18108 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 SENATE—Friday, December 21, 2012

The Senate met at 1 p.m. and was At approximately 2 p.m., there will vote with some Republicans and it will called to order by the Honorable SHEL- be a rollcall vote on adoption of the na- pass. The clock is ticking until the Na- DON WHITEHOUSE, a Senator from the tional defense conference report. We tion goes over the fiscal cliff and taxes State of Rhode Island. will work on an agreement for amend- go up for every family in America. But ments in order to complete action on there is still time for the Speaker to PRAYER the supplemental as well as an agree- hit the brakes and avoid that cliff. We The Chaplain, Dr. Barry C. Black, of- ment on FISA. don’t need the ‘‘Thelma and Louise’’ fered the following prayer: f projection over that cliff. Let us pray. The Senate-passed bill would protect RECOGNITION OF THE MAJORITY 98 percent of families and 97 percent of Eternal God, You only are immortal, LEADER so today we offer our thanksgiving. small businesses from crippling tax Thank You for life and for opportuni- The ACTING PRESIDENT pro tem- hikes while President Obama and the ties to make our Nation stronger. pore. The majority leader is recog- Speaker work toward a compromise Thank You for the peace You give, nized. agreement. That agreement should be even in the midst of storms. Use our f comprehensive. If Republicans truly want to ensure American families’ Senators today, filling them with THE FISCAL CLIFF strength and purpose. May they labor taxes don’t go up on January 1, they to encourage the right and correct the Mr. REID. Mr. President, last night should simply pass the Senate bill. The wrong. When they meet with reversal the House of Representatives proved only reason Speaker BOEHNER hasn’t and failure, may they not become what we have known for quite a while: brought our bill to the floor sooner is weary but continue to work to fulfill Speaker BOEHNER’s plan to raise taxes he knows it will pass. He worked for a Your will. on 25 million middle-class taxpayers day or two seeing if he could bring that We pray in Your sacred Name. Amen. while handing out $50,000 bonuses to up so it wouldn’t pass. That didn’t millionaires and billionaires was dead f work either. on arrival. We said that yesterday. We Americans are not fooled by the PLEDGE OF ALLEGIANCE knew the so-called Plan B was no plan Speaker’s phony procedural excuses for The Honorable SHELDON WHITEHOUSE at all. It couldn’t pass the Senate. It failing to bring this solution to a vote. led the Pledge of Allegiance, as follows: turns out it couldn’t pass the House ei- They are tired of excuses. They expect I pledge allegiance to the Flag of the ther. It is too bad Speaker BOEHNER action. United States of America and to the Repub- wasted 1 week on this futile political Let me be very plain. There is noth- lic for which it stands, one nation under God, stunt, and that is all we can call it. ing preventing the Speaker from tak- indivisible, with liberty and justice for all. But at least now House Republicans ing up our bill and giving middle-class f have gotten the message loudly and families certainty. I say to my friend, clearly that any comprehensive solu- the Speaker: This isn’t a game. It isn’t APPOINTMENT OF ACTING tion to the looming fiscal cliff will PRESIDENT PRO TEMPORE about scoring political points or put- need to be a bipartisan solution. No ting wins on the board. There will be The PRESIDING OFFICER. The comprehensive agreement can pass ei- very serious consequences for millions clerk will please read a communication ther Chamber without both Democratic of families if Congress fails to com- to the Senate from the President pro and Republican votes, which means promise, and there will be very serious tempore (Mr. LEAHY). any solution will have to ask the most consequences for our country if Con- The assistant legislative clerk read fortunate among us to pay a little gress fails to compromise. the following letter: more to reduce the deficit and ensure It is time for the Speaker to return U.S. SENATE, partisanship doesn’t take the Nation to to the negotiating table ready to com- PRESIDENT PRO TEMPORE, the brink of default. promise, and it is time for the House— Washington, DC, December 21, 2012. Nothing that has passed the House of especially House Republicans—to re- To the Senate: Representatives fits that test—noth- member what is at stake. Under the provisions of rule I, paragraph 3, ing. A few days ago President Obama of the Standing Rules of the Senate, I hereby I repeat, the $250,000 program would OEHNER appoint the Honorable SHELDON WHITEHOUSE, and Speaker B appeared poised pass overwhelmingly in the House. It is a Senator from the State of Rhode Island, to to strike a grand bargain, but we have up to the Speaker to let that vote perform the duties of the Chair. heard that before. Instead of making occur. PATRICK J. LEAHY, hard choices of compromise, as Presi- The ACTING PRESIDENT pro tem- President pro tempore. dent Obama has been willing to do, the pore. The Republican leader. Mr. WHITEHOUSE thereupon as- Speaker retreated to his corner and re- f sumed the chair as Acting President sorted to political stunts, but that pro tempore. stunt fell flat. THE DAY AFTER f It is time for the Speaker and all Re- Mr. MCCONNELL. Mr. President, publicans to return to the negotiating most people, of course, are focused on SCHEDULE table. We have never left. It is time for what happened last night over in the The ACTING PRESIDENT pro tem- Republicans to work with us to find House. I would like to focus on the pore. The Senator from North Carolina. the middle ground. That is the only press conference that congressional Mrs. HAGAN. Mr. President, fol- hope of averting the devastating im- Democrats held just a few hours ear- lowing leader remarks, the Senate will pacts of the fiscal cliff. The fiscal cliff lier. begin consideration of the conference needs to be avoided. Here were the leaders of the Demo- report to accompany H.R. 4310, the Na- In the meantime, the Speaker should cratic Party in the Senate—other than tional Defense Authorization Act. The bring the middle-class tax cut passed the President, these are the folks with filing deadline for second-degree by the Senate 5 months ago to the floor the greatest responsibility for pro- amendments to the emergency supple- of the House for a vote. We know it will tecting the American people from a mental bill is 1:30 p.m. today. pass. All he has to do is let Democrats massive tax hike coming in January—

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

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18109 and what did they do? They stood in Let’s vote on amendments from all ready turned that bill down. The real front of the cameras and laughed. They sides, and then let’s go to conference answer lies in the Speaker, who con- laughed. They giggled at a bunch of with the House of Representatives. trols the House of Representatives, bad jokes and told the American people They have already passed a bill—one I talking to the President and working they didn’t plan to do anything this support—to prevent a tax hike on all things out. week—nothing, absolutely nothing. Americans and reform the Tax Code. The ACTING PRESIDENT pro tem- Democrats in the House vowed they Why don’t we take it up here? Let’s get pore. The Republican leader. wouldn’t vote for this bill, the major- this done. Mr. MCCONNELL. All I was sug- ity leader vowed he would ignore it if it It is called legislating. That is what gesting to my friend the majority lead- made it out of the House and landed in we used to do in Congress. Democrats er is that you have the tax bill that the Senate, and the President vowed he may be popping champagne corks originated in the House. It came over would veto it if it made it out of the today about bringing down Plan B, but to the Senate. If our friends in the ma- Senate. all their efforts to do so yesterday will jority don’t like that version of it, they So Democrats spent literally all day not protect a single taxpayer from a could call it up, amend it, and see if yesterday defeating a bill that would massive tax hike in just a few weeks. there is a majority in the Senate for make current tax rates permanent for The American people are waiting. something. more than 99 percent of Americans, and Surely, we can do better than this. It seems to me that the time for fin- they laughed about it. Ten days to go Let’s do it. ger-pointing is about over. The Amer- until the fiscal cliff, and they laughed I yield the floor. ican people are not particularly inter- about it. The ACTING PRESIDENT pro tem- ested in what originated here or there I don’t know if anybody has looked pore. The majority leader. or who is doing what; they are inter- Mr. REID. Mr. President, if this at a calendar lately, but we are about ested in getting a result. I was trying weren’t such a serious situation we out of time here, folks. This isn’t to be helpful in suggesting that you face ourselves, it would be laughable. have a tax bill that came over from the funny. People’s livelihoods are at Can anyone imagine saying we House. You have a majority here. You stake. The U.S. economy is at stake. should defeat a bill we have already de- could take it up, offer amendments, Millions upon millions of families are feated? We voted on the proposal at the and see if there is something that could counting on us to do something. same time we voted to pass that pro- achieve a majority of the Senate rather Look, it is the President’s job—it is tecting middle-class Americans. That than just complaining because the his job to find a solution that can pass passed the Senate—one to give the the Congress. He is the only one who richest of the rich a continuation of House did not pass something yester- can do it. This isn’t JOHN BOEHNER’s the tax breaks they get. As I indicated, day. That is not going to solve the problem to solve. He has done his part. the proposal they had for about an- problem. Somehow, some way, we need He has bent over backward. other $50,000 for each of them was de- to find a way forward, and I hope we Mr. President: How about rallying feated here. It was defeated in the Sen- can in the coming week. your party around a solution. How ate. The ACTING PRESIDENT pro tem- about getting Democrats to support So my friend—and he is my friend— pore. The majority leader. something. the Republican leader is struggling to Mr. REID. Mr. President, I hope we I have said it many times before: We find a way to blame Democrats, and it can too, but this is really quite re- simply cannot solve the problems we is a struggle, trying to blame us for the markable. I am told that Members face unless and until the President of failure of the House to pass the Speak- from this body went and talked to the the United States either finds the will er’s bill. The House is led by the Re- Republican caucus yesterday saying: or develops the ability—the ability—to publicans. Their narrowed margin will Send us your plan B, and the Demo- lead. This is a moment that calls for be better for the country after the first crats will take care of it and send you Presidential leadership. That is the of the year, but right now he controls back something you will like better. way out of this. It is that simple. the House by a wide margin. We can all see what has happened in Does anybody wonder why we keep I have served in the House. The the press. I like JOHN BOEHNER, but gee going from crisis to crisis around here? Speaker is all powerful in the House. whiz, I mean, this is a pretty big polit- Does anybody notice a pattern? This To blame us for the travesty that took ical battering he is taking. What he doesn’t have to be a crisis. This was an place over there is pretty incredible. As should do is allow a vote in the House opportunity, but once again the Presi- I tried to say in my remarks, couldn’t of Representatives on a bipartisan bill. dent ignored it. He went out and held we at least protect the middle class? It will pass. Democrats will vote for it. rallies and gave partisan speeches even My friend complains the President Some Republicans will vote for it. That after he had already been reelected. hasn’t done enough. He put forward a is what we are supposed to do. But he As I said yesterday, I think it is obvi- proposal that has received criticism is trying to pass everything with that ous at this point the President wants from Democrats because he was too majority he has that cannot agree on to go off the cliff. But I know most of generous with Speaker BOEHNER. But anything among themselves. Bring in the American people don’t want that. the President believes, as he said sev- the Democrats. That is what the coun- Today, I am going to make an offer. eral times, both sides might have to try was set up for. Our Founding Fa- With 10 days to go, we have an obliga- make hard choices. thers set it up that way. But he wants tion to act on something—something The President released a balanced some other method where everything is that can pass the House and the Sen- $2.4 trillion program. That is pretty done by the slim majority they have. ate. If the President won’t propose it, if good. It would alleviate the fiscal cliff, This is absolutely incredible. We be- Senate Democrats won’t propose it, I it would allow the SGR to continue so lieve the Speaker should be concerned. will. doctors get paid and patients have a I am confident he is, but maybe he is Earlier this year, the House passed a doctor to go to. It extended unemploy- more concerned, as some have said, bill that extends current rates on ev- ment benefits for people who are des- about his election to be returned as eryone for 1 year, with instructions for perate. Speaker. He should be more concerned expedited comprehensive tax reform by It is true that there is a crisis here, about what is going to happen to the next year. We could bring up this but it is because the House Republicans country. If he showed leadership and House-passed bill. refuse to pass the Senate-passed tax walked out there and said: This is the If the majority leader has a plan that bill. It is because the Republicans in right thing for the country, we are all can get 60 votes in the Senate, break the House are fighting among them- going to vote on this, Democrats will through the disarray in his own caucus selves. vote for it and enough Republicans will and build bipartisan support, offer that The Republican leader seeks to pass vote for it to pass something that will as an amendment and then let’s vote. the House-passed bill, but we have al- take us away from that fiscal cliff. But

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18110 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 this brinkmanship and this silliness conclusion and for the years of great These provisions extend existing limi- that is going on over there you would leadership on our committee. I have tations on the transfer or release of not do in an eighth grade government been lucky to have Senator MCCAIN as Gitmo detainees for another year. We election. a partner. I know both of us are grate- did not adopt the permanent limita- Mr. MCCONNELL. Mr. President, I ful to the chairman and the ranking tions in the House bill. We also pro- add that the time for finger-pointing is member of the House Armed Services vided new flexibility for dealing with gradually running out. The American Committee, BUCK MCKEON and ADAM detainees who cooperate with U.S. in- people know we have a President, they SMITH, for their hard work on recon- telligence and law enforcement au- know we have a Senate, and they know ciling the many differences between thorities pursuant to pretrial agree- we have a House. They are anxiously the House and Senate bill and for help- ments. awaiting whether we are going to solve ing to produce a solid bill to support The report establishes new congres- this problem before the end of the year. the men and women of our Armed sional notification requirements for Mr. REID. Would the Chair announce Forces. military detainees held on naval ves- the business of the day. The conference report contains many sels and for third-country nationals important provisions that will improve f who are released from military deten- the quality of life for our men and tion in Afghanistan, but the report RESERVATION OF LEADER TIME women in uniform. It will provide need- does not place any conditions or limi- The ACTING PRESIDENT pro tem- ed support and assistance to our troops tations on such transfers. pore. Under the previous order, the who are deployed. It will make the in- The conference report does not in- leadership time is reserved. vestments we need to meet the chal- clude the Senate language regarding lenges of the 21st century. f military detention inside the United First and foremost, the bill author- States. The House conferees would sim- NATIONAL DEFENSE AUTHORIZA- izes a 1.7-percent across-the-board pay ply not accept this provision. Instead, TION ACT FOR FISCAL YEAR raise for all members of the uniformed we included a provision that says and 2013—CONFERENCE REPORT services, consistent with the Presi- states the following: The ACTING PRESIDENT pro tem- dent’s request. Nothing in the Authorization for Use of pore. Under the previous order, the The conference report contains Military Force, (Public Law 107–40; 50 U.S.C. Senate will now proceed to the consid- strong additional sanctions on Iran. 1541 note) or the National Defense Authoriza- eration of the conference report to ac- The Iran sanctions provisions will des- tion Act for Fiscal Year 2012 (Public Law ignate certain persons in Iran’s energy, company H.R. 4310, which the clerk 112–81) shall be construed to deny the avail- port, shipping, and shipbuilding sectors ability of the writ of habeas corpus or to will report. as entities of proliferation concern, deny any Constitutional rights in a court or- The assistant legislative clerk read subjecting many more transactions dained or established by or under Article III as follows: with such entities to sanctions. It will of the Constitution to any person inside the The committee of conference on the dis- impose sanctions on persons selling or United States who would be entitled to the agreeing votes of the two Houses on the availability of such writ or such rights in the amendment of the Senate to the bill (H.R. supplying or diverting to Iran a defined absence of such laws. list of materials relevant to the afore- 4310) to authorize appropriations for fiscal The provision in the fiscal year 2012 mentioned sectors, to certain Iranian year 2013 for military activities of the De- act, which is referred to in the lan- specially designated nationals and partment of Defense, for military construc- guage I just read—it is already law— tion, and for defense activities of the Depart- blocked persons, or to be used in con- that section in the 2012 act is section ment of Energy, to prescribe military per- nection with certain Iranian military 1021. That section said the following: sonnel strengths for such fiscal year, and for programs. other purposes, having met, have agreed that It is going to impose sanctions on Nothing in this section shall be con- the House recede from its disagreement to any insurance or reinsurance provider strued to affect existing law or au- the amendment of the Senate and agree to or underwriter that knowingly pro- thorities relating to the detention of the same with an amendment, and the Sen- vides underwriting service, insurance, United States citizens, lawful resident ate agree to the same, signed by a majority aliens of the United States, or any of the conferees on the part of both Houses. or reinsurance for activities for which sanctions have been imposed to any other persons who are captured or ar- (The conference report is printed in person in the energy, shipping, or ship- rested inside the United States. The the RECORD of December 18, 2012.) building sector in Iran. language in this conference report re- The ACTING PRESIDENT pro tem- It will designate the Islamic Republic flects my view that Congress did not pore. Under the previous order, there of Iran Broadcasting and its president restrict or deny anyone’s Constitu- will now be up to 1 hour of debate as human rights abusers for their tional rights in either the 2001 Author- equally divided and controlled between broadcasting of forced confessions and ization for Use of Military Force or the the two leaders or their designees prior show trials, blocking their assets and Fiscal Year 2012 National Defense Au- to a vote on adoption of the conference preventing other entities from doing thorization Act. The Statement of report. business with them and banning any Managers accompanying this con- The Senator from Michigan. travel to the United States. ference report points out that ‘‘con- Mr. LEVIN. Mr. President, on behalf The administration requested three stitutional rights may not be re- of the Senate Armed Services Com- modifications. In particular, one was stricted or denied by statute.’’ mittee, I am pleased to bring to the additional time to implement the pro- On the Alternative Fuel provision, Senate, along with Senator MCCAIN, vision following enactment; the second the conference report does not include the conference report on H.R. 4310, the was additional time between waiver re- a provision of the House-passed bill National Defense Authorization Act for newals; and third was a modification of that would have prohibited fiscal year Fiscal Year 2013. This conference re- the exceptions clause from nondes- 2013 funding for the production or pur- port, which was signed by all 26 Senate ignated Iranian ‘‘financial institu- chase of alternative fuel if the cost of conferees, all the members of the Sen- tions’’ in the Senate-passed version to producing or purchasing the alter- ate Armed Services Committee, con- a broader term that would have incor- native fuel exceeds the cost of tradi- tains many provisions that are of crit- porated nondesignated Iranian ‘‘per- tional fossil fuel. ical importance to our troops. This will sons.’’ That conference report provides The conference report does contain a be the 51st consecutive year in which a two of the three modifications—the ad- provision that limits DOD’s fiscal year national defense authorization act will ditional time requested. It does not 2013 Defense Production Act—DPA— be enacted into law. make a change in terms of the excep- funding for the construction of a I thank my dear friend Senator tions clause. biofuel refinery until—that is the key MCCAIN, our ranking minority member, The conference report contains a few word—the DOD receives the promised for all that he did to bring us to this provisions addressing detainee issues. contributions from the Departments of

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18111 Energy and Agriculture for the same On TRICARE, the conference report themselves and their families, be print- purpose. We do not limit Phase I of the establishes modestly increased cost- ed in the RECORD. DPA project, nor does the conference sharing rates under the TRICARE There being no objection, the mate- report limit the use of FY12 funds for pharmacy benefits program for fiscal rial was ordered to be printed in the biofuel refinery construction. year 2013 in statute, and in fiscal years RECORD, as follows: On ‘‘cyber,’’ the conference report re- 2014 through 2022, limits any annual in- Richard D. DeBobes, Staff Director; Ann E. quires the Secretary of Defense to cre- creases in pharmacy copayments to in- Sauer, Minority Staff Director; Adam J. ate a process requiring defense contrac- creases in retiree cost of living adjust- Barker, Professional Staff Member; June M. tors that use or possess classified or ments. The Administration’s proposal Borawski, Printing and Documents Clerk; sensitive DOD information to report Leah C. Brewer, Nominations and Hearings would have tripled beneficiary copay- Clerk; Christian D. Brose, Professional Staff successful cyber penetrations of their ment rates over the next 10 years. Member; Joseph M. Bryan, Professional Staff networks or information systems. Ad- The conference report also requires Member; Pablo E. Carrillo, Minority General ditionally, if the Department is con- the Secretary of Defense to conduct a Counsel; Jonathan D. Clark, Counsel; Chris- cerned about a particular event and 5-year pilot program to refill prescrip- tine E. Cowart, Chief Clerk; Lauren M. feels the need to determine what DOD tion maintenance medications for Davis, Minority Staff Assistant; Jonathan S. information may have been lost from TRICARE for Life beneficiaries Epstein, Counsel; Gabriella E. Fahrer, Coun- sel; Richard W. Fieldhouse, Professional such penetration, the provision would through TRICARE’s national mail- authorize DOD to conduct its own fo- Staff Member; Lauren M. Gillis, Staff Assist- order pharmacy program, resulting in ant; Creighton Greene, Professional Staff rensic analysis, upon request, and sub- savings to the government of $1.1 bil- Member; Ozge Guzelsu, Counsel; Gary J. ject to limitations. lion over the next decade. Howard, Systems Administrator; Paul C. I know the Presiding Officer has a Regarding Air Force force structure, Hutton IV, Professional Staff Member; Jen- special interest in this area of cyber se- the conferees adopted language estab- nifer R. Knowles, Staff Assistant; Michael J. curity. This provision in the Defense lishing a commission, which would con- Kuiken, Professional Staff Member; Kath- authorization bill represents a major sist of eight members, four appointed leen A. Kulenkampff, Staff Assistant; Mary J. Kyle, Legislative Clerk; Gerald J. Leeling, breakthrough in the Nation’s need to by the President and four appointed by protect cyber—our information sys- Counsel. leadership of the Committees on Daniel A. Lerner, Professional Staff Mem- tems and cyber security. Armed Services of the Senate and the ber; Peter K. Levine, General Counsel; Greg- There are a lot of other sensitive House of Representatives. The Commis- ory R. Lilly, Executive Assistant for the Mi- areas where we are threatened with sion would be required to report to the nority; Elizabeth C. Lopez, Research Assist- cyber attacks, such as financial, police, Congress by February 1, 2014, in time to ant; Jason W. Maroney, Counsel; Thomas K. transportation sectors, which obvi- McConnell, Professional Staff Member; inform congressional action on the fis- ously we could not touch; they are not Mariah K. McNamara, Staff Assistant; Wil- cal year 2015 budget request, on an Air within our jurisdiction. They need liam G. P. Monahan, Counsel; Lucian L. Nie- Force force structure that would, similar action. meyer, Professional Staff Member; Michael The conference report provides that among other things, meet the current J. Noblet, Professional Staff Member; Bryan the Secretary of Defense will evaluate, and anticipated requirement of the D. Parker, Minority Investigative Counsel; combatant commanders while achiev- Cindy Pearson, Assistant Chief Clerk and Se- by the end of 2013, at least three pos- curity Manager; Roy F. Phillips, Profes- sible future missile defense interceptor ing an appropriate balance between the regular and reserve components of the sional Staff Member; John L. Principato, deployment locations in the United Staff Assistant; John H. Quirk V, Profes- States—at least two of which would be Air Force, taking advantage of the sional Staff Member; Robie I. Samanta Roy, on the East Coast—and then to prepare unique strengths and capabilities of Professional Staff; Member Brian F. Sebold, an environmental impact statement for each. Staff Assistant; Russell L. Shaffer, Counsel; the locations evaluated. It would also The conference report would provide Travis E. Smith, Special Assistant; William that during fiscal year 2013, the Air K. Sutey, Professional Staff Member; Diana require the Director of the Missile De- G. Tabler, Professional Staff Member; Mary fense Agency to prepare a contingency Force would be required to maintain the alternative force structure pro- Louise Wagner, Professional Staff Member; plan for deployment of an additional Barry C. Walker, Security Officer; Bradley S. interceptor site in case the President posed by the Air Force on November 2, Watson, Staff Assistant. 2012, after Congress clearly indicated it decides to proceed with such a deploy- Mr. LEVIN. I would note that the would reject the original plan. We ment. However, it does not mandate or committee’s chief clerk Chris Cowert modified the November plan to add an authorize deployment of any missile will be retiring at the end of this year additional 32 fixed-wing, intra-theater defense site, and does not require the after completing more than 41 years on airlift aircraft (C–27s and/or C–130s) be- Defense Department to submit a de- the committee staff. She has been a ployment plan to Congress. yond the number proposed by the Sec- driving force behind the staff support For Afghanistan, the conference re- retary. This addition will help us pro- of the annual Defense Authorization port includes a sense of Congress in vide sufficient aircraft to meet the Act, and she will be sorely missed. support of the President’s plan for the Army’s fixed-wing, direct support/time I yield the floor. transition of lead responsibility for se- sensitive airlift mission requirements. The ACTING PRESIDENT pro tem- curity to the Afghan security forces in Once again, I want to thank Senator pore. The Senator from Arizona. 2013 and the drawdown of most U.S. MCCAIN. As I said before, I have been Mr. MCCAIN. Mr. President, I note forces by no later than the end of 2014. honored, pleased, and lucky to have the presence of the Senator from Ken- Specifically, the sense of Congress pro- Senator MCCAIN as my partner in lead- tucky on the floor. I understand he vides in part that the President should ing the Armed Services Committee. I seeks recognition for 10 minutes, and I seek to ‘‘. . . take all possible steps to know how indebted we both are to our ask that he be recognized at this time. end such operations at the earliest pos- staffs as well as to all of the members The ACTING PRESIDENT pro tem- sible date consistent with a safe and who work so well together on a bipar- pore. The Senator from Kentucky. orderly draw down of United States tisan basis. Mr. PAUL. Mr. President, I rise in troops in Afghanistan.’’ Our majority and minority staffs opposition to this bill because I believe The conference report also calls for were led by Rick Debobes and Ann it contains language that would allow an independent assessment of the size Sauer. They have done amazing work American citizens to be detained with- and structure requirements of the Af- on this bill. They did a month’s worth out trial. The other side has argued ghan National Security Forces nec- of work in weeks. They did a week’s that is not true, that they will be eligi- essary for those forces to be able to en- worth of work in days, and they did a ble for their constitutional rights if sure that their country will not again day’s worth of work in hours. they get into an article III court or a serve as a safe-haven for terrorists that Mr. President, I ask unanimous con- constitutional court. But here is the threaten Afghanistan, the region, and sent that a full list of the majority and rub: They have to be eligible. Who de- the world. minority staff, who gave so much of cides whether someone is eligible for

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18112 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 the court? It is an arbitrary decision, Americans named Ozaki, Ichiro, or get their day in court and a trial by a and this is what this debate has been Yuki were indefinitely detained by the jury of their peers. These are not idle over. Don’t let the wool be pulled over tens of thousands without trial or ac- questions. your eyes that everyone has protection cusation. Will America only begin to I believe the defense of the Bill of and they will get a trial by jury if ac- regret our loss of trial by jury when Rights trumps the concerns for speedy cused of a crime. the people have names such as Smith passage even of a bill which I generally We had protection in this bill. We and Jones? Mark my words: This is support. Sixty-seven Senators voted passed an amendment that specifically about people named Smith and Jones just a few weeks ago to include a provi- said: If you are an American citizen or or people named David, Saul, Isaac, sion in this bill that says we have a here legally in the country, you will Ahmed, Yousef, or Ibrahim. This is right to a trial by jury. It was plucked get a trial by jury. It was explicitly about all Americans and whether they out in secret in conference despite the stated and it has been removed in the will have due process and the protec- wishes of two-thirds of the Senators in conference committee. It has been re- tions of the law. this body—Republican and Democrat— moved because they want the ability to We are told these people are so evil who were concerned about protecting hold American citizens without trial in and so dangerous that we cannot allow the right to a jury trial. our country. This is so fundamentally trials. Trial by jury is who we are. Many Senators say: Well, we tried wrong and goes against everything we Trial by jury is that shining beacon on and we lost. They outmaneuvered us; stand for as a country that it cannot go a hill that people around the world they were sneakier than we were. I dis- unnoticed and should be pointed out. wish to emulate. It is why people came agree that we give up. I think the time Proponents of indefinite detention here. It is why we are exceptional as a is now. I think we make a statement. without trial say that an accusation people. It is not the color of our skin; The fight is today. The subject is too alone is sufficient, that these crimes it is our ideas, it is the right to trial by dear. If a majority today were to stand are so heinous that trials are unneces- jury that is looked to as a beacon of and say: The right to trial by jury is sary. They will show us pictures of for- hope for people around the world, and important enough to delay the Defense eigners in foreign dress from foreign we are willing to discard it out of fear. authorization bill for 2 weeks, I think lands and say that is what this debate It is a shame to scrap the very rights it would be an important message to is about. It is untrue. This debate is that make us exceptional as a people. send. about American citizens accused of Proponents of indefinite detention So today I stand and urge a ‘‘no’’ crimes in the United States. will argue that we are a good people vote on what I consider to be a trav- Make no mistake that the faces of and we will never unjustly detain peo- esty of justice. Thank you. terrorism include awful people who ple. I don’t dispute their intentions or The ACTING PRESIDENT pro tem- should be punished to the full extent of impute bad motives to them, but what pore. The Senator from Michigan. the law. The same portrait of evil could I will say is remember what Madison Mr. LEVIN. Mr. President, the Sen- be drawn of domestic terrorists, domes- said. Madison said if a government ator from Kentucky is flat out wrong. tic terror, and domestic violence. One were comprised of angels, we would not There is no such language in the bill could parade pictures of Charles Man- need the chains of the Constitution. We which denies the right to trial by jury. son, Timothy McVeigh—the Oklahoma would not need to bind our representa- I think those are the same kinds of bomber—Jeffrey Dahmer, and people tives and restrain them from doing bad charges against last year’s bill. We are would cry out that they don’t deserve a things to good people. If all men in trying to keep up with the false trial either. Most Americans under- government were angels, we would not charges that the Senator makes, so we stand at some level that when someone need the rules. All men in the govern- put language in this year’s bill which is accused of a crime in our country, ment are not angels now and never will says nothing in last year’s bill does or they get a trial by a jury of their peers. be. There is always the danger that could be implied to do any such thing No matter how heinous the crime is or some day someone will be elected who as the Senator from Kentucky is charg- how awful they are, we give them a will take the rights away from the Jap- ing. We have language in this year’s trial. This bill takes away that right anese, Jews, or Arabs. It happened bill and nothing from last year’s bill. and says if someone thinks a person is once. We are told by these people who That was the same charge he made dangerous, we will hold that person believe in indefinite detention that the against last year’s bill, shall be con- without a trial. It is an abomination. It battle is everywhere. If the battle is ev- strued to deny the availability of the should not stand. Most Americans un- erywhere, our liberties are nowhere. If writ of habeas corpus or deny any con- derstand that if someone is accused of the battle is without end, when will stitutional rights in a court ordained a crime, it does not make them guilty they return our liberties? When will or established under article III of the of a crime. They will still get their day our rights be restored if the battle has Constitution to any person inside the in court. no end and the battlefield is limitless United States. Some here may not care when they and the war is endless? When will our Then he makes a totally outlandish determine that they are going to de- rights be restored? It is not a tem- charge that they were outmaneuvered tain Ahmed or Yousef or Ibrahim. porary or limited suspension of our and they were sneakier than we were. Many innocent Americans are named right to trial by jury but an unlimited, Where does that come from? What is Ahmed or Yousef or Ibrahim. Many unbounded relinquishment of the right the basis for that kind of a charge Americans are named Saul or David or to trial by jury without length or dura- against Senator MCCAIN and me? We Isaac. Is our memory so short that we tion. have put language in this bill which don’t understand the danger of allow- We are told that limiting the right to makes it absolutely clear that nothing ing detention without trial? Is our trial by jury is justified under the law we have adopted here in this Senate memory so short that we don’t under- of war. Am I the only one uncomfort- does anything like what the Senator stand the havoc that bias and bigotry able applying the law of war to Amer- from Kentucky said—denying the peo- can do when unrestrained by the law? ican citizens accused of crimes in the ple the right to jury trial. Trial by jury is our last defense against United States? Is the law of war a eu- I totally reject his argument. He does tyranny and our last defense against phemism for martial law? What is the not quote any language in this bill that oppression. We have locked up Arabs, law of war except for something to go does what he says this bill does. The Jews, and the Japanese. around the Constitution? It is an ex- Senator from Kentucky actually start- Do we not want to retain our right to traordinary circumstance that might ed his statement by saying this bill has trial by jury? Do we want to allow the happen in a battlefield somewhere else language which will deny a trial by whims of government to come forward but should not happen in the United jury. What language and what page? It and lock up whom they please without States. Every American accused of a makes the allegation and sort of lets it being tried? In our not-too-distant past crime, no matter how heinous, should sit there. Well, it is flat out wrong.

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18113 I yield the floor. tary lawyer for 30 years. He may not ess, over years, the Bush administra- The ACTING PRESIDENT pro tem- understand the law of war, but I do and tion and the Obama administration put pore. The Senator from South Caro- the Supreme Court does. The Supreme together the puzzle about bin Laden. It lina. Court has said in World War II and in wasn’t because of waterboarding; it Mr. GRAHAM. Mr. President, I want this war, if an American citizen col- was because this country had available to congratulate the authors and man- laborates with the enemy, they will be to it the law of war detention that al- agers of the bill in the House with com- given due process under the law of war. lows us to hold people and get to know ing up with a very good bill for our A Federal judge will hear the claim: I them over time and make sure they military which will have pay raises and am wrongly held. I am not part of al- could not go back to the fight and good trying to increase our defenses. Qaida or the Taliban. That is the only questioning and good interrogation I don’t mind saying that I think we time one could be held as an enemy techniques led to finding bin Laden. are at war. I know the Presiding Offi- combatant. In helping al-Qaida or the What the Senator from Kentucky is cer believes that. How long does the Taliban, one has to be involved in a saying is it would not be available to war last? I don’t know. I cannot tell plot or an act. If a Federal judge agrees us as a nation if an American citizen anyone. Am I supposed to know that? with the government that, yes, in fact, were involved in attacking us on the Can we not fight it unless we know the there is evidence to suggest an Amer- homeland. What an absurd result, that date it ends? America, is it part of the ican citizen is helping the Taliban or if an American citizen joined al-Qaida battlefield? Tell me. Where do you al-Qaida, I think most Americans to kill everybody in this room, for think they want to hit us the most? would say it is reasonable to hold that some unknown reason, we would turn What do you think al-Qaida would like person to find out what they know that into a crime rather than an act of to do more than anything else? They about this attack and future attacks. war. would like to come here and destroy Can my colleagues imagine what If a person collaborates with al-Qaida the building I am speaking in. The only would happen in this country if three or the Taliban, two things can happen reason they cannot get here yet is be- people were running up the Capitol to them: They can get killed or they cause we are fighting them over there. steps to blow up the Capitol and one of can get captured. Most likely they will We are gathering good intelligence. them survived who was an American get a trial one day and nobody is re- We are taking the war home to them. citizen and we couldn’t hold them and stricting their trial rights. What Sen- Our intelligence agencies, our FBI, our question them by asking: Where did ator LEVIN said is true. There is noth- military, our CIA are all over the world you train? Is there any other attack ing in here restricting the right of tracking these crazy people so they planned? What do you know? Whom did trial. What is in here is giving us the cannot get here. So to suggest that I you work with? That we would have to option to hold someone as an enemy cannot tell when the war ends, there- say, within hours or a day or two, here combatant so we don’t have to fore we have to turn it into a crime, is is your lawyer and you have a right to Mirandize them and turn an act of war dangerous and absurd. remain silent? Can we imagine what into a crime. Did they know when Germany, Ber- would have happened in World War II if I am afraid it will not be long before lin, or Tokyo was going to fall? What the American citizens who helped the this is tested in reality. The enemy is happened to the German saboteurs who Nazis—if we turned that into a com- afoot. They are trying to penetrate our landed in Long Island during World mon crime. homeland. They are seeking aid and War II? They were captured by the FBI The difference between me and the comfort from Americans within our and turned over to the military. What Senator from Kentucky is that I be- own country who are going to side with happened to the American citizens who lieve with all my heart and soul that the enemy, unfortunately. When that were helping the German saboteurs? the al-Qaida, Taliban groups are at war day comes, I wish to make sure we They were held as enemy combatants. with us and are trying to come to our have the ability in this war, as in every To my good friend from Kentucky, I homeland. I know they are trying to other war, to hold them and to gather don’t doubt his passion or sincerity; I find American citizens who would help intelligence—not to torture them but doubt his judgment on these issues. them, and they will. There has never to make sure we are safe as a nation. The Supreme Court has spoken three been a war in America where somebody Due process, yes. Under the law of war, different times. Less than 6 or 7 years within the American citizen commu- it must be so. If we turn this war into ago an American citizen was caught nity did not collaborate with the a crime, we are going to regret it. If helping the Taliban in Afghanistan and enemy. That is happening today. When my colleagues don’t believe we are at they said we could hold one of our own that day comes and we capture that war, then I cannot disagree more. I as an enemy combatant until the hos- person, I want as an option the ability cannot tell my colleagues when the tilities cease, and that is a hard time to hold them as an enemy combatant, war ends, but I will tell them how it to figure out. as we did in other wars. They will get ends. This is how it is going to end: We Let’s get this right. If an American their day in court, but they will not be are going to win and they are going to citizen helping the Taliban in Afghani- read their rights or given a lawyer on lose because we can’t afford to lose. stan kills our soldiers, can be captured the spot because that would stop intel- Between now and when that day and held as an enemy combatant ac- ligence gathering. comes, we are going to take the fight cording to the Supreme Court, what To the managers of this bill, to the to them. If we find an American citizen kind of world would we live in if the al- men and women of the House who sent helping the enemy overseas—this Qaida collaborator American citizen it over here, thank God they chose a President ordered the killing by drone attacked us here, trying to kill us in balance between due process and com- of al-Awlaki, an American citizen over- our own homeland, to say: That doesn’t mon sense. seas—I believe it was Yemen—and the count. The American citizen is no All I will say is that the way we President said: I have ample evidence longer at war because we are in Amer- found bin Laden was not through tor- he is now assisting al-Qaida overseas to ica; we have to read them their rights ture. I am offended by that, as are Sen- attack American targets and I am and give them a lawyer and we can’t ator MCCAIN and Senator LEVIN. The going to take him out. Well done, Mr. hold them for military intelligence- way we tracked down bin Laden is we President. Well done, Mr. President. gathering purposes. had people held at Gitmo for years If most of us agree we can kill an My good friend doesn’t understand under the law of war. We don’t try American citizen helping al-Qaida kill that in fighting a war, the goal is to them or let them go. When we capture us overseas, we can’t capture an Amer- win the war; it is to defeat the enemy. somebody on the battlefield, we don’t ican citizen helping al-Qaida here at In fighting a crime, the goal is de- hold a trial; we hold the prisoner to try home and hold him for questioning signed to hold somebody accountable to gather intelligence and keep them under the law of war, what an absurd for an illegal wrong. I have been a mili- off the battlefield. Through that proc- result.

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18114 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 I not only am going to vote for this for 25 years. I was tempted to leave it has even said livid, and I have been bill, I am going to celebrate the fact we unresponded to, but a statement the livid—about how one item has been have done nothing to stop the right to Senator from Kentucky made: They handled by the Air Force; that is, as we trial. As Senator LEVIN said, there is were sneakier than we were—I have to all know, about 10 months ago the Air not one thing in this bill that restricts say to the chairman, I don’t think the Force came out with a proposed force a person’s right to a trial. What we do chairman has ever conducted our com- restructure and that included taking have in this bill is the recognition we mittee and our deliberations and our an A–10 unit away from the Arkansas are at war and we retain as an option work on the floor and in conference in National Guard that is based in Fort that has not been used—there is no any way as being sneaky. I categori- Smith, AR. American citizen in detention—but cally reject that kind of comment, and Understandably, when something there may be a need for that one day I don’t think it is worthy of the per- such as that happens, we have ques- and we retain that right under this formance the Senator from Michigan tions. So, 10 months ago, I started ask- bill. has provided to this committee. ing: Why are you doing this? Give me Mr. MCCAIN. Will the Senator yield Mr. LEVIN. I very much thank my your analysis. Tell me how much for a question, briefly? dear friend from Arizona. money you are going to save. Are you Mr. GRAHAM. Sure. The PRESIDING OFFICER. The Sen- aware you have Fort Chaffee right off Mr. MCCAIN. Under the scenario as ator from Michigan. the end of the runway—and I will talk envisioned by the argument made by Mr. LEVIN. I thank the Presiding Of- about this in just a minute. Are you the Senator from Kentucky that if an ficer. The only one thing I will add to aware that this just went through American citizen is overseas, as al- this subject before we vote—the Sen- BRAC, that they had F–16s there and Awlaki was in Yemen, and we took a ator from Arkansas seeks to speak and now they have A–10s, and the BRAC drone and killed him, which was a deci- we will run out of time soon—is that a commission has gone through this sion made by the President of the provision which is in our bill, which process and they said this is the best United States—— both the ranking member and myself place; we can have A–10s right here in Mr. GRAHAM. Good decision, Mr. voted for, which was stricken, one of Fort Smith, AR. President. the arguments against it was made by So we basically got stonewalled. Mr. MCCAIN. But if al-Awlaki had the ACLU. Our friend from Kentucky They wouldn’t tell us any of their anal- been in the United States of America, a talks about something in this bill ysis. They wouldn’t tell us how much it citizen engaged in the same activities which denies the right to jury trial and is costing or saving. They basically that justified him being killed, then the proof he gives for that is something stonewalled not just my office but the Mr. al-Awlaki would have been entitled that is not in the bill, which is—it vio- whole Congress, as far as I know. I to his Miranda rights, a trial by jury, lates logic, to begin with, but putting have talked to people all over this habeas corpus, all that as if he were that aside—one of the arguments place on the Senate side and the House treated as an American citizen. I don’t against keeping it in the bill was made side. They never got any numbers. Fi- think many people would quite under- by the American Civil Liberties Union nally, just in the last few weeks, in stand that distinction of geography. and surely they believe people’s rights talking to members of the Air Force Mr. GRAHAM. It makes no sense, I to trial and jury trial should not be de- who have stars on their shoulders, they say to the Senator. He would be enti- nied. have told me there was no business tled to a habeas hearing if he were So the allegations made by the Sen- analysis. There was no base-by-base caught in the United States, but he ator from Kentucky are wrong. There analysis. Basically, what this boils would be held under the law of war be- is absolutely no substantiation for down to is we need to make some cuts cause the allegation is not that he was them, including the one which was just and more or less your number came up, committing a crime but that he was referred to by Senator MCCAIN. But the and they go back to the one flying mis- collaborating with the enemy. statement he makes that there is lan- sion per State. We can talk about that So, yes, we could have a scenario, ac- guage in this bill—here is the bill. more if we want to. cording to the view of the Senator from Where is the Senator from Kentucky? But the problem is we are in a budget Kentucky, that we could kill some- What page of the bill is he referring to environment where we are having body—an American citizen overseas that contains the language he says de- downward pressure on military spend- helping the enemy kill our troops—but nies people the right to trial? It is sim- ing, and we know that. We are going to if they joined with al-Qaida here at ply not there. have to make military cuts not just home, all of a sudden we have to give I yield the floor. this year but in the outyears. There is them a lawyer and read them their The PRESIDING OFFICER. The Sen- no doubt about it. The U.S. Air Force rights and we can’t hold them under ator from Arkansas. should always count the cost. They the law of war detention to find out Mr. PRYOR. Mr. President, I will try should always make a determination what they know about an impending to keep my remarks to about 5 min- on how much these things cost and how attack. That makes absolutely no utes, although I would first like to much they save. They did not do that sense. The Supreme Court has rejected thank Senators LEVIN and MCCAIN for here. that kind of thinking. their leadership on this legislation. They should also know we are going I hope that day never comes, but I They truly set the tone, and they have to have a smaller force in the future. can tell my colleagues this: I don’t been good role models for the entire So as we wean out some units—and it know when the war is over, he is right Senate on how legislation should be is going to happen; it is going to be about that, but I know this: As long as conducted. So I wish to thank both of painful; people are not going to like I am in the Senate, we are going to them. I think many of my colleagues it—you should keep the best units you fight it and we are going to fight it as feel the very same way; that we appre- have, the strongest units you have. a war, not a crime. ciate how they have handled the na- And the 188th at Fort Smith, AR, is the Mr. MCCAIN. If the Senator will tional defense authorization bill. It has best unit in the system. I say that ob- yield further, there is every indication been a massive undertaking and some- jectively because there are numbers to in the Middle East and around the times, as we know, we have a lot of back that up. It is the cheapest to op- world that we see that al-Qaida is on gridlock around here, but because of erate. Even though it went through the the way back, far from being defeated. the way they have handled it, they transition from F–16s to A–10s just a I just wish to make an additional have been able to get this bill to this few years ago, they have already de- comment to my friend, Senator LEVIN, point. ployed twice. They have deployed the chairman, whom I have had the I am not going to object to this bill twice. One reason they got extended in honor of bringing these bills to the at all. At one point I thought about it a deployment was because another A–10 floor with and working together with because I am so upset—in fact, my staff unit was not ready.

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18115 What this does is it puts those pi- I thank the members of the Armed to double the number of centrifuges at lots—those men and women in uniform, Services Committee for their hard its underground enrichment site to who just got back from Afghanistan— work, especially my colleague and 1,400. One provision in this report, they get off the plane, they are being friend, Senator CARL LEVIN. CARL and I originally sponsored by Senators KIRK hugged by their spouses and their chil- have worked together for many years and MENENDEZ, designates Iran’s en- dren and their communities, and basi- on this committee, the last 6 as chair- ergy, shipping, and ship-building sec- cally the Air Force is giving them a man and ranking member. In that tors as entities of proliferation con- pink slip. time, CARL has demonstrated a cern, subjecting many transactions The ultimate slap in the face hap- thoughtful approach to defense over- with these entities to sanction. It pened this week when the National sight and legislating. His genial dis- would impose sanctions on persons sup- Guard Bureau had the audacity to con- position—which I believe complements plying to Iran certain listed materials tact the 188th Flying Wing at Fort my own temperament well—masks res- relevant to these sectors, to certain Smith and say: Hey, by the way, could olute support for a strong national de- Iranian Specially Designated Nationals you deploy one more time? There is an- fense and a tenacious will ensure that and Blocked Persons, or to be used in other unit that is not ready. Can you defense dollars are wisely spent. CARL, connection with certain Iranian mili- deploy one more time? It is astonishing you are a trusted partner and a patriot. tary programs. Finally, it would des- that the Air Force would do this. This conference report is the product ignate the Iranian state broadcasting We had a commission in there. The of 10 months of legislative effort, in- company as a human rights abuser for commission did not survive. I have cluding 53 hearings on the full range of airing forced confessions and show talked about that with several of my national security priorities. After trials; preventing other entities from colleagues who were on the conference. marking up the President’s defense doing business with it; and banning any Even though this wing has had more budget request in May, the committee travel to the United States. nautical miles of military training unanimously reported a bill to the Sen- This conference report also contains than any other unit in the Air National ate on June 4. Six months to the day a provision that authorizes an increase Guard, even though it is closer in prox- later, the full Senate passed the bill 98 of up to 1,000 marines for the Marine imity to its flying range, its bombing to 0. In a hopeful sign of the return of Corps Embassy Security Group. The range than any other unit—it is the regular order to the Chamber, we tragic events in Benghazi on Sep- best setup in all of North America to passed the bill after 33 hours of debate tember 11 demonstrate that the secu- have the 188th where it is located at and an open process that resulted in 397 rity environment facing our diplomatic Fort Smith and at Fort Chaffee, which amendments filed, of which 143 were in- corps is as dangerous as ever. This pro- is basically the Army National Guard’s cluded in the Senate-passed bill. vision will provide for the end-strength national training center right there— Our use of an open amendment proc- and resources necessary to support an they love to train with A–10s; we are ess on the Senate floor demonstrated increase in Marine Corps security at lo- talking about close air support vehicles that when it comes to addressing na- cations identified by the Secretary of here—I do not think the Air Force took tional defense, the Senate can still State to be at risk of terrorist attack. that into consideration for 1 minute. I work together in a bipartisan manner. Such an increase was also rec- think they made an arbitrary decision However, before we engage in too much ommended by the Accountability Re- here. I do not think it is in our na- self-congratulation, we should ask our- view Board—the independent panel tional interests. I do not think it is in selves why we are concluding the most convened by Secretary Clinton to in- the interests of our national security. I important annual authorization bill 3 vestigate the events surrounding the am putting people on notice that this months after the fiscal year began, and Benghazi attack. fight is not over. I understand about why we have yet to enact a single ap- The murder of innocents continues in the down pressure. I get all that stuff. propriations bill for any Department or Syria, with over 40,000 people murdered But this fight is not over. I am not agency of government. The Congress by the Assad regime. This conference going to object to this bill today. I am has been caught in so many political report contains a provision that re- going to vote for its adoption. impasses of late that we have effec- quires the Chairman of the Joint Chiefs Again, I want to thank the chairman tively abrogated our responsibility to of Staff to submit a comprehensive re- and the ranking member for their great provide for the timely authorization port identifying the limited military leadership. and appropriation of Federal programs. activities that could deny or degrade Thank you, Mr. President. The result is increased cost, decreased the ability of the Assad regime to use The PRESIDING OFFICER (Mr. efficiency, and our willful enabling of air power against civilians and opposi- BLUMENTHAL). The Senator from Ari- dysfunction in government. We can and tion groups. This provision explicitly zona. must do better. notes that it neither authorizes the use Mr. MCCAIN. Mr. President, I thank The Defense authorization conference of military force nor serves as a dec- the Senator from Arkansas for his report before the Senate provides for laration of war against Syria. enormous contributions to the delib- the continued readiness of our Armed In the area of military personnel, the erations and work of our committee. I Forces and the well-being of service- conference report provides a 1.7-per- understand the frustration he feels, members and their families. It author- cent pay raise for servicemembers, and and we have promised, as Senator izes pay and benefits, research and de- over 30 types of incentives aimed at LEVIN and I have promised a number of velopment, weapons procurement, and strengthening enlistment and reten- Members on both sides of the Capitol, military construction projects, and tion programs. It reinforces Depart- we will have extensive hearings on this contains provisions designed to im- ment of Defense programs to prevent whole issue of Guard-Air Force rela- prove acquisition and contracting. It sexual assault and will improve the tionships and force structure for the also provides the resources, training, care and management of wounded war- 21st century. We appreciate his com- equipment, and authorities necessary riors and those transitioning to civil- mitment to his outstanding members for our military to continue supporting ian life after military service. of the Guard. the Afghanistan National Security The report also recognizes that, in an Mr. President, I rise to support the Forces as they assume increased re- era of fiscal austerity, the Department fiscal year 2013 National Defense Au- sponsibility throughout Afghanistan. of Defense must reduce costs wherever thorization Act conference report. This This conference report also contains possible, including force structure by, will be the 51st consecutive year the tough sanctions aimed at curbing for example, approving nearly all of Congress will pass legislation author- Iran’s pursuit of a nuclear weapon. Iran the fiscal year 2013 increment of the izing the budget of the Department of continues its reckless ways in pursuit President’s proposed reduction of Defense and supporting our men and of a nuclear weapon. Just recently, the 123,900 military personnel over the next women in uniform. IAEA confirmed that Iran is expected 5 years. But it also requires a similar

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18116 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 reduction in civilian and contractor cerns about whether the plans and cere appreciation for their dedication personnel over that same time period. strategy proposed by the Department to national security. They are Adam In addition, the report acknowledges earlier this year are adequately sup- Barker, Pablo Carrillo, Chris Brose, a revised plan by the Air Force to re- ported by budgets and resources in fu- Lauren Davis, Church Hutton, Daniel duce its force structure and retire or ture years. Lerner, Greg Lilly, Elizabeth Lopez, divest military aircraft in order to re- Another provision helps protect the Lucian Niemeyer, Bryan Parker, Ann spond to defense budget cuts proposed Navy’s rich tradition of vessel naming. Elise Sauer, and Diana Tabler. by the administration. While my State The name the Navy selects for a vessel Mr. President, again, with great re- of Arizona fared better than many should not be tarnished in any way by luctance, I thank our staff who have States, the Air Force’s plan includes a controversy. Unfortunately, con- done such a wonderful job. They really cost-saving proposal to convert the troversy has surrounded some of the have done great. As I say, I am very re- manning of an A–10 Warthog training Navy’s recent vessel-naming choices. luctant to admit it, but we could not squadron based at Davis-Monthan Air This bill, therefore, sets forth appro- have gotten here without their hard Force Base in Tucson from the active priate and necessary standards, work on both sides of the aisle. component to the Reserve, resulting in grounded in historical practice, to ALTERNATIVE FUELS a decrease of approximately 130 per- guide the Secretary of the Navy’s deci- Mrs. MURRAY. Mr. President, I ask sonnel assigned to the base. I support sions on future vessel naming, and re- to be recognized for the purposes of a the need for the military services to quires that the Secretary seek the ap- colloquy. find ways to reduce costs and realize proval of the congressional defense Mrs. MURRAY. Senator LEVIN and that we all will have to bear the burden committees before announcing or as- Senator HAGAN are here today to talk of the impact of reduced defense spend- signing a vessel’s name. about the National Defense Authoriza- ing. A particularly important provision tion Act, which authorizes funds for Despite modest improvements in re- gives priority to the Forest Service and our troops. This is an important piece cent defense acquisitions, the Depart- Coast Guard to acquire surplus Air of legislation and I have always sup- ment has much work to do to improve Force aircraft, allowing the Forest ported making sure that our military its ability to identify and reduce waste. Service to strengthen its fire suppres- has the equipment, resources and effec- This conference report contains a num- sion capability. tive policies it needs to perform its ber of provisions intended to improve This conference report also directs missions. oversight on defense contracting, in- the Secretary of Defense to designate Mr. President, during floor consider- cluding helping to detect and prevent assignment of military officers as in- ation of the defense authorization bill, human trafficking in government con- structors on the faculty of West Point, the Senate took two important votes tracting. There are also provisions that the Naval Academy or the Air Force regarding alternative fuels, signifying would help ensure that the Department Academy as the equivalent of a joint that we stood with our military lead- becomes fully auditable by 2017, as re- duty assignment to satisfy joint duty ers. We eliminated two provisions that quired under law, while improving pro- requirements. would have severely limited the De- curement of the business systems it Finally, this report extends for an- partment of Defense’s ability to invest needs to become auditable. Other pro- other year important prohibitions and in alternative fuels. visions help reform how the Federal restrictions on the transfer and release Both votes were bipartisan, and my Government conducts procurement of military detainees from Guanta- friend and colleague Senator HAGAN during contingency operations and help namo, and the construction or modi- sponsored one of those amendments. I ensure that certain whistleblowers who fication of facilities in the U.S. to commend Senator HAGAN’s leadership identify waste, fraud, and abuse are house them. It also establishes con- and her hard work on this issue. protected. The conference report also gressional notification requirements Mrs. HAGAN. I thank Senator MUR- increases transparency into ship- for military detainees held on naval RAY. I was proud to stand with my col- building programs, including Ford vessels and for the release of third- leagues on both sides of the aisle to Class aircraft carriers and Littoral country nationals held in military de- support efforts across the federal gov- Combat Ships. tention in Afghanistan. In addition, it ernment that will help provide our Another important provision in this clearly affirms that nothing in last military with the strategic advantages report addresses cybersecurity, by re- year’s defense authorization bill or the it needs to remain atop the world’s quiring consultation with Congress if a 2001 Authorization for Use of Military powers. decision is made to establish U.S. Force restricts or denies a person’s ex- A critical component to achieving Cyber Command as a unified command isting habeas corpus rights or any this goal is to ensure that the Depart- and that defense contractors notify the other constitutional right. ment of Defense is not solely dependent Department of Defense of any network As we look forward to Christmas, I on one fuel source. intrusions. remind my fellow Members to remem- Mr. President, the Department of De- Still another provision in the report ber the beneficiaries of this legisla- fense is committed to addressing this requires that, following a decision by tion—the men and women of our critical national security risk, and is the President to reduce U.S. forces in Armed Forces, who serve our Nation taking a joint approach to do so. In Au- Afghanistan, the Chairman of the Joint bravely and selflessly. Passing this gust 2011, the Secretaries of the De- Chiefs of Staff submit to Congress his conference report is the very least we partments of Agriculture, Energy, and assessment of the risk of that force re- can do for so many who are willing to Navy signed a memorandum of under- duction to our mission and security in- give all they have to defend our Na- standing to invest $170 million each to terests. tion. spur the production of advanced avia- This report also requires the Sec- I urge my colleagues to vote in favor tion and marine biofuels under the De- retary of Defense to submit to Con- of the conference report of the Fiscal fense Production Act. gress a report on the investment plan Year 2013 National Defense Authoriza- This joint MOU also requires sub- and resources needed to carry out the tion Act. stantial investment from the private U.S. strategy in Asia. I remain uncer- Finally, I would like to thank the sector, with at least a 1-to-1 match. tain that the Department’s plan for the ‘‘small but mighty’’ Senate Armed Our senior military leaders under- realignment of U.S. military forces in Services Committee Republican staff, stand that programs such as this MOU the Asia Pacific Region is adequately who have worked tirelessly and effec- are critical to national security. In supported by budgets and resources in tively in support of me and our mem- July, the Secretary of the Navy, the future years. The Center for Strategic bers. These loyal staff members, many Chief of Naval Operations, and the Ma- and International Studies released a of whom have served on the committee rine Corps Commandant expressed report in August 2012 that raised con- staff for many years, deserve our sin- their concern to Chairman LEVIN:

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18117 ‘‘The demand for fuel in theater means we out. The first issue goes to funda- the conference report includes a provi- depend on vulnerable supply lines, the pro- mental questions about basic constitu- sion stating that the use of force au- tection of which puts lives at risk. Our po- tional protections. Last year I voted thorization and last year’s Defense Au- tential adversaries both on land and at sea thorization bill should not be con- understand this critical vulnerability and against the Defense Authorization bill seek to exploit it.’’ because the bill included several trou- strued to deny the right to challenge their detention in court—the legal Given the importance of this MOU to bling provisions relating to the treat- term is habeas corpus—to individuals our national security, I was dis- ment and custody of detainees. These detained in the U.S. who would other- appointed when an amendment was provisions make it harder for the gov- ernment to fight terrorism and are in- wise have this right. adopted by one vote during the Senate This provision is essentially mean- Armed Services Committee mark-up consistent with America’s commitment to our Constitution and fundamental ingless. The Supreme Court has al- that would prevent the Navy from par- ready held that anyone in the custody ticipating further in the MOU. When human rights. This legislation—for the first time in of our government has the right to ha- the bill was considered on the Senate beas corpus. floor, I, along with a group of my col- American history—requires the mili- tary to take custody of detainees in This provision would not prohibit leagues, offered an amendment to long-term detention of American citi- strike this provision. the United States. FBI Director Robert Mueller strongly zens without trial. Without the Fein- Mr. President, I was pleased when my stein-Paul amendment, it remains un- amendment passed in a bipartisan objected to this military custody re- quirement. In a letter to the Senate clear whether indefinite detention is manner with 54 votes. I believe it sent permitted. an important message to conferees. last year, Director Mueller said the bill would, quote, ‘‘inhibit our ability to I also continue to oppose provisions However, I was very disappointed to in the conference report that limit the see that although the conference report convince covered arrestees to cooper- ate immediately, and provide critical administration’s ability to close the does not prohibit further involvement Guantanamo Bay detention facility. in the MOU by DOD, it does restrict intelligence.’’ Director Mueller concluded that this Like last year’s Defense Authoriza- the Department’s participation in con- tion bill, this legislation provides that struction of alternative fuel refineries provision ‘‘introduces a substantial ele- ment of uncertainty as to what proce- no detainee held at Guantanamo Bay until the other agencies contribute can be transferred to the United matching funds. dures are to be followed in the course of a terrorism investigation in the States, even for the purpose of holding However, I have been assured by him for the rest of his life in a federal Chairman LEVIN that the conference United States.’’ Last year’s bill also included a provi- super-maximum security facility. committee intends for this restriction And like last year’s bill, this legisla- to only apply to fiscal year 2013 funds. sion that could be interpreted to au- thorize the indefinite detention—with- tion provides that the government may It would not constrain fiscal year 2012 not construct or modify any facility in funds in any way. I ask Chairman out charge or trial—of American citi- zens in the United States. the United States for the purpose of LEVIN, is that correct? holding a Guantanamo Bay detainee. Mr. LEVIN. Yes, that is correct. The And the bill included restrictions that would make it virtually impos- The Obama administration has language does not apply to fiscal year threatened to veto the conference re- 2012 funds. We should all expect the sible to close the Guantanamo Bay de- tention center, which our most senior port because of these provisions. Here agencies involved to adhere to the is what the administration says: defense and intelligence officials have framework set forth in last year’s ‘‘Since these restrictions have been on told us is a recruitment tool for Al memorandum of understanding. the books, they have limited the Ex- Mrs. HAGAN. I thank Chairman Qaeda. I was hopeful that this year the De- ecutive’s ability to manage military LEVIN. I appreciate his continued sup- operations in an ongoing armed con- fense Authorization bill would undo port on this issue. Ensuring that our flict, harmed the country’s diplomatic some of the damage done by last year’s military leaders have the flexibility relations with allies and counterterror- bill. Unfortunately, that is not the they need to invest in alternative fuels ism partners, and provided no benefit case. is important to our national security. I whatsoever to our national security.’’ I am troubled that the conference re- look forward to continuing to work I agree. I continue to believe that with the Chairman on this important port does not include the Feinstein- closing Guantanamo is an important issue. Paul amendment, which passed the national security priority for our Na- Mr. DURBIN. Mr. President, I appre- Senate by a strong bipartisan vote of tion. ciate the hard work of the chairman, 67–29. And I am joined by many national se- Senator LEVIN, and the ranking mem- This amendment would have prohib- curity and military leaders, who say ber, Senator MCCAIN, on the fiscal year ited the indefinite detention of Amer- that closing Guantanamo will make us 2013 National Defense Authorization ican citizens and lawful permanent safer. Among them: General Colin Pow- Act conference agreement this whole residents apprehended in the U.S. un- ell, the former Chairman of the Joint year. less this detention is expressly author- Chiefs of Staff and Secretary of State; They have crafted reasonable, re- ized by Congress. Former Republican Secretaries of sponsible compromises in many areas This amendment would have made it State James Baker, Henry Kissinger, of defense policy. I appreciate that the clear that last year’s Defense Author- and Condoleezza Rice; Former Defense conferees were able to begin rebal- ization bill—as well as the authoriza- Secretary Robert Gates; Admiral Mike ancing our force even as we continue to tion to use military force that Con- Mullen, former Chairman of the Joint wind down our presence in Afghani- gress passed after the 9/11 terrorist at- Chiefs of Staff; and dozens of other re- stan. tacks—did not authorize indefinite de- tired admirals and generals. The men and women in uniform, as tention of Americans in the United Retired Admiral Don Guter was the well as their families, appreciate that States. Navy Judge Advocate General at the even in this tough fiscal environment This is a commonsense amendment Pentagon on 9/11. Listen to what he the bill would authorize a 1.7 percent that is consistent with our Constitu- said just a few weeks ago: ‘‘I want jus- across-the-board pay raise. tion and fundamental human rights. tice. But Guantanamo has not provided I also want to acknowledge that Con- Indeed, the Fifth Amendment of the that justice and has not made us safer. ferees retained my amendment imple- Constitution provides simply that ‘‘no . . . Guantanamo remains a recruiting menting visa bans and asset freezes person shall be deprived of life, liberty, tool for terrorists and will remain so against those supporting the M23 rebels or property without due process of until that prison is shuttered.’’ in Congo. law.’’ I also received a letter from dozens of But there are also several deeply But the conference report struck the human rights and religious organiza- troubling provisions that I must point Feinstein-Paul amendment. Instead, tions pointing out that many people

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18118 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 around the world view Guantanamo as am troubled that this is the first gun- Rock Island Arsenal, and all the other a symbol of America’s retreat from our related legislation that Congress will aspects of our nation’s organic indus- traditional role as a human-rights pass after the Newtown shooting. trial base. Prior Army planning had champion. I would much prefer that Congress’s not included long-term workload plans These detainee provisions are not first response to Newtown be a more to sustain the arsenals. I look forward just bad human rights and national se- balanced approach that reflects the to working with the Committee and curity policy. They are completely un- recommendations of the Vice Presi- the Army as this is implemented next necessary. Look at the track record. dent’s task force. Congress should not year. Since 9/11, our counterterrorism profes- continue voting to weaken gun laws This development notwithstanding, I sionals have prevented another ter- while the Vice President’s task force is am concerned about a provision in the rorist attack in the United States. doing its work. bill retained in conference that could And more than 400 terrorists have There is another issue in this con- require arbitrary cuts to the civilian successfully been prosecuted and con- ference agreement that is very trou- workforce not supported by the Depart- victed in federal court and are now bling, and that concerns the Navy’s en- ment’s strategy. I co-sponsored Sen- being safely held in federal prisons. A ergy requirements for the future. The ator CARDIN’s amendment to repeal few of the terrorists who have been Department of Defense is an enormous this provision, which unfortunately did convicted in federal court and are serv- consumer of energy, especially fuel for not pass on the Senate floor. The ing long prison sentences: Umar Faruk the Navy’s global fleet. Every time the House version contained no similar Abulmutallab, the Underwear Bomber; price of a barrel of oil increases by $1, provision and conferees kept much of Ramzi Yousef, the mastermind of the the Navy’s total fuel costs increase by the original language. I will continue 1993 WTC bombing; Omar Abdel $31 million. to work with the Defense Department Rahman, the so-called Blind Sheikh; For our men and women in uniform, and the Committee to ensure that the 20th 9/11 hijacker Zacarias Moussaoui; energy policy is about security and flexibility in this provision is used to and Richard Reid, the Shoe Bomber. budgets. That’s why Secretary of the ensure strategy-driven planning for the Unfortunately, the provisions in this Navy Ray Mabus is focused on shifting civilian workforce. conference report limit the flexibility Navy’s energy consumption to fifty As I stated up front, the conference of the administration to respond to ter- percent renewable fuels by 2020. report makes a number of critical, re- rorism in the most effective way. And But the Defense Department’s goal is sponsible decisions that provide our they do so in a way that calls into compromised with this conference re- men and women in uniform with the question our commitment to our Con- port. resources and policy authorities they stitution and human rights. We voted here in the Senate, on an need to provide for our common de- I am also concerned with the message amendment I was proud to co-sponsor, fense. this conference report sends to the mil- to ensure that the military has all the Nonetheless, its fundamental weak- lions of Americans who feel strongly tools it needs to invest in technologies nesses in detainee policy and other that our gun laws need to be reformed that will reduce fuel costs and enhance areas mean that I am regretfully un- after the mass murder in Newtown, CT. strategic capabilities. able to support passage of the con- Over the last few years, Congress has I was glad to see that the conference ference report. considered and passed a steady stream committee preserved the Navy’s full Mr. LEAHY. On November 28, 2012, of legislation that has weakened the ability to buy biofuels in the future. the Senate overwhelmingly passed my gun laws on the books. But then the conferees adopted provi- legislation, the Dale Long Public Safe- For example, Congress passed a law sions that undermine that goal. ty Officers Benefits Improvement Act to end the Reagan-era ban on loaded One provision will effectively end a of 2012 as an amendment to the bill the guns in National Parks; passed a law to joint project between the Department Senate will likely pass today, the Na- require Amtrak to allow guns to be of Defense, the Department of Energy, tional Defense Authorization Act for transported on their trains even and the Department of Agriculture to Fiscal Year 2013. though Amtrak determined after 9/11 build a refinery for biofuels. At that time, by a margin of 85 to 11, that this was too risky; and passed a It is unfortunate that this language the Senate sent a strong message of number of appropriations riders that was included in the conference report support to the men and women across made it harder for law enforcement because this provision was not origi- America who serve their fellow citizens agencies to enforce gun laws. I opposed nally included in the House- or Senate- as public safety officers. The Senate these efforts, but they became law. passed versions of the bill. made clear that this important policy, Things need to be different now. The In fact, Senator HAGAN sponsored an in place since 1976, is worthy of our growing toll of daily shootings in com- amendment, which I co-sponsored, that continued attention and our efforts to munities across the nation and the specifically removed a similar provi- make it better for those it is intended murder of twenty children at Sandy sion from the bill. Senator HAGAN’s to benefit. I thank the 85 Senators who Hook Elementary School have caused amendment was adopted on the Senate voted in favor of my amendment on Americans to say enough with the con- floor by a vote of 54 to 41. November 28, and for standing with stant efforts to roll back gun laws. And as the House-passed defense bill first responders across the United It’s time for a new conversation on also supported the joint project, it was States. how to best protect America’s children surprising to see that the conference As the Senate gives its consideration from gun violence. That conversation committee added a new provision to se- to final approval of the National De- is now underway with the Vice Presi- verely limit the biofuels partnership. fense Authorization Act, I want to take dent’s task force. This new provision is in direct oppo- a few moments to discuss what my Unfortunately, this conference report sition to the bills supported by a ma- amendment contains, and the intent contains a provision that yet again jority of Members in both chambers behind the various provisions within it. weakens gun laws currently on the and I am disappointed to see that the Before I do, however, in light of the books. It grants Federal concealed conference committee went against the terrible tragedy in Newtown, CT that carry privileges to thousands of indi- wishes of the Senate and included it. occurred on December 14, let me take a viduals even though the laws of my Finally, I must also mention the moment to recognize the first respond- State and other States may not permit bill’s impact on my home state of Illi- ers of Newtown and all who answered these individuals to carry concealed nois on a particular issue. I appreciate the call on that terrible day. In the weapons. Chairman LEVIN and Ranking Member midst of such incredible sadness, let us While this provision was added before MCCAIN working with the Illinois and recognize the men and women who an- the Newtown tragedy, and while there Iowa delegation on a bipartisan basis swered that call, who put the well- may be legitimate reasons behind it, I to require an Army plan to sustain being of schoolchildren, teachers, and

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Similarly situated men and women of the national fight against crime.’’ In recent days, a quote by the late who serve others as a part of private, This incentive, central to congres- children’s educator and minister Fred non-profit rescue squads should be sional policy, is only meaningful and Rogers has been shared widely among placed in the same position that all effective when the process for pro- Americans searching for some light other EMTs, firefighters, and police of- viding these benefits is efficient and within the darkness of what occurred ficers are relative to the PSOB pro- free from unnecessary delay or dispute. in Newtown. In the quotation, he re- gram. Today, after nearly three years Congress sought with the law to rec- calls how in the face of something of work in Congress, and through the ognize the very real risks that public frightening, his mother used to tell tireless advocacy of so many in the safety officers face on a daily basis— him, ‘‘Look for the helpers. You will public safety community like the whether fighting a fire, apprehending a always find people who are helping’’. American Ambulance Association, the criminal, or providing lifesaving med- He said then that he was comforted Fraternal Order of Police, the Inter- ical assistance during an emergency ‘‘by realizing that there are still so national Association of Firefighters, situation. many helpers—so many caring people and many others, I expect that this The House Judiciary Committee, in in the world.’’ His words exemplify our measure will be enacted. This is their its report at the time of PSOB’s origi- nation’s first responders. I know that law. nal enactment, noted that there was a this tragedy affects them just as deeply The other provisions in this legisla- moral component to this program as as it affects all of us and in some ways tion were developed around the provi- well. Then, the House Judiciary Com- that are difficult for us to fully under- sion I drafted to support Dale Long’s mittee characterized the original Act stand. But the dedication and bravery survivors and all who may find them- as Congress’ ‘‘recognition of society’s of these men and women is something selves in similar circumstances. In co- moral obligation to compensate the that I want to acknowledge and com- operation with House Judiciary Chair- families of those individuals who daily risk their lives to preserve peace and to mend. It is their determination and the man LAMAR SMITH, I assembled a host actions of first responders across the of other measures to make the PSOB protect our lives and property.’’ I country every day that serve as the program more equitable, and more effi- agreed then, and I believe now as strongly as ever that supporting our foundation and inspiration for the Fed- cient for the families of our fallen first first responders is the right thing to eral policy we strengthen for them responders and those first responders who have been permanently disabled in do. today. The passage of this amendment to The centerpiece of my amendment to the line of duty. the National Defense Authorization the National Defense Authorization Before describing those measures, Act for Fiscal Year 2013 will add effi- Act is a measure to fill a gap in the and the intent behind them, it is im- ciencies to claims processing and ex- Public Safety Officers Benefits, PSOB, portant to consider the overarching in- pand benefits available under the pro- law, which was exposed following the tent behind the original enactment of gram, and will further and reaffirm tragic death of a decorated emergency the PSOB law. In 1976, Congress en- Congress’ original intent. medical technician who served the acted the Public Safety Officers Bene- This legislation, which the House of community of Bennington, VT. Dale fits Act in order to accomplish several Representatives has approved, and Long was killed in the line of duty in policy goals. First, Congress sought to which the Senate now considers, makes a traffic accident while responding to provide uniformity to a disparate sys- several important changes to the an emergency call. When his surviving tem for first responder benefits across broader PSOB law, including the family members looked in to filing a the country and to ensure that irre- Hometown Heroes law, which I was claim with the PSOB office at the Jus- spective of the benefits provided in a proud to author in 2003. I will take a tice Department, they learned that a state, all first responders, regardless of moment now to discuss those provi- technicality made it impossible for the where they lived, would benefit from sions. PSOB office to review Dale Long’s meaningful assistance. In doing so, The hometown heroes law makes claim. Congress also intended to ensure that first responders who have died as the Under the PSOB law, in order for an the Federal PSOB benefit was to be result of a heart attack or stroke in emergency medical technician serving provided in addition to any other death the line of duty, or within a discrete the public to be covered, he or she or disability benefits that may be pro- time period following the period while must be part of a public agency, as de- vided by a state. This policy was af- the first responder was on duty, eligi- fined in the law. In Vermont, and else- firmed by the Supreme Court in the ble for a death or disability benefit where in the United States, particu- 1986 case of Rose v. Arkansas State Po- under the PSOB law. The amendment larly in rural areas, there are ambu- lice. There, in affirming Congress’ in- we consider strengthens this law. It lance companies that do not have a for- tent to protect the Federal benefit does so by adding to the list of quali- malized relationship with a state or from reduction by the provision of a fying health incidents ‘‘vascular rup- municipal government, and therefore state benefit, the Court identified that ture,’’ thus broadening coverage under are not considered a public agency Congress wished to address the inad- the hometown heroes law. Under cur- under the law. This technicality meant equacy of death benefits paid to first rent law, in order to be eligible for a that Dale Long, and others like him responders in some states. benefit, an officer must have suffered a across the country who serve their At the time of the original law’s en- heart attack or stroke. There are, un- communities as part of a private, non- actment, Congress also believed and in- fortunately, cases on hold within the profit rescue company, subject to the tended that a uniform Federal benefit, PSOB office that are not being proc- same risks and stresses, did not have irrespective of and immune from reduc- essed due to the presence of a vascular the security of coverage under the tion by any state benefit, would en- rupture, which is nevertheless a health PSOB program. Dale Long’s tragedy courage recruitment and retention of event consistent with the type of exposed this gap, and I introduced leg- qualified public safety officers. The stressful activity associated with the islation to fix it. United States Court of Federal Claims, work that first responders do every Mr. Long worked for the Bennington in upholding the award of a PSOB ben- day. Rescue Squad, a private, non-profit en- efit that had been wrongly denied, The hometown heroes statute recog- tity serving Bennington, VT. The wrote in Demutiis v. United States: nizes those situations where an officer

