolt Post Office’’ standing here after a special election. H.R. 1339. To designate the City of Salem, for some time. We were very much im- Massachusetts, as the Birthplace of the Na- pacted, but what I noticed most during I’d like to paraphrase, basically, what I tional Guard of the United States. this terrible hurricane were all the said then: I come from the 50th District H.R. 5859. To repeal an obsolete provision New Jersey and New York license of California—a classic coastal commu- in title 49, United States Code, requiring plates in my congressional district. We nity. After having been out of the Con- motor vehicle insurance cost reporting were sheltering many of the evacuees gress for 5 years, they returned me H.R. 1845. To provide a demonstration who were looking for friends and fam- here to the House as the 50th District, project providing Medicare coverage for in- ily and who were just looking to go to it being that classic environmental home administration of intravenous immune globulin (IVIG) and to amend the title XVIII a place where they could be com- community, recycled Congressmen when it came to my election. I would of the Social Security Act with respect to fortable. the application of Medicare secondary payer I think it would be very wise for lead- just ask that both sides understand rules for certain claims ership to reconsider the decision to ad- what a great privilege it is to represent H.R. 4053. To intensify efforts to identify, journ the House before dealing with the 50th. prevent, and recover payment error, waste, this legislation. Frankly, I’m not yet In leaving, I just want to say one fraud, and abuse within Federal spending convinced that this legislation has ade- thing: I hear that one of the major H.R. 6671. To amend section 2710 of title 18, quately addressed some of the concerns issues you’re going to address when United States Code, to clarify that a video this new Congress comes in is the issue tape service provider may obtain a con- we have in the Commonwealth of Penn- sumer’s informed, written consent on an on- sylvania, but I’m willing to work with of immigration, and those of us in Cali- fornia understand that. The one place going basis and that consent may be ob- everybody to make it right. In having tained through the Internet witnessed what happened to our friends that Democrats and Republicans f in New Jersey and New York, I think should be able to agree on, especially it’s imperative that we stay here and with the budget crisis, is: When are we ADJOURNMENT going to stop the practice of people address this issue. Obviously, all of us Mr. BILBRAY. Mr. Speaker, I move have places we’d like to be right now, who are committing a crime by em- ploying illegal immigrants? that the House do now adjourn. perhaps, rather than right here, but it’s The motion was agreed to; accord- important. Our friends are struggling Take the tax deduction away, and re- quire that if a business wants to claim ingly (at 11 o’clock and 58 minutes and suffering, and I think we need to p.m.), under its previous order, the get the work done. a business deduction for employing somebody that we make sure those em- House adjourned until tomorrow, f ployees are legal—just by requiring E- Wednesday, January 2, 2013, at 10 a.m. HURRICANE SANDY RELIEF Verify. for morning-hour debate. (Mr. HOLT asked and was given per- Again, Mr. Speaker, I am going to f mission to address the House for 1 miss a lot of faces around here in Washington, but as a San Diegan, let EXECUTIVE COMMUNICATIONS, minute.) ETC. Mr. HOLT. E pluribus unum: one out me assure you that I will not miss the of many. weather. Under clause 2 of rule XIV, executive We help each other. We always have. God bless and thank you. communications were taken from the My district and many around were f Speaker’s table and referred as follows: badly affected by one of the largest BILLS PRESENTED TO THE 9000. A letter from the Attorney, Legal Di- storms, by one of the most expensive PRESIDENT vision, Bureau of Consumer Financial Pro- storms, by one of the worst storms in tection, transmitting the Bureau’s final rule Karen L. Haas, Clerk of the House, — Home Mortgage Disclosure (Regulation C): history. There are thousands of people reported that on December 31, 2012, she Adjustment To Asset-Size Exemption who are not going back to their homes. presented to the President of the Threshold [Docket No.: CFPB-2012-0049] re- They deserve our help. I wish I could United States, for his approval, the fol- ceived December 31, 2012, pursuant to 5 speak as articulately and in such a lowing bills: U.S.C. 801(a)(1)(A); to the Committee on Fi- nancial Services. measured manner as our leader did and H.R. 6587. To designate the facility of the 9001. A letter from the Deputy Assistant as others have, but I’m afraid my anger United States Postal Service located at 225 Administrator for