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

Vol. 158 WASHINGTON, MONDAY, DECEMBER 17, 2012 No. 162 House of Representatives The House met at noon and was Lord, the people’s House returns as a PLEDGE OF ALLEGIANCE called to order by the Speaker pro tem- community in Connecticut begins to The SPEAKER pro tempore. Will the pore (Mr. THORNBERRY). lay their little ones to rest. Bless the gentleman from Pennsylvania (Mr. f families of all whose lives were so ter- ribly cut short with peace and consola- ALTMIRE) come forward and lead the DESIGNATION OF SPEAKER PRO tion. Help them, and help us all, to House in the Pledge of Allegiance. TEMPORE have hope in a time of great desolation. Mr. ALTMIRE led the Pledge of Alle- The SPEAKER pro tempore laid be- ‘‘The souls of the just are in the hand giance as follows: fore the House the following commu- of God, and no torment shall touch I pledge allegiance to the Flag of the nication from the Speaker: them.’’ United States of America, and to the Repub- We ask Your blessing, O Lord, upon lic for which it stands, one nation under God, WASHINGTON, DC, indivisible, with liberty and justice for all. December 17, 2012. the Members of this assembly, and I hereby appoint the Honorable MAC most especially upon the leadership. It THORNBERRY to act as Speaker pro tempore is on their shoulders the most impor- f on this day. tant negotiations of our time have JOHN A. BOEHNER, been placed. Give them wisdom, grace, TRIBUTE TO ALBERT E. BRUMLEY Speaker of the House of Representatives. insight, and courage to forge an agree- AND THE 80TH ANNIVERSARY OF f ment that allows us all to move for- ‘‘I’LL FLY AWAY’’ ward toward an encouraging future. MORNING-HOUR DEBATE May all that is done this day be for (Mr. WOMACK asked and was given The SPEAKER pro tempore. Pursu- Your greater honor and glory. permission to address the House for 1 ant to the order of the House of Janu- Amen. minute and to revise and extend his re- ary 17, 2012, the Chair would now recog- f marks.) nize Members from lists submitted by THE JOURNAL Mr. WOMACK. Mr. Speaker, just a the majority and minority leaders for few weeks before we bid farewell to morning-hour debate. The SPEAKER pro tempore. The 2012, I rise today to acknowledge a Chair has examined the Journal of the f noteworthy anniversary celebrated just last day’s proceedings and announces a few weeks ago—the 80th anniversary RECESS to the House his approval thereof. of the Hartford Music Company’s fa- Pursuant to clause 1, rule I, the Jour- mous song, ‘‘I’ll Fly Away.’’ The SPEAKER pro tempore. Pursu- nal stands approved. ant to clause 12(a) of rule I, the Chair Mr. WOMACK. Mr. Speaker, pursuant This staple of gospel music was writ- declares the House in recess until 2 to clause 1, rule I, I demand a vote on ten by the legendary Albert E. p.m. today. agreeing to the Speaker’s approval of Brumley and has been recorded more Accordingly (at 12 o’clock and 1 the Journal. than 5,000 times by celebrated per- minute p.m.), the House stood in re- The SPEAKER pro tempore. The formers from Aretha Franklin and cess. question is on the Speaker’s approval Kanye West to the Boston Pops and the f of the Journal. Blind Boys of Alabama. The song is The question was taken; and the published in most major church b 1400 Speaker pro tempore announced that hymnals, and its distinctive melody AFTER RECESS the ayes appeared to have it. frequents funerals, gospel concerts, and Mr. WOMACK. Mr. Speaker, I object community singings around America. The recess having expired, the House to the vote on the ground that a So, Mr. Speaker, on this milestone was called to order by the Speaker pro quorum is not present and make the anniversary of the publication of this tempore (Mr. THORNBERRY) at 2 p.m. point of order that a quorum is not national treasure in song, let us reflect f present. on the chorus, just as Brumley wrote a The SPEAKER pro tempore. Pursu- PRAYER few decades ago: ant to clause 8, rule XX, further pro- I’ll fly away old glory, The Chaplain, the Reverend Patrick ceedings on this question will be post- I’ll fly away. J. Conroy, offered the following prayer: poned. When I die, Loving God, we give You thanks for The point of no quorum is considered Hallelujah by and by, giving us another day. withdrawn. I’ll fly away.