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Concurrent with this uous’’ activity is defined in the law to poses of a PSOB benefit, Congress made duty is the Bureau’s responsibility to exclude ‘‘actions of a clerical, adminis- the judgment and intends for such survivors: the Bureau must use its best trative, or nonmanual nature.’’ Thus claims to be weighted heavily in favor and appropriate efforts to ensure that, the law contains a very limited uni- of providing the benefit. where the facts warrant payment, verse of activities that are expressly Under the law, the presumption in claimants shall receive the benefit. excluded from the hometown heroes favor of the benefit may only be over- This means nothing more than that definition or what type of activity is come when PSOB fact finders are pre- it is the PSOB office, the Bureau of covered. As author of the hometown sented with evidence that factors other Justice Assistance, as the entity re- heroes law, it was my intent to make than duty-related activities led to a sponsible for administering PSOB sure that those first responders, who stroke, heart attack, or vascular rup- claims, which is charged to make de- suffer a catastrophic health event ture. The legislation we consider today terminations on claims. This does not while on duty or shortly following a pe- refines the existing statutory standard approve or compel PSOB fact finders to riod of duty, were covered. No one to emphasize that the ‘‘mere presence’’ abdicate to legal counsel their respon- should doubt the stresses encountered of cardiovascular risk factors in a fall- sibilities to decide claims. The claims every day by our first responders. If we en first responder is not enough to process itself in most instances should know one thing about the work that overcome this presumption. That is, be sufficient for PSOB fact finders to our first responders do, it is that it is simply because a public safety officer make the determination required, on unpredictable and is very difficult to who suffers a heart attack, stroke, or the facts presented, under the law. This characterize as routine. Congress in- vascular rupture may have had present provision is not an invitation in any way, absent evidence of fraud, to sub- tended that the language delineating risk factors or other indicators of the ject claims to unnecessary, protracted the type of activity that would give presence of cardiovascular disease, legal or medical review. Nor should rise to hometown heroes claim be con- that is not enough to overcome the this provision be construed to alter the strued broadly and the addition of strong presumption in favor of eligi- well-established standard of review ap- ‘‘vascular rupture’’ to the list of quali- bility. Nothing in this legislation or plicable to the claims process, that fying health events underscores that the refinement to the Hometown He- where the facts of a case ‘‘more likely intent. roes law should be construed as a de- than not’’ warrant payment of a claim, In 2007, the Senate Judiciary Com- parture from this presumption. Indeed, the benefit should be approved. This is mittee held a hearing to examine the the intent of this provision is to clarify a crucial aspect of the administration Department of Justice implementation that the burden to overcome the pre- of the PSOB benefit. And I would take of the hometown heroes law. This hear- sumption is a heavy one. As Congress a moment to respectfully disagree with ing followed many calls from the first recognized in 2003 with the enactment language contained in the House Judi- responder community to provide over- of the hometown heroes law and its ciary Committee’s report on the legis- sight on its implementation. I believe statutory presumption, serving as a lation we pass today. Language in the this hearing helped to move the needed first responder presents physical and House Report to accompany H.R. 4018, regulations along, and served to re- psychological challenges unlike any which appears to require the Depart- mind relevant officials that this under- other occupation in civil society. ment of Justice ‘‘ to objectively test or taking and policy was important to the In order to expedite claims proc- verify each material factual assertion legislative branch. It served to reaffirm essing for first responders and to re- made and obtain relevant information that at bottom Congress was seeking duce administrative costs within the beyond what claimants may provide’’ with this law to benefit first respond- PSOB office, the legislation we con- in order to discharge its legal duty, is ers and that ambiguities should be re- sider contains a measure to include a inconsistent with the intent of the solved in favor of the claimant con- ‘‘medical or claims examiner’’ within PSOB law. I would note my strong dis- sistent with the overarching congres- the definition of hearing examiner. If agreement with this language, which sional policy. enacted, this measure, one resource for fails to appreciate Congress’ original Congress did not intend for lawyers the fact finder, is to be used carefully intent in enacting this law and should at the Department of Justice to argue and limited to those instances where therefore be rejected. with claimants over the meaning of the fact finder determines that a ‘‘med- When Congress enacted this law in ‘‘nonroutine, stressful or strenuous ical [or claims] examiner’’ within a 1976, it did not intend then, and does physical’’ activity. Anyone who has medical specialty or subspecialty may not today, that this benefit program be served as a public safety officer knows provide in-person examinations or an adversarial proceeding for the fami- that there is nothing ‘‘routine’’ about record reviews to gain greater insight lies of fallen public safety officers or the work. From responding to an emer- regarding a claim. In turn, that exam- those public safety officers who have gency scene to render assistance, per- iner will submit a report to the fact suffered a career-ending disability in forming a traffic stop that can go very finder for consideration. Nothing in the line of duty. While the PSOB pro- wrong in an instant, maintaining cus- this measure, or the House Report’s gram has been amended many times tody of inmates, or engaging in a train- analysis of the companion bill H.R. over the years to expand coverage to ing or fitness exercise, ‘‘nonroutine, 4018, should be construed to remove the survivors and the public safety commu- stressful or strenuous physical’’ activi- discretion of the fact finder. The fact nity, in too many ways the program ties are expressed clearly in the stat- finder must weigh the totality of the has become administratively more ute, and Congress understood, and in- evidence, including reports of inde- complex and cumbersome for families tended, that the vast majority of line- pendent treating physicians whose ex- to receive the benefits due them. The of-duty work in which first responders perience and expertise regarding an of- hearing record for the Senate Judiciary engage is ‘‘nonroutine, stressful or ficer’s medical history and current con- Committee’s examination of this pro- strenuous physical’’ activity. As the dition are invaluable for a greater un- gram on October 4, 2007 is replete with statute makes abundantly clear, with derstanding of the case. testimony concerning the frustrations its limited exceptions, activities that The legislation further amends the and unnecessary challenges too many would be considered routine, and not PSOB statute to clarify and restate ex- surviving families have faced. Should stressful or strenuous physical activ- isting practice and procedure that it be enacted, the legislation we con- ity, consist generally of clerical or ad- PSOB payments shall be made ‘‘only sider today and this statement reaffirm

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Mr. President, I rise to payer, a sustainable mission should be shall pay a benefit. discuss the National Defense Author- instituted at the 911th. I think we are Federal officials, who administer the ization bill and how it will impact the in a very strong position to make that PSOB program, like all Federal offi- structure of the Air Force moving for- case and I look forward to working cials involved with providing financial ward. closely with the Air Force to protect assistance, are under both an ethical Of particular concern to me and my this critical installation. and a legal duty to administer PSOB constituents is the Pittsburgh Air Re- It is in our National interests that benefits in a manner consistent with serve Station, home of the 911th Airlift our best citizens are able to continue the controlling law and regulations. Wing located outside Pittsburgh. In its serving their country. In Pittsburgh, Nothing in this legislation subjects FY13 request, the Air Force proposed some of these citizens have served our Federal or contract employees deter- the retirement of the installation’s C– country proudly for generations. We mining PSOB claims to any greater li- 130 fleet and, by connection, the clo- should do all we can to support this ability or penalties than are currently sure of 911th. I have worked closely tradition of service because it makes applicable to other government em- with the Pennsylvania delegation to economic sense and is in our best na- ployees. As Chairman of the Senate Ju- fight against this proposed closure and tional security interests. diciary Committee, with oversight re- I would in particular like to thank Mrs. FEINSTEIN. Mr. President, I sponsibilities over the Department of Senator TOOMEY and Congressmen rise to address the conference report Justice, I have confidence that the men MURPHY, DOYLE and CRITZ for all of for the National Defense Authorization and women of the Justice Department their work on this critical issue. Act for Fiscal Year 2013 which we will who administer PSOB claims execute We all fought so hard against this vote on later today. their responsibilities with the highest proposed closure because we believe I will vote yes on this bill as I did on level of integrity, and will continue to that the Air Force proposal did not re- last year’s bill even though nothing in do so in the future with the discretion flect a thorough analysis of the merits it effectively addresses indefinite mili- that the law provides. Justice Depart- of the 911th Airlift Wing, nor its associ- tary detention, which 67 Members of ment officials should be confident that ated cost savings. In its FY13 Force this body are now on record opposing. the good work that they do relative to Structure proposal, the Air Force did My colleagues will recall that I intro- this program, even where the process of not provide any analysis on how the duced, with a large bipartisan group of review may question their judgment or closure of the 911th would impact the cosponsors, an amendment that pro- conclusions, is subject to a law that local community. The lack of trans- vided that U.S. citizens and lawful per- gives them the freedom to exercise parency associated with the Air manent residents who are apprehended their discretion fairly and impartially. Force’s initial proposal and infrastruc- on U.S. soil cannot be detained indefi- The operative standard for claims eval- ture changes around the country is ex- nitely, without charge or trial. The uation under the PSOB law is one of tremely troubling. This is why I sup- Senate passed this amendment by an ‘‘more likely than not’’, and this stand- ported the freeze and the establishment overwhelming bipartisan vote, 67 to 29. ard by its terms allows ample room for of the National Commission on the I am saddened and disappointed that PSOB fact finders to exercise broad Structure of the Air Force as mandated this detention amendment was dropped discretion. Indeed, it is worth recog- by the FY13 NDAA reported out of the in conference. I don’t understand why nizing that the courts have reversed Senate Armed Services Committee. we could not ensure that, at the very the denial of PSOB benefits on at least The 911th is a very efficient and cost least, American citizens and green card eight occasions. I am aware of no in- effective unit installation that is truly holders cannot be held indefinitely stance, however, where the approval of part of the proudly patriotic commu- without charge or trial. As I have said a PSOB benefit was overturned or de- nity in the Pittsburgh area. Its aircraft over the past few days, to me this is a termined to have been in error. maintenance program has resulted in no-brainer and is a real missed oppor- Let me conclude with a few general an increase of aircraft availability tunity. points about this important program. days while saving the Pentagon more The main reason I support this bill is Congress enacted this law in 1976 be- than $42 million over the last five because it authorizes $640.7 billion for cause it recognized then, as we do now, years. Additionally, the Pentagon pays fiscal year 2013 for the Department of that the welfare of America’s public only $20,000 to lease more than 100 Defense. safety officers, and their families, is acres for the Wing, which is a small This funding ensures our troops de- worthy of our support. Congress has sum when compared to the parallel ployed around the world—especially acted over the last 36 years on several costs at other bases and installations. those in Afghanistan—have the equip- occasions to expand the law. The PSOB Finally and perhaps most importantly, ment, resources, and training they program was designed with that over- an incredibly skilled and experienced need to defend this Nation. For exam- arching principle in mind, and the De- workforce is employed at the 911th in- ple, the Defense bill fully funds the partment of Justice, in administering stallation, a significant and irreplace- President’s budget request of $5.7 bil- the program, must make every effort able resource for the Air Force. It lion to build the capacity of the Afghan to ensure that the families of fallen of- would be a terrible waste of taxpayer National Security Forces so those ficers and those disabled are provided dollars if this installation were to close forces can take over for U.S. forces and with the benefit to which they are enti- at this critical time. take the security lead throughout Af- tled under the law in an efficient man- I am disappointed in the conferees for ghanistan by 2014. ner. removing language that we voted on The Defense authorization bill will As the Department of Justice moves here in the Senate which would have also provide the resources necessary to forward to implement the improve- frozen any infrastructure changes support our defense strategies and ments that Congress considers today, I within the Air Force in FY13. I think allow our military to modernize equip- look forward to working with officials that this decision was misguided and ment worn out after 11 years of war in within the Department’s Office of Jus- wrong. the difficult battlefield environments tice Programs as they carry out their But I understand that the bill also of Afghanistan and Iraq. work. And I look forward to seeing requires the Air Force to maintain an Such resources include investments these measures put into practice swift- additional combination of 32 C–130s and in our Global Hawk unmanned aircraft,

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which provide critical intelligence, sur- HAM—both of whom advocated indefi- that it could be read to imply there is veillance and reconnaissance informa- nite military detention powers in the an authorization to indefinitely detain tion. These aircraft have also provided past. illegal immigrants and legal visitors in crucial support for disaster response ef- Professor Vladeck wrote: the United States. In doing this, they forts, including for rescue workers in The Graham/Levin colloquy sought to cast ignore the language in paragraph 3 the wake of the earthquake, tsunami, [the Feinstein] language as doing exactly the that explicitly prevents such an inter- and nuclear disaster in Japan. opposite of what it says, i.e., as confirming pretation. Paragraph 3 of the amend- To increase diplomatic security that U.S. citizens can be detained even with- ment clarifies that the text to be added in the territorial United States pursuant to around the world and so that we learn the logic of the Supreme Court’s opinion in to the Non-Detention Act of 1971 ‘‘shall from the mistakes that took the lives Hamdi [v. Rumsfeld]. not be construed to authorize the de- of four Americans in Benghazi, this bill Professor Vladeck concluded that tention of a citizen of the United requires the Secretary of Defense to de- Senators LEVIN and GRAHAM were ‘‘ex- States, a lawful permanent resident of velop a plan to increase—by up to actly wrong’’ because ‘‘the plain text of the United States, or any other person 1,000—the number of marines in the the bill is simply irreconcilable with who is apprehended in the United Marine Corps security guard program that understanding.’’ States.’’ Again, don’t take my word for to be able to deploy them to troubled In another article, Vladeck and it. Professors Lederman and Vladeck facilities to protect our personnel Georgetown Law Professor Marty say that the amendment ‘‘would do abroad. Lederman, another expert on military nothing of the sort.’’ As I mentioned, the Senate over- detention and national security, wrote: The bottom line: Indefinite military whelmingly passed, on a 67 to 29 vote, If it were to be enacted, the amendment detention is incompatible with our val- the amendment to ban the indefinite would ensure that a future president could ues, and this amendment would have detention of U.S. persons—citizens and not construe the September 18, 2001 Author- been a major step forward to make sure green card holders—without charge or ization for Use of Force (AUMF), the FY2012 we never return to the dark chapter of trial. NDAA, or any comparable statute to author- American history when we detained The amendment would have updated ize the military detention of citizens and Japanese-American citizens out of fear LPRs [lawful permanent residents] appre- the Non-Detention Act of 1971, which hended within the United States. during World War II. Mr. President, some have pointed to clearly states: I agree with these law professors— section 1029 of the conference report No citizen shall be imprisoned or otherwise with whom I worked, in fact, on the and said that it accomplishes what the detained by the United States except pursu- drafting of my bill and amendment. It ant to an act of Congress. Feinstein amendment would have done. is true the courts have previously That is not true. The amendment would have built on reached ambiguous and conflicting de- The amendment offered by Congress- the Non-Detention Act of 1971 so that cisions regarding whether U.S. persons man GOHMERT regarding habeas corpus, it applies to not just U.S. citizens but apprehended on American soil may be which is now section 1029 of the under- also to green card holders. It would subject to indefinite detention under lying conference report, does nothing have provided that no military author- the laws of war. However, far from add- except restate that constitutional ization allows indefinite detention of ing to this ambiguity, I am confident rights to file a habeas claim can’t be U.S. citizens and green card holders ap- this amendment would bring much- denied. prehended inside the United States. needed clarification to this area of the Consider the exact text of this sec- The detention amendment stated: law. tion, which reads: An authorization to use military force, a The Feinstein detention amendment declaration of war, or any similar authority would have updated the Non-Detention SEC. 1029. RIGHTS UNAFFECTED. shall not authorize the detention without Act of 1971 which Congress passed to Nothing in the Authorization for Use of charge or trial of a citizen or lawful perma- Military Force or the National Defense Au- repudiate the shameful Japanese- thorization Act for Fiscal Year 2012 shall be nent resident of the United States appre- American internment experience dur- hended in the United States unless an Act of construed to deny the availability of the Congress expressly authorizes such deten- ing World War II. That 1971 landmark writ of habeas corpus or to deny any Con- tion. legislation, which liberal critics of the stitutional rights in a court ordained or es- detention amendment have made no ef- tablished by or under Article III of the Con- Unfortunately, as soon as the amend- fort to overturn, protected only U.S. stitution to any person inside the United ment passed, the language was mis- citizens from detention. In contrast, States who would be entitled to the avail- represented by critics on the left as the amendment broadens protections ability of such writ or to such rights in the well as proponents of indefinite mili- from indefinite detention, protecting absence of such laws. tary detention on the right, particu- both green card holders, called ‘‘lawful This provision doesn’t do anything to larly after a handful of Senators who permanent residents’’, as well as citi- add to the rights of individuals inside previously opposed this effort switched zens. the United States, such as citizens, be- their vote at the last minute. At a time when civil liberties are cause the writ of habeas corpus is a Make no mistake, the amendment is under attack, we should not let the constitutional right to appear before a not a Trojan horse designed to surrep- perfect be the enemy of the good. As judge to challenge the legality of an in- titiously authorize indefinite detention Professors Lederman and Vladeck note, dividual’s incarceration. in the United States. The text of the ‘‘The new Feinstein amendment . . . During the colonial period, habeas amendment is clear, and the legal ex- does protect the vast majority of per- corpus was understood as a writ avail- perts I consulted on the amendment sons in the United States from non- able to a prisoner, ordering his jailer to agree. criminal detention without express appear with the prisoner before a court For example, Stephen Vladeck of statutory authorization. . . .’’ of general jurisdiction and to justify American University, a law professor As I said during the floor debate on the confinement. who has litigated military detention the amendment, I would support ex- In the Constitution, after enumer- issues in the Supreme Court and an ex- tending the protections in the amend- ating the powers of Congress, the draft- pert on national security law, testified ment to all persons in the United ers inserted language guaranteeing the this year before the Senate Judiciary States, whether lawfully or unlawfully right to habeas when they stated, ‘‘The Committee on S. 2003, the Due Process present, but so far we have lacked suf- privilege of the Writ of Habeas Corpus Guarantee Act, which is almost iden- ficient support in the Senate to do this. shall not be suspended, unless when in tical to the detention amendment to Most Republican cosponsors of the bill Cases of Rebellion or Invasion the pub- the Defense authorization bill. Pro- said they would not support the legis- lic Safety may require it.’’ fessor Vladeck reviewed the statements lation if it went that far. So habeas is a constitutional right of support for the amendment by Sen- Other critics misrepresent the lan- that already applies to all individuals ators CARL LEVIN and LINDSEY GRA- guage of the amendment by charging found in the United States, and habeas

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While I tainees held in Guantanamo, who have ducing its oil revenues by up to $5 bil- regret that these exceptions were never even set foot in the United lion per month, and causing the value added by the conferees, and think they States. of its currency to plummet. may need to be addressed in future leg- This was the issue before the Su- The Defense Authorization con- islation, they cannot be allowed to preme Court in the case of Rasul v. ference report being considered today weaken or undermine implementation Bush, 2004 where, in a 6-to-3 opinion includes a set of additional measures of these sanctions or of the broader written by Justice John Paul Stevens, aimed at Iran which broaden and deep- sanctions regime already in place. Our the Court found that noncitizen detain- en U.S. sanctions against its shipping, staff worked hard, on a bipartisan ees at Guantanamo had habeas corpus energy, shipbuilding and military sec- basis, to ensure that the final version rights. Justice Stevens also wrote that tors, and those who deal with entities preserves all of the President’s very the right to habeas corpus is not de- in these sectors. They also require new powerful sanctions tools provided for pendent on citizenship status. The de- sanctions against those supplying Iran under the International Emergency tainees were therefore free to bring a certain strategic materials, and expand Economic Powers Act, and does not un- habeas claim challenging their deten- the sanctions net to those who provide dermine that authority in any way. I tion as unconstitutional. Iran certain financial or insurance am concerned that as we forward on Because the Constitution already services. sanctions an approach which is inat- grants this right explicitly—legislation All of these new sanctions, and those tentive to these existing authorities purporting to grant this right is inef- provided for in our legislation in Au- might actually unintentionally under- fective and simply empty words, meant gust which will come online soon, will mine them. to make lawmakers feel good but not be implemented at a sensitive time, as As we all recognize, economic sanc- actually adding anything to the rights the U.S. and our P5+1 allies prepare for tions are not an end—they are a means of the American people. what President Obama has described as to an end—to apply enough pressure to The question is not whether Ameri- a renewed push to develop a negotiated secure agreement from Iran’s leaders cans still have constitutional rights to solution to this problem. The prospect to fully, completely and verifiably habeas. Of course that right and others of a nuclear-armed Iran is the most abandon their illicit nuclear activities. that are guaranteed by the Constitu- pressing foreign policy challenge we The Banking Committee will continue tion remain in place. Rather, the ques- face, and we must continue to do all we to assertively oversee the President’s tion is, Should the military be allowed can—politically, economically, and implementation of the comprehensive to indefinitely detain U.S. citizens in diplomatically—to avoid that result. In sanctions regime, and do all we can to the first place? Should we allow the the coming months, it will become provide all the tools he needs to resolve military to patrol our streets and pick clear whether Iran will be willing fi- these issues with Iran. up citizens? I believe the answer to nally to change course, and agree to Mr. MCCAIN. Mr. President, I yield that question—both here in the Senate the terms of the international commu- the remainder of our time. and across the Nation—is a resounding nity to bring an end to its illicit nu- The PRESIDING OFFICER. The Sen- no. clear program, allow for intrusive ator from Michigan. So I will continue to work to correct international inspections of its nuclear Mr. LEVIN. Mr. President, let me the flaws of the Fiscal Year 2012 Na- sites and activities, and stop its con- thank Senator PRYOR for his tremen- tional Defense Authorization Act, and I tinued support for terrorism and dous contribution to this bill and to look forward to the continued support abuses of human rights. Given Iran’s this body. The fight he is waging here of the 67 of my colleagues who voted track record, there is considerable rea- is the correct fight. This was not done for the Feinstein amendment this year. son to be skeptical. But the President well by the Air Force, to put it mildly. I am confident that eventually we continues to press to resolve these We froze it. They amended it. We have will build the support for this amend- issues diplomatically if possible, and if some problems with the amendment, ment that we need on the House side that can be done it is obviously pref- but we had to reach a compromise with too. Therefore, it is only a matter of erable to any military alternative. Iso- the House, which favored their modi- time before we prevail. The Feinstein lated diplomatically, economically, fied bill, and there are some rough detention amendment is what the and otherwise, Iran must understand edges to it. American people want, and it would that the patience of the international The Senator from Arkansas has very guarantee the fundamental liberty that community is fast running out. Iran’s eloquently pointed out one of those they deserve. leaders can end the repression against rough edges. We put in this place in Mr. JOHNSON of South Dakota. Mr. their people, come clean on their nu- this bill a commission to try to avoid President, last August Congress en- clear program, suspend enrichment, these kinds of problems in the future. acted, with broad bipartisan support, and stop supporting terrorists around That does not help this year. I wish it the Iran Threat Reduction and Syria the globe, or they can continue to face could. But, nonetheless, it is because of Human Rights Act of 2012, a com- sustained multilateral economic and the efforts of the Senator from Arkan- prehensive sanctions bill I coauthored. diplomatic pressure and deepen their sas and others, who pointed out the de- That legislation, blending various international isolation. fects in the process this year, that we measures introduced by my colleagues Let me say a final word about the have been able to, hopefully, avoid a with new ideas developed by the Bank- process. The new measures contained repetition of this in the future. I thank ing Committee, imposed a range of in this bill were offered as a Senate him for the many contributions he has tough new sanctions on the Govern- floor amendment, and did not come made to this bill. His fight for his home ment of Iran and those who do business through the Banking Committee. My State is passionate and effective, and I with it. This was done to tighten fur- view has always been that any innova- commend him for it. ther the squeeze on Iran’s major rev- tive legislative ideas that may help Mr. President, I yield back our time, enue sources, and force its leaders fi- force Iran to engage in successful nego- if we have any remaining. nally to come clean on Iran’s illicit nu- tiations are worthy of serious consider- The PRESIDING OFFICER. All time clear program. The third major piece of ation. Even so, in negotiating these is yielded back. Iran sanctions legislation to be enacted provisions in a hurried conference com- The question is on the adoption of in the last 2 years, it followed the mittee process, procedural objections the conference report. Banking Committee’s Comprehensive raised by House Ways and Means Com- Mr. MCCAIN. Mr. President, I ask for Iran Sanctions and Divestment Act in mittee majority staff because of the the yeas and nays. July of 2010, and the sanctions imposed way the new provisions were offered The PRESIDING OFFICER. Is there a on Iran’s oil purchases 1 year ago. prompted them to insist on inserting sufficient second? Those combined sanctions have had a certain exceptions related to import There is a sufficient second.

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18124 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 The clerk will call the roll. This Nation has long been a beacon grading treatment, with individuals de- The legislative clerk called the roll. of liberty and a champion of rights nied basic rights. Rather, we shall Mr. KYL. The following Senators are throughout the world. Yet since 9/11, in overcome it by staying true to our necessarily absent: the Senator from the name of security, we have repeat- highest values and by insisting on legal Massachusetts (Mr. BROWN), the Sen- edly betrayed our highest values. The safeguards that are the very basis of ator from South Carolina (Mr. past administration believed it could our system of government and freedom. DEMINT), the Senator from Illinois (Mr. eavesdrop on Americans without a war- Mr. LEAHY. Mr. President, today, KIRK), and the Senator from Kansas rant or court order. It utilized interro- the Senate voted, by voice vote, to ap- (Mr. MORAN). gation techniques long considered im- prove the conference report to accom- The PRESIDING OFFICER (Mr. moral, ineffective, and illegal, regard- pany H.R. 4310, the National Defense FRANKEN). Are there any other Sen- less of laws and treaties. And, it inten- Authorization Act (NDAA) for Fiscal ators in the Chamber desiring to vote? tionally sought to put detainees be- Year 2013. As it always does, the NDAA The result was announced—yeas 81, yond the rule of law. Thankfully, the included a number of important provi- nays 14, as follows: current administration has ended the sions, including critical authorizations [Rollcall Vote No. 229 Leg.] worst abuses of these practices, despite for our troops in uniform, for essential YEAS—81 the efforts of some of my colleagues to defense programs to promote and pro- tect our national security both at Akaka Gillibrand Murkowski stymie these efforts. Alexander Graham Murray However, I am deeply concerned that home and abroad, and for important Ayotte Hagan Nelson (NE) the conference report continues us on a programs that keep ours the greatest Baucus Hatch Nelson (FL) dangerous path of sacrificing long-held military in the world. Begich Heller Portman The conference report approved Bennet Hoeven Pryor principles. Bingaman Hutchison Reed To begin, this bill fails to make clear today also includes two important pro- Blumenthal Inhofe Reid that under no circumstance can an visions which I was proud to support. Blunt Isakson Roberts American citizen be detained indefi- The Dale Long Public Safety Officers Boozman Johanns Rockefeller Boxer Johnson (SD) Rubio nitely without trial. When the bill was Benefits Improvements Act will fill a Brown (OH) Johnson (WI) Schumer considered in the Senate, I was proud gap in existing law and extend the Fed- Burr Kerry Sessions to join 66 of my colleagues in sup- eral Public Safety Officers/Benefits Cantwell Klobuchar Shaheen program to paramedics and emergency Cardin Kohl Shelby porting an amendment, authored by Carper Kyl Snowe Senator FEINSTEIN, which sought to medical technicians who work or vol- Casey Landrieu Stabenow clarify that the law does not authorize unteer for nonprofit ambulance serv- Chambliss Lautenberg Tester the President to indefinitely detain an ices, and their families, when they are Coats Levin Thune Coburn Lieberman Toomey American seized in the United States disabled or killed in the line of duty. Cochran Lugar Udall (CO) and indefinitely detain them without And important measures relating to Collins Manchin Udall (NM) charges and without due process. I am Department of Defense law enforce- Conrad McCain Vitter ment officers are also included. Coons McCaskill Warner heartened that President Obama has Corker McConnell Webb made clear he will not attempt to exer- While I am pleased this conference Cornyn Menendez Whitehouse cise such power, but I am greatly dis- report includes important elements Feinstein Mikulski Wicker appointed that the conference report such as these, I remain deeply con- NAYS—14 omitted this language. cerned about several troubling provi- Barrasso Grassley Paul Moreover, the bill would make it sions that remain in the law relating Crapo Harkin Risch much more difficult to close the deten- to the indefinite detention of individ- Durbin Leahy Sanders tion center at Guantanamo Bay. There uals without charge or trial and the Enzi Lee Wyden Franken Merkley simply is no compelling reason to keep conference report drops the Senate the facility open and not to bring these amendment we adopted to protect NOT VOTING—4 detainees to maximum security facili- against abuses. The indefinite deten- Brown (MA) Kirk ties within the United States. The de- tion and mandatory detention provi- DeMint Moran tention center has been, and continues sions that were enacted in last year’s The conference report was agreed to. to be, a stain on our Nation’s honor. I defense authorization bill undermine Mr. HARKIN. Mr. President, as a agree with former Secretary of State our Nation’s fundamental principles of Senator, I have no greater responsi- Colin Powell who said ‘‘we have shaken due process and civil liberties, and I bility than to work to ensure our Na- the belief that the world had in Amer- have worked to eliminate or fix these tion’s security. Our Armed Forces ica’s justice system by keeping [the de- flawed provisions. must have the tools they need to keep tention center at Guantanamo Bay] Earlier this month, during debate on our country safe. That is why I support open. We don’t need it and it’s causing the Senate bill, we took a positive step the vast majority of the provisions in us far more damage than any good we toward fixing these flawed provisions the National Defense Authorization get for it.’’ by adopting an amendment offered by Act and why I supported the bill that In the immediate aftermath of 9/11, Senator FEINSTEIN that I supported to passed the Senate. I particularly note the Bush administration declared a clarify that our government cannot de- provisions that increase pay and bene- broad and open-ended ‘‘war on terror.’’ tain indefinitely any citizen or legal fits for our servicemembers and retir- I have always considered this a flawed permanent resident apprehended in the ees, ensure a drawdown of our troops in description of the challenge that con- United States. More than two-thirds of Afghanistan, allow female servicemem- fronted us after the 9/11 attacks. After the Senate voted in favor of this bers access to basic health services if all, ‘‘terror’’ is an endlessly broad and amendment, and I viewed this as a con- they are victims of sexual assault, and vague term. And a ‘‘war on terror’’ is a structive part of our efforts to undo limit the annual increases in TRICARE war that can never end, because ter- some of the damage from last year’s prescription drug premiums. All of rorism and terrorists will always be NDAA. During the Senate debate on these provisions I support and believe with us. Because of the never-ending the detention provisions this year, I are important. nature of this so-called ‘‘war on ter- stated again my belief that the vital I oppose this bill because I do not be- ror,’’ it offers a rationale for restrict- protections of our Constitution extend lieve it adequately reflects our prin- ing civil liberties indefinitely. This is to all persons here in the United ciples. I believe we can do a better job not healthy for our democracy or for States, regardless of citizenship or im- of protecting our national security our ability to inspire other countries migration status. Nonetheless, I voted without compromising important val- to abide by democratic principles. for this amendment to affirm that in- ues than what is contained in this leg- We will not overcome terrorism with definite detention has no place in our islation. secret prisons, with torture, with de- justice system.

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18125 Inexplicably, however, the Feinstein namo, even those who have already H.R. 1; that if cloture is not invoked, amendment was stripped from the final been found to have had no connection the majority leader be recognized; that bill during conference negotiations be- to terrorism. These provisions do not if cloture is invoked, Senator TOOMEY tween the House and Senate. Despite represent Vermont values, they do not or designee be recognized for the pur- such broad Senate support for the represent American values, and they pose of raising a budget point of order Feinstein amendment, the conference have no place in this world. As a result against the pending substitute amend- report no longer expressly reaffirms of the failure of the conferees to seri- ment; that if the point of order is that U.S. citizens and legal permanent ously address these fundamental raised, Senator LEAHY or designee be residents in America cannot be de- wrongdoings and support the principles recognized to move to waive the budget tained indefinitely without charge or of our Constitution, I am unable to point of order; that there be 10 minutes trial. Instead, we are left with the sta- support final passage of this year’s of debate prior to a vote in relation to tus quo of restrictions and prohibitions NDAA. Moving forward, as I did last the motion to waive; that no other on the transfer of detainees that leaves year, I hope to foster a broader discus- budget points of order be in order to us no closer to closing the detention fa- sion about these issues and work to the substitute or the underlying bill; cility at Guantanamo once and for all. make concrete changes to protect that not withstanding rule XXII, the I have repeatedly said that I am fun- American values and champion the following amendments be in order: damentally opposed to indefinite de- rule of law. We need a bipartisan effort Cardin No. 3393; Grassley No. 3348; tention without charge or trial. I to guarantee that the United States re- Feinstein No. 3421, as modified; Harkin fought against the Bush administra- mains the model for the rule of law to No. 3426; Landrieu No. 3415; Leahy No. tion policies that led to the current sit- the world. 3403; McCain No. 3384, as modified; uation, with indefinite detention as the There is one additional provision Bingaman No. 3344; Coburn No. 3368; de facto policy. I opposed President that has been excluded from this con- Coburn No. 3369; Coburn No. 3370, as Obama’s executive order in March 2011 ference report that is of concern to me modified, with two divisions; Coburn that contemplated indefinite deten- and a number of Senators and Con- No. 3371; Coburn No. 3382; Coburn No. tion, and I helped lead the efforts gressmen. Both the House and Senate 3383; Tester No. 3350; Paul No. 3376; against the detention-related provi- approved in their defense authorization Paul No. 3410; McCain No. 3355; sions in last year’s NDAA. A policy of bills language to freeze Air National Merkley No. 3367, as modified; Lee No. indefinite detention has no place in the Guard and Air Force Reserve man- 3373, as modified; and Coats No. 3391; justice system of any democracy—let power and force structure in the wake that no amendments be in order to any alone the greatest democracy in the of the Air Force’s announced intention of these amendments prior to votes in world. to disproportionately target the Na- relation to the amendments; that the The American justice system is the tional Guard as it prepared for Budget amendments be subject to a 60-affirma- envy of the world, and a regime of in- Control Act cuts. I joined Senator GRA- tive-vote threshold; that there be 30 definite detention diminishes the credi- HAM, Representative HUNTER and Rep- minutes of debate equally divided in bility of this great Nation around the resentative WALZ in leading a letter to globe, particularly when we criticize the conferees signed by 87 members of the usual form on each of the amend- other governments for engaging in Congress in support of continuing the ments, with the exception of the fol- such conduct, and as new governments freeze and preserving the National lowing: 20 minutes equally divided on in the midst of establishing legal sys- Commission on the Structure of the each of the Coburn amendments or di- tems look to us as a model of justice. Air Force which was included in the visions and the Lee amendment; and 40 Indefinite detention contradicts the Senate-passed Defense Authorization minutes equally divided on each of the most basic principles of law that I have Act. Paul amendments; and 1 hour equally pledged to uphold since my years as a I was surprised to see that the con- divided on the Coats amendment; that prosecutor and in our senatorial oath ferees rewrote these provisions, instead upon the use or yielding back of time, to defend the Constitution. That is why adopting in this conference report an the Senate proceed to votes in relation I have opposed and will continue to op- Air Force proposal that had been nei- to the amendments in the order listed; pose indefinite detention. ther reviewed nor debated by either that there will be 2 minutes of debate In addition to failing to rectify the chamber. While the final conference re- equally divided between the votes; that indefinite detention provisions from port does preserve the National Com- all after the first vote be 10-minute last year’s NDAA in the conference re- mission on the Structure of the Air votes; further, that upon disposition of port, I also continue to be deeply dis- Force, I believe it does not go far the pending amendments listed, the turbed by the mandatory military de- enough to protect the fundamental Senate proceed to vote in relation to tention provisions that were included needs and strength of our Air National the pending substitute amendment, as in last year’s NDAA through Section Guard. amended, if amended; that upon dis- 1022. In the fight against al Qaida and I will continue to work with others position of the substitute, the cloture other terrorist threats, we should give here in Congress who believe, as I do, motion on the underlying bill be with- our intelligence, military, and law en- that the Guard represents much of drawn, the bill be read a third time, forcement professionals all the tools what is best about our country’s mili- and the Senate proceed to vote on pas- they need. These limitations abandon tary. sage of H.R. 1, as amended, if amended. our full arsenal of powers. I remain f The PRESIDING OFFICER. Is there concerned that the mandatory military objection? detention requirements are overly UNANIMOUS CONSENT broad and threaten core constitutional AGREEMENT—H.R. 1 Without objection, it is so ordered. principles. Once sacrificed, our treas- The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen- ured constitutional protections are not FRANKEN). The majority leader. ator from Vermont. easily restored. After all, the policy di- Mr. REID. Mr. President, I have a Mr. LEAHY. Mr. President, the ma- rective of this President can be undone unanimous consent agreement. If ev- jority leader indicated that when we by a future administration. eryone would be patient, we have two have the point of order, I or my des- I find the detention provisions en- votes. acted through last year’s NDAA and Mr. President, I ask unanimous con- ignee be recognized. I ask that the dis- the failure to fix them this year deeply sent that at a time to be determined by tinguished senior Senator from Mary- troublesome. I am also concerned the majority leader, after consultation land, the chair of the Appropriations about the extension of overly burden- with Senator MCCONNELL, the Senate Committee, be the designee. some restrictions and conditions on the proceed to the cloture vote with re- The PRESIDING OFFICER. Without transfer of detainees from Guanta- spect to the substitute amendment to objection, it is so ordered.

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18126 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 CLOTURE MOTION Gillibrand Lieberman Rubio sional Budget Act of 1974, I move to Graham Lugar Sanders waive the critical sections of that act, The PRESIDING OFFICER. The clo- Grassley Manchin Schumer ture motion having been presented Hagan McCain Sessions and I ask for the yeas and nays. Harkin McCaskill Shaheen The PRESIDING OFFICER. Is there a under rule XXII, the Chair directs the Hatch McConnell clerk to read the motion. Shelby sufficient second? Heller Menendez Snowe There is a sufficient second. The legislative clerk read as follows: Hoeven Merkley Stabenow Hutchison Mikulski Under the previous order, there will Tester CLOTURE MOTION Isakson Murkowski Thune be 10 minutes of debate equally divided Johanns Murray We, the undersigned Senators, in ac- Toomey prior to a vote on the motion to waive. cordance with the provisions of rule Johnson (SD) Nelson (NE) Johnson (WI) Nelson (FL) Udall (CO) The Senator from Maryland. XXII of the Standing Rules of the Sen- Kerry Paul Udall (NM) Ms. MIKULSKI. Mr. President, I un- ate, hereby move to bring to a close de- Klobuchar Portman Vitter derstand the Senator from Pennsyl- bate on the substitute amendment No. Kohl Pryor Warner Landrieu Reed Webb vania wishes to speak. I just need to es- 3395 to H.R. 1, an act making appro- Lautenberg Reid Whitehouse sentially object to his point of order. I priations for the Department of De- Leahy Risch Wicker do this because although I know he is fense and other departments and agen- Lee Roberts Wyden indeed well intentioned—Mr. Presi- Levin Rockefeller cies of the Government for the fiscal dent, the Senate is not in order. This is year ending September 30, 2011. NAYS—1 an important precedent that could be Harry Reid, Patrick J. Leahy, Benjamin Kyl set, and I would like Members not to L. Cardin, Mark Begich, Joe Manchin talk. III, Tom Harkin, Jeff Bingaman, Mary NOT VOTING—7 The PRESIDING OFFICER. If Mem- Landrieu, Christopher A. Coons, Amy Brown (MA) DeMint Moran Klobuchar, Bill Nelson, Debbie Stabe- Burr Inhofe bers would please take their conversa- now, Jack Reed, Kirsten E. Gillibrand, Coburn Kirk tions out of the Chamber if they wish Tom Udall, Bernard Sanders, Sheldon The PRESIDING OFFICER. On this to talk. If not, could they be quiet. Whitehouse vote, the yeas are 91, and the nays are Ms. MIKULSKI. I want them to more The PRESIDING OFFICER. By unan- 1. Three-fifths of the Senators duly than be quiet. We are talking about a imous consent, the mandatory quorum chosen and sworn having voted in the precedent in the Senate, so I would call will be waived. affirmative, the motion is agreed to. like, please, if Senators could take The question is, Is it the sense of the The PRESIDING OFFICER. The ma- their conversations either in the back Senate that debate on substitute jority leader. or off the floor. amendment No. 3395, offered by the Mr. REID. Mr. President, we have a The PRESIDING OFFICER. Yes. OK. Senator from Nevada, Mr. REID, to H.R. lot more work to do. This will be the If Senators could be quiet and listen, 1, an act making appropriations for the last vote of the day, the one coming up. and if you must talk, could you do it Department of Defense and other de- f off the floor. partments and agencies of the govern- The Senator from Maryland. DEPARTMENT OF DEFENSE Ms. MIKULSKI. Mr. President, the ment for the fiscal year ending Sep- APPROPRIATIONS ACT tember 30, 2011, and for other purposes, reason I am so insistent is, No. 1, the shall be brought to a close? The PRESIDING OFFICER. The decorum of the Senate; and No. 2, this Mr. REID. Mr. President, I ask unan- clerk will report the pending business. is a dangerous precedent. If this point imous consent that this vote and the The legislative clerk read as follows: of order is sustained, it will mean $3.4 next vote be 10 minutes. A bill (H.R. 1) making appropriations for billion of urgent disaster relief in this The PRESIDING OFFICER. Is there the Department of Defense and the other de- supplemental has to be offset in future objection? partments and agencies of the Government appropriations bills. This will mean for the fiscal year ending September 30, 2011, real consequences this year. Without objection, it is so ordered. and for other purposes. The yeas and nays are mandatory Now, in a $1 trillion budget and the Pending: under the rule. way we talk about money $3.4 billion might not seem like a lot, but it does The clerk will call the roll. Reid amendment No. 3395, in the nature of a substitute. mean a lot in disaster assistance, and The assistant legislative clerk called Reid amendment No. 3396 (to amendment it does mean a lot to the Appropria- the roll. No. 3395), to change the enactment date. tions Committee. This is a $3.4 billion Mr. KYL. The following Senators are Reid amendment No. 3397 (to amendment unspecified cut that will go to domes- necessarily absent: the Senator from No. 3396), of a perfecting nature. tic programs for fiscal year 2013. Massachusetts (Mr. BROWN), the Sen- Reid amendment No. 3398 (to the language I wish to remind my colleagues we ator from North Carolina (Mr. BURR), proposed to be stricken by amendment No. are in a 6-month CR now, so this means the Senator from Oklahoma (Mr. 3395), to change the enactment date. Reid amendment No. 3399 (to amendment right in the middle of a CR, until COBURN), the Senator from South Caro- No. 3398), of a perfecting nature. March, we have to take out an addi- lina (Mr. DEMINT), the Senator from Reid motion to commit the bill to the tional $3.4 billion. This will have a ter- Oklahoma (Mr. INHOFE), the Senator Committee on Appropriations, with instruc- rible impact on domestic programs, from Illinois (Mr. KIRK), and the Sen- tions, Reid amendment No. 3400, to change and it is a dangerous precedent. We ator from Kansas (Mr. MORAN). the enactment date. have never offset disaster assistance, The PRESIDING OFFICER. Are there Reid amendment No. 3401 (to (the instruc- and I urge the adoption of my position. any other Senators in the Chamber de- tions) amendment No. 3400), of a perfecting nature. I yield to the Senator from New York siring to vote? Reid amendment No. 3402 (to amendment whose community is suffering, and he The yeas and nays resulted—yeas 91, No. 3401), of a perfecting nature. has done an able job in helping to man- nays 1, as follows: The PRESIDING OFFICER. The Sen- age this bill. [Rollcall Vote No. 230 Leg.] ator from Pennsylvania. Mr. SCHUMER. Mr. President, first, I YEAS—91 Mr. TOOMEY. Mr. President, I rise to wish to thank my colleague from Penn- Akaka Boozman Collins raise a point of order against a very sylvania. He didn’t try to knock out Alexander Boxer Conrad small segment of this bill, and I wish the whole thing and we appreciate Ayotte Brown (OH) Coons Barrasso Cantwell Corker to yield myself some time to discuss that. Having said that, I urge any of Baucus Cardin Cornyn that at this time. my colleagues in disaster areas to Begich Carper Crapo The PRESIDING OFFICER. The Sen- think very carefully before they vote Bennet Casey Durbin ator from Maryland. for this. This will be the first time ever Bingaman Chambliss Enzi Blumenthal Coats Feinstein Ms. MIKULSKI. Mr. President, pur- when a disaster is declared that we Blunt Cochran Franken suant to section 904 of the Congres- have offset money for it. That will

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18127 mean that disaster money will be much storm. That kind of infrastructure [Rollcall Vote No. 231 Leg.] less readily available in the future. The spending is the kind of spending we do YEAS—57 precedent is an awful one. It is some- routinely, but we plan for it and we Akaka Gillibrand Nelson (FL) thing that goes against 100 years of budget it. If it is, indeed, the priority Baucus Hagan Pryor Democrats, Republicans—north, east, that many people—probably, including Begich Harkin Reed Bennet Johnson (SD) Reid south, and west—voting to, when one myself—believe it is, then it ought to Bingaman Kerry Rockefeller area has trouble, send the money, with- be weighed in competition with the Blumenthal Klobuchar Sanders out spending months and months and other pressing needs, and we ought to Blunt Kohl Schumer months fighting about whether to cut Boxer Landrieu Shaheen plan for it and budget for it. That is all Brown (OH) Lautenberg Shelby this or cut that or raise these taxes or I am asking. Cantwell Leahy Snowe do this or that to offset. So this budget point of order does not Cardin Levin Stabenow I would say we had this fight when cut one dime of spending from this bill. Carper Lieberman Tester Irene came about, and 19 of our col- Casey Manchin Udall (CO) It simply says the $3.4 billion that is Cochran McCaskill Udall (NM) leagues came to the wisdom that it was identified for the construction of fu- Conrad Menendez Vitter a bad idea to offset it, and we didn’t. ture mitigation projects would count Coons Merkley Warner So I urge and plead with my col- toward the discretionary spending caps Durbin Mikulski Webb leagues, on this quick notice to reverse Feinstein Murray Whitehouse we have in place. Unfortunately, our Franken Nelson (NE) Wyden 100 years of decisionmaking and start deficit would grow if all else stays the NAYS—34 invoking offsets for disaster, which same, but at least not by that $3.4 bil- this is—it is mitigation. We have al- Alexander Grassley Murkowski lion. That part would eventually have Ayotte Hatch Paul ways done mitigation. It means that to be offset with some modest restraint instead of rebuilding in the floodplain, Barrasso Heller Portman on discretionary spending at some Boozman Hoeven Risch we build in a different place nearby. It point. Chambliss Hutchison Roberts means instead of putting all of these Coats Isakson But I would stress that there is not a Rubio machines that are flooded in the base- Collins Johanns Sessions dime that will be cut from this bill by Corker Johnson (WI) Thune ment, we put them on the third floor. Cornyn Kyl virtue of this point of order, and it Toomey It means if there is a beach that is not Crapo Lugar would establish that going forward, Wicker protected, we build a berm. That is Enzi McCain hopefully, when we are doing long-term Graham McConnell mitigation. It is all related to pro- tecting from a disaster and not making construction projects for future miti- NOT VOTING—8 gation, we would consider them in the the same mistake of building in a Brown (MA) DeMint Lee floodplain or not protecting in a sub- context of the infrastructure spending Burr Inhofe Moran way or whatever. that they are. Coburn Kirk We have always done it. We have So for that reason, Mr. President, The PRESIDING OFFICER. On this never offset mitigation, and it has been pursuant to section 314(e)(1) of the Con- vote, the yeas are 57, the nays are 34. in every disaster relief. So I plead with gressional Budget Act of 1974, I raise a Three-fifths of the Senators duly cho- my colleagues to think twice. point of order against the emergency sen and sworn not having voted in the I yield the floor. designation in the appropriation for affirmative, the motion is rejected. The PRESIDING OFFICER. The Sen- the Army Corps of Engineers, ‘‘Con- The point of order is sustained. The ator from Pennsylvania. struction,’’ contained in title 4 of the emergency designation is removed. Mr. TOOMEY. Mr. President, I have a substitute amendment. And I yield the VOTE EXPLANATION different plea for my colleagues; that remainder of my time. ∑ Mr. BROWN of Massachusetts. On is, to sustain this budget point of The PRESIDING OFFICER. The Sen- Thursday, December 20, 2012, my fa- order, acknowledging that it does not ator from Maryland. ther, Claude Bruce Brown, passed cut one dime of spending from this sup- Ms. MIKULSKI. Mr. President, pur- plemental. If my budget point of order away. Growing up, my relationship suant to section 904 of the Congres- with my Dad was a complicated one. As is sustained, every single dime, if it sional Budget Act of 1974, I move to were eventually passed—every dime we both matured, our relationship, re- waive the applicable section of that spect and love for each other also ma- that is allocated for future mitigation act, and I ask for the yeas and nays. would, in fact, be spent for future miti- tured. He was a good man with a big The PRESIDING OFFICER. Without heart. Our family—my wife Gail, and gation. objection, it is so ordered. The question before us is, when we my daughters Ayla and Arianna—are Is there a sufficient second? thankful to his wife, Peggy, her family are running trillion-dollar deficits, There is a sufficient second. must we add another $60 billion on top and for their unwavering love for him The question is on agreeing to the of that deficit? during his difficult final days. I will motion to waive. So what I have done is I have looked miss my father’s guidance and his at this bill, and there are many parts The yeas and nays have been ordered. sense of humor. that are not directly in aid of any of The clerk will call the roll. As a result of my father’s passing, I the victims of Sandy. The assistant legislative clerk called am departing Washington so that we Look, my State was hit by that the roll. can be together and mourn together as storm, not nearly as bad as New York Mr. KYL. The following Senators are a family. Unfortunately, that means and New Jersey and Connecticut and necessarily absent: the Senator from that on Friday, December 21, 2012, I am some others. But there are real victims Massachusetts (Mr. BROWN), the Sen- not present in Senate for three rollcall of this storm, there are genuine needs, ator from North Carolina (Mr. BURR), votes. In my nearly 3 years of service and we need to fund those needs. I am the Senator from Oklahoma (Mr. in the Senate, I have only missed one in favor of making sure we do fund the COBURN), the Senator from South Caro- vote, and I want to be clear about how needs that we have. But we have a cat- lina (Mr. DEMINT), the Senator from I would have voted on the measures egory of spending that is going for con- Oklahoma (Mr. INHOFE), the Senator that are before the Senate today. struction for years to come to mitigate from Illinois (Mr. KIRK), the Senator I strongly support the Conference Re- against dangers of future storms in fu- from Utah (Mr. LEE), and the Senator port to accompany H.R. 4310, the De- ture years and future decades. That from Kansas (Mr. MORAN). partment of Defense Authorization bill, might be very wise, that might be very The PRESIDING OFFICER (Mr. and I would have voted aye in favor of appropriate spending, but it is not an TESTER). Are there any other Senators its passage. Providing the necessary re- emergency. in the Chamber desiring to vote? sources to our men and women in uni- This is not sandbags around some- The yeas and nays resulted—yeas 57, form is critical, and as a member of the one’s house who is in danger of a nays 34, as follows: Senate Armed Services Committee, I

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18128 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 applaud the authors of this legislation Inouye and all that he meant to Amer- matter who is in charge. They do a for their work on this measure. It con- ica, and God bless the staff, who has great job. You are our English civil tains many provisions that I believe helped him be one of the greatest Sen- service, which is a very high com- are important to both the Common- ators in American history. pliment. wealth of Massachusetts and the secu- The PRESIDING OFFICER. The Sen- Mr. President, I yield the floor, and I rity of our Nation. ator from Texas. suggest the absence of a quorum. Additionally, I would have supported Mrs. HUTCHISON. Would the Sen- The PRESIDING OFFICER. The the motion to invoke cloture on the ator yield? clerk will call the roll. Reid substitute amendment No. 3395 to Ms. MIKULSKI. Yes. The legislative clerk proceeded to H.R. 1, the vehicle for the Hurricane Mrs. HUTCHISON. Mr. President, I call the roll. Sandy emergency supplemental appro- want to say that we all will miss Sen- Mr. SESSIONS. Mr. President, I ask priations bill. Hurricane Sandy had a ator Inouye. He was one of the most unanimous consent that the order for major impact on the Commonwealth of loved people who have ever served in the quorum call be rescinded. Massachusetts and had a terrible toll this Senate. But I also want to say that The ACTING PRESIDENT pro tem- on New York and New Jersey espe- we have passed on now and will take pore. Without objection, it is so or- cially. the bill in its entirety later. But be- dered. Finally, on the motion to waive the cause of the leadership of Senator MI- The Chair will announce that fol- Budget Act point of order on a small KULSKI and many others working to- lowing the invoking of cloture on Sen- portion of that disaster response bill gether, we now have a start on the sup- ate amendment No. 3395, the motion to that did not pertain to responding to plemental appropriation. commit fell, being inconsistent with the impacts of Hurricane Sandy, I We have worked in the Senate to- cloture. would have voted no. I believe that gether to accommodate the concerns of The Senator from Alabama. funding for infrastructure improve- many on our side about that bill. We TRIBUTE TO NAVY COMMANDER JEFFREY A. ments to mitigate the impacts of fu- have now had a say. I think there will BENNETT II ture storms is critical, but should be be overwhelming support now for going Mr. SESSIONS. Mr. President, I rise fully offset in the future. This is con- forward. I think that is due to the abil- today to honor Navy CDR Jeffrey A. sistent with all of the new spending ef- ity of Senator MIKULSKI to step to the Bennett II. Commander Bennett served forts that are considered under the bi- plate and become the first woman as a military fellow in my office since partisan budget controls currently in chairman of the Appropriations Com- December of last year. He brought to place.∑ mittee in the history of the Senate. public service the same passion and The PRESIDING OFFICER. She has already shown the leadership honor he brought to military service. The Senator from Maryland. that will continue in her tenure as Commander Bennett is a 1992 US Ms. MIKULSKI. Mr. President, I chairman. I have worked with her as Naval Academy graduate who was know the hour is late and there are the ranking member of the sub- nominated for the academy by the Members who want to go home. We committee this last year on appropria- chairman of the Armed Services Com- have been through an emotional roller tions. She has been chair, and I have mittee, CARL LEVIN, several years ago. coaster here in the Senate, as has the been the ranking member. I will say He came to my office after a tour Nation. One week ago we saw this ter- that every time we have had a dis- serving as captain of the USS rible, horrific shooting in Connecticut. agreement, it has been worked out, and Stockdale, an Arleigh Burke class guided While the Nation mourned what hap- we have passed our bills, our legisla- missile destroyer. I know he was an ex- pened there, we mourn here in the Sen- tion. That is what is going to happen cellent captain, indeed, I have person- ate because of the passing of Senator next year as she becomes the chairman ally observed Commander Bennett’s Inouye. Yet the work of Senator of Appropriations. I think it is a good abilities. I am very impressed. He has a Inouye went on through the urgent day for the Senate. good strategic grasp of America’s chal- supplemental. Ms. MIKULSKI. Mr. President, I sug- lenges, while also mastering the details I would like to thank the Senator gest the absence of a quorum. necessary to fully grasp military budg- from New York for helping with the The PRESIDING OFFICER. The et and financial issues, among other management of this bill, as well as the clerk will call the roll. matters that we deal with. Senator from Vermont and Senator The legislative clerk proceeded to His command of defense authoriza- LANDRIEU, the chair of the Homeland call the roll. tion and appropriations legislation Security Subcommittee, who have all Mr. SCHUMER. Mr. President, I ask from both the House of Representatives done good work. unanimous consent that the order for and the Senate has been exceptional. DAN INOUYE the quorum call be rescinded. He consistently puts in late nights and We Senators know we are only as The PRESIDING OFFICER. Without long weekends studying the details of good as our staff. As the Inouye era objection, it is so ordered. legislation affecting programs that are goes through its transition, I would Mr. SCHUMER. Mr. President, first, I vital to our national defense and the like to thank the Inouye staff first of would like to congratulate Senator MI- State of Alabama. all for everything they have done on KULSKI on a fine first day on the floor More importantly, Jeff possesses ex- this bill. I thank the Inouye staff for as chair of Appropriations. We are all cellent judgment. I have valued his all they did in staffing for truly one of excited about it on both sides of the judgment and insight on global issues the great icons in the Senate. Now, do aisle and expect great things of that as well as the more rigorous and de- not think the Inouye staff is going to committee next year. Perhaps there tailed issues that come up in the Sen- go away under BARBARA MIKULSKI. I will be a change—we will get appro- ate. I can say without hesitation, he want to publicly thank them on behalf priations bills done, get them on the has fulfilled the high reputation that of all of the Senate that they held their floor, and move them under her leader- the Navy Fellowship Program has own emotions in control so we could ship. earned in every way. He has been a tre- move forward with the Senate busi- I also want to thank Senator LAN- mendous resource to my office. He is a ness. That is what professional staff is. DRIEU, who is not here, who really man of integrity, who puts his country They are the highest and the best of helped out as well, as well as Senator first. He is committed to serving Amer- the best. I think the Senate owes them MURRAY and Senator FEINSTEIN. I ica in whatever role he is given. All the a debt of gratitude. I will lean on them thank them very much. while, he carries out his duties with ex- to be back here on Thursday to move I also thank the staff, which really is ceptional grace, collegiality, and posi- this bill in regular order. professional. In England, they are a tive spirit. I am exceedingly impressed I want to just end today’s pro- civil service. It is the highest calling, with Jeff, both as a person, an officer, ceedings by saying God bless Senator it is professional, and it works hard no and a staff member.

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18129 His time in my office has gone too The bill has a number of valuable lic debate on foreign policy and na- quickly. We will miss the force of his provisions in it, and I thank Chair- tional security topics, American voters fine mind, his hard work, and his posi- woman FEINSTEIN and Vice Chairman are ill-equipped to elect the policy- tive approach to all challenges. The CHAMBLISS for making the changes in makers who make important decisions Navy most surely has an unusually tal- the bill to address my concerns. in these areas. ented and valuable officer in Com- The changes Senators FEINSTEIN and Congress too would be much less ef- mander Bennett. CHAMBLISS have made would remove a fective in its oversight if Members did Commander Bennett has served my number of provisions that were in- not have access to informed press ac- office with honor and distinction, truly tended to reduce unauthorized disclo- counts on foreign policy and national personifying the qualities of a U.S. sures of classified information, of security topics. And while many Mem- naval officer. course, known as leaks. bers of Congress do not like to admit I would be remiss if I did not thank I objected to these provisions be- it, Members often rely on the press to his wonderful wife Heather and his cause, in my view, they would have inform them about problems that con- children Grace and Jay. As is the case harmed first amendment rights, led to gressional overseers have not discov- with all our military families, we know less informed public debate about na- ered on their own. I have been on the that Commander Bennett’s service is tional security issues, and undermined Senate Intelligence Committee for 12 one supported and shared by the whole the due process rights of intelligence years now, and I can recall numerous family. He is, indeed, a great family agency employees, without actually specific instances where I found out man. enhancing national security. about serious government wrong- I look forward to following his bright I am going to take a few minutes to doing—such as the NSA’s warrantless career and continuing service to God explain my views on this so that those wiretapping program or the CIA’s coer- and country. who are not on the Intelligence Com- cive interrogation program—only as a I yield the floor. mittee and who have not heard this The ACTING PRESIDENT pro tem- result of disclosures by the press. issue addressed before will understand With all of this in mind, I was par- pore. The majority leader. what the debate was about and what I ticularly concerned about sections 505 UNANIMOUS-CONSENT AGREEMENT—H.R. 5949 believe has been accomplished. and 506 of this bill because both of Mr. REID. Mr. President, I ask unan- I certainly agree with Senators that them would have limited the flow of imous consent that notwithstanding unauthorized disclosure of national se- unclassified information to the press cloture having been invoked, at a time curity information, known as leaks, is and to the public. Section 505, as to be determined by the majority lead- a serious problem. Unauthorized disclo- passed by the Intelligence Committee, er, after consultation with the Repub- sure of sensitive information can jeop- lican leader, the Senate proceed to the would have prohibited any government ardize legitimate military and intel- consideration of Calendar No. 510, H.R. employee with a top secret, compart- ligence operations, and even put lives 5949; that the only first-degree amend- mented security clearance from ‘‘en- at risk. So I do believe it is appropriate ments in order to the bill be the fol- tering into any contract or other bind- for Congress to look for ways to help ing agreement’’ with ‘‘the media’’ to lowing: LEAHY, MERKLEY, PAUL, the executive branch protect informa- provide ‘‘analysis or commentary’’ con- WYDEN; that there be 30 minutes of de- tion that intelligence agencies want to bate equally divided between the pro- cerning intelligence activities for a full keep secret, as long as Congress is ponents and opponents on each amend- year after that employee left the gov- careful not to do more harm than good. ment; that there be up to 5 hours of de- ernment. Personally, I have spent more than 4 That provision would clearly have led bate on the bill equally divided be- years working on the legislation to in- to less-informed public debate on na- tween the proponents and opponents; crease the criminal penalty for those tional security issues. News organiza- that upon the use or yielding back of who are convicted of deliberately ex- tions often rely on former government time, the Senate proceed to vote in re- posing covert agents, and I was pleased officials to help explain complex sto- lation to the amendments in the order that, with the help of Senators on both ries or events, and I think it entirely listed; that there be no amendments in sides of the aisle, that legislation was appropriate for former officials to help order to any of the amendments prior finally signed into law in 2010. So I am educate the public in this fashion. to the votes; that upon disposition of all for the Congress recognizing that I am also concerned that prohibiting the amendments, the bill be read a leaks are a serious problem and for individuals from providing com- third time and the Senate proceed to doing things to show the men and mentary could be an unconstitutional vote on passage of the bill, as amended, women of the U.S. intelligence commu- encroachment on free speech. For ex- if amended. nity that the seriousness of this issue ample, if a retired CIA Director wishes The ACTING PRESIDENT pro tem- is recognized in this body. to publish an op-ed commenting on a pore. Is there objection? It is important for Congress to re- public policy debate, I see no reason to Mr. MCCONNELL. I object. The ACTING PRESIDENT pro tem- member, however, that not everything ban that person from doing so even if pore. Objection is heard. that is done in the name of stopping they have been retired less than a year. Mr. REID. Mr. President, I ask unan- leaks is necessarily wise policy. In par- This provision also would have said imous consent that the request be ticular, I think Congress ought to be that retired officials who comment in modified—I reluctantly do this—to set extremely skeptical of any antileak the media would not be able to serve on a 60-affirmative-vote threshold on each legislation that threatens to encroach advisory boards for the intelligence of the amendments and passage of the on the freedom of the press or that re- community, which I believe would have bill. duces access to information that the deprived the community of valuable The ACTING PRESIDENT pro tem- public has a right to know. knowledge and advice. pore. Is there objection? A number of Senators may be aware Section 506 would also have led to a Without objection, it is so ordered. that my father was a journalist who re- less informed debate on national secu- The Senator from Oregon. ported on national security issues. rity issues by prohibiting nearly all in- INTELLIGENCE AUTHORIZATION Among other books, he wrote what has telligence agency employees from pro- Mr. WYDEN. Mr. President, both been called the definitive account of viding briefings to the press, unless sides are working to pass the intel- the Bay of Pigs invasion, as well as an those employees gave their names and ligence authorization bill for 2013. authoritative account of how the provided the briefings on the record. I voted against this legislation when United States came to build and use It seems to me that authorized un- it was marked up in committee. I ob- the first atomic bomb. Accounts such classified background briefings from jected to it here on the floor last as these are vital to the public’s under- intelligence agency analysts and ex- month. But I am able to support it at standing of national security issues. perts are a useful way to help inform this time. Without transparent and informed pub- the press and the public about a wide

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18130 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 variety of issues, and there will often impact on leaks, and might in fact the last hour or so. He called on Con- be good reasons to withhold the full have an adverse impact on the free flow gress to act to avoid the fiscal cliff. names of the experts giving those brief- of information to the American peo- We know last night the House was ings. I have seen no evidence that mak- ple.’’ unable to bring forward a bill that ing it harder for the intelligence agen- In summary, I am grateful to the would deal with the fiscal cliff. Pre- cies to provide these briefings will ben- chair of the Intelligence Committee, viously, they passed a bill that would efit national security in any way. So I Senator FEINSTEIN, and vice chairman, have solved that problem and put us on see no reason to limit the flow of infor- Senator CHAMBLISS, for responding to the right path, but they did not pass mation in this manner. the concerns that I have outlined by another bill last night. The third provision I thought was removing nearly all of the antileak The Senate has not acted. There has troubling was section 511, which would provisions from this legislation. The been a lot of criticism of the House, have required the Director of National provision that remains would require that the House failed to pass legisla- Intelligence to establish an adminis- the executive branch to notify the Con- tion last night. However, the Senate trative process under which he or she gress when they classify information to has passed no legislation. and the heads of the various intel- disclose it to the press. The President made a little speech ligence agencies would have had the I believe this provision will lead to this afternoon, and I take it as a seri- authority to take away pension rights more informed public debate by mak- ous statement. But previously he made from an intelligence agency employee ing it clear to Members of Congress a speech on his budget plan. It sounded or a former employee. That could be whether particular press reports are good. It had a lot of things in it that done if the DNI or the agency head de- based on authorized but unattributed sounded good. I believe Congressman termined that the employee knowingly disclosures that we can respond to as RYAN, the budget chairman in the violated his or her nondisclosure agree- we see fit, and unauthorized leaks that House, sent it to the Congressional ment and disclosed classified informa- would not be responsible for us to con- Budget Office and asked that they tion. firm or deny. So I believe that par- score it. A score means they analyze I have been concerned that the Direc- ticular provision is useful, and I com- how much taxes are going to be tor of National Intelligence himself mend the chair and vice chairman for raised—exactly how much—how much said this provision would not be a sig- including it. spending is going to be increased or re- In summary, I think we all under- nificant deterrence to leaks, and that duced, and then they lay out an anal- stand that in these important intel- it would neither help protect national ysis, called a score, of what that pro- ligence debates—and I remember when sensitive security information nor posal actually will do. That is how we the Presiding Officer was on the com- make it easier to identify and publish are supposed to consider budgets here. mittee and doing good work—we al- actual leakers. So they sent the President’s previous ways understood that it came down to Beyond these concerns about the pro- speech over to the Congressional Budg- striking a balance. There is something vision’s effectiveness, I have also been et Office. The Congressional Budget Of- of a constitutional teeter-totter where concerned that giving intelligence fice said: You cannot score a speech. on one side we have protecting collec- agency heads broad new authority to Sorry. Well, you cannot score a speech. tive security, and on the other said we take away the pensions of individuals We are about to come back in next have the public’s right to know and the who have not been formerly convicted week. Maybe they will try to finish individual liberties of the American of any wrongdoing could pose serious Thursday, maybe go into Friday. But people. we do not need to have a serious mat- problems for the due process rights of As written, as reported by the com- ter involving more than $1 trillion of intelligence professionals, particularly mittee, I believe that legislation would when the agency heads themselves have seriously put out of balance the the U.S. taxpayer’s money dropped on have not told Congress how they would constitutional ‘‘teeter.’’ I think it the Senate next Thursday without us interpret and implement the authority. would have harmed legitimate first being able to read it and analyze it and As many of my colleagues will guess, amendment rights. I think it would having it scored. We can’t be expected I was especially concerned about the have done damage to the public’s right to rubberstamp it like the old Soviet rights of whistleblowers who report to know. I believe it would have dis- Politburo, the Duma, where leaders waste, fraud, and abuse to the Congress couraged the ability to ensure that we would put out the word to the members or the inspector general. I have out- had a thorough and adequate discus- they would all vote just like that, 445 lined these due process concerns in sion of issues that are so important for to 5 or something like that. And they more detail in the committee report the American people, as the American called themselves a democracy. that accompanies this bill. people look to the Congress of the We do not need that in the Senate. I would just note for a moment that United States, and particularly this We, each Senator, represent individual I was particularly concerned that sec- body, to strike the appropriate bal- Americans, millions of them. They ex- tion 511 would have created a special ance, the right balance, between pro- pect us to know what we are voting on. avenue of punishment that only ap- tecting our country at a time when Secret meetings and secret talks be- plied to accused leakers who worked there are serious threats and, on the tween just the Speaker and the Presi- for an intelligence agency at some other hand, protecting our individual dent is not a good process. I do not point in their career. There are lit- liberties and protecting the public’s know what is going on in these talks. I erally thousands of employees at the right to know. am the ranking member of the Budget Department of Defense, State, and Jus- With the changes the Chair, Senator Committee. I am just one Member of tice, as well as the White House, who FEINSTEIN, and the vice chair have ac- Congress who has a role in this process. have access to sensitive national secu- cepted, I believe this legislation now Many others have a lot bigger role rity information. I do not see a clear strikes the right balance. With both than I have, but none of us know what justification for singling out intel- sides working on an agreement to im- is going on in these secret meetings. ligence community employees when prove the intelligence authorization But each Senator has an equal vote. there is no apparent evidence these em- bill for 2013 by unanimous consent, it is Each Senator has an equal responsi- ployees are responsible for a dispropor- my hope that legislation will be ap- bility to represent their constituents. tionate number of leaks. proved by unanimous consent shortly. So I am uneasy about this process. For what it is worth, Robert Litt, the I yield the floor. So I will just say this: Nobody should general counsel for the Director of Na- The PRESIDING OFFICER. The Sen- criticize the House of Representatives tional Intelligence told the American ator from Alabama. for not producing legislation last night Bar Association last month that in his THE FISCAL CLIFF until they have passed their own pro- view these proposals, ‘‘really would not Mr. SESSIONS. Mr. President, Presi- posal. The Senate has had just as much have any deterrent impact or punitive dent Obama made a statement within time as the House to lay out a plan.