Regulatory Programs, is going to get the better of me. Simi Village Drive in Simi Valley, Cali- NMFS, National Oceanic and Atmospheric Some weeks ago, someone said to me, fornia, as the ‘‘Postal Inspector Terry As- Administration, transmitting the Adminis- You know, you’re not going to get help bury Post Office Building’’ tration’s final rule — Fisheries of the Carib- from the House of Representatives be- H.R. 6379. To designate the facility of the United States Postal Service located at 6239 bean, Gulf of Mexico, and South Atlantic; cause these are blue States. They voted Reef Fish Fishery of the Gulf of Mexico; for a Democrat for President. Savannah Highway in Ravenel, South Caro- lina, as the ‘‘Representative Curtis B. Amendment 35 [Docket No.: 1206013412-2517- Now, I would like to think—and Mr. Inabinett, Sr. Post Office’’ 02] (RIN: 0648-BB97) received December 20, KING and Mr. LOBIONDO and Mr. SMITH H.R. 3892. To designate the facility of the 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Governor Christie would like to United States Postal Service located at 8771 Committee on Natural Resources. think—that this is not a partisan mat- Auburn Folsom Road in Roseville, Cali- 9002. A letter from the Acting Deputy Di- ter, but I have to wonder what could be fornia, as the ‘‘Lance Corporal Victor A. Dew rector, NMFS, National Oceanic and Atmos- pheric Administration, transmitting the Ad- going on here. Why would we not help Post Office’’ H.R. 3869. To designate the facility of the ministration’s final rule — Snapper-Group each other as this House has always United States Postal Service located at 600 Fishery of the South Atlantic; 2012 Commer- done? East Capitol Avenue in Little Rock, Arkan- cial Accountability Measure and Closure for f sas, as the ‘‘Sidney ‘Sid’ Sanders McMath South Atlantic Snowy Grouper [Docket No.: Post Office Building’’ 0907271173-0629-03] (RIN: 0648-XC380) received PERSONAL REFLECTION AND H.R. 2338. To designate the facility of the December 27, 2012, pursuant to 5 U.S.C. WISDOM FOR INCOMING CONGRESS United States Postal Service located at 600 801(a)(1)(A); to the Committee on Natural (Mr. BILBRAY asked and was given Florida Avenue in Cocoa, Florida, as the Resources. permission to address the House for 1 ‘‘Harry T. and Harriette Moore Post Office’’ 9003. A letter from the Deputy Director, Of- H.R. 6260. To designate the facility of the fice of Sustainable Fisheries, NMFS, Na- minute.) United States Postal Service located at 211 tional Oceanic and Atmospheric Administra- Mr. BILBRAY. I apologize to my col- Hope Street in Mountain View, California, as tion, transmitting the Administration’s final leagues for changing the subject for a the ‘‘Lieutenant Kenneth M. Ballard Memo- rule — Fisheries of the Northeastern United moment, but this will be the last rial Post Office’’ States; Summer Flounder Fishery; Quota

VerDate Sep 11 2014 11:51 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR12\H01JA3.001 H01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18617 Transfer [Docket No.: 111220786-1781-01] (RIN: Shellfish Poisoning (PSP) [Docket No.: PUBLIC BILLS AND RESOLUTIONS 0648-XC373) received December 27, 2012, pur- 050613158-5262-03] (RIN: 0648-BB59) received suant to 5 U.S.C. 801(a)(1)(A); to the Com- December 27, 2012, pursuant to 5 U.S.C. Under clause 2 of rule XII, public mittee on Natural Resources. 801(a)(1)(A); to the Committee on Natural bills and resolutions of the following 9004. A letter from the Deputy Director, Of- Resources. titles were introduced and severally re- fice of Sustainable Fisheries, NMFS, Na- 9011. A letter from the Director, Office of ferred, as follows: tional Oceanic and Atmospheric Administra- Sustainable Fisheries, NMFS, National Oce- By Mr. FITZPATRICK (for himself, tion, transmitting the Administration’s final anic and Atmospheric Administration, trans- Mrs. BACHMANN, Mr. FLORES, Mr. rule — Snapper-Grouper Fishery of the mitting the Administration’s final rule — HARPER, Mr. BILIRAKIS, Mr. GRIFFITH South Atlantic; Reopening of the Commer- Fisheries of the Caribbean, Gulf of Mexico, of Virginia, Mr. MULVANEY, Mr. CUL- cial Harvest of Red Snapper and Gray and South Atlantic; Snapper-Grouper Fish- BERSON, Mrs. BLACK, Mr. MCKINLEY, Triggerfish in the South Atlantic [Docket ery Off the Southern Atlantic States; Trans- Mr. POE of Texas, Mr. BARLETTA, Mr. No.: 120709225-2365-01 and 100812345-2142-03] ferability of Black Sea Bass Pot Endorse- GIBBS, Mr. JONES, Mr. BRADY of (RIN: 0648-XC367) received December 27, 2012, ments [Docket No.: 120718253-2644-02] (RIN: Texas, Mr. KELLY, Mr. SOUTHERLAND, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 0648-BC30) received December 27, 2012, pursu- Mr. FLEISCHMANN, Mr. NUGENT, Mr. mittee on Natural Resources. ant to 5 U.S.C. 801(a)(1)(A); to the Committee HENSARLING, and Mr. WESTMORE- 9005. A letter from the Acting Deputy