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 23:48 Dec 17, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A17DE7.000 H17DEPT1 rfrederick on DSK7TPTVN1PROD with H6810 CONGRESSIONAL RECORD — HOUSE December 17, 2012 LET US ESTABLISH A CULTURE As discussions on the fiscal cliff and tempting to justify their acts are sim- OF PEACE our Nation’s economic future progress, ply cover. No citizens’ group has asked (Mr. KUCINICH asked and was given a delay in the implementation of the to ram this legislation through, nor permission to address the House for 1 medical device tax should strongly be have any business groups. The deep- minute and to revise and extend his re- considered. pocketed special interest groups whose marks.) f only goal is to destroy unions and Mr. KUCINICH. We are locked into a other labor organizations drove the PROTECTING AGAINST GUN cultural matrix of thinking which pro- puppets that created these divisive VIOLENCE duces violence, and we are shocked laws. when its heartbreaking effects emerge. (Mr. SABLAN asked and was given Right-to-work-for-less laws are bad It’s ‘‘us versus them’’ thinking, this permission to address the House for 1 for workers, bad for Michigan and bad evocation of enemies, whoever they minute and to revise and extend his re- for America. are. marks.) f On a global level, this type of think- Mr. SABLAN. Mr. Speaker, I rise, as ing justifies war and brings the slaugh- many others have, to offer my deepest ANNOUNCEMENT BY THE SPEAKER ter of innocence. Nationally, it sows condolences to the children, families, PRO TEMPORE seeds for murder. Yet war abroad and and community of Newtown, Con- The SPEAKER pro tempore. Pursu- violence at home are not inevitable. necticut. They are enduring a terrible ant to clause 4 of rule I, the following We have it within our power to re-cre- tragedy in the Sandy Hook Elementary enrolled bills were signed by the ate America today. Are we not the land School shootings. But merely to offer Speaker on Thursday, December 13, of the free, the home of the brave? Is condolence feels meaningless to me un- 2012: there not something uniquely Amer- less we also act to save other children H.R. 2838, to authorize appropriations ican which gives us the ability to tran- and families and communities from a for the Coast Guard for fiscal years 2013 scend our woes and to seek a more per- repetition of this same terrible trag- through 2014, and for other purposes; fect Union? edy. S. 1998, to obtain an unqualified audit Even at the darkest moments, we We in Congress must take action to opinion, and improve financial ac- Americans can stand bravely for our keep assault weapons and high-capac- countability and management at the freedom. Mindful of our inherent unity, ity clips out of the hands of those who Department of Homeland Security; we must break the ‘‘us versus them’’ are so dangerous or deranged or de- S. 3542, to authorize the Assistant mindset and move beyond survival luded that they can snuff out the lives Secretary of Homeland Security mode to security through cooperation. of innocents on a whim. I understand (Transportation Security Administra- Let us create an organized, struc- there is a constitutional right to bear tion) to modify screening requirements tured approach to become architects of arms—I know the lawyers here will de- for checked baggage arriving from a new culture of peace in our homes, bate the fine points of that constitu- preclearance airports, and for other our schools, and our workplaces. This tional protection—but if our talk does purposes. is what the Department of Peace is not take guns out of the hands of peo- f about. Let us establish an America ple who would murder children, then where national security and peace at our condolences today are just empty COMMUNICATION FROM THE home includes jobs, housing, physical words. CLERK OF THE HOUSE and mental health care, education, re- We owe it to those who died. We owe The SPEAKER pro tempore laid be- tirement security for all. it to children still alive. We must pro- fore the House the following commu- We’re the land of the free, the home tect our families from this gun vio- nication from the Clerk of the House of of the brave. Freedom and bravery, lence. Representatives: courage and democracy, they are our f OFFICE OF THE CLERK, birthright, our inheritance, our des- 1410 HOUSE OF REPRESENTATIVES, tiny. b Washington, DC, December 13, 2012. f RIGHT TO WORK FOR LESS Hon. JOHN A. BOEHNER, The Speaker, House of Representatives, Wash- MEDICAL DEVICE TAX (Mr. CURSON of Michigan asked and ington, DC. (Mr. ALTMIRE asked and was given was given permission to address the DEAR MR. SPEAKER: Pursuant to the per- permission to address the House for 1 House for 1 minute.) mission granted in Clause 2(h) of Rule II of minute.) Mr. CURSON of Michigan. Mr. Speak- the Rules of the U.S. House of Representa- Mr. ALTMIRE. Mr. Speaker, in 15 er, the Michigan legislature shamefully tives, the Clerk received the