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18131 Months ago the House laid out a 10- said: My plan cuts spending. But he has The PRESIDING OFFICER. The ma- year budget plan that would put Amer- failed to note and acknowledge that jority leader. ica on a sound financial course. the plan, as reportedly laid out by Sec- AMENDMENTS NOS. 3396 AND 3398 WITHDRAWN Everybody can have different views retary of Treasury Geithner in closed Mr. REID. Mr. President, I ask unan- on it, but it is a comprehensive plan meetings, had far more spending in- imous consent that the following that would start reducing our deficits creases than spending cuts. So the amendments be withdrawn: Nos. 3396 and put us on a good long-term course. President’s proposal as laid out by Sec- and 3398. It has been complimented by people on retary Geithner, on net, increases The PRESIDING OFFICER. Without both sides of the aisle. Meanwhile, the spending. It increases spending, it does objection, it is so ordered. Senate has produced nothing. We have not reduce spending. gone 3 years without a budget. We have It has some reductions of spending in f not had a serious and broad debate it, but spending increases overwhelm MORNING BUSINESS about the financial challenges of Amer- the spending reductions. So it is not Mr. REID. Mr. President, I ask unan- ica. Senator CONRAD had a number of right, is it, for the President of the imous consent that the Senate proceed very important hearings with wit- United States to say: I have a plan to to a period of morning business, with nesses 2 years ago in the Budget Com- cut spending. He has been meeting in Senators allowed to speak for up to 10 mittee. We talked about the issues. No secret with BOEHNER, so we have to minutes each. bill was brought forth in committee base this on reports, but this is what it The PRESIDING OFFICER. Without that was actually marked up. That was appears to do. objection, it is so ordered. a decision made by the Democratic I believe Senator REID would serve leadership. They decided not to bring the President well if he called him up f and said: Let’s get that fiscal cliff pro- forth a budget. It was calculated. They THE ‘‘DAIRY CLIFF’’ never brought one forward despite the posal over here and have your team fact the law requires one. The United meet with my staff, and we will publish Mr. LEAHY. Mr. President, I have States Code requires a budget be it on Saturday. Congress can begin to spent time on the Senate floor this brought up by April 1. They decided look at it, and maybe we can beat this week talking about the emergency sup- not to do so and would take the criti- January 1 deadline and not go over the plemental appropriations bill to ad- cism from people like me. They took cliff. That would be my suggestion as dress Hurricane Sandy. But today I re- their lumps and never brought a budget to how we should proceed, and every mind the Congress of another impend- forward. Senator should have as much time as ing disaster. Unlike Sandy, but exactly Now for 3 years, they never produced possible to study it. It should be made like the fiscal cliff crisis, this is a man- a concurrent budget, but they have had available to the House because they made disaster that can and must be would ultimately also be called on to great fun attacking Congressman RYAN averted by December 31. Unfortu- in the House, who passed a budget, a vote on it. Everyone should see it as nately, this calamity has been artifi- comprehensive, historic budget that soon as possible. That is the way gov- cially created and forced upon us by would change the debt course of Amer- ernment should be run. forces of stalemate and obstruction in I have written an op-ed, printed in ica—never having produced anything. the House of Representatives. This dis- the Wall Street Journal and elsewhere, But we have had a number of speeches, aster involves the Farm Bill and what that says America would really be bet- a lot of speeches, a lot of outlines, a lot happens on the first of January if the ter off had we used the legitimate com- of proposals and schemes and plans, House continues to hold the Senate- mittee process of the Senate to address passed Farm Bill hostage. difficult to score, and never finally this problem. The President can advo- reaching fruition so that they could ac- The American people have heard cate for his views, the Republicans can again and again about the fiscal cliff. tually be considered by this body. advocate for their views, and the So I guess what I would conclude Today, once again, I am talking about Democratic Senators can advocate for with is to say I am glad the President the ‘‘dairy cliff’’ that awaits us if the their views. We would actually have discussed the budget problem in a little House continues to block action on the votes, and some of them would be Farm Bill. A full six months have speech this afternoon. He has an entire tough votes, but we can begin to see Treasury Department. He has a Direc- passed since the Senate approved a where we stand, where the votes are. strong Farm Bill with bipartisan sup- tor at the Office and Management and If somebody wants to raise taxes and port. We came together in the Senate Budget overseeing hundreds of budget it gets voted down and somebody wants and passed a 5-year Farm Bill that con- experts. They have more than enough to cut taxes and it gets voted down— capability to produce detailed financial those votes happen over a period of tains some of the most significant re- plans and make these plans public. He time, and the numbers are all out there forms in agricultural policy in a gen- could make his detailed plan public for everyone to see. At that point, it is eration, while providing $23 billion in today. Presumably, he would not have much easier to tell your constituents: I real deficit reduction. made a speech today if someone in the have truly fought for the things I be- After we passed the Senate Farm OMB or the White House or the Treas- lieve. Bill, the House Agriculture Committee ury Department had not approved the Now, I think it is best for America held a markup of their bill in July and outline of his plan. At the very least, that we reach a compromise. That passed a bipartisan bill out of Com- that outline ought to be placed in print would be better than this process by mittee. Regrettably, that is where for everyone to see. which the whole Senate sits while the their work ended. The leadership in the Senator REID should bring it up on Speaker of the House and the President House has refused to even bring their the floor. It should be sent to the Con- of the United States meet to develop a bill to the floor for debate, something gressional Budget Office to be scored. plan that we are presumably expected that has not happened in the past 50 It should be analyzed. They should do to, like the old Communist Duma, rat- years. that long before the Senate meets next ify at the eleventh hour without time Inaction by the House caused the Thursday. It should have been done a to actually study it, with no real input. Farm Bill to expire on September 30, month ago. That is how this government, this Sen- terminating authorizations for a long I do find it odd—think about this— ate, was meant to work. list of important programs that benefit that the President has not laid out a Mr. President, I yield the floor, and I farmers, rural communities, con- plan since the election over a month suggest the absence of a quorum. sumers, and the 16 million Americans ago. He won the election. He said cer- The PRESIDING OFFICER (Mr. whose jobs depend on agriculture. tain things he wants to see in a plan, WYDEN). The clerk will call the roll. Chairwoman STABENOW was on the higher taxes and more spending. In- The legislative clerk proceeded to floor earlier this week to point out the deed, he had some spending cuts. He call the roll. fact that is has been 80 days since the

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.000 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18132 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 Farm Bill expired. That is 80 days that cause for the vulnerable millions Also at stake are eight important en- our farm families and small businesses worldwide who rely on dairy products ergy programs that have expired and have been waiting and holding their for their basic nutrition. That, in sum- programs to support America’s organic breath. This is artificially generating mary, is what the dairy cliff is all farmers, specialty crop producers and untold uncertainty that is costing about. beginning farmers. Close to my heart farmers, consumers and our entire Every 5 years for the last 60 years, as well are the vital international food economy in very real and highly unpre- Congress has passed a Farm Bill. Never assistance programs that serve as a dictable ways. This not only is unprec- before has the Farm Bill expired like core component of U.S. efforts to fight edented, it is legislative malpractice. this. And now on January 1 we will im- global hunger. These have expired as It threatens great harm to the Nation plement market-distorting dairy policy well. and the American people. And it is so old that 49 current members of the In all, there are 37 programs that wrong. Yet the Nation, including Senate—including the Chairwoman of have expired, for absolutely no reason. Vermont dairy farmers, incredibly the Senate Agriculture Committee— Inaction on the Farm Bill by the House enough are now on the verge of plung- were not even born when it was signed of Representatives is the perfect exam- ing over the dairy cliff. into law by then-President Harry Tru- ple of gridlock in Washington that so By failing to even consider a Farm man. frustrates the American people. It Market chaos will erupt if we do not Bill, the House leadership has driven us threatens our economy. It threatens divert from this disastrous, reckless, straight to the edge of this dairy cliff farmers. It harms the most vulnerable needless, man-made path. Chaos, from and now is refusing to turn the wheel among us. And it is entirely pointless the fact that farmers will be pressed to or put a foot on the brake. This is a and avoidable. increase production at this inflated pointless and dangerous game of chick- For all their talk of cutting Federal price, and chaos as we see an influx of en, dragging all Americans along for spending and reducing the cost of enti- imported dairy products as processors the ride. tlements, House leaders and the ob- On January 1—a mere 11 days from in other countries would divert prod- ucts to the U.S. It is a rollercoaster of structive caucus to which they are ca- now—the final shoe will drop when the tering, by blocking the Farm Bill are U.S. Department of Agriculture will be milk prices that, in the end, will ben- efit no one and hurt everyone. It is the poised—by themselves—to increase the required to implement what is known Federal deficit by at least $12 billion to as ‘‘permanent law’’ for our Nation’s kind of rollercoaster of dairy prices that the reforms we included in the $15 billion in 2013 alone. Let me say dairy industry. The Secretary of Agri- that again: these obstructionists in the culture and his staff have been—quite Farm Bill are designed to address. As milk floods the market, the USDA will House are threatening to drive up the literally—dusting off old paper files deficit by $12 billion to $15 billion. and mimeographed notes from the 1940s have to buy even more milk to keep up. Economists at the USDA say that im- While stalling and delaying work on and 50s to review the Agricultural Act plementation of permanent law for the Farm Bill, saying they want fur- of 1949. Without a new Farm Bill, on dairy would cost at least $12 billion to ther, draconian cuts in food assistance January 1 the Nation will be forced to $15 billion per year. That does not in- for the families across this land who revert to the parity pricing that was clude the cost of storing these dairy are struggling the most, House leaders part of that long-ago law that was products. The USDA may not have are about to drive us over this dairy passed a few short years after the end enough storage space, and once USDA cliff and exponentially increase govern- of World War II. fills every warehouse at its storage fa- ment spending, hit consumers hard, The House’s inaction on its own cility in Kansas City, it will have to and destroy the fragile economic gains version of the Farm Bill, and its ob- bring the rest to Washington and fill we have made. This is not what the struction of the Senate bill—a Senate every closet at the Department of Agri- American people and our farmers de- bill that saves taxpayers $23 billion— culture’s sprawling South Building serve. Let’s do what is right and pass will force the Secretary of Agriculture with cheddar cheese and powdered the Senate Farm Bill into law—with- to implement a law from the middle of milk. out further delay and without the po- the last century. This archaic law will The effects of these purchases will re- litical posturing. force the Federal Government to spend verberate throughout the economy, billions of dollars to buy and store and time is running out. The cascade of f dairy products to help raise the price of damage will be felt by our farmers, our fluid milk for dairy farmers. The Sec- food processors, our grocery stores, and TRIBUTE TO MARGE VAN HOOVE retary will have to keep spending until by American consumers and taxpayers. he is able to raise the price of fluid It will also be felt by the 16 million Mr. REID. Mr. President, I rise to milk by 60 or 70 percent. This is point- Americans with jobs in agriculture. All recognize with great appreciation one less and wasteful Federal spending. at a time when they can least afford it. of my longest-serving and loyal staff- And it is even worse than that. Taking Farmers in Vermont are very con- ers, Marge Van Hoove. It is hard to those products off the market will cerned that we are headed over this imagine that this day would come, but drive up consumer prices—prices that dairy cliff, and inaction on the Farm she has earned a restful retirement struggling families must pay, from Bill has left the Nation’s dairy farmers from public service. coast to coast, just to put food on the with no safety net, since the Milk In- In January 1987, I had just been elect- table—as early as next month. And come Loss Contract Program expired ed to serve my first term in the U.S. that’s not the end of this needless on September 30. Senate, when Marge asked to work waste. The Department of Agriculture The House of Representatives is not with me. Even before this meeting, she then will have to pay still more tax- giving our farmers, and especially our had been involved in my prior cam- payers’ dollars to store all of these dairy farmers, a fair deal. We have been paigns. Marge’s 25 years of service in dairy products. sent here to do a job, and it is not ask- my Las Vegas office unlocks many So rather than pass the Senate Farm ing too much that Congress pass a five wonderful memories. Bill that saves $23 billion, the House is year Farm Bill, and on time. We heard Marge has always been the first to choosing to put the Secretary of Agri- Senator STABENOW speaking earlier arrive and last to leave. She never culture on a path to having to spend this week about the agricultural dis- missed a deadline and was always billions of dollars on dairy products, aster programs that have expired, in a ready with her quick wit. One night, I paying to store those products, and year when we have experienced record phoned the office and asked her why driving the price of milk through the droughts, terrible freezes, and then his- she was there so late. She responded, ceiling for consumers. This is not even toric damage to farms as Hurricane ‘‘Because you are calling me so late.’’ to mention the effects this could have Sandy stormed through the Garden Her unyielding dedication to give each on world prices and the harm it will State. task her best is exemplary.

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As the manager of the front desk and Italy, including his heroic battle in the Lieberman Amendment to the Na- and scheduling, she saw the process Tuscany which earned him our highest tional Defense Authorization Act for evolve from a pen and paper operation military honor, helped fight the spread Fiscal Year 1997, directing the Depart- to the modern electronic process that of evil and hate and religious persecu- ment of Defense to conduct a Quadren- exists today. She also made sure the of- tion. In Congress, Danny kept a con- nial Defense Review. This review has fice maintained the highest level of in- stant vigil in the service of the people become an integral part of our nation’s tegrity and ethical standards. She of Hawaii, making sure our 50th State defense planning, encouraging the Pen- would joke, ‘‘I’m not going to the Fed- was as well represented as any of the tagon, Congress and all who contribute eral prison in Lompoc for anybody.’’ original 13. to defense strategy to confront tough Despite Marge’s many responsibil- As we have gathered to honor him questions about strategy, capabilities ities, she never forgot a single assign- over the past 2 days here in Wash- and resources. ment. No matter what task was as- ington and will continue to gather over Over several years as chairman or signed to her, she would see it through this weekend in Hawaii, to thank him, ranking member of the Airland Sub- to its successful completion. Marge and to say a final farewell, we will be committee, Senator LIEBERMAN has never had a sick day until her recent a Congress united. Not conservatives or played an influential role in oversight health battles. And even during that liberals, Democrats or Republicans, 99 of important modernization programs. difficult time, she worked from home percent or 1 percent. We stand together His constant attention and leadership and always staying abreast of all office just as Danny saw us all: as Americans. has helped the Army push through the business. Danny was a friend. Quick with a challenges of acquiring and fielding the Marge has a wonderful, engaging word of advice or encouragement, loyal truly networked tactical force our na- sense of humor and accompanied with a to his friends and colleagues on both tion needs, and of modernizing its heli- memorable laugh. She would pick out sides of the aisle, in Danny’s passing copter force. He has provided close quirks among staff and with good na- we lost a man who could bridge any di- oversight of aircraft programs such as ture poke fun at them. She also knew vide. We lost a man who led in his pla- the F/A–18E and F, F–22, F–35 Joint every member of my security detail by toon, in his caucus, and in his beloved Strike Fighter and the new KC–46 aer- name and would charm them during home State of Hawaii. ial refueling tanker. their State visits. To her, everyone Danny will be missed by this body Of course, the committee has grap- was, ‘‘Jose’’ or ‘‘Lucille.’’ She would al- and by his friends on both sides of the pled with a number of difficult policy ways say, ‘‘Ok, Jose’’ or ‘‘Here’s the aisle. But it is my hope his spirit will questions over the last two decades, deal, Lucille.’’ remain with us, and help ensure that from the need to repeal ‘‘don’t ask, Marge was not only a leader in my the next generation of heroes has the don’t tell’’ to the conduct of the wars office, but a woman of great faith and same freedoms he held so dear. We will in Afghanistan and Iraq. Senator LIE- strength at home. She was born in never stop fighting to protect them, BERMAN was the original sponsor of the Santa Fe, NM, but grew up in the San Danny. Mahalo and Aloha. legislation that repealed ‘‘don’t ask, Francisco area, which explains her ado- don’t tell’’ and he played an important ration for the San Francisco Giants f role in shepherding this legislation and 49ers. She was married to her hus- TRIBUTES TO DEPARTING through the Armed Services Com- band John Van Hoove for 33 years, and SENATORS mittee and the Senate. Whether one they raised two sons John Jr. and JOE LIEBERMAN agrees or disagrees with Senator LIE- Steve. Marge is a proud grandmother of Mr. LEVIN. Mr. President, in a few BERMAN on these issues, it’s impossible three grandchildren. Marge’s departure into retirement days, the Senate will no longer benefit to doubt his thoughtfulness and his leaves behind a void, but I know that from the service of a member who has dedication to finding the right solu- she has instilled many of her strong left an indelible mark on national se- tions for our nation. values and tireless work ethic into the curity policy and on the Senate. Sen- Senator LIEBERMAN is my chairman staff she trained. Marge’s country ator JOE LIEBERMAN has been my col- on the Homeland Security and Govern- western music and cowgirl boots will league and friend for more than two ment Affairs Committee. I’m privileged be out of sight, but she will not be out decades. We have shared triumphs and to chair that committee’s Permanent of the minds of those she worked with. challenges, agreed and disagreed with Subcommittee on Investigations, Landra and I will miss our forever one another, and each of us has served where a small but incredibly talented friend, Marge, and extend to her our as a member of a committee the other and dedicated staff has made immense heartfelt love. chaired. contributions to consumer protections, One challenge we have shared is the REMEMBERING DANIEL K. INOUYE government oversight and our defenses Mr. SCHUMER. Mr. President, I rise need to strengthen our nation’s manu- against financial wrongdoing. I am today to say goodbye to my friend, facturing sector, the economic back- deeply grateful for Senator LIEBER- Senator Daniel K. Inouye. This week in bone of our two states and indeed of MAN’s support for our subcommittee’s the Senate, we lost a colleague, a men- the nation. Senator LIEBERMAN has work. tor, and a compass, and what is more served as chairman of the Senate Man- We also have worked closely on the our country lost one of the greatest he- ufacturing Caucus, which has bene- committee’s efforts to protect Ameri- roes of the ‘‘Greatest Generation’’. fitted greatly from his energy and lead- cans from potentially catastrophic re- We are a Nation that still holds its ership. He has been a dedicated sup- leases from chemical facilities. I was a heroes dear, and that is why it is so porter of the Manufacturing Extension co-sponsor on legislation he authored hard to say goodbye to Danny. Partnership, which helps U.S. manufac- with Senator COLLINS to address that I can think of no place more fitting turers strengthen and grow in the face threat, and I am thankful for his lead- to say one last ‘‘Aloha’’ than at the of international competition. In this ership in putting in place these vital very center of this Nation’s Capitol work, Senator LIEBERMAN has been an protective standards. Senator LIEBER- Building as Danny rested under the ally of Michigan working families. MAN’s work has also included badly Dome yesterday, which is the symbol Of course, Senator LIEBERMAN and I needed reform of the Federal Emer- of freedom to the entire world and the have worked together on the Armed gency Management Agency in the wake very freedom he gave so much of him- Services Committee, where he has been of the Hurricane Katrina disaster; im- self to protect. an active, thoughtful, principled and proving our cybersecurity protections; And protect it he did. Danny stood up energetic member and subcommittee and improving our defenses against dis- and fought the racial stereotypes that chairman. Senator LIEBERMAN joined ease pandemics.

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The Homeland Security and Govern- turing, she has worked to strengthen SNOWE and I also worked as part of the mental Affairs Committee is also programs such as the Manufacturing Committee’s effort to investigate the where Senator LIEBERMAN has accom- Extension Partnership, which helps misuse of pre-war Iraq intelligence by plished what is likely his most lasting American manufacturers research and policymakers. work: reform of our homeland security develop new technologies, increase effi- Senator SNOWE’s support for the in- and intelligence communities in the ciency, improve supply chains and out- vestigation and its findings, in the face wake of the 2001 terrorist attacks. innovate our overseas competitors. of strong criticism from some in her Reforms of this scope by necessity American workers from Maine to own party, was important to bring have many authors, but certainly Sen- Michigan and beyond are better off for transparency to the decision to go to ator LIEBERMAN’s role was at the fore- her support of this vital sector of the war in Iraq and will help to ensure the front. His leadership was instrumental American economy. American public is not similarly mis- in passage of legislation creating the Beyond manufacturing, our states led in the future. Department of Homeland Security, and are linked in another way: the histor- Senator SNOWE recently took another in achieving vital reforms to the struc- ical lighthouses that dot our shores. I principled stand, in what will likely be ture and practices of our intelligence was pleased that Senator SNOWE joined her last vote as a member of the Intel- agencies in the wake of the 9–11 at- me in offering the National Lighthouse ligence Committee, when she was the tacks. These were sweeping, once-in-a- Stewardship Act, which would help only Republican member to vote to adopt the Committee’s report on the generation reforms, and Senator LIE- local governments or nonprofit groups CIA’s Detention and Interrogation Pro- BERMAN was tireless in his advocacy for preserve these prized structures for the them. appreciation of generations to follow. gram. That report definitively shows In these and so many other ways, I was also fortunate to serve with her that torture is not effective in eliciting Senator LIEBERMAN leaves an impor- on the Armed Service Committee, intelligence and will hopefully signifi- tant and lasting legacy as he prepares where she served as Chair of the cantly influence how our nation deals to leave the Senate. He is a trust- Seapower Subcommittee. She was a with the detention and interrogation of worthy confidant and I shall miss him. strong advocate for the men and those we capture in the future. OLYMPIA SNOWE’s service has been of Barbara and I wish JOE and Hadassah women of the Navy and Marine Corps, enormous benefit to the people of her every happiness as they embark on and worked diligently to ensure that state. She is rightly respected in this their next adventure together. the Department of the Navy had the chamber, and around this country, as a OLYMPIA SNOWE people and hardware the Navy needs to leader who has not just talked a good Mr. President, it is an unfortunate defend our nation’s interests. game when it comes to bipartisanship, On these and other issues, Senator reality that the number of people in but has followed words with action, Washington working for bipartisan so- SNOWE has worked across party lines often at the cost of no little political lutions is significantly smaller than for the good of her constituents and discomfort for her. To the very end of the number of people claiming to do so our nation. But I can think of no issue her tenure here, she has fought, as she or proclaiming the need to do so. Near- that better demonstrates her ability to put it just last week on this, ‘‘to return ly everyone seeks the ‘‘bipartisan’’ reach beyond partisan interest than this institution to its highest calling of label; fewer wear it comfortably or one of the most controversial issues of governing through consensus.’’ practice bipartisanship regularly. our time together here: the Iraq war. I want to thank her for the many That is one reason I am sad to see I worked with Senator SNOWE and a ways in which she has supported pro- OLYMPIA SNOWE leave the Senate. Over bipartisan group of senators who be- grams important to Michigan, and for three terms, Senator SNOWE has rep- lieved the status quo in Iraq was no the thoughtful approach she has resented the people of Maine with in- longer acceptable and who worked to- brought to the many challenges we telligence and, yes, moderation. Here’s gether to chart a new course. have faced together. As she returns to how Time magazine put it in 2006, in We joined together to advance our Maine, I wish OLYMPIA and Jock every naming Senator SNOWE one of the na- collective view that the primary pur- success in whatever endeavors may tion’s 10 best senators: ‘‘Because of her pose of United States strategy in Iraq come. And I hope we can take to heart centrist views and eagerness to get be- should be to pressure the Iraqi political Senator SNOWE’s wise words as we seek yond partisan point scoring, Maine Re- leadership to make the compromises to answer the challenges before us. publican OLYMPIA SNOWE is in the cen- necessary to end the violence in Iraq SCOTT BROWN ter of every policy debate in Wash- while accelerating the training of Iraqi Mr. President, I want to give my ington.’’ And I’ve been lucky to ob- troops to take responsibility for their thanks to Senator SCOTT BROWN, who serve her work in those debates. own security. leaves the Senate at the end of this ses- Start with her work on the Senate We made clear that the open-ended sion. I have not had the privilege of Small Business and Entrepreneurship commitment of U.S. forces to Iraq was working with Senator BROWN for as Committee, where she has served both over, thereby undermining the al long as I have worked with many of the as chairman and ranking member. As a Qaeda narrative that we were there as other Senators who are concluding member of the committee, I have ap- occupiers and signaling to the people their service here. But I am grateful preciated her dedicated advocacy for and Government of Iraq that the time for his work as a member of the Armed small business. She has worked hard to for political reconciliation had come. Services Committee, and for his sup- support SBA’s Microloan program and As Senator SNOWE rightly pointed port for some of the important reforms programs for women owned businesses. out at the time, ‘‘The Iraq government that helped put a cop back on the beat She has helped improve SBA’s trade needs to understand that our commit- on Wall Street. and export finance programs; elevated ment is not infinite. Americans are los- SCOTT’s road to the Senate was not the SBAs Office of International Trade ing patience with the failure of the easy. Like all too many American chil- and add export finance specialists to leadership in Baghdad to end the sec- dren, he was the victim of abuse by the SBA’s trade and counseling pro- tarian violence and move toward na- those who were obligated to care for grams; and established the State Ex- tional reconciliation.’’ She continued, him. Senator BROWN overcame great port Promotion Grant Program, de- ‘‘It is imperative that Congress under- odds to become a United States Sen- signed to increase the number of small stands the importance of placing the ator—odds that had little to do with businesses that export goods and serv- future of Iraq’s independence in the politics. He is an example of our power ices. hands of those who should want it to achieve despite great challenges, Senator SNOWE also has been an en- most—the Iraqi people and their gov- and we can all learn from that exam- thusiastic supporter of our nation’s ernment.’’ ple. manufacturers. As a former co-chair of As members of the Senate Select Senator BROWN was one of a handful the Senate Task Force on Manufac- Committee on Intelligence, Senator of members who crossed party lines to

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support the Dodd-Frank Act, which That is why one of DANNY’s great ac- ural politician. He has a remarkable provided vital reforms of the financial complishments here in the Senate has ability to grasp the core of the issues sector in order to help prevent a repeat been his efforts on behalf of his fellow before the Senate and determine their of the financial crisis that crippled our veterans. Whenever an important bill possible impact on the people back economy. He and I disagreed on several was taken up and passed, DANNY imme- home. He understands the people back important provisions of the act, and we diately got to work, trying to deter- home and he knows how they think and disagree in many ways on how it can mine the impact each bill would have how they feel about the issues before best be implemented. But his vote was on our veterans and how any negative the Senate. Equally important, SCOTT very important to its passage. impacts could be addressed and re- is able to explain those issues in sim- As a servicemember for more than versed. Just as we owe our veterans a ple, easily understood statements that three decades, including a deployment great debt of gratitude for their serv- stick in the minds of the people who to Afghanistan, Senator BROWN has ice, veterans everywhere have a special hear him. He has a way with words brought a valuable perspective to the place in their hearts for everything that helps to win people over. Armed Services Committee. He has DANNY has done over the years to pro- When SCOTT came to the Senate peo- spoken eloquently of the need to honor tect and preserve the benefits they ple were not sure what to expect. Was our Nation’s solemn obligation to our have earned with their service. he going to tend to follow one Party or troops, our veterans and our families. In addition to his great faith and his the other exclusively? No. SCOTT took He has advocated for the National concern for our Nation’s veterans, up each issue individually, measuring Guard and supported significant policy DANNY also brought to the Senate his them all with the yardstick of his prin- changes that are important for our love of Hawaii and its great culture ciples and his determination to be an servicemembers, such as supporting and history. It was a gift he shared effective representative of the people of victims of rape or incest and repeal of with us over the years that increased Massachusetts who sent him to Wash- ‘‘don’t ask, don’t tell.’’ I thank him for our awareness of Hawaii’s past and the ington. It was not going to be easy, but his contributions to the committee’s great traditions of his home State. SCOTT proved himself to be well up to important work in fulfilling its obliga- Through the years DANNY has made a the task. tion to servicemembers and their fami- reputation for himself here in the Sen- As soon as he arrived, SCOTT found lies. ate as a careful, thoughtful legislator himself in the thick of a number of leg- DANIEL AKAKA who works quietly but effectively. The islative battles. He took on each issue Mr. President, now that the 112th good work he has done on a number of carefully and thoughtfully which thor- Congress will soon be coming to a issues has had an impact that will con- oughly confused all those who thought close, the Senate will be able to take a tinue to be felt for many years to they had SCOTT all figured out. SCOTT moment to acknowledge and express come. proved to be an independent individual our appreciation to those members who Thank you, DANNY, for your service who was determined to do everything will be retiring when the gavel brings both here in the Senate and in our he could to make a difference in Massa- an end to the current session. One armed forces. You can be very proud of chusetts and in Washington. He soon member who has had a great impact on all you have achieved. You have rep- proved he was able to do all of that and so many of us on a personal basis is resented your State very well. Thank so much more. DANIEL AKAKA. you most of all for your friendship and For 3 years, SCOTT has been an im- DANNY, as I have come to know him, for sharing your faith and the impact portant addition to the day to day life has been one of the strongest and most it has had on your life. You will be of the Senate. I have no doubt we have loyal parts of our Senate Prayer missed and not just by those of us in not heard that last from him. He only Breakfast. That regular gathering that the Senate who have enjoyed having a needs to take a moment to see what he many of us attend gives us an oppor- chance to come to know you. You have is interested in taking on in the next tunity to come together to share our been a great friend to our Nation’s vet- chapter of his life. He has a wealth of faith and discuss the difference it has erans, too, and they will always re- talent and ability and more impor- made in our daily lives. member your commitment to them. tantly, he genuinely cares about the No one has played a more important SCOTT BROWN future of our Nation and all of the peo- role in those weekly meetings than Mr. President, now that the 112th ple who make up his home State and DANNY. His faith has brought him Congress is coming to a close, the Sen- our Nation. There is a lot of oppor- through some very difficult situations ate will have an opportunity to ac- tunity out there for SCOTT and I know in his life and it has also helped him to knowledge the efforts of those Senators he will take full advantage of it. pursue policies and programs that have who will be returning home at the end Thanks, SCOTT, for your service. made a difference in more lives than of this session of the Senate. One Sen- Thanks for working so hard to get we will ever know. ator I know I will miss in the days to here, and once you did, thank you for When DANNY was in the House he was come is Senator SCOTT BROWN. never doubting in your ability to make the song leader. His understanding of Looking back it is hard to believe a difference. You have helped to make the importance of music helped him to that SCOTT has only been a member of changes both here and back home in better express his faith. He led our the Senate for about 3 years. He has more ways than you will ever know. singing of our hymns by providing us had an impact on our day to day delib- Thank you, too, for your friendship. with the history of each song as he ex- erations over those years that far out- For 3 years you have been a strong and plained the meaning of the words that weighs the time he has been a Member powerful advocate for the future of were used to bring its message to life. of the Senate. That speaks volumes Massachusetts and you can be very His faith also showed itself with his about his ability to make the best use proud of all you have achieved during work on a sailing ship that helped to of his resources so that he could have your time in the Senate. bring missionaries around the Pacific an impact on those issues that concern JON KYL to share their faith with those who the people of his home state. Mr. President, it is a tradition in the might otherwise have never heard such When SCOTT was elected to the Sen- Senate to take a moment at the end of stories. ate he became the first Republican the session to express our appreciation DANNY is a veteran of World War II. Senator from Massachusetts to have for the service of those Senators who His experience during the war gave him made it here in more than 30 years. For will be retiring at the end of the year. an understanding of the sacrifices our me, that is proof of the kind of can- This year it seems that we have quite veterans made during their service and didate SCOTT was and the effectiveness a few retiring Senators who will be the importance of ensuring that we as of the campaign he ran. greatly missed because of the impor- a nation take good care of them and His success in what was a very dif- tant role they have played in our lead- address their medical needs. ficult race proved that SCOTT is a nat- ership on both sides of the aisle. Such

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a Senator is JON KYL. I know we will more ways than you will ever know. In effective and more efficient are clearly miss him, his willingness to work with the months to come, I will miss seeing presented and strongly espoused in his all of his colleagues, and his under- you around the Capitol building. I will books. I have no doubt that JIM’s books standing of the issues and the need for also miss having the benefit of your ad- could change the Senate if we could get us to come together to address them. vice and counsel—though I intend to every one of our colleagues to read JON KYL may very well be one of the keep your number handy. What I will them, consider them and then put some smartest individuals I have ever met. miss the most, however, is your friend- of his ideas into practice. More importantly, he is not just highly ship. Keep in touch with us. We will al- Thank you, JIM, for your willingness intelligent, he also has an abundance of ways appreciate hearing from you. to serve and for all you have helped us wisdom. That means he not only knows JIM DEMINT to accomplish during your time in the what is right—he does it! Putting Mr. President, one of our traditions Senate. You have presented us with knowledge into action is always the here in the Senate is to take a moment some strong, bold ideas about our fu- toughest part of the equation. as the current session of Congress ture as a nation and I have no doubt Here in the Senate, JON has taken on draws to a close to acknowledge and they will continue to have an impact a combination of assignments that express our appreciation for the service on the Senate for a long time to come. most members would have found im- of all those members who will be leav- Thanks for sharing them with us. possible. JON not only served as our ing when the gavel brings to a close the The new adventure you will now Party ‘‘Whip’’, but he also helped to di- 112th session of Congress. I know we begin with the Heritage Foundation rect our efforts with his great under- will miss them all—especially those sounds like a challenge you will fully standing of the many details that form like JIM DEMINT who have played such enjoy. I know we will continue to hear such an important part of every issue an important role in the work we do from you in your new post and we are we take up in the Senate. every day in committee and on the looking forward to it. You have an im- JON has been such a great asset for floor. portant viewpoint to bring to our delib- our party because his focus is on the I know I wasn’t the only one who was erations and it would be missed if you details of every issue that comes before surprised to learn that JIM DEMINT was didn’t continue to make your thoughts the Senate. That is why, more often leaving the Senate to become the presi- and concerns known. We will be watch- than not, when a complex matter is up dent of the Heritage Foundation. It is a ing and listening for your comments for our consideration, many of us want great opportunity for him, and I know and suggestions in the days to come. to know what JON thinks and what his he will make the most of it in the Good luck and keep in touch! years to come. We will miss him, recommendation would be. His insights HERB KOHL have always been an important part of though, because in a short time he had Mr. President, now that the 112th many of his colleagues’ consideration become an important voice in the Sen- Congress is coming to a close, we have ate for the issues that meant a great of what each of us should do to further an opportunity to acknowledge and ex- deal to him. the interests of the people of our home press our appreciation for the service Looking back, I have no doubt that States. of our fellow Senators who will be re- JIM learned at an early age that the One thing everyone who has spent law is a great teacher and by coming to tiring at the end of the year. HERB some time with JON knows about him Washington to help draft our laws he KOHL, one of those who will be return- is his great love for NASCAR. In fact it could help to teach people all across ing home when the gavel brings to a is more than just an appreciation—I the Nation what it means to be a cit- close the current session of Congress, don’t think there are many who under- izen. He could also help to ensure that will be missed, for he has been very ac- stand it with the depth that he does. our government responds more fully tive and involved in the day-to-day He not only knows the stats, but he has and substantively to the needs of the work of the Senate for many years. a great feel for how each race played ERB people of our Nation. I think that is My first contact with H came out, the strategy that was employed what most interests him about the about when I found out that he had a and the significance of the results. The Heritage Foundation—the knowledge ranch in Wyoming. I shouldn’t have way he describes ‘‘how the game is that it will be another opportunity and been surprised. As I have had a chance played,’’ the rules, and the key players provide him with a different platform to come to know him, it seemed pretty in every race is enough to get anyone from which he can continue to have an clear that he had a lot of Wyoming in interested in attending the next event. impact on those issues that mean so him. He is a gentleman and a gentle NASCAR ought to make him their am- very much to him. man in every sense of those words. He bassador. He would increase interest in Over the years I have come to know says what he means and he means what it right away. He had done a lot to JIM as he has taken his place as one of he says. For him, those words aren’t make me a fan, too! a very few who have been known as the cliche´s, they are an indication of the Politically, JON is a staunch conserv- conscience of the Senate. He is an indi- way he lives his life. ative. In fact, I am sure if you look up vidual of strong principles and core I know I am not the only one who ‘‘staunch conservative’’ in a reference values and he brings his sense of direc- thought that about HERB. That is why book it will refer you to their article tion to the work of the Senate every he has a well-earned reputation for about JON. JON’s great talent makes day. being a calm, thoughtful legislator. He him the perfect example of what a con- As I have watched him in action, I has a knack for taking on a problem, servative is, and his knowledge serves have seen his ability to bring our at- giving it his full attention, and then to highlight the positions and issues tention both carefully and forcefully to working with members on both sides of that are important to all conserv- the flaws in the legislative matters we the aisle to develop a workable solu- atives. had taken up for deliberations. In ev- tion to solve it. That is why he has Something else that we have all erything we did, JIM would take a close been so successful on a number of come to know and appreciate about look at the wording of each clause and issues. JON is the strength of his faith and his every proposed amendment and make HERB’s ability to patiently pursue an belief in the importance of the family. it clear to us the reasons why he be- agenda, and then focus on a solution One of his first considerations when we lieved something needed to be changed. that would receive the support nec- took up any legislation was how will Then as we began our debate, he would essary to pass, has been a hallmark of this affect our Nation’s families? It was then present his points with greater his service. Never one to seek out pub- that important to him. I can not imag- clarity and substance as he made clear lic attention for his efforts, he has been ine a better starting point for our dis- his strong opposition to or support for rewarded with something far more im- cussions and deliberations. the issue that was before us. portant: the knowledge that he has Thank you, JON, for your willingness His views on how the Senate func- done a good job. His commitment to to serve. You have made a difference in tions and how we could make it more the future of his home State and our

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He understands could make a difference if he worked back home were heard—and heard better than most the important role hard and dedicated himself to the peo- clearly—whenever an issue was taken our businesses play in our local, State ple of his State. It was a plan of action up that was going to have an impact on and national economies. He is a man of he put into everything he has ever done them. vision who put his great talents into in life. A Vietnam veteran himself, he had a action when he helped to take the fam- It helped him to make a successful great interest in national security ily business to the next level. His suc- run for governor, after which he de- issues. His determination to make a cess in that effort helped to put him on cided to run for the Senate. He knew it difference in that area became very a path that made it possible for him to wouldn’t be easy, and it wasn’t, but clear right from the start. Serving on do some things that a lot of us only when the votes were counted he had the Veterans’ Affairs Committee he dream about. won an important Senate seat and was worked very hard to ensure that our One of those great dreams he was headed here to represent his beloved veterans were able to access the bene- able to make come true was his owner- home State. fits they had earned with their service. ship of a professional sports team, the Soon after he began his Senate career JIM is a good writer and he has sev- Milwaukee Bucks. There had been he cast a vote to lower everyone’s eral books to his credit. They have re- some speculation that the team might taxes. That took courage. In the years ceived a great deal of notice and one of be bought and moved out of Mil- since then, he has shown that he has a his stories has been made into a movie. I know I join with many of my col- waukee. HERB made sure that wouldn’t lot of that important quality in abun- leagues in wishing him all the best as happen. He bought the team and kept dance. he returns to Virginia. I don’t know them in Milwaukee, and the people of Since we are neighbors and share an appreciation and understanding of what his next great adventure will be, Wisconsin appreciated his efforts to rural America and our unique way of but I do know his skills and talents keep the home team—at home. None of that would have been pos- life, it shouldn’t come as a surprise will provide him with a number of op- that we have a great deal in common. portunities to choose from in which he sible if not for HERB’s ability to orga- can continue to play an active part in nize his time so that he could make the We both love our great outdoors and his State. best use of that precious commodity. there are places in Nebraska that are almost as beautiful as Wyoming. Thank you, JIM, for your willingness That has been one of his greatest as- We both love to hunt, and BEN has to serve—not only here in the Senate sets in the Senate, too. Back home, his had some very interesting opportuni- but in our Nation’s military. The rec- constituents know that he is a ties to pursue his hobby all over the ognition you earned with your efforts thoughtful person who is interested in world. My hunting has all taken place will continue to inspire others. Because them and is always on the watch for in Wyoming. Because of our love of of you our Nation’s veterans have had those things he can do as their Senator hunting and my great affection for a champion in committee and a warrior to make their day-to-day lives better. fishing, BEN and I co-chaired the on the Senate floor who did everything His constituents have greatly appre- Sportsmen’s Caucus. We have also you possibly could to ensure our vet- ciated his work in Washington on their worked together on a number of issues erans would never have to settle for behalf, and that is why they returned related to the great outdoors. They are anything less than the best. They have him time after time so he could keep matters that mean a lot to us and to earned that and so much more with doing such a good job of representing our constituents back home. their service, their many sacrifices on them. HERB has compiled an important Thanks, BEN, for your service and for our behalf and their unsurpassed love record that he should be proud of be- your determination to make the posi- for our country. cause it reflects his commitment to tion of your constituents known here JEFF BINGAMAN the future of his home State and our in Washington. You have made a dif- Mr. President, at the close of each Nation. ference in many ways and you can be session of Congress, the Senate has tra- BEN NELSON very proud of your legacy of service. ditionally taken a moment to express Mr. President, at the end of each ses- Thanks, too, for your friendship. I have our appreciation for the service those sion of Congress, as is our tradition, we enjoyed coming to know you. Whatever who are retiring have provided to the take a moment to express our apprecia- you have planned for the future, I hope people of their home State and our Na- tion and acknowledge the many con- you continue to enjoy the great adven- tion. It gives us an opportunity to ac- tributions each retiring Senator has ture of your life. knowledge the contributions that made to the day-to-day work of the JIM WEBB every Senator makes to the day to day Senate. We will miss them when the Mr. President, as we have all learned, operations of the Congress and the gavel brings to a close the 112th Con- it doesn’t always take a lifetime of work they have been a part of as we gress—especially Senators like BEN service to make a difference, especially have worked together to craft the laws NELSON who have made an important here in the Senate. JIM WEBB is one of that govern the Nation. difference during their service. those unique individuals who had an Over the years I have learned a great Since he is from Nebraska, BEN is a impact here although he only served deal about how the Senate works and neighbor to my home State of Wyo- for one term before deciding to retire. how to be an effective representative ming and he understands more than I know I will miss him and his great for the people of my home State from most the inherent problems and chal- support for our Nation’s military and one of the best, JEFF BINGAMAN. He has lenges faced by rural America. The peo- his heartfelt concern for our Nation’s compiled quite a record that he can be ple of Wyoming, Nebraska and the veterans. very proud of, and he has done it quiet- West have taken on a rugged way of As I have had the opportunity to ly, almost behind the scenes as he has life and it shows itself in their inde- come to know JIM a little better, it is shown himself to be ‘‘a workhorse and pendence, their unique spirit and their clear that he is a man of strong convic- not a showhorse.’’ great love of their community and tions. As we say in the West, he is For those of us from the West, that is their country. someone who means what he says and quite a compliment. In a nutshell, it BEN’s upbringing and his ties to his says what he means. He walks his talk. means that someone is a lot more con- State of Nebraska gave him an impor- When he first arrived in Washington cerned with getting results than in get- tant understanding of the issues that he made it clear he wasn’t going to be ting the credit. It proves the old saying

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There is no more valuable skill to politics who had already waged and people who were getting the results I have in the pursuit of a career and the won a statewide race. I had no doubts was equally committed to achieving development of a life than that. that we could still win, but I wasn’t were doing it. Using that as my stand- During his service in the Senate, kidding myself that it would be easy, ard, one Senator who caught my atten- JEFF has compiled a record of which he either. tion quickly was JEFF BINGAMAN. can be very proud—as proud as the peo- Fortunately, I had a secret weapon— JEFF is a fellow Westerner and he ple of New Mexico are proud of him. KAY BAILEY HUTCHISON. She agreed to knows and understands the issues that That is why they kept sending him come to Wyoming and campaign with are so important to the people back back to the Senate. It is also why his me. That was a tremendous blessing home. As I watched him in action, I record of service will continue to re- because she had a natural feel for poli- could quickly see why he was a success ceive the notice it deserves as the tics and she more than made up for my story here. He had a reputation for his issues he has worked so hard on will lack of experience in running a state- ability to work with both sides of the have an impact on the West and the wide campaign. She gave me a lot of aisle to get the results the people of his Nation for many years to come. good advice and we took it all. Then we home State had sent him here to I don’t know what JEFF’s plans are set out on the campaign trail and that achieve. He had an understanding of for the future, but I feel certain we is where she really proved to be an the ramifications of the legislation we haven’t heard the last from him. I hope asset. were working on that was second to he will continue to keep in touch with Each stop we made Senator none. Taken together, all of that had all of our Western delegations. I am HUTCHISON showed that she was a nat- helped to make him an important ally certain we could all use a little New ural politician. People responded to her in any legislative battle that needed to Mexico wisdom from time to time on and the way she spoke during our be won. the issues that come before us that are events. She made it clear that she was As I got to know him, I looked to of such great concern to the West and a hard worker who said what she meant him for his leadership on the issues rural communities all across the coun- and meant what she said. Her Texas that were on the minds of the people try. style played well in Wyoming and it back home in Wyoming. He was taking Thank you, JEFF, for your service to really made a difference for me. the lead on a number of them as he New Mexico and to the United States. Then, when I came to Washington to worked to increase the awareness of We appreciate your willingness to begin my work in the Senate, I our colleagues about matters like open come to Washington to ensure the con- watched her take on some pretty dif- spaces, water and the future of our en- cerns of your State were heard and ficult issues. She had a talent for see- ergy industry. that they received the attention they ing the best solutions to those com- Over the years, JEFF has been a men- deserve. Thanks most of all for your plicated problems and that helped her tor to me. I have learned a great deal friendship over the years. I have to make a difference in her home State from him from our work together on learned a great deal from you and and here in Washington. Western issues and from our service on about you and I know the lessons I What most impressed me was her the task groups we both worked on. have learned from you about the Sen- ability to see a problem as it was devel- JEFF has an ability to summarize a dif- ate and our Committee structure will oping and then formulate a strategy to ficult issue simply so that it can be un- continue to make me a more effective deal with it before it became any more derstood on a number of levels by those advocate for Wyoming and the West. difficult. She was very focused on the of us who come from backgrounds that Whatever the next chapter of your life needs of her home State and what she are quite different from JEFF’s and all holds in store, I know you will give it could do here in the Senate to make our Western colleagues. He was then your best—just as you have done with sure that the issues of most concern to able to propose commonsense solutions every other great adventure in your the people of Texas were addressed. that not only made sense to our fellow life. Back home, Senator HUTCHISON has Senators, but were also able to obtain KAY BAILEY HUTCHISON always been concerned about our the support they needed to be consid- Mr. President, now that the cam- young people and what she could do to ered and passed by the Senate. paigns are over, the elections have ensure they realize they can be any- That would have never been possible been held, and the Senate is winding thing they want to be if they are will- if not for one of JEFF’s great gifts—his down its current session, I appreciate ing to work hard to succeed. That is ability to find common ground in the having this opportunity to express my why the young women of Texas look up midst of some sharp disagreements. He great appreciation to those Senators to her and see her as a model of what knows how to take the views of all con- who have had a great impact on me and they can also hope to someday achieve. cerned into account and then develop a our work together in the Senate. Such That led her to publish a collection of plan of action taking a variety of view- an individual is KAY BAILEY stories about successful women. Sen- points into consideration. Somehow he HUTCHISON, who has had a remarkable ator HUTCHISON knows that a good bi- had a knack for finding a way to make career as the Senator from the great ography is more than a source of inspi- it all work. State of Texas. ration, it is a very specific ‘‘how to’’ None of that should have surprised Senator HUTCHISON and I go back manual that young women all across us. After all, JEFF has one credential quite a way—in fact, we go back to the the country can look to for inspiration, on his resume that not everyone has days before I was elected to the Senate. guidance and direction on how they the persistence and determination to That was when I had just beat the odds can hope to achieve the same kind of acquire. JEFF was active in Boy Scouts and managed to receive the nomination success in their own lives. at a young age and with a lot of hard of my party to the Senate. A great part Senator HUTCHISON has a remarkable work and determined effort, he was of the reason for my success had to do family and I know that she is very able to reach the rank of Eagle. with the support I received from my proud of them. Not too long ago, she Some people might be surprised that family and the enthusiasm we put into and her husband decided to adopt a I mention JEFF’s Eagle, a great everything we did that year. It really child. They wound up adopting not one, achievement that he was able to attain had an impact throughout the State but two children who are blessed to so many years ago. I have found that during the primary season. Now that have two such special parents. It’s just

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another example of the way Senator joyed the time we spent together. KENT RICHARD LUGAR HUTCHISON has been reaching out to has a tremendous sense of humor and Mr. ENZI. Mr. President, at the end help those who need her in so many he has a very interesting outlook on of each Congress the Senate has a cus- ways over the years. the world. He knows more about the tom of taking a moment to express our Senator HUTCHISON has blazed a trail legislation we take up on the Senate appreciation to those members who in so many ways during her career in Floor than almost anyone else and his will be returning home when the gavel public service. She was the first woman understanding of how our bills are brings the current session to a close. ever elected to the Senate from Texas, written and the impact they will have This tradition provides us with an op- and during her service she has helped on our future and our children’s future portunity to acknowledge each Sen- young women all across her home make him someone you would want to ator’s efforts and take note of the dif- State of Texas to realize that there are be on your side when the battles begin ference they have made both back no limits to their future. They can be to rage in Committee or on the Floor. home and here in Washington, DC. anything they want to be if they are KENT is pretty easy to work with and One Senator I know I will miss in the willing to do whatever it takes to suc- I have enjoyed the opportunities we months to come is Senator RICHARD ceed, just as Senator HUTCHISON has have had to tackle some pretty dif- LUGAR. He has had a great influence on done. She is not just a role model, she ficult issues together. That sense of my service here in the Senate. During is an example of what is possible for ev- humor of his has helped him out on a his six terms of service in the Senate, eryone to achieve. number of occasions when the going I know I’m not the only one who KENT CONRAD got tough. I know, because I have seen learned a great deal from him about Mr. ENZI. Mr. President, as the work him in action as we worked together on how to be the kind of legislator that of the Senate for the current session of several bills. I also co-chaired a Caucus gets results. Congress begins to wind down, it is with him. I was fortunate to have had someone good to take a moment to acknowledge As the Chairman of the Budget Com- like Senator LUGAR reach out to serve and express our appreciation to our mittee, KENT has really revealed his as a mentor to me. When I first ar- friends and colleagues who will be re- leadership abilities. The Budget Com- rived, my experience in the Wyoming tiring when the final gavel brings to a mittee provided him with a platform State Legislature had taught me to close the 112th Session of Congress. that made it possible for him to speak enter the legislative battles slowly, One friend I know I will miss in the out on issues that were of great inter- taking the time to learn from the sea- months to come is KENT CONRAD. est and concern to him. He has been a soned veterans how to be an effective KENT is a hard worker, a Senator who very effective Chairman and he has left advocate for my home State and the is fully focused on the needs of his a legacy of hard work and positive re- people back home. Senator LUGAR home State and the work that needs to sults that will provide all those who proved to be a good choice for me to be done to address the issues of concern follow him with a good road map to fol- observe as I tried to pick up on his way to his constituents. He is a Senator low that has already proven to be effec- of doing things on the floor and in his who will always be known as a serious tive. Committee. and thoughtful legislator who has a The main thing I think I will always I soon learned that Senator LUGAR good sense of how today’s problems remember about KENT, however, is the had a style all his own. His demeanor will affect tomorrow’s bottom line if way he prepares for his presentations. I of being quiet and calm in his dealings we don’t act now to bring our economic don’t think there has ever been, nor with other members and the thoughtful policies under control. will there ever be a Senator who is al- presentations he made on the Senate Throughout his career, KENT has never been one to look for the most ways so well prepared. floor made it clear that he always had popular way of doing things. He was KENT and I both appreciate the power a strategy in mind as we took up those more concerned with finding the most of a well designed chart or graph. If issues that meant a great deal to him. productive way of doing things. He you really want me to understand how I shouldn’t have been surprised he knows that what looks like a good idea the policy or program you are offering had such a good understanding of the in the short term doesn’t always lead will affect my home State of Wyoming right way to do things here. It’s an in- to producing the kind of long term re- and the Nation as a whole, show me the dication of one of his great achieve- sults we must have if we are to data in pictures not words. KENT ments—he’s a fellow Eagle Scout. That strengthen our economy and put the makes a regular habit of doing that, great training he received in his young- Nation back to work. He has a great and he does it better than just about er days never left him. His years in the sense of what needs to be done now to anyone else. Boy Scouts prepared him for the chal- ensure our children and grandchildren I know that we will be hearing more lenges he had taken on over the years will have the same advantages that we from KENT in the months to come. I and it taught him the importance of had. That means never putting off don’t think he views his retirement as teamwork—bipartisan teamwork—in until tomorrow what we ought to be an opportunity to stop working, I taking on the issues that were of such doing today to ensure those issues are think he sees it as a chance to take on great concern to the people of his addressed. In fact, when KENT an- something new, some great and chal- State. His experience with the Scouts nounced his decision to retire he made lenging new adventure in his life. I taught him a great deal about life and mention of that fact and how his time don’t know what he has planned, but I the importance of holding on to the would be better spent working instead am looking forward to seeing him take principles and values that helped to of campaigning. it on day by day. make him a leader back home and here KENT has been a part of the Senate KENT has been a friend to so many of in the Senate. for four terms—and I am on my third. us over the years and I know he will be Another aspect of our lives that we Over the years I have enjoyed having a missed. We appreciate his service, we have in common is our service as chance to come to know him and his thank him for the way he handled the mayor. There are few jobs quite as dif- wife. They are a very special couple gavel in his Committee, but most of all ficult as that and I have a great deal of and they are equally committed to we thank him for his friendship, for his respect for anyone who takes on that each other and to the future of our Na- love of the Senate and his determina- challenge. tion. Their shared determination to tion to make the country a better I served as mayor of Gillette, Wyo- make this a better country for all of us place for us all—both current and fu- ming during a difficult time in its his- has helped to make them a team that ture generations. KENT has been an ef- tory. Senator LUGAR served as mayor has left their mark on the Nation’s fective Senator for his home State and of Indianapolis. He brought quite a few capital. in so many ways he has succeeded in good proposals with him and that I have had a chance to travel with helping to make North Dakota and our helped to make it possible for him to them both and Diana and I have en- Nation a better place to live. do some pretty remarkable things. One

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accomplishment that stands out was ing our small businesses strong and vi- worked together. OLYMPIA is an indi- his consolidation of the city and the brant. She knows that our small busi- vidual of great strength and firm con- surrounding county. That helped to nesses are truly the backbone of our victions and will be missed in the make the government work better for economies—on the local, State and na- months to come. the people of the area. His proposals re- tional level and everything we can do I don’t know what the Senator has ceived a great deal of attention and to keep them going strong will have planned for the next great adventure in that got his administration noticed. It the greatest impact on our efforts to her life, but whatever it is I am certain soon led him to bring his unique brand keep our American dream alive and we haven’t heard the last from her. We of leadership to the National League of available to the people of our great Na- will always be pleased to hear her Cities, where he served as its president. tion. thoughts about the issues we have be- After such a string of successes, it OLYMPIA has very strong roots in fore us here in the Senate. was only natural that he then bring his Maine and she has an in depth under- f vision for the future of our Nation to standing of the priorities of the people the United States Senate. For six of her home State and what they ex- REMEMBERING WARREN B. terms he has been a strong voice for pect her to work on here in Wash- RUDMAN the people of his home State on a long ington. That is why she has a well de- Ms. SNOWE. Mr. President, I rise list of issues that were of great concern served reputation for being a thought- today in remembrance of an extraor- to them. He has been a leader in both ful and careful legislator, one who dinary man, an exceptional public serv- the areas of foreign affairs and agri- looks closely at all the details of a bill ant, and a dear friend, Senator Warren culture. He has been a great friend of before making her decision, based on B. Rudman. As the U.S. Senate, the rural America as he has worked to en- its merits. people of New Hampshire, and the en- sure that the programs and policies I don’t think I’ve ever met a Senator tire Nation mourn his loss, I wish to that work so well in urban areas also who was a more avid reader than OLYM- add my voice to the chorus of tributes benefit rural States and communities PIA. Whenever the Senate takes up an that continue to reverberate from like those in his home State and mine. issue, she is always looking for more every corner of the country in com- He has compiled a legacy during his materials to read that will help her de- memoration of a man whose contribu- service in the Senate that should make velop creative and innovative solutions tions to our Nation and our world are him very proud. to our Nation’s problems. as numerous as they are invaluable. I Now Senator LUGAR will be returning Then, when the matter comes up for also want to express my heartfelt con- to his beloved home State. Those are our review in Committee or on the dolences to his wife Margaret his his roots and it represents the kind of floor, she has at the ready several arti- daughters, Laura and Debra, and his experiences that helped to form him cles that will drive home and anchor entire family at this most difficult of over the years. It was a life that made the point she is making. No one is bet- times. him what he is today—strong, inde- ter at researching an issue than OLYM- With a Senate that is profoundly dys- pendent and committed to doing what PIA and then, when the matter is up for functional and in an era when biparti- is right. debate, making it clear what she be- sanship and compromise are both seem- Now that this chapter of Senator lieves to be the best way to tackle the ingly lost arts, we recall with tremen- LUGAR’s life has come to a close, an- problem. No matter the topic, it’s al- dous admiration the intelligence and other will soon begin. That is just as it ways a plus to have her on your side. exemplary judgment of a distinguished should be for we will miss his leader- In the years to come, I will always and iconic legislator whose paramount ship on a long list of issues. I hope we remember OLYMPIA’s dedication and purpose was to rise above and beyond continue to hear from him with his firm resolve to get things done. As we the din of partisanship to effectively thoughtful ideas on the direction we worked together on several issues, it serve the citizens of New Hampshire need to follow to turn our economy was clear she had a wealth of knowl- and the people of our great Nation. around. edge about how each provision of a bill The child of immigrants, Warren I know I join with our colleagues in would play out. She brought some very grew up in his beloved Granite State. thanking Senator LUGAR for his serv- good ideas to the process and her input And from an early age, he was instilled ice, for the leadership he has provided helped to make each bill better. with New England’s hallmark sense of on more issues than I could ever list in OLYMPIA had always been known as a independence and frugality and its this short reflection on his many years powerful and effective speaker. Some- spirit of grit and tenacity qualities in the Senate, and most of all, for his one with the ability to not only which he first brought to bear during friendship. That was a great gift that present her position with clarity and his heroic service as combat platoon meant a great deal to us all. precision, but who could also persuade leader and company commander in the OLYMPIA SNOWE others to her point of view with her Korean war, rightfully earning him the Mr. ENZI. Mr. President, it has long common sense approach to problem Bronze Star. been a Senate tradition to take a mo- solving. Those skills and so many more Returning from the horrors of war, ment as the current session of Congress helped her to make a difference Warren emerged with a renewed com- draws to a close to express our appre- throughout her home State of Maine mitment to duty and service, this time ciation and acknowledge the many con- during her career in public service. In in the public sphere, where he applied tributions each retiring Senator has the end, that is why she was so success- himself to delivering justice for the made to our legislative deliberations ful in the politics of her home State. people of New Hampshire as their at- both on the Floor and in committee. The people of Maine know OLYMPIA and torney general. His colleagues would We will miss them when the gavel they appreciate her efforts on their be- later recall that he was one of the fin- brings to a close the 112th Congress— half. Over the years OLYMPIA has com- est public servants to ever grace that especially senators like OLYMPIA piled a record of success of which she office and that all who followed aspired SNOWE who have made an important can truly be proud. to the example he established. difference during their service. I know I join with the people of Mr. President, I stand here today to With OLYMPIA’s retirement Maine Maine in telling OLYMPIA how much we declare, like so many of my colleagues has lost a very powerful and effective appreciate her willingness to serve. She have, that those sentiments ring true legislator and our Nation’s small busi- could have followed so many different for Warren’s service in the U.S. Senate ness community has lost the support of career paths, but she was determined as well. Indeed, he was an exemplary a great champion. Throughout her to make Maine a better place for our and consummate public servant, thor- service in the Senate OLYMPIA has children and our grandchildren. oughly understanding that the very es- shown her great understanding of our Thanks, too, for her friendship and her sence of good governance was problem- economy and her commitment to keep- support on the issues on which we solving and that as an elected official

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This important bill provides bipartisan piece of legislation brought authorization for all of the programs under control the Nation’s ballooning Mr. KERRY. Mr. President, each year and missions of the United States deficits and directly contributed to the more than 6 million children in the Coast Guard, along with provisions im- economic prosperity and growth that is United States are reported as victims portant to the maritime industry. so fondly associated with the 1990s. In of child abuse and neglect. Tragically, One important provision in the bill that light, we can look to Warren with more than 1,500 of those children lose addresses the tonnage situation of the grateful eyes because in bringing to their lives most under the age of four. vessel Aqueos Acadian. The system of bear his credibility, his intellect, and Many of these deaths are preventable tonnage measurement, though arcane his experience, he pursued a course and we must fight for those who are and complicated, is vital to the oper- that was not necessarily expedient but too young to defend and speak for ation and economics of any vessel. In that was ultimately right. A longtime themselves. the case of the Aqueos Acadian, its fiscal visionary, he was a leader whose The United States currently does not original configuration in 1973 was cer- voice we should heed today. have a comprehensive strategy to ad- tified in Coast Guard documentation to But that spirit of integrity, decency, dress child abuse fatalities, or a na- be 274 gross registered tons, GRT, and honor was a mainstay of Warren’s tional standard for classification and which is the official domestic tonnage character, and those principles were in- reporting of those deaths. This leaves measurement. Later, the vessel had an grained into the unwavering set of be- many child abuse fatalities to be addition of a closed-in shelter deck, liefs which remained with him underreported, which becomes an addi- which increased its domestic tonnage, throughout his lifetime. They guided tional hindrance in addressing the root as well as its international tonnage, him during the Keating 5 investigation, causes. which is measured differently than do- I am pleased to work with Senate Fi- informed him during the Iran-Contra mestic tonnage under the International nance Committee Chairman BAUCUS, deliberations, and inspired him in see- Tonnage Convention, ITC, rules. Later Senator COLLINS, and a number of ad- ing through the Supreme Court nomi- still, the modifications that increased vocacy and child welfare experts to in- nation of his good friend from New the tonnage measurements were re- troduce the Protect Our Kids Act of Hampshire and exceptional jurist, Su- moved, and the vessel’s official docu- 2012. This legislation will establish the preme Court Justice David Souter. In- ments were issued by the Coast Guard Commission to Eliminate Child Abuse deed, they were the ever-present and and ABS to reflect that its GRT had and Neglect Fatalities. been reduced to 275, almost exactly the indispensable tenets that both firmly The commission will be comprised of grounded him in his Granite State original tonnage. a variety of professionals with diverse Vessels with greater than 300 GRT roots while also spurring him to the experience and perspectives. They will have safety and manning requirements legislative heights that became the be charged with developing a national much more complicated than vessels at capstones of his landmark tenure in strategy for reducing child abuse and or below 300 GRT. At the time of the public service. neglect fatalities, and provide com- certification of the down-sizing modi- That is why I will forever admire prehensive recommendations for all fications, the ITC tonnage was not re- Warren’s passionate, unvarnished, and levels of government. It will analyze duced because the Coast Guard’s abil- classic straightforward approach, the effectiveness of existing programs ity to reduce international tonnage ad- which helped build consensus through- designed to prevent or identify mal- ministratively is either extremely ar- out his time in the U.S. Senate and treatment deaths and learn more about cane or non-existent—even if the ves- which served the country so well. what works and what doesn’t. Child sel’s tonnage has in fact been reduced. While I missed serving with him in the abuse fatalities are a national crisis When Aqueos Corporation in Lou- Senate by 1 year, I had the privilege of that requires a collective solution. isiana purchased the vessel, its official working with him on bicameral basis Once the commission completes their documents reflected that the GRT had as a Member of the U.S. House of Rep- work any relevant agency will report been reduced to below 300 GRT. Rely- resentative, and during that time and to Congress regarding their response to ing on those Coast Guard and ABS through those experiences, my husband the commission recommendations. issued documents, the company sought Jock and I were fortunate enough to The loss of just one child to abuse is Coast Guard administrative help to re- become friends with Warren. In fact, he one child too many. I appreciate the duce the international tonnage com- had a tremendous affection for Maine, work of a number of organizations that mensurate with the GRT. The Coast owning a home on beautiful Bailey Is- have been integral to the development Guard bill includes language that al- land and while we know his heart for- of the legislation and have endorsed it, lows the company to keep operating ever belongs to New Hampshire, we are including the National Coalition to the vessel under its current docu- still proud to consider him an honorary End Child Abuse Deaths, whose mem- mentation and allows time to complete Mainer. bers include the National Association the tonnage-reducing modifications Undoubtedly, though, Warren was a of Social Workers, NASW; the National that were not done by the previous man ahead of his time. From cham- Center for the Review and Prevention owners of the vessel but that the Coast pioning the watershed legislation of Child Deaths, NCRPCD, National Guard has said must be done. Unfortu- which reduced our deficit, to helping Children’s Alliance, NCA; Every Child nately, the ITC tonnage reduction re- found the bipartisan Concord Coalition, Matters Education Fund, ECMEF; and mains incomplete. The provision does which offers serious solutions for our the National District Attorney’s Asso- not restore the vessel’s ITC tonnage to Nation’s significant fiscal challenges, ciation (NDAA). that of the GRT. This second step Warren’s is a legacy that Jock and I I look forward to our continued would afford to the vessel the same re- are proud to carry forward by serving progress in developing a more effective sult that other vessels in the Aqueos on the board of advisors at University approach to improving child welfare. I Acadian’s class have, through a pre- of New Hampshire’s Warren B. Rudman thank Chairman BAUCUS and Senator vious legislative grandfather provision, Center for Justice, Leadership, and COLLINS for their leadership on this im- that allows those vessels’ GRT and ITC Public Policy. And as students across portant issue and I ask all of my col- tonnage to be the same. This second the country continue to learn about leagues to support this important bi- step would not give the vessel a com- Senator Rudman, we take great pride partisan legislation. petitive advantage relative to other

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As time goes by, the vessel is The Sergei Magnitsky Rule of Law assets in U.S. jurisdiction frozen, and losing out on potentially millions of and Accountability Act is named after prevented from using the U.S. banking dollars of domestic and international a man who witnessed the deep-seated system. work. rot that is a major part of Russia’s For the record, as a cosponsor of this It is not yet clear whether such an governance today and decided to ex- bill, I want to be absolutely crystal administrative solution can be pose it to the public. For those who clear on one particular point. While the achieved. I understand the concern ad- might be unfamiliar with the case, Mr. death of Mr. Magnitsky is tragic, this dressed by the ITC about vessels hav- Magnitsky was an accountant with bill is not reserved just for those ing substantially changed size, and I Hermitage Capitol Management, which complicit in his death. This legislation agree that a larger vessel should be had publicly disclosed several in- not only applies to those involved in regulated at a larger tonnage. Unfortu- stances of alleged Russian Government the death of Mr. Magnitsky, but it also nately, the way that the ITC addresses and corporate corruption related to applies to those involved in, as the bill this situation is to forever assign a ves- state-run industries. The company’s states, ‘‘extrajudicial killings, torture, sel a higher tonnage even if tonnage founder, Bill Browder, was expelled or other gross violations of human has been actually reduced. This vessel from Russia by government bureau- rights committed against individuals should be recognized to its lower ton- crats who viewed him as a threat. In seeking to expose illegal activity car- nage and should not be forced into a re- 2007, Russian authorities raided Her- ried out by officials of the Government gime that does not recognize its cir- mitage’s offices and subsequently ac- of the Russian Federation; or to ob- cumstance. I believe we should seek ad- cused the firm of tax evasion and owing tain, exercise, defend, or promote ditional legislative language that hundreds of millions of dollars in back internationally recognized human would correct the international ton- taxes. Mr. Magnitsky investigated rights and freedoms, such as the free- nage problem, but in the interim I look these charges and discovered that it doms of religion, expression, associa- forward to continuing to work with the was the police who had provided seized tion, and assembly and the rights to a Coast Guard and encourage the agency tax records to Russian criminal ele- fair trial and democratic elections, to develop an administrative solution ments who then falsified documents anywhere in the world.’’ Further, any- to this situation. and received a $230 million rebate from one assisting those involved in the abuses described in the legislation can, f the Russian treasury—the largest in Russian history. and should, be targeted. PASSAGE OF THE RUSSIA AND What is shocking is that when Mr. During Senate debate my colleagues, MOLDOVA JACKSON-VANIK RE- Magnitsky went to the Russian Gov- Senator MCCAIN and Senator WICKER, PEAL ACT ernment with the evidence he uncov- spoke eloquently about the ability to Mr. RISCH. Mr. President, I rise ered in 2008, he was the one arrested hold human rights abusers accountable today to recognize Congress for passing and jailed. He was held 11 months with- and in particular cited the cases of Mi- an important piece of legislation—the out trial, became sick, and was denied khail Khodorkovsky and Planton Sergei Magnitsky Rule of Law and Ac- medical treatment and visits by his Lebedev—other recognized political countability Act incorporated into the family. Mr. Magnitsky was held in hor- prisoners. To quote my friend from Ari- Russia and Moldova Jackson-Vanik Re- rible conditions. According to his zona discussing the situation in Russia peal Act of 2012. As a member of the diary, Russian authorities reputedly today: Foreign Relations Committee, I must pressured him to recant his accusa- This culture of impunity in Russia has note it is one of the most important been growing worse and worse over many tions and instead accuse Hermitage of years. It has been deepened by the increased pieces of foreign policy legislation financial crimes. On November 16, 2009, surveillance and harassment of members of dealing with human rights we have Mr. Magnitsky died in Russian cus- opposition and civil society groups . . . by taken up in recent years. In particular, tody. According to the head of the Mos- the continued violent attacks on brave jour- I want to commend my colleague, Sen- cow Helsinki Group, Ludmila nalists who dare to publish the truth about ator CARDIN, for his work on the Alekseeva, Magnitsky had died from official corruption and other state crimes in Magnitsky Act. Bringing Russia into beatings and torture carried out by Russia today . . . and of course, by the con- the World Trade Organization, WTO, is several officers of Russia’s Ministry of tinued detention of numerous political pris- oners, not least Mikhail Khodorkovsky and a good thing. The WTO is a rules-based Interior. Some people also point to the his associate Platon Lebedev, who remain organization that will create a level deliberate denial of medical care for locked away but not forgotten. playing field for U.S. companies that his illnesses as a contributing factor to The cases of Mr. Khodorkovsky and want to export their products to Rus- his death. In standing up for truth, jus- Mr. Lebedev, both jailed because of Mr. sia. tice, and the rule of law, Mr. Putin’s sanctioned theft and destruc- As committed as we are to strength- Magnitsky gave the Russian people his tion of the oil company, Yukos Oil, ening trade links between the United life. To date, not one senior govern- headed by Mr. Khodorkovsky, falls States and Russia, we must be even ment official has been held responsible squarely within the parameters of this more dedicated to promoting the rule for his death. Instead, in a gesture of legislation. of law and protecting the brave Rus- mockery, last February the Russian Mr. Khodorkovsky, a businessman, sian individuals and organizations police resubmitted a criminal case was falsely accused of tax evasion and fighting for democracy and human against Mr. Magnitsky, making him jailed in 2003 after engaging in politics rights. This is why the Magnitsky Act the first Russian citizen to be tried and forcing a discussion of corruption is so important. In the year following after his death. in Russia. His close friend and business Mr. Putin’s return to the Presidency, The Magnitsky Act takes a measured partner, Planton Lebedev, was also he has built on his repressive record by and targeted approach to identifying jailed as part of the theft of Yukos Oil. instituting laws that crack down on and dealing with those who are respon- Both are widely considered political freedom of expression, assembly, and sible for egregious human rights and prisoners—in 2011 Amnesty Inter- association. A new law makes it easier antidemocratic activities throughout national declared them political pris- for the state to accuse a person of trea- Russia. This bill allows the Secretary oners—and there have been numerous son and members of a female rock band of State to identify and compile a list House and Senate resolutions that have been jailed for criticizing Mr. of people responsible for the death of have highlighted Mr. Khodorkovsky’s Putin. These measures are designed to Magnitsky, engaged in its coverup, or and Mr. Lebedev’s cases. strike back at a rapidly increasing seg- having financially benefited from his But they are not the only ones. Mr. ment of Russian society demanding an death. The bill offers significant sanc- Khodorkovsky and Mr. Lebedev remain