Di- on Natural Resources. LAND): rector, Office of Sustainable Fisheries, 9012. A letter from the Federal Register Li- H.R. 6726. A bill to prevent the 2013 pay ad- NMFS, National Oceanic and Atmospheric aison Officer, Department of the Treasury, justment for Members of Congress and per- Administration, transmitting the Adminis- transmitting the Department’s final rule — sons holding other offices or positions in the tration’s final rule — Fisheries of the Carib- Small Business Bond Reduction [Docket No.: Federal Government from being made; to the bean, Gulf of Mexico, and South Atlantic; TTB-2012-0006; T.D. TTB-109; Re: Notice No. Committee on Oversight and Government 2012 Commercial Accountability Measure 131] (RIN: 1513-AB94) received December 31, Reform, and in addition to the Committee on and Closure for South Atlantic Blue Runner 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the House Administration, for a period to be sub- [Docket No.: 100812345-2142-03] (RIN: 0648- Committee on Ways and Means. sequently determined by the Speaker, in XC310) received December 27, 2012, pursuant 9013. A letter from the Chief, Publications each case for consideration of such provi- to 5 U.S.C. 801(a)(1)(A); to the Committee on and Regulations, Internal Revenue Service, sions as fall within the jurisdiction of the Natural Resources. transmitting the Service’s final rule — Pay- committee concerned; considered and passed. 9006. A letter from the Deputy Director, Of- out Requirement for Type III Supporting Or- By Mr. CAMP (for himself, Mr. BRADY fice of Sustainable Fisheries, NMFS, Na- ganizations That Are Not Functionally Inte- of Texas, Mr. LEVIN, and Mr. tional Oceanic and Atmospheric Administra- grated [TD 9605] (RIN: 1545-BG31; 1545-BL38) MCDERMOTT): tion, transmitting the Administration’s final received December 28, 2011, pursuant to 5 H.R. 6727. A bill to amend the Harmonized rule — Fisheries of the Exclusive Economic U.S.C. 801(a)(1)(A); to the Committee on Tariff Schedule of the United States to mod- Zone Off Alaska; Other Flatfish, Other Rock- Ways and Means. ify temporarily certain rates of duty, and for fish, Pacific Ocean Perch, Sculpin, and Squid 9014. A letter from the Chief, Publications other purposes; to the Committee on Ways in the Bering Sea and Aleutian Islands Man- and Regulations, Internal Revenue Service, and Means. agement Area [Docket No.: 111213751-2102-02] transmitting the Service’s final rule — Vol- By Mr. DENHAM (for himself, Mr. (RIN: 0648-XC377) received December 27, 2012, untary Classification Settlement Program MICA, and Mr. RAHALL): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Announcement 2012-45] received December H.R. 6728. A bill to reauthorize the pro- mittee on Natural Resources. 31, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to grams and activities of the Federal Emer- 9007. A letter from the Acting Deputy Di- the Committee on Ways and Means. gency Management Agency, and for other rector, Office of Sustainable Fisheries, 9015. A letter from the Chief, Publications purposes; to the Committee on Transpor- NMFS, National Oceanic and Atmospheric and Regulations, Internal Revenue Service, tation and Infrastructure. Administration, transmitting the Adminis- transmitting the Service’s final rule — Vol- By Mr. CULBERSON (for himself, Mr. tration’s final rule — Atlantic Surfclam and untary Classification Settlement Program- HULTGREN, Mr. BARTLETT, Mr. Ocean Quahog Fisheries; 2013 Fishing Quotas Temporary Eligibility Expansion [Announce- MCKINLEY, Mr. BILBRAY, Mr. LANCE, for Atlantic Surfclams and Ocean Quahogs; ment 2012-46] received December 31, 2012, pur- Mr. BARLETTA, Mr. OLSON, Mr. and Suspension of Minimum Atlantic suant to 5 U.S.C. 801(a)(1)(A); to the Com- THOMPSON of Pennsylvania, and Mr. Surfclam Size Limit [Docket No.: 101013504- mittee on Ways and Means. CHABOT): 0610-02] (RIN: 0648-XC353) received December 9016. A letter from the Chief, Boarder Secu- H.R. 6729. A bill to save at least 27, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to rity Regulations Branch, Department of $10,000,000,000 by consolidating some duplica- the Committee on Natural Resources. Homeland Security, transmitting the De- tive and overlapping Government programs; 9008. A letter from the Acting Deputy Di- partment’s final rule — Opening of Boquillas to the Committee on Oversight and Govern- rector, Office of Sustainable Fisheries, Boarder Crossing and Update to the Class B ment Reform, and in addition to the Com- NMFS, National Oceanic and Atmospheric Port of Entry Description [Docket No.: mittee on Appropriations, for a period to be Administration, transmitting the Adminis- USCBP-2011-0032] (RIN: 1651-AA90) received subsequently determined by the Speaker, in tration’s final rule — Fisheries of the North- December 27, 2012, pursuant to 5 U.S.C. each case for consideration of such provi- eastern United States; Summer Flounder 801(a)(1)(A); jointly to the Committees on sions as fall within the jurisdiction of the Fishery; Quota Transfer [Docket No.: Homeland Security and the Judiciary. committee concerned. 