following mes- days, a misguided tax on America’s passed so-called right-to-work bills in a sage from the Secretary of the Senate on De- lame-duck session that insult all cember 13, 2012 at 4:14 p.m.: medical device industry is scheduled to That the Senate passed S. 3313. go into effect. The $30 billion medical Michigan workers without public hear- With best wishes, I am device tax will negatively impact an ing or listening to the voice of a single Sincerely, industry that employs over 400,000 peo- citizen. Even more shamefully, Gov- KAREN L. HAAS. ernor Rick Snyder signed the bills into ple in America, including many in my f congressional district, and one indus- law after clearly stating repeatedly try in the country that has a net sur- that such legislation was not on his COMMUNICATION FROM THE plus with foreign trade. agenda and that right-to-work laws are CLERK OF THE HOUSE In June, the House overwhelmingly too divisive to consider. The SPEAKER pro tempore laid be- passed legislation to repeal this ill-ad- The final drafts of the bipartisan fore the House the following commu- vised tax policy. Now, 18 Democratic Michigan labor laws that were in place nication from the Clerk of the House of Senators have sent a letter to Majority prior to these despicable acts were Representatives: Leader REID asking to delay the med- crafted by Republican Governor George OFFICE OF THE CLERK, ical device tax before it can take effect Romney and State Senator Sander HOUSE OF REPRESENTATIVES, at the start of the new year, providing Levin. They served Michigan well, cre- Washington, DC, December 14, 2012. that there is broad bipartisan and bi- ating a vibrant economy that raised Hon. JOHN A. BOEHNER, cameral support to do away with the the tide that brought up all ships. The Speaker, House of Representatives, Wash- tax. Small business thrived, middle class ington, DC. With just 2 weeks to go until the tax thrived. Good jobs with good benefits DEAR MR. SPEAKER: Pursuant to the per- is scheduled to take effect, the medical spawned world-class hospitals and ev- mission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representa- technology industry has received little erything else that comes with a strong tives, the Clerk received the following mes- guidance about how to comply with the economy. sage from the Secretary of the Senate on De- tax, causing significant uncertainty Governor Snyder and his lame-duck cember 14, 2012 at 11:32 a.m.: and confusion. Republicans’ weak explanations at- That the Senate passed S. 2045.

VerDate Mar 15 2010 23:48 Dec 17, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.003 H17DEPT1 rfrederick on DSK7TPTVN1PROD with December 17, 2012 CONGRESSIONAL RECORD — HOUSE H6811 That the Senate passed without amend- b 1630 Mr. BISHOP of Utah. I yield myself ment H.R. 6116. such time as I may consume. With best wishes, I am AFTER RECESS Let me also as we begin this debate I Sincerely, The recess having expired, the House would yield such time as he may con- KAREN L. HAAS. was called to order by the Speaker pro sume to the gentleman from Montana tempore (Mr. SMITH of Nebraska) at 4 whose bill this is that will talk about a f o’clock and 30 minutes p.m. power company decision that in 1962 was allowed and then in 1990 the Park f COMMUNICATION FROM THE Service determined they couldn’t do CLERK OF THE HOUSE ANNOUNCEMENT BY THE SPEAKER what they already had done and now it The SPEAKER pro tempore laid be- PRO TEMPORE has to be fixed. So, Mr. Speaker, I would yield as fore the House the following commu- The SPEAKER pro tempore. Pursu- much time as he may consume to the nication from the Clerk of the House of ant to clause 8 of rule XX, the Chair gentleman from Montana (Mr. REH- Representatives: will postpone further proceedings OFFICE OF THE CLERK, BERG). today on motions to suspend the rules Mr. REHBERG. I thank the gen- HOUSE OF REPRESENTATIVES, on which a recorded vote or the yeas Washington, DC, December 14, 2012. tleman from Utah for very concisely Hon. JOHN A. BOEHNER, and nays are ordered, or on which the summarizing just exactly what this bill The Speaker, House of Representatives, Wash- vote incurs objection under clause 6 of does. ington, DC. rule XX. I rise in support of H.R. 4606, which I DEAR MR. SPEAKER: Pursuant to the per- Record votes on postponed questions have introduced. This commonsense mission granted in Clause 2(h) of Rule II of will be taken later. legislation would permit the necessary the Rules of the U.S. House of Representa- f safety maintenance of a natural gas tives, I have the honor to transmit a sealed pipeline that was constructed in 1962. envelope received