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Her IMPROPER PAYMENTS ELIMI- after Mr. Khodorkovsky’s arrest in case would be captured by this legisla- NATION AND RECOVERY IM- 2003, Mr. Alexanyan, a Harvard Law tion if those responsible can be identi- PROVEMENT ACT School graduate and former Yukos gen- fied. eral counsel, stepped up in March 2006 Let’s not forget that we are demand- Mr. CARPER. Mr. President, this to assume the position of executive ing Russia abide by the international week, the Senate passed the Improper vice president of Yukos. At the time agreements that it has ratified and live Payments Elimination and Recovery the company was being forced through up to the expectations of the organiza- Improvement Act of 2012, The IPERA a state-orchestrated bankruptcy proc- tions it has joined. The Russian Fed- Improvement Act or H.R. 4053. Earlier ess. Alexanyan’s attempts to protect eration is a member of the United Na- this month, the House passed the same the company’s rights in this process tions, the Organization for Security legislation, which builds on the Im- ran up against the hostility of govern- and Co-operation in Europe, and the proper Payments Elimination and Re- ment authorities. Mr. Alexanyan was Council of Europe. It is also a party to covery Act of 2010 (IPERA) by taking jailed on April 6, 2006. He was held in the Convention against Torture and additional steps to identify and prevent horrible conditions during his pretrial Other Cruel, Inhuman or Degrading improper payments by Federal agen- detention in a freezing cell and sub- Treatment or Punishment, the Inter- cies. I look forward to seeing the Presi- jected to torture. The authorities knew national Covenant on Civil and Polit- dent sign into law this important, bi- he had HIV and a compromised im- ical Rights, the UN Convention against partisan legislation. mune system. They attempted to make Corruption, and the European Conven- The Improper Payments Elimination him give testimony against Mr. tion on Human Rights. and Recovery Improvement Act of 2012 Khodorkovsky and Mr. Lebedev and This legislation is narrowly targeted goes beyond IPERA’s goals for curbing others at Yukos in exchange for better to hold accountable specific persons for agencies’ improper payments with treatment and medicine. He refused. the most heinous of crimes and rep- three main concepts, including provi- The European Court of Human Rights resents a core U.S. foreign policy sions that: expand requirements and repeatedly issued interim measures to value. It is also consistent with tar- strengthen estimates for agencies’ im- the Russian authorities requesting geted sanctions the United States has proper payments; mandate the estab- medical care be provided to Alexanyan. imposed on other countries with major lishment of a government-wide ‘‘Do The authorities did not comply, leav- human rights concerns. Not Pay’’ program; and prevent pay- ing Alexanyan without antiretroviral This also strengthens the President’s ments to deceased individuals. As my treatment for almost 2 years. Because National Security Strategy announced colleagues know, improper payments of this state-sponsored torture, he died last May, PSD–10, by ‘‘closing gaps’’ in are payments made in error, such as when he was just 39 years old. our legal system so our country does payments made to the wrong person or More than 50 criminal cases against not inadvertently become a haven for in the wrong amount. These kinds of Yukos executives, employees, and oth- human rights violators. He enumerated preventable mistake unfortunately re- ers associated with Khodorkovsky or grounds for denying admission to the sult in billions of lost taxpayer dollars Yukos have been filed by Russian au- United States, and this legislation every year. thorities. The strategy of Russian in- complements his initiative by pro- Although we have made great strides vestigators has involved investigating viding a statutory, legal guidelines for in curbing improper payments in the or prosecuting business partners, jun- the administration. past year, we still have a ways to go to iors, or even bystanders to obtain This bill enjoys enormous bipartisan improve transparency and make agen- statements or court rulings that would and bicameral support with a 365 to 43 cies and agency leadership more ac- produce ‘‘evidence’’ and establish the vote in the House of Representatives countable for better protecting the tax- ‘‘facts’’ they needed for their trumped and 92 votes in the Senate. In short, payer dollars we entrust to them. At a up charges against Mr. Khodorkovsky there is consensus for this bill and an time of record deficits, we need to be and others connected with Yukos. understanding of the types of cases getting the most out of every dollar There is no question the continuing that fall within the Magnitsky Act’s and cannot afford to waste more than a incarceration of Mr. Khodorkovsky and parameters. In Russia, the Magnitsky hundred billion annually. I will con- Mr. Lebedev is a human rights abuse. Act will serve as a deterrent to those tinue to work with my colleagues in The European Court for Human Rights engaged in oppression and provide a Congress and the Administration to see ruled that violations of Mr. shield to millions of Russian activists that these measures are enacted, and Khodorkovsky’s fundamental human determined to secure greater human properly and efficiently implemented. rights did occur in connection with his rights and establish the rule of law. The bipartisan legislation requires arrest and detention between 2003 and This bill gives hope to Russian civil so- several important steps to curb Federal 2005—including degrading prison condi- ciety and to echo my friend from Arizo- Government waste and fraud. tions, inhuman and degrading condi- na’s eloquent comment to Mr. First, the bill requires agencies to tions in the courtroom throughout his Khodorkovsky and Mr. Lebedev that strengthen the estimation of improper first trial, detention unjustified by ‘‘they are not forgotten.’’ Those in payments. The legislation requires im- compelling reasons outweighing the Russia who are oppressed, intimidated, proved and more consistent reporting presumption of liberty, and unfair or suffering because they are seeking of improper payment estimates by Fed- hearings reviewing his detention. The democracy, truth and justice should eral agencies, based on recommenda- court has raised similar concerns with know they are not forgotten and your tions from the Department of Defense Mr. Lebedev. spirit and determination inspire us. inspector general and the Government Other cases are also clear cut, such The fact that certain Russian Gov- Accountability Office. The legislation, as Anna Politkovskaya, the renowned ernment officials have lashed out for example, would prevent agencies journalist and Kremlin critic, who was against this law speaks to the powerful from relying only on voluntary disclo- shot dead while entering her apartment tool it can be in support of democracy sure of improper payments by contrac- building on October 7, 2006. Ms. and human rights in Russia. It is not tors, as well as require agencies to Politkovskaya rose to prominence for enough to pass this law—the United produce documentation to prove a pay- her in-depth coverage of the war in States must now publically hold those ment was correct. Chechnya, exposing incidents of state- accountable for persecuting Mr. Second, the bill mandates the estab- sponsored torture, mass executions, Khodorkovsky, Mr. Lebedev, and so lishment of a government wide ‘‘Do

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After 10 years of distin- MISS UNIVERSE bility screening before payments are guished service she is stepping down made. Through the initiative, before an Mr. WHITEHOUSE. Mr. President, I from her post and I rise to honor her agency could award a contract or am pleased to offer my sincere con- today. grant, the agency would have to cross gratulations to Olivia Culpo, a native Before being selected president of the check against the ‘‘Do Not Pay’’ data- of Cranston, RI, on being crowned Miss university, Ann served Weber in a vari- base, which will include a central com- Universe. After being crowned Miss ety of capacities including vice presi- prehensive database of individuals, Rhode Island USA in her first ever pag- dent for university relations, associate contractors, and others who may be in- eant competition last year, Olivia’s dean of continuing education, assistant eligible to receive Federal funds, such rise to Miss Universe has been nothing vice president for community partner- as companies that are no longer al- short of meteoric. In quick succession ships and director of outreach edu- lowed to do work with the Federal Gov- she became the first Rhode Islander to cation in the school of allied health ernment because of a fraud conviction ever win the Miss USA competition, services. President Millner brought or similar reason. and is now the first Miss USA to win with her a well-rounded resume of lead- The administration is currently es- the Miss Universe pageant in over a ership in education gained at several tablishing a ‘‘Do Not Pay’’ program decade. She has made the people of our different universities. She served as based on the White House executive State very proud. education coordinator of the medical memorandum, Memorandum on En- The Miss Universe title is an ac- technology program at Vanderbilt Uni- hancing Payment Accuracy Through a knowledgement of Olivia’s exceptional versity, instructional developer in ‘‘Do Not Pay List.’’ However, there was intelligence, talent, and compassion. medical technology at Thomas Jeffer- no statutory mandate to proceed. The She was recognized by the National son University, a lecturer at the school legislation establishes the ‘‘Do Not Honor Society for her academic excel- of health professions, Southwest Texas Pay’’ program in law throughout the lence at Rhode Island’s St. Mary’s State University, and associate direc- Federal Government under a specific Academy Bay View. She currently at- tor of continuing education at the timetable. tends Boston University in neighboring Edmonda campus of Gwynedd-Mercy Third, the legislation targets death Massachusetts, where she has made the College. Ann has given her career to fraud and improper payments to de- dean’s list every semester. the pursuit of improving educational ceased individuals. Improper payments In addition to excelling in her stud- opportunities around the country and include those made to individuals who ies, Olivia is a talented and dedicated that motivation has been central to are deceased, and should therefore no musician. From a young age, her love her administration at Weber. longer be eligible under program rules, for music was cultivated by her proud In 2002, Ann was selected as president yet still receive payments. For exam- parents, Peter and Susan Culpo, them- of the university from a pool of 55 pos- ple, the Office of Personnel Manage- selves musicians. She took cello les- sible candidates. Regent George ment Inspector General reported that sons from second grade on, and has Mantes said, ‘‘In selecting a president $601 million in improper payments were since performed with the Rhode Island of Weber State University we looked made to Federal retirees found to have Philharmonic Youth Orchestra, Rhode for someone who could lead a univer- already died. However, such payments Island Philharmonic Chamber Ensem- sity that serves over 17,000 students to dead people were not unique to this ble, Bay View Orchestra, and Rhode Is- and who would also be seen as a com- one program. Improving the collection land All State Orchestra. This self-de- munity leader for Northern Utah. We and use by Federal agencies of data on scribed cellist nerd has also had the had terrific people to choose from and deceased beneficiaries will help curb honor of performing at Boston Sym- feel confident that in selecting Dr. hundreds of millions, if not billions of phony Hall and at Carnegie Hall in New Millner we have found the right person dollars, in improper payments. The York City, and she completed a tour of to fill both of these important roles.’’ IPERA Improvement Act requires that England in 2010. Mr. Mantes and the selection commit- Olivia has already demonstrated a the Office of Management and Budget, tee’s confidence in President Millner strong drive to make a difference in in consultation with other agencies has paid off. Under her leadership her community and her country. Ear- and stakeholders, determine a plan for Weber State University opened a new lier this year, I had the opportunity to curbing improper payments to deceased campus in Davis and enrollment in- meet with Olivia here in my Wash- individuals. creased from 17,000 to 25,000. The uni- Finally, the legislation requires that ington office, where she advocated pas- versity has added a number of new pro- the Office of Management and Budget sionately for Federal support of ovar- grams, certificates, baccalaureate and report to Congress on the current ef- ian cancer research. I share her deep graduate degrees including seven mas- forts by agencies to recover improper concern about the terrible effects of ters degree programs and countless on- payments, including a listing of agen- cancer. She is a valuable ally in the line course work which all serve to cies that employ outside contractors search for a cure. both enhance and expand the edu- Olivia has given the Ocean State for recovery efforts, and their current cational opportunities offered to stu- something to be proud of. I am grateful levels and targets for recoveries. This dents. Weber has gained particular ac- to Olivia Culpo for the example she reporting can easily be done as part of claim for its growing engineering Com- sets for our children and for being a the annual report on improper pay- puter and Electronics Engineering stellar and faithful representative of ments currently conducted by the Technology department, which focuses the State of Rhode Island on the world OMB. on training students in the innovations stage. I wish her all the best. I believe passage of the Improper and technologies of the future. In 2010 Payments Elimination and Recovery f President Millner announced the Improvement Act of 2012 represents an ADDITIONAL STATEMENTS ‘‘Dream Weber Program,’’ one of the important step toward curbing waste many scholarship and outreach pro- and fraud within the Federal Govern- grams her administration developed to ment. I look forward to working with TRIBUTE TO ANN MILLNER make higher education a possibility for the administration and Federal agen- ∑ Mr. LEE. Mr. President, Nelson those who would otherwise not have cies to implement the legislation’s pro- Mandela said, ‘‘Education is the most the opportunity.

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18145 The new and upgraded facilities on crease the quality and reach of edu- served as the lead drafter and nego- Weber’s campus stand as a powerful cation within the great State of Utah.∑ tiator of the Intelligence Reform and symbol of the legacy President Millner f Terrorism Prevention Act of 2004, leaves behind. In addition to an entire which enacted the Commission’s rec- TRIBUTE TO GORDON LEDERMAN new campus in Weber, President ommendations to create the Director Millner oversaw the construction of ∑ Mr. LIEBERMAN. Mr. President, in- of National Intelligence and National the Hurst Center for Lifelong Learning, cluded in the Department of Defense Counterterrorism Center. a two-story facility dedicated to help- Authorization Act is bipartisan, bi- Gordon also worked on the Commit- ing provide students with opportunities cameral legislation I co-sponsored ti- tee’s investigation into the flawed re- to continue education. She also tled ‘‘The Interagency Personnel Rota- sponse to Hurricane Katrina at all lev- oversaw the opening of Wildcat Vil- tion Act,’’ which seeks to improve the els of government. lage, a residential housing facility that efficiency and effectiveness of the Fed- In February 2006, Gordon joined the serves over 500 students with a fun, eral Government’s national and home- U.S. National Counterterrorism Center low-cost housing experience. She also land security operations by encour- to assist the Executive Branch in im- oversaw the construction and opening aging the temporary rotation of cer- plementing the legislation he helped of Elizabeth Hall, a state-of-the-art tain homeland and national security author. His work included the Center’s classroom building which features employees among the different agen- organizational strategy and internal multimedia capabilities, writing and cies that have homeland security mis- allocation of roles and responsibilities. tutoring centers and enough classroom sions. Gordon later returned to the Com- space to offer more classes than any Like the Goldwater-Nichols Act, mittee and was the lead investigator of other building on campus. These three which established the principle of the Committee’s inquiry into the mur- buildings exemplify some of President interagency rotation within our armed ders at Fort Hood on Nov. 5, 2009, when Millner’s major accomplishments dur- forces, this amendment will have the Maj. Nidal Hasan—a psychiatrist ing her presidency: to increase focus on effect of building trust and better com- trained by the U.S. Army at taxpayer education as a lifelong pursuit, to in- munications among these different expense—entered the Soldier Readiness crease educational opportunities and to agencies, thus enhancing their collec- Processing Center with two loaded pis- enhance educational experiences with tive efforts to safeguard our nation tols and opened fire, killing 13 and cutting-edge technologies and facili- from the terrorist threat. wounding 32. ties. Much of the credit for crafting this Following a 14-month investigation, President Millner brought with her a bipartisan legislation goes to Gordon the Committee released its report—‘‘A vision of the collaborative relationship Lederman, formerly Associate Staff Di- Ticking Time Bomb: Counterterrorism the university would have with the sur- rector and Chief Counsel for National Lessons from the U.S. Government’s rounding northern Utah community. In Security and Investigations on the Failure to Prevent the Fort Hood At- 2008, Weber State received the Carnegie Senate Homeland Security and Govern- tack,’’ of which Gordon was the lead Foundation’s Classification for Com- mental Affairs Committee. writer. munity Engagement, an award recog- Gordon left my Committee staff ear- The report detailed flawed practices nizing the collaboration ‘‘between edu- lier this year due to illness. However, and communications, both within and cational institutions and local, state, this legislation will add to his record of between the FBI and Department of regional, national and local commu- enhancing the security of our country, Defense, which allowed Hasan to re- nities for the mutually beneficial ex- and especially of breaking down the main in the military—and even be pro- change of knowledge and resources.’’ barriers to greater cooperation and col- moted—despite many warning signs Under her leadership, Weber State Uni- laboration between agencies that must that he was becoming dangerous. The versity also has taken part in the Utah work together to keep our country report also contained a series of rec- Science, Technology and Research safe. ommendations that, had they been in (USTAR) Initiative, which brings local Thomas Jefferson once asked the place, probably would have led to businesses and industries together with question: ‘‘What duty does a citizen Hasan’s dismissal from the Army and educational institutions to ‘‘help com- owe to the government that secures prodded the FBI, which was aware of mercialize high potential inventions, the society in which he lives?’’ Answer- Hasan’s suspicious actions, into a more enhance the climate for innovation and ing his own question, Jefferson said: aggressive investigation of his growing entrepreneurism and stimulate the cre- ‘‘A nation that rests on the will of the violent Islamist radicalization. ation of local enterprises.’’ The initia- people must also depend on individuals My time in the Senate is drawing to tive provides students with the oppor- to support its institutions if it is to a close. I have already given my fare- tunity to gain first-hand business expe- flourish. Persons qualified for public well address. However, I just wanted to rience and has had a tremendous posi- service should feel an obligation to take these few minutes to thank Gor- tive impact on the regional economy. make that contribution.’’ don Lederman for the Interagency Per- In the statement announcing her res- Gordon has selflessly answered Jef- sonnel Rotation Act into law, and for ignation, Ann quoted William James: ferson’s centuries old call and has had his career long dedication to making ‘‘The best use of life is to invest it in a distinguished career in public service our homeland more secure.∑ something that will outlast it.’’ She dedicated to the security of our Nation. followed by saying ‘‘the work you are Here are just a few highlights of Gor- f doing at this university will long out- don’s career. last our time here. Our students, their In 2003, Gordon joined the 9/11 Com- TRIBUTE TO KATHLEEN TURNER families, and generations to come—all mission staff and was responsible for ∑ Mrs. FEINSTEIN. Mr. President, this will be changed by what you are doing assessing the Intelligence Commu- month marks the retirement of Ms. and what the university will continue nity’s senior-level management struc- Kathleen Turner after nearly 32 years to do in the future!’’ While Ann may ture. His work included developing po- in government service, specifically have been addressing her remarks to tential recommendations for intel- working in various capacities in the in- the students, they are certainly just as ligence reform modeled on the Gold- telligence community. I commend her applicable to her own efforts. Ann’s water-Nichols Act as well as examining for her service to the Nation and wish tremendous vision and leadership has Congressional oversight. her the very best in her retirement. catapulted Weber State University to After the 9/11 Commission released Ms. Turner has had a varied and dis- national recognition and a growing its report in July 2004, Gordon moved tinguished career, having worked in reputation for educational excellence. to the Senate Homeland Security and different positions and capacities with- Sharon and I thank her for her service Governmental Affairs Committee as a in the intelligence community. For and for the charge she has led to in- special bipartisan staff member. He most of that time, Kathleen worked

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18146 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 where efforts and successes are not al- per. She always had suggestions for Mr. Novotny, one of its reading clerks, ways rewarded publicly. I am glad we ways to work through problems, and announced that the House has passed can do so here today. could translate issues and perspectives the following bills, without amend- I have known Kathleen mostly in her between intelligence-speak and con- ment: capacity as the director of the Office of gressional-speak. Kathleen could also S. 925. An act to designate Mt. Andrea Legislative Affairs for the Office of the work a room—she knew every Member Lawrence. Director of National Intelligence, a po- on the committee and all of our staff, S.J. Res. 49. Joint resolution providing for sition she assumed in the summer of and knew what questions needed an- the appointment of Barbara Barrett as a cit- 2006. For the last 6 years, Ms. Turner swers or what policies were being pro- izen regent of the Board of Regents of the has had the sometimes unenviable job posed. Smithsonian Institution. of representing the intelligence com- I must say, it is a good thing for The message also announced that the munity on Capitol Hill and rep- Kathleen that she has retired from leg- House has passed the following bills, in resenting Capitol Hill to the intel- islative affairs, as the delay in reau- which it requests the concurrence of ligence community. thorizing FISA legislation now, only 10 the Senate: Ms. Turner is the daughter of Robert days from its expiration at the end of H.R. 1509. An act to amend title II of the and Beverly Turner, a television repair the year, would have been keeping her Social Security Act to prohibit the inclusion shop owner and homemaker respec- up around the clock and adding one of Social Security account numbers on Medi- tively, and was born and raised in the more time when Congress’ special way care cards. small suburban town of Pacific Pali- H.R. 3197. An act to name the Department of doing things caused stress and ag- of Veterans Affairs medical center in Spo- sades, in my State of California. gravation to all involved. kane, Washington, as the ‘‘Mann-Grandstaff Kathleen is the fifth of seven chil- On a more personal note, Kathleen’s Department of Veterans Affairs Medical Cen- dren and she went to UCLA and ma- most direct contribution to me was her ter’’. jored in political science and then idea, which she then brought to fru- H.R. 3378. An act to designate the facility came to the East Coast. I am willing to ition, to bring together a group of sen- of the United States Postal Service located forgive her for this lapse in judgment. ior women in the intelligence commu- at 220 Elm Avenue in Munising, Michigan, as Kathleen received a master’s degree in nity and me for a dinner on November the ‘‘Elizabeth L. Kinnunen Post Office international relations from the Johns Building’’. 7, 2011 at the Hay Adams Hotel. It was H.R. 3869. An act to designate the facility Hopkins School of Advanced Inter- a hit. Since then, the group has gotten of the United States Postal Service located national Studies. When she completed together three more times, twice at my at 600 East Capitol Avenue in Little Rock, her master’s, she went right into the house and once more at a restaurant, Arkansas, as the ‘‘Sidney ‘Sid’ Sanders Defense Intelligence Agency. and we have really gotten to know McMath Post Office Building’’. Ms. Turner started her professional each other and build a relationship be- H.R. 4389. An act to designate the facility career with DIA as an analyst of Soviet yond our meetings across the meeting of the United States Postal Service located strategic forces. She served as the In- or witness table. at 19 East Merced Street in Fowler, Cali- fornia, as the ‘‘Cecil E. Bolt Post Office’’. telligence Liaison Officer to the Stra- Throughout her career and travels tegic Defense Initiative Office, and H.R. 6260. An act to designate the facility around the world, I know Kathleen has of the United States Postal Service located later served as the Senior Analyst for had the loving support of her husband, at 211 Hope Street in Mountain View, Cali- Russia and Eurasia, managing all mili- Bob Sparks, who is the son of a naval fornia, as the ‘‘Lieutenant Kenneth M. tary intelligence analysis on these re- officer. Bob was educated at the Vir- Ballard Memorial Post Office’’. gions. During the 1990s, Ms. Turner pro- ginia Military Institute and then at H.R. 6379. An act to designate the facility gressively served as DIA’s Director of the University of Virginia for law of the United States Postal Service located Human Resources, the Director of Ad- school. He currently practices law in at 6239 Savannah Highway in Ravenel, South Carolina, as the ‘‘Representative Curtis B. ministration, and the manager of the Northern Virginia. With her retire- DIA and General Defense Intelligence lnabinett, Sr. Post Office’’. ment, Kathleen and Bob look forward H.R. 6443. An act to designate the facility Program and budget office. Starting in to spending more time together and on of the Department of Veterans Affairs lo- 2002, Ms. Turner served as DIA’s Direc- the water. cated at 9800 West Commercial Boulevard in tor of Congressional and Public Affairs. I am pleased to be able to thank Sunrise, Florida, as the ‘‘William ‘Bill’ Kling In short, in her 24 years at DIA, Kathleen Turner for her service and VA Clinic’’. Kathleen did and saw every aspect of wish her all the very best in all her fu- H.R. 6587. An act to designate the facility intelligence work in one of the few in- ture endeavors.∑ of the United States Postal Service located telligence agencies to perform every at 225 Simi Village Drive in Simi Valley, kind of intelligence operation. f California, as the ‘‘Postal Inspector Terry Asbury Post Office Building’’. That, combined with her outgoing MESSAGES FROM THE PRESIDENT H.R. 6684. An act to provide for spending personality and ability to juggle many Messages from the President of the reduction. tasks at once, made her a natural United States were communicated to ENROLLED BILLS AND JOINT RESOLUTION choice to join the Legislative Affairs the Senate by Mr. Thomas, one of his SIGNED Office for the first Director of National secretaries. At 2:29 p.m., a message from the Intelligence, John Negroponte, in Octo- House of Representatives, delivered by f ber 2005 as that office was standing up. Mr. Novotny, one of its reading clerks, She quickly became the DNI’s Director EXECUTIVE MESSAGES REFERRED announced that the Speaker has signed of Legislative Affairs in July 2006. As the following bills and joint resolution: Director, she was responsible for the As in executive session the Presiding Officer laid before the Senate messages H.R. 3477. An act to designate the facility Office of the DNI’s interactions with of the United States Postal Service located the Congress, and informing the Office from the President of the United States submitting sundry nominations at 133 Hare Road in Crosby, Texas, as the of the DNI seniors of Congressional in- Army First Sergeant David McNerney Post terests and perspectives on intelligence and a withdrawal which were referred Office Building. matters. In addition, Ms. Turner pro- to the appropriate committees. H.R. 3870. An act to designate the facility vided policy guidance to all 16 intel- (The messages received today are of the United States Postal Service located ligence community legislative affairs printed at the end of the Senate pro- at 6083 Highway 36 West in Rose Bud, Arkan- offices. ceedings.) sas, as the ‘‘Nicky ‘Nick’ Daniel Bacon Post I got to know Kathleen in the job Office’’. f H.R. 3912. An act to designate the facility when I became chairman of the Intel- MESSAGES FROM THE HOUSE of the United States Postal Service located ligence Committee in January 2009, at 110 Mastic Road in Mastic Beach, New through numerous meetings with DNI At 1:03 p.m., a message from the York, as the ‘‘Brigadier General Nathaniel Dennis Blair and then DNI Jim Clap- House of Representatives, delivered by Woodhull Post Office Building’’.

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18147 H.R. 5738. An act to designate the facility Report; to the Committee on Homeland Se- Homeland Security and Governmental Af- of the United States Postal Service located curity and Governmental Affairs. fairs. at 15285 Samohin Drive in Macomb, Michi- EC–8675. A communication from the Chair- EC–8686. A communication from the Ad- gan, as the ‘‘Lance Cpl. Anthony A. DiLisio man of the Securities and Exchange Com- ministrator, Federal Emergency Manage- Clinton-Macomb Carrier Annex’’. mission, transmitting, pursuant to law, the ment Agency, Department of Homeland Se- H.R. 5837. An act to designate the facility Semiannual Report of the Inspector General curity, transmitting, pursuant to law, a re- of the United States Postal Service located and a Management Report for the period port relative to the cost of response and re- at 26 East Genesee Street in Baldwinsville, from April 1, 2012 through September 30, 2012; covery efforts for FEMA–3353–EM in the New York, as the ‘‘Corporal Kyle Schneider to the Committee on Homeland Security and State of Connecticut having exceeded the Post Office Building’’. Governmental Affairs. $5,000,000 limit for a single emergency dec- H.R. 5954. An act to designate the facility EC–8676. A communication from the Pre- laration; to the Committee on Homeland Se- of the United States Postal Service located siding Governor of the Broadcasting Board of curity and Governmental Affairs. EC–8687. A communication from the Sec- at 320 7th Street in Ellwood City, Pennsyl- Governors, transmitting, pursuant to law, retary of Housing and Urban Development, vania, as the ‘‘Sergeant Leslie H. Sabo, Jr. the Office of Inspector General’s Semiannual transmitting, pursuant to law, the Office of Post Office Building’’. Report for the period of April 1, 2012 through the Inspector General’s Semiannual Report H.J. Res. 122. Joint resolution establishing September 30, 2012; to the Committee on for the period of April 1, 2012 through Sep- the date for the counting of the electoral Homeland Security and Governmental Af- tember 30, 2012; to the Committee on Home- votes for President and Vice President cast fairs. land Security and Governmental Affairs. by the electors in December 2012. EC–8677. A communication from the Direc- EC–8688. A communication from the Dep- The enrolled bills and joint resolu- tor, Office of Personnel Management, trans- uty Secretary of Defense, transmitting, pur- tion were subsequently signed by the mitting, pursuant to law, the Semiannual suant to law, the Department of Defense’s Report of the Inspector General for the pe- President pro tempore (Mr. LEAHY) Semiannual Report of the Inspector General riod from April 1, 2012 through September 30, for the period from April 1, 2012 through Sep- 2012 and the Management Response for the At 3:10 p.m., a message from the tember 30, 2012; to the Committee on Home- period ending September 30, 2012; to the land Security and Governmental Affairs. House of Representatives, delivered by Committee on Homeland Security and Gov- EC–8689. A communication from the Ad- Mr. Novotny, one of its reading clerks, ernmental Affairs. ministrator of the Environmental Protection announced that the House has agreed EC–8678. A communication from the Chair- Agency, transmitting, pursuant to law, the to the following concurrent resolution, man, Federal Maritime Commission, trans- Semi-Annual Report of the Inspector Gen- in which it requests the concurrence of mitting, pursuant to law, the Commission’s eral for the period from April 1, 2012 through the Senate: Fiscal Year 2012 Performance and Account- September 30, 2012 and the Compendium of ability Report; to the Committee on Home- Unimplemented Recommendations as of Sep- H. Con. Res. 146. Concurrent resolution land Security and Governmental Affairs. tember 30, 2012; to the Committee on Home- providing for a conditional adjournment of EC–8679. A communication from the Chair- land Security and Governmental Affairs. the House of Representatives and a condi- man, Occupational Safety and Health Review EC–8690. A communication from the Chair- tional recess or adjournment of the Senate. Commission, transmitting, pursuant to law, man and President of the Export-Import f the Commission’s Performance and Account- Bank, transmitting, pursuant to law, the ability Report for fiscal year 2012; to the Semi-Annual Report of the Inspector Gen- MEASURES REFERRED Committee on Homeland Security and Gov- eral for the period from April 1, 2012 through The following bills were read the first ernmental Affairs. September 30, 2012; to the Committee on and the second times by unanimous EC–8680. A communication from the Acting Homeland Security and Governmental Af- fairs. consent, and referred as indicated: Director of the Peace Corps, transmitting, pursuant to law, the Office of Inspector Gen- EC–8691. A communication from the Senior H.R. 1509. An act to amend title II of the eral’s Semiannual Report for the period of Procurement Executive/Deputy Chief Acqui- Social Security Act to prohibit the inclusion April 1, 2012 through September 30, 2012; to sition Officer, Office of Acquisition Policy, of Social Security account numbers on Medi- the Committee on Homeland Security and General Services Administration, transmit- care cards; to the Committee on Finance. Governmental Affairs. ting, pursuant to law, the report of a rule en- H.R. 3197. An act to name the Department EC–8681. A communication from the Chair titled ‘‘Federal Acquisition Regulation; of Veterans Affairs medical center in Spo- of the Equal Employment Opportunity Com- Small Entity Compliance Guide’’ (FAC 2005– kane, Washington, as the ‘‘Mann-Grandstaff mission, transmitting, pursuant to law, the 64) received in the Office of the President of Department of Veterans Affairs Medical Cen- Commission’s Semiannual Report of the In- the Senate on December 21, 2012; to the Com- ter’’; to the Committee on Veterans’ Affairs. spector General for the period from April 1, mittee on Homeland Security and Govern- H.R. 6443. An act to designate the facility 2012 through September 30, 2012; to the Com- mental Affairs. of the Department of Veterans Affairs lo- mittee on Homeland Security and Govern- EC–8692. A communication from the Senior Procurement Executive/Deputy Chief Acqui- cated at 9800 West Commercial Boulevard in mental Affairs. sition Officer, Office of Acquisition Policy, Sunrise, Florida, as the ‘‘William ‘Bill’ Kling EC–8682. A communication from the Sec- General Services Administration, transmit- VA Clinic’’; to the Committee on Veterans’’ retary of Education, transmitting, pursuant ting, pursuant to law, the report of a rule en- Affairs. to law, the Semiannual Report of the Office titled ‘‘Federal Acquisition Regulation; Fed- of Inspector General for the Department of f eral Acquisition Circular 2005–64, Introduc- Education for the period of April 1, 2012 tion’’ (FAC 2005–64) received in the Office of EXECUTIVE AND OTHER through September 30, 2012; to the Com- the President of the Senate on December 19, COMMUNICATIONS mittee on Homeland Security and Govern- 2012; to the Committee on Homeland Secu- mental Affairs. The following communications were rity and Governmental Affairs. laid before the Senate, together with EC–8683. A communication from the Ad- EC–8693. A communication from the Senior ministrator of the Small Business Adminis- Procurement Executive/Deputy Chief Acqui- accompanying papers, reports, and doc- tration, transmitting, pursuant to law, the uments, and were referred as indicated: sition Officer, Office of Acquisition Policy, Semiannual Report from the Office of the In- General Services Administration, transmit- EC–8673. A communication from the Senior spector General for the period from April 1, ting, pursuant to law, the report of a rule en- Procurement Executive/Deputy Chief Acqui- 2012 through September 30, 2012; to the Com- titled ‘‘Federal Acquisition Regulation; Non- sition Officer, Office of Acquisition Policy, mittee on Homeland Security and Govern- displacement of Qualified Workers Under General Services Administration, transmit- mental Affairs. Service Contracts’’ ((RIN9000–AM21) (FAC ting, pursuant to law, the report of a rule en- EC–8684. A communication from the Chair- 2005–64)) received in the Office of the Presi- titled ‘‘Federal Acquisition Regulation; Fed- man of the Consumer Product Safety Com- dent of the Senate on December 19, 2012; to eral Acquisition Circular 2005–63, Introduc- mission, transmitting, pursuant to law, the the Committee on Homeland Security and tion’’ (FAC 2005–63) received in the Office of Commission’s Annual Performance and Ac- Governmental Affairs. the President of the Senate on December 10, countability Report for fiscal year 2012; to EC–8694. A communication from the Acting 2012; to the Committee on Homeland Secu- the Committee on Homeland Security and Congressional Review Coordinator, Animal rity and Governmental Affairs. Governmental Affairs. and Plant Health Inspection Service, Depart- EC–8674. A communication from the Board EC–8685. A communication from the Chair- ment of Agriculture, transmitting, pursuant Members, Railroad Retirement Board, trans- man of the Consumer Product Safety Com- to law, the report of a rule entitled ‘‘Impor- mitting, pursuant to law, the Railroad Re- mission, transmitting, pursuant to law, the tation of Live Swine, Swine Semen, Pork, tirement Board’s Performance and Account- Semi-Annual Report of the Inspector Gen- and Pork Products; Estonia, Hungary, Slo- ability Report for Fiscal Year 2012, including eral for the period from April 1, 2012 through vakia, and Slovenia’’ ((RIN0579–AD20) (Dock- the Office of Inspector General’s Auditor’s September 30, 2012; to the Committee on et No. APHIS–2008–043)) received in the Office

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18148 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 of the President of the Senate on December trol, Department of the Treasury, transmit- Quality Implementation Plans; Idaho; Up- 19, 2012; to the Committee on Agriculture, ting, pursuant to law, the report of a rule en- date to Materials Incorporated by Ref- Nutrition, and Forestry. titled ‘‘Iranian Transactions and Sanctions erence’’ (FRL No. 9726–4) received in the Of- EC–8695. A communication from the Direc- Regulations’’ (31 CFR Part 560) received in fice of the President of the Senate on Decem- tor of the Regulatory Management Division, the Office of the President of the Senate on ber 20, 2012; to the Committee on Environ- Environmental Protection Agency, transmit- December 20, 2012; to the Committee on ment and Public Works. ting, pursuant to law, the report of a rule en- Banking , Housing, and Urban Affairs. EC–8712. A communication from the Direc- titled ‘‘Pyraflufen-ethyl; Extension of Time- EC–8705. A communication from the Chief tor of the Regulatory Management Division, Limited Pesticide Tolerances’’ (FRL No. Counsel, Federal Emergency Management Environmental Protection Agency, transmit- 9373–5) received in the Office of the President Agency, Department of Homeland Security, ting, pursuant to law, the report of a rule en- of the Senate on December 20, 2012; to the transmitting, pursuant to law, the report of titled ‘‘Approval and Promulgation of Air Committee on Agriculture, Nutrition, and a rule entitled ‘‘Final Flood Elevation Deter- Quality Implementation Plans; West Vir- Forestry. minations’’ ((44 CFR Part 67) (Docket No. ginia; Redesignation of the West Virginia EC–8696. A communication from the Acting FEMA–2012–0003)) received in the Office of Portion of the Huntington-Ashland, WV–KY– Principal Deputy (Personnel and Readiness), the President of the Senate on December 19, OH 1997 Annual Fine Particulate Matter Nonattainment Area to Attainment and Ap- Department of Defense, transmitting, pursu- 2012; to the Committee on Banking, Housing, proval of the Associated Maintenance Plan’’ ant to law, a report relative to the feasi- and Urban Affairs. (FRL No. 9764–4) received in the Office of the bility and advisability of terminating the EC–8706. A communication from the Assist- President of the Senate on December 20, 2012; military technician as a distinct personnel ant General Counsel for Legislation, Regula- to the Committee on Environment and Pub- management category of the Department of tion and Energy Efficiency, Department of lic Works. Defense; to the Committee on Armed Serv- Energy, transmitting, pursuant to law, the EC–8713. A communication from the Chief ices . report of a rule entitled ‘‘Energy Conserva- of the Publications and Regulations Branch, EC–8697. A communication from the Senior tion Program for Consumer Products: Test Internal Revenue Service, Department of the Procurement Executive/Deputy Chief Acqui- Procedures for Residential Water Heaters, Treasury, transmitting, pursuant to law, the sition Officer, Office of Acquisition Policy, Direct Heating Equipment, and Pool Heaters report of a rule entitled ‘‘Appeals Settle- General Services Administration, transmit- (Standby Mode and Off Mode)’’ (RIN1904– ment Guidelines—Military Disability Retire- ting, pursuant to law, the report of a rule en- AB95) received in the Office of the President ment Benefits’’ (UIL No: 104.04–00, 122.01–00) titled ‘‘Federal Acquisition Regulation; of the Senate on December 21, 2012; to the received in the Office of the President of the Small Entity Compliance Guide’’ (FAC 2005– Committee on Energy and Natural Re- Senate on December 21, 2012; to the Com- 63) received in the Office of the President of sources. mittee on Finance. the Senate on December 21, 2012; to the Com- EC–8707. A communication from the Ad- EC–8714. A communication from the Chief mittee on Homeland Security and Govern- ministrator of the U.S. Energy Information of the Publications and Regulations Branch, mental Affairs. Administration, Department of Energy, Internal Revenue Service, Department of the EC–8698. A communication from the Senior transmitting, pursuant to law, a report enti- Treasury, transmitting, pursuant to law, the Procurement Executive/Deputy Chief Acqui- tled ‘‘The Availability and Price of Petro- report of a rule entitled ‘‘Applicable Federal sition Officer, Office of Acquisition Policy, leum and Petroleum Products Produced in Rates—January 2013’’ (Rev. Rul. 2013–1) re- General Services Administration, transmit- Countries Other Than Iran’’; to the Com- ceived in the Office of the President of the ting, pursuant to law, the report of a rule en- mittee on Energy and Natural Resources. Senate on December 21, 2012; to the Com- titled ‘‘Federal Acquisition Regulation; Iran EC–8708. A communication from the Direc- mittee on Finance. Threat Reduction’’ ((RIN9000–AM44) (FAC tor of the Regulatory Management Division, EC–8715. A communication from the Chief 2005–63)) received in the Office of the Presi- Environmental Protection Agency, transmit- of the Border Security Regulations Branch, dent of the Senate on December 21, 2012; to ting, pursuant to law, the report of a rule en- Customs and Border Protection, Department the Committee on Homeland Security and titled ‘‘Approval and Promulgation of Imple- of Homeland Security, transmitting, pursu- Governmental Affairs. mentation Plans and Designation of Areas ant to law, the report of a rule entitled EC–8699. A communication from the Sec- for Air Quality Planning Purposes; Ken- ‘‘Closing of the Port of Whitetail, MT’’ retary of Transportation, transmitting, pur- tucky; Redesignation of the Kentucky Por- (RIN1651–AA93) received in the Office of the suant to law, the Department of Transpor- tion of the Huntington-Ashland, WV–KY–OH President of the Senate on December 20, 2012; tation’s Semiannual Report of the Inspector 1997 Annual Fine Particulate Matter Non- to the Committee on Commerce, Science, General for the period from April 1, 2012 attainment Area to Attainment’’ (FRL No. and Transportation. through September 30, 2012; to the Com- 9763–9) received in the Office of the President EC–8716. A communication from the Dep- mittee on Homeland Security and Govern- of the Senate on December 20, 2012; to the uty Assistant Administrator for Regulatory mental Affairs. Committee on Environment and Public Programs, Office of Sustainable Fisheries, EC–8700. A communication from the Acting Works. Department of Commerce, transmitting, pur- Principal Deputy Assistant Secretary of De- EC–8709. A communication from the Direc- suant to law, the report of a rule entitled fense (Personnel and Readiness), transmit- tor of the Regulatory Management Division, ‘‘Temporary Rule to Increase the Commer- ting a report on the approved retirement of Environmental Protection Agency, transmit- cial Annual Catch Limit for South Atlantic Lieutenant General Harry M. Wyatt III, Air ting, pursuant to law, the report of a rule en- Yellowtail Snapper’’ (RIN0648–BC59) received National Guard of the United States, and his titled ‘‘Approval and Promulgation of Imple- in the Office of the President of the Senate advancement to the grade of lieutenant gen- mentation Plans and Designation of Areas on December 20, 2012; to the Committee on eral on the retired list; to the Committee on for Air Quality Planning Purposes; South Commerce, Science, and Transportation. EC–8717. A communication from the Dep- Armed Services. Carolina; Redesignation of the Charlotte- uty Assistant Administrator for Regulatory EC–8701. A communication from the Acting Gastonia-Rock Hill, North Carolina-South Programs, Office of Sustainable Fisheries, Principal Deputy Assistant Secretary of De- Carolina 1997 8-Hour Ozone Moderate Non- Department of Commerce, transmitting, pur- fense (Reserve Affairs), transmitting, pursu- attainment Area to Attainment’’ (FRL No. suant to law, the report of a rule entitled ant to law, the annual Equipment Trans- 9763–8) received in the Office of the President ‘‘Fisheries of the Caribbean, Gulf of Mexico, parency Report (ETR); to the Committee on of the Senate on December 20, 2012; to the and South Atlantic; Reef Fish Fishery of the Armed Services. Committee on Environment and Public Gulf of Mexico; Amendment 35’’ (RIN0648– EC–8702. A communication from the Comp- Works. BB97) received in the Office of the President troller of the Currency, Department of the EC–8710. A communication from the Direc- of the Senate on December 20, 2012; to the Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, Committee on Commerce, Science, and Office of the Comptroller’s Annual Report to Environmental Protection Agency, transmit- Transportation. Congress; to the Committee on Banking, ting, pursuant to law, the report of a rule en- EC–8718. A communication from the Attor- Housing, and Urban Affairs. titled ‘‘Regulation of Fuels and Fuel Addi- ney-Advisor, Office of the General Counsel, EC–8703. A communication from the Assist- tives: Modifications to the Transmix Provi- Department of Transportation, transmitting, ant to the Board, Legal Division, Board of sions Under the Diesel Sulfur Program’’ pursuant to law, a report relative to a va- Governors of the Federal Reserve System, (FRL No. 9763–7) received in the Office of the cancy in the position of Assistant Secretary transmitting, pursuant to law, the report of President of the Senate on December 20, 2012; for Budget and Programs and Chief Financial a rule entitled ‘‘Community Reinvestment to the Committee on Environment and Pub- Officer, received in the Office of the Presi- Act Regulations’’ (Docket No. R–1454) re- lic Works. dent of the Senate on December 20, 2012; to ceived on December 21, 2012; to the Com- EC–8711. A communication from the Direc- the Committee on Commerce, Science, and mittee on Banking, Housing, and Urban Af- tor of the Regulatory Management Division, Transportation. fairs. Environmental Protection Agency, transmit- EC–8719. A communication from the Assist- EC–8704. A communication from the Asso- ting, pursuant to law, the report of a rule en- ant Secretary, Legislative Affairs, Depart- ciate Director, Office of Foreign Assets Con- titled ‘‘Approval and Promulgation of Air ment of State, transmitting, certification of

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18149 proposed issuance of an export license pursu- PETITIONS AND MEMORIALS nel Robert P. Walters, Jr., which nomina- ant to section 36(c) of the Arms Export Con- tions were received by the Senate and ap- trol Act (Transmittal No. DDTC 12–139); to The following petition or memorial peared in the Congressional Record on De- the Committee on Foreign Relations. was laid before the Senate and was re- cember 10, 2012. EC–8720. A communication from the Assist- ferred or ordered to lie on the table as Navy nomination of Rear Adm. (lh) Ran- ant Secretary, Legislative Affairs, Depart- indicated: dolph L. Mahr, to be Rear Admiral. ment of State, transmitting, certification of POM–137 A resolution adopted by the Leg- Marine Corps nomination of Lt. Gen. Ste- proposed issuance of an export license pursu- islature of Rockland County, New York, me- ven A. Hummer, to be Lieutenant General. ant to section 36(c) of the Arms Export Con- morializing Israel’s right to exist and to Marine Corps nomination of Lt. Gen. Rich- trol Act (Transmittal No. DDTC 12–173); to take such actions as may be necessary to de- ard T. Tryon, to be Lieutenant General. the Committee on Foreign Relations. fend itself against outside attacks; to the Mr. LEVIN. Mr. President, for the EC–8721. A communication from the Assist- Committee on Foreign Relations. Committee on Armed Services I report ant Secretary, Legislative Affairs, Depart- ment of State, transmitting, certification of f favorably the following nomination lists which were printed in the proposed issuance of an export license pursu- REPORTS OF COMMITTEES ant to section 36(c) of the Arms Export Con- RECORDS on the dates indicated, and trol Act (Transmittal No. DDTC 12–169); to The following reports of committees ask unanimous consent, to save the ex- the Committee on Foreign Relations. were submitted: pense of reprinting on the Executive EC–8722. A communication from the Assist- By Mr. ROCKEFELLER, from the Com- Calendar that these nominations lie at ant Secretary of Legislative Affairs, Depart- mittee on Commerce, Science, and Transpor- the Secretary’s desk for the informa- ment of the Treasury, transmitting, pursu- tation: ant to law, the annual report of the National tion of Senators. Report to accompany S. 911, a bill to estab- The PRESIDING OFFICER. Without Advisory Council on International Monetary lish the sense of Congress that Congress and Financial Policies; to the Committee on should enact, and the President should sign, objection, it is so ordered. Foreign Relations. bipartisan legislation to strengthen public Air Force nominations beginning with EC–8723. A communication from the Assist- safety and to enhance wireless communica- Matthew W. Allinson and ending with Jef- ant Legal Adviser for Treaty Affairs, Depart- tions (Rept. No. 112–260). frey D. Young, which nominations were re- ment of State, transmitting, pursuant to the Report to accompany S. 1449, a bill to au- ceived by the Senate and appeared in the Case-Zablocki Act, 1 U.S.C. 112b, as amended, thorize the appropriation of funds for high- Congressional Record on November 27, 2012. the report of the texts and background state- way safety programs and for other purposes Air Force nominations beginning with ments of international agreements, other (Rept. No. 112–261). Johan K. Ahn and ending with Jeffrey S. than treaties (List 2012–0184—2012–0203); to By Mr. AKAKA, from the Committee on Williams, which nominations were received the Committee on Foreign Relations. Indian Affairs, with an amendment in the by the Senate and appeared in the Congres- EC–8724. A communication from the Direc- nature of a substitute: sional Record on December 5, 2012. tor of the Regulations, Legislation, and In- S. 1262. A bill to improve Indian education, Air Force nominations beginning with terpretation Division, Wage and Hour Divi- and for other purposes (Rept. No. 112–262). Laura A. Brodhag and ending with John D. sion, Department of Labor, transmitting, By Mr. AKAKA, from the Committee on Klein, which nominations were received by pursuant to law, the report of a rule entitled Indian Affairs, with amendments: the Senate and appeared in the Congres- ‘‘Nondisplacement of Qualified Workers S. 1684. A bill to amend the Indian Tribal sional Record on December 17, 2012. Under Service Contracts; Effective Date’’ Energy Development and Self-Determination Air Force nominations beginning with Wil- (RIN1215–AB69; RIN1235–AA02) received in Act of 2005, and for other purposes (Rept. No. liam R. Baez and ending with Bryce G. the Office of the President of the Senate on 112–263). Whisler, which nominations were received by December 21, 2012; to the Committee on f the Senate and appeared in the Congres- Health, Education, Labor, and Pensions. sional Record on December 17, 2012. EC–8725. A communication from the Sec- EXECUTIVE REPORTS OF Air Force nominations beginning with retary of Health and Human Services, trans- COMMITTEES Jake R. Atwood and ending with Michael R. mitting, pursuant to law, a report entitled Zachar, which nominations were received by ‘‘Delays in Approvals of Applications Re- The following executive reports of the Senate and appeared in the Congres- lated to Citizen Petitions and Petitions for nominations were submitted: sional Record on December 17, 2012. Stay of Agency Action for Fiscal Year 2011’’; By Mr. LEVIN for the Committee on Air Force nominations beginning with to the Committee on Health, Education, Armed Services. Kristen J. Beals and ending with Jianzhong Labor, and Pensions. Air Force nomination of Maj. Gen. Lori J. J. Zhang, which nominations were received EC–8726. A communication from the Sec- Robinson, to be Lieutenant General. by the Senate and appeared in the Congres- retary of Health and Human Services, trans- Air Force nomination of Maj. Gen. Gregory sional Record on December 17, 2012. mitting, pursuant to law, the Food and Drug A. Biscone, to be Lieutenant General. Air Force nominations beginning with Administration’s annual report on the per- Air Force nomination of Col. Lisa A. Tansel Acar and ending with Brandon H. Wil- formance evaluation of FDA-approved mam- Naftzger-Kang, to be Brigadier General. liams, which nominations were received by mography quality standards accreditation Air Force nominations beginning with the Senate and appeared in the Congres- bodies; to the Committee on Health, Edu- Brigadier General William B. Binger and sional Record on December 17, 2012. cation, Labor, and Pensions. ending with Brigadier General Sheila Air Force nominations beginning with EC–8727. A communication from the Fed- Zuehlke, which nominations were received Samuel E. Aikele and ending with Scott M. eral Register Liaison Officer, Alcohol and by the Senate and appeared in the Congres- Zelasko, which nominations were received Tobacco Tax and Trade Bureau, Department sional Record on December 5, 2012. by the Senate and appeared in the Congres- of the Treasury, transmitting, pursuant to Air Force nominations beginning with sional Record on December 17, 2012. law, the report of a rule entitled ‘‘Small Brigadier General Paul L. Ayers and ending Air Force nominations beginning with Brewers Bond Reduction’’ (RIN1513–AB94) re- with Brigadier General Brian G. Neal, which Homayoun R. Ahmadian and ending with Joe ceived in the Office of the President of the nominations were received by the Senate and X. Zhang, which nominations were received Senate on December 20, 2012; to the Com- appeared in the Congressional Record on De- by the Senate and appeared in the Congres- mittee on the Judiciary. cember 5, 2012. sional Record on December 17, 2012. EC–8728. A communication from the Fed- Air Force nominations beginning with Army nomination of Robert W. Handy, to eral Liaison Officer, Patent and Trademark Colonel Stephanie A. Gass and ending with be Colonel. Office, Department of Commerce, transmit- Colonel Curtis L. Williams, which nomina- Army nomination of James T. Seidule, to ting, pursuant to law, the report of a rule en- tions were received by the Senate and ap- be Colonel. titled ‘‘Changes to Implement Micro Entity peared in the Congressional Record on De- Army nominations beginning with Mark A. Status for Pay Patient Fees’’ (RIN0651–AC78) cember 5, 2012. Nozaki and ending with Matthew D. Ramsey, received in the Office of the President of the Air Force nomination of Lt. Gen. Stanley which nominations were received by the Sen- Senate on December 20, 2012; to the Com- E. Clarke III, to be Lieutenant General. ate and appeared in the Congressional mittee on the Judiciary. Army nomination of Col. Jody J. Daniels, Record on November 27, 2012. EC–8729. A communication from the Chair to be Brigadier General. Army nominations beginning with Chris- of the Board of Directors, Office of Compli- Army nomination of Maj. Gen. Bernard S. topher J. Cummings and ending with Ran- ance, transmitting, pursuant to law, a report Champoux, to be Lieutenant General. dolph O. Petgrave, which nominations were relative to recommendations for improve- Army nomination of Col. Michael L. received by the Senate and appeared in the ments to the Congressional Accountability Scholes, to be Brigadier General. Congressional Record on November 27, 2012. Act; to the Committee on Rules and Admin- Army nominations beginning with Colonel Army nominations beginning with An- istration. Christopher S. Ballard and ending with Colo- thony C. Adolph and ending with Sean M.

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18150 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 Wilson, which nominations were received by the Senate and appeared in the Congres- ADDITIONAL COSPONSORS the Senate and appeared in the Congres- sional Record on November 27, 2012. S. 32 sional Record on November 27, 2012. Navy nominations beginning with Timothy Army nominations beginning with Ronald R. Anderson and ending with George B. Wat- At the request of Mr. LAUTENBERG, L. Baker and ending with Michael T. Wright, kins, which nominations were received by the name of the Senator from Delaware which nominations were received by the Sen- the Senate and appeared in the Congres- (Mr. COONS) was added as a cosponsor ate and appeared in the Congressional sional Record on November 27, 2012. of S. 32, a bill to prohibit the transfer Record on November 27, 2012. Navy nomination of John T. Volpe, to be or possession of large capacity ammu- Army nominations beginning with Terry Commander. nition feeding devices, and for other L. Anderson and ending with G001094, which Navy nomination of Tamara M. Sorensen, purposes. nominations were received by the Senate and to be Lieutenant Commander. S. 35 appeared in the Congressional Record on No- Navy nomination of Joseph N. Kenan, to be vember 27, 2012. Lieutenant Commander. At the request of Mr. LAUTENBERG, Army nominations beginning with Jose L. By Mr. BAUCUS for the Committee on Fi- the name of the Senator from Delaware Aguilar and ending with D005615, which nance. (Mr. COONS) was added as a cosponsor nominations were received by the Senate and *Albert G. Lauber, of the District of Co- of S. 35, a bill to establish background appeared in the Congressional Record on No- lumbia, to be a Judge of the United States check procedures for gun shows. vember 27, 2012. Tax Court for the term of fifteen years. S. 818 *Ronald Lee Buch, of Virginia, to be a Army nomination of Michael D. Shortt, to At the request of Mr. KERRY, the Judge of the United States Tax Court for a be Major. name of the Senator from New York Army nomination of Delnora L. Erickson, term of fifteen years. (Mr. SCHUMER) was added as a cospon- to be Major. *Nomination was reported with rec- sor of S. 818, a bill to amend title XVIII Army nomination of Ronald D. Lain, to be ommendation that it be confirmed sub- Lieutenant Colonel. of the Social Security Act to count a ject to the nominee’s commitment to period of receipt of outpatient observa- Army nomination of Matthew J. respond to requests to appear and tes- Burinskas, to be Colonel. tion services in a hospital toward satis- Army nomination of Ronald G. Cook, to be tify before any duly constituted com- fying the 3-day inpatient hospital re- Colonel. mittee of the Senate. quirement for coverage of skilled nurs- Army nomination of David A. Cortese, to (Nominations without an asterisk ing facility services under Medicare. be Lieutenant Colonel. were reported with the recommenda- S. 847 Army nomination of Charles J. Romero, to tion that they be confirmed.) At the request of Mr. LAUTENBERG, be Major. f Army nominations beginning with Michael the name of the Senator from Colorado D. Do and ending with Gregory S. Seese, INTRODUCTION OF BILLS AND (Mr. BENNET) was added as a cosponsor which nominations were received by the Sen- JOINT RESOLUTIONS of S. 847, a bill to amend the Toxic Sub- stances Control Act to ensure that ate and appeared in the Congressional The following bills and joint resolu- Record on December 5, 2012. risks from chemicals are adequately Army nominations beginning with Deepti tions were introduced, read the first understood and managed, and for other S. Chitnis and ending with Gia K. Yi, which and second times by unanimous con- purposes. sent, and referred as indicated: nominations were received by the Senate and S. 1468 appeared in the Congressional Record on De- By Mr. BAUCUS (for himself, Mr. At the request of Mrs. SHAHEEN, the cember 10, 2012. KERRY, Ms. COLLINS, Mr. CARDIN, name of the Senator from Maine (Ms. Army nominations beginning with Karin Mrs. SHAHEEN, Ms. SNOWE, and Mr. COLLINS) was added as a cosponsor of S. R. Bilyard and ending with Bethany S. CONRAD): Zarndt, which nominations were received by S. 3705. A bill to establish a commission to 1468, a bill to amend title XVIII of the the Senate and appeared in the Congres- develop a national strategy and rec- Social Security Act to improve access sional Record on December 10, 2012. ommendations for reducing fatalities result- to diabetes self-management training Army nominations beginning with James ing from child abuse and neglect; to the by authorizing certified diabetes edu- E. Andrews II and ending with D010617, which Committee on Finance. cators to provide diabetes self-manage- nominations were received by the Senate and By Mr. SCHUMER (for himself, Ms. ment training services, including as appeared in the Congressional Record on De- MURKOWSKI, Mrs. BOXER, Mrs. part of telehealth services, under part cember 10, 2012. MCCASKILL, Mr. BLUMENTHAL, Mr. B of the Medicare program. Army nominations beginning with Jacob CASEY, Mrs. FEINSTEIN, and Mrs. W. Aaronson and ending with David W. GILLIBRAND): S. 3077 Wolken, which nominations were received by S. 3706. A bill to amend chapter 301 of title At the request of Mr. PORTMAN, the the Senate and appeared in the Congres- 49, United States Code, to prohibit the rental names of the Senator from Florida (Mr. sional Record on December 10, 2012. of motor vehicles that contain a defect re- RUBIO) and the Senator from North Da- Army nominations beginning with Silas C. lated to motor vehicle safety, and for other kota (Mr. HOEVEN) were added as co- Abrenica and ending with Kevin M. Zeeb, purposes; to the Committee on Commerce, sponsors of S. 3077, a bill to require the which nominations were received by the Sen- Science, and Transportation. Secretary of the Treasury to mint ate and appeared in the Congressional By Mr. SCHUMER: coins in recognition and celebration of Record on December 10, 2012. S. 3707. A bill to authorize utilities to ob- Army nominations beginning with Lovie L. tain national criminal history background the Pro Football Hall of Fame. Abraham and ending with Vickee L. Wolcott, checks of certain employees in sensitive po- S. 3338 which nominations were received by the Sen- sitions; to the Committee on the Judiciary. At the request of Mr. ENZI, the name ate and appeared in the Congressional By Mr. KYL: of the Senator from New Hampshire Record on December 10, 2012. S. 3708. A bill to encourage reporting of (Mrs. SHAHEEN) was added as a cospon- Army nomination of Alfred C. Anderson, to child abuse; to the Committee on the Judici- sor of S. 3338, a bill to amend the Pub- be Major. ary. lic Health Service Act and title XVIII Army nomination of Deanna R. Beech, to By Mr. VITTER (for himself and Mr. of the Social Security Act to make the be Major. BROWN of Ohio): Army nominations beginning with Shrrell S. 3709. A bill to require a Government Ac- provision of technical services for med- L. Byard and ending with Soo B. Kim, which countability Office examination of trans- ical imaging examinations and radi- nominations were received by the Senate and actions between large financial institutions ation therapy treatments safer, more appeared in the Congressional Record on De- and the Federal Government, and for other accurate, and less costly. cember 17, 2012. purposes; considered and passed. AMENDMENT NO. 3350 Army nominations beginning with Donald By Mr. PAUL: At the request of Mr. TESTER, the E. Layne and ending with Joseph F. Sucher, S.J. Res. 51. A joint resolution providing name of the Senator from California which nominations were received by the Sen- for congressional disapproval under chapter 8 ate and appeared in the Congressional of title 5, United States Code, of the rule (Mrs. FEINSTEIN) was added as a co- Record on December 17, 2012. submitted by the Internal Revenue Service sponsor of amendment No. 3350 pro- Navy nominations beginning with David of the Department of the Treasury relating posed to H.R. 1, a bill making appro- Sammett and ending with Timothy R. to taxable medical devices; to the Com- priations for the Department of De- Durkin, which nominations were received by mittee on Finance. fense and the other departments and

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18151 agencies of the Government for the fis- like good news, the story is more com- SEC. 2. ADDITIONAL SPECIAL ASSESSMENT. cal year ending September 30, 2011, and plicated. We have heard of at least (a) IN GENERAL.—Chapter 20 of title 18, for other purposes. three child deaths related to abuse or United States Code, is amended by inserting after section 3013 the following: neglect. Some abuse is going unre- f ‘‘§ 3014. Additional special assessment ported. And there are clear gaps in STATEMENTS ON INTRODUCED ‘‘(a) In addition to the assessment imposed data between the agencies and in the BILLS AND JOINT RESOLUTIONS under section 3013, the court shall assess on reporting. So I am urging my state to any person other than an individual con- By Mr. BAUCUS (for himself, Mr. elevate the standards of protective victed of an offense against the United KERRY, Ms. COLLINS, Mr. services even higher. States an amount equal to 3 times the CARDIN, Mrs. SHAHEEN, Ms. Child Protection Services needs to amount that would be assessed on a person SNOWE, and Mr. CONRAD): coordinate with other agencies. They under section 3013 for the same offense. S. 3705. A bill to establish a commis- need to share data so we can have a ‘‘(b) There is established in the Treasury a sion to develop a national strategy and fund, to be known as the ‘Surcharge Fund’ clear picture of the full scope of the (referred to in this section as the ‘Fund’), to recommendations for reducing fatali- problem. Everyone needs to work to- be administered by the Secretary of Health ties resulting from child abuse and ne- gether to make sure that all Montana and Human Services. glect; to the Committee on Finance. kids are safe. ‘‘(c) Notwithstanding section 3302 of title Mr. BAUCUS. Mr. President, Nelson Our Nation must tackle this issue 31, or any other law regarding the crediting Mandela, the former president of South head on. We must embrace our respon- of money received for the Government, there Africa, once said ‘‘Safety and security sibility to protect our children. We shall be deposited in the Fund an amount don’t just happen; they are the result equal to the amount of the assessments col- need to provide them with safe, nur- lected under this section, which shall remain of collective consensus and public in- turing environments and the support available until expended. vestment. We owe our children, the they need to thrive and succeed in our ‘‘(d) From amounts in the Fund, and with- most vulnerable citizens in our society, society. out further appropriation, the Secretary of a life free of violence and fear.’’ We need to make sure that kids have Health and Human Services shall, for fiscal Today, I echo that call to protect our access to physical and mental health year 2013, and every 3 fiscal years thereafter, most vulnerable citizens as I join Sen- services, so they can grow into happy, award a competitive grant with a grant pe- riod of 3 years and in the amount of $1,000,000 ators KERRY, COLLINS, CARDIN, SHA- productive adults. We need to help for each year to a private nonprofit organiza- HEEN, SNOWE, and CONRAD to introduce children with mental illnesses by re- tion that has a successful multi-year record the Protect Our Kids Act. ducing the stigma surrounding mental of operating a national child abuse hotline, This important legislation estab- health services and ensuring that these which shall be used— lishes a special task force dedicated to young people know there is a strong ‘‘(1) to operate such a hotline, which reducing child abuse and neglect in support network backing them up. shall— America. Comprised of our Nation’s top We should look at programs like ‘‘(A) operate 24 hours a day, 7 days a week, child welfare administrators and re- home visits, which currently provide with individuals answering calls; professional assistance, right at home, ‘‘(B) be staffed by individuals that are searchers, law enforcement officers, trained to handle crisis counseling and child and other dedicated experts, this task for more than 50,000 families across our abuse and neglect inquiries, including indi- force would study and evaluate federal, Nation, and see how they can be im- viduals with a background or advanced de- state, and private child welfare sys- proved to do an even better job sup- grees in counseling, mental health, social tems and develop a comprehensive na- porting vulnerable families. work, or other related fields; tional strategy to prevent and reduce We are blessed to live in the richest, ‘‘(C) have the ability to provide assistance these tragic acts of violence. most powerful country in the world. to callers in multiple languages; Since 2002, more than 15,000 children We have to use every resource at our ‘‘(D) have chat or text message capability have died due to abuse and neglect. disposal to strengthen our laws to en- to increase access and participation for chil- dren and youth who may not be as likely to This number is based on state-reported sure that all children are given a call on a telephone; and Child Protection Services data. But ad- chance to succeed in life. ‘‘(E) provide— vocates predict the true number is far This bipartisan legislation we are in- ‘‘(i) assistance in reporting incidences of greater. troducing today is a step in the right child abuse and neglect; We don’t have clear facts because direction to protect our kids. ‘‘(ii) crisis counseling; currently, there is no national stand- I commend my colleagues Senators ‘‘(iii) referrals to relevant resources in the ard for collecting data on these young KERRY and COLLINS for their years of caller’s community; and victims. Many state child protection tireless work, fighting for the rights of ‘‘(iv) education and resources on the signs our children. The House of Representa- and symptoms of abuse, risk factors, par- agencies do not share vital data and enting concerns, and adult survivor issues; statistics with other agencies, officials, tives has already acted on this legisla- and or law enforcement. tion. Let us now join together and cre- ‘‘(2) to encourage reporting of child abuse Clearly, more must be done to better ate a life free of violence and fear for and conduct public education on child abuse. protect our Nation’s children. More our most vulnerable citizens. ‘‘(e)(1) Effective on the day after the date must be done to protect them from the Let us pass the Protect Our Kids Act. on which an award is made under subsection fear and terror of abuse, especially (d), or, for a fiscal year in which no award is made under subsection (d), effective on Sep- when the threat to their safety often By Mr. KYL: S. 3708. A bill to encourage reporting tember 30 of that fiscal year, all unobligated comes from those that should cherish of child abuse; to the Committee on the balances in the Fund shall be transferred to them the most. Judiciary. the Crime Victims Fund established under We need to bring this issue out of the section 1402 of the Victims of Crime Act of Mr. KYL. Mr. President, I ask unani- shadows. It starts by learning more 1984 (42 U.S.C. 10601). mous consent that the text of the bill about the tragic deaths of these chil- ‘‘(2) Amounts transferred under paragraph be printed in the RECORD. dren, so that we can prevent the sense- (1)— There being no objection, the text of ‘‘(A) shall be available for any authorized less murders from happening again. the bill was ordered to be printed in purpose of the Crime Victims Fund; and That is what this task force will do. the RECORD, as follows: ‘‘(B) shall remain available until expended. They will study the issue and develop a ‘‘(f) The amount assessed under subsection S. 3708 national strategy and recommenda- (a) shall be collected in the manner that tions for improvements throughout the Be it enacted by the Senate and House of Rep- fines are collected in criminal cases. resentatives of the United States of America in ‘‘(g) The obligation to pay an assessment child welfare system. Congress assembled, According to Child Protection Serv- imposed on or after the date of enactment of SECTION 1. SHORT TITLE. the SAFE Child Act shall not cease until the ices data, in Montana we reported zero This Act may be cited as the ‘‘Stop Abuse assessment is paid in full.’’. fatalities from child abuse and neglect For Every Child Act of 2012’’ or the ‘‘SAFE (b) TECHNICAL AND CONFORMING AMEND- last year. While that of course sounds Child Act’’. MENT.—The table of sections for chapter 20 of

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18152 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 title 18, United States Code, is amended by TEXT OF AMENDMENTS (5) in the most recent years preceding the inserting after the item relating to section Mr. MERKLEY submitted an date of the enactment of this Act, citrus 3013 the following: SA 3425. fruits have been produced on 900,000 acres, amendment intended to be proposed by ‘‘3014. Additional special assessment.’’. yielding 11,000,000 tons of citrus products him to the bill H.R. 1, making appro- with a value at the farm of more than priations for the Department of De- $3,200,000,000; f fense and the other departments and (6) the commercial citrus sector employs agencies of the Government for the fis- approximately 110,000 people and contributes AMENDMENTS SUBMITTED AND cal year ending September 30, 2011, and approximately $13,500,000,000 to the United PROPOSED for other purposes; which was ordered States economy; to lie on the table; as follows: (7) the United States citrus industry has SA 3425. Mr. MERKLEY submitted an suffered billions of dollars in damage from On page 7, lines 18 and 19, strike ‘‘LIMITED amendment intended to be proposed by him disease and pests, both domestic and RESOURCE, BEGINNING, AND SOCIALLY DIS- to the bill H.R. 1, making appropriations for invasive, over the decade preceding the date ADVANTAGED FARMERS’’ and insert ‘‘LIMITED the Department of Defense and the other de- of the enactment of this Act, particularly RESOURCE FARMERS, BEGINNING FARMERS, AND partments and agencies of the Government from huanglongbing; SOCIALLY DISADVANTAGED FARMERS’’. for the fiscal year ending September 30, 2011, (8) huanglongbing threatens the entire and for other purposes; which was ordered to SA 3426. Mr. HARKIN submitted an United States citrus industry because the lie on the table. amendment intended to be proposed to disease kills citrus trees; SA 3426. Mr. HARKIN submitted an amend- amendment SA 3395 proposed by Mr. (9) as of the date of the enactment of this ment intended to be proposed to amendment Act, there are no cost effective or environ- REID to the bill H.R. 1, making appro- SA 3395 proposed by Mr. REID to the bill H.R. mentally sound treatments available to sup- 1, supra; which was ordered to lie on the priations for the Department of De- press or eradicate huanglongbing; table. fense and the other departments and (10) United States citrus producers work- SA 3427. Mr. NELSON of Florida submitted agencies of the Government for the fis- ing with Federal and State governments an amendment intended to be proposed to cal year ending September 30, 2011, and have devoted tens of millions of dollars to- amendment SA 3404 submitted by Mr. for other purposes; which was ordered ward research and efforts to combat MERKLEY (for himself, Ms. STABENOW, Mrs. to lie on the table; as follows: huanglongbing and other diseases and pests, MCCASKILL, Mr. BAUCUS, Mr. WYDEN, Mr. On page 81, strike lines 9 through 13 and in- but more funding is needed to develop and FRANKEN, Mr. JOHNSON of South Dakota, and sert the following: ‘‘Provided further, That commercialize disease and pest solutions; Mr. UDALL of New Mexico) and intended to obligations incurred for the purposes pro- (11) although imports constitute an in- be proposed to the bill H.R. 1, supra; which vided herein prior to the enactment of this creasing share of the United States market, was ordered to lie on the table. Act may be charged to this appropriation: importers of citrus products into the United SA 3428. Mr. NELSON of Florida submitted Provided further, That funds appropriated in States do not directly fund production re- an amendment intended to be proposed to this paragraph may be used to make grants search in the United States; amendment SA 3404 submitted by Mr. for renovating, repairing, or rebuilding non- (12) disease and pest suppression tech- MERKLEY (for himself, Ms. STABENOW, Mrs. Fed-’’. nologies require determinations of safety MCCASKILL, Mr. BAUCUS, Mr. WYDEN, Mr. and solutions must be commercialized before FRANKEN, Mr. JOHNSON of South Dakota, and SA 3427. Mr. NELSON of Florida sub- use by citrus producers; Mr. UDALL of New Mexico) and intended to mitted an amendment intended to be (13) the complex processes involved in dis- be proposed to the bill H.R. 1, supra; which proposed to amendment SA 3404 sub- covery and commercialization of safe and ef- was ordered to lie on the table. mitted by Mr. MERKLEY (for himself, fective pest and disease suppression tech- SA 3429. Mr. NELSON of Florida submitted Ms. STABENOW, Mrs. MCCASKILL, Mr. nologies are expensive and lengthy and the an amendment intended to be proposed to need for the technologies is urgent; and BAUCUS, Mr. WYDEN, Mr. FRANKEN, Mr. amendment SA 3404 submitted by Mr. (14) research to develop solutions to sup- JOHNSON of South Dakota, and Mr. MERKLEY (for himself, Ms. STABENOW, Mrs. press huanglongbing, or other domestic and MCCASKILL, Mr. BAUCUS, Mr. WYDEN, Mr. UDALL of New Mexico) and intended to invasive pests and diseases will benefit all FRANKEN, Mr. JOHNSON of South Dakota, and be proposed to the bill H.R. 1, making citrus producers and consumers around the Mr. UDALL of New Mexico) and intended to appropriations for the Department of world. be proposed to the bill H.R. 1, supra; which Defense and the other departments and (b) PURPOSES.—The purposes of this title was ordered to lie on the table. agencies of the Government for the fis- are to authorize the establishment of a trust SA 3430. Mr. LIEBERMAN submitted an cal year ending September 30, 2011, and to support scientific research, technical as- amendment intended to be proposed by him for other purposes; which was ordered sistance, and development activities to com- to the bill H.R. 1, supra; which was ordered to lie on the table; as follows: bat citrus diseases and pests, both domestic to lie on the table. and invasive, harming the United States. SA 3431. Mr. LIEBERMAN submitted an At the end of the amendment, add the fol- lowing: (c) EFFECT ON OTHER ACTIVITIES.—Nothing amendment intended to be proposed by him in this title restricts the use of any funds for CITRUS DISEASE RESEARCH AND to the bill H.R. 1, supra; which was ordered scientific research and technical activities in DEVELOPMENT TRUST FUND to lie on the table. the United States. SA 3432. Mr. REID (for Mr. VITTER (for FINDINGS AND PURPOSES CITRUS DISEASE RESEARCH AND DEVELOPMENT himself, Mr. WARNER, Mr. NELSON of Florida, SEC. 111. (a) FINDINGS.—Congress finds TRUST FUND and Ms. LANDRIEU)) proposed an amendment that— to the bill H.R. 4212, to prevent the introduc- (1) duties collected on imports of citrus SEC. 112. (a) ESTABLISHMENT.—There is es- tion into commerce of unsafe drywall, to en- and citrus products have ranged from tablished in the Treasury of the United sure the manufacturer of drywall is readily $50,000,000 to $87,000,000 annually since 2004, States a trust fund to be known as the ‘‘Cit- identifiable, to ensure that problematic and are projected to increase, as United rus Disease Research and Development Trust drywall removed from homes is not reused, States production declines due to the effects Fund’’ (in this section referred to as the and for other purposes. of huanglongbing (also known as ‘‘HLB’’ or ‘‘Trust Fund’’), consisting of such amounts SA 3433. Mr. REID (for Mrs. MCCASKILL (for ‘‘citrus greening disease’’) and imports in- as may be transferred to the Trust Fund herself and Mr. BLUNT)) proposed an amend- crease in response to the shortfall in the under subsection (b)(1) and any amounts that ment to the bill H.R. 6364, to establish a United States; may be credited to the Trust Fund under commission to ensure a suitable observance (2) in cases involving other similarly situ- subsection (d)(2). of the centennial of World War I, to provide ated agricultural commodities, notably (b) TRANSFER OF AMOUNTS.— for the designation of memorials to the serv- wool, the Federal Government has chosen to (1) IN GENERAL.—Subject to paragraph (2), ice of members of the United States Armed divert a portion of the tariff revenue col- the Secretary of Agriculture shall— Forces in World War I, and for other pur- lected on imported products to support ef- (A) transfer to the Trust Fund from poses. forts of the domestic industry to address amounts appropriated to the Secretary SA 3434. Mr. REID (for Mr. VITTER (for challenges facing the industry; under this title an amount the Secretary de- himself and Mr. BROWN of Ohio)) proposed an (3) citrus and citrus products are a highly termines to be necessary for the purposes de- amendment to the bill S. 3709, to require a nutritious and healthy part of a balanced scribed in subsection (c)(2); and Government Accountability Office examina- diet; (B) reduce on a pro rata basis amounts ap- tion of transactions between large financial (4) citrus production is an important part propriated for other programs under this institutions and the Federal Government, of the agricultural economy in Florida, Cali- title by the amount transferred to the Trust and for other purposes. fornia, Arizona, and Texas; Fund under subparagraph (A).