111220786-1781-01] (RIN: 0648-XC340) received f By Ms. ROS-LEHTINEN: December 27, 2012, pursuant to 5 U.S.C. REPORTS OF COMMITTEES ON H. Con. Res. 147. Concurrent resolution 801(a)(1)(A); to the Committee on Natural waiving the requirement that measures en- Resources. PUBLIC BILLS AND RESOLUTIONS rolled during the remainder of the One Hun- 9009. A letter from the Acting Deputy Di- Under clause 2 of rule XIII, reports of dred Twelfth Congress be printed on parch- rector, Office of Sustainable Fisheries, committees were delivered to the Clerk ment; considered and agreed to. NMFS, National Oceanic and Atmospheric Administration, transmitting the Adminis- for printing and reference to the proper f calendar, as follows: tration’s final rule — Fisheries of the North- CONSTITUTIONAL AUTHORITY eastern United States; Northeast Multispe- Mr. ISSA: Committee on Oversight and STATEMENT cies Fishery; White Hake Trimester Total Government Reform. Activities of the House Allowable Catch Area Closure for the Com- Committee on Oversight and Government Pursuant to clause 7 of rule XII of mon Pool Fishery [Docket No.: 120109034- Reform, One Hundred and Twelfth Congress, the Rules of the House of Representa- 2171-01] (RIN: 0648-XC369) received December Second Session (Rept. 112–740). Referred to tives, the following statements are sub- 27, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee of the Whole House on the mitted regarding the specific powers the Committee on Natural Resources. state of the Union. granted to Congress in the Constitu- 9010. A letter from the Director, Office of Mr. DREIER: Committee on Rules. House Sustainable Fisheries, NMFS, National Oce- Resolution 844. Resolution providing for con- tion to enact the accompanying bill or anic and Atmospheric Administration, trans- sideration of the Senate amendments to the joint resolution. mitting the Administration’s final rule — bill (H.R. 8) to extend certain tax relief pro- By Mr. FITZPATRICK: Magnuson-Stevens Fishery Conservation and visions enacted in 2001 and 2003, and to pro- H.R. 6726. Management Act Provisions; Fisheries of the vide for expedited consideration of a bill pro- Congress has the power to enact this legis- Northeastern United States; Extension of viding for comprehensive tax reform, and for lation pursuant to the following: Emergency Fishery Closure Due to the Pres- other purposes (Rept. 112–741). Referred to Clause 1 of Section 6 of Article I of the ence of the Toxin That Causes Paralytic the House Calendar. Constitution, which states ‘‘The Senators

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and Representatives shall receive a Com- Congress has the power to enact this legis- H.R. 6693: Mr. FARR. pensation for their Services, to be lation pursuant to the following: H.R. 6721: Mr. LANKFORD, Mr. LOBIONDO, ascertained by Law, and paid out of the Article I, Section 8 of the United States Mr. THOMPSON of Pennsylvania, Mr. Treasury of the United States.’’ and Clause 1 Constitution, specifically Clause 1 (relating MULVANEY, Mr. CULBERSON, Mr. STIVERS, Mr. of Section 1 of Article I, which states ‘‘All to providing for the common defense and COFFMAN of Colorado, Mr. NUGENT, and Mr. legislative Powers herein granted shall be general welfare of the United States) and WESTMORELAND. vested in a Congress of the United States, Clause 18 (relating to the power to make all H.R. 6722: Mr. BARTLETT and Mr. CUM- laws necessary and proper for carrying out which shall consist of a Senate and House of MINGS. Representatives.’’ the powers vested in Congress) and Article I, By Mr. CAMP: Section 10, Clause 3 (relating to interstate f H.R. 6727. compacts). Congress has the power to enact this legis- By Mr. CULBERSON: lation pursuant to the following: H.R. 6729. PETITIONS, ETC. Article I, Section 8, Clause 1—The Con- Congress has the power to enact this legis- gress shall have Power to lay and collect lation pursuant to the following: Under clause 3 of rule XII, US Constitution Article I, Section 9, Taxes, Duties, Imposts and Excises, to pay 66. The SPEAKER presented a petition of Clause 7 the debts and provide for the common Advisory Neighborhood Commission, Wash- Defence and general Welfare of the United f ington, DC, relative to resolution urging the States; but all Duties, Imposts and Excises ADDITIONAL SPONSORS Speaker to adopt a bipartisan and balanced shall be uniform throughout the United approach to deficit reduction; which was re- States. Under clause 7 of rule XII, sponsors ferred jointly to the Committees on Over- By Mr. DENHAM: were added to public bills and resolu- sight and Government Reform and Ways and H.R. 6728. tions as follows: Means.

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H.R. 1464, THE NORTH KOREA Today his congregation and all privileged to Although excessive government spending REFUGEE ADOPTION ACT know him join in tears for his passing and in and mounting public debt appear to provide prayers of gratitude for his life. some good in the short term, but in the long HON. CHRIS VAN HOLLEN Our heartfelt condolences go to his wife term, Keynesian economics only make things OF MARYLAND Leypsa and the entire Groner family. worse and create grounds for the inevitable IN THE HOUSE OF REPRESENTATIVES f collapse of any country again. Keynes had an answer for this when he said, ‘‘In the long Tuesday, January 1, 2013 MY FAREWELL SPEECH term, we are all dead.’’ In all my 20 years in Mr. VAN HOLLEN. Mr. Speaker, I rise as a Congress we have never seriously tried to re- cosponsor of H.R. 1464, the North Korea Ref- HON. CLIFF STEARNS duce debt or reduce the deficit even under ugee Adoption Act, and to thank Mr. ROYCE OF FLORIDA Republican control. Yet this colossal public and Ranking Member BERMAN for their efforts IN THE HOUSE OF REPRESENTATIVES debt is hurting our sovereignty and will eventu- on this important bi-partisan bill. Tuesday, January 1, 2013 ally move us to a one-world government. Even This measure was introduced to assist Mr. STEARNS. Mr. Speaker, as I close my with the TARP bailout we had to bailout Chi- North Korean children living ‘‘stateless’’ out- nese banks including European banks. Glob- side of that country who face starvation and 24 years in Congress I wanted to take an op- portunity to express my sentiments in two alism creates interdependence, which creates neglect because they are neither North Ko- a crisis everywhere. Is it the responsibility of rean citizens nor citizens of the country where areas; one) the continued bailouts that have the Government to prime the economic pump? they currently reside. Many of these children occurred and the continued Keynesian resolu- What is good for a family surely must be good have Chinese fathers and North Korean moth- tion to all our economic problems and two) for a nation. What would a family do in an ers but are not claimed by either parent, and what should be done to get our budget and economic crisis? Just the opposite to what being stateless, don’t have access to the re- subsequent deficits under control. Congress and the Administration did. They re- sources of either country. With the recent bailouts in Congress Ameri- The bill encourages the Homeland and cans are wondering if Capitalism works. And duce spending and become more productive. State Departments to develop strategies to when is the next bust going to happen. Having They would not take on more debt. And they help reunite North Korean refugee children voted against the TARP for Wall Street and would look for other ways to not just save with their families or to facilitate the adoption the huge Stimulus package, I am wondering money but also increase the revenue to the of the children by citizens of South Korea, the same thing. Do we have to deflate our family. Take another job or become more effi- China or other countries. In the Senate, the money every time there is a crisis with the cient and if there was incompetence or corrup- bill was amended to require the Secretary of Federal Reserve stepping in by printing huge tion involved. Put those individuals in jail and State to designate a representative to regu- sums of money and transferring it to the allow their businesses to go bankrupt. Do not larly brief the Congress on U.S. efforts to ad- Treasury Department, they then hand it out to reward bad business decisions. But we have vocate for the best interests of North Korean businesses that they deem important and nec- done just the opposite with these bailouts. children. essary? Congress has no say so in this matter Giving money to financial institutions that cre- There are many American families who once the bill is passed. There are rarely any ated the problem with no supervision or con- would love to give a home to these orphans safeguards with the legislation and complete trols. As the Inspector General for the Treas- and refugee children if they could. This bill will cart blanche authority is given to these two ury Dept. recent report has indicated. Half of help to facilitate that process. I encourage my government agencies, which is down right the money given out is unaccounted for and colleagues to join me in support of the bill. awful. Mr. Paulson changed his strategy from there again are incidents of corruption. The f buying the toxic loans to bailout Wall Street Government spends taxpayer’s money to do firms and banks. Then the 15 largest banks what they think is in the best interest of those ON THE PASSING OF RABBI IRWIN that received this money were the same ones in power. A sad commentary. GRONER that made money off the sale on packaging of So what is Keynesian economics? Simply these financial devices that get bail out be- said it is that the government has all the an- HON. SANDER M. LEVIN cause they are considered to big to fail. Rub- swers! It can create something out of nothing, OF MICHIGAN bish. that is, prosperity. Or said another way, the IN THE HOUSE OF REPRESENTATIVES But what is the pretext for these bailouts? It government is the almighty. That is Keynesian Tuesday, January 1, 2013 is Keynesian economics. His mantra of ‘‘But economics. And how do we solve the mount- ing debt we build up to cover the deficit stim- Mr. LEVIN. Mr. Speaker, today funeral serv- we only owe it to ourselves!’’ is the password ulus spending? They tell us by rising popu- ices are being held at the Congregation for all economic theory. We did in every major Shaarey Zedek in Southfield, Michigan for its financial crisis in America and England also. lation and controlled inflation. But, abortion is beloved, esteemed Rabbi, Irwin Groner. The government becomes almighty. His ideas legal in America and therefore we cannot Rabbi Groner served the congregation for have become the basis for socialistic govern- count on the rise of population. On inflation, over 50 years. He became a continuing ments around the world. To get the economy few management systems, including dictator- source of wisdom and warmth of personality moving again, Keynes taught, it was the re- ships, have been able to control inflation. So for numerous thousands as he served in var- sponsibility of government to create full em- where will the money come from to pay this ious positions in the Jewish community in met- ployment, even if it had to borrow money and debt? To make the borrowing possible, all na- ropolitan Detroit and beyond. He was active in assume huge debt to do so. Rather than get tions will be tied together to create a world promoting good will among all faiths in metro- rid of the problems that created the economic bank to set up an international economic con- politan Detroit. depression, greed, corruption and incom- struct. Keynesian economics has put this con- His written works will continue to spread his petence and then allowing the markets to work struct together so that in the very near future words of wisdom in books of his sermons and and punish those folks who caused the prob- we will have international control of our bank- his publications on Torah. Also persevering lems; these folks get bailed out. Why? Be- ing system. will be the feelings of the deepest affection cause of Keynesian economics and political So what is the alternative solution? Yes among all of us blessed by his friendship. might. Those at the levers of power are gen- there is a predictive business cycle but built In his words: ‘‘Our congregation has prayed erally connected to Wall Street or big financial into the economy there are factors that could together, wept together, rejoiced together, institutions. Again contrary to basic business pull an economy upward from depression and failed together and achieved together.’’ logic. recessions. During these times, savings would

● 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.