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(2) LIMITATION.—The amount transferred to (b) DEFINITIONS.—In this section: retary shall appoint 1⁄3 of the members to the Trust Fund under paragraph (1)(A) may (1) BOARD.—The term ‘‘Board’’ means the terms of 1, 3, and 5 years, respectively. not exceed $30,000,000. Citrus Disease Research and Development (F) DISQUALIFICATION FROM BOARD SERV- (c) AVAILABILITY OF AMOUNTS IN TRUST Trust Fund Advisory Board established ICE.—If a member or alternate of the Board FUND.— under this section. who was appointed as a domestic producer (1) AMOUNTS AVAILABLE UNTIL EXPENDED.— (2) CITRUS.— ceases to be a producer in the State from Amounts in the Trust Fund shall remain (A) IN GENERAL.—The term ‘‘citrus’’ means which the member was appointed, or fails to available until expended without further ap- edible fruit of the family Rutaceae, com- fulfill the duties of the member according to propriation. monly called ‘‘citrus’’. the rules established by the Board under (2) AVAILABILITY FOR CITRUS DISEASE RE- (B) INCLUSION.—The term ‘‘citrus’’ includes paragraph (4)(A)(ii), the member or alternate SEARCH AND DEVELOPMENT EXPENDITURES.— all citrus hybrids and products of citrus hy- shall be disqualified from serving on the Amounts in the Trust Fund shall be avail- brids that are produced for commercial pur- Board. able to the Secretary of Agriculture— poses in the United States. (G) COMPENSATION.— (A) for expenditures relating to citrus dis- (3) DEPARTMENT.—The term ‘‘Department’’ (i) IN GENERAL.—The members of the Board ease research and development under section means the Department of Agriculture. shall serve without compensation, other 113, including costs relating to contracts or (4) PERSON.—The term ‘‘person’’ means any than travel expenses described in clause (ii). other agreements entered into to carry out individual, group of individuals, firm, part- (ii) TRAVEL EXPENSES.—A member of the citrus disease research and development; and nership, corporation, joint stock company, Board shall be allowed travel expenses, in- (B) to cover administrative costs incurred association, cooperative, or other legal enti- cluding per diem in lieu of subsistence, at by the Secretary in carrying out the provi- ty. rates authorized for an employee of an agen- sions of that section. (5) PRODUCER.—The term ‘‘producer’’ cy under subchapter I of chapter 57 of title 5, (d) INVESTMENT OF TRUST FUND.— means any person that is engaged in the do- United States Code, while away from the (1) IN GENERAL.—The Secretary of the mestic production and commercial sale of home or regular place of business of the Treasury shall invest such portion of the citrus in the United States. member in the performance of the duties of Trust Fund as is not required to meet cur- (6) PROGRAM.—The term ‘‘program’’ means the Board. rent withdrawals in interest-bearing obliga- the citrus research and development pro- (3) POWERS.— tions of the United States or in obligations gram authorized under this section. (A) GIFTS.—The Board may accept, use, guaranteed as to both principal and interest (7) SECRETARY.—The term ‘‘Secretary’’ and dispose of gifts or donations of services by the United States. Such obligations may means the Secretary of Agriculture. or property. be acquired on original issue at the issue RUST FUND (8) T .—The term ‘‘Trust Fund’’ (B) POSTAL SERVICES.—The Board may use price or by purchase of outstanding obliga- means the Citrus Disease Research and De- the United States mails in the same manner tions at the market price. Any obligation ac- velopment Trust Fund established under sec- quired by the Trust Fund may be sold by the and under the same conditions as other agen- tion 112. cies of the Federal Government. Secretary of the Treasury at the market (c) IMPLEMENTATION.— (C) VOLUNTEER SERVICES.—Notwith- price. (1) REGULATIONS.—Not later than 180 days standing section 1342 of title 31, United (2) INTEREST AND PROCEEDS FROM SALE OR after the date of the enactment of this Act, States Code, the Board may accept and use REDEMPTION OF OBLIGATIONS.—The interest the Secretary shall promulgate regulations the services of volunteers serving without on, and the proceeds from the sale or re- to carry out this section. compensation. demption of, any obligations held in the (2) CITRUS ADVISORY BOARD.— (D) TECHNICAL AND LOGISTICAL SUPPORT.— Trust Fund shall be credited to and form a (A) ESTABLISHMENT AND MEMBERSHIP.— Subject to the availability of funds, the Sec- part of the Trust Fund. (i) ESTABLISHMENT.—The Citrus Disease (e) REPORTS TO CONGRESS.—Not later than Research and Development Trust Fund Advi- retary shall provide to the Board technical January 15, 2013, and each year thereafter sory Board shall consist of 9 members. and logistical support through contract or other means, including— until the year after the termination of the (ii) MEMBERSHIP.—The members of the Trust Fund, the Secretary of the Treasury, Board shall be appointed by the Secretary. (i) procuring the services of experts and in consultation with the Secretary of Agri- (iii) STATUS.—Members of the Board rep- consultants in accordance with section culture, shall submit to Congress a report on resent the interests of the citrus industry 3109(b) of title 5, United States Code, but at the financial condition and the results of the and shall not be considered officers or em- rates for individuals not to exceed the daily operations of the Trust Fund that includes— ployees of the Federal Government solely equivalent of the highest rate payable under (1) a detailed description of the amounts due to membership on the Board. section 5332 of that title; and disbursed from the Trust Fund in the pre- (B) DISTRIBUTION OF APPOINTMENTS.—The (ii) entering into contracts with depart- ceding fiscal year and the manner in which membership of the Board shall consist of— ments, agencies, and instrumentalities of the those amounts were expended; (i) 5 members who are domestic producers Federal Government, State agencies, and (2) an assessment of the financial condition of citrus in Florida; private entities for the preparation of re- and the operations of the Trust Fund for the (ii) 3 members who are domestic producers ports, surveys, and other activities. current fiscal year; and of citrus in Arizona or California; and (E) DETAIL OF FEDERAL GOVERNMENT EM- (3) an assessment of the amounts available (iii) 1 member who is a domestic producer PLOYEES.— in the Trust Fund for future expenditures. of citrus in Texas. (i) IN GENERAL.—An employee of the Fed- (f) SUNSET PROVISION.—The Trust Fund (C) CONSULTATION.—Prior to making ap- eral Government may be detailed to the shall terminate on December 31 of the fifth pointments to the Board, the Secretary shall Commission on a reimbursable or nonreim- calendar year that begins after the date of consult with organizations composed pri- bursable basis. the enactment of this Act and all amounts in marily of citrus producers to receive advice (ii) CIVIL SERVICE STATUS.—The detail of the Trust Fund on December 31 of that fifth and recommendations regarding Board mem- the employee shall be without interruption calendar year shall be transferred to the gen- bership. or loss of civil service status or privilege. eral fund of the Treasury. (D) BOARD VACANCIES.— (F) GENERAL SERVICES ADMINISTRATION.— CITRUS DISEASE RESEARCH AND DEVELOPMENT (i) IN GENERAL.—The Secretary shall ap- The Administrator of General Services shall TRUST FUND ADVISORY BOARD point a new Board member to serve the re- provide to the Board on a reimbursable basis SEC. 113. (a) PURPOSE.—The purpose of this mainder of a term vacated by a departing administrative support and other services for section is to establish an orderly procedure Board member. the performance of the duties of the Board. and financing mechanism for the develop- (ii) REQUIREMENTS.—When filling a va- (G) OTHER DEPARTMENTS AND AGENCIES.— ment of an effective and coordinated pro- cancy on the Board, the Secretary shall— Departments and agencies of the United gram of research and product development (I) appoint a citrus producer from the same States may provide to the Board such serv- relating to— State as the Board member being replaced; ices, funds, facilities, staff, and other sup- (1) scientific research concerning diseases and port services as may be appropriate. and pests, both domestic and invasive, af- (II) prior to making an appointment, con- (4) GENERAL RESPONSIBILITIES OF THE flicting the citrus industry; and sult with organizations in that State com- BOARD.— (2) support for the dissemination and com- posed primarily of citrus producers to re- (A) IN GENERAL.—The regulations promul- mercialization of relevant information, tech- ceive advice and recommendations regarding gated by the Secretary shall define the gen- niques, and technologies discovered pursuant the vacancy. eral responsibilities of the Board, which to research funded through the Citrus Dis- (E) TERMS.— shall include the responsibilities— ease Research and Development Trust Fund (i) IN GENERAL.—Except as provided in (i) to meet, organize, and select from established under section 112 or through clause (ii), each term of appointment to the among the members of the Board a chair- other research projects intended to solve Board shall be for 5 years. person, other officers, and committees and problems caused by citrus production dis- (ii) INITIAL APPOINTMENTS.—In making ini- subcommittees, as the Board determines to eases and invasive pests. tial appointments to the Board, the Sec- be appropriate;

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18154 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 (ii) to adopt and amend rules and regula- (iii) an examination of new developments of the enactment of this Act, particularly tions governing the conduct of the activities in the spread and control of citrus diseases from huanglongbing; of the Board and the performance of the du- and pests; (8) huanglongbing threatens the entire ties of the Board; (iv) a discussion of projected research United States citrus industry because the (iii) to hire such experts and consultants as needs; and disease kills citrus trees; the Board considers necessary to enable the (v) a review of the effectiveness of the (9) as of the date of the enactment of this Board to perform the duties of the Board; Trust Fund in achieving the purpose de- Act, there are no cost effective or environ- (iv) to advise the Secretary on citrus re- scribed in subsection (a). mentally sound treatments available to sup- search and development needs; (6) CONTRACTS AND AGREEMENTS.—To en- press or eradicate huanglongbing; (v) to propose a research and development sure the efficient use of funds, the Secretary (10) United States citrus producers work- agenda and annual budgets for the Trust may enter into contracts or agreements with ing with Federal and State governments Fund; public or private entities for the implemen- have devoted tens of millions of dollars to- (vi) to evaluate and review ongoing re- tation of a plan or project for citrus re- ward research and efforts to combat search funded by Trust Fund; search. huanglongbing and other diseases and pests, (vii) to engage in regular consultation and (d) ADMINISTRATIVE COSTS.—Each fiscal but more funding is needed to develop and collaboration with the Department and other year, the Secretary may transfer up to commercialize disease and pest solutions; institutional, governmental, and private ac- $2,000,000 of amounts in the Trust Fund to (11) although imports constitute an in- tors conducting scientific research into the the Board for expenses incurred by the Board creasing share of the United States market, causes or treatments of citrus diseases and in carrying out the duties of the Board. importers of citrus products into the United pests, both domestic and invasive, so as to— (e) TERMINATION OF BOARD.—The Board States do not directly fund production re- (I) maximize the effectiveness of the ac- shall terminate on December 31 of the fifth search in the United States; tivities; calendar year that begins after the date of (12) disease and pest suppression tech- (II) hasten the development of useful treat- the enactment of this Act. nologies require determinations of safety ments; and and solutions must be commercialized before (III) avoid duplicative and wasteful expend- SA 3428. Mr. NELSON of Florida sub- use by citrus producers; itures; and mitted an amendment intended to be (13) the complex processes involved in dis- (viii) to provide the Secretary with such proposed to amendment SA 3404 sub- covery and commercialization of safe and ef- information and advice as the Secretary may mitted by Mr. MERKLEY (for himself, fective pest and disease suppression tech- request. nologies are expensive and lengthy and the Ms. STABENOW, Mrs. MCCASKILL, Mr. (5) CITRUS RESEARCH AND DEVELOPMENT need for the technologies is urgent; and AGENDA AND BUDGETS.— BAUCUS, Mr. WYDEN, Mr. FRANKEN, Mr. (14) research to develop solutions to sup- (A) IN GENERAL.—The Board shall submit JOHNSON of South Dakota, and Mr. press huanglongbing, or other domestic and annually to the Secretary a proposed re- UDALL of New Mexico) and intended to invasive pests and diseases will benefit all search and development agenda and budget be proposed to the bill H.R. 1, making citrus producers and consumers around the for the Trust Fund, which shall include— appropriations for the Department of world. (i) an evaluation of ongoing research and Defense and the other departments and (b) PURPOSES.—The purposes of this title are to authorize the establishment of a trust development efforts; agencies of the Government for the fis- (ii) specific recommendations for new cit- to support scientific research, technical as- rus research projects; cal year ending September 30, 2011, and sistance, and development activities to com- (iii) a plan for the dissemination and com- for other purposes; which was ordered bat citrus diseases and pests, both domestic mercialization of relevant information, tech- to lie on the table; as follows: and invasive, harming the United States. niques, and technologies discovered pursuant At the end of the amendment, add the fol- (c) EFFECT ON OTHER ACTIVITIES.—Nothing to research funded through the Trust Fund; lowing: in this title restricts the use of any funds for scientific research and technical activities in and CITRUS DISEASE RESEARCH AND the United States. (iv) a justification for Trust Fund expendi- DEVELOPMENT TRUST FUND tures. CITRUS DISEASE RESEARCH AND DEVELOPMENT FINDINGS AND PURPOSES (B) AFFIRMATIVE SUPPORT REQUIRED.—A re- TRUST FUND SEC. 111. (a) FINDINGS.—Congress finds search and development agenda and budget SEC. 112. (a) ESTABLISHMENT.—There is es- may not be submitted by the Board to the that— tablished in the Treasury of the United Secretary without the affirmative support of (1) duties collected on imports of citrus States a trust fund to be known as the ‘‘Cit- at least 7 members of the Board. and citrus products have ranged from rus Disease Research and Development Trust (C) SECRETARIAL APPROVAL.— $50,000,000 to $87,000,000 annually since 2004, Fund’’ (in this section referred to as the (i) IN GENERAL.—Not later than 60 days and are projected to increase, as United ‘‘Trust Fund’’), consisting of such amounts after receiving the proposed research and de- States production declines due to the effects as may be transferred to the Trust Fund velopment agenda and budget from the of huanglongbing (also known as ‘‘HLB’’ or under subsection (b)(1) and any amounts that Board and consulting with the Board, the ‘‘citrus greening disease’’) and imports in- may be credited to the Trust Fund under Secretary shall finalize a citrus research and crease in response to the shortfall in the subsection (d)(2). development agenda and Trust Fund budget. United States; (b) TRANSFER OF AMOUNTS.— (ii) CONSIDERATIONS.—In finalizing the (2) in cases involving other similarly situ- (1) IN GENERAL.—Subject to paragraph (2), agenda and budget, the Secretary shall— ated agricultural commodities, notably the Secretary of Agriculture shall transfer (I) due to the proximity of citrus producers wool, the Federal Government has chosen to to the Trust Fund, from the funds of the to the effects of diseases such as divert a portion of the tariff revenue col- Commodity Credit Corporation that the Sec- huanglongbing and the quickly evolving na- lected on imported products to support ef- retary would have otherwise used to carry ture of scientific understanding of the effect forts of the domestic industry to address out the amendments made by sections 101 of the diseases on citrus production, give challenges facing the industry; and 102, an amount the Secretary determines strong deference to the proposed research (3) citrus and citrus products are a highly to be necessary for the purposes described in and development agenda and budget from the nutritious and healthy part of a balanced subsection (c)(2). Board; and diet; (2) LIMITATION.—The amount transferred to (II) take into account other public and pri- (4) citrus production is an important part the Trust Fund under paragraph (1) may not vate citrus-related research and development of the agricultural economy in Florida, Cali- exceed $30,000,000. projects and funding. fornia, Arizona, and Texas; (c) AVAILABILITY OF AMOUNTS IN TRUST (D) REPORT TO CONGRESS.—Each year, the (5) in the most recent years preceding the FUND.— Secretary shall submit to the Committee on date of the enactment of this Act, citrus (1) AMOUNTS AVAILABLE UNTIL EXPENDED.— Agriculture and the Committee on Ways and fruits have been produced on 900,000 acres, Amounts in the Trust Fund shall remain Means of the House of Representatives and yielding 11,000,000 tons of citrus products available until expended without further ap- the Committee on Agriculture, Nutrition, with a value at the farm of more than propriation. and Forestry and the Committee on Finance $3,200,000,000; (2) AVAILABILITY FOR CITRUS DISEASE RE- of the Senate a report that includes— (6) the commercial citrus sector employs SEARCH AND DEVELOPMENT EXPENDITURES.— (i) the most recent citrus research and de- approximately 110,000 people and contributes Amounts in the Trust Fund shall be avail- velopment agenda and budget of the Sec- approximately $13,500,000,000 to the United able to the Secretary of Agriculture— retary; States economy; (A) for expenditures relating to citrus dis- (ii) an analysis of how, why, and to what (7) the United States citrus industry has ease research and development under section extent the agenda and budget finalized by suffered billions of dollars in damage from 113, including costs relating to contracts or the Secretary differs from the proposal of disease and pests, both domestic and other agreements entered into to carry out the Board; invasive, over the decade preceding the date citrus disease research and development; and

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(B) to cover administrative costs incurred nership, corporation, joint stock company, (ii) TRAVEL EXPENSES.—A member of the by the Secretary in carrying out the provi- association, cooperative, or other legal enti- Board shall be allowed travel expenses, in- sions of that section. ty. cluding per diem in lieu of subsistence, at (d) INVESTMENT OF TRUST FUND.— (5) PRODUCER.—The term ‘‘producer’’ rates authorized for an employee of an agen- (1) IN GENERAL.—The Secretary of the means any person that is engaged in the do- cy under subchapter I of chapter 57 of title 5, Treasury shall invest such portion of the mestic production and commercial sale of United States Code, while away from the Trust Fund as is not required to meet cur- citrus in the United States. home or regular place of business of the rent withdrawals in interest-bearing obliga- (6) PROGRAM.—The term ‘‘program’’ means member in the performance of the duties of tions of the United States or in obligations the citrus research and development pro- the Board. guaranteed as to both principal and interest gram authorized under this section. (3) POWERS.— by the United States. Such obligations may (7) SECRETARY.—The term ‘‘Secretary’’ (A) GIFTS.—The Board may accept, use, be acquired on original issue at the issue means the Secretary of Agriculture. and dispose of gifts or donations of services price or by purchase of outstanding obliga- (8) TRUST FUND.—The term ‘‘Trust Fund’’ or property. tions at the market price. Any obligation ac- means the Citrus Disease Research and De- (B) POSTAL SERVICES.—The Board may use quired by the Trust Fund may be sold by the velopment Trust Fund established under sec- the United States mails in the same manner Secretary of the Treasury at the market tion 112. and under the same conditions as other agen- price. (c) IMPLEMENTATION.— cies of the Federal Government. (2) INTEREST AND PROCEEDS FROM SALE OR (1) REGULATIONS.—Not later than 180 days (C) VOLUNTEER SERVICES.—Notwith- REDEMPTION OF OBLIGATIONS.—The interest after the date of the enactment of this Act, standing section 1342 of title 31, United on, and the proceeds from the sale or re- the Secretary shall promulgate regulations States Code, the Board may accept and use demption of, any obligations held in the to carry out this section. the services of volunteers serving without Trust Fund shall be credited to and form a (2) CITRUS ADVISORY BOARD.— compensation. part of the Trust Fund. (A) ESTABLISHMENT AND MEMBERSHIP.— (D) TECHNICAL AND LOGISTICAL SUPPORT.— (e) REPORTS TO CONGRESS.—Not later than (i) ESTABLISHMENT.—The Citrus Disease Subject to the availability of funds, the Sec- January 15, 2013, and each year thereafter Research and Development Trust Fund Advi- retary shall provide to the Board technical until the year after the termination of the sory Board shall consist of 9 members. and logistical support through contract or Trust Fund, the Secretary of the Treasury, (ii) MEMBERSHIP.—The members of the other means, including— in consultation with the Secretary of Agri- Board shall be appointed by the Secretary. (i) procuring the services of experts and culture, shall submit to Congress a report on (iii) STATUS.—Members of the Board rep- consultants in accordance with section the financial condition and the results of the resent the interests of the citrus industry 3109(b) of title 5, United States Code, but at operations of the Trust Fund that includes— and shall not be considered officers or em- rates for individuals not to exceed the daily (1) a detailed description of the amounts ployees of the Federal Government solely equivalent of the highest rate payable under disbursed from the Trust Fund in the pre- due to membership on the Board. section 5332 of that title; and ceding fiscal year and the manner in which (B) DISTRIBUTION OF APPOINTMENTS.—The (ii) entering into contracts with depart- those amounts were expended; membership of the Board shall consist of— ments, agencies, and instrumentalities of the (2) an assessment of the financial condition (i) 5 members who are domestic producers Federal Government, State agencies, and and the operations of the Trust Fund for the of citrus in Florida; private entities for the preparation of re- current fiscal year; and (ii) 3 members who are domestic producers ports, surveys, and other activities. (3) an assessment of the amounts available of citrus in Arizona or California; and (E) DETAIL OF FEDERAL GOVERNMENT EM- in the Trust Fund for future expenditures. (iii) 1 member who is a domestic producer PLOYEES.— (f) SUNSET PROVISION.—The Trust Fund of citrus in Texas. (i) IN GENERAL.—An employee of the Fed- shall terminate on December 31 of the fifth (C) CONSULTATION.—Prior to making ap- eral Government may be detailed to the calendar year that begins after the date of pointments to the Board, the Secretary shall Commission on a reimbursable or nonreim- the enactment of this Act and all amounts in consult with organizations composed pri- bursable basis. the Trust Fund on December 31 of that fifth marily of citrus producers to receive advice (ii) CIVIL SERVICE STATUS.—The detail of calendar year shall be transferred to the gen- and recommendations regarding Board mem- the employee shall be without interruption eral fund of the Treasury. bership. or loss of civil service status or privilege. CITRUS DISEASE RESEARCH AND DEVELOPMENT (D) BOARD VACANCIES.— (F) GENERAL SERVICES ADMINISTRATION.— TRUST FUND ADVISORY BOARD (i) IN GENERAL.—The Secretary shall ap- The Administrator of General Services shall SEC. 113. (a) PURPOSE.—The purpose of this point a new Board member to serve the re- provide to the Board on a reimbursable basis section is to establish an orderly procedure mainder of a term vacated by a departing administrative support and other services for and financing mechanism for the develop- Board member. the performance of the duties of the Board. ment of an effective and coordinated pro- (ii) REQUIREMENTS.—When filling a va- (G) OTHER DEPARTMENTS AND AGENCIES.— gram of research and product development cancy on the Board, the Secretary shall— Departments and agencies of the United relating to— (I) appoint a citrus producer from the same States may provide to the Board such serv- (1) scientific research concerning diseases State as the Board member being replaced; ices, funds, facilities, staff, and other sup- and pests, both domestic and invasive, af- and port services as may be appropriate. flicting the citrus industry; and (II) prior to making an appointment, con- (4) GENERAL RESPONSIBILITIES OF THE (2) support for the dissemination and com- sult with organizations in that State com- BOARD.— mercialization of relevant information, tech- posed primarily of citrus producers to re- (A) IN GENERAL.—The regulations promul- niques, and technologies discovered pursuant ceive advice and recommendations regarding gated by the Secretary shall define the gen- to research funded through the Citrus Dis- the vacancy. eral responsibilities of the Board, which ease Research and Development Trust Fund (E) TERMS.— shall include the responsibilities— established under section 112 or through (i) IN GENERAL.—Except as provided in (i) to meet, organize, and select from other research projects intended to solve clause (ii), each term of appointment to the among the members of the Board a chair- problems caused by citrus production dis- Board shall be for 5 years. person, other officers, and committees and eases and invasive pests. (ii) INITIAL APPOINTMENTS.—In making ini- subcommittees, as the Board determines to (b) DEFINITIONS.—In this section: tial appointments to the Board, the Sec- be appropriate; (1) BOARD.—The term ‘‘Board’’ means the retary shall appoint 1⁄3 of the members to (ii) to adopt and amend rules and regula- Citrus Disease Research and Development terms of 1, 3, and 5 years, respectively. tions governing the conduct of the activities Trust Fund Advisory Board established (F) DISQUALIFICATION FROM BOARD SERV- of the Board and the performance of the du- under this section. ICE.—If a member or alternate of the Board ties of the Board; (2) CITRUS.— who was appointed as a domestic producer (iii) to hire such experts and consultants as (A) IN GENERAL.—The term ‘‘citrus’’ means ceases to be a producer in the State from the Board considers necessary to enable the edible fruit of the family Rutaceae, com- which the member was appointed, or fails to Board to perform the duties of the Board; monly called ‘‘citrus’’. fulfill the duties of the member according to (iv) to advise the Secretary on citrus re- (B) INCLUSION.—The term ‘‘citrus’’ includes the rules established by the Board under search and development needs; all citrus hybrids and products of citrus hy- paragraph (4)(A)(ii), the member or alternate (v) to propose a research and development brids that are produced for commercial pur- shall be disqualified from serving on the agenda and annual budgets for the Trust poses in the United States. Board. Fund; (3) DEPARTMENT.—The term ‘‘Department’’ (G) COMPENSATION.— (vi) to evaluate and review ongoing re- means the Department of Agriculture. (i) IN GENERAL.—The members of the Board search funded by Trust Fund; (4) PERSON.—The term ‘‘person’’ means any shall serve without compensation, other (vii) to engage in regular consultation and individual, group of individuals, firm, part- than travel expenses described in clause (ii). collaboration with the Department and other

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18156 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 institutional, governmental, and private ac- $2,000,000 of amounts in the Trust Fund to have devoted tens of millions of dollars to- tors conducting scientific research into the the Board for expenses incurred by the Board ward research and efforts to combat causes or treatments of citrus diseases and in carrying out the duties of the Board. huanglongbing and other diseases and pests, pests, both domestic and invasive, so as to— (e) TERMINATION OF BOARD.—The Board but more funding is needed to develop and (I) maximize the effectiveness of the ac- shall terminate on December 31 of the fifth commercialize disease and pest solutions; tivities; calendar year that begins after the date of (11) although imports constitute an in- (II) hasten the development of useful treat- the enactment of this Act. creasing share of the United States market, ments; and importers of citrus products into the United (III) avoid duplicative and wasteful expend- SA 3429. Mr. NELSON of Florida sub- States do not directly fund production re- itures; and mitted an amendment intended to be search in the United States; (viii) to provide the Secretary with such proposed to amendment SA 3404 sub- (12) disease and pest suppression tech- information and advice as the Secretary may mitted by Mr. MERKLEY (for himself, nologies require determinations of safety request. Ms. STABENOW, Mrs. MCCASKILL, Mr. and solutions must be commercialized before (5) CITRUS RESEARCH AND DEVELOPMENT BAUCUS, Mr. WYDEN, Mr. FRANKEN, Mr. use by citrus producers; AGENDA AND BUDGETS.— JOHNSON of South Dakota, and Mr. (13) the complex processes involved in dis- (A) IN GENERAL.—The Board shall submit UDALL of New Mexico) and intended to covery and commercialization of safe and ef- annually to the Secretary a proposed re- fective pest and disease suppression tech- search and development agenda and budget be proposed to the bill H.R. 1, making appropriations for the Department of nologies are expensive and lengthy and the for the Trust Fund, which shall include— need for the technologies is urgent; and (i) an evaluation of ongoing research and Defense and the other departments and (14) research to develop solutions to sup- development efforts; agencies of the Government for the fis- press huanglongbing, or other domestic and (ii) specific recommendations for new cit- cal year ending September 30, 2011, and invasive pests and diseases will benefit all rus research projects; for other purposes; which was ordered citrus producers and consumers around the (iii) a plan for the dissemination and com- to lie on the table; as follows: world. mercialization of relevant information, tech- At the end of the amendment, add the fol- (b) PURPOSES.—The purposes of this sub- niques, and technologies discovered pursuant lowing: title are— to research funded through the Trust Fund; Subtitle B (1) to authorize the establishment of a and trust funded by certain tariff revenues to Citrus Disease Research and Development (iv) a justification for Trust Fund expendi- support scientific research, technical assist- Trust Fund tures. ance, and development activities to combat (B) AFFIRMATIVE SUPPORT REQUIRED.—A re- SHORT TITLE citrus diseases and pests, both domestic and search and development agenda and budget SEC. 111. This subtitle may be cited as the invasive, harming the United States; and may not be submitted by the Board to the ‘‘Citrus Disease Research and Development (2) to require the President to notify the Secretary without the affirmative support of Trust Fund Act of 2012’’. chairperson and ranking member of the Com- at least 7 members of the Board. FINDINGS AND PURPOSES mittee on Finance of the Senate and the (C) SECRETARIAL APPROVAL.— SEC. 112. (a) FINDINGS.—Congress finds Committee on Ways and Means of the House (i) IN GENERAL.—Not later than 60 days that— of Representatives before entering into any after receiving the proposed research and de- (1) duties collected on imports of citrus trade agreement that would decrease the velopment agenda and budget from the and citrus products have ranged from amount of duties collected on imports of cit- Board and consulting with the Board, the $50,000,000 to $87,000,000 annually since 2004, rus products to less than the amount nec- Secretary shall finalize a citrus research and and are projected to increase, as United essary to provide the grants authorized by development agenda and Trust Fund budget. States production declines due to the effects section 1001(d) of the Trade Act of 1974, as (ii) CONSIDERATIONS.—In finalizing the of huanglongbing (also known as ‘‘HLB’’ or added by section 113(a) of this Act. agenda and budget, the Secretary shall— ‘‘citrus greening disease’’) and imports in- (c) EFFECT ON OTHER ACTIVITIES.—Nothing (I) due to the proximity of citrus producers in this subtitle restricts the use of any funds to the effects of diseases such as crease in response to the shortfall in the huanglongbing and the quickly evolving na- United States; for scientific research and technical activi- ture of scientific understanding of the effect (2) in cases involving other similarly situ- ties in the United States. of the diseases on citrus production, give ated agricultural commodities, notably CITRUS DISEASE RESEARCH AND DEVELOPMENT strong deference to the proposed research wool, the Federal Government has chosen to TRUST FUND divert a portion of the tariff revenue col- and development agenda and budget from the SEC. 113. (a) IN GENERAL.—The Trade Act of lected on imported products to support ef- Board; and 1974 (19 U.S.C. 2102 et seq.) is amended by forts of the domestic industry to address (II) take into account other public and pri- adding at the end the following: vate citrus-related research and development challenges facing the industry; ‘‘TITLE X—CITRUS DISEASE RESEARCH projects and funding. (3) citrus and citrus products are a highly AND DEVELOPMENT TRUST FUND (D) REPORT TO CONGRESS.—Each year, the nutritious and healthy part of a balanced Secretary shall submit to the Committee on diet; ‘‘SEC. 1001. CITRUS DISEASE RESEARCH AND DE- Agriculture and the Committee on Ways and (4) citrus production is an important part VELOPMENT TRUST FUND. Means of the House of Representatives and of the agricultural economy in Florida, Cali- ‘‘(a) ESTABLISHMENT.—There is established the Committee on Agriculture, Nutrition, fornia, Arizona, and Texas; in the Treasury of the United States a trust and Forestry and the Committee on Finance (5) in the most recent years preceding the fund to be known as the ‘Citrus Disease Re- of the Senate a report that includes— date of the enactment of this Act, citrus search and Development Trust Fund’ (in this (i) the most recent citrus research and de- fruits have been produced on 900,000 acres, section referred to as the ‘Trust Fund’), con- velopment agenda and budget of the Sec- yielding 11,000,000 tons of citrus products sisting of such amounts as may be trans- retary; with a value at the farm of more than ferred to the Trust Fund under subsection (ii) an analysis of how, why, and to what $3,200,000,000; (b)(1) and any amounts that may be credited extent the agenda and budget finalized by (6) the commercial citrus sector employs to the Trust Fund under subsection (d)(2). the Secretary differs from the proposal of approximately 110,000 people and contributes ‘‘(b) TRANSFER OF AMOUNTS.— the Board; approximately $13,500,000,000 to the United ‘‘(1) IN GENERAL.—Subject to paragraph (2), (iii) an examination of new developments States economy; the Secretary of the Treasury shall transfer in the spread and control of citrus diseases (7) the United States citrus industry has to the Trust Fund, from the general fund of and pests; suffered billions of dollars in damage from the Treasury, amounts determined by the (iv) a discussion of projected research disease and pests, both domestic and Secretary to be equivalent to amounts re- needs; and invasive, over the decade preceding the date ceived in the general fund that are attrib- (v) a review of the effectiveness of the of the enactment of this Act, particularly utable to the duties collected on articles Trust Fund in achieving the purpose de- from huanglongbing; that are citrus or citrus products classifiable scribed in subsection (a). (8) huanglongbing threatens the entire under chapters 8, 20, 21, 22, and 33 of the Har- (6) CONTRACTS AND AGREEMENTS.—To en- United States citrus industry because the monized Tariff Schedule of the United sure the efficient use of funds, the Secretary disease kills citrus trees; States. may enter into contracts or agreements with (9) as of the date of the enactment of this ‘‘(2) LIMITATION.—The amount transferred public or private entities for the implemen- Act, there are no cost effective or environ- to the Trust Fund under paragraph (1) in any tation of a plan or project for citrus re- mentally sound treatments available to sup- fiscal year may not exceed the lesser of— search. press or eradicate huanglongbing; ‘‘(A) an amount equal to 1⁄3 of the amount (d) ADMINISTRATIVE COSTS.—Each fiscal (10) United States citrus producers work- attributable to the duties received on arti- year, the Secretary may transfer up to ing with Federal and State governments cles described in paragraph (1); or

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‘‘(B) $30,000,000. President determines that entering into the (2) CITRUS ADVISORY BOARD.— ‘‘(c) AVAILABILITY OF AMOUNTS IN TRUST trade agreement could result— (A) ESTABLISHMENT AND MEMBERSHIP.— FUND.— ‘‘(1) in a decrease in the amount of duties (i) ESTABLISHMENT.—The Citrus Disease ‘‘(1) AMOUNTS AVAILABLE UNTIL EX- collected on articles that are citrus or citrus Research and Development Trust Fund Advi- PENDED.—Amounts in the Trust Fund shall products classifiable under chapters 8, 20, 21, sory Board shall consist of 9 members. remain available until expended without fur- 22, and 33 of the Harmonized Tariff Schedule (ii) MEMBERSHIP.—The members of the ther appropriation. of the United States; and Board shall be appointed by the Secretary. ‘‘(2) AVAILABILITY FOR CITRUS DISEASE RE- ‘‘(2) in a decrease in the amount of funds (iii) STATUS.—Members of the Board rep- SEARCH AND DEVELOPMENT EXPENDITURES.— being transferred into the Citrus Disease Re- resent the interests of the citrus industry Amounts in the Trust Fund shall be avail- search and Development Trust Fund under and shall not be considered officers or em- able to the Secretary of Agriculture— section 1001 so that amounts available in the ployees of the Federal Government solely ‘‘(A) for expenditures relating to citrus dis- Trust Fund are insufficient to meet the pur- due to membership on the Board. ease research and development under section poses of the Citrus Disease Research and De- (B) DISTRIBUTION OF APPOINTMENTS.—The 114 of the Citrus Disease Research and Devel- velopment Trust Fund Act of 2012.’’. membership of the Board shall consist of— opment Trust Fund Act of 2012, including (b) CLERICAL AMENDMENT.—The table of (i) 5 members who are domestic producers costs relating to contracts or other agree- contents for the Trade Act of 1974 is amended of citrus in Florida; ments entered into to carry out citrus dis- by adding at the end the following: (ii) 3 members who are domestic producers ease research and development; and ‘‘TITLE X—CITRUS DISEASE RESEARCH of citrus in Arizona or California; and ‘‘(B) to cover administrative costs incurred AND DEVELOPMENT TRUST FUND (iii) 1 member who is a domestic producer by the Secretary in carrying out the provi- ‘‘Sec. 1001. Citrus Disease Research and De- of citrus in Texas. sions of that Act. velopment Trust Fund. (C) CONSULTATION.—Prior to making ap- ‘‘(d) INVESTMENT OF TRUST FUND.— ‘‘Sec. 1002. Reports required before entering pointments to the Board, the Secretary shall ‘‘(1) IN GENERAL.—The Secretary of the into certain trade agree- consult with organizations composed pri- Treasury shall invest such portion of the ments.’’. marily of citrus producers to receive advice and recommendations regarding Board mem- Trust Fund as is not required to meet cur- CITRUS DISEASE RESEARCH AND DEVELOPMENT bership. rent withdrawals in interest-bearing obliga- TRUST FUND ADVISORY BOARD (D) BOARD VACANCIES.— tions of the United States or in obligations SEC. 114. (a) PURPOSE.—The purpose of this guaranteed as to both principal and interest (i) IN GENERAL.—The Secretary shall ap- section is to establish an orderly procedure point a new Board member to serve the re- by the United States. Such obligations may and financing mechanism for the develop- be acquired on original issue at the issue mainder of a term vacated by a departing ment of an effective and coordinated pro- Board member. price or by purchase of outstanding obliga- gram of research and product development (ii) REQUIREMENTS.—When filling a va- tions at the market price. Any obligation ac- relating to— quired by the Trust Fund may be sold by the cancy on the Board, the Secretary shall— (1) scientific research concerning diseases (I) appoint a citrus producer from the same Secretary of the Treasury at the market and pests, both domestic and invasive, af- price. State as the Board member being replaced; flicting the citrus industry; and and ‘‘(2) INTEREST AND PROCEEDS FROM SALE OR (2) support for the dissemination and com- (II) prior to making an appointment, con- REDEMPTION OF OBLIGATIONS.—The interest mercialization of relevant information, tech- sult with organizations in that State com- on, and the proceeds from the sale or re- niques, and technologies discovered pursuant posed primarily of citrus producers to re- demption of, any obligations held in the to research funded through the Citrus Dis- ceive advice and recommendations regarding Trust Fund shall be credited to and form a ease Research and Development Trust Fund the vacancy. part of the Trust Fund. established under section 1001 of the Trade (E) TERMS.— ‘‘(e) REPORTS TO CONGRESS.—Not later than Act of 1974, as added by section 113(a) of this (i) IN GENERAL.—Except as provided in January 15, 2013, and each year thereafter Act, or through other research projects in- clause (ii), each term of appointment to the until the year after the termination of the tended to solve problems caused by citrus Board shall be for 5 years. Trust Fund, the Secretary of the Treasury, production diseases and invasive pests. (ii) INITIAL APPOINTMENTS.—In making ini- in consultation with the Secretary of Agri- (b) DEFINITIONS.—In this section: tial appointments to the Board, the Sec- culture, shall submit to Congress a report on (1) BOARD.—The term ‘‘Board’’ means the retary shall appoint 1⁄3 of the members to the financial condition and the results of the Citrus Disease Research and Development terms of 1, 3, and 5 years, respectively. operations of the Trust Fund that includes— Trust Fund Advisory Board established (F) DISQUALIFICATION FROM BOARD SERV- ‘‘(1) a detailed description of the amounts under this section. ICE.—If a member or alternate of the Board disbursed from the Trust Fund in the pre- (2) CITRUS.— who was appointed as a domestic producer ceding fiscal year and the manner in which (A) IN GENERAL.—The term ‘‘citrus’’ means ceases to be a producer in the State from those amounts were expended; edible fruit of the family Rutaceae, com- which the member was appointed, or fails to ‘‘(2) an assessment of the financial condi- monly called ‘‘citrus’’. fulfill the duties of the member according to tion and the operations of the Trust Fund for (B) INCLUSION.—The term ‘‘citrus’’ includes the rules established by the Board under the current fiscal year; and all citrus hybrids and products of citrus hy- paragraph (4)(A)(ii), the member or alternate ‘‘(3) an assessment of the amounts avail- brids that are produced for commercial pur- shall be disqualified from serving on the able in the Trust Fund for future expendi- poses in the United States. Board. tures. (3) DEPARTMENT.—The term ‘‘Department’’ (G) COMPENSATION.— ‘‘(f) REMISSION OF SURPLUS FUNDS.—The means the Department of Agriculture. (i) IN GENERAL.—The members of the Board Secretary of the Treasury may remit to the (4) PERSON.—The term ‘‘person’’ means any shall serve without compensation, other general fund of the Treasury such amounts individual, group of individuals, firm, part- than travel expenses described in clause (ii). as the Secretary of Agriculture reports to be nership, corporation, joint stock company, (ii) TRAVEL EXPENSES.—A member of the in excess of the amounts necessary to meet association, cooperative, or other legal enti- Board shall be allowed travel expenses, in- the purposes of the Citrus Disease Research ty. cluding per diem in lieu of subsistence, at and Development Trust Fund Act of 2012. (5) PRODUCER.—The term ‘‘producer’’ rates authorized for an employee of an agen- ‘‘(g) SUNSET PROVISION.—The Trust Fund means any person that is engaged in the do- cy under subchapter I of chapter 57 of title 5, shall terminate on December 31 of the fifth mestic production and commercial sale of United States Code, while away from the calendar year that begins after the date of citrus in the United States. home or regular place of business of the the enactment of the Citrus Disease Re- (6) PROGRAM.—The term ‘‘program’’ means member in the performance of the duties of search and Development Trust Fund Act of the citrus research and development pro- the Board. 2012 and all amounts in the Trust Fund on gram authorized under this section. (3) POWERS.— December 31 of that fifth calendar year shall (7) SECRETARY.—The term ‘‘Secretary’’ (A) GIFTS.—The Board may accept, use, be transferred to the general fund of the means the Secretary of Agriculture. and dispose of gifts or donations of services Treasury. (8) TRUST FUND.—The term ‘‘Trust Fund’’ or property. ‘‘SEC. 1002. REPORTS REQUIRED BEFORE ENTER- means the Citrus Disease Research and De- (B) POSTAL SERVICES.—The Board may use ING INTO CERTAIN TRADE AGREE- velopment Trust Fund established under sec- the United States mails in the same manner MENTS. tion 1001 of the Trade Act of 1974, as added by and under the same conditions as other agen- ‘‘The President shall notify the chair- section 113(a) of this Act. cies of the Federal Government. person and ranking member of the Com- (c) IMPLEMENTATION.— (C) VOLUNTEER SERVICES.—Notwith- mittee on Finance of the Senate and the (1) REGULATIONS.—Not later than 180 days standing section 1342 of title 31, United Committee on Ways and Means of the House after the date of the enactment of this Act, States Code, the Board may accept and use of Representatives not later than 90 days be- the Secretary shall promulgate regulations the services of volunteers serving without fore entering into a trade agreement if the to carry out this section. compensation.

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(D) TECHNICAL AND LOGISTICAL SUPPORT.— (iii) a plan for the dissemination and com- paragraph (1) shall be appropriately reduced Subject to the availability of funds, the Sec- mercialization of relevant information, tech- to reflect the amount of the increase by rea- retary shall provide to the Board technical niques, and technologies discovered pursuant son of such paragraph. and logistical support through contract or to research funded through the Trust Fund; EXTENSION OF CUSTOMS USER FEES other means, including— and SEC. 116. Section 13031(j)(3) of the Consoli- (i) procuring the services of experts and (iv) a justification for Trust Fund expendi- dated Omnibus Budget Reconciliation Act of consultants in accordance with section tures. 1985 (19 U.S.C. 58c(j)(3)) is amended by adding 3109(b) of title 5, United States Code, but at (B) AFFIRMATIVE SUPPORT REQUIRED.—A re- at the end the following: rates for individuals not to exceed the daily search and development agenda and budget ‘‘(C)(i) Notwithstanding subparagraph (A), equivalent of the highest rate payable under may not be submitted by the Board to the fees may be charged under paragraphs (9) and Secretary without the affirmative support of section 5332 of that title; and (10) of subsection (a) during the period begin- (ii) entering into contracts with depart- at least 7 members of the Board. ning on October 23, 2021, and ending on No- ments, agencies, and instrumentalities of the (C) SECRETARIAL APPROVAL.— vember 6, 2021. Federal Government, State agencies, and (i) IN GENERAL.—Not later than 60 days ‘‘(ii) Notwithstanding subparagraph (B)(i), private entities for the preparation of re- after receiving the proposed research and de- fees may be charged under paragraphs (1) velopment agenda and budget from the ports, surveys, and other activities. through (8) of subsection (a) during the pe- (E) DETAIL OF FEDERAL GOVERNMENT EM- Board and consulting with the Board, the riod beginning on October 30, 2021, and end- PLOYEES.— Secretary shall finalize a citrus research and ing on November 13, 2021.’’. (i) IN GENERAL.—An employee of the Fed- development agenda and Trust Fund budget. eral Government may be detailed to the (ii) CONSIDERATIONS.—In finalizing the SA 3430. Mr. LIEBERMAN submitted Commission on a reimbursable or nonreim- agenda and budget, the Secretary shall— bursable basis. (I) due to the proximity of citrus producers an amendment intended to be proposed (ii) CIVIL SERVICE STATUS.—The detail of to the effects of diseases such as by him to the bill H.R. 1, making ap- the employee shall be without interruption huanglongbing and the quickly evolving na- propriations for the Department of De- or loss of civil service status or privilege. ture of scientific understanding of the effect fense and the other departments and (F) GENERAL SERVICES ADMINISTRATION.— of the diseases on citrus production, give agencies of the Government for the fis- The Administrator of General Services shall strong deference to the proposed research cal year ending September 30, 2011, and provide to the Board on a reimbursable basis and development agenda and budget from the for other purposes; which was ordered administrative support and other services for Board; and to lie on the table; as follows: the performance of the duties of the Board. (II) take into account other public and pri- (G) OTHER DEPARTMENTS AND AGENCIES.— vate citrus-related research and development On page 69, strike line 1 and insert the fol- Departments and agencies of the United projects and funding. lowing: States may provide to the Board such serv- (D) REPORT TO CONGRESS.—Each year, the (m) HOUSES OF WORSHIP.—For purposes of ices, funds, facilities, staff, and other sup- Secretary shall submit to the Committee on providing assistance under the Robert T. port services as may be appropriate. Agriculture and the Committee on Ways and Stafford Disaster Relief and Emergency As- (4) GENERAL RESPONSIBILITIES OF THE Means of the House of Representatives and sistance Act (42 U.S.C. 5121 et seq.) relating BOARD.— the Committee on Agriculture, Nutrition, to a major disaster declared by the President (A) IN GENERAL.—The regulations promul- and Forestry and the Committee on Finance under section 401 of such Act (42 U.S.C. 5170) gated by the Secretary shall define the gen- of the Senate a report that includes— relating to Hurricane Sandy, the term ‘‘pri- eral responsibilities of the Board, which (i) the most recent citrus research and de- vate nonprofit facility’’ shall include a house shall include the responsibilities— velopment agenda and budget of the Sec- of worship. (i) to meet, organize, and select from retary; (n) APPLICABILITY.—Unless otherwise speci- among the members of the Board a chair- (ii) an analysis of how, why, and to what fied, person, other officers, and committees and extent the agenda and budget finalized by subcommittees, as the Board determines to the Secretary differs from the proposal of SA 3431. Mr. LIEBERMAN submitted be appropriate; the Board; an amendment intended to be proposed (ii) to adopt and amend rules and regula- (iii) an examination of new developments by him to the bill H.R. 1, making ap- tions governing the conduct of the activities in the spread and control of citrus diseases propriations for the Department of De- of the Board and the performance of the du- and pests; fense and the other departments and ties of the Board; (iv) a discussion of projected research agencies of the Government for the fis- (iii) to hire such experts and consultants as needs; and the Board considers necessary to enable the (v) a review of the effectiveness of the cal year ending September 30, 2011, and Board to perform the duties of the Board; Trust Fund in achieving the purpose de- for other purposes; which was ordered (iv) to advise the Secretary on citrus re- scribed in subsection (a). to lie on the table; as follows: search and development needs; (6) CONTRACTS AND AGREEMENTS.—To en- On page 69, strike line 1 and insert the fol- (v) to propose a research and development sure the efficient use of funds, the Secretary lowing: agenda and annual budgets for the Trust may enter into contracts or agreements with (m) HOUSES OF WORSHIP.—Section Fund; public or private entities for the implemen- 102(10)(B) of the Robert T. Stafford Disaster (vi) to evaluate and review ongoing re- tation of a plan or project for citrus re- Relief and Emergency Assistance Act (42 search funded by Trust Fund; search. U.S.C. 5122(10)(B)) is amended by inserting (vii) to engage in regular consultation and (d) ADMINISTRATIVE COSTS.—Each fiscal ‘‘houses of worship and’’ before ‘‘any private collaboration with the Department and other year, the Secretary may transfer up to nonprofit facility’’. institutional, governmental, and private ac- $2,000,000 of amounts in the Trust Fund to (n) APPLICABILITY.—Unless otherwise speci- tors conducting scientific research into the the Board for expenses incurred by the Board fied, causes or treatments of citrus diseases and in carrying out the duties of the Board. pests, both domestic and invasive, so as to— (e) TERMINATION OF BOARD.—The Board SA 3432. Mr. REID (for Mr. VITTER shall terminate on December 31 of the fifth (I) maximize the effectiveness of the ac- (for himself, Mr. WARNER, Mr. NELSON tivities; calendar year that begins after the date of the enactment of this Act. of Florida, and Ms. LANDRIEU)) pro- (II) hasten the development of useful treat- posed an amendment to the bill H.R. ments; and TIME FOR PAYMENT OF CORPORATE ESTIMATED (III) avoid duplicative and wasteful expend- TAXES 4212, to prevent the introduction into itures; and SEC. 115. Notwithstanding section 6655 of commerce of unsafe drywall, to ensure (viii) to provide the Secretary with such the Internal Revenue Code of 1986— the manufacturer of drywall is readily information and advice as the Secretary may (1) in the case of a corporation with assets identifiable, to ensure that problem- request. of not less than $1,000,000,000 (determined as atic drywall removed from homes is (5) CITRUS RESEARCH AND DEVELOPMENT of the end of the preceding taxable year), the not reused, and for other purposes; as AGENDA AND BUDGETS.— amount of any required installment of cor- follows: (A) IN GENERAL.—The Board shall submit porate estimated tax which is otherwise due annually to the Secretary a proposed re- in July, August, or September of 2017 shall Strike all after the enacting clause and in- search and development agenda and budget be increased by 0.25 percent of such amount sert the following: for the Trust Fund, which shall include— (determined without regard to any increase SECTION 1. SHORT TITLE. (i) an evaluation of ongoing research and in such amount not contained in such Code); This Act may be cited as the ‘‘Drywall development efforts; and Safety Act of 2012’’. (ii) specific recommendations for new cit- (2) the amount of the next required install- SEC. 2. SENSE OF CONGRESS. rus research projects; ment after an installment referred to in It is the sense of Congress that—

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18159 (1) the Secretary of Commerce should in- (C) such voluntary standard is developed SECTION 1. SHORT TITLE; TABLE OF CONTENTS. sist that the Government of the People’s Re- by Subcommittee C11.01 on Specifications (a) SHORT TITLE.—This Act may be cited as public of China, which has ownership inter- and Test Methods for Gypsum Products of the ‘‘World War I Centennial Commission ests in the companies that manufactured and ASTM International. Act’’. exported problematic drywall to the United (2) FEDERAL REGISTER.—Any determination (b) TABLE OF CONTENTS.—The table of con- States, facilitate a meeting between the made under paragraph (1) shall be published tents for this Act is as follows: companies and representatives of the United in the Federal Register. Sec. 1. Short title; table of contents. States Government on remedying home- (d) TREATMENT OF VOLUNTARY STANDARD Sec. 2. Findings. FOR PURPOSES OF ENFORCEMENT.—If the Com- owners that have problematic drywall in Sec. 3. Definitions. mission determines that a voluntary stand- their homes; and Sec. 4. Establishment of World War I Cen- ard meets the conditions in subsection (c)(1), (2) the Secretary of Commerce should in- tennial Commission. the sulfur content limit in such voluntary sist that the Government of the People’s Re- Sec. 5. Duties of Centennial Commission. standard shall be treated as a consumer public of China direct the companies that Sec. 6. Powers of Centennial Commission. product safety rule promulgated under sec- manufactured and exported problematic Sec. 7. Centennial Commission personnel tion 9 of the Consumer Product Safety Act drywall to submit to jurisdiction in United matters. (15 U.S.C. 2058) beginning on the date that is States Federal Courts and comply with any Sec. 8. Termination of Centennial Commis- the later of— decisions issued by the Courts for home- sion. owners with problematic drywall. (1) 180 days after publication of the Com- Sec. 9. Prohibition on obligation of Federal mission’s determination under subsection SEC. 3. DRYWALL LABELING REQUIREMENT. funds. (a) LABELING REQUIREMENT.—Beginning 180 (c); or SEC. 2. FINDINGS. days after the date of the enactment of this (2) the effective date contained in the vol- Act, the gypsum board labeling provisions of untary standard. Congress makes the following findings: standard ASTM C1264-11 of ASTM Inter- (e) REVISION OF VOLUNTARY STANDARD.—If (1) From 2014 through 2018, the United national, as in effect on the day before the the sulfur content limit of a voluntary States and nations around the world will date of the enactment of this Act, shall be standard that met the conditions of sub- mark the centennial of World War I, includ- treated as a rule promulgated by the Con- section (c)(1) is subsequently revised, the or- ing the entry of the United States into the sumer Product Safety Commission under ganization responsible for the standard shall war in April 1917. section 14(c) of the Consumer Product Safety notify the Commission no later than 60 days (2) America’s support of Great Britain, Act (15 U.S.C. 2063(c)). after final approval of the revision. The sul- France, Belgium, and its other allies in (b) REVISION OF STANDARD.—If the gypsum fur content limit of the revised voluntary World War I marked the first time in United board labeling provisions of the standard re- standard shall become enforceable as a Com- States history that American soldiers went ferred to in subsection (a) are revised on or mission rule promulgated under section 9 of abroad in defense of liberty against foreign after the date of the enactment of this Act, the Consumer Product Safety Act (15 U.S.C. aggression, and it marked the true beginning ASTM International shall notify the Com- 2058), in lieu of the prior version, effective of the ‘‘American century’’. mission of such revision no later than 60 180 days after the Commission is notified of (3) Although World War I was at the time days after final approval of the revision by the revision (or such later date as the Com- called ‘‘the war to end all wars’’, in fact the ASTM International. The revised provisions mission considers appropriate), unless within United States would commit its troops to shall be treated as a rule promulgated by the 90 days after receiving that notice the Com- the defense of foreign lands 3 more times in Commission under section 14(c) of such Act mission determines that the sulfur content the 20th century. (15 U.S.C. 2063(c)), in lieu of the prior limit of the revised voluntary standard does (4) More than 4,000,000 men and women version, effective 180 days after the Commis- not meet the requirements of subsection from the United States served in uniform sion is notified of the revision (or such later (c)(1)(A), in which case the Commission shall during World War I, among them 2 future date as the Commission considers appro- continue to enforce the prior version. presidents, Harry S. Truman and Dwight D. priate), unless within 90 days after receiving (f) FUTURE RULEMAKING.—The Commission, Eisenhower. Two million individuals from that notice the Commission determines that at any time subsequent to publication of the the United States served overseas during the revised provisions do not adequately consumer product safety rule required by World War I, including 200,000 naval per- identify gypsum board by manufacturer and subsection (a) or a determination under sub- sonnel who served on the seas. The United month and year of manufacture, in which section (c), may initiate a rulemaking in ac- States suffered 375,000 casualties during case the Commission shall continue to en- cordance with section 553 of title 5, United World War I, including 116,516 deaths. force the prior version. States Code, to modify the sulfur content (5) The events of 1914 through 1918 shaped limit or to include any provision relating the world, the United States, and the lives of SEC. 4. SULFUR CONTENT IN DRYWALL STAND- ARD. only to the composition or characteristics of millions of people. (6) The centennial of World War I offers an (a) RULE ON SULFUR CONTENT IN DRYWALL drywall that the Commission determines is opportunity for people in the United States REQUIRED.—Except as provided in subsection reasonably necessary to protect public (c), not later than 2 years after the date of health or safety. Any rule promulgated to learn about and commemorate the sac- the enactment of this Act, the Consumer under this subsection shall be treated as a rifices of their predecessors. Product Safety Commission shall promul- consumer product safety rule promulgated (7) Commemorative programs, activities, gate a final rule pertaining to drywall manu- under section 9 of the Consumer Product and sites allow people in the United States factured or imported for use in the United Safety Act (15 U.S.C. 2058). to learn about the history of World War I, States that limits sulfur content to a level SEC. 5. REVISION OF REMEDIATION GUIDANCE the United States involvement in that war, not associated with elevated rates of corro- FOR DRYWALL DISPOSAL REQUIRED. and the war’s effects on the remainder of the sion in the home. Not later than 120 days after the date of 20th century, and to commemorate and (b) RULE MAKING; CONSUMER PRODUCT the enactment of this Act, the Consumer honor the participation of the United States SAFETY STANDARD.—A rule under subsection Product Safety Commission shall revise its and its citizens in the war effort. (a)— guidance entitled ‘‘Remediation Guidance SEC. 3. DEFINITIONS. (1) shall be promulgated in accordance for Homes with Corrosion from Problem In this Act— with section 553 of title 5, United States Drywall’’ to specify that problematic (1) AMERICA’S NATIONAL WORLD WAR I MU- Code; and drywall removed from homes pursuant to the SEUM.—The term ‘‘America’s National World (2) shall be treated as a consumer product guidance should not be reused or used as a War I Museum’’ means the Liberty Memorial safety rule promulgated under section 9 of component in production of new drywall. Museum in Kansas City, Missouri, as recog- the Consumer Product Safety Act (15 U.S.C. nized by Congress in section 1031(b) of the 2058). SA 3433. Mr. REID (for Mrs. MCCAS- Ronald W. Reagan National Defense Author- (c) EXCEPTION.— KILL (for herself and Mr. BLUNT)) pro- ization Act for Fiscal Year 2005 (Public Law (1) VOLUNTARY STANDARD.—Subsection (a) posed an amendment to the bill H.R. 108–375; 118 Stat. 2045). shall not apply if the Commission deter- 6364, to establish a commission to en- (2) CENTENNIAL COMMISSION.—The term mines that— sure a suitable observance of the cen- ‘‘Centennial Commission’’ means the World (A) a voluntary standard pertaining to tennial of World War I, to provide for War I Centennial Commission established by drywall manufactured or imported for use in the designation of memorials to the section 4(a). the United States limits sulfur content to a (3) VETERANS SERVICE ORGANIZATION.—The level not associated with elevated rates of service of members of the United term ‘‘veterans service organization’’ means corrosion in the home; States Armed Forces in World War I, any organization recognized by the Sec- (B) such voluntary standard is or will be in and for other purposes; as follows: retary of Veterans Affairs for the representa- effect not later than two years after the date Strike all after the enacting clause and in- tion of veterans under section 5902 of title 38, of enactment of this Act; and sert the following: United States Code.