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He said federal government through federalism, which as important as they are for a country. Without that at the bottom of the business cycle there I mentioned earlier. This balance between the these gifts, no country will last or endure. would not be enough savings to reduce inter- states, the federal government is the balance As I close my career in Congress, I want to est rates and cause the cycle to move up that was required to keep the country safe thank my family, especially my lovely wife, again. The static values of savings and invest- from plutocracy in all its forms and in all its lo- Joan, for her constant and continued support ment would not work. The business invest- cations—banks, the military, and governments. and all my loyal supporters for their encour- ment and enterprise could not be depended to The destruction of states’ rights and the cen- agement and good cheer. God Bless America. work. There was no constant guarantee of an tralization of power unchecked in the federal f upward movement of the economy. He believe government have contributed to what is today there needed to be a tonic, a catalyst, to get called the imperial presidency. It was never in- 2013 NATIONAL DEFENSE the economy moving again. That tonic was tended the President could force through his AUTHORIZATION ACT planned government investment. own legislation without Congress’s intervening Did a family need that to pull themselves and reaction. Today Congress pretty much fol- HON. JOSEPH CROWLEY up? No. So why would a nation. Keynes cre- lows the President’s desires almost as leader- OF NEW YORK ated a permanent condition of government ship worship. Isn’t his job mainly to be sure borrowing and deficit spending. In fact that be- IN THE HOUSE OF REPRESENTATIVES that the law of the land is enforced and enact came the recommended course of action for Tuesday, January 1, 2013 a legal foreign policy? And nothing else. all nations. People must abandon the insane The Framers of our Constitution realize how Mr. CROWLEY. Mr. Speaker, I rise to sup- idea that they can borrow their way out of important the rule of law was and knew how port the provisions of the 2013 National De- bankruptcy. the English monarchs issued the courts to fense Authorization Act that ban the overseas My second reason for speaking tonight is on transport of a minor for the purposes of female what is the solution to our continuing budget serve their own purposes. They also under- genital mutilation, or FGM. deficits. stood there could be no order without law, no After twenty-four years I have seen it all. law without morality, and no morality without This language mirrors the bipartisan Girls The fake budgets and the competing fake religion. They were not secular humanist, that Protection Act, legislation I authored and intro- budgets. The President in every administration is so prevalent in our country today. The duced in the 111th and 112th Congresses. in which I served has not offered a real bal- President should spend more time in office FGM is an issue that isn’t always easy to anced budget, which included Social Security, protecting these laws. talk about, and one that has gone on for far Medicare and Medicaid. And lastly, I firmly believe we need to sun- too long. According to the World Health Orga- I think again we should go back to what set many if not all of the government pro- nization, up to 2 million girls—or 6,000 per Thomas Jefferson said in 1798: grams and carefully evaluate the good ones day—are threatened with FGM each year. I wish it were possible to obtain a single and consolidate programs to protect the tax- Here in the United States, studies indicate that amendment to our Constitution. I would be payers from duplication and waste. Even with all too many girls are under similar threat. The willing to depend on that alone for the re- Republican revolution, we could not shut down United Nations says that FGM is an ‘‘irrep- duction of the administration of our govern- any government programs. In fact when I had arable, irreversible abuse’’ inflicted on women ment to the genuine principles of Constitu- amendments to reduce the budget by 1% and girls. tion. I mean an additional article, taking I couldn’t agree more. So, when some New from the federal government the power of across the board, it failed. I have even tried to borrowing. reduce some programs less that 1% and Yorkers approached me three years ago and told me that girls from my own city were being We have had a war in Iraq and President again Congress did not have the courage to Bush did not put the war effort on budget but even make this reduction. If Congress cannot transported overseas where they were forced instead just offered supplemental spending do this, then a base-closure commission like to undergo FGM, I knew we needed to take amendments to cover the cost. This could only we did for the military bases should be set up action. Since FGM is illegal in the United be financed by borrowing because the tax- to eliminate and reduce obsolete and unnec- States, it should be illegal to transport a minor payers would not make the sacrifice to pay for essary government programs. Without this overseas for the same purpose. the war so the cost had to be hidden. There type of action, our government continues to This provision addresses the issue by put- were no checks and balances here because grow and the bureaucracy will