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18160 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 SEC. 4. ESTABLISHMENT OF WORLD WAR I CEN- (3) To facilitate and coordinate activities SEC. 7. CENTENNIAL COMMISSION PERSONNEL TENNIAL COMMISSION. throughout the United States relating to the MATTERS. (a) ESTABLISHMENT.—There is established a centennial of World War I. (a) COMPENSATION OF MEMBERS.—Members commission to be known as the ‘‘World War (4) To serve as a clearinghouse for the col- of the Centennial Commission shall serve I Centennial Commission’’. lection and dissemination of information without compensation for such service. (b) TRAVEL EXPENSES.—Each member of (b) MEMBERSHIP.— about events and plans for the centennial of the Centennial Commission shall be allowed (1) COMPOSITION.—The Centennial Commis- World War I. travel expenses, including per diem in lieu of sion shall be composed of 12 members as fol- (5) To develop recommendations for Con- subsistence, in accordance with the applica- lows: gress and the President for commemorating ble provisions of title 5, United States Code. (A) Two members who shall be appointed the centennial of World War I. (c) STAFF.— by the Speaker of the House of Representa- (b) REPORTS.— (1) IN GENERAL.—The Chair of the Centen- tives. (1) PERIODIC REPORT.—Not later than the nial Commission shall, in consultation with (B) One member who shall be appointed by last day of the 6-month period beginning on the members of the Centennial Commission, the minority leader of the House of Rep- the date of the enactment of this Act, and appoint an executive director and such other resentatives. not later than the last day of each 3-month additional personnel as may be necessary to (C) Two members who shall be appointed period thereafter, the Centennial Commis- enable the Centennial Commission to per- by the majority leader of the Senate. sion shall submit to Congress and the Presi- form its duties. (D) One member who shall be appointed by dent a report on the activities and plans of (2) COMPENSATION.— the minority leader of the Senate. the Centennial Commission. (A) IN GENERAL.—Subject to subparagraph (E) Three members who shall be appointed (2) RECOMMENDATIONS.—Not later than 2 (B), the Chair of the Centennial Commission by the President from among persons who years after the date of the enactment of this may fix the compensation of the executive are broadly representative of the people of Act, the Centennial Commission shall sub- director and any other personnel appointed the United States (including members of the mit to Congress and the President a report under paragraph (1). Armed Forces, veterans, and representatives containing specific recommendations for (B) LIMITATION.—The Chair of the Centen- of veterans service organizations). commemorating the centennial of World War nial Commission may not fix the compensa- (F) One member who shall be appointed by I and coordinating related activities. tion of the executive director or other per- the executive director of the Veterans of SEC. 6. POWERS OF CENTENNIAL COMMISSION. sonnel appointed under paragraph (1) at a Foreign Wars of the United States. rate that exceeds the rate of payable for (G) One member who shall be appointed by (a) HEARINGS.—The Centennial Commission may hold such hearings, sit and act at such level IV of the Executive Schedule under sec- the executive director of the American Le- tion 5315 of title 5, United States Code. gion. times and places, take such testimony, and receive such evidence as the Centennial (C) WORK LOCATION.—If the city govern- (H) One member who shall be appointed by ment for Kansas City, Missouri, and the Lib- the president of the Liberty Memorial Asso- Commission considers appropriate to carry out its duties under this Act. erty Memorial Association make space avail- ciation. able in the building in which the America’s (b) POWERS OF MEMBER AND AGENTS.—If au- (2) TIME FOR APPOINTMENT.—The members National World War I Museum is located, the thorized by the Centennial Commission, any of the Centennial Commission shall be ap- executive director of the Centennial Com- member or agent of the Centennial Commis- pointed not later than 60 days after the date mission and other personnel appointed under sion may take any action which the Centen- of the enactment of this Act. paragraph (1) shall work in such building to nial Commission is authorized to take under (3) PERIOD OF APPOINTMENT.—Each member the extent practical. this Act. shall be appointed for the life of the Centen- (d) DETAIL OF GOVERNMENT EMPLOYEES.— nial Commission. (c) INFORMATION FROM FEDERAL AGEN- Upon request of the Centennial Commission, (4) VACANCIES.—A vacancy in the Centen- CIES.—The Centennial Commission shall se- the head of any Federal department or agen- nial Commission shall be filled in the man- cure directly from any Federal department cy may detail, on a reimbursable basis, any ner in which the original appointment was or agency such information as the Centen- employee of that department or agency to made. nial Commission considers necessary to the Centennial Commission to assist it in (c) MEETINGS.— carry out the provisions of this Act. Upon carrying out its duties under this Act. (1) INITIAL MEETING.— the request of the Chair of the Centennial (e) PROCUREMENT OF TEMPORARY AND (A) IN GENERAL.—Not later than 30 days Commission, the head of such department or INTERMITTENT SERVICES.—The Chair of the after the date on which all members of the agency shall furnish such information to the Centennial Commission may procure tem- Centennial Commission have been appointed, Centennial Commission. porary and intermittent services under sec- the Centennial Commission shall hold its (d) ADMINISTRATIVE SUPPORT SERVICES.— tion 3109(b) of title 5, United States Code. first meeting. Upon the request of the Centennial Commis- (f) SOURCE OF FUNDS.—Gifts, bequests, and (B) LOCATION.—The location for the meet- sion, the Administrator of the General Serv- devises of services or property, both real and ing held under subparagraph (A) shall be the ices Administration shall provide to the Cen- personal, received by the Centennial Com- America’s National World War I Museum. tennial Commission, on a reimbursable mission under section 6(g) shall be the only (2) SUBSEQUENT MEETINGS.— basis, the administrative support services source of funds to cover the costs incurred (A) IN GENERAL.—The Centennial Commis- necessary for the Centennial Commission to by the Centennial Commission under this sion shall meet at the call of the Chair. carry out its responsibilities under this Act. section. (B) FREQUENCY.—The Chair shall call a (e) CONTRACT AUTHORITY.— SEC. 8. TERMINATION OF CENTENNIAL COMMIS- SION. meeting of the members of the Centennial (1) IN GENERAL.—Except as provided in Commission not less frequently than once paragraph (2), the Centennial Commission is (a) IN GENERAL.—The Centennial Commis- each year. authorized— sion shall terminate on the earlier of— (C) LOCATION.—Not less frequently than (A) to procure supplies, services, and prop- (1) the date that is 30 days after the date once each year, the Centennial Commission erty; and the completion of the activities under this shall meet at the America’s National World (B) to make or enter into contracts, leases, Act honoring the centennial observation of War I Museum. or other legal agreements. World War I; or (2) July 28, 2019. (3) QUORUM.—Seven members of the Cen- (2) LIMITATION.—The Centennial Commis- (b) APPLICATION OF FEDERAL ADVISORY tennial Commission shall constitute a sion may not enter into any contract, lease, COMMITTEE ACT.— quorum, but a lesser number may hold hear- or other legal agreement that extends be- (1) IN GENERAL.—Except as provided in ings. yond the date of the termination of the Cen- paragraph (2), the provisions of the Federal (d) CHAIR AND VICE CHAIR.—The Centennial tennial Commission under section 8(a). Advisory Committee Act (5 U.S.C. App.) Commission shall select a Chair and Vice (f) POSTAL SERVICES.—The Centennial Chair from among its members. shall apply to the activities of the Centen- Commission may use the United States nial Commission under this Act. SEC. 5. DUTIES OF CENTENNIAL COMMISSION. mails in the same manner and under the (2) EXCEPTION.—Section 14(a)(2) of such Act (a) IN GENERAL.—The duties of the Centen- same conditions as other departments and shall not apply to the Centennial Commis- nial Commission are as follows: agencies of the Federal Government. sion. (1) To plan, develop, and execute programs, (g) GIFTS, BEQUESTS, AND DEVISES.—The SEC. 9. PROHIBITION ON OBLIGATION OF FED- projects, and activities to commemorate the Centennial Commission shall accept, use, ERAL FUNDS. centennial of World War I. and dispose of gifts, bequests, or devises of No Federal funds may be obligated to carry (2) To encourage private organizations and services or property, both real and personal, out this Act. State and local governments to organize and for the purpose of covering the costs in- participate in activities commemorating the curred by the Centennial Commission to SA 3434. Mr. REID (for Mr. VITTER centennial of World War I. carry out its duties under this Act. (for himself and Mr. BROWN of Ohio))

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18161 proposed an amendment to the bill S. (II) securities lending to primary dealers consideration of the FISA bill, the text 3709, to require a Government Account- through the Primary Dealer Credit Facility for each of the amendments in order ability Office examination of trans- and the Term Securities Lending Facility; under the previous agreement is at the actions between large financial institu- (III) lending to institutions through the desk. Term Asset-Backed Securities Loan Facil- tions and the Federal Government, and ity; or The PRESIDING OFFICER. Without for other purposes. (IV) purchasing assets through the Maiden objection, it is so ordered. Strike all after the enacting clause and in- Lane facility; and f (C) actions by the Federal Deposit Insur- sert the following: EXECUTIVE SESSION SECTION 1. GOVERNMENT ACCOUNTABILITY OF- ance Corporation, such as— FICE STUDY OF TRANSACTIONS BE- (i) guaranteeing debt or deposits through TWEEN LARGE FINANCIAL COMPA- the Temporary Liquidity Guarantee Pro- NIES AND THE FEDERAL GOVERN- gram; or EXECUTIVE CALENDAR MENT. (ii) pricing of assessments related to any Mr. REID. Mr. President, I ask unan- (a) DEFINITIONS.—For purposes of this such guarantees; and imous consent that the Senate proceed Act— (6) any extraordinary assistance provided to executive session to consider the fol- (1) the term ‘‘covered institution’’ means to American Insurance Group, but ulti- lowing nominations: Calendar Nos. 834, any bank holding company having more than mately received by one of the covered insti- $500,000,000,000 in consolidated assets; and tutions; and 835, 877; that the nominations be con- (2) the term ‘‘economic benefit’’ means the (7) any Government actions that resulted firmed en bloc; the motions to recon- difference between actual loans terms of- in the payment or nonpayment of credit de- sider be considered made and laid upon fered, debt or equity prices, or asset values fault swap contracts entered into by a cov- the table, with no intervening action and a reasonable estimate of what such ered institution. or debate; that no further motions be terms, prices, or values might have been, as SEC. 2. REPORT TO CONGRESS. in order to any of the nominations; determined by examining actual values of Not later than 1 year after the date of en- that any related statements be printed comparable transaction in the private mar- actment of this Act, the Comptroller shall in the RECORD; and that the President kets or by estimating the values of com- submit a report to Congress detailing the parable transactions priced to properly re- be immediately notified of the Senate’s findings of the Comptroller in the study con- action. flect associated risk. ducted under this Act. Such report shall be (b) GAO STUDY.—The Comptroller General made electronically available to the public, The PRESIDING OFFICER. Without of the United States (in this section referred except that any proprietary, sensitive, or objection, it is so ordered. to as the ‘‘Comptroller’’) shall conduct a confidential information shall be redacted in The nominations considered and con- study of covered institutions, such as— any release to the public. firmed en bloc are as follows: (1) the favorable pricing of the debt of such SEC. 3. RULE OF CONSTRUCTION. THE JUDICIARY institutions, relative to their risk profile re- Nothing in this Act may be construed to sulting from the perception that such insti- Matthew W. Brann, of Pennsylvania, to be provide authority inconsistent with, or to tutions will receive Government support in United States District Judge for the Middle otherwise affect, section 714 of title 31 the event of any financial stress; District of Pennsylvania. United States Code. (2) any favorable funding or economic Malachy Edward Mannion, of Pennsyl- treatment resulting from an increase in the f vania, to be United States District Judge for credit rating for covered institutions, as a the Middle District of Pennsylvania. result of express, implied, or perceived Gov- AUTHORITY FOR COMMITTEES TO Jon S. Tigar, of California, to be United ernment support; MEET States District Judge for the Northern Dis- trict of California. (3) any economic benefit to covered insti- COMMITTEE ON FINANCE tutions resulting from the ownership of, or Mr. REID. Mr. President, I ask unan- f affiliation with, an insured depository insti- tution; imous consent that the Committee on NOMINATION DISCHARGED (4) any economic benefit resulting from the Finance be authorized to meet during Mr. REID. Mr. President, I ask unan- status of covered institutions as a bank hold- the session of the Senate following a imous consent that the Veterans’ Af- ing company, including access to Federal de- vote on the Senate Floor on December fairs Committee be discharged from posit insurance and the discount window of 21, 2012. further consideration of following nom- the Board of Governors of the Federal Re- The PRESIDING OFFICER. Without ination: PN 2024; that the nomination serve System before the date of enactment of objection, it is so ordered. this Act; be confirmed; the motion to reconsider (5) any economic benefit received through f be considered made and laid upon the table, with no intervening action or de- extraordinary Government actions taken, PRIVILEGES OF THE FLOOR such as— bate; that no further motions be in (A) actions by the Department of the Mr. MCCAIN. Mr. President, I ask order to the nomination; that any re- Treasury— unanimous consent that LTCs Todd lated statements be printed in the (i) under the Emergency Economic Sta- Ladwig and Victor Glover, Navy fel- RECORD; and that the President be im- bilization Act, such as— lows in my office, be allowed floor mediately notified of the Senate’s ac- (I) asset purchases by the United States privileges for the duration of the de- Government; tion and the Senate then resume legis- (II) capital injections from the United bate on the conference report of H.R. lative session. States Government; or 4310, the National Defense Authoriza- The PRESIDING OFFICER. Without (III) housing programs; or tion Act for fiscal year 2013. objection, it is so ordered. (ii) by the purchase of the mortgage The ACTING PRESIDENT pro tem- The nomination considered and con- backed securities of the Federal National pore. Without objection, it is so or- firmed is as follows: Mortgage Association and the Federal Home dered. THE JUDICIARY Loan Mortgage Corporation (in this Act re- Mr. SESSIONS. Mr. President, I ask William S. Greenberg, of New Jersey, to be ferred to as ‘‘government-sponsored enter- unanimous consent that CDR Jeff Ben- prises’’), in order to lower interest rates, and a Judge of the United States Court of Ap- the value of such securities in the absence of nett be allowed permission to occupy peals for Veterans Claims for the term of fif- such purchases; the floor. teen years, vice a new position created by (B) actions by the Board of Governors of The ACTING PRESIDENT pro tem- Public Law 100–389, approved October 10, 2008. the Federal Reserve System prior to the date pore. Without objection, it is so or- Mr. LEAHY. Mr. President, over the of enactment of this Act, such as— dered. last four years, Senate Republicans (i) providing loans to financial institutions f have chosen to depart dramatically through the Term Auction Facility; and from Senate traditions in their efforts (ii) assistance through programs under sec- UNANIMOUS CONSENT to delay and obstruct President tion 13(3) of the Federal Reserve Act prior to AGREEMENT—FISA AMENDMENTS the date of enactment of this Act, such as— Obama’s judicial nominations. (I) lending through the Commercial Paper Mr. REID. Mr. President, I ask unan- For example, until 2009, Senators de- Funding Facility; imous consent that with respect to the ferred to the President and to home

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18162 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 State Senators on district court nomi- Qualified.’’ They have strong bipar- cuit, Judge Bernice Donald of Ten- nees. During the 8 years that George W. tisan support, and unimpeachable cre- nessee to the Sixth Circuit, Judge Bar- Bush served as President, only 5 of his dentials, and there is no reason why bara Keenan of Virginia to the Fourth district court nominees received any they should not have been confirmed Circuit, Judge Thomas Vanaskie of opposition on the floor. In just 4 years, months ago. Republicans continue to Pennsylvania to the Third Circuit, Senate Republicans have voted against stall them without final confirmation Judge Joseph Greenaway of New Jersey 39 of President Obama’s district court votes approximately 8 months after to the Third Circuit, Judge Denny Chin nominees, and the Majority Leader has they were considered and approved by of New York to the Second Circuit, and been forced to file cloture on 20 of the Senate Judiciary Committee. Judge Chris Droney of Connecticut to them. The irony and dangerous new devel- the Second Circuit for 4 months. They Federal district court judges are the opment is that neither of these nomi- delayed confirmation of Judge Paul trial court judges who hear cases from nees faces any real Republican opposi- Watford of California to the Ninth Cir- litigants across the country and pre- tion. Senator COBURN, one of Judge cuit, Judge Andrew Hurwitz of Arizona side over Federal criminal trials, ap- Bacharach’s home State Senators, has to the Ninth Circuit, Judge Morgan plying the law to facts and helping set- said: ‘‘[Judge Bacharach] has no oppo- Christen of Alaska to the Ninth Cir- tle legal disputes. They handle the vast sition in the Senate. . . . There’s no cuit, Judge Stephen Higginson of Lou- majority of the caseload of the Federal reason why he shouldn’t be confirmed.’’ isiana to the Fifth Circuit, Judge Ge- courts and are critical to making sure Still, Senate Republicans refuse to rard Lynch of New York to the Second our Federal courts remain available to allow for a vote on his nomination. The Circuit, Judge Susan Carney of Con- provide a fair hearing for all Ameri- same also applies to Richard Taranto, necticut to the Second Circuit, and cans. Nominations to fill these critical who was reported more than eight Judge Kathleen O’Malley of Ohio to the positions, whether made by a Demo- months ago to a vacancy on the Fed- Federal Circuit for 3 months. cratic or Republican President, have eral Circuit by voice vote and faces no The nonpartisan Congressional Re- always been considered with deference Republican opposition. This also ap- search Service has reported that the to the home State Senators who know plies to William Kayatta of Maine, who median time circuit nominees have had the nominees and their States best, was reported nearly eight months ago to wait before a Senate vote has sky- and have been confirmed quickly with and has the support of his two home rocketed from 18 days for President that support. Never before in the 37 State Republican Senators. Bush’s nominees to 132 days for Presi- years I have been in the Senate have I It makes no sense for Senate Repub- dent Obama’s. This is the result of Re- seen anything like what has happened licans to continue filibustering these publican obstruction. in the last 4 years. Never before in the nominations, but it fits with their This unprecedented and meritless ob- Senate’s history have we seen district track record over the last 4 years. Sen- struction means that when the Senate court nominees blocked for months and ate Republicans used to insist that the adjourns, Senate Republicans will have opposed for no good reason. Many are filibustering of judicial nominations blocked more than 40 of President needlessly stalled and then confirmed was unconstitutional. The Constitution Obama’s circuit and district nominees virtually unanimously with no expla- has not changed but as soon as Presi- from being confirmed. nation for the obstruction. Senate Re- dent Obama was elected they reversed This obstruction is also why a dam- publicans have politicized even these course and filibustered President agingly high level of judicial vacancies traditionally non-partisan positions. Obama’s very first judicial nomination. has persisted for over 31⁄2 years. While This is harmful to our Federal courts Judge David Hamilton of Indiana was a such tactics are bad for the Senate, and the American people. widely-respected 15–year veteran of the they are also bad for our Nation’s over- Until 2009, Senators who filibustered Federal bench nominated to the Sev- burdened courts. Persistent vacancies circuit court nominees generally had enth Circuit and was supported by Sen- force fewer judges to take on growing reasons to do so, and were willing to ator DICK LUGAR, the longest-serving caseloads, and make it harder for explain those reasons. When Senate Republican in the Senate. They de- Americans to have access to justice. Democrats filibustered President layed his confirmation for 7 months. While they have delayed and ob- Bush’s controversial circuit court Senate Republicans then proceeded to structed, the number of judicial vacan- nominees, it was over substantive con- obstruct and delay just about every cies has been historically high and it cerns about the nominees’ records and circuit court nominee of this Presi- has become more difficult for our Republicans’ disregard for the rights of dent, filibustering 10 of them. They de- courts to provide speedy, quality jus- Democratic Senators. When we opposed layed confirmation of Judge Albert tice for the American people. In fact, Janice Rogers Brown, it was because of Diaz of North Carolina to the Fourth five of the judicial nominees pending her long record on the California Su- Circuit for 11 months. They delayed on the Senate calendar on whom Re- preme Court of deciding cases based on confirmation of Judge Jane Stranch of publicans refuse to allow a vote would extreme views, and having argued that Tennessee to the Sixth Circuit for 10 fill judicial emergency vacancies. Social Security was unconstitutional. months. They delayed confirmation of For almost 4 years now, ever since When we opposed Priscilla Owen, it was Judge Ray Lohier of New York to the President Barack Obama took office, because her rulings on the Texas Su- Second Circuit for 7 months. They de- we have heard the same spurious argu- preme Court were so extreme that they layed confirmation of Judge Scott ments from Senate Republicans for drew the condemnation of even the Matheson of Utah to the Tenth Circuit why they refuse to help our Federal conservative judges on that court. and Judge James Wynn, Jr. of North courts function. Senate Republicans On the other hand, Senate Repub- Carolina to the Fourth Circuit for 6 claim that we have not confirmed more licans have filibustered and delayed months. They delayed confirmation of judges because President Obama has nearly all of President Obama’s circuit Judge Andre Davis of Maryland to the not made a sufficient number of nomi- court nominees even when those nomi- Fourth Circuit, Judge Henry Floyd of nations. It is Senate Republicans them- nees have the support of their Repub- South Carolina to the Fourth Circuit, selves, and their unwillingness to work lican home State Senators. Take the Judge Stephanie Thacker of West Vir- with a President who has reached out examples of Judge Robert Bacharach ginia to the Fourth Circuit, and Judge to them to submit recommendations and William Kayatta, two consensus Jacqueline Nguyen of California to the and to work with him that has delayed circuit nominees who have the support Ninth Circuit for 5 months. They de- many nominations. of their Republican home State Sen- layed confirmation of Judge Adalberto Unlike his predecessor, President ators. Both these nominees received Jordan of Florida to the Eleventh Cir- Obama has worked hard to solicit rec- the ABA Standing Committee on the cuit, Judge Beverly Martin of Georgia ommendations from home State Sen- Federal Judiciary’s highest possible to the Eleventh Circuit, Judge Mary ators, including those from the other rating, that of unanimously ‘‘Well Murguia of Arizona to the Ninth Cir- party. This President has consistently

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18163 selected qualified, mainstream nomi- and usually confirmed four to six nomi- however, an urgent need for the polit- nees. For the judicial vacancies in nees per week, and we cleared the Sen- ical branches to find a long-term solu- States with two Republican Senators, ate Executive Calendar before long re- tion to this recurring problem.’’ De- just 21 percent have a nominee. Four cesses. Until 2009, if a nominee was fili- spite bipartisan calls to address the ju- such vacancies exist in Texas—includ- bustered, it was almost always because dicial vacancy crisis, Senate Repub- ing three judicial emergency vacancies. of a substantive issue with the nomi- licans continued their obstruction of This has prompted a retired Federal nee’s record. We know what has hap- judicial confirmations. judge in Hawaii to move to Texas to pened since 2009. The average district Today, the Senate is finally being al- help the overburdened judges with nomination is stalled 4.3 times as long lowed to vote on 3 but only 3 of the 14 their caseload. I urge Senate Repub- as it took to confirm them during the judicial nominees pending on the Sen- licans to do a better job providing con- Bush administration, and the average ate Executive Calendar. sensus recommendations and fulfilling circuit court nomination is stalled on Judge Malachy Mannion is nomi- their own constitutional responsibility average 7.3 times as long as it took to nated to fill a judicial emergency va- to ‘‘advise’’ the President on nomina- confirm them during the Bush adminis- cancy in the U.S. District Court for the tions and work with President Obama tration. Nor has any other President’s Middle District of Pennsylvania, where to fill these vacancies. judicial nominees had to wait an aver- he currently serves as the Chief U.S. At the end of each calendar year, age of over 100 days for a Senate vote Magistrate Judge. He has been a Mag- Senate Republicans now deliberately after being reported by the Judiciary istrate Judge in that District for over refuse to vote on several judicial nomi- Committee. 10 years, where he has presided over 104 nees who could and should be con- No one is happier than I that a dozen cases that have gone to verdict or judg- firmed in order to consume additional district court nominees will be con- ment. Prior to his appointment as a time the following year confirming firmed during this lame duck session U.S. Magistrate Judge, Judge Mannion these nominees. At the end of 2009, but that is hardly something justifying served as Federal prosecutor for over 10 they left 10 nominations on the Execu- Republican chest beating. What it years, where he rose to become the tive Calendar without a vote. Two of starkly demonstrates is that they have Chief of the Office’s Organized Crime those nominations were returned to been stalling consensus nominees for Enforcement Task Force. The ABA the President, and it subsequently took months without cause. All of these Standing Committee on the Federal 9 months for the Senate to take action nominees could and should have been Judiciary unanimously gave him its on the other 8. This resulted in the confirmed before the August recess and highest possible rating of ‘‘Well Quali- lowest 1-year confirmation total in at should have been at work admin- fied.’’ His nomination has the bipar- least 35 years. For the last 2 years, istering justice for the American peo- tisan support of his home State Sen- Senate Republicans left 19 nominations ple. In most other years, like in 2008, ators. He was approved by the Judici- on the Senate Executive Calendar at judicial nominees, especially those who ary Committee 5 months ago by voice the end of each year. It then took near- are qualified, consensus nominees with vote. ly half the following year for the Sen- bipartisan support and the support of Matthew Brann is nominated to fill a ate to confirm these nominees. This their home State Senators, are con- judicial emergency vacancy in the U.S. year they are insisting on leaving 11 ju- firmed before the election recess. They District Court for the Middle District dicial nominees without action and an- are not stalled and not dragged over of Pennsylvania. He has been in private other 4 have had hearings but Senate into a lame duck session after the elec- practice for over 2 decades, where he Republicans refused to expedite their tion. This is not success, unless you be- specializes in complex corporate and consideration. lieve that perpetuating vacancies and commercial transactions, real estate, Senate Republicans claim that their forcing hardworking Americans to wait probate, and estate planning. He has delays and obstruction should be ex- even longer to have their day in court tried 20 cases to verdict, judgment, or cused because, despite their opposition, is something of which to be proud. final decision. He has the support of his the Senate confirmed the President’s Senate Republicans have also forced home State Senators, and he was voted two Supreme Court Justices. Senate the Majority Leader to file cloture on out of the Judiciary Committee by Republicans ignore the fact that during 30 nominees, which is already more voice vote 5 months ago. President Bush’s first 4 years 205 cir- than 50 percent more nominees than Judge Jon Tigar is nominated to fill cuit and district court nominees had had cloture filed during President a judicial emergency vacancy in the been confirmed, and that judicial va- Bush’s 8 years in office. Almost all of U.S. District Court for the Northern cancies were reduced to as low as 28. these 30 nominations were non- District of California. Judge Tigar is During his second term, vacancies were controversial and were ultimately con- currently a Superior Court Judge for reduced to 34. Vacancies have stood at firmed overwhelmingly. Barely 80 per- Alameda County, where he has presided nearly or above for most of President cent of President Obama’s judicial over 175 cases that have gone to verdict Obama’s first four years and will not nominees have been confirmed, com- or judgment. He previously spent 10 dip below 60. Vacancies remain more pared to almost 90 percent of President years as a litigator in private practice than twice what they were at the end George W. Bush’s first term nominees. at two prominent law firms in San of President Bush’s first term. The 173 While this is not even close to a full Francisco. He earned his law degree judges that we have been able to con- account of the precedents broken in from the University of California at firm fall more than 30 short of the the last 4 years, the record is clear: Berkeley. After law school, he clerked total for President Bush’s first term. Senate Republicans have engaged in an for the Honorable Robert S. Vance in Moreover, when the Senate confirmed unprecedented effort to obstruct Presi- the U.S. Court of Appeals for the Elev- two Justices during President Clinton’s dent Obama’s judicial nominations. enth Circuit. The ABA Standing Com- first term and President George H.W. Pretending it has not taken place is an mittee on the Federal Judiciary unani- Bush’s term, the Senate also confirmed insult to the American people. The mously gave him its highest possible 200 and 192 circuit and district nomi- American people know better. Chief rating of ‘‘Well Qualified.’’ His nomina- nees, respectively. Their obstruction of Justice Roberts, in his year-end Report tion has the support of his home State needed confirmations cannot be justi- on the Federal Judiciary in 2010 point- Senators, and he was approved by the fied on account of the two Supreme ed to the ‘‘[P]ersistent problem [that] Judiciary Committee more than four Court vacancies. has developed in the process of filling months ago by voice vote. Until 2009, when a judicial nominee judicial vacancies.... This has cre- After today’s vote, there will still be had been reported by the Judiciary ated acute difficulties for some judicial 11 judicial nominees on the Senate Ex- Committee with bipartisan support, districts. Sitting judges in those dis- ecutive Calendar, 6 of whom were voted they were generally confirmed quickly. tricts have been burdened with extraor- out of the Judiciary Committee before Until 2009, we observed regular order dinary caseloads.... There remains, the August recess. There is no reason

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18164 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 why we cannot confirm all of them The PRESIDING OFFICER. Without decisions issued by the Courts for home- today. I have also been urging Repub- objection, it is so ordered. The clerk owners with problematic drywall. licans to expedite consideration of the will report the bill by title. SEC. 3. DRYWALL LABELING REQUIREMENT. 4 judicial nominees who participated in The legislative clerk read as follows: (a) LABELING REQUIREMENT.—Beginning 180 days after the date of the enactment of this hearings last Wednesday. That would A bill (H.R. 1339) to recognize the City of Act, the gypsum board labeling provisions of lead to 11 more confirmations before Salem, Massachusetts, as the Birthplace of standard ASTM C1264-11 of ASTM Inter- the Senate adjourns to help address the the National Guard of the United States. national, as in effect on the day before the judicial vacancies that currently exist There being no objection, the Senate date of the enactment of this Act, shall be in our Federal courts. proceeded to consider the bill. treated as a rule promulgated by the Con- If we adjourn today without con- Mr. REID. Mr. President, I further sumer Product Safety Commission under firming these additional nominees, we ask the bill be read a third time, section 14(c) of the Consumer Product Safety will leave those 11 vacancies and 5 Act (15 U.S.C. 2063(c)). passed, the motion to reconsider be (b) REVISION OF STANDARD.—If the gypsum emergency vacancies open for even considered made and laid on the table, board labeling provisions of the standard re- longer, and there will be at least 80 va- with no intervening action or debate, ferred to in subsection (a) are revised on or cancies when President Obama begins and any statements be printed in the after the date of the enactment of this Act, his second term. Recall that during RECORD. ASTM International shall notify the Com- President Bush’s entire second term, The PRESIDING OFFICER. Without mission of such revision no later than 60 the 4 years from January, 2005 through objection, it is so ordered. days after final approval of the revision by ASTM International. The revised provisions January, 2009, vacancies never exceed- The bill (H.R. 1339) was ordered to a ed 60. So far during President Obama’s shall be treated as a rule promulgated by the third reading, was read the third time, Commission under section 14(c) of such Act first 4 years in office and as far into and passed. (15 U.S.C. 2063(c)), in lieu of the prior the future as we can see there have f version, effective 180 days after the Commis- never been less than 60 vacancies, and sion is notified of the revision (or such later for much of that time many, many DRYWALL SAFETY ACT OF 2012 date as the Commission considers appro- more. This is a prescription for over- Mr. REID. Mr. President, I now ask priate), unless within 90 days after receiving burdened courts and a Federal justice unanimous consent the Committee on that notice the Commission determines that system that does not serve the inter- the revised provisions do not adequately Commerce be discharged from further identify gypsum board by manufacturer and ests of the American people. consideration of H.R. 4212, and we now I commend President Obama for month and year of manufacture, in which proceed to this matter. case the Commission shall continue to en- nominating such a diverse group of The PRESIDING OFFICER . Without force the prior version. qualified judges. In his first 4 years, objection, it is so ordered. The clerk SEC. 4. SULFUR CONTENT IN DRYWALL STAND- President Obama has appointed as will report the bill by title. ARD. many women judges as President Bush The legislative clerk read as follows: (a) RULE ON SULFUR CONTENT IN DRYWALL did during his entire 8 years in office. REQUIRED.—Except as provided in subsection A bill (H.R. 4212) to prevent the introduc- (c), not later than 2 years after the date of In just 4 years, President Obama has tion into commerce of unsafe drywall, to en- also nominated more African Ameri- the enactment of this Act, the Consumer sure the manufacturer of drywall is readily Product Safety Commission shall promul- cans, more Asian Americans, and more identifiable, to ensure that problematic gate a final rule pertaining to drywall manu- openly gay Americans than his prede- drywall removed from homes is not reused, factured or imported for use in the United cessor did in 8 years. Americans can be and for other purposes. States that limits sulfur content to a level proud of President Obama’s efforts to There being no objection, the Senate not associated with elevated rates of corro- increase diversity in the Federal judi- proceeded to consider the bill. sion in the home. ciary and to ensure that it better re- Mr. REID. Mr. President, I ask unan- (b) RULE MAKING; CONSUMER PRODUCT flects all Americans. SAFETY STANDARD.—A rule under subsection imous consent that the Vitter sub- (a)— I hope that next year, and in the next stitute amendment which is at the 4 years, Senate Republicans will end (1) shall be promulgated in accordance desk be agreed to, the bill as amended with section 553 of title 5, United States their misguided and harmful obstruc- be read a third time and passed, the Code; and tion and work with us in a bipartisan motions to reconsider be considered (2) shall be treated as a consumer product manner to do what is right for the made and laid on the table, and any safety rule promulgated under section 9 of country. President Obama has nomi- statements be printed in the RECORD. the Consumer Product Safety Act (15 U.S.C. nated qualified, mainstream lawyers, The PRESIDING OFFICER. Without 2058). and the Senate should consider them in (c) EXCEPTION.— objection, it is so ordered. (1) VOLUNTARY STANDARD.—Subsection (a) regular order, without unnecessary The amendment (No. 3432) was agreed delays. That is what we had done for as shall not apply if the Commission deter- to, as follows: mines that— long as I have served in the Senate, (Purpose: In the nature of a substitute) (A) a voluntary standard pertaining to whether the nominations came from a drywall manufactured or imported for use in Democratic or a Republican president. Strike all after the enacting clause and in- sert the following: the United States limits sulfur content to a We should work together to restore and level not associated with elevated rates of uphold the best traditions of the Sen- SECTION 1. SHORT TITLE. corrosion in the home; This Act may be cited as the ‘‘Drywall ate. (B) such voluntary standard is or will be in Safety Act of 2012’’. effect not later than two years after the date f SEC. 2. SENSE OF CONGRESS. of enactment of this Act; and LEGISLATIVE SESSION It is the sense of Congress that— (C) such voluntary standard is developed (1) the Secretary of Commerce should in- The PRESIDING OFFICER. The Sen- by Subcommittee C11.01 on Specifications sist that the Government of the People’s Re- and Test Methods for Gypsum Products of ate will return to Legislative Session. public of China, which has ownership inter- ASTM International. f ests in the companies that manufactured and (2) FEDERAL REGISTER.—Any determination exported problematic drywall to the United DESIGNATING THE CITY OF made under paragraph (1) shall be published States, facilitate a meeting between the in the Federal Register. SALEM, MASSACHUSETTS, AS companies and representatives of the United (d) TREATMENT OF VOLUNTARY STANDARD THE BIRTHPLACE OF THE NA- States Government on remedying home- FOR PURPOSES OF ENFORCEMENT.—If the Com- TIONAL GUARD OF THE UNITED owners that have problematic drywall in mission determines that a voluntary stand- STATES their homes; and ard meets the conditions in subsection (c)(1), Mr. REID. Mr. President, I ask unan- (2) the Secretary of Commerce should in- the sulfur content limit in such voluntary sist that the Government of the People’s Re- standard shall be treated as a consumer imous consent the Armed Services public of China direct the companies that product safety rule promulgated under sec- Committee be discharged from further manufactured and exported problematic tion 9 of the Consumer Product Safety Act consideration of H.R. 1339 and we now drywall to submit to jurisdiction in United (15 U.S.C. 2058) beginning on the date that is proceed to this matter. States Federal Courts and comply with any the later of—

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.001 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18165 (1) 180 days after publication of the Com- and any statement be printed in the (Purpose: In the nature of a substitute) mission’s determination under subsection RECORD. Strike all after the enacting clause and in- (c); or The PRESIDING OFFICER. Without sert the following: (2) the effective date contained in the vol- objection, it is so ordered. SECTION 1. GOVERNMENT ACCOUNTABILITY OF- untary standard. The bill (H.R. 5859) was ordered to a FICE STUDY OF TRANSACTIONS BE- (e) REVISION OF VOLUNTARY STANDARD.—If TWEEN LARGE FINANCIAL COMPA- the sulfur content limit of a voluntary third reading, was read the third time, NIES AND THE FEDERAL GOVERN- standard that met the conditions of sub- and passed. MENT. section (c)(1) is subsequently revised, the or- f (a) DEFINITIONS.—For purposes of this ganization responsible for the standard shall Act— notify the Commission no later than 60 days FRANK BUCKLES WORLD WAR I (1) the term ‘‘covered institution’’ means after final approval of the revision. The sul- MEMORIAL ACT any bank holding company having more than fur content limit of the revised voluntary Mr. REID. I now ask we proceed to $500,000,000,000 in consolidated assets; and standard shall become enforceable as a Com- (2) the term ‘‘economic benefit’’ means the mission rule promulgated under section 9 of H.R. 6364. difference between actual loans terms of- the Consumer Product Safety Act (15 U.S.C. The PRESIDING OFFICER. The fered, debt or equity prices, or asset values 2058), in lieu of the prior version, effective clerk will report the bill by title. and a reasonable estimate of what such 180 days after the Commission is notified of The legislative clerk read as follows: terms, prices, or values might have been, as the revision (or such later date as the Com- A bill (H.R. 6364) to establish a commission determined by examining actual values of mission considers appropriate), unless within to ensure a suitable observance of the cen- comparable transaction in the private mar- 90 days after receiving that notice the Com- tennial of World War I, to provide for the kets or by estimating the values of com- mission determines that the sulfur content designation of memorials to the service of parable transactions priced to properly re- limit of the revised voluntary standard does members of the United States Armed Forces flect associated risk. not meet the requirements of subsection in World War I, and for other purposes. (b) GAO STUDY.—The Comptroller General (c)(1)(A), in which case the Commission shall of the United States (in this section referred continue to enforce the prior version. There being no objection, the Senate to as the ‘‘Comptroller’’) shall conduct a (f) FUTURE RULEMAKING.—The Commission, proceeded to consider the bill. study of covered institutions, such as— at any time subsequent to publication of the Mr. REID. I ask that the McCaskill- (1) the favorable pricing of the debt of such consumer product safety rule required by Blunt amendment which is at the desk institutions, relative to their risk profile re- subsection (a) or a determination under sub- be agreed to, the bill, as amended, be sulting from the perception that such insti- section (c), may initiate a rulemaking in ac- read a third time and passed, the mo- tutions will receive Government support in cordance with section 553 of title 5, United tion to reconsider be made and laid on the event of any financial stress; States Code, to modify the sulfur content the table with no intervening action or (2) any favorable funding or economic limit or to include any provision relating treatment resulting from an increase in the only to the composition or characteristics of debate, and any statement be printed credit rating for covered institutions, as a drywall that the Commission determines is in the RECORD. result of express, implied, or perceived Gov- reasonably necessary to protect public The PRESIDING OFFICER. Without ernment support; health or safety. Any rule promulgated objection, it is so ordered. (3) any economic benefit to covered insti- under this subsection shall be treated as a The amendment (No. 3433), in the na- tutions resulting from the ownership of, or consumer product safety rule promulgated ture of a substitute, was agreed to. affiliation with, an insured depository insti- under section 9 of the Consumer Product (The amendment is printed in today’s tution; Safety Act (15 U.S.C. 2058). (4) any economic benefit resulting from the RECORD under ‘‘Text of Amendments.’’) status of covered institutions as a bank hold- SEC. 5. REVISION OF REMEDIATION GUIDANCE The amendment was ordered to be FOR DRYWALL DISPOSAL REQUIRED. ing company, including access to Federal de- Not later than 120 days after the date of engrossed and the bill read a third posit insurance and the discount window of the enactment of this Act, the Consumer time. the Board of Governors of the Federal Re- Product Safety Commission shall revise its The bill (H.R. 6364), as amended, was serve System before the date of enactment of guidance entitled ‘‘Remediation Guidance read the third time and passed. this Act; (5) any economic benefit received through for Homes with Corrosion from Problem f Drywall’’ to specify that problematic extraordinary Government actions taken, drywall removed from homes pursuant to the GOVERNMENT ACCOUNTABILITY such as— guidance should not be reused or used as a OFFICE EXAMINATION OF CER- (A) actions by the Department of the component in production of new drywall. TAIN TRANSACTIONS Treasury— The amendment was ordered to be (i) under the Emergency Economic Sta- Mr. REID. Mr. President, I ask unan- bilization Act, such as— engrossed and the bill to be read a imous consent that the Senate now (I) asset purchases by the United States third time. proceed to the consideration of S. 3709, Government; The bill (H.R. 4212), as amended, was which was reported earlier today. (II) capital injections from the United read the third time, and passed. The PRESIDING OFFICER. The States Government; or (III) housing programs; or f clerk will report the bill by title. (ii) by the purchase of the mortgage REQUIRING MOTOR VEHICLE The legislative clerk read as follows: backed securities of the Federal National INSURANCE COST REPORTING A bill (S. 3709) to require a Government Ac- Mortgage Association and the Federal Home countability Office examination of trans- Loan Mortgage Corporation (in this Act re- Mr. REID. Mr. President, I now ask actions between large financial institutions ferred to as ‘‘government-sponsored enter- unanimous consent the Committee of and the Federal Government, and for other prises’’), in order to lower interest rates, and Commerce be discharged from further purposes. the value of such securities in the absence of consideration of H.R. 5859. There being no objection, the Senate such purchases; The PRESIDING OFFICER. Without proceeded to consider the bill. (B) actions by the Board of Governors of objection, it is so ordered. The clerk Mr. REID. Mr. President, I ask unan- the Federal Reserve System prior to the date will report the bill by title. of enactment of this Act, such as— imous consent that the Vitter-Brown (i) providing loans to financial institutions The legislative clerk read as follows: of Ohio amendment, which is at the through the Term Auction Facility; and A bill (H.R. 5859) to repeal an obsolete pro- desk, be agreed to, and the bill, as (ii) assistance through programs under sec- vision in title 49, United States Code, requir- amended, be read a third time and tion 13(3) of the Federal Reserve Act prior to ing motor vehicle insurance cost reporting. passed, the motion to reconsider be the date of enactment of this Act, such as— There being no objection, the Senate laid upon the table, and all statements (I) lending through the Commercial Paper proceeded to consider the bill. relating to the bill be printed in the Funding Facility; (II) securities lending to primary dealers Mr. REID. I further ask unanimous RECORD. through the Primary Dealer Credit Facility consent the bill be read a third time, The PRESIDING OFFICER. Without and the Term Securities Lending Facility; passed, the motion to reconsider be objection, it is so ordered. (III) lending to institutions through the considered made and laid on the table, The amendment (No. 3434) was agreed Term Asset-Backed Securities Loan Facil- with no intervening action or debate, to, as follows: ity; or

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.002 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18166 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 December 21, 2012 (IV) purchasing assets through the Maiden The PRESIDING OFFICER. Without anon in violation of its obligations under Lane facility; and objection, it is so ordered. Resolution 1559 (2004)[,] and constitutes a (C) actions by the Federal Deposit Insur- The preamble was agreed to. threat to regional peace and stability.’’; ance Corporation, such as— The resolution, with its preamble, Whereas John Brennan, Assistant to the (i) guaranteeing debt or deposits through reads as follows: President for Homeland Security and the Temporary Liquidity Guarantee Pro- Counterterrorism, stated on October 26, 2012, gram; or S. RES. 613 that Hizballah’s ‘‘social and political activi- (ii) pricing of assessments related to any Whereas the Department of State has des- ties must not obscure [its] true nature or such guarantees; and ignated Hizballah as a foreign terrorist orga- prevent us from seeing it for what it is—an (6) any extraordinary assistance provided nization since October 1997; international terrorist organization actively to American Insurance Group, but ulti- Whereas the United States Government supported by Iran’s Islamic Revolutionary mately received by one of the covered insti- designated Hizballah a specially designated Guards Corps – Quds Force’’; tutions; and terrorist organization in January 1995 and a Whereas David Cohen, Under Secretary of (7) any Government actions that resulted ‘‘Specially Designated Global Terrorist’’ pur- the Treasury for Terrorism and Financial In- in the payment or nonpayment of credit de- suant to Executive Order 13224 (66 Fed. Reg. telligence, stated on August 10, 2012, ‘‘Before fault swap contracts entered into by a cov- 49079) in October 2001; al Qaeda’s attack on the U.S. on September ered institution. Whereas Hizballah was established in 1982 11, 2001, Hizballah was responsible for killing SEC. 2. REPORT TO CONGRESS. through the direct sponsorship and support more Americans in terrorist attacks than Not later than 1 year after the date of en- of Iran’s Islamic Revolutionary Guards Corps any other terrorist group.’’; actment of this Act, the Comptroller shall (IRGC) Quds Force and continues to receive Whereas, according to a September 13, 2012, submit a report to Congress detailing the training, weapons, and explosives, as well as Department of the Treasury press release, findings of the Comptroller in the study con- political, diplomatic, monetary, and organi- ‘‘The last year has witnessed Hizballah’s ducted under this Act. Such report shall be zational aid, from Iran; most aggressive terrorist plotting outside made electronically available to the public, Whereas Hizballah has been implicated in the Middle East since the 1990s.’’; except that any proprietary, sensitive, or multiple acts of terrorism over the past 30 Whereas, since 2011, Hizballah has been im- confidential information shall be redacted in years, including the bombings in Lebanon in plicated in thwarted terrorist plots in Azer- any release to the public. 1983 of the United States Embassy, the baijan, Cyprus, Thailand, and elsewhere; SEC. 3. RULE OF CONSTRUCTION. United States Marine barracks, and the Whereas, on July 18, 2012, a suicide bomber Nothing in this Act may be construed to French Army barracks, the airline hijack- attacked a bus in Burgas, Bulgaria, mur- provide authority inconsistent with, or to ings and the kidnapping of European, Amer- dering 5 Israeli tourists and the Bulgarian otherwise affect, section 714 of title 31 ican, and other Western hostages in the 1980s bus driver in a terrorist attack that, accord- United States Code. and 1990s, and support of the Khobar Towers ing to Mr. Brennan, ‘‘bore the hallmarks of attack in Saudi Arabia that killed 19 Ameri- a Hizballah attack’’; The bill (S. 3709), as amended, was or- cans in 1996; Whereas Israeli prime minister Benjamin dered to be engrossed for a third read- Whereas, according to the 2011 Country Re- Netanyahu has stated of the Burgas terrorist ing, was read the third time, and ports on Terrorism issued by the Department attack, ‘‘We have unquestionable, fully sub- passed. of State, ‘‘Since at least 2004, Hizballah has stantiated evidence that this was done by f provided training to select Iraqi Shia mili- Hizballah backed by Iran.’’; tants, including on the construction and use Whereas Bulgaria is a member of the Euro- TO DESIGNATE HIZBALLAH AS A of improvised explosive devices (IEDs) that pean Union and a member of the North At- TERRORIST ORGANIZATION can penetrate heavily-armored vehicles.’’; lantic Treaty Organization (NATO); Mr. REID. Mr. President, I ask unan- Whereas, in 2007, a senior Hizballah opera- Whereas, according to the October 18 Re- imous consent the Foreign Relations tive, Ali Mussa Daqduq, was captured in Iraq port, ‘‘There have been credible reports sug- with detailed documents that discussed tac- gesting involvement by Hizbullah and other Committee be discharged from further tics to attack Iraqi and coalition forces, and Lebanese political forces in support of the consideration of S. Res. 613, and the has been directly implicated in a terrorist parties in the conflict in Syria. . . . Such Senate proceed to its immediate con- attack that resulted in the murder of 5 mem- militant activities by Hizbullah in Syria sideration. bers of the United States Armed Forces; contradict and undermine the disassociation The PRESIDING OFFICER. Without Whereas Hizballah has been implicated in policy of the Government of Lebanon, of objection, it is so ordered. the terrorist attacks in Buenos Aires, Argen- which Hizbullah is a coalition member.’’; The clerk will report the resolution tina, on the Israeli Embassy in 1992 and the Whereas, on October 26, 2012, Mr. Brennan by title. Argentine Israelite Mutual Association in stated, ‘‘We have seen Hizballah training The legislative clerk read as follows: 1994; militants in Yemen and Syria, where it con- Whereas Hizballah has been implicated in tinues to provide material support to the re- A resolution (S. Res. 613) urging the gov- acts of terrorism and extrajudicial violence gime of Bashar al Assad, in part to preserve ernments of Europe and the European Union in Lebanon, including the assassination of its weapon supply lines.’’; to designate Hizballah as a terrorist organi- political opponents; Whereas, on August 10, 2012, the Depart- zation and impose sanctions, and urging the Whereas, in June 2011, the Special Tribunal ment of the Treasury designated Hizballah President to provide information about for Lebanon, an international tribunal for pursuant to Executive Order 13582 (76 Fed. Hizballah to the European allies of the the prosecution of those responsible for the Reg. 52209), which targets those responsible United States and to support the Govern- February 14, 2005, assassination of former for human rights abuses in Syria, for pro- ment of Bulgaria in investigating the July Lebanese Prime Minister Rafiq Hariri, issued viding support to the Government of Syria; 18, 2012, terrorist attack in Burgas. arrest warrants against 4 senior Hizballah Whereas, according to the Department of There being no objection, the Senate members, including its top military com- the Treasury, since early 2011, Hizballah proceeded to consider the resolution. mander, Mustafa Badr al-Din, identified as ‘‘has provided training, advice and extensive Mr. REID. Mr. President, I ask unan- the primary suspect in the assassination; logistical support to the Government of Syr- imous consent that the Senate proceed Whereas, according to the 2011 Country Re- ia’s increasingly ruthless effort to fight to a voice vote on the adoption of the ports on Terrorism issued by the Department against the opposition’’ and has ‘‘directly of State, Hizballah is ‘‘the likely perpe- trained Syrian government personnel inside resolution. trator’’ of 2 bomb attacks that wounded Syria and has facilitated the training of Syr- The PRESIDING OFFICER. Is there United Nations Interim Force in Lebanon ian forces by Iran’s terrorism arm, the Is- further debate? (UNIFIL) peacekeepers in Lebanon during lamic Revolutionary Guards Corps – Qods If not, the question is on agreeing to 2011; Force’’; the resolution. Whereas, according to the October 18, 2012, Whereas, on September 13, 2012, the De- The resolution (S. Res. 613) was report of the Secretary-General of the partment of the Treasury designated the agreed to. United Nations to the United Nations Secu- Secretary-General of Hizballah, Hasan Mr. REID. Mr. President, I ask unan- rity Council on the implementation of Secu- Nasrallah, for overseeing ‘‘Hizballah’s efforts imous consent that the preamble be rity Council Resolution 1559 (2004) (in this to help the Syrian regime’s violent crack- agreed to, the motions to reconsider be preamble referred to as the ‘‘October 18 Re- down on the Syrian civilian population’’; port’’), ‘‘The maintenance by Hizbullah of Whereas, on October 26, 2012, Mr. Brennan laid upon the table, that there be no in- sizeable sophisticated military capabilities stated, ‘‘Even in Europe, many countries . . . tervening action or debate, and any outside the control of the Government of have not yet designated Hizballah as a ter- statements related to this matter be Lebanon . . . creates an atmosphere of in- rorist organization. Nor has the European printed in the RECORD. timidation in the country[,] . . . puts Leb- Union. Let me be clear: failure to designate

VerDate Sep 11 2014 10:20 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR12\S21DE2.002 S21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 13 18167 Hizballah as a terrorist organization makes third time and passed, the motion to bill—that is the FISA bill—and all it harder to defend our countries and protect reconsider be considered made and laid other provisions to the previous order our citizens. As a result, for example, coun- upon the table, and that any state- remain in effect. tries that have arrested Hizballah suspects ments relating to the bill be printed in The PRESIDING OFFICER. Without for plotting in Europe have been unable to prosecute them on terrorism charges.’’; and the RECORD. objection, it is so ordered. The PRESIDING OFFICER. Without Whereas, on October 26, 2012, Mr. Brennan f called on the European Union to designate objection, it is so ordered. Hizballah as a terrorist organization, saying, The bill (H.R. 1845) was ordered to a PROGRAM ‘‘European nations are our most sophisti- third reading, was read the third time, Mr. REID. Mr. President, we have cated and important counterterrorism part- and passed. ners, and together we must make it clear been able to work things out, I hope, to that we will not tolerate Hizballah’s crimi- f everyone’s satisfaction. We are going nal and terrorist activities.’’: Now, therefore, APPOINTMENTS AUTHORITY to have a rollcall vote early in the day be it on Thursday. It will be at 5:30 p.m. on Resolved, That the Senate— Mr. REID. I now ask unanimous con- Thursday. It will be in relation to the (1) urges the governments of Europe and sent that notwithstanding the upcom- FISA bill or the supplemental appro- the European Union to designate Hizballah ing recess or adjournment of the Sen- priations bill. as a terrorist organization so that Hizballah ate, the President of the Senate, the cannot use the territories of the European President pro tempore of the Senate, f Union for fundraising, recruitment, financ- and the majority and minority leaders ing, logistical support, training, and propa- ADJOURNMENT UNTIL MONDAY, be authorized to make appointments to ganda; DECEMBER 24, 2012 (2) urges the governments of Europe and commissions, committees, boards, con- the European Union to impose sanctions on ferences or interparliamentary con- Mr. REID. If there is no further busi- Hizballah for providing material support to ferences authorized by law, by concur- ness to come before the Senate, I ask Bashar al Assad’s ongoing campaign of vio- rent action of the two Houses or by unanimous consent that it adjourn lent repression against the people of Syria; order of the Senate. under the previous order. (3) expresses support for the Government of The PRESIDING OFFICER. Without There being no objection, the Senate, Bulgaria as it conducts an investigation into objection, it is so ordered. at 7:19 p.m., adjourned until Monday, the July 18, 2012, terrorist attack in Burgas, December 24, 2012, at 12 noon. and expresses hope that the investigation f can be successfully concluded and that the f perpetrators can be identified as quickly as SIGNING AUTHORITY possible; Mr. REID. I ask unanimous consent NOMINATIONS (4) urges the President to provide all nec- that from Friday, December 21 through Executive nominations received by essary diplomatic, intelligence, and law en- Thursday, December 27, the majority the Senate: forcement support to the Government of Bul- leader be authorized to sign duly en- garia to investigate the July 18, 2012, ter- FEDERAL LABOR RELATIONS AUTHORITY rolled bills or joint resolutions. rorist attack in Burgas; ERNEST W. DUBESTER, OF VIRGINIA, TO BE A MEMBER (5) reaffirms support for the Government of The PRESIDING OFFICER. Without OF THE FEDERAL LABOR RELATIONS AUTHORITY FOR A Bulgaria by the United States as a member objection, it is so ordered. TERM OF FIVE YEARS EXPIRING JULY 29, 2017. (RE- APPOINTMENT) of the North Atlantic Treaty Organization f CAROL WALLER POPE, OF THE DISTRICT OF COLUMBIA, (NATO), and urges the United States, NATO, TO BE A MEMBER OF THE FEDERAL LABOR RELATIONS and the European Union to work with the ORDERS THROUGH THURSDAY, AUTHORITY FOR A TERM OF FIVE YEARS EXPIRING JULY 1, 2014. (REAPPOINTMENT) Government of Bulgaria to safeguard its ter- DECEMBER 27, 2012 ritory and citizens from the threat of ter- f rorism; and Mr. REID. First of all, I appreciate (6) urges the President to make available the Presiding Officer filling in on an DISCHARGED NOMINATION emergency basis to preside. It is not to European allies and the European public The Senate Committee on Veterans’ information about Hizballah’s terrorist ac- often we get one of the senior Members Affairs was discharged from further tivities and material support to Bashar al of the Senate to preside and I am consideration of the following nomina- Assad’s campaign of violence in Syria. grateful. It makes it so much easier on tion by unanimous consent and the f everyone else. nomination was confirmed: IN-HOME MEDICARE COVERAGE I ask unanimous consent that when the Senate completes its business WILLIAM S. GREENBERG, OF NEW JERSEY, TO BE A Mr. REID. Mr. President, I ask unan- JUDGE OF THE UNITED STATES COURT OF APPEALS FOR today, it adjourn until 12 noon on Mon- VETERANS CLAIMS FOR THE TERM OF FIFTEEN YEARS. imous consent that the Senate proceed day, December 24, 2012, for a pro forma f to H.R. 1845, which was received from session only, with no business con- the House. ducted, and that following the pro The PRESIDING OFFICER. The CONFIRMATIONS forma session, the Senate adjourn until clerk will report the bill by title. EXECUTIVE NOMINATIONS CON- 10 a.m. on Thursday, December 27, 2012; The legislative clerk read as follows: FIRMED BY THE SENATE FRIDAY, that following the prayer and pledge, DECEMBER 21, 2012: A bill (H.R. 1845) an act to provide a dem- the Journal of proceedings be approved onstration project providing Medicare cov- THE JUDICIARY erage for in-home administration of intra- to date, the morning hour be deemed expired, and the time for the two lead- MATTHEW W. BRANN, OF PENNSYLVANIA, TO BE venous immune globulin (IVIG) and to UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- amend title XVIII of the Social Security Act ers be reserved for their use later in TRICT OF PENNSYLVANIA. with respect to the application of Medicare the day; that following any leader re- MALACHY EDWARD MANNION, OF PENNSYLVANIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE secondary payer rules for certain claims. marks, the Senate begin consideration DISTRICT OF PENNSYLVANIA. of H.R. 5949, the FISA bill, and Senator JON S. TIGAR, OF CALIFORNIA, TO BE UNITED STATES There being no objection, the Senate DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF CALI- proceeded to consider the bill. WYDEN be recognized; further, that the FORNIA. Mr. REID. Mr. President, I ask unan- previous order be amended so that WILLIAM S. GREENBERG, OF NEW JERSEY, TO BE A JUDGE OF THE UNITED STATES COURT OF APPEALS FOR imous consent that the bill be read a there be up to 7 hours of debate on the VETERANS CLAIMS FOR THE TERM OF FIFTEEN YEARS.

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The House met at 2 p.m. and was pursuant to this concurrent resolution by its joint resolution of the House of the following called to order by the Speaker. Majority Leader or his designee, it stand re- titles, which were thereupon signed by the cessed or adjourned until noon on Thursday, Speaker: f December 27, 2012, or such other time on that H.R. 3477. An act to designate the facility PRAYER day as may be specified in the motion to re- of the United States Postal Service located cess or adjourn, or until the time of any re- at 133 Hare Road in Crosby, Texas, as the The Chaplain, the Reverend Patrick assembly pursuant to section 2 of this con- Army First Sergeant David McNerney Post J. Conroy, offered the following prayer: current resolution, whichever occurs first. Office Building. EC. 2. The Speaker of the House and the Loving God, we give You thanks for S H.R. 3870. An act to designate the facility Majority Leader of the Senate, or their re- giving us another day. of the United States Postal Service located spective designees, acting jointly after con- at 6083 Highway 36 West in Rose Bud, Arkan- As this Chamber lies silent and Mem- sultation with the Minority Leader of the sas, as the ‘‘Nicky ‘Nick’ Daniel Bacon Post bers disperse to celebrate the holy days House and the Minority Leader of the Sen- Office’’. with their families, we ask Your bless- ate, shall notify the Members of the House H.R. 3912. An act to designate the facility ing upon them and upon us all. and the Senate, respectively, to reassemble of the United States Postal Service located at such place and time as they may des- Massive pressures hang over them at 110 Mastic Road in Mastic Beach, New ignate if, in their opinion, the public interest and our Nation. During these days of York, as the ‘‘Brigadier General Nathaniel shall warrant it. quiet, send an abundance of Your gifts Woodhull Post Office Building’’. of wisdom, knowledge, understanding The concurrent resolution was agreed H.R. 5738. An act to designate the facility and good will that the concerns of to. of the United States Postal Service located America’s citizens might be assuaged A motion to reconsider was laid on at 15285 Samohin Drive in Macomb, Michi- by good policy and solutions that will the table. gan, as the ‘‘Lance Cpl. Anthony A. DiLisio guarantee a secure future. f Clinton-Macomb Carrier Annex’’. H.R. 5837. An act to designate the facility May all that is done this day be for COMMUNICATION FROM THE of the United States Postal Service located Your greater honor and glory. CLERK OF THE HOUSE at 26 East Genesee Street in Baldwinsville, Amen. The SPEAKER laid before the House New York, as the ‘‘Corporal Kyle Schneider f the following communication from the Post Office Building’’. H.R. 5954. An act to designate the facility THE JOURNAL Clerk of the House of Representatives: of the United States Postal Service located OFFICE OF THE CLERK, The SPEAKER. The Chair has exam- at 320 7th Street in Ellwood City, Pennsyl- U.S. HOUSE OF REPRESENTATIVES, vania, as the ‘‘Sergeant Leslie H. Sabo, Jr. ined the Journal of the last day’s pro- Washington, DC, December 21, 2012. Post Office Building’’. ceedings and announces to the House Hon. JOHN A. BOEHNER, H.J. Res. 122. Joint resolution establishing his approval thereof. The Speaker, House of Representatives, Wash- the date for the counting of the electoral Pursuant to clause 1, rule I, the Jour- ington, DC. votes for President and Vice President cast nal stands approved. DEAR MR. SPEAKER: Pursuant to the per- by the electors in December 2012. mission granted in Clause 2(h) of Rule II of f the Rules of the U.S. House of Representa- f tives, the Clerk received the following mes- ADJOURNMENT PLEDGE OF ALLEGIANCE sage from the Secretary of the Senate on De- The SPEAKER. The Chair will lead cember 21, 2012 at 1:37 p.m.: The SPEAKER. Without objection, the House in the Pledge of Allegiance. That the Senate passed with an amend- the House stands adjourned pursuant The SPEAKER led the Pledge of Alle- ment H.R. 443. to the previous order. That the Senate passed without amend- There was no objection. giance as follows: ment H.R. 4053. I pledge allegiance to the Flag of the That the Senate passed without amend- Thereupon (at 2 o’clock and 5 min- United States of America, and to the Repub- ment H.R. 6671. utes p.m.), pursuant to the previous lic for which it stands, under nation under That the Senate passed 2388. order of the House of today, the House God, indivisible, with liberty and justice for With best wishes, I am adjourned until noon, Monday, Decem- all. Sincerely, ber, 24, 2012, unless it sooner has re- KAREN L. HAAS. f ceived a message from the Senate f transmitting its concurrence in House PROVIDING FOR AN ADJOURN- CONDITIONAL ADJOURNMENT TO Concurrent Resolution 146. MENT OR RECESS OF THE TWO MONDAY, DECEMBER 24, 2012 HOUSES f The SPEAKER. Without objection, The SPEAKER laid before the House EXECUTIVE COMMUNICATIONS, when the House adjourns today, it ETC. the following privileged concurrent shall adjourn to meet at noon on Mon- resolution: day, December 24, 2012, unless it sooner Under clause 2 of rule XIV, executive H. CON. RES. 146 has received a message from the Sen- communications were taken from the Resolved by the House of Representatives (the ate transmitting its concurrence in Speaker’s table and referred as follows: Senate concurring), That when the House ad- House Concurrent Resolution 146, in 8896. A letter from the Director, Regu- journs on the legislative day of Friday, De- which case the House shall stand ad- latory Management Division, Environmental cember 21, 2012, on a motion offered pursuant journed pursuant to that concurrent Protection Agency, transmitting the Agen- to this concurrent resolution by its Majority cy’s final rule — Pyraflufen-ethyl; Entensian Leader or his designee, it stand adjourned resolution. of Time-Limited Pesticide Tolerances [EPA- until 2 p.m. on Thursday, December 27, 2012, There was no objection. HQ-OPP-2012-0750; FRL-9373-5] received De- or until the time of any reassembly pursuant f cember 10, 2012, pursuant to 5 U.S.C. to section 2 of this concurrent resolution, ENROLLED BILLS AND JOINT 801(a)(1)(A); to the Committee on Agri- whichever occurs first; and that when the culture. Senate recesses or adjourns on the legisla- RESOLUTIONS SIGNED 8897. A letter from the Attorney-Advisor, tive day of Friday, December 21, 2012, or Sat- Karen L. Haas, Clerk of the House, re- Division of Legislation and Regulations, De- urday, December 22, 2012, on a motion offered ported and found truly enrolled bills and a partment of Transportation, transmitting

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 10:22 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR12\H21DE2.000 H21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 18169 the Department’s final rule — Retrospective R04-OAR-2012-0327; FRL-9763-8] received De- 8913. A letter from the Program Analyst, Review Under E.O. 13563: Seamen’s Claims; cember 10, 2012, pursuant to 5 U.S.C. Department of Transportation, transmitting Admiralty Claims [Docket No.: MARAD 2012- 801(a)(1)(A); to the Committee on Energy and the Department’s final rule — Establishment 0005] (RIN: 2133-AB79) received December 4, Commerce. of Class E Airspace; Chenega Bay, AK [Dock- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8905. A letter from the Director, Regu- et No.: FAA-2011-1429; Airspace Docket No. Committee on Armed Services. latory Management Division, Environmental 11-AAL-22] received December 13, 2012, pursu- 8898. A letter from the Associate General Protection Agency, transmitting a report en- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Counsel for Legislation & Regulations, De- titled ‘‘Revised Enforcement Guidance Re- on Transportation and Infrastructure. partment of Housing and Urban Develop- garding the Treatment of Tenants Under the 8914. A letter from the Program Analyst, ment, transmitting the Department’s final CERCLA BFPP Provision’’; to the Com- Department of Transportation, transmitting rule — Federal Housing Administration mittee on Energy and Commerce. the Department’s final rule — Amendment of (FAH) Section 232 Healthcare Mortgage In- 8906. A letter from the Director, Office of Class E Airspace; Augusta, GA [Docket No.: surance Program: Partial Payment of Claims Sustainable Fisheries, NMFS, National Oce- FAA-2011-1334; Airspace Docket No. 11-ASO- [Docket No.: FR-5537-F-02] (RIN: 2502-AJ04) anic and Atmospheric Administration, trans- 43] received December 13, 2012, pursuant to 5 received December 17, 2012, pursuant to 5 mitting the Administration’s final rule — U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on Fi- Fisheries of the Caribbean, Gulf of Mexico, Transportation and Infrastructure. nancial Services. and South Atlantic: Reef Fish Fishery of the 8915. A letter from the Chief, Publications 8899. A letter from the General Attorney, Gulf of Mexico; Gray Triggerfish Manage- and Regulations Branch, Internal Revenue Consumer Product Safety Commission, ment Measures [Docket No.: 120417412-2412-01] Service, transmitting the Service’s final rule transmitting the Commission’s final rule — (RIN: 0648-BB90) received December 17, 2012, — Hurricane Sandy Relief [Announcement Requirements for Child-Resistant Pack- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2012-44] received December 7, 2012, pursuant aging: Products Containing Imidazolines mittee on Natural Resources. to 5 U.S.C. 801(a)(1)(A); to the Committee on 8907. A letter from the Director, Office of Equivalent to 0.08 Milligrams or More [CPSC Ways and Means. Sustainable Fisheries, NMFS, National Oce- Docket No.: CPSC-2012-0005] received Decem- anic and Atmospheric Administration, trans- f ber 17, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); mitting the Administration’s final rule — to the Committee on Energy and Commerce. REPORTS OF COMMITTEES ON Groundfish Fisheries of the Exclusive Eco- 8900. A letter from the Director, Regu- PUBLIC BILLS AND RESOLUTIONS nomic Zone Off Alaska and Pacific Halibut latory Management Division, Environmental Fisheries; Observer Program [Docket No.: Under clause 2 of rule XIII, reports of Protection Agency, transmitting the Agen- 110831549-2587-02] (RIN: 0648-BB42) received cy’s final rule — Approval and Promulgation committees were delivered to the Clerk December 17, 2012, pursuant to 5 U.S.C. of Air Quality Implementation Plans; West for printing and reference to the proper 801(a)(1)(A); to the Committee on Natural Virginia; Redesignation of the West Virginia calendar, as follows: Resources. Portion of the Huntington-Ashland, WV-KY- 8908. A letter from the Deputy Director, Of- Mr. MICA: Committee on Transportation OH 1997 Annual Fine Particulate Matter fice of Sustainable Fisheries, NMFS, Na- and Infrastructure. Summary on the Activi- Nonattainment Area to Attainment and Ap- tional Oceanic and Atmospheric Administra- ties of the Committee on Transportation and proval of the Associate Maintenance Plan tion, transmitting the Administration’s final Infrastructure for the 112th Congress (Rept. [EPA-R03-OAR-2012-0174; FRL-9764-4] re- rule — Fisheries of the Northeastern United 112–718). Referred to the Committee of the ceived December 10, 2012, pursuant to 5 States; Black Sea Bass Fishery; Recreational Whole House on the state of the Union. U.S.C. 801(a)(1)(A); to the Committee on En- Quota Harvested [Docket No.: 111220786-1781- Mr. MICA: Committee on Transportation ergy and Commerce. 01] (RIN: 0648-XC303) received December 17, and Infrastructure. H.R. 5806. A bill to amend 8901. A letter from the Director, Regu- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Homeland Security Act of 2002 to require latory Management Division, Environmental Committee on Natural Resources. the Administrator of the Federal Emergency Protection Agency, transmitting the Agen- 8909. A letter from the Deputy Director, Of- Management Agency to provide guidance and cy’s final rule — Approval and Promulgation fice of Sustainable Fisheries, NMFS, Na- coordination for outreach to people with dis- of Air Quality Implementation Plan; Idaho; tional Oceanic and Atmospheric Administra- abilities during emergencies, and for other Update to Materials Incorporated By Ref- tion, transmitting the Administration’s final purposes; with an amendment (Rept. 112–719, erence [EPA-R10-OAR-2011-0685; FRL-9726-4] rule — Snapper-Grouper Fishery of the Pt. 1). Referred to the Committee of the received December 10, 2012, pursuant to 5 South Atlantic; Reopening of the 2012 Com- Whole House on the state of the Union. U.S.C. 801(a)(1)(A); to the Committee on En- mercial Sector for South Atlantic Red Snap- Mr. GRAVES of Missouri: Committee on ergy and Commerce. per, Gag, and South Atlantic Shallow-Water Small Business. H.R. 3850. A bill to amend 8902. A letter from the Director, Regu- Grouper [Docket No.: 120709225-2365-01 and the Small Business Act with respect to goals latory Management Division, Environmental 0907271173-0626-03] (RIN: 0648-XC332) received for procurement contracts awarded to small Protection Agency, transmitting the Agen- December 17, 2012, pursuant to 5 U.S.C. business concerns, and for other purposes; cy’s final rule — Regulation of Fuels and 801(a)(1)(A); to the Committee on Natural with an amendment (Rept. 112–720, Pt. 1). Re- Fuel Additives: Modifications to the Resources. ferred to the Committee of the Whole House Transmix Provisions Under the Diesel Sulfur 8910. A letter from the Acting Deputy Di- on the state of the Union. Program [EPA-HQ-OAR-2012-0223; FRL-9763- rector, Office of Sustainable Fisheries, Mr. GRAVES of Missouri: Committee on 7] received December 10, 2012, pursuant to 5 NMFS, National Oceanic and Atmospheric Small Business. H.R. 3851. A bill to amend U.S.C. 801(a)(1)(A); to the Committee on En- Administration, transmitting the Adminis- the Small Business Act with respect to Of- ergy and Commerce. tration’s final rule — Fisheries of the North- fices of Small and Disadvantaged Business 8903. A letter from the Director, Regu- eastern United States; Atlantic Herring Utilization, and for other purposes; with an latory Management Division, Environmental Fishery; Sub-ACL (Annual Catch Limit) Har- amendment (Rept. 112–721, Pt. 1). Referred to Protection Agency, transmitting the Agen- vested for Management Area 1A [Docket No.: the Committee of the Whole House on the cy’s final rule — Approval and Promulgation 0907301205-0289-02] (RIN: 0648-AC156) received state of the Union. of Implementation Plans and Designation of December 17, 2012, pursuant to 5 U.S.C. Mr. GRAVES of Missouri: Committee on Areas for Air Quality Planning Purposes; 801(a)(1)(A); to the Committee on Natural Small Business. H.R. 3980. A bill to amend Kentucky; Redesignation of the Kentucky Resources. the Small Business Act with respect to pro- Portion of the Huntington-Ashland, WV-KY- 8911. A letter from the Program Analyst, curement center representatives and acquisi- OH 1997 Annual Fine Particulate Matter Department of Transportation, transmitting tion planning, and for other purposes; with Nonattainment Area to Attainment [EPA- the Department’s final rule — Amendment of an amendment (Rept. 112–722). Referred to R04-OAR-20121-0751; FRL-9763-9] received De- Class E Airspace; Lewistown, MT [Docket the Committee of the Whole House on the cember 12, 2012, pursuant to 5 U.S.C. No.: FAA-2012-0538; Airspace Docket No. 12- state of the Union. 801(a)(1)(A); to the Committee on Energy and ANM-8] received December 13, 2012, pursuant Mr. GRAVES of Missouri: Committee on Commerce. to 5 U.S.C. 801(a)(1)(A); to the Committee on Small Business. H.R. 3985. A bill to amend 8904. A letter from the Director, Regu- Transportation and Infrastructure. the Small Business Act with respect to men- latory Management Division, Environmental 8912. A letter from the Program Analyst, tor-protege programs, and for other pur- Protection Agency, transmitting the Agen- Department of Transportation, transmitting poses; with amendments (Rept. 112–723). Re- cy’s final rule — Approval and Promulgation the Department’s final rule — Amendment of ferred to the Committee of the Whole House of Implementation Plan and Designation of Class D and Class E Airspace; Bozeman, MT on the state of the Union. Areas for Air Quality Planning Purposes; [Docket No.: FAA-2012-0519; Airspace Docket Mr. GRAVES of Missouri: Committee on South Carolina; Redesignation of the Char- No. 12-ANM-16] received December 13, 2012, Small Business. H.R. 3987. A bill to amend lotte-Gastonia-Rock Hill, North Carolina- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Small Business Act with respect to small South Carolina 1997 8-Hour Ozone Moderate mittee on Transportation and Infrastruc- business concern size standards, and for Nonattainment Area to Attainment [EPA- ture. other purposes; with amendments (Rept. 112–

VerDate Sep 11 2014 10:22 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR12\H21DE2.000 H21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18170 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 13 December 21, 2012 724). Referred to the Committee of the Whole from further consideration. H.R. 4206 CONSTITUTIONAL AUTHORITY House on the state of the Union. referred to the Committee of the Whole STATEMENT Mr. GRAVES of Missouri: Committee on House on the state of the Union, and Small Business. H.R. 4081. A bill to amend Pursuant to clause 7 of rule XII of the Small Business Act to contract bundling, ordered to be printed. the Rules of the House of Representa- and for other purposes; with an amendment Pursuant to clause 2 of rule XIII, the tives, the following statements are sub- (Rept. 112–725). Referred to the Committee of Committee on Homeland Security dis- mitted regarding the specific powers the Whole House on the state of the Union. charged from further consideration. Mr. GRAVES of Missouri: Committee on granted to Congress in the Constitu- H.R. 5806 referred to the Committee of tion to enact the accompanying bill or Small Business. H.R. 4118. A bill to amend the Whole House on the state of the the Small Business Act to provide for in- joint resolution. Union, and ordered to be printed. creased small business participation in mul- By Mr. HOLT: tiple award contracts, and for other purposes f H.R. 6703. (Rept. 112–726, Pt. 1). Referred to the Com- Congress has the power to enact this legis- mittee of the Whole House on the state of TIME LIMITATION OF REFERRED lation pursuant to the following: the Union. BILL Article I of the Constitution of the United Mr. GRAVES of Missouri: Committee on Pursuant to clause 2 of rule XII, the States Small Business. H.R. 4121. A bill to provide By Mr. ISRAEL: for a program to provide Federal contracts following action was taken by the H.R. 6704. to early stage small businesses, and for other Speaker: Congress has the power to enact this legis- purposes; with an amendment (Rept. 112–727). H.R. 940. Referral to the Committee on lation pursuant to the following: Referred to the Committee of the Whole Ways and Means extended for a period ending This bill is enacted pursuant to the powers House on the state of the Union. not later than December 31, 2012. granted to the Congress by Article I, Section Mr. GRAVES of Missouri: Committee on 8, Clause 3 of the United States Constitution. Small Business. H.R. 4206. A bill to amend f By Mr. LANGEVIN: the Small Business Act to provide for in- H.R. 6705. creased penalties for contracting fraud, and PUBLIC BILLS AND RESOLUTIONS Congress has the power to enact this legis- for other purposes; with amendments (Rept. Under clause 2 of rule XII, public lation pursuant to the following: 112–728, Pt. 1). Referred to the Committee of Article I, Section 8, Clause 1 of the United the Whole House on the state of the Union. bills and resolutions of the following titles were introduced and severally re- States Constitution. DISCHARGE OF COMMITTEE Pursuant to clause 2 of rule XIII, the ferred, as follows: f Committees on Energy and Commerce, By Mr. HOLT: Science, Space, and Technology, and H.R. 6703. A bill to enable States to imple- ment integrated statewide education longi- ADDITIONAL SPONSORS Transportation and Infrastructure dis- tudinal data systems; to the Committee on charged from further consideration. Education and the Workforce. Under clause 7 of rule XII, sponsors H.R. 3116 referred to the Committee of By Mr. ISRAEL: were added to public bills and resolu- the Whole House on the state of the H.R. 6704. A bill to reauthorize the ban on tions as follows: Union and ordered to be printed. undetectable firearms; to the Committee on H.R. 1810: Mr. ALTMIRE and Mr. MEEKS. Pursuant to clause 2 of rule XIII, the the Judiciary. H.R. 2479: Mr. HIMES. Committee on Oversight and Govern- By Mr. LANGEVIN (for himself and H.R. 6441: Mr. LATOURETTE. ment Reform discharged from further Mr. WELCH): H.R. 6636: Mr. SERRANO, Ms. VELA´ ZQUEZ, consideration. H.R. 3850 referred to the H.R. 6705. A bill to amend the Internal Rev- Mr. NADLER, Mrs. MCCARTHY of New York, Committee of the Whole House on the enue Code of 1986 to reduce the depreciation Ms. SLAUGHTER, Mrs. MALONEY, Ms. recovery periods for energy efficient com- state of the Union, and ordered to be HAYWORTH, Mr. REED, Mr. MEEKS, Ms. mercial buildings, and for other purposes; to CLARKE of New York, Mr. ACKERMAN, Mr. printed. the Committee on Ways and Means. Pursuant to clause 2 of rule XIII, the RANGEL, Mr. ISRAEL, and Ms. BUERKLE. By Mr. BOEHNER: H.R. 6690: Mrs. MILLER of Michigan and Mr. Committee on Oversight and Govern- H. Con. Res. 146. Concurrent resolution LATTA. ment Reform discharged from further providing for a conditional adjournment of H. Res. 734: Mr. ELLISON. consideration. H.R. 3851 referred to the the House of Representatives and a condi- tional recess or adjournment of the Senate; Committee of the Whole House on the f state of the Union, and ordered to be considered and agreed to. printed. f Pursuant to clause 2 of rule XIII, the DISCHARGE PETITIONS— Committee on Oversight and Govern- MEMORIALS ADDITIONS OR DELETIONS ment Reform discharged from further Under clause 3 of rule XII, memorials The following Members added their consideration. H.R. 4118 referred to the were presented and referred as follows: names to the following discharge peti- Committee of the Whole House on the 322. The SPEAKER presented a memorial tions: state of the Union, and ordered to be of the Senate of the State of Michigan, rel- Petition 5 by Mr. BRALEY on House Reso- printed. ative to Senate Resolution No. 181 sup- lution 739: Bobby L. Rush. Pursuant to clause 2 of rule XIII, the porting an amendment to the PPACA; to the Petition 6 by Mr. WALZ on the bill (H.R. Committee on the Judiciary discharged Committee on Energy and Commerce. 15): Carolyn McCarthy.

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OPERATION AMERICAN HEROES in the Bronx after their wedding. Elliott served netta over a dozen times asking that the in the United States Army from 1954–1956. APSG be established, so the American people HON. TED POE Lorraine was able to accompany him at his will know that every effort is being made to OF TEXAS assignments, including Salzburg, Austria, and address a faltering U.S. policy at a critical IN THE HOUSE OF REPRESENTATIVES Fort Monmouth, N.J. where she worked in the juncture. I submit for the RECORD the first part Adjutant General’s Office. They moved to Yon- of a series of letters from August 4, 2010 Thursday, December 20, 2012 kers in November 1961. through September 15, 2011 on this important Mr. POE of Texas. Mr. Speaker, it’s a privi- The Palais’ are very involved in civic; edu- topic. How can President Obama and Sec- lege to speak today about Operation American cational, religious, professional, political, vet- retary Panetta, who served on the ISG, con- Heroes, an organization founded in 2009 by erans and community activities. Both served tinue to claim that putting ‘‘fresh eyes’’ on U.S. Vietnam War Veteran and Houston business- as President of Lincoln Park Taxpayers Asso- strategy in Afghanistan and Pakistan is a bad man, John Carloss. Mr. Carloss recognized ciation where they are now Regents, and as idea? Additional correspondence with the ad- gaps in government support programs and Chairman of the Yonkers Branch of the Amer- ministration between October 3, 2011 and De- has been working endless hours to create Op- ican Red Cross. Lorraine is President of the cember 13, 2012 will follow tomorrow. eration American Heroes. Yonkers Police Second Precinct Community Hon. BARACK H. OBAMA, Mr. Carloss knows American heroes consist Council, serves as Treasurer of an Oil Coop- The President, The White House, Washington, of more than just our warriors fighting over- erative and is on the Westchester County DC. seas. Police officers, firefighters, border patrol Parks, Recreation and Conservation Board. DEAR MR. PRESIDENT: On September 14, agents, and first responders are just a few of Elliott is an administrator at Fordham Uni- 2001, following the catastrophic and delib- versity where he directs the Title VI Programs. erate terrorist attack on our country, I the occupations fighting the front lines at voted to go to war in Afghanistan. I stand by home. They all sacrifice to make sure Ameri- He is a former Yonkers City Councilmember that decision and have the utmost con- cans are safe. As Mr. Carloss likes to say, we and is a member of three veterans Posts (two fidence in General Petraeus’s proven leader- can give a little for those who have given of which he served as Commander) and Sec- ship. I also remain unequivocally committed much and have suffered difficulties and de- retary of the Yonkers Central Committee of to the success of our mission there and to serve our support overcoming obstacles they Veterans Organizations. the more than 100,000 American troops sacri- may be facing due to their service. Both were awarded the Americanism Award ficing toward that end. In fact, it is this Operation American Heroes provides imme- by the Central Committee of Veterans Organi- commitment which has led me to write to diate and long term funding for non-profit or- zations. They are both members of the you. While I have been a consistent sup- porter of the war effort in both Afghanistan ganizations dedicated to improving the lives of Kiwanis Club of East Yonkers. Elliott is an and Iraq, I believe that with this support those who have sacrificed so much to ensure Honorary Kentucky Colonel for his service as comes a responsibility. This was true during we are safe. Their unpaid Board of Directors a consultant to Western Kentucky University. a Republican administration in the midst of works with local businesses to raise these They have four children, eight grandchildren the wars, and it remains true today. funds. They are proud to cover expenses so and five great grandchildren. They attribute In 2005, I returned from my third trip to one hundred percent of all funds raised go to- their marriage longevity to love, patience, un- Iraq where I saw firsthand the deteriorating wards immediately helping heroes, or to the derstanding, caring and adversity in sickness security situation. I was deeply concerned that Congress was failing to exercise the nec- foundations endowment which will support and in health. essary oversight of the war effort. Against many future generations of heroes. I am proud to be able to congratulate them this backdrop I authored the legislation that Every year American Heroes are honored for all of their good works for their community created the Iraq Study Group (ISG). The ISG during the week of September 11th by Oper- and their neighbors. And, like all who believe was a 10-member bipartisan group of well-re- ation American Heroes. Individuals can show in love, I especially want to congratulate them spected, nationally known figures who were their support in a unique way by becoming a on the 60th anniversary of their marriage. brought together with the help of four rep- ‘‘21 Gun Saluter’’ and business owners are They are a shining example to all of us. utable organizations—the U.S. Institute for Peace, the Center for the Study of the Presi- encouraged to donate a small percentage of f dency, the Center for Strategic and Inter- their sales for the week. Mr. Carloss said, EXCHANGE OF LETTERS BETWEEN national Studies, and the Baker Institute for ‘‘These brave men and women are the reason Public Policy at Rice University—and that we have the freedom to start, grow and CONGRESSMAN WOLF AND THE ADMINISTRATION REGARDING charged with undertaking a comprehensive prosper our businesses. It is only right that review of U.S. efforts there. This panel was every business gives a small portion of their THE AFGHANISTAN/PAKISTAN intended to serve as ‘‘fresh eyes on the tar- success in thanks.’’ STUDY GROUP (APSG) get’’—the target being success in Iraq. This organization proves, yet again that, in While reticent at first to their credit Presi- Texas, patriotism is alive and well. Texans HON. FRANK R. WOLF dent Bush, State Secretary Rice and Defense Secretary Rumsfeld came to support the OF VIRGINIA honor not only our fallen heroes, but those ISG, ably led by bipartisan co-chairs, former who have survived. IN THE HOUSE OF REPRESENTATIVES Secretary of State James Baker and former And that’s just the way it is. Thursday, December 20, 2012 Congressman Lee Hamilton. Two members of f your national security team, Secretary of Mr. WOLF. Mr. Speaker, news reports from Defense Robert Gates and CIA Director Leon LORRAINE AND ELLIOTT PALAIS Afghanistan continue to show that U.S. policy Panetta, saw the merit of the ISG and, in is not working. For fiscal year 2012, the House fact, served on the panel. Vice President HON. ELIOT L. ENGEL provided the secretary of defense $1 million to Biden, too, then serving in the Senate, was supportive and saw it as a means to unite the OF NEW YORK establish the Afghanistan/Pakistan Study Congress at a critical time. A number of the IN THE HOUSE OF REPRESENTATIVES Group (APSG). Modeled after the successful Iraq Study Group (ISG), the APSG would be ISG’s recommendations and ideas were Thursday, December 20, 2012 adopted. Retired General Jack Keane, senior a bipartisan panel bringing together the best military adviser to the ISG, was a lead pro- Mr. ENGEL. Mr. Speaker, December 28, and brightest minds to provide solutions on ponent of ‘‘the surge,’’ and the ISG ref- 2012 will mark 60 years of marriage for Lor- how to assure a successful outcome in this erenced the possibility on page 73. Aside raine (Lipsky) and Elliott Palais. They met at troubled region. I have written President from the specific policy recommendations of New York University Heights in 1950 and lived Obama and Secretary of Defense Leon Pa- the panel, the ISG helped force a moment of

● 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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truth in our national conversation about the end, it was unsettling to hear conflicting Hon. LEON PANETTA, war effort. statements from within the leadership of the Secretary of Defense, The Pentagon, Wash- I believe our nation is again facing such a administration that revealed a lack of clar- ington, DC. moment in the Afghanistan war effort, and ity about the end game in Afghanistan. How DEAR SECRETARY PANETTA: I write today that a similar model is needed. In recent much more so is this true for the rest of the concerning the U.S. mission in Afghanistan days I have spoken with a number of knowl- country? An APSG is necessary for precisely and Pakistan. My amendment, which gives edgeable individuals including former senior that reason. We are nine years into our na- the secretary of Defense the authority to es- diplomats, public policy experts and retired tion’s longest running war and the American tablish an Afghanistan/Pakistan (Af/Pak) and active military. Many believe our Af- people and their elected representatives do Study Group, was included in the House- ghanistan policy is adrift, and all agreed not have a clear sense of what we are aiming passed FY 2012 Defense Appropriations bill. I that there is an urgent need for what I call to achieve, why it is necessary and how far pressed for the amendment because I believe an Afghanistan-Pakistan Study Group we are from attaining that goal. Further, an fresh eyes are needed now to examine the sit- (APSG). We must examine our efforts in the APSG could strengthen many of our NATO uation on the ground and the overall U.S. region holistically, given Pakistan’s stra- allies in Afghanistan who are also facing mission. dwindling public support, as evidenced by tegic significance to our efforts in Afghani- I envision the Af/Pak Study Group being the recent Dutch troop withdrawal, and stan and the Taliban’s presence in that coun- modeled after the Iraq Study Group (ISG). would give them a tangible vision to which try as well, especially in the border areas. Both you and your predecessor Bob Gates to commit. This likely will not come as a surprise to served on the ISG and know better than you as commander in chief. You are well ac- Just as was true at the time of the Iraq Study Group, I believe that Americans of all most the benefits it provided after three quainted with the sobering statistics of the years of fighting in Iraq. Now that the U.S. past several weeks—notably that July sur- political viewpoints, liberals and conserv- atives alike, and varied opinions on the war is in its 10th year in Afghanistan, I believe a passed June as the deadliest month for U.S. similar effort is necessary. troops. There is a palpable shift in the na- will embrace this ‘‘fresh eyes’’ approach. Before he was appointed as ambassador to tion’s mood and in the halls of Congress. A Like the previous administration’s support Afghanistan, Ryan Crocker supported cre- July 2010 CBS news poll found that 62 per- of the Iraq Study Group, which involved tak- ating an Af/Pak Study Group, along with cent of Americans say the war is going badly ing the group’s members to Iraq and pro- Ambassador Ronald Neumann and Jim Dob- in Afghanistan, up from 49 percent in May. viding high-level access to policy and deci- bins from the RAND Corporation. American Further, last week, 102 Democrats voted sion makers, I urge you to embrace an Af- men and women are fighting and dying in Af- against the war spending bill, which is 70 ghanistan-Pakistan Study Group. It is al- ways in our national interest to openly as- ghanistan. If we are asking them to put their more than last year, and they were joined by sess the challenges before us and to chart a lives on the line daily, I believe we have an 12 Members of my own party. Senator Lind- clear course to success. obligation to provide an independent evalua- say Graham, speaking last Sunday on CNN’s As you know, the full Congress comes back tion of the U.S. mission. We owe our mili- ‘‘State of the Union,’’ candidly expressed in session in mid-September—days after tary forces nothing less. concern about an ‘‘unholy alliance’’ emerg- Americans around the country will once I do not have the answers. But as you ing of anti-war Democrats and Republicans. again pause and remember that horrific I have heard it said that Vietnam was not know, there is a movement building in Con- morning nine years ago when passenger air- gress in favor of pulling troops out of Af- lost in Saigon; rather, it was lost in Wash- lines became weapons, when the skyline of ington. While the Vietnam and Afghanistan ghanistan. An amendment offered by Rep. one of America’s greatest cities was forever Jim McGovern earlier this year to the Na- parallels are imperfect at best, the shadow of changed, when a symbol of America’s mili- history looms large. Eroding political will tional Defense Authorization Act to accel- tary might was left with a gaping hole. The erate U.S. departure from Afghanistan was has consequences—and in the case of Afghan- experts with whom I have spoken in recent istan, the stakes could not be higher. A year narrowly defeated 204–215. If six members days believe that time is of the essence In had changed their vote, the amendment ago, speaking before the Veterans of Foreign moving forward with a study panel, and War National Convention, you rightly said, would have passed. I have talked to several waiting for Congress to reconvene is too long members who voted against the McGovern ‘‘Those who attacked America on 9/11 are to wait. As such, I am hopeful you will use plotting to do so again. If left unchecked, the amendment who are seriously concerned an executive order and the power of the bully about the war in Afghanistan and could Taliban insurgency will mean an even larger pulpit to convene this group in short order, safe haven from which al Qaeda would plot change their vote if the situation on the and explain to the American people why it is ground does not improve rapidly. to kill more Americans. So this is not only both necessary and timely. Should you a war worth fighting . . . this is fundamental I also believe it is critical that Afghani- choose not to take this path, respectfully, I stan be examined in tandem with the facts to the defense of our people.’’ Indeed it is intend to offer an amendment by whatever fundamental. We must soberly consider the on the ground in Pakistan. It is clear that in vehicle necessary to mandate the group’s order to be successful in Afghanistan, we implications of failure in Afghanistan. Those creation at the earliest possible opportunity. that we know for certain are chilling—name- must have a clear understanding of how The ISG’s report opened with a letter from Pakistan is influencing U.S. operations. Just ly an emboldened al-Qaeda, a reconstituted the co-chairs that read, ‘‘There is no magic Taliban with an open staging ground for fu- look at the recent news from the region. formula to solve the problems of Iraq. How- Hamid Karzai’s half-brother was murdered ture worldwide attacks, and a destabilized, ever, there are actions that can be taken to nuclear-armed Pakistan. and his funeral bombed, Karzai advisor Jan improve the situation and protect American Mohammed Kahn was murdered, and mili- Given these realities and wavering public interests.’’ The same can be said of Afghani- and political support, I urge you to act im- tants attacked and laid siege to the Inter- stan. continental Hotel in Kabul. The enclosed ar- mediately, through executive order, to con- I understand that you are a great admirer ticle printed recently in the Washington vene an Afghanistan-Pakistan Study Group of Abraham Lincoln. He, too, governed dur- Post states, ‘‘. . . optimism and energy van- modeled after the Iraq Study Group. The ing a time of war, albeit a war that pitted ished long ago, gradually replaced by cyni- participation of nationally known and re- brother against brother, and father against cism and fear. The trappings of democracy spected individuals is of paramount impor- son. In the midst of that epic struggle, he re- remained in place . . . but the politics of eth- tance. Among the names that surfaced in my lied on a cabinet with strong, often times op- nic dog fights, tribal feuds and personal pa- discussions with others, all of whom more posing viewpoints. Historians assert this tronage continued to prevail.’’ than meet the criteria described above, are served to develop his thinking on complex ISG co-chairs Baker and Hamilton; former matters. Similarly, while total agreement The men and women serving in Afghani- Senators Chuck Robb, Bob Kerrey and Sam may not emerge from a study group for Af- stan deserve to have fresh eyes look at this Nunn; former Congressman Duncan Hunter, ghanistan and Pakistan, I believe that vig- region as soon as possible. With House pas- former U.S. ambassador Ryan Crocker; orous, thoughtful and principled debate and sage of the Af/Pak amendment, I ask that former Secretary of Defense James Schles- discussion among some of our nation’s great- you use your authority as secretary and inger, and General Keane. These harms are est minds on these matters will only serve move quickly to create this study group. I simply suggestions among a cadre of capable the national interest. The biblical admoni- have discussed my amendment with John men and women, as evidenced by the make- tion that iron sharpens iron rings true. Hamre at the Center for Strategic and Inter- up of the ISG, who would be more than up to Best wishes. national Studies (CSIS) and he has offered to the task. Sincerely, coordinate the group with professionals with I firmly believe that an Afghanistan-Paki- FRANK R. WOLF, a wide range of expertise. stan Study Group could reinvigorate na- Member of Congress. I would appreciate the opportunity to meet tional confidence in how America can be suc- P.S. We as a nation must be successful in with you to discuss this important initiative cessful and move toward a shared mission in Afghanistan. We owe this to our men and and look forward to working with you to en- Afghanistan. This is a crucial task. On the women in the military serving in harm’s way sure we are successful in Afghanistan and Sunday morning news shows this past week- and to the American people. Pakistan.

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0689 Sfmt 0634 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 18173 Best wishes. Ambassador Tomsen’s new book, The Wars cratic members who gave your time during a Sincerely, of Afghanistan, is receiving positive reviews, Republican administration exemplified the FRANK R. WOLF, including the enclosed review in the recent true meaning of service to your country. Member of Congress. edition of Foreign Affairs. The review praises We are now into the 10th year of fighting the book as providing an in depth description in Afghanistan and the challenges we face Hon. LEON PANETTA, of the social structure of Afghanistan and there continue. In 2001, I was the first mem- Secretary of Defense, the mistakes repeated by numerous foreign ber of Congress, along with Rep. Joe Pitts, to The Pentagon, Washington, DC. countries that have tried to help establish visit Afghanistan after the U.S. invasion, DEAR SECRETARY PANETTA: I want to fol- military and political cohesion in the coun- against the wishes of the Defense Depart- low up on my previous letter regarding Af- try. The review states, ‘‘Whether one agrees ment. We saw firsthand the devastation that ghanistan policy and bring to your attention with Tomsen, however, there is no denying the Taliban had visited on Kabul as well as a book I am reading, The Wars in Afghani- that his descriptions of Afghanistan’s soci- the remnants of the U.S. Embassy that was stan, discussed in the enclosed Washington ety and politics are a valuable foundation for abandoned in 1979. I have also traveled to Post book review. Its author, Ambassador any discussion of how the country should be Pakistan and seen the difficulties that coun- Peter Tomsen, is a veteran of the Foreign governed . . . Given Tomsen’s track record, try faces combating the Afghan Taliban and Service and has an impressive background in Americans should give a respectful hearing other terror groups. Despite the current con- the South Asia region. If you have not read to his call for a thorough policy reformula- ditions, all my experience in this region tells his book, I highly recommend it to you. The tion—something beyond tweaks to troop me that success is possible if we formulate Post review concludes: ‘‘This long overdue numbers and counterinsurgency tactics.’’ the right strategy to deal with both Afghani- work . . . is the most authoritative account I believe this book should be required read- stan and Pakistan. yet of Afghanistan’s wars over the last 30 ing for you and your team at the Pentagon. As with the ISG, I believe fresh eyes are years and should be essential reading for Ambassador Tomsen is ready and willing to needed now to examine U.S. policy in Af- those wishing to forge a way forward without lend his expertise to this important effort ghanistan and Pakistan. The security situa- repeating the mistakes of the past.’’ and I again ask that you or your staff meet tion continues to erode as evidenced by co- After three years of the Iraq war, the for- with him. ordinated insurgent attacks on heavily for- mation of the Iraq Study Group garnered the Leon, I renew my call that you use your tified U.S. and NATO compounds just this support of Secretary Rumsfeld, Secretary discretion as secretary and create the Af/Pak week. The Taliban still finds safe haven in Rice, and Joint Chiefs General Pace. Our Study Group. We owe it to the men and the tribal wilderness of Pakistan and the ISI military men and women have been putting women serving and the families and spouses actively funds terrorist groups. their lives on the line in Afghanistan every at home to ensure we have the correct strat- Given these and other concerns on the day for 10 years, seven years longer than egy. After 10 years of fighting, it is time to ground in Afghanistan, I continue to be puz- when the decision was made to create the have a fresh set of eyes examine U.S. strat- zled why you, the Joint Chiefs of Staff and ISG to provide the independent assessment egy. Far from a sign of weakness, creating Secretary Clinton are not supporting the Af/ needed for U.S. policy in Iraq. I believe we an independent Af/Pak study group would Pak Study Group idea in the same manner owe it to our brave soldiers to focus now show the Nation that we are doing every- that Secretary Rumsfeld and other Bush ad- with fresh eyes on the target in Afghanistan. thing possible to achieve our goals in this re- ministration officials supported the ISG. I have spoken with Ambassador Tomsen gion. Having the experience of serving on the ISG about a framework for moving forward in Af- I would welcome the chance to speak with and now serving as Secretary of Defense with ghanistan, and he would be happy to meet you on this matter. a Democratic president (who I acknowledge with you and your team to discuss his Best wishes. inherited the war in Afghanistan), you are in breadth of experience there. I urge you to Sincerely, a unique position to make this group a re- take him up on his offer. FRANK R. WOLF, ality. The authorization and funding for the Best wishes. Member of Congress. Af/Pak Study Group in the House-passed De- Sincerely, fense Appropriations bill gives you the au- FRANK R. WOLF, Hon. LEON PANETTA, thority to create this group today. Member of Congress. Secretary of Defense, U.S. Department of De- I have to tell you that I continue to be dis- fense, The Pentagon, Washington, DC. appointed that your staff has yet to contact Hon. LEON PANETTA, DEAR SECRETARY PANETTA: It was good to former Ambassador Peter Tomsen to discuss Secretary of Defense, be with you at the Pentagon on Sunday to his book, The Wars of Afghanistan. His book The Pentagon, Washington, DC. honor the lives lost there 10 years ago in the provides insightful information on the tribal DEAR SECRETARY PANETTA: I want to draw 9/11 attacks. I want to congratulate you on a structure of both Afghanistan and Pakistan your attention to the enclosed letter I re- moving ceremony that showed reverence to and the political allegiances that underlie ceived from retired Marine Corps General the Pentagon employees and the passengers all actions in the region. I believe his knowl- Charles Krulak regarding an Afghanistan/ of American Flight 77 that perished on that edge and experience in this region would be Pakistan (Af/Pak) Study Group. awful morning. I appreciated your comments invaluable in formatting future policy in General Krulak makes an important point and those of Admiral Mullen. Several of my South Asia. I respectfully ask again: please that we cannot be successful in Afghanistan constituents died at the Pentagon and the take advantage of his work and meet with if we do not address the ongoing tensions and first U.S. service member killed in Afghani- him as soon as possible. frequent hostilities between Pakistan and stan was my constituent. I thank you and all Leon, I don’t have the answers on Afghani- India. I again ask you to take the language those who have served in public office and in stan. Perhaps current U.S. strategy is the in the FY 2012 Defense Appropriations bill uniform in the 10 years we have waged war best way forward. But we owe it to the men and use your authority to create the Af/Pak against global terrorism. and women in uniform who have served and Study Group. Every day we delay is another As I waited for the program to begin on continue to serve there—some paying the ul- missed opportunity to successfully address Sunday, I saw you and former Defense Sec- timate sacrifice—to know definitively. I con- U.S. policy in South Asia. retary Rumsfeld and was struck by a vivid tinue to believe that fresh eyes from outside Thank you for your time and I look for- memory from 2005 of the events surrounding government focused on assessing the situa- ward to meeting with you in the near future the Iraq war. We were three years into the tion is the prudent action to take. I ask that to discuss this important issue. war, the security situation in Iraq was dete- you take the advice of those who support an Best wishes. riorating, and our soldiers were dying every Af/Pak Study Group, including Jim Dobbins, Sincerely, day. As a member of Congress who voted to General Charles Krulak, Ryan Crocker, who FRANK R. WOLF, send our troops to fight, I believed I had the I spoke with prior to his appointment as am- Member of Congress. added responsibility to make sure the ad- bassador to Afghanistan, and other promi- ministration was receiving the best advice nent Americans with experience in this re- Hon. LEON PANETTA, possible on our Iraq strategy. gion. Secretary of Defense, The Pentagon, Wash- So I proposed creating the Iraq Study I believe it would be a sign of strength to ington, DC. Group (ISG) made up of experts outside gov- appoint a study group and let the American DEAR SECRETARY LEON PANETTA: I know ernment to bring what I called ‘‘fresh eyes’’ people know that the administration is will- you care deeply about the men and women in on the target. Secretary Rumsfeld, General ing to examine all possible policies to uniform fighting in Afghanistan. That’s why Pace, Secretary Rice, and NSC Chairman achieve a successful outcome in this trou- I am disappointed that no one from your Hadley all came to see the value in the ISG. bled region. staff has contacted former Ambassador Peter By your participation, I think it is fair to Best wishes. Tomsen, an expert on Afghanistan, to meet say you also saw its benefit, and I greatly Sincerely, with him, as I requested in my letter to you appreciated your outstanding service on the FRANK R. WOLF, of August 1 (enclosed). bipartisan panel. You and the other Demo- Member of Congress.

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18174 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 December 21, 2012 LAMONT MEAUX—HARD CORE onds’’ but continued on, determined to serve Hazel, a staffer working on Kay Bailey TEXAN his country to the best of his ability. Lt. Meaux Hutchison’s U.S. Senate campaign, heard fought in the hot steamy jungles of Vietnam about a former Aggie much like herself that HON. TED POE against America’s enemy. He doesn’t talk was very politically minded. They met at a OF TEXAS much about what he saw. He does remind Beaumont A&M Club meeting in 1997 and hit IN THE HOUSE OF REPRESENTATIVES those at home that a lot of good men served it off instantly. They bonded over the Aggies, with him. Some returned. Some returned with and whiskey, and politics, and the rest, as Thursday, December 20, 2012 wounds of war. Some did not return. Accord- they say, is Texas history. Hazel gave Lamont Mr. POE of Texas. Mr. Speaker, service to ing to a man who served under him, Lamont the birthday present of a lifetime when they God and country are the most honorable ac- ‘‘was a good soldier’s officer who cared and married on September 2, 1999. felt for his men, but still served his country as complishments and contributions that a person Lamont Meaux has dedicated his life to an officer and a gentleman.’’ He was known can make in life. Those who choose the path serving his country and his community, and as a leader who would do anything to protect are the few, the bold, the brave, and the cou- they are both better places because of him. his men. rageous. Today I am proud to honor deco- Lamont Meaux is as Texan as they come. He rated soldier, successful business owner, and When Lt. Meaux returned to America he, like most Vietnam veterans, was treated badly is vocal, opinionated, and a hard core patriot devoted family man Lamont Meaux for his that never forgets honor, duty, country. I am work on behalf of his country and his commu- by Americans who did not serve America. In February of 1970, Lamont would be dis- honored and privileged to call Lamont Meaux nity. a close friend. Thank you Lamont Meaux for Lamont Edward Meaux has known the cost charged from the United States Army with nu- merous honors. He was awarded a National serving our nation and the great State of of service to one’s country since the day he Texas. was born. On September 2, 1945, his father Defense Service Medal, Vietnam Service Clifton Meaux, who was serving his country in Medal, Bronze Star Medal, Second Oak Leaf And that’s just the way it is. the United States Navy at the end of the Sec- Cluster, and two Over Seas Bars. When ond World War, received a telegraph with 6 asked why he did not put in for the Purple f simple words that would change his life for- Heart, Lamont responded that there were oth- ers he sent out in the jungle that came back CONGRATULATING JEFF DOUG- ever: ‘‘Son born, Mom and baby ok.’’ This LASS, WINNER OF THE GOV- sense of purpose and sacrifice would go on to with more serious injuries. One souvenir he was proud to bring home was a telegram with ERNOR’S 2012 INNOVATORS define Lamont’s life. UNDER 40 AWARD As a young child, Lamont’s family moved the same 6 words that his father brought back: from Beaumont, TX, to the Winnie-Stowell ‘‘Son born, Mom and baby ok.’’ They would area of South East Texas. Farming is the have 3 sons before the marriage ended in HON. DANIEL WEBSTER main economic activity in the area, and La- 1994. Those sons were Edward, Terrell, and mont would learn at an early age that he pos- David. Lamont would remain a member of the OF FLORIDA sessed quite the green thumb. Before the age Army Reserves through 1974. IN THE HOUSE OF REPRESENTATIVES The heroic service Lamont made during his of 10, he was growing and selling tomatoes time in the Vietnam War lined him up for a Thursday, December 20, 2012 for 17 cents a pound. He is still happy to promotion to Captain, but his heart belonged share his secrets with anyone who will listen. to his family back in Southeast Texas. He re- Mr. WEBSTER. Mr. Speaker, I am pleased Lamont would also spend time working in the turned home and took up what was natural to to congratulate Jeff Douglass, winner of the abundant oil fields across Southeast Texas him—farming. For the next 25 years, he would Governor’s Innovators Under 40 Award. Mr. before graduating from East Chambers High farm rice, wheat, soy beans, and milo, at one Douglass is the founder and CEO of Cybis School in Winnie, Texas. time up to 3,000 acres. Mr. Speaker, I prob- Communications, a creative technology and His success growing tomatoes made La- ably represent more rice farmers than any communications company based in Orlando, mont a natural fit for Texas A&M University. other member in Texas. Let me tell you, rice Florida. He was a member of the Corps of Cadets farming is hard intense working of the land. Mr. Douglass, a graduate of the University Company C–2, whose motto ‘‘Our family is our Lamont Meaux’s ingenuity was not confined of Central Florida, founded Cybis Communica- strength’’ is very appropriate. As a proud to the battlefield or the farm. In 1976, Lamont tions in 1995. Recruiting new clients solely by Aggie, Lamont would drive his ‘‘Old Blue’’ car saw the need for some corrugated metal word of mouth, Mr. Douglass has emphasized to as many football games as possible, both drainage pipes on the farm. Thinking big, he a personal approach to each project and today home and away. He would earn his BS in In- ordered a train load, used what he needed serves as not only the CEO but also as Cybis dustrial Distribution in 1968 and a week later and sold the rest to the other farmers in the Communication’s Executive Producer, focus- married JoRella White. area. This is the beginning of Seabreeze Cul- ing on creative and live event productions. By Upon graduation, the United States was en- vert, Inc. Lamont would eventually start de- 2006, Cybis was producing events for such trenched in the Vietnam War. Knowing that he signing his own drainage control structures, prestigious customers as the White House and would be called to duty, Lamont did all he turning Seabreeze from a simple agricultural the Office of the President. could to protect his family while he was gone. dealer to a respected creative solution pro- The Governor’s Innovators Under 40 Award He worked for a few months at an engineering vider for industrial, environmental, commercial, firm in Dallas and even sold his Texas A&M is one of Governor Rick Scott’s 2012 and municipal areas. He would go on to cre- Innovators in Business Awards, which are de- Senior Boots. Senior Boots are the most ate Seabreeze Chemical, Inc., to provide prized possession of any Aggie. In May of signed to recognize outstanding contributions cheaper products for the local farmers as well toward growing and diversifying Florida’s 1968, as a member of the United States Army, as raising chickens as Seabreeze Farm. economy. The Innovators Under 40 Award is he left for Fort Benning in Georgia for Officer’s Lamont is a vital part of the community as presented to Florida residents under the age Infantry School. The next year he took off to well. He is a member of the Winnie Chamber Panama to train at the Jungle Operations of Commerce, Society of Professional Engi- of 40 who own or lead a Florida company with Training Center to prepare him for conditions neers, Texas Farm Bureau, and Corps of Ca- annual revenue of $1 million or more, and who unlike anything he could see in Southeast dets Association at Texas A&M. Meaux is have created at least 10 jobs since January Texas. His grandsons love to hear how he Master Chairman for the Beaumont A&M Club, 2011. was taught worms and bugs and jungle sur- board member of the East Chambers Agricul- Through Mr. Douglass’s direction, Cybis has vival. tural Historical Society, and committee mem- expanded and recently relocated to a design Lamont was then ready for deployment as ber of the Regional Advisory Council of the and production studio in downtown Orlando. 1st Lieutenant of the United States Army’s General Land Office. Lamont is a past mem- Mr. Douglass is to be congratulated for the 199th Light Infantry Brigade. While he was ber of the American Rice Growers Associa- hard work and dedication he has dem- being transported to his assignment in Viet- tion, American Soybean Association, and onstrated and for the contributions to Florida’s nam, Lamont was asked if he knew the aver- American Rice Growers Exchange. economy that this award signifies. He is de- age life span of an Infantry Lieutenant in ‘‘The A lifelong interest in politics paid off for La- serving of this recognition. May his work in- Country.’’ He was shocked to hear ‘‘27 sec- mont in a much unexpected way. In 1997, spire others to follow in his footsteps.

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 18175 HONORING KATRINA ANN KELLEY conversation on how to preserve and protect his love of God and education by attending an important neighborhood in Fairbanks, Alas- Gammon Theological Seminary in Atlanta HON. KEITH ELLISON ka from eventual destruction. where he received his Masters of Divinity de- OF MINNESOTA In 1987, the Army entered into a Section gree. He also later took courses in Pastoral IN THE HOUSE OF REPRESENTATIVES 801 build-to-lease housing contract for 400- Counseling at Emory and Duke Universities. home community on seventy-six acres of land. While still a young man in college, A.I. Thursday, December 20, 2012 These homes, consisting of three, four, and began his civil rights activities organizing sit- Mr. ELLISON. Mr. Speaker, I rise today in five bedroom units, a maintenance and leasing ins to protest the college Administration’s poli- honor of Katrina Ann Kelley, a dedicated pub- facility, associated roads and parking areas, cies. His love of community and commitment lic servant whose service to the House of landscaping, eighteen playgrounds, and a cen- to the equal rights of every man, woman, and Representatives and the National School tral heating system including 39 boiler houses, child continued to grow from the start of his Boards Association spanned 28 years. are an important source of housing for military career with the AME Church. As an Itinerant Katrina Ann Kelley was born on September families and the local area. This group of Elder, Rev. Dunlap travelled to many commu- 29, 1960, to William and Joan Kelley, in homes is more than just housing or a neigh- nities in Georgia, Virginia, North Carolina, and Galesburg, Illinois where she was raised along borhood, it is a community. finally to Illinois. Wherever he went, he made with six beloved siblings. She graduated The housing lease for this Section 801 con- an impact. A.I. strove to ensure that everyone Galesburg Sr. High School in 1978 as mem- tract expired in 2007 and the ground lease is he encountered knew Jesus and were treated ber of the National Honor Society before scheduled to expire on June 26, 2018. Without with the dignity and respect they deserved in heading to Marycrest College in Davenport, an extension of the ground lease, the 400 all facets of their lives. Iowa, for a Bachelor of Arts in social work. houses must be removed from their current lo- During Rev. Dunlap’s tenure as an A.M.E. Katrina joined the staff of Congressman cation no later than 180 days following the ex- minister, he participated and held positions Lane Evans in 1984 as a District Caseworker piration of the lease. The most likely outcome some examples of his contributions: Special in his Illinois office; then made the move to of this situation is a complete demolition of Consultant to the North Carolina Fund, which Washington, DC to become a Legislative As- these properties. evaluated community action programs for the sistant. Later, Katrina served as a Legislative Currently, these 400 houses are nearly state of North Carolina; Faculty member and Assistant and a Legislative Director for Rep- 100% occupied (99% in August of 2012) Vice President of Kittrell College in North resentative Charles A. Hayes of Chicago. which is an unbiased testament to the value of Carolina; Chairman, Carolina Ford Fellowship; Katrina loved her years ‘‘on the Hill’’ where these houses. Additionally, the four and five Chairman, Board of Directors for United Com- she made many lifelong friends and brought bedroom units are a valuable but very limited munity Action: Director of Direct Action, Chi- her compassion for constituent service to resource for the large number of military fami- cago’s Southern Christian Leadership Con- every position. Katrina had immense respect lies with multiple children stationed in the ference; Chairman, Chicago Action Com- for Congressman Evans and the late Rep- area. In fact, seeing the value of these homes mittee; Member, Board of Directors, Urban resentative Hayes and considered each of to both the military community and the local Training Center for Christian Mission; Chair- them personal mentors and lifelong friends. tax base, several community leaders and in- man, 4th Episcopal Mass News Media, A.M.E. Katrina took her comprehensive legislative terests have written to me over the past cou- Church; Special Consultant to the late Bishop knowledge and understanding of urban issues ple of years to express their support for ex- Frederick Jordan, Ecumenical Relations, Na- to the National School Boards Association, tending the ground-lease under these homes. tional A.M.E. Church; Vice President, Danville, NSBA, where she served as the Director of While I understand that this is a sensitive VA Ministerial Alliance; member of the Des Urban School District Advocacy, and later as issue, it simply does not make sense for 400 Plaines Ministerial Alliance; Professor of the Director of the Council of Urban Boards of high-use and high-value homes to be torn Urban Programs for the Meadville Theological Education, CUBE, until her departure in 2012. down. There must be a better solution. This Seminary, affiliated with the University of Chi- Katrina helped to shape the CUBE program as bill may not be that solution, but it is a critical cago; Director of Social Action, A.M.E. Min- a critical component of the National School step in the direction to finding one. isterial Alliance of Chicago. Boards Association, touching over one hun- f Although Rev. Dunlap was very involved as dred urban districts and millions of children in a minister, he also found time to become in- the United States and the Virgin Islands. TRIBUTE TO REVEREND volved in civic and political organizations. Katrina’s work helped urban school leaders ALEXANDER I. DUNLAP Some of these organizations and affiliations find solutions to challenges at the local level included Rev. Dunlap’s Charter Membership in and to improve their policy-making effective- HON. BOBBY L. RUSH the Prince Edward County Christian Associa- ness, leading to improved outcomes for chil- OF ILLINOIS tion, an organization that placed black pupils dren. Katrina deeply believed in increasing the IN THE HOUSE OF REPRESENTATIVES in schools after they had been closed to avert integration in Prince Edward county Virginia; opportunities for all students, particularly low Thursday, December 20, 2012 income and minority students. Charter Membership in the Danville Christian Katrina passed away with her sisters at her Mr. RUSH. Mr. Speaker, I rise today to pay Progressive Association, an organization that side on October 9, 2012. I stand here today to tribute to the late-Reverend Alexander I. broke down racial segregation in education honor Katrina Ann Kelley for her legacy of Dunlap. Born December 4, 1930 to Rev. I.D. and employment; Charter membership in the service to the citizens and students of the Dunlap, an A.M.E. minister, and Elmira McCoy Halifax County Voters Movement that reg- United States. Dunlap, a teacher in the public schools of istered 100,000 new voters in eastern North f North Carolina, Rev. Dunlap was the child of Carolina; Charter membership in the Coalition parents who loved the Lord and who loved for United Community Action that helped TO PROVIDE FOR THE CONTINUED education; each of them was an integral part break down discrimination in the Chicago Con- LEASE OR EVENTUAL CONVEY- of the man he was to become. struction industry; the First Executive Director ANCE OF CERTAIN FEDERAL A.I., as he was affectionately known, lost his and founding member of Black Contractors LAND WITHIN THE BOUNDARIES father at the early age of 10, yet he was proud United; President of the Dr. Martin Luther King OF FORT WAINWRIGHT MILI- to tell everyone that he was raised by a phe- Coalition in Chicago; Member of the Chicago TARY RESERVATION IN FAIR- nomenal woman who helped instill in him a Urban League; Chairman of the 2nd Congres- BANKS, ALASKA sense of dignity and respect for himself and sional District of North Carolina; Chairman of who told him that ‘‘You may be as black as the Board of Directors of the North Carolina HON. DON YOUNG coal but you are just as good as any child voter Education Project. OF ALASKA God has ever made.’’ While A.I. was busy bringing people to IN THE HOUSE OF REPRESENTATIVES A.I. attended North Carolina A&T University Jesus and helping to create a better world for where he received a Bachelor of Science de- all, he also had a family. A blind date in At- Thursday, December 20, 2012 gree. He joined the U.S. Army and served dur- lanta led him to the love of his life and wife of Mr. YOUNG of Alaska. Mr. Speaker, I rise ing the Korean War for four years and was 44 wonderful years, Margaret Della Princess today to introduce legislation to continue the honorably discharged. He continued to pursue Esther Lee Dunlap, who predeceased him on

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18176 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 December 21, 2012 October 29, 2004. To that union four children This is the second Gatorade State Player of the issue remained at the center of Direct were born: Michele Arnita, Alexander, Jr, Mi- the Year award for Max Browne, who broke Care Alliance’s agenda. I was inspired by her chael Andre and ‘‘baby’’ Barbara Andrea. He the state record for career passing yards and passion to improve direct care jobs and intro- was a devoted husband and a generous and completions this year, surpassing Detroit Lions duced the Direct Care Workforce Empower- caring father. He would often state how people quarterback and Gatorade Washington Player ment Act in 2010 and reintroduced a similar were amazed with all that he did that he had of the Year Kellen Moore. His second award bill—the Direct Care Job Quality Improvement time to have one child, much less four. A.I. was presented by Seattle Seahawks rookie Act in 2011. One year ago, President Obama loved music and played the trumpet for many Russell Wilson, an added bonus to the won- announced the Department of Labor’s pro- years, loved sports (especially basketball), derful honor. posed rule to extend minimum wage and over- was an avid reader, and an exceptionally I am incredibly proud of this young man. time protections to home care workers. Sadly, skilled poker player. The Gatorade Player of the Year program rec- Ms. Vega did not live to see the rule finalized, Through his efforts, A.I. helped open doors ognizes outstanding athletic excellence, aca- but we will continue to fight to make things to African Americans in construction, edu- demic achievement and exemplary character right for direct care workers, just as she would cation, housing and employment. He was re- demonstrated on and off the field. It is an have done. The values that Ms. Vega fought sponsible for helping to write some of the first honor to represent him as a constituent, and to advance—respect and dignity for all peo- Affirmative Action Programs for companies like I know that he will set an example for his ple—are ones that everyone, regardless of po- Sears Roebuck and Co., Dearborn Park, CNA teammates for years to come. litical affiliation, shares and we must work to- Financial, and Montgomery Ward to name a f gether to move those efforts forward. few. He sued the City of Chicago for the right f to March in Marquette Park, one of the most HONORING THE LIFE OF LEONILA segregated neighborhoods in Chicago in the VEGA PERSONAL EXPLANATION 70s. For the city’s failure to provide adequate protections for their peaceful demonstration, HON. LINDA T. SA´ NCHEZ HON. PETER WELCH A.I. sued the City of Chicago and won his OF CALIFORNIA OF VERMONT case in Dunlap v. City of Chicago (435 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES F.Supp. 1295 (1977)). Thursday, December 20, 2012 Thursday, December 20, 2012 These are just a few examples of the long- ´ lasting impacts that Rev. Dunlap made to- Ms. LINDA T. SANCHEZ of California. Mr. Mr. WELCH. Mr. Speaker, had I been wards the greater objective of creating a more Speaker, on November 19, 2012, the move- present for rollcall vote Nos. 627 and 628, I loving and just society. ment to improve direct care jobs lost a fear- would have voted ‘‘aye.’’ While the family of Shepherd A.I. Dunlap less and spirited leader when Leonila Vega f will miss him, we do not mourn his death. We passed away after battling cancer for fourteen TRIBUTE TO GEORGE RESCH are so grateful to God Almighty that he al- months. As an advocate for direct care work- lowed him to be with us for 82 years. He ers—the more than four million workers who leaves the following persons happy about his assist elders and people living with disabil- HON. RON PAUL life—his children: Michele (Donald) Haughton; ities—Leonila fought to improve wages, ac- OF TEXAS Alexander, Jr. (Darlene); Michael (Ophelia); cess to benefits, and respect for the profes- IN THE HOUSE OF REPRESENTATIVES sion. Born in rural Mexico, Leonila came to the Barbara; grandchildren: Nikhitut, Anjelica, Isa- Thursday, December 20, 2012 iah, Jillian, Chelsea, great-granddaughter United States as a teenager eager for the op- Camia; a host of cousins, nieces, nephews, portunity to pursue an education. She taught Mr. PAUL. Mr. Speaker, I rise to honor H. and a myriad of friends. herself to speak and read English, worked her George Resch, who passed away last week. f way through college, and went on to earn a George was a lifelong champion of liberty, law degree. As a disability rights attorney in sound money, and peace who played a key CONGRATULATING MAX BROWNE Wisconsin, Ms. Vega developed a reputation role in the development of the modern liberty as a ferocious advocate for the elderly and movement. I was privileged to know George HON. DAVID G. REICHERT people living with disabilities. Her cases ex- as a business associate and a friend. OF WASHINGTON posed her to the plight of direct care work- George was one of the liberty movement’s IN THE HOUSE OF REPRESENTATIVES ers—many of whom are immigrant women— leading experts on the dangers of government and she saw firsthand the challenges they control of education. One of his most signifi- Thursday, December 20, 2012 faced, working long hours for little pay and no cant contributions to libertarian scholarship Mr. REICHERT. Mr. Speaker, I rise today to benefits, entrusted with the lives of their cli- was an essay titled ‘‘Human Variations and In- congratulate an exceptional young man, Max ents while suffering an alarming lack of re- dividuality,’’ published in the 1974 anthology Browne, who was recently named the 2012– spect. Her desire to improve life for these The Twelve Year Sentence. In this essay, 2013 Gatorade National Football Player of the caregivers led her to become the Executive George convincingly challenged the popular Year. Director of Direct Care Alliance. At Direct Care idea that government must control education Max Browne grew up in the district I rep- Alliance, Ms. Vega worked to eliminate the ex- in order to ensure ‘‘equality of opportunity.’’ As resent, Washington’s 8th. At 6 feet 5 inches ploitation of direct care workers and its harm- George made clear, because all people differ and 218 pounds, he became Skyline High ful effects on care quality by empowering nu- in their abilities and interests, the only way the School’s star quarterback this year, leading merous direct care workers to see the valu- state can ensure ‘‘equal opportunities’’ is to the Spartans to a 14–0 record and a Class 4A able role they play in society. As she said, it prevent any student from excelling. state championship this fall. Browne passed was her American dream to help others real- As important as George’s scholarship on for 4,526 yards, 49 touchdowns and just five ize their potential. I admire Ms. Vega’s work educational freedom was, his main contribu- interceptions. on behalf of direct care workers, immigrants tion to the liberty movement was his work sup- Max Browne is not only an exceptional ath- and people of color, and am saddened that we porting libertarian scholars—especially young- lete; he is an extraordinary human being. have lost such a vivacious and dynamic lead- er scholars, who often lacked opportunities While a star quarterback at Skyline High er. available to their peers who were willing to School in Sammamish, Washington, he main- Among the issues that Ms. Vega cham- promote statist academic orthodoxy. tained a 3.50 GPA, was a three-time Skyline pioned was the extension of the Fair Labor George began supporting promising liber- High Student of the Month Citizenship Award Standards Act to cover home care workers. tarian scholars in the 1950s, when he met recipient and volunteered on behalf of Sadly, this essential workforce is excluded Professor F.A. ‘‘Baldy’’ Harper at Robert Issaquah Parks and Recreation, the from these basic protections. Such poor work- LeFevre’s Freedom School. Harper imme- Sammamish/Issaquah Young Life ministry and ing conditions hinder recruitment and retention diately recognized George’s qualities of mind as an intern with G2 Physical Therapy. He has which, in turn, negatively affect the quality of and strong character, and eventually recruited also worked with Generation Joy and raised care that millions of Americans receive. Trou- George to work with the William Volker Fund. funds to benefit cancer research. bled by this injustice, Ms. Vega ensured that At the time, the Volker Fund was one of the

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 18177 few organizations dedicated to the develop- had a wonderful understated sense of humor, spected, conflicts are resolved peacefully, and ment and promotion of libertarian ideas. and like our mutual friends Murray Rothbard the world’s resources are used wisely. At the Volker Fund, George worked with and Burt Blumert, a Menckenesque apprecia- In this regard, I commend to my colleagues many leading libertarians thinkers of the day tion of the absurdities of modern American an excellent op-ed by Sharon Waxman, vice- to identify books and authors worthy of pro- politics. George also never lost his ability to president of the International Rescue Com- motion and support. One of the people spot potential young leaders or counsel, as- mittee. Her article in The Hill, ‘‘Don’t Let For- George worked with was Murray Rothbard, sist, and spend time talking to young people eign Aid Fall Off the Fiscal Cliff,’’ outlines the Ludwig von Mises’ heir and the founder of the interested in advancing liberty. My Legislative importance of foreign aid in saving lives and modern libertarian movement. George and Director, for example, benefited from George’s easing suffering for millions around the world. Murray’s friendship began when they dis- advice and friendship. [From The Hill, Nov. 30, 2012] cussed monopolies. George had heard that Mr. Speaker, George Resch’s many friends DON’T LET FOREIGN AID FALL OFF THE FISCAL Rothbard was developing a theory of antitrust in the liberty movement are deeply saddened CLIFF more ‘‘radical’’ than Mises’, and wanted to by his passing. We are also grateful for all he (By Sharon Waxman) learn more. The conversation resulted in a did to build the liberty movement, and for the With the presidential election behind us, friendship that lasted until Murray passed example he set for all of us who continue his attention has turned to the impending ‘‘fis- cal cliff’’. By New Year’s Day, the Obama away in 1995. work of advancing freedom. Administration and Congress must identify In 1961, George helped Professor Harper f $1.2 trillion in savings between spending create the Institute for Humane Studies (IHS). ´ cuts, revenue increases and entitlement re- IHS’s goal was to expand the Volker Fund’s TRIBUTE TO JOHN DELEON form. Otherwise, most federal programs will mission of promoting libertarian scholarship by be cut by a staggering 8.2 percent. identifying and supporting young people with On the chopping block is foreign assist- HON. CHARLES A. GONZALEZ ance, which provides lifesaving aid to mil- the potential to become leading libertarian OF TEXAS lions of vulnerable people, including Syrian scholars. George played a major role in help- IN THE HOUSE OF REPRESENTATIVES refugees fleeing horrific violence and seeking ing to sustain and grow IHS in its early years. Thursday, December 20, 2012 safety and help in neighboring countries. In fact, it is not an exaggeration to say that The consequences of having the budget axe Baldy Harper never would have gotten IHS off Mr. GONZALEZ. Mr. Speaker, I ask my col- fall on foreign aid at this time could be dire. the ground without George’s help. The thou- leagues to join me in recognizing the life of a The Syrian conflict is in its 20th month soldier, an inspiring community leader and a and displacement into Turkey, Jordan, Leb- sands of young people who have been intro- anon and Iraq has more than tripled during duced to the ideas of liberty through IHS’s dear friend of mine who is no longer with us, the last three. By year’s end, it’s estimated programs, as well as those who received aca- Mr. John de Leo´n. that 700,000 Syrian refugees will be spread demic and career support from IHS, all owe a John was born in San Antonio, Texas on out across the region, overwhelming the debt of gratitude to George Resch. May 6, 1944. He began his career with the communities hosting them and fueling a hu- In 1965, George helped his friends Murray United States Army before going on to serve manitarian crisis. Rothbard and Leonard Liggio publish Left and a long career with the Federal Government. Last week, I visited a hospital wing in Amman, Jordan, filled with Syrian refugees. Right, a journal dedicated to preserving the Throughout his career, John was dedicated to There, I met a father from Homs who had ‘‘Old Right’s’’ limited government and anti-im- community development, civil rights and been out buying bread when his neighbor- perialist ideals. As the title suggests, Left and human rights. As a result of his exceptional hood came under siege. Now he is paralyzed Right also sought to create an alliance with work, dedication and professionalism, he re- from the chest down from shrapnel wounds. the anti-imperialist and anti-corporatist ele- ceived several awards and special recogni- His wife and eight-year-old son keep vigil at ments found on the left. Left and Right was tions from community organizations and the his hospital bed, day and night. Their alter- Federal Government. natives are few. They either move to a ref- published until 1968. However, its influence is ugee camp, a grim prospect as winter ap- still felt today. The seeds that Rothbard, Once he retired from the Federal Govern- proaches, or become part of a massive, un- Liggio, and Resch planted are at last bearing ment, Mr. de Leon went on to serve with the derserved and desperate urban refugee popu- fruit as a new left-right coalition has embraced City of Houston, became Chairman of the Har- lation. the ideas Left and Right championed. This co- ris County Tejano Democrats, and later as Meanwhile, other large-scale humanitarian alition of libertarians, liberals, and constitu- Chairman of the U.S. Democrats Abroad in emergencies have worsened or unfolded in the past year. tional conservatives is working together to op- Mexico. Mr. de Leon not only spent his life as An estimated 18 million people are food in- pose militarism, protect civil liberties, end cor- a dedicated public servant, but as a loving secure in Africa’s Sahel region because of porate welfare, and reduce the power of the husband to his dear wife Irene, father, grand- chronic poverty and crushing drought, and Federal Reserve. father and dear friend to many. Please join me four million children are malnourished. In George also had a successful private-sector in recognizing his career of distinguished serv- Mali, conflict in the north, which has caused career working with Burt Blumert at Camino ice and contribution to our great country. the displacement of some 400,000 people, has Coins. Burt and George truly were kindred exacerbated its food crisis. Violence in Blue f Nile and Southern Kordofan states of Sudan souls, both tireless promoters and supporters DON’T LET FOREIGN AID FALL has forced 175,000 refugees to flee to South of the ideas of liberty. Burt and George made Sudan and an additional 65,000 to Ethiopia. Camino one of the country’s top coin busi- OFF THE FISCAL CLIFF Violence continues to spiral in eastern nesses. provinces of the Democratic Republic of George also worked with Burt at the Center HON. HOWARD L. BERMAN Congo, where fighting repeatedly uproots for Libertarian Studies. The Center published communities, disrupts food production and OF CALIFORNIA shuts down health services. And whenever the Journal of Libertarian Studies (among IN THE HOUSE OF REPRESENTATIVES conflict escalates there, so does violence tar- many other projects), the first academic jour- Thursday, December 20, 2012 geting women. Meanwhile, in Afghanistan, a nal devoted to the ideas of liberty. George humanitarian crisis has worsened, with un- also helped Burt and Lew Rockwell establish Mr. BERMAN. Mr. Speaker, as negotiations rest and natural disasters uprooting more and develop Lewrockwell.com, the world’s to avoid the ‘‘fiscal cliff’’ enter the final stages, than half a million people. most-visited libertarian web site. it is important that we keep in mind the poten- All told, more than 44 million people are When I left Congress in 1984, Burt and tially devastating consequences of across-the- currently displaced by conflict around the world—the highest number in 15 years. George assisted me in establishing Ron Paul board cuts. This is true not only for domestic My organization, the International Rescue Coins. I worked with Burt and George until I programs, but also for foreign assistance, Committee, is on the ground in these and returned to Congress in 1996 and had to end which represents less than one percent of the other conflict and disaster zones, responding my involvement in the company. Getting to Federal budget and is one of the most cost- to pressing humanitarian needs. We see first- know George was one of the most enjoyable effective ways of protecting our interests hand how foreign assistance is saving lives and easing the suffering of countless people. aspects of working in the coin business. You across the globe. Today, more than ever, our The need for the United States to respond could not ask for a better business partner or health, security, and prosperity depend on a to global humanitarian emergencies is in- friend than George. He never treated anyone world in which basic human needs are met, creasing exponentially at the very time that with anything less than complete respect. He fundamental rights and freedoms are re- across-the-board cuts may go into effect.

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0689 Sfmt 0634 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18178 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 December 21, 2012 While we appreciate the daunting budget 6672, to reauthorize certain programs under tary science courses, the creation of the decisions ahead, foreign aid represents less the Public Health Service Act and the Federal MX400 Officership course, and the creation of than one percent of all federal spending, and Food, Drug, and Cosmetic Act with respect to Cadet Leader Development Training (CLDT). non-war foreign assistance has already been public health security and all-hazards pre- Colonel Meese graduated from the United cut by 15 percent over the last two years. An States Military Academy on 27 May 1981 and additional 8.2 percent reduction in foreign paredness and response and for other pur- aid will undoubtedly cut the very programs poses, I would have voted ‘‘aye.’’ was commissioned as a Second Lieutenant in that enable the United States to respond to Had I been present for rollcall vote No. 634, the Field Artillery. After being an honor grad- human suffering and foster economic growth on motion to suspend the rules and pass H.R. uate of the Field Artillery Officer Basic Course and stability. It will put millions of lives at 1845, the Medicare IVIG Access Act, I would at Fort Sill, he reported to his first duty assign- risk and set the U.S. back years in its effort have voted ‘‘aye.’’ ment with the 1st Battalion, 79th Field Artillery to lift people out of poverty and reduce de- Had I been present for rollcall vote No. 635, (later designated 6th Battalion, 8th Field Artil- pendency. Such cuts would be shortsighted on motion to suspend the rules and agree to lery) at Fort Ord, California. He served as a and would not solve America’s fiscal woes. company Fire Support Team Chief, Battery America’s continued leadership in foreign H. Res. 668, to refer H.R. 5862, a bill making congressional reference to the United States Executive Officer (during which time his Bat- policy and foreign assistance is critical, but tery received the Gilmore Award as the best it cannot happen on a shoe-string budget. Court of Federal Claims pursuant to sections The U.S. government must have the right 1492 and 2509 of title 28, United States Code, firing—battery in the 7th Infantry Division), tools at its disposal to conduct effective di- the Indian trust-related claims of the Quapaw Battalion S–1/Adjutant, and Battalion Fire Di- plomacy, encourage development and pro- Tribe of Oklahoma as well as its individual rection Officer. During this period he assisted vide humanitarian assistance to effect posi- members, as amended, I would have voted with the conversion of the artillery to the Infan- tive change in areas where it’s desperately ‘‘aye.’’ try Division (Light) configuration and partici- needed. pated in training deployments to Japan, Pan- In the weeks ahead, we hope the Adminis- Had I been present for rollcall vote No. 636, on the motion to suspend the rules and pass ama, Minnesota, Idaho, and other locations in tration and Congress will reach an agree- California. In 1985, he attended the Field Artil- H.R. 6655, the Protect Our Kids Act, I would ment that moves America off this precarious lery Officer Advanced Course, where he was fiscal cliff while preserving America’s leader- have voted ‘‘aye.’’ the distinguished graduate, and then was as- ship in foreign assistance and its commit- Had I been present for rollcall vote No. 637, signed to 2nd Battalion, 6th Field Artillery ment and ability to protect the world’s most on the motion to suspend the rules and pass (later designated 4th Battalion, 82nd Field Ar- vulnerable. S. 3564, the Public Interest Declassification tillery) in Hanau, Germany from 1985–1988. f Board Reauthorization Act, I would have voted He served as the Battalion Assistant Oper- ‘‘aye.’’ ations Officer, interim Battalion S–3, and firing PERSONAL EXPLANATION Had I been present for rollcall vote No. 638, Battery Commander of a 155mm M109A1 SP on the motion to suspend the rules and pass howitzer battery with a contingency mission in HON. BEN RAY LUJA´ N H.R. 6016, the Government Employee Ac- support of the 3rd Armored Division’s General OF NEW MEXICO countability Act, as amended, I would have Defense Plan in Germany’s Fulda Gap. In this voted ‘‘aye.’’ IN THE HOUSE OF REPRESENTATIVES position, he was designated as the MacArthur Thursday, December 20, 2012 f Leadership Award Nominee for V Corps and Mr. LUJA´ N. Mr. Speaker, due to a family RECOGNIZING COLONEL MICHAEL was selected for early promotion to major. matter requiring my presence in New Mexico, J. MEESE Colonel Meese attended the Woodrow Wil- I was not able to be present for a number of son School of Public and International Affairs votes on the House floor this week. at Princeton University from 1988–90, earning HON. CHRISTOPHER P. GIBSON an M.P.A., an M.A. and completing all require- Had I been present for rollcall vote No. 627, OF NEW YORK ments for his Ph.D., except the dissertation, on motion to suspend the rules and pass H.R. IN THE HOUSE OF REPRESENTATIVES which he would later complete coincident with 4606, to authorize the issuance of right-of-way other duties. He was assigned to the United permits for natural gas pipelines in Glacier Na- Thursday, December 20, 2012 States Military Academy as an instructor and tional Park, and for other purposes, as amend- Mr. GIBSON. Mr. Speaker, I rise today to assistant professor in the Department of So- ed, I would have voted ‘‘aye.’’ recognize the accomplishments of Colonel Mi- cial Sciences from 1990–1993, where he Had I been present for rollcall vote No. 628, chael J. Meese, Professor and Head of the taught the advanced economic principles on motion to suspend the rules and pass S. Department of Social Sciences at West Point. course, microeconomics, macroeconomics, 3193, the Barona Band of Mission Indians Colonel Meese is retiring January 18, 2013 and economics of national security. He was an Land Transfer Clarification Act of 2012, I after over 31 years of long and distinguished honor graduate of the Command and General would have voted ‘‘aye.’’ service. Staff College at Fort Leavenworth, Kansas, Had I been present for rollcall vote No. 629, As Head of the Social Sciences Department and in 1994–1996 he was assigned to the 1st on motion to suspend the rules and pass H.R. at West Point, Colonel Meese teaches eco- Cavalry Division at Fort Hood, Texas. He be- 6504, the Small Business Investment Com- nomics and national security courses and came the Operations Officer of 3rd Battalion, pany Modernization Act of 2012, I would have leads the 70 military and civilian faculty mem- 82nd Field Artillery, coordinating the battalion’s voted ‘‘aye.’’ bers who teach political science, economics, operations on a no-notice deployment to fight Had I been present for rollcall vote No. 630, and terrorism-related courses. He also leads wildfires in Montana and on an NTC rotation. on motion to suspend the rules and agree to the Combating Terrorism Center, the Office of He later served as the Deputy G3 of the 1st the Senate Amendment on H.R. 3783, an act Economics and Manpower Analysis, and the Cavalry Division, including commanding the to provide for a comprehensive strategy to Conflict and Human Security Studies Program Division Assault Command Post during its de- counter Iran’s growing hostile presence and whose personnel both teach cadets and con- ployment to Korea as part of Exercise Foal activity in the Western Hemisphere, and for duct nationally significant research in ter- Eagle in 1996. other purposes, I would have voted ‘‘aye.’’ rorism, Army personnel policy, and cultural The Academic Board selected Colonel Had I been present for rollcall vote No. 631, studies. He serves as the Co-Chair of the Meese as an Academy Professor in the De- on motion to suspend the rules and pass H.R. Strategic Planning Working Group, developing partment of Social Sciences, and he returned 6621, to correct and improve certain provi- the 2013–2019 Strategic Plan, which is critical to become the Director of Economics in 1996. sions of the Leahy-Smith America Invents Act to the long term future of the Academy. Pre- In 2001, he was selected to become a Pro- and title 35, United States Code, as amended, viously he chaired the Academic Excellence fessor, U.S. Military Academy, was confirmed I would have voted ‘‘aye.’’ Subcommittee of the NCAA Accreditation, by the Senate in 2002, and became Deputy Had I been present for rollcall vote No. 632, which was instrumental to continued intercolle- Head of the Department of Social Sciences. on motion to suspend the rules and pass S. giate athletic participation. He chaired the Su- Since June 2005, he has served as the Pro- 3642, the Theft of Trade Secrets Clarification perintendent’s Planning Team that examined fessor and Head of the Department of Social Act, I would have voted ‘‘aye.’’ the military program and developed the most Sciences, U.S. Military Academy. Had I been present for rollcall vote No. 633, significant recent changes to the military pro- During over 19 years serving at West Point, on motion to suspend the rules and pass H.R. gram at West Point: The consolidation of mili- Colonel Meese has personally supervised the

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 18179 execution of one of the leading political ical-military problems facing the Nation and PERSONAL EXPLANATION science and economics programs in the Na- the Army. He deployed for a full year from tion, ensuring that cadets achieve the highest 2010–2011 as the Assistant Chief of Staff for standards, are enthusiastic about their edu- the International Security Assistance Force in HON. ANNA G. ESHOO cation, and eagerly anticipate their service in Afghanistan, where he was instrumental in in- OF CALIFORNIA the Army. This includes continually ensuring tegrating the 1,500-person ISAF staff working IN THE HOUSE OF REPRESENTATIVES that the Social Sciences curriculum reflects for General Petraeus to supervise a com- the changing economic, political, and cultural prehensive civil-military counterinsurgency Thursday, December 20, 2012 environment that graduates will face and in- corporates the latest teaching in terrorism, na- campaign. In December 2009–January 2010, Ms. ESHOO. Mr. Speaker, I was not tional security, and post-conflict studies to bet- he deployed to Afghanistan leading a flag offi- present during the rollcall vote No. 623, on ter prepare cadets. As a result, every USMA cer/ambassadorial interagency team to im- December 12, 2012. I would have voted ‘‘no.’’ graduate has a core understanding of Social- prove U.S. detention policy and establish Sciences and over 200 cadets every year Combined Joint Task Force 435. In January- f studied political science or economics in March 2009, he deployed to assist General depth. This study has significantly prepared Odierno and Ambassador Crocker as they de- HONORING THE 25TH ANNIVER- SARY OF THE CHABAD CENTER graduates to anticipate and respond effectively veloped the ‘‘Responsible Withdrawal of OF NORTHWEST NEW JERSEY to the uncertainties of a changing techno- Forces from Iraq’’ plan for the Obama Admin- logical, social, political, and economic world istration. He had previously deployed to Iraq that they face as commissioned leaders of from June–September 2007, assisting General HON. RODNEY P. FRELINGHUYSEN character in the United States Army. He has Petraeus’ assessment and testimony; from OF NEW JERSEY exemplified teaching by teaching a minimum January–March 2007, to develop ‘‘the surge’’ of two sections every semester at West Point. IN THE HOUSE OF REPRESENTATIVES Colonel Meese has inspirationally led the campaign plan; from June–August 2003 in professional development of Social Sciences Mosul, Iraq to help establish governance and Thursday, December 20, 2012 stability immediately after the beginning of Op- faculty, supported the research needs of the Mr. FRELINGHUYSEN. Mr. Speaker, I rise Army, and advanced the fields of economics, eration Iraqi Freedom; and from January to July 2002 to Bosnia as the Executive Officer today to honor the Chabad Center of North- political science, and national security policy. west New Jersey, Rockaway Township, Morris to the Assistant Chief of Staff for Operations As a result of his leadership, Social Sciences County, New Jersey as they celebrate their for the NATO Stabilization Force. In sum, he faculty have been routinely included in the on- 25th anniversary this year. going analysis of economics and national se- has deployed to combat zones for over 31 curity policy issues, both as individuals and months since 2001 in support of ongoing mili- Founded in 1988 by a small group of volun- teers, Chabad Center of Northwest New Jer- through the Combating Terrorism Center tary operations. sey has grown into a regional network of so- (CTC), the Office of Economic and Manpower In addition to combat deployments, Colonel Analysis (OEMA), and the Center for Human cial, religious and charitable programs. The Meese has assisted the Army’s strategic deci- Security Studies (CHSS). He robustly sup- Center is built around the acceptance of every sion making in many other areas. He served ported scholarship by senior military and civil- individual on his or her own level, regardless ian faculty who have routinely presented or as the Executive Director of the Secretary of of background, affiliation, age or financial sta- published papers at least once annually and the Army’s Transition Team in 2005; was the tus. By blending traditional values with modern nearly every military faculty presented or pub- co-director of the Department of Defense day techniques, the Center has been able to lished at least once during their USMA tour. Panel on Commercialization and Globalization touch many lives through Morris, Sussex and He personally exemplifies scholarship, result- (the Dawkins Panel) in 1999; served as a Warren Counties. ing in over two dozen invited presentations, in- member of the Defense Science Board Impro- At the core of the Chabad Center of North- cluding testimony to a U.S. congressional vised Explosive Device Task Force (2007– west New Jersey is their educational program, committee; twenty book chapters, conference 2009); and was a member of the 2001 Army offered through the Chabad Educational Cen- papers, major conference reports, or journal Science Board Team developing the redesign ter. Their mission is based on the driving prin- articles; and two full length books: American of the Army Headquarters staff. He partici- ciple that the Jewish education system should National Security and the Armed Forces Guide pated in the assessment, training, and edu- focus on character development, spiritual con- to Personal Financial Planning. cation of the South African National Defense sciousness and selfless devotion to the better- At West Point, Colonel Meese has been a Force (SANDF) in 1998 to fundamentally ment of humanity. critical leader of strategic thought among his transform the SANDF after their post-apartheid The Center opened in 2008 to provide inno- faculty, throughout the Academy, and within transition of government. He has participated vative educational services and cultural enrich- the Army. This includes his leadership of con- as a presenter, organizer, or author in nine dif- ment for all ages. Making up the Chabad Edu- ferences on topics including: ‘‘Toward an Army cational Center are the state-of-the-art Early Officer Corps Strategy,’’ ‘‘Bridging the Cultural ferent NATO or Partnership for Peace con- ferences that have supported effective partner- Learning Center, Hebrew School, Hebrew Divide: NGO-Military Relations in Complex En- High, Adult Education Institute and the first ships with NATO and non-NATO partners. vironments,’’ ‘‘The Professional Military Ethic Community Mikvah established in Northwest in an Era of Persistent Conflict,’’ ‘‘Public Diplo- Colonel Meese’s distinguished career re- New Jersey. Each of these allows the Chabad macy: Messages, Process, Outcomes,’’ and flects the vision, demonstrated leadership, and Center of Northwest New Jersey to bring valu- ‘‘The Army Profession.’’ As a result of these extraordinary service of a proven leader. His able educational and cultural opportunities to efforts and his ongoing encouragement of dy- service, unwavering dedication to duty, and all members of their community. namic faculty members conducting leading- the life-long impact he has had on the careers The Chabad Center of Northwest New Jer- edge research, the Social Sciences Depart- of faculty members and graduates of West sey also offers Men’s and Women’s clubs, giv- ment has become one of the leading reposi- Point have contributed immeasurably to the ing members of their community the oppor- tories of innovative thought within the Army. In status of the United States Military Academy tunity to socialize and perform acts of philan- 2006, the Department was recognized for its and to the achievements of Army officers. In thropy throughout Northwest New Jersey. contributions with the presentation of the Army fact, I was one of those officers who had the Superior Unit Award. During 2003–2004, Colo- Through their educational, philanthropic and nel Meese was the USMA Fellow at the Na- privilege to serve with and learn from COL community outreach programs, the Center has tional War College, where he graduated from Mike Meese, and I am at once humbled and established itself as a pillar of our local com- the National War College while exemplifying honored at this moment to congratulate him munity. teaching excellence on their faculty. on a career of exceptional service to the Army Mr. Speaker, I ask you and my colleagues Beyond West Point, Colonel Meese has and the Nation. I wish him, Ramona, and their to join me in congratulating Chabad Center of been called on numerous times to address family all the best as they transition to civilian Northwest New Jersey as they celebrate their some of the most challenging strategic polit- life and continue to serve in other ways. 25th anniversary.

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18180 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 December 21, 2012 CECIL SCAIFE VISIONARY AWARD combat operations in Al Anbar Province on commando to fire in an accurate manner be- AWARDED TO AMY GRANT April 15, 2006. He died at the age of 19. fore repeatedly running through enemy gunfire Ryan’s memory is held in high honor, respect, to lead his 10-man commando unit across HON. MARSHA BLACKBURN and love by his family, friends, and the many 1,100 meters of open terrain, all while ‘‘relent- OF TENNESSEE individuals that he touched during a too-short lessly’’ firing his rifle. Additionally, Sergeant IN THE HOUSE OF REPRESENTATIVES life. Soutra helped carry casualties out of the line Turning personal loss into a passionate re- of fire while orienting air support from jets and Thursday, December 20, 2012 solve to help others, the Winslows have be- helicopters. Mrs. BLACKBURN. Mr. Speaker, musical come great advocates for all soldiers and vet- Simply, his actions went beyond the call of genius is commonplace in Middle Tennessee. erans in Alabama. Marynell Winslow played a duty, saving the lives of Marines, Sailors, and We see it on the Billboard Top 40, and we lead role in founding Gold Star Families of Afghan commandos. hear it in our local gathering spots. We are a Alabama to recognize service members who Too often, heroic actions of our military’s community of notable note-makers, and yet have given their lives in defense of our coun- elite special operations forces, like Sergeant there are those who stand a bit taller among try and provide comfort to their families. Gold Soutra, go unrecognized. It is simply the na- the rest of our blessings. I rise today to honor Star Families has recently undertaken a ture of their job to take on the most dangerous Amy Grant as she receives the Cecil Scaife project to build a memorial at the American tasks, with no hope for glory or public ac- Visionary Award and is recognized for her Village to Alabamians who have given their knowledgement. contribution to Tennessee’s legendary sound. lives in service to our country since 9/11. Sgt. Soutra put his own life on the line with- Amy Grant’s music is more than a simple The Veterans Center in Center Point is a out a second thought, not because he ex- part of our lives. From her light-hearted hits to special place. Opened in December 2010 by pected credit, but because it was the right the notes and scores that wove their way from Three Hots and a Cot, a truly inspiring non- thing to do to protect his men. our darkest moments, Grant’s pen continually profit organization, the center offers safe shel- Mr. Speaker, our nation is lucky to have casts light into our collective soul. Bluegrass, ter to homeless military veterans and helps men like Sergeant Soutra serving us. I know gospel, Christian, and pop all claim a bit of with their transition back to an independent that all of my colleagues, constituents, and fel- Grant’s heritage as she continues to weave all lifestyle. With a staff that includes formerly low residents of Worcester will join me in of- four together into one signature blend. Her homeless veterans, the center goes beyond fering our humble gratitude for his actions, and music is a part of our Christmas, our Easter, offering housing and meals and provides serv- sincere congratulations on his recognition. and our seasons in between. ices such as life skills training, job searches, f I ask my colleagues to join with me and cel- transportation to VA hospitals for medical ap- ebrate Amy Grant not simply for her legendary pointments, and companionship and stability. HONORING DWIGHT E. RADCLIFF sound and steadfast commitment to the music It is a model example of the responsibility and industry, but for her graciousness in paving duty that we have as a society to assist the HON. STEVE AUSTRIA the way for other singers, songwriters, and veterans who have sacrificed for us. OF OHIO bare-footed musicians to come along with her. The tremendous amount of good that has IN THE HOUSE OF REPRESENTATIVES It is fitting, then, that she be awarded the Cecil been done and that will be done in the Vet- Thursday, December 20, 2012 Scaife Visionary Award, and I appreciate her erans Center will now serve as a lasting trib- faithfulness to Nashville. I also appreciate the ute and thank you to Ryan Winslow and his Mr. AUSTRIA. Mr. Speaker, I rise today to hard work and support of those who estab- family, and indeed to every serviceman and recognize Sheriff Dwight E. Radcliff on the lished and continue the Cecil Scaife Business servicewoman who has given the ultimate sac- celebration of his retirement and for his out- Scholarship. Your devotion to those who pio- rifice to defend our great Nation. The name of standing years of service to Pickaway County neer the way for future music legends helps to Ryan Winslow will be proudly born by this and the State of Ohio. strengthen our community and the sounds of sanctuary of hope and recovery. It is an honor to congratulate Sheriff Radcliff our home. It is altogether fitting and proper that the on this momentous occasion as the longest- f U.S. House of Representatives take time to serving sheriff in the United States of America. recognize and memorialize this most important Serving as the Pickaway County Sheriff since DEDICATION OF THE RYAN occasion. 1965, Sheriff Radcliff has been committed to WINSLOW VETERANS CENTER f the citizens of Pickaway County by protecting life and property, preventing and solving crime HON. SPENCER BACHUS IN RECOGNITION OF SERGEANT and responding to all requests for assistance. SOUTRA OF ALABAMA Following in his father’s footsteps, Dwight IN THE HOUSE OF REPRESENTATIVES became the second Radcliff to become the Sheriff of Pickaway County and the family Thursday, December 20, 2012 HON. JAMES P. McGOVERN OF MASSACHUSETTS name has held the office for 78 of the last 82 Mr. BACHUS. Mr. Speaker, it is my privilege IN THE HOUSE OF REPRESENTATIVES years. Over the past several decades, Radcliff to announce to this House that the Clay Vet- has had both trying and memorable mo- erans Center in Center Point in the Sixth Dis- Thursday, December 20, 2012 ments—from living in the county jail with his trict of Alabama has been rededicated as the Mr. MCGOVERN. Mr. Speaker, I rise today family to apprehending the rarest of criminals. Ryan Winslow Veterans Center. to recognize the extraordinary achievements Because of his great dedication and reputation The renaming honors the patriotic service of of Marine Sergeant William Soutra, Jr. in Af- for law enforcement, Pickaway County is often Marine Lance Corporal Ryan George Winslow, ghanistan. Sergeant Soutra recently received referred to as ‘‘Putaway Pickaway’’ by local who lost his life in Iraq defending our free- the Navy Cross, the second highest honor and statewide residents. doms, and also recognizes his parents, given for valor in combat. On November 6, 2012 his son Robert was George and Marynell Winslow, who instilled in Sergeant Soutra is a resident of Worcester elected sheriff and will become the third gen- their son high character and a desire to serve and a 2004 graduate of Worcester Vocational eration of Radcliff’s to hold this office. Dwight others. High School, where he played lacrosse, foot- is married to Betty his wife of 59 years and is Ryan Winslow, who attended Hoover High ball, and hockey. Sergeant Soutra attended the father of three and grandfather to eight School and Jefferson State Community Col- Becker College before joining the Marines in grandchildren, and great-grandfather to two lege and belonged to Shades Crest Baptist 2005. great-grandchildren. Church, enlisted in the U.S. Marine Corps in Over a two day attack beginning on July 10, Thus, I join the citizens of the 7th Congres- January 2005. Deployed to Iraq with the 2nd 2010, Sergeant Soutra’s element leader was sional District in congratulating and honoring Tank Battalion, 2nd Marine Division, II Marine mortally wounded by an improvised explosive Sheriff Dwight E. Radcliff for his many years Expeditionary Force, Lance Corporal Winslow device. With his unit disoriented, Soutra, of dedication and exemplary service to performed his duties with great dedication, dis- alongside his military dog Posha, immediately Pickaway County and the state of Ohio, and to tinction, and drive despite his young age. took charge. Sergeant Soutra, without an in- extend best wishes to him and his family for Tragically, Ryan suffered fatal injuries during terpreter, physically re-positioned each Afghan much success in the future.