ultimately be ting law enforcement on the side of girls. If the Republicans including myself voted for this too strong to counteract. signed into law, it will never again be accept- spending. But debt will destroy our country. Time and time again I see votes on the able, or legal, to transport a minor from the Going back to Jefferson, he reiterated several House floor that have a wonderful name to United States to another country for the pur- times that one generation cannot—either mor- them, such as the Habitat for Pelicans, the poses of FGM. It will also be illegal to con- ally or in fact—bind another. He stipulated, Protections of Wildlife Reserve, Save Our spire to transport a minor abroad for the pur- ‘‘No generation can contract debts greater Water Restoration Act and so on. The pieces poses of FGM. In fact, if this bill is signed into than may be paid during the course of its own of legislation are brought up under what is law, those actions will be a crime. The intent existence.’’ And further he said, ‘‘. . . the called suspension, i.e., without going through of this legislation is clear—if you plan or par- earth belongs in usufruct (trust) to the living regular order with no ability to amend them. ticipate in the transportation of a minor abroad . . . the dead have neither powers nor rights They pass overwhelmingly because members for so that the minor can undergo FGM, you over it.’’ If one generation can charge another just assume they are good. But they cost will have committed a criminal act. for its debts, ‘‘then the earth would belong to money and when you are operating in a deficit The days of impunity for FGM are now over. the dead and not to the living generation.’’ Jef- mode, you cannot afford them. But they pass Girls who may feel under threat, and families ferson continued, ‘‘The conclusion then is, that anyway. and communities who seek to protect girls neither the representatives of a nation, nor the Let me close with what we need in all cases from being transported overseas for FGM, will whole nation itself assembled, can validly en- is wisdom, which is not specially directed to- be able to turn to law enforcement for help. gage debts beyond what they may pay in their ward Americans but to all countries and to in- Clearly, there is much more that must be own time.’’ Madison did not agree and used dividuals. There are seven demonstrations of done to address FGM. We need to fund cul- the example of a large bridge. But Jefferson these wisdoms, which we should remind our- turally-appropriate outreach and education ef- argued that there could be no exception. Be- selves. forts. We need to work with counselors, teach- cause the power to borrow was too dangerous This is from Isaiah 11:13 and are the gifts ers and medical providers to ensure they to allow exceptions—any exceptions would ex- of the Holy Spirit. know to help prevent FGM. We need to do ev- pand to destroy the amendment. 1. Fear of the Lord erything we can to empower girls. And, efforts

VerDate Sep 11 2014 11:54 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR12\E01JA3.000 E01JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD January 1, 2013 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 18621 should be carried out in consultation with com- turned tragic when law enforcement open fire ican, my friend, Walter E. Lencki. Sadly, Walt munities where FGM may be prevalent, many on the student protestors, killing three young passed away on December 24 of this year at of whom have already stepped forward to re- men and wounding nearly two dozen others. the age of 78. Our nation has lost a true pa- nounce the practice of FGM. I believe that ulti- Following the tragedy, Dr. and Mrs. Nance triot. mately these types of efforts are equally as formed the rock that held the campus to- important as instituting a ban on FGM, and we gether. Their strength and compassion united Walt dedicated his life to service; to our must work to make them a reality here in the the college, and ultimately, Dr. Nance was re- country, to his community and to the people United States. warded by being named the permanent presi- he loved. Born January 5, 1934 and raised in f dent of South Carolina State. It was a position Chicago, Walt attended Catholic schools and he held for 19 years with great distinction. upon graduating enlisted in the U.S. Marine TRIBUTE TO MRS. JULIE ETTA Julie Nance continued to build on the family Corps. He served his nation proudly in the Ko- WASHINGTON NANCE atmosphere on the Orangeburg campus. She rean conflict and earned the respect of his fel- and her husband often hosted events in their low Marines and his family. After being award- home and at the president’s office, where stu- HON. JAMES E. CLYBURN ed an honorary discharge from the Corps, he dents, faculty and staff could mingle. Julie, OF SOUTH CAROLINA known for her elegance and charm, was a tre- joined his family in relocating to California, IN THE HOUSE OF REPRESENTATIVES mendous asset to her husband to whom she where he made his home for many years. Tuesday, January 1, 2013 was married for more than 50 years. During After working briefly in sales, Walt found his Mr. CLYBURN. Mr. Speaker, I rise today to their leadership at S.C. State, the college ex- true calling and joined the Burbank, California, pay tribute a woman who will be forever perienced great growth and increased its influ- police force where he quickly rose to the rank known as ‘‘the First Lady of South Carolina ence within the community and the state. After of homicide detective. His expertise made him State College.’’ I was fortunate to know Mrs. Dr. Nance retired in March 1986, the couple an invaluable instructor to police and other remained two of the college’s staunchest sup- Julie Etta Washington Nance since my days first responders, and he later shared his on the campus in the late 1950s. She passed porters. Mrs. Nance received numerous awards in- knowledge as a teacher at several colleges in away on December 30, 2012, and I know that cluding the Distinguished Alumna Award from California. she will be sorely missed by so many who had South Carolina State University and the the privilege to know her. I came to know Walt when he once again Sammie Davis Jr. Life Membership Achieve- Julie Nance was born in 1926, the daughter displayed his desire to serve his military com- ment Award given by the NAACP, of which of J. Irwin Washington, who was South Caro- rades and their families by helping to found she was a lifetime member. She also held life lina State College’s business manager for 40 and organize the Semper Fi #1 Memorial memberships in the South Carolina State Uni- Honor Guard at Riverside Memorial Cemetery years, and Julia Robinson Washington. J. I., versity Alumni Association and Delta Sigma in Riverside, California, to honor fallen Vet- as he was called, was my longtime mentor, Theta Sorority Incorporated. She was a mem- and I was honored to have a close association ber of Williams Chapel A.M.E. Church, the erans who would otherwise not have received with the Washington family throughout my life. Links, Inc. and an Emeritus member of The the military honors they had earned in service From the time she was born, Julie was con- Regional Medical Center Foundation Board. to our nation. Walt served as a charter mem- nected to South Carolina State College (now In addition to being the parents of two sons, ber of this proud group of Marines, and again University). She lived with her family on the the couple was also grandparents to two used his expertise as a trainer to those who Orangeburg campus and attended Felton Lab- granddaughters, Michelle Nelson and Kimberly also sought to join this volunteer group. oratory School, also located there. After grad- Colley; three grandsons, Nicholas Nance, Mil- It was a great honor to support the efforts uating from Wilkinson High School, she at- ligan Nance and Kevin Hunt; and four great- of Walt and Semper Fi #1 Memorial Honor tended S.C. State and earned her Bachelor of grandchildren, Mya Nelson, Maci Nelson, Science degree in elementary education in Madison Hunt and Halie Hunt. Guard, and it was clear that Walt’s love of 1947. When Mrs. Nance departed this life, she country and respect for service was a driving She briefly left Orangeburg to teach first was at home in her longtime Orangeburg resi- force behind the establishment of this out- grade in Florence for one year, but returned to dence located on the road that was ceremo- standing organization. Orangeburg to work in the college bookstore nially named in 2000 the ‘‘Dr. M. Maceo Walt is survived by his loving wife, Oksana, and to be closer to the love of her life, M. Nance Jr. Highway’’ in honor of her beloved who he married in May of 2009 in Portland, Maceo Nance, Jr. He had been enrolled on husband. Oregon, near the community of Roseberg the campus in 1942, but joined the U.S. Navy Mr. Speaker, I ask that you and my col- where he had retired, his children Denise for three years during World War II. He re- leagues join me in honoring the life and legacy Fejtek and her husband, Paul, Douglas turned to campus after his military service. of this remarkable woman. Mrs. Julie Etta The two married in 1950, and lived with her Washington Nance’s entire life was devoted to Lencki, and Daniel Lencki and his wife, Renee parents on campus until they were able to South Carolina State College (University). This and his grandson, Ryan and Oksana’s son, build their own home next door. institution, the Orangeburg community, and Nazar Davyda. Dr. Nance began his 37-year career at the State of South Carolina are much better I extend my deepest sympathy to Oksana South Carolina State as a supply clerk. As he places because of her leadership and dedica- and the entire Lencki family and hope that rose through the ranks on campus, Julie tion. they will find comfort in the memory of the stayed home to raise her two sons, M. Maceo f time they shared with this remarkable man. I Nance, III and Robert M. Nance, who would HONORING WALTER E. LENCKI ask that my colleagues join me in honoring the later become the District Director for my Con- memory of this proud Marine and patriotic gressional office where he has served continu- American. His life of service and devotion to ously for the past 20 years. HON. MARY BONO MACK OF CALIFORNIA our nation inspired me and countless others, In 1967, Dr. Nance was named the interim IN THE HOUSE OF REPRESENTATIVES and his legacy will live on in his beloved Ma- president of South Carolina State during the tumultuous days of the civil rights movement. Tuesday, January 1, 2013 rine Corps and his family. Shortly after taking office, a protest in front of Mrs. BONO MACK. Mr. Speaker, I rise Thank you, Walt, for your service and the campus over a segregated bowling alley today to honor the memory of a great Amer- friendship.

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