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 18181 THE MORTGAGE ORIGINATOR patents, 19 of which are held by the U.S. Gov- Dave O’B. Martin will be remembered for his CLARIFICATION ACT ernment for his inventions of life support indelible footprint on the North Country, where equipment used by military pilots, astronauts, his efforts led to the revitalization of Fort Drum HON. STEPHEN LEE FINCHER search and rescue personnel, and firefighters. and the reactivation of the Army’s storied light OF TENNESSEE He has served on the Armed Services Com- infantry division, the 10th Mountain Division. It IN THE HOUSE OF REPRESENTATIVES mittee since his first year in Congress and he has been reported that his efforts led to an in- became chairman of the panel’s Air and Land flux of over $1.3 billion to the local economy Thursday, December 20, 2012 Forces Subcommittee for this 112th Congress. to construct the post. Mr. FINCHER. Mr. Speaker, I rise today to DON has served as Chairman of the Small We also submit for the RECORD an article by introduce the Mortgage Originator Clarification Business Committee and long championed the The Watertown Daily Times further noting his Act to clarify the definition of the term mort- cause of America’s chief economic generator, service to the North Country and the nation. gage originator in the Dodd-Frank Wall Street our nation’s small businesses. He also chaired Dave O’B. Martin served with us for six Reform and Consumer Protection Act. the Foreign Affairs Subcommittee on Asia and terms before electing to retire. I support responsible lending policies and the Pacific for this 112th Congress. Before Dave enjoyed history, particularly related to consumer protections throughout the home being elected, DON was an attorney and the the Civil War. He will be remembered for his buying process to provide the best products owner of his own small law firm. friendly demeanor and storytelling ability. and transparency for consumers. However, During our service together history should We offer our heartfelt thoughts and prayers the Dodd-Frank Act was hastily put together record that upon assuming the majority in to Dana and his family. and crammed through Congress. Unintended Congress in 1995, these two individuals [From the Watertown Daily Times, consequences of regulations prescribed in the helped bring about remarkable achievements Nov. 23, 2012] Dodd-Frank Act, if implemented without spe- for our country. They helped craft plans that MARTIN, FORMER NORTH COUNTRY cific consideration of manufactured housing, balanced our federal budget from 1997 to CONGRESSMAN, DIES AT 68 could eliminate housing finance options for 2002 and reformed welfare. They aided our (By Roger Dupuis) families seeking to purchase affordable manu- nation in the aftermath of September 11, David O’Brien Martin’s roots in the north factured homes. 2001. country ran deep. His legacy may run deeper Multiple definitions and standards for mort- Not only have we been fortunate to have still. gage origination, such as those in Section their leadership in Congress they have both, in The former Republican congressman, who 1401 of Dodd-Frank and the Secure and Fair their family life, set examples for the American represented the north country from 1981 to Enforcement for Mortgage Licensing (SAFE) People. By their side ROSCOE’s wife Ellen and 1993, died Tuesday night at his home in Hedgesville, W.Va. He was remembered by Act, are confusing to the manufactured hous- DON’s wife Freda have always aided their hus- band’s efforts and supported their Congres- friends and colleagues for his commitment ing industry, consumers interested in buying to serving the region, perhaps best exempli- manufactured homes, and regulators. In addi- sional Districts. ROSCO has ten children, 18 fied by his efforts to bring the 10th Mountain tion, the definition outlined in the Dodd-Frank grandchildren, and two great grandchildren. Division to Fort Drum in the 1980s. Act may create unintended regulatory and DON’s children are Neil, Noel, and Katie. ‘‘For those of us in the north country, his compliance risks. The current definition of As these two friends and most accom- work truly changed our lives,’’ said Sec- mortgage originator is based on traditional plished members of Congress depart, I know retary of the Army John M. McHugh—who, like Mr. Martin, formerly represented the re- mortgage market roles and does not consider that my colleagues wish them well and God Speed. gion in Congress. the unique lending model of the manufactured Mr. Martin, 68, was with his family and housing market. f under hospice care when he died, said Steven I’m introducing the Mortgage Originator IN MEMORIAL OF CONGRESSMAN M. Cary of O’Leary Funeral Service in Can- Clarification Act to provide clarity in the resi- DAVID O’BRIEN MARTIN OF NEW ton. The cause of death was not disclosed. dential mortgage market with a clear and con- YORK Services are scheduled for next week in sistent standard recognizing the unique activi- West Virginia, followed by calling hours Dec. ties of the manufactured home sales process. 3 at O’Leary, 5821 Route 11, Mr. Cary said. HON. FRANK R. WOLF Mass will be said Dec. 4 at St. Mary’s-Catho- This bill will further clarify the definition of OF VIRGINIA lic Church, 66 Court St., Canton. Burial plans mortgage originator so that manufactured IN THE HOUSE OF REPRESENTATIVES were not finalized as of Thursday evening, he homes will remain an available housing option Thursday, December 20, 2012 said. for Americans across the nation. Mr. Martin served in Vietnam, and was a f Mr. WOLF. Mr. Speaker, my colleague from commissioned officer in the U.S. Marine Kentucky, Mr. ROGERS, and I share the sad Corps. A graduate of the University of Notre RECOGNIZING THE HONORABLE news of the passing of our colleague, David Dame, he resumed his studies upon returning ROSCOE BARTLETT AND THE O’Brien Martin, originally of Canton, New York, to civilian life. He earned a law degree from HONORABLE DON MANZULLO who died with his wife Dana by his side on Albany Law School in 1973, the same year he was elected to the St. Lawrence County FOR THEIR YEARS OF PUBLIC November 20 at his home in Hedgesville, SERVICE Board of Legislators. West Virginia, at the age of 68. Following three years in county govern- Representative Martin is survived by his ment, Mr. Martin rose quickly, serving in HON. JOHN L. MICA children, Victoria (Duskas), Kelly (Bridges) and the state Assembly from 1977 until the end of OF FLORIDA Julia (Bassett); two grandchildren, Jacqueline 1980, the year he was elected to the first of IN THE HOUSE OF REPRESENTATIVES Victoria and William O’Brien; a stepson Mi- six terms in the U.S. House of Representa- chael McGee, a stepdaughter Kimberly Travis tives. Thursday, December 20, 2012 and, shared with his wife, eleven grand- It was just four years later, at the Water- town American Legion post, that Mr. Martin Mr. MICA. Mr. Speaker, I rise to pay tribute children and a great-granddaughter. He is also to two of my Republican colleagues who were broke the news that the storied light infan- survived by several nieces and nephews. try division would be reactivated in North- elected in 1992. It has been my honor to Congressman Martin, who was a commis- ern New York. serve with both ROSCOE BARTLETT and DON sioned officer in the Marine Corps and served ‘‘His incredible effort to revitalize Fort MANZULLO for the past two decades. I am in Vietnam, will be interned at Arlington Na- Drum and bring the 10th Mountain Division pleased today, to recognize their outstanding tional Cemetery on January 4, 2013. to our doorstep brought renewed sense of vi- service to our nation. ROSCOE BARTLETT has We had the honor of being elected to Con- tality and purpose to the region,’’ Mr. represented Maryland’s 6th District and DON gress with Dave in 1980 as part of the McHugh said Wednesday. More than $1.3 billion was spent on con- MANZULLO Illinois’s 16th District. Reagan wave. He served on the Permanent These two classmates have distinguished Select Committee on Intelligence and on the struction on the post from 1985 to 1993, dur- ing Mr. Martin’s tenure in Washington, ac- records of service. ROSCO earned his PHD in Armed Services Committee, where he was the cording to a 2006 Times article. physiology from The University of Maryland senior Republican on the Military Installations ‘‘He probably did more for the north coun- and spent 20 years as a scientist and engi- Subcommittee and vice chair of the Morale, try than anyone has,’’ said former Repub- neer for the military and NASA. He has 20 Welfare and Recreational Panel. lican state Sen. H. Douglas Barclay, Pulaski.

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0689 Sfmt 0634 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18182 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 December 21, 2012 ‘‘It’s a sad day for the north country. He was gations, Mr. Sumida uncovered the location of are among the many reasons why I introduced a great guy, a great friend and a wonderful enemy troops as well as their plans for attack. H.R. 440, bipartisan legislation that would re- public servant, both in the Assembly and in The work accomplished by American inter- quire the State Department to appoint a spe- Congress.’’ While in Congress, Mr. Martin was a mem- preters was such a valuable asset to military cial envoy to advocate for religious minorities. ber of the Committee on Armed Services for intelligence during World War II that President More than a year has passed since the 10 years, serving as senior Republican mem- Truman credited them with ending the war two House of Representatives overwhelmingly ber of the Military Installations Sub- years prior to the expected end date. passed this legislation yet, today, both this bill committee and vice chairman of the Morale, Mr. Sumida currently resides in my home- and its Senate companion, S. 1245 are both Welfare and Recreational Panel, overseeing town of Beavercreek, OH with his wife, Patri- languishing in the Senate. This is deeply dis- military commissaries, exchanges and re- cia Sumida. It is with great pride along with appointing. Even more disappointing is the lated activities. He also served on the House Ohio’s Seventh Congressional district that I fact that the State Department has urged Sen- Permanent Select Committee on Intel- honor Michael T. Sumida for his service to our ator JIM WEBB to oppose this bipartisan legis- ligence. While Mr. Martin’s commitment to the na- nation. lation and put a hold on it in the Senate. tion and the region loom large, so do the f Time is running out—both in terms of the contributions he and his family made to St. legislative calendar for this year and in terms Lawrence County. His father, Edson A. Mar- BUCK RAMBO INDUCTED INTO THE of the survival of these communities. Will a tin, donated the land for SUNY Canton in SOUTHERN GOSPEL MUSIC ASSO- special envoy guarantee these communities’ the early 1960s. The younger Mr. Martin’s CIATION’S HALL OF FAME protection in the lands they have inhabited for longtime advocacy was honored by the col- centuries? No one can predict for sure. But I lege in 2006 with an honorary doctorate of am certain that to do nothing is not an op- laws. HON. MARSHA BLACKBURN ‘‘Congressman Martin was a wonderful sup- OF TENNESSEE tion—lest on the State Department’s and Con- porter of SUNY Canton and the north coun- IN THE HOUSE OF REPRESENTATIVES gress’ watch we witness a Middle East empty of faith communities, foremost among them try,’’ Interim SUNY Canton President Carli Thursday, December 20, 2012 C. Schiffner said Wednesday. ‘‘He assisted the beleaguered Christian community. the college in many ways throughout his ca- Mrs. BLACKBURN. Mr. Speaker, music is in Here is the text of my recent speech: reer, and he dedicated much of his life to fur- the very fiber of our being, and we are proud Just one year ago my good friend, the late thering the development of Fort Drum, our to continually showcase the sounds that call Chuck Colson was given [the Edwin Meese schools and our communities.’’ Tennessee ‘‘home.’’ I rise today to honor one Award for Religious Liberty] award for his There was life after Congress for Mr. Mar- of Tennessee’s great sounds as he is inducted tireless efforts to promote religious liberty tin. After deciding not to run in 1992, Mr. and human dignity. His prophetic voice is Martin became a professor at the Naval War into the Southern Gospel Music Association’s Hall of Fame. sorely missed during these trying times for College in Newport, R.I., and later an execu- our country. For these are indeed trying tive with soft-drink trade groups. He founded Buck Rambo started a Gospel singing group times—times that demand men and women a government affairs, consulting and mar- in 1960 and quickly set the world ablaze with of faith to steel themselves for the chal- keting firm in 2000. great harmonies. It would become The Singing lenges ahead. Are we prepared to do so? It was in that role that then-SUNY Canton Rambos and the group would release over 70 I take inspiration from the German Lu- president Joseph L. Kennedy observed Mr. projects, making them a household name in theran pastor Dietrich Bonhoeffer who, faced Martin’s clout and camaraderie first hand America, Central America, the Bahamas, and with the tyranny and horror of Nazism gave during a visit to Washington. Europe. Adding to their bright career, Buck led his very life. And the British parliamen- ‘‘He was just known by everybody. He tarian William Wilberforce, who labored for could walk us through security without the group to television where they were cen- decades, against seemingly insurmountable waiting in line,’’ said Mr. Kennedy, who tral to the early beginnings of many faith- odds, to abolish the slave trade in England— stepped down this fall after 19 years in the based stations. The Singing Rambos enter- ultimately inspiring abolitionist efforts in post. ‘‘I admired his spunk.’’ tained troops at Strategic Air Command America. These are just some of the giants SUNY Potsdam also had cause to mourn Bases, in Vietnam, and in several European on whose shoulders we stand. the former congressman, and to celebrate his military posts. Having hung up his travel hat, Ecclesiastes 4:1 says, ‘‘I saw the tears of accomplishments. Mr. Martin’s papers are Buck now leads a life of service to his faith, the oppressed, and they have no comforter; held in the college archives, ‘‘so that all can his family, and his community. power was on the side of the oppressor.’’ Op- remember and learn from his life’s work,’’ pression has marked the church since its SUNY Potsdam President John F. Schwaller The very rhythm of our culture, Gospel birth. Consider the chilling words of Roman said. music lifts and carries us through our darkest historian Tacitus regarding the early Times staff writer Brian Kelly contributed moments to our brightest days. The sounds of church: to this report. The Singing Rambos are deeper than the ‘‘Besides being put to death they were f notes on a page: they are hummed into our made to serve as objects of amusement; they souls. I ask my colleagues to join with me in were clad in the hides of beasts and torn to HONORING MICHAEL T. SUMIDA congratulating Buck Rambo on his induction to death by dogs; others were crucified, others the Southern Gospel Music Association’s Hall set on fire to serve to illuminate the night when daylight failed—. . . .’’ HON. STEVE AUSTRIA of Fame. Are such trials reserved for the history OF OHIO f books? Hardly. Every day, around the world, IN THE HOUSE OF REPRESENTATIVES men and women of faith are imprisoned, SPEECH ON DETERIORATING SITU- beaten, detained, tortured and even killed. Thursday, December 20, 2012 ATION IN THE MIDDLE EAST And yet such stories receive scant attention Mr. AUSTRIA. Mr. Speaker, I rise today to PARTICULARLY FOR RELIGIOUS in the mainstream media—and perhaps more congratulate and honor Michael T. Sumida, re- MINORITIES strikingly, are rarely spoken of from our pul- cent recipient of the Congressional Gold pits. The book of Hebrews enjoins us to ‘‘Re- Medal. member those in prison as if you were their HON. FRANK R. WOLF fellow prisoners, and those who are mis- It is an honor to join the people of Ohio’s OF VIRGINIA treated as if you yourselves were suffering.’’ Seventh Congressional District in recognizing IN THE HOUSE OF REPRESENTATIVES Do we suffer with our brethren? Have we in Mr. Michael Sumida, whose patriotic work as the West ceased to be salt and light? Has our a Japanese interpreter provided our military Thursday, December 20, 2012 comfort led to complacency? Consider that with invaluable intelligence and helped bring Mr. WOLF. Mr. Speaker, I rise today to on our watch a historic exodus of Christians an end to World War II. As a Japanese Amer- share a speech I recently gave on the deterio- from the Middle East is underway—an exo- ican living in Hawaii, Mr. Sumida courageously rating situation in the Middle East particularly dus fueled by persecution. A phrase not often heard outside the ma- volunteered his talents to assist the United for religious minorities. Increasing violence, jority Muslim world is ‘‘First the Saturday States military in defeating the Japanese. In targeted attacks and heightened discrimination people, then the Sunday people.’’ The ‘‘Sat- the face of racism, Mr. Sumida excelled in ac- against Christians and other religious minori- urday people’’ are of course the Jews. Their quiring critical enemy intelligence by ques- ties in Iraq and Egypt, combined with long- once vibrant communities in countries tioning Japanese prisoners. During his interro- standing abuses in Afghanistan and Pakistan, throughout the region are now decimated. In

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0689 Sfmt 0634 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 18183 1948 there were roughly 150,000 Jews in Iraq— ber not the words of our enemies, but the si- bringing this vision to fruition, and under his today less than 10 remain. In Egypt, there lence of our friends.’’ Are we not their leadership, the Pensacola retirement commu- were once as many as 80,000 Jews and now friends? nity, Azalea Trace, opened in 1980. Today, it less than 100 remain. America’s Founding Fathers grounded our It appears a similar fate could befall the own experiment in self-governance in the no- remains a first-class and well-respected adult ancient Christian community in these same tion that liberty comes from God and that retirement community. lands. Iraq’s Christian population has fallen all human life is sacred. As part of this equa- In addition to his leadership in the American from as many as 1.4 million in 2003 to be- tion, religious freedom was the ‘‘first free- Hospital Association, the Southeastern Hos- tween 500,000 and 700,000. Churches have been dom.’’ The ideas set forth in Philadelphia on pital Conference, and the American College of targeted, believers kidnapped for ransom, that hot summer day were simultaneously Healthcare Executives, Mr. Groner was co- families threatened with violence if they ancient and revolutionary—they are ground- founder and president of the Hospital Re- stay. This reality is all the more sobering ed in historic Judeo-Christian teachings. search and Development Institute, co-founder Nearly 25 years ago these very ideas were a considering Iraq’s significance in Chris- of the Voluntary Hospitals of America, Vice- tendom. With the exception of Israel, the source of inspiration to the democracy Bible contains more references to the cities, marchers in Tiananmen Square. Ronald President and Treasurer of Multi-Hospital In- regions and nations of ancient Iraq than any Reagan famously spoke of our founding doc- surance Group, and long-time board member other country. The patriarch Abraham came uments as a covenant we made with the for Blue Cross-Blue Shield of Florida. Outside from a city in Iraq called Ur. Isaac’s bride, world—a promise that transcended time and of his contributions the health care profession, Rebekah, came from northwest Iraq. Jacob place. I fear that covenant is in jeopardy. Mr. Groner had an unwavering commitment to spent 20 years in Iraq and his sons (the 12 America’s influence is waning. Our once serve his community through the March of tribes of Israel) were born in northwest Iraq. ‘‘shining city’’ appears dim. And we have lost our voice on behalf of the oppressed. And Dimes, YMCA, Community Mental Health A remarkable spiritual revival as told in the Center, Pensacola Rotary Club, Action 76 book of Jonah occurred in Nineveh. The yet, dissidents still seek refuge in our embas- events of the book of Esther took place in sies, the persecuted seek safe haven on our Taskforce on Higher Education, Fiesta of Five Iraq as did the account of Daniel in the shores. To them the promise of American Flags, and various United Fund organizations. Lion’s Den. Furthermore, many of Iraq’s exceptionalism is no mere philosophical de- Mr. Groner also had a special interest in edu- Christians still speak Aramaics the language bate; it is the difference between life and cation and the State university system, where of Jesus. death. They cling to the promise even as our he served as a member of the Florida Board In Egypt with the ascent of the Muslim own leaders have abandoned it. And so, seek- of Regents. Brotherhood, Coptic Christians, numbering ing to preserve that covenant that Reagan envisioned, it falls to men and women of Mr. Groner’s contributions to healthcare and roughly 8–10 million, are leaving in droves. the Northwest Florida community are exempli- And the Middle East is far from being the ex- faith to carry the torch—to pray, to advo- ception. Persecution is on the rise. The cate, to act. fied by the copious honors and awards be- International Day of Prayer for the Per- f stowed on him. Among his many honors, Mr. secuted Church was earlier this month. Groner was inducted into the Health Care Hall Given the picture I just painted, one would HONORING THE LIFE AND SERVICE of Fame by the American College of Health think the church in the West would be galva- OF MR. PAT NEFF GRONER Care Executives. He was also awarded the nized. But how many churches marked this Kiwanis Man of the Year Award, Pensacola occasion with even a passing mention? If the HON. JEFF MILLER Junior Chamber of Commerce Good Govern- faith community isn’t engaged are we sur- ment Award, Pensacola Chamber of Com- prised when our government leaders turn a OF FLORIDA blind eye to matters of religious freedom? IN THE HOUSE OF REPRESENTATIVES merce Pioneer Award, Freedom Foundation Consider the following: Bipartisan legisla- Thursday, December 20, 2012 George Washington Medal, and Liberty Bell tion to create a Special Envoy position at Award. the State Department charged with advo- Mr. MILLER of Florida. Mr. Speaker, Mr. There is no question that in his 33 year ca- cating on behalf of religious minorities in Groner’s roots trace back to Marshall, Texas, reer as CEO and his many years serving our the Middle East and South Central Asia where he was the youngest of five siblings. He community, Mr. Groner has made an ever- overwhelmingly passed the House a year and attended the College of Marshall and grad- lasting impact on Northwest Florida and on the a half ago. But it has remained stalled in the uated from Baylor University. He then joined health care profession. To some, Mr. Groner Senate as a result of State Department oppo- the United States Marine Corps, and while will be remembered as courageous pilot who sition and the refusal of Senate Foreign Re- stationed in Vermont, he met his wife Louise, lations Committee Chairman John Kerry, ru- answered the call of duty during one of our mored to be in the running for Secretary of or as Mr. Groner proclaimed ‘‘the prettiest girl nation’s most trying times or as pilot of the State or Defense, to even hold a hearing on in Vermont’’. Shortly after their marriage, Mr. Piper Twin Commanche, Poppa Golf that he the legislation. Groner served with honor and distinction as a flew with his son and frequent co-pilot, Chip; Day in, day out I have the privilege of pilot in the South Pacific Theatre during World to others, he will be remembered for his con- meeting individuals who boldly follow Jesus War II. Upon his return, Mr. Groner joined the tributions to the health care industry; and to despite unbelievably hostile circumstances. Vermont Air National Guard and interned at a his family, he will be remembered as a man Shabbaz Bhatti, Pakistan’s Federal Minister Vermont hospital. As a boy, Mr. Groner’s fa- devoted to his faith and a loving husband, fa- for Minority Affairs, and the only Christian ther instilled in him the belief that health care Member of the cabinet and an outspoken ther, grandfather, and great-grandfather. critic of his country’s blasphemy laws, was is a profession closely connected with faith, Northwest Florida mourns the loss of a one such man. On March 2, 2011 he was mur- and in addition to his passion for flying, his great man, and Mr. Groner’s contributions and dered, his car riddled with bullets, leaving care for others and faith in God never faded. service to the community and this great nation his mother’s house for work. In a video When Baptist Hospital in Pensacola, Florida will not be forgotten. Mr. Speaker, on behalf of filmed shortly before his assassination, was in need of leadership, Pat Groner an- the United States Congress, I am privileged to Bhatti appears to sense that the path he has swered the call, and, along with his wife and honor the exemplary life of Mr. Pat Neff chosen will come with a price. their daughter Jodee, moved to Florida. As Groner. My wife Vicki and I offer our prayers When asked about the threats against his CEO of Baptist Healthcare, Mr. Groner imple- life, he said, without malice or fear, ‘‘I be- to Louise, Jodee, Chip, and their entire family. lieve in Jesus Christ who has given his own mented numerous programs that are now He will be truly missed by all. life for us. I know what is the meaning of standard operating procedure in hospitals f [the] cross. And I am following the cross. across the country. Baptist Hospital had the And I am ready to die for a cause.’’ And so first post-operative recovery room in Florida PERSONAL EXPLANATION he did. and was one of the first hospitals in the nation The book of Proverbs tells us to ‘‘Speak up to have an intensive coronary care unit, an HON. RON BARBER for those who cannot speak for themselves. outpatient surgical care unit, and Life Flight. OF ARIZONA . . .’’ Bhatti can no longer speak. The Chi- During his time at Baptist, Mr. Groner also en- nese bishop under house arrest cannot speak. IN THE HOUSE OF REPRESENTATIVES visioned a place where seniors could enjoy The North Korean enslaved in the gulag can- Thursday, December 20, 2012 not speak. The Iraqi nun fearing for her life the advantages of a resort lifestyle coupled cannot speak. with quality amenities, services, and health Mr. BARBER. Mr. Speaker, due to my at- Will we be their voice? Martin Luther King care and the perfect location. Despite working tending a congressional vigil for the victims of famously said, ‘‘In the end, we will remem- full-time as CEO, Mr. Groner was dedicated to the shooting at Sandy Hook Elementary, I

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18184 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 December 21, 2012 missed one recorded vote on Monday, De- Iraq, most recently completing a 2009 deploy- dedication and commitment to public service cember 17. I would like the RECORD to indi- ment to Afghanistan. While deployed, Dr. necessary to ensure that the Clerk of Court cate at this point how I would have voted had Henry made every effort to videoconference in continued to serve the people of Santa Rosa I been present for this vote. to City Council meetings, so he would not County. All of Santa Rosa County thanks her On rollcall No. 627, H.R. 4606, I would have miss a minute of discussion in his hometown. for her tremendous service to her community. voted ‘‘yea’’ to authorize the Secretary of the Dr. Henry has served in the United States mili- During her retirement, Mrs. Johnson hopes to Interior to issue right-of-way permits for natural tary in every conflict since the Vietnam War, a spend as much time as possible with her two gas pipelines within the boundary of Glacier truly remarkable feat. lovely grandchildren and to spend more time National Park in Montana. Still a councilman, Dr. Henry continues his volunteering at her local church. f service to the people of the W.G. (Bill) Hefner Mr. Speaker, on behalf of the United States V.A. Medical Clinic in Salisbury, North Caro- Congress, I am privileged to recognize Mary HONORING ROBIN J. COPELAND lina, named in honor of our former colleague M. Johnson for her outstanding public service of this very chamber, Rep. Bill Hefner. Dr. to Santa Rosa County. Mrs. Johnson is a truly HON. ED WHITFIELD Henry works as a surgeon, treating many of committed public servant and has played an OF KENTUCKY the veterans that call our district home, and integral role in Northwest Florida’s community IN THE HOUSE OF REPRESENTATIVES continuing his lifelong service of helping his for more than 50 years. My wife Vicki and I wish her all the best in her retirement. Thursday, December 20, 2012 fellow soldier, and his community. I’m proud to call Hector a friend and a role f Mr. WHITFIELD. Mr. Speaker, I rise today model. I sincerely thank Dr. Henry for his tire- HONORING THE LIFE OF JACK to recognize Robin J. Copeland, who passed less devotion to making the city of Concord, BRESCH away on October 30, 2011 at the young age and our nation, a better place. of 46. Mr. Speaker, it is with great admiration and Robin had roots in West Texas and had a respect that I rise today to speak of the life- HON. FORTNEY PETE STARK OF CALIFORNIA distinguished career in international diplomacy, time of public service that Dr. Hector Henry IN THE HOUSE OF REPRESENTATIVES non-proliferation, and scientific engagement. has led in our great state. I urge my col- Her work with the United States Department of leagues to join me in commending Dr. Henry Thursday, December 20, 2012 Energy, Department of State, the Civilian Re- for his service, sacrifice, and ongoing commit- Mr. STARK. Mr. Speaker, I am writing to search Development Foundation, and liaisons ment to this great nation. honor the life of John ‘‘Jack’’ Edward Bresch, with U.S. Embassies worldwide was carried f a long time health advocate who worked with out under difficult and demanding conditions. us in Congress to improve our health care Her responsibilities required skills in political RECOGNIZING THE SERVICE OF system—especially focusing on access to care science, technical science, and engineering MARY M. JOHNSON UPON HER for lower income children and families. Jack and she was fluent in seven languages. RETIREMENT FROM SERVICE AS passed away on September 1, 2012 sur- She was an expert in non-proliferation and SANTA ROSA COUNTY, FLORIDA rounded by family, under the care of hospice, contributed in significant ways to the reduction CLERK OF CIRCUIT COURT after a brief and courageous battle with pan- of nuclear weapons in Russia and Libya. In creatic cancer. addition to her work on non-proliferation, she HON. JEFF MILLER I first got to know Jack through his work as also implemented a program that trained Rus- OF FLORIDA a lead lobbyist for the Catholic Health Asso- sian doctors with U.S. doctors in Africa to treat IN THE HOUSE OF REPRESENTATIVES ciation. He served as a key component of and care for those with HIV/AIDS. CHA’s government affairs team from 1983 to Thursday, December 20, 2012 Texas Tech University has established the 2000. A highlight of his time at CHA was to Robin J. Copeland Scholarship to be awarded Mr. MILLER of Florida. Mr. Speaker, I rise work closely with then First Lady Hillary to undergraduates, graduate, or law students today to recognize Mary M. Johnson on the Rodham Clinton and her White House team to who enroll in the following academic programs occasion of her retirement from service as develop and promote a plan for reforming the of study: 1. Political Science or international Santa Rosa County, Florida Clerk of Circuit nation’s health care system. He then went on law in a supporting area of science or engi- Court. to work for the American Dental Education As- neering; 2. Science and engineering with aux- Mrs. Johnson is a native Northwest Floridian sociation until the time of his death. iliary emphasis in political science or inter- who studied at Harold School and Milton High In both of these positions, Jack was a tire- national law or; 3. Programs that demonstrate School in Santa Rosa County, Florida. In less advocate for improving our health care compelling evidence for application to science 1960, while still a student at Milton High, Mrs. system so that everyone has access to afford- and international diplomacy. Johnson was hired to work in the Clerk of able, quality health care. With the dental Robin was a talented and unique young Court office. After graduating from high school schools, he was especially focused on improv- lady who served her nation well. She was a in 1961, Mrs. Johnson joined the clerk’s office ing access to dental care for low-income chil- success in life, because she made a gift of her full time. While working there, Mrs. Johnson dren. This is a serious problem in our country life. married her husband, Tom, and together they that was spotlighted by the wrongful death of f raised their daughter, Lorinda. twelve-year old Demonte Driver of Maryland. Thanks to Mrs. Johnson’s acumen and work Demonte was on Medicaid and died after IN HONOR OF DR. HECTOR HENRY ethic, she rose through the ranks and quickly complaining of a toothache when his mother became an integral part of the Santa Rosa could not find a dentist who would accept HON. LARRY KISSELL County Clerk of Court office. Mrs. Johnson Medicaid to treat him. While they tried to find OF NORTH CAROLINA served in various capacities for three separate a dentist, his infection spread to his brain and IN THE HOUSE OF REPRESENTATIVES clerks of court, before being elected as Clerk he tragically died. Jack didn’t want any more herself in 1994. Demonte Drivers and he worked relentlessly Thursday, December 20, 2012 Technology had changed many things at the for improvements in Medicaid to prevent this Mr. KISSELL. Mr. Speaker, I rise today to clerk’s office by the time Mrs. Johnson de- from happening again. He first helped make honor a true, dedicated leader in my state and cided to run; however, Mrs. Johnson’s vast some incremental improvements to the law, in my community, Dr. Hector Henry of Con- knowledge of procedure and her ability to lead but was most pleased when the Affordable cord, NC. Dr. Henry has served our nation as and manage a large staff of 125 individuals Care Act became the law of the land—and a Colonel in the United States military, and was unquestioned. The Clerk of Courts plays was upheld by the Supreme Court. has served as a member of the Concord City a vital role in county government, and it takes Looking forward, affordable, quality health Council for more than 20 years. a truly committed and capable individual to care will finally be a reality for all American Dr. Henry proudly served our nation for dec- lead the department and ensure that every- families. And, thanks in no small part to Jack’s ades, and came out of retirement following the thing runs smoothly. For 18 years as Clerk of efforts, pediatric dental care is an essential attacks of September 11, 2001. He was de- Circuit Court, and 52 total years in the clerk’s health benefit that must be covered by quali- ployed for combat in both Afghanistan and office, Mrs. Johnson displayed the hard work, fied health plans.

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 18185 Jack and I shared a fundamental commit- PERSONAL EXPLANATION came a Walton County Circuit Judge in ment to social justice, though I must admit that DeFuniak Springs, Florida. In 1996 Judge the roots of our commitment developed dif- HON. JACKIE SPEIER Remington was elected Circuit Judge for ferently. Jack began his adult life as a Catholic OF CALIFORNIA Okaloosa County and has held that position priest and went on to serve as a Navy Chap- IN THE HOUSE OF REPRESENTATIVES since then, even serving as Chairman of the lain during the Vietnam War. He left the priest- Okaloosa County Judicial Task Force in 1997. hood many years ago, but he never wavered Thursday, December 20, 2012 Without question, Judge Remington’s posi- from his steadfast belief in social justice. He Ms. SPEIER. Mr. Speaker, I mistakenly tive contributions to Northwest Florida and to carried that forward in his career, his life, and voted ‘‘no’’ on the Motion to Recommit on our nation have been immense, and his mark his relationships. H.R. 6684, the Spending Reduction Act of on the judicial landscape will remain for years Jack was a common figure to see barge into 2012. I support the Motion to Recommit, which to come. your office, join a meeting, or run into in the would require that, within 30 days of the en- Mr. Speaker, on behalf of the United States hall. He always had a big smile on his face. actment of the bill, the Secretary of Health and Congress, it gives me great pride to congratu- If I had to use one word to describe Jack, it Human Services publish on the Internet infor- late Judge Thomas T. Remington on his retire- would be gregarious. He seemed larger than mation regarding raised beneficiary costs and ment and thank him for his service. My wife life and was so full of positive energy. provider cuts to Medicare, Medicaid, and the Vicki joins me in wishing Judge Remington; Jack leaves behind a loving family that in- Children’s Health Insurance Program (CHIP) his wife, Dinah Smith; their children, Scott A. cludes his wife, JoAnn; his children, Mary Eliz- for each Congressional district in the United Remington, Mary Remington Williams, and abeth, James Richard, and Jeffrey John; and States. The Motion would also prohibit the Sara (Betsy) E. Hart; as well as their nine 10 grandchildren who all knew how much their major integrated oil companies from claiming grandchildren, all the best. grandfather loved them. He also leaves behind certain tax benefits: the domestic production f many colleagues and friends who are grateful activities deduction, ‘‘Last-in, First-out’’ ac- to his commitment to our nation’s health and counting, and the intangible drilling and devel- CORRESPONDENCE REGARDING who will miss him dearly. opment cost deduction. AFGHANISTAN/PAKISTAN STUDY GROUPS Jack’s final honor will be buried with full mili- f tary honors at Arlington National Cemetery on January 24, 2013. RECOGNIZING THE HONORABLE HON. FRANK R. WOLF THOMAS T. REMINGTON UPON f OF VIRGINIA HIS RETIREMENT FROM SERVICE IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO TOBY L. FOOTER AS OKALOOSA COUNTY, FLORIDA CIRCUIT JUDGE Friday, December 21, 2012 HON. CORRINE BROWN Mr. WOLF. Mr. Speaker, yesterday I sub- OF FLORIDA HON. JEFF MILLER mitted for the RECORD extensive correspond- IN THE HOUSE OF REPRESENTATIVES OF FLORIDA ence I have had with the Obama Administra- tion regarding the importance of creating the Thursday, December 20, 2012 IN THE HOUSE OF REPRESENTATIVES bipartisan Afghanistan/Pakistan Study Group Friday, December 21, 2012 Ms. BROWN of Florida. Mr. Speaker, I rise (APSG). Today I submit for the RECORD the today in remembrance of Toby L. Footer Mr. MILLER of Florida. Mr. Speaker, I am remaining correspondence I have had from (Meckler) who at the age of 70, passed away honored to congratulate Judge Thomas T. October 3, 2011 to December 13, 2012. The on Friday, Dec. 14, 2012 after a lengthy ill- Remington upon his retirement after sixteen very fact that President Obama and Secretary ness. She is survived by her husband Ron years as Okaloosa County Circuit Judge. Panetta will not create the APSG is a dis- Footer, son Lee Footer and daughter-in-law Judge Remington’s career in public service grace. Brenda Footer, daughter Alyson Footer, Broth- began in 1966 with his commissioning as a CONGRESS OF THE UNITED STATES, er Bill Meckler and sister-in-law Jeanne Van second lieutenant in the United States Army. HOUSE OF REPRESENTATIVES, Atta, sister-in-law Sandi Brecher, grand- In 1967, he served in Vietnam as an infantry Washington, DC, October 3, 2011. daughter Naomi Footer and many other family platoon leader with A Company, 2nd Battalion, Hon. LEON PANETTA, Secretary of Defense, and friends. Born in Cleveland, Ohio on May 503rd Infantry Regiment (Airborne), 173rd Air- Washington, DC. 2, 1942 to Lou and Naomi Meckler, Toby borne Brigade. His military badges and deco- DEAR SECRETARY PANETTA, I am dis- graduated from Ohio State University and rations include the Combat Infantry Badge, the appointed that your staff was unable to meet worked as a teacher, a dietician and later as Silver Star, two Bronze Stars with Combat with Ambassador Peter Tomsen to discuss a copy editor and writer at the Dayton Jewish Distinguishing Devices, and two Purple his book on Afghanistan and Pakistan. While Chronicle. She wrote a semi-regular column, Hearts. I understand that both you and Mr. Tomsen ‘‘Footnotes,’’ that gave humorous accounts of After his honorable discharge from the have busy schedules, I fear you and your family life and raising kids in the 1980s. For Army, Judge Remington served as Assistant staff may be missing pertinent information and insight that could help devise a success- 12 years, she traveled with Ron to help with Public Defender for the First Judicial Circuit of ful strategy in South Asia. his business as a sales representative, a pe- Florida. In 1971, after being admitted to prac- You only need to read the headlines to see riod of time both consider the happiest of their tice in all State and Federal Courts, he served the erosion in our relationship with the Pak- lives. Toby was a fantastic cook and a tal- as Assistant Public Defender for the First Judi- istani military and intelligence services. Re- ented writer and craftswoman. She loved to cial Circuit of Florida. His success in that role cent comments from retiring chairman of laugh and her greatest joy was her family, to earned him the position of Assistant State At- the Joint Chiefs Admiral Mullen have de- whom she devoted her life. torney for the First Judicial Circuit of Florida. scribed how the Pakistani military and Inter In lieu of flowers, contributions can be made In 1973, he became a partner in the law firm Service Intelligence agency actively cooper- ate with two of the most deadly terror net- in Toby’s memory to the Cutaneous Smith, Grimsley & Remington, P.A. in Fort works sowing the seeds of destruction and Lymphoma Foundation (PO Box 374, Bir- Walton Beach, Florida. In 1976, he was ap- chaos in Afghanistan. Ambassador Tomsen’s mingham, MI 48012 or www.clfoundation.org) pointed Acting State Attorney to conduct a book, The Wars of Afghanistan provides de- or Foundation Fighting Blindness (P.O. Box special grand jury investigation. tailed information on the tribal structures 17279 Baltimore, MD 21297–0495 or From 1977 to 1992, Judge Remington be- and the realities of Pakistani involvement www.blindness.org). The family wishes to longed to the Association of Trial Lawyers of with terrorist groups. I sincerely hope that thank M.D. Anderson, The Ohio State James America and the Academy of Florida Trial you and your staff will read his book. Cancer Hospital and Gem City Home Care for Lawyers. From 1980 to 1984, he served on I have also enclosed a column Mr. Tomsen wrote for the most recent edition of World their kindness and assistance. the First Judicial Circuit Trial Court Nominating Policy Journal. I hope you and your staff We are all saddened by the loss of her Commission, and from 1988 to 1990, he will find the piece informative. presence in this life, but joyful that she is no served as Chairman of the First Judicial Cir- The situation in Afghanistan and Pakistan longer in pain and suffering. My thoughts and cuit Grievance Committee. Judge Remington’s grows more dire nearly every day. I again prayers go to her family in this time of grief. career as a judge began in 1993, when he be- ask that you use your authority to create

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18186 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 December 21, 2012 the Af/Pak Study Group. We owe nothing the American people and I feel the same sen- them—to have the best possible long-term less to the men and women making the ulti- timent will soon permeate the halls of Con- strategy for success. mate sacrifice to ensure that we have a long- gress. If the president has simply decided Best wishes. term strategy for success in the region. that U.S. involvement will end in 2014 and Sincerely, Best wishes. that no further U.S. strategy is needed, he FRANK R. WOLF, Sincerely, should clearly state that this is his policy Member of Congress. FRANK R. WOLF, and be forthcoming with the American peo- P.S. I know you care deeply about our Member of Congress. ple. If President Obama has not made a final service members serving overseas and that determination on U.S. strategy going for- you and your team are doing what you think CONGRESS OF THE UNITED STATES, ward, I ask again, what harm can come from is best for our country. But I believe any ob- HOUSE OF REPRESENTATIVES, a group of independent experts using their jective observer would agree we need fresh Washington, DC, January 17, 2012. experience to offer solutions for long-term eyes on the target. Hon. LEON PANETTA, success? Secretary of Defense, Washington DC. Following 9/11, I have supported U.S. mili- CONGRESS OF THE UNITED STATES, DEAR SECRETARY PANETTA, As I am sure tary actions in the War on Terror. I want to HOUSE OF REPRESENTATIVES, you are aware, the Consolidated Appropria- see our soldiers, diplomats and Foreign Serv- Washington, DC, August 17, 2012. tions Act of 2012 contains language providing ice personnel return home with their heads Hon. LEON PANETTA, your office with $1 million to assemble the held high, knowing they all played a crucial Secretary of Defense, Afghanistan/Pakistan (Af/Pak) Study Group. role in establishing stability in South Asia Washington, DC. I request that you do so immediately. where countries no longer pose a threat to DEAR SECRETARY PANETTA, I received the The Los Angeles Times reported last week our national security. I firmly believe that enclosed letter from General Martin (article enclosed) that the most recent Na- you can help ensure this happens by using Dempsey on your behalf. I find it difficult to tional Intelligence Estimate (NIE) paints a the money made available to you to create understand how General Dempsey can write very bleak picture of the war in Afghanistan the Af/Pak Study Group. Establishing this that, ‘‘. . . we have made steady progress in and the future of U.S. operations in that re- panel quickly will show the American people developing Afghan security forces and do not gion. It reflects concerns that I have ex- that the Obama Administration is willing to support diverting resources to establish the pressed in numerous letters to you over consider all possible options to achieve suc- APSG [Afghanistan Pakistan Study Group]’’ time, especially the importance of under- cess in this volatile region. when twice this week we have seen Afghan standing Afghan tribal and political struc- I urge you to take these steps immediately forces murder U.S. troops. On August 14, the tures and the Pakistani military and intel- before support for our mission in Afghani- enclosed Washington Post article detailed ligence services actively cooperating with stan further erodes. the tragic news that three U.S. Marines were two of the most deadly terror networks in Best wishes. gunned down by an Afghan police officer the region. Sincerely, after sharing a meal with him. Just this Given this stark assessment from our own FRANK R. WOLF, morning, The Washington Post reported that intelligence community, the need to create Member of Congress. two more troops were murdered in Farah the Af/Pak Study Group is clear. The Af/Pak Province. News reports indicate that 37 U.S. Study Group’s analysis and recommenda- CONGRESS OF THE UNITED STATES, troops have been murdered by Afghan secu- tions could bring needed clarity to current HOUSE OF REPRESENTATIVES, rity forces in 2012 alone. With all due re- and future U.S. military and diplomatic op- Washington, DC, February 10, 2012. spect, how can you state that Afghan secu- erations. You supported the Iraq Study Hon. LEON PANETTA, rity forces are making, ‘‘steady progress’’ Group and lent your considerable expertise Secretary of Defense, Washington DC. when they continue to gun down our forces? to that effort, so I am perplexed as to why DEAR SECRETARY PANETTA: I am sure you Given these continuing incidents, I am per- you do not similarly support the Af/Pak are aware of the enclosed article by Army plexed at how you can continue to hold the Study Group. Lt. Col. Daniel Davis that recently appeared belief that spending $1 million to study our Your November 3, 2011, letter to me stated in the Armed Forces Journal regarding the strategy in South Asia is ‘‘diverting re- that coalition troops are making progress status of our mission in Afghanistan and the sources.’’ The funding for the APSG was in- against the Taliban and other militants and capabilities of Afghan National Army (ANA) cluded in Public Law 112–74, yet the Obama that progress is being made on our relation- forces. I am deeply troubled by the conclu- Administration has not exercised the author- ship with the Pakistani government and sions reached in Col. Davis’ assessment and ity made available in this law to establish military. I have enormous respect for the believe that it further underscores the im- the panel. As I have reminded the public nu- men and women serving our country in portance of immediately creating the Af- merous times, you served on the Iraq Study South Asia and acknowledge that our troops ghanistan/Pakistan Study Group. Group, which was successful. I do not know are performing their mission with bravery Col. Davis’ piece tracks closely with the if the APSG would achieve similar results, and resolve; however, the NIE appears to latest National Intelligence Estimate’s as- but I simply cannot understand your reasons contradict your assessment. sessment of current and future conditions in for opposing its creation if success is pos- Also enclosed is an article by the Hudson the region which I referenced in my January sible. Institute’s Nina Shea discussing how 17 letter to you (enclosed). These two assess- One of the Marines killed in these recent Hussain Haqqani, the former Pakistani Am- ments, coupled with the February 4 United attacks, Gunnery Sergeant Ryan Jeschke, bassador to the United States is facing pos- Nations report showing that Afghan civilian lived in my congressional district before en- sible charges of treason for his alleged in- casualties are increasing and the 2011 Red listing in the Marines. His death, along with volvement in ‘‘Memogate.’’ Shea asserts, Team study by NATO on fratricide by ANA the other Marines and countless other serv- ‘‘There is every reason to believe that the forces on coalition troops, lend credibility to ice members murdered by Afghan forces, real reason Haqqani is being targeted is that the growing belief that U.S. strategy in highlights the failure of the Obama Adminis- he is a prominent moderate Muslim, one of South Asia is not going well. tration’s strategy to ensure the safety of our the few remaining in Pakistan’s govern- In the interest of the soldiers, sailors, air- own troops, not to mention the safety of the ment.’’ Shea goes on to point out that men and Marines serving—and in many cases Afghan population. I am saddened that an- Haggani was personal friends with two men, dying—in Afghanistan, I implore you to im- other American Marine has given his life for Punjab governor Salman Taseer and Paki- mediately establish the Afghanistan/Paki- a war that the administration is trying its stan’s Federal Minister of Minority Affairs stan Study Group. As I have referenced in best to ignore. I cannot remember the last Shabbaz Bhatti, whose lives were cut trag- previous letters to you, Congress has pro- time President Obama spoke publically ically short last year as a result of their out- vided the funding for this panel and under about his strategy for protecting the Afghan spoken critique of Pakistan’s draconian blas- the law, you can select its members. population from the Taliban and insurgents, phemy laws. While reasonable people can disagree on or responded to murders like that of Ser- Increasingly we see a trend in Pakistan of specific policy options, I find it difficult to geant Jeschke, or provided his definition of moderating voices being marginalized and understand why the Obama Administration long-term success or our ability to achieve altogether silenced. While I appreciate that would not embrace a panel of five Democrats it. you are ‘‘working hard with Pakistan to im- and five Republicans (modeled on the Iraq Leon, our nation is at war and this admin- prove the level of cooperation’’ so that ter- Study Group on which you and former Sec- istration has not made it a priority. Our rorist and militant groups no longer find safe retary Gates served), who love their country fighting forces deserve to know that their haven in the country—I am afraid the com- more than their party, putting their exper- sacrifices are understood and honored. Ser- plexity of the evolving situation in Pakistan tise to work and offering constructive rec- geant Jeschke was on his sixth tour of duty necessitates more. ommendations to achieve our mission. overseas, a reality faced by many troops and The NIE’s assessment could lead to support We owe it to the men and women serving their families. Until this administration for the war in Afghanistan eroding among in uniform—and the families supporting places the appropriate emphasis on the war

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD December 21, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 18187 in Afghanistan and educates Americans transigence given that prominent members Best wishes, about our goals, Marines like Sergeant of your administration served with distinc- Sincerely, Jeschke, his fellow Marines and other U.S. tion on the ISO, including Defense Secretary FRANK R. WOLF, troops will continue to die silently, with Leon Panetta. Member of Congress. only a mention in The Washington Post and Further, in a 2006 interview, you signaled, a folded flag from the commanding officer as a U.S. senator, support for the ISG and its CONGRESS OF THE UNITED STATES, for a grief-stricken family. recommendations. When asked by CBS News HOUSE OF REPRESENTATIVES, Best wishes. reporter Harry Smith whether, if you were Washington, DC, December 13, 2012. Sincerely, president, you would take seriously the Hon. BARACK H. OBAMA, FRANK R. WOLF, group’s recommendations, you answered, The President, The White House, Washington Member of Congress. rather emphatically, ‘‘I would take these DC. P.S. Leon, just yesterday, seven more of recommendations very seriously.’’ And yet, our troops were killed when their helicopter now you are president, and such a group DEAR MR. PRESIDENT: This week, the New crashed in Kandahar Province. It is sad that could have easily been formed, with bipar- York Times reported on the bleak state of you will not use the funds available to you tisan support, and could have offered rec- affairs in Afghanistan. Citing a Pentagon re- for the APSG. ommendations outside of the scope of what port, the article stated, ‘‘The assessment your own advisors were putting forward, found that the Taliban remain resilient, that CONGRESS OF THE UNITED STATES, which may have profoundly altered our widespread corruption continues to weaken HOUSE OF REPRESENTATIVES, strategy and ultimately our course in Af- the central Afghan government and that Washington, DC, June 7, 2012. ghanistan. And still you failed to act. Pakistan persists in providing critical sup- Hon. BARACK H. OBAMA, In light of your recent announcement at port to the insurgency. Insider attacks by The President, The White House, Washington the NATO summit in Chicago that ‘‘the Af- Afghan security forces on their NATO coali- DC. ghan war as we understand it is over,’’ it is tion partners, while still small, are up sig- DEAR MR. PRESIDENT: Two weekends ago, abundantly clear that your administration is nificantly: there have been 37 so far in 2012, many Americans celebrated Memorial Day immovable and has no intention of pursuing compared with 2 in 2007.’’ Given this disturb- with a visit to the beach, the pool or possibly the Af-Pak Study Group, as Congress di- ingly dreary assessment, I remain deeply dis- a neighborhood cookout. But for some this rected. That said, I remain deeply troubled appointed that you have refused to use the annual holiday was far more than simply a by what appears to be a pattern of money provided by Congress to appoint the long weekend. Rather it was somber remem- politicization of national security matters of Afghanistan/Pakistan Study Group (APSG) brance marked by a profound sense of loss the highest magnitude. to review United States strategy. for the son or daughter that never came On May 29 the New York Times reported The report’s stark assessment of Afghan home or the parent that never met their that David Axelrod, your political advisor capabilities is all the more discouraging, child. and chief campaign strategist, repeatedly at- given the recent comments of Afghan Presi- Our nation has been at war for 11 years tended high-level national security meetings dent Hamid Karzai. As you may know, in a now—the longest in our history. As such, related to terrorist drone strikes when he recent interview, President Karzai blamed these grim realities hit close to home for worked at the White House. The article the insecurity in Afghanistan on the United many families, not to mention the less obvi- noted ‘‘David Axelrod . . . began showing up States and our NATO countries, saying, ous but still devastating impact of prolonged at the ‘Terror Tuesday’ meetings, his ‘‘Part of the insecurity is coming to us from separations, life-altering injuries, divorce, unspeaking presence a visible reminder of the structures that NATO and America cre- post traumatic stress syndrome and even what everyone understood: a successful at- ated in Afghanistan.’’ It is appalling that suicide. tack would overwhelm the president’s other President Karzai would make such state- These challenges are set against the back- aspirations and achievements.’’ ments, given the enormous sacrifice made drop of precipitously declining public sup- This revelation is in keeping with the re- over the last 11 years by coalition forces. port for the war effort, an increasingly bleak porting of Bob Woodward in Obama’s Wars. With your policy faltering and the Afghan picture on the ground in Afghanistan and Woodward indicated that discussions of the president blaming us for all the ills in his pervasive national confusion about our over- war strategy were infused with political cal- country, it perplexes me that you refuse to all aims and if they are attainable. culations. Woodward also wrote of an admin- use appropriated dollars to establish the For these and countless other reasons, I istration that ‘‘wrestled with the most basic APSG. More than 2,000 service members have began pressing your administration in Au- questions about the war . . . What is the been killed since fighting commenced in 2001. gust 2010 to convene a bipartisan, inde- mission? What are we trying to do? What Many service members have served four or pendent Afghanistan-Pakistan Study Group will work?’’ more tours in multiple theaters, yet you (APSG), modeled after the Iraq Study Group These are questions that demand answers refuse to use money authorized by Congress (ISO), to serve as ‘‘fresh eyes’’ on the target and could have been taken up by an Af-Pak to convene a panel that could offer solutions and conduct a comprehensive analysis of Study Group. But I venture that such a that could decrease the number of U.S. cas- U.S. strategy in the region. This group would group would not have factored politics into ualties. In fact, both your current and have been charged with putting forward pol- their calculus. Was that a consideration in former Defense secretaries served as mem- icy options for your consideration, and per- your decision to disregard congressional in- bers of the Iraq Study Group, so they both haps just as significantly, would have fos- tent as it relates to the Af-Pak Study Group? know the success it achieved and that simi- tered a national conversation about the war Our men and women in uniform have lar results could be produced by the APSG. effort: Why are we there? What are we aim- fought bravely and served with distinction in ing to accomplish? At what cost? What are Afghanistan and will continue to do so until In addition to the strategic failure of your the consequences of failure? they are called home. Any shortcomings in policy, the most recent report from the Spe- Before proposing this idea I spoke with a our strategy or overall vision for success are cial Inspector General for Afghanistan Re- number of knowledgeable individuals, in- not their burden to bear. As too often hap- construction (SIGAR) documented numerous cluding former senior diplomats, public pol- pens, they have found themselves at the incidents of U.S. aid money being wasted icy experts and retired and active military. mercy of the latest political winds blowing through graft, corruption and mismanage- At that time, many believed our policy was through Washington. And I have been deeply ment. In just one example, the SIGAR report adrift and all agreed that an outside group disappointed that, as president, you appear notes that an Army sergeant pleaded guilty was needed. Ryan Crocker was among those to have allowed these political winds to drive to approving fake documents that allowed dignitaries who embraced the idea, prior to the war strategy. $1.5 million worth of fuel to be stolen. While taking on his current post as U.S. ambas- It is not at all certain what will unfold I am sure your administration takes the sador to Afghanistan. when U.S. troops exit or significantly de- SIGAR reports seriously and is trying to ad- I believed then, and continue to believe, crease in number—there are varied sobering dress the problems raised, at the same time that a group of the caliber of the ISO would scenarios, including the Taliban once again you are actively ignoring policy resources have served this nation well on a matter of seizing the reins of power; a destabilized and that could provide valuable insight and pos- utmost national security and interest. De- nuclear armed Pakistan; Afghanistan as a sible solutions to these and other problems. spite repeated correspondence and even leg- haven for international terrorists. Only his- I find all the arguments your administra- islative action (the FY 2012 Defense Appro- tory will tell. But I believe one thing is tion officials have used to oppose the cre- priations bill included language directing clear: your administration missed a golden ation of the APSG to be woefully insuffi- the Secretary of Defense to convene an Af- opportunity when, for two years, it failed to cient. In his November 5 letter to me, Gen- Pak Study Group and provided the necessary convene an Afghanistan-Pakistan Study eral Martin Dempsey claims that using the funding to ensure the group’s viability) your Group to provide an independent, outside $1 million authorized for the APSG would be administration has repeatedly failed to act. I analysis of the most pressing national secu- an unwise diversion of resources. Yet in May, have been particularly pwzled by your in- rity matter of your presidency. the media reported that more than $800,000

VerDate Sep 11 2014 10:30 Aug 09, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR12\E21DE2.000 E21DE2 rmajette on DSKBCKNHB2PROD with BOUND RECORD 18188 EXTENSIONS OF REMARKS, Vol. 158, Pt. 13 December 21, 2012 had been spent to fly your secretary of de- come. Northwest Florida is a better, safer PERSONAL EXPLANATION fense to his home in California many week- place because of his service. ends, a figure that now likely exceeds $1 mil- lion. I do not know if this was an arrange- Mr. Speaker, on behalf of the United States HON. E. SCOTT RIGELL ment you made specifically with Secretary Congress, it gives me great pride to congratu- OF VIRGINIA Panetta before he accepted the job, but the late Judge Jack R. Heflin on his retirement IN THE HOUSE OF REPRESENTATIVES money spent flying him to and from Cali- and thank him for his service. My wife Vicki Friday, December 21, 2012 fornia could have more than paid for the APSG. joins me in wishing Judge Heflin; his wife, Mr. RIGELL. Mr. Speaker, on rollcall No. The wasted money cited by the SIGAR re- Linda; and their daughters, Heather, Hillary, 646 for H.R. 3197, I mistakenly voted ‘‘no’’ port, as well as the money spent flying Sec- and Harmony, all the best. when I intended to vote ‘‘yes.’’ retary Panetta back to the comfort of his f home in California, would provide more than f enough resources to establish the APSG. Do PERSONAL EXPLANATION you believe that flying Secretary Panetta RECOGNIZING ERNIE LEE MAGAHA home every weekend—a luxury certainly not provided to a service member on their fifth FOR HIS SERVICE AS THE CLERK HON. TIM GRIFFIN tour of duty—is a better use of taxpayer OF THE CIRCUIT COURT AND OF ARKANSAS money than getting the best minds in our COMPTROLLER FOR ESCAMBIA IN THE HOUSE OF REPRESENTATIVES country to provide ‘‘fresh eyes’’ on U.S. pol- COUNTY, FLORIDA Friday, December 21, 2012 icy in this troubled region? As public offi- cials, we have a solemn duty to protect those Mr. GRIFFIN of Arkansas. Mr. Speaker, I we order into combat. For the sake of our HON. JEFF MILLER was ill with the flu and missed seven votes: on forces in theater and the safety of our na- Tuesday, December 11, 2012, rollcall vote No. tion, I once again implore you to use the OF FLORIDA 620; on Wednesday, December 12, 2012, roll- money available to create the APSG. IN THE HOUSE OF REPRESENTATIVES call vote No. 621, rollcall vote No. 622, and As I have stated many times, I do not have rollcall vote No. 623; and, on Thursday, De- the answers on how to assure a successful Friday, December 21, 2012 cember 13, 2012, I missed rollcall vote No. outcome in Afghanistan and Pakistan. How- 624, rollcall vote No. 625, and rollcall vote No. ever, I firmly believe that the APSG could Mr. MILLER of Florida. Mr. Speaker. I rise provide insight into the problems plaguing 626. the region and ways that we can better pro- today to recognize Ernie Lee Magaha for his If I had been present, I would have voted tect national security for decades to come. service as the Clerk of the Circuit Court and ‘‘nay’’ on rollcall vote No. 620 (Approval of the Best wishes. Comptroller for Escambia County, Florida. For Journal). I also would have voted ‘‘aye’’ for Sincerely, more than fifty-five years, Mr. Magaha has each of the following: rollcall vote No. 621 (H. FRANK R. WOLF, served the people of Escambia County with Res. 827 Previous Question), rollcall vote No. Member of Congress. constant professionalism and an unwavering 622 (H. Res. 827), rollcall vote No. 623 (H.R. f commitment to service. 6190), rollcall vote No. 624 (H.R. 4310, On Motion to Instruct Conferees), rollcall vote No. RECOGNIZING THE HONORABLE Mr. Magaha is a native northwest Floridian 625 (H.R. 4310, On Motion to Ito Permit JACK R. HEFLIN UPON HIS RE- and a graduate of Century High School. After TIREMENT FROM SERVICE AS Closed Conference Meetings), and rollcall No. graduating from Century, Mr. Magaha enlisted 626 (H.R. 4053). CIRCUIT JUDGE IN OKALOOSA in the Army and served our nation with honor COUNTY, FLORIDA f and distinction in the South Pacific during World War II. In 1947, Mr. Magaha was honor- RECOGNIZING THE SERVICE OF HON. JEFF MILLER ably discharged from the Army, and he en- ANNE BODENSTEIN UPON HER OF FLORIDA rolled at Auburn University, where he grad- RETIREMENT FROM THE SANTA IN THE HOUSE OF REPRESENTATIVES uated with a degree in Economics in 1950. ROSA COUNTY, FLORIDA OFFICE OF SUPERVISOR OF ELECTIONS Friday, December 21, 2012 After graduating from Auburn, Mr. Magaha Mr. MILLER of Florida. Mr. Speaker, I am returned to northwest Florida, where he mar- HON. JEFF MILLER honored to congratulate Judge Jack R. Heflin ried his wife, Lucile, and together they raised OF FLORIDA upon his retirement after 24 years as Circuit their two sons Ernie Lee, Jr. and James. In IN THE HOUSE OF REPRESENTATIVES Judge in Okaloosa County, Florida. 1951, Mr. Magaha was hired as the Florida In his first years after his graduation from In- State Auditor in Escambia County. He worked Friday, December 21, 2012 diana University, Judge Heflin worked as a in this position in the State Comptroller’s Of- Mr. MILLER of Florida. Mr. Speaker. I rise purchasing agent for Bell Telephone Labs and fice until 1956, when he decided to run for today to recognize the retirement of Anne Western Electric Company. His career in pub- elected office. Mr. Magaha’s commitment to Bodenstein after an extensive career of serv- lic service began in 1967 with his commis- public service was evident to the voters of ice to the citizens of Santa Rosa County, Flor- sioning as a second lieutenant in the United Escambia County, and in 1957 he took office ida. States Air Force. He served in uniform until re- as the Clerk of the Court. Ms. Bodenstein’s career with the Office of ceiving an honorable discharge at the rank of Supervisor of Elections began in 1992, when captain in 1971. Subsequent to his service in When Mr. Magaha was elected as the Clerk she volunteered and dedicated her time as a the Air Force, he attended law school at the of Court, there were only three employees. poll worker and as Polling Place Coordinator. University of Florida, earning his Juris Doctor Escambia County and the Clerk’s office have Her involvement with the electoral process in 1973. grown immensely in Mr. Magaha’s fifty-five continued and she was selected to serve as Judge Heflin entered private practice upon years in office. Today, the Clerk’s office Inspector, and later as Clerk in her local pre- being admitted to the Florida Bar in 1973 and serves a population of nearly 300,000 citizens. cinct. specialized in the areas of commercial law, Thanks to Mr. Magaha’s constant leadership, Her commitment and strong work ethic were family law, bankruptcy law, and general prac- the Clerk’s office has maintained an excellent recognized by many, including Governor Jeb tice. He has maintained a focus on domestic service record and is an integral part of the Bush, who appointed her as the Santa Rosa violence since 1973. In 1988, Judge Heflin northwest Florida community. County Supervisor of Elections to fill the re- was appointed to serve as Circuit Judge for mainder of her predecessor’s term. Her abili- Pensacola and has served in his current role Mr. Speaker, on behalf of the United States ties were also recognized by the Santa Rosa as Okaloosa County Circuit Judge since 1991. Congress, I am privileged to recognize Ernie County electorate, who eventually elected her Without question, Judge Heflin’s positive Lee Magaha for his years of outstanding lead- to the Office of Supervisor of Elections, a role contributions to northwest Florida and our na- ership and service to Escambia County. My which she has held since January 2005. tion have been immense, and his mark on the wife Vicki and I wish Mr. Magaha and his fam- While serving as Supervisor of Elections, judicial landscape will remain for years to ily all the best. Ms. Bodenstein led a permanent staff of six

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The hospital again grew FERENCE REPORT ON H.R. 4310 ployee of the Year. The Northwest Florida to meet Loudoun County’s emergency care FISCAL YEAR 2013 NATIONAL DE- community is grateful for the integral role she needs with the opening of the Cornwall Emer- FENSE AUTHORIZATION ACT has played in our electoral process. gency Department in 2003. Mr. Speaker, on behalf of the United States Today, Inova Loudoun Hospital is a 183– Congress, I am privileged to recognize Anne bed ‘‘advanced acute-care hospital’’ on two HON. RUSH D. HOLT Bodenstein for her exceptional public service campuses, which offers a variety of specialties OF NEW JERSEY to Santa Rosa County. My wife Vicki and I and employs over 1,500 people. In 2011 the IN THE HOUSE OF REPRESENTATIVES wish her all the best in her retirement. hospital provided care for 12,010 inpatients, Friday, December 21, 2012 66,953 emergency room visits, 2,637 births f Mr. HOLT. Mr. Speaker, on December 20, and a wide range of outpatient and ambulatory A VOTE FOR SPEAKER BOEHNER’S 2012, I inadvertently cast a ‘‘yes’’ vote for this services to our community. In the summer of PLAN B IS A VOTE FOR TAX IN- bill. I intended to vote ‘‘no.’’ 2011, Inova Loudoun announced that it is CREASES There is no question that this legislation once again expanding to better serve the contains some important provisions that will Loudoun community with a redevelopment benefit our troops and their families, including HON. JIM McDERMOTT project to upgrade patient convenience, tech- a small (1.7%) pay raise, special pay and bo- OF WASHINGTON nology and building design. nuses (such as special retention pay for avi- IN THE HOUSE OF REPRESENTATIVES I have had the privilege of working with ators, nurses, etc.), additional funding for fam- Friday, December 21, 2012 Inova Loudoun and its excellent staff many ily housing and support services, and other times over the years. It is a wonderful organi- Mr. MCDERMOTT. Mr. Speaker, last night helpful measures. I was pleased that the final zation and I have long been impressed by the we hoped to have proof that Republicans can bill included a provision I authored that creates hospital’s commitment to serving our commu- raise taxes. Speaker BOEHNER’s Plan B not a permanent National Language Service nity and making health care more accessible only raised taxes on millionaires, but on work- Corps within the Defense Department. for Loudoun residents. ing families too. Yet, Grover Norquist, tax lob- The NLSC currently exists as a pilot pro- I congratulate Inova Loudoun Hospital on byist and self-appointed Emperor of Taxes, gram that has recruited more than 1,800 reaching this remarkable milestone. proclaimed that Plan B does not violate his members. To date, Corps members have ‘‘no tax increases pledge.’’ Sorry Grover, it f worked with the Department of the Navy, the does, and conservative groups know it. RECOGNIZING HELEN GUETTLER National Security Agency, the Centers for Dis- Heritage Action, Club for Growth, Citizens MCENTYRE UPON HER RETIRE- ease Control and Prevention, and other fed- United, Tea Party Express and others all MENT FROM SERVICE AS WASH- eral agencies. For instance, the NLSC pro- agree that this bill raises taxes, and oppose it INGTON COUNTY, FLORDIA TAX vided translation and interpretation support for exactly that reason. COLLECTOR services to the U.S. Army Pacific for counter- We were hopeful that Speaker BOEHNER de- insurgency training in Thailand. Far too few cided to send a message to Grover Norquist Americans can speak or understand foreign that his tax pledge days are over—every Re- HON. JEFF MILLER OF FLORIDA languages, and as a result, we are hampered publican that would have voted for the plan in participating in global commerce and in de- IN THE HOUSE OF REPRESENTATIVES would break the pledge by voting to raise fending our national security. The permanent taxes. Norquist’s pledge was ridiculous to Friday, December 21, 2012 establishment of the National Language Serv- begin with. Presidents Reagan and Bush both Mr. MILLER of Florida. Mr. Speaker, I rise ice Corps is a meaningful step toward helping said they wouldn’t raise taxes, but did be- today to recognize Helen Guettler McEntyre our government meet its foreign language cause it was the responsible thing to do. upon her retirement after forty-two years of needs. Unfortunately, last night the Republican cau- dedicated service to the citizens of Wash- Unfortunately, this bill fails to address some cus failed to stand up to their misguided ide- ington County, Florida as Tax Collector. Mrs. key issues of concern to my constituents. ology on tax increases. At the last minute, McEntyre is a Florida native who was born in For example, the bill continues funding for Speaker BOEHNER pulled the bill because it Fort Pierce. As one of sixteen children in a an exo-atmospheric kill vehicle—a provocative didn’t have the votes. Rather than take a dif- large, loving family, she was taught the value and destabilizing system that will waste mil- ficult vote, the Speaker showed us, yet again, of hard work and honesty in all she did. The lions more on our failed national missile de- that the House Republicans cannot deal with strong foundation of principles she gained as fense effort. The bill perpetuates a bloated nu- the problems of this country. a child contributed to the way she operated as clear weapons complex that does not enhance f Tax Collector—with integrity and dignity. our security and in fact compromises our non- HONORING THE 100TH ANNIVER- Mrs. McEntyre began her lifetime career in proliferation efforts. Worse, the bill continues SARY OF INOVA LOUDOUN HOS- public service on October 1, 1970. Throughout to fund our combat operations in Afghanistan, PITAL her forty-two year career in the Tax Collector’s instead of restricting the use of those funds to Office, she worked tirelessly to ensure effi- withdrawal-related operations only. There is HON. FRANK R. WOLF ciency and success for Washington County. simply no reason—military or political—for us Her final accomplishment before retiring was to continue the war in Afghanistan. In the OF VIRGINIA implementing driver’s license services from the broadest sense, this bill continues the acquisi- IN THE HOUSE OF REPRESENTATIVES Collector’s office, which further reflects her tion programs and policies that have been in Friday, December 21, 2012 willingness to improve services for the citizens place for decades. This bill does nothing to Mr. WOLF. Mr. Speaker, I rise today to rec- of Washington County. Mrs. McEntyre is truly fundamentally reshape and downsize our ognize Inova Loudoun Hospital, which cele- an exemplary public servant, and Northwest armed forces. It continues Cold War weapons brates 100 years of serving Loudoun County Florida is grateful for the integral role she has acquisition programs that have no place in a this year. played in our community. 21st century where the threats are vastly more Inova Loudoun Hospital first opened as Mr. Speaker, on behalf of the United States diffuse and dispersed. For all these reasons, I ‘‘Leesburg Hospital’’ on June 5, 1912 in a Congress, I am honored to recognize Helen cannot support this bill.

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