from the White House on AUTHORIZING RIGHT-OF-WAY FOR Ordinary maintenance of the pipeline, December 14, 2012, at 2:47 p.m., and said to NATURAL GAS PIPELINES IN contain a message from the President where- which is the sole source of natural gas by he transmits the District of Columbia’s GLACIER NATIONAL PARK for nearly 25,000 residents in the Flat- FY 2013 Budget and Financial Plan. Mr. BISHOP of Utah. Mr. Speaker, I head Valley of Montana, is being pre- With best wishes, I am move to suspend the rules and pass the vented by red tape. About 31⁄2 miles of Sincerely, bill (H.R. 4606) to authorize the this 118-mile pipeline follow U.S. High- KAREN L. HAAS, issuance of right-of-way permits for way 2 through the southwestern border Clerk of the House. natural gas pipelines in Glacier Na- of Glacier National Park. The National Park Service is allowed f tional Park, and for other purposes, as amended. to issue an easement over lands in the The Clerk read the title of the bill. park for specific purposes, including DISTRICT OF COLUMBIA’S FY 2013 electric transmission lines and commu- The text of the bill is as follows: BUDGET AND FINANCIAL PLAN— nications services. But the specific uses MESSAGE FROM THE PRESIDENT H.R. 4606 listed do not include natural gas lines; OF THE UNITED STATES (H. DOC. Be it enacted by the Senate and House of Rep- so under current law, they can’t allow NO. 112–157) resentatives of the United States of America in maintenance. Congress assembled, The SPEAKER pro tempore laid be- The law also authorizes the Federal SECTION 1. PERMITS FOR EXISTING NATURAL fore the House the following message Government to issue rights-of-way for GAS PIPELINES. natural gas lines—just not in national from the President of the United (a) IN GENERAL.—The Secretary of the Inte- States; which was read and, together rior may issue right-of-way permits for each parks. And so this tiny stretch of exist- with the accompanying papers, referred natural gas pipeline (including all appur- ing pipeline, which is so critical to so to the Committee on Appropriations tenances used in the operation of the natural many Montanans, finds itself between and ordered to be printed: gas pipeline) that, as of March 1, 2012, is lo- a legal rock and a bureaucratic hard cated within the boundary of Glacier National place. Allowing maintenance of the ex- To the Congress of the United States: Park. isting pipeline is too important for fur- Pursuant to my constitutional au- (b) TERMS AND CONDITIONS.—A permit issued ther delay. thority and as contemplated by section under subsection (a) shall be— Not only is the pipeline nestled in 446 of the District of Columbia Self- (1) issued as a right-of-way renewal, con- and around Glacier National Park; but Government and Governmental Reor- sistent with laws (including regulations) gen- it is also near the Middle Fork of the erally applicable to utility rights-of-way within Flathead River, which is designated as ganization Act as amended in 1989, I units of the National Park System; am transmitting the District of Colum- (2) for a width of not more than 25 feet on ei- a wild and scenic river and the Great bia’s fiscal year (FY) 2013 Budget and ther side of the centerline of the natural gas Bear Wilderness Area. An accident due Financial Plan. This transmittal does pipeline; and to a lack of maintenance would be dev- not represent an endorsement of the (3) subject to any terms and conditions that astating to the local ecosystem. contents of the D.C. government’s re- the Secretary of the Interior determines to be Moving the line outside the park quests. necessary. would require further harm to the sur- The proposed FY 2013 Budget and Fi- The SPEAKER pro tempore. Pursu- rounding environment, and it makes nancial Plan reflects the major pro- ant to the rule, the gentleman from sense for the pipeline to use the exist- grammatic objectives of the Mayor and Utah (Mr. BISHOP) and the gentleman ing roadbed for Highway 2 in order to the Council of the District of Colum- from the Northern Mariana Islands minimize the economic impact. My legislation simply solves this bia. For FY 2013, the District estimates (Mr. SABLAN) each will control 20 min- government-made problem by allowing total revenues and expenditures of $11.4 utes. the National Park Service to allow billion. The Chair recognizes the gentleman maintenance on the pipeline. I urge my BARACK OBAMA. from Utah. colleagues to support this legislation. THE WHITE HOUSE, December 14, 2012. GENERAL LEAVE Mr. SABLAN. Mr. Speaker, I yield Mr. BISHOP of Utah. Mr. Speaker, I f myself such time as I may consume. ask unanimous consent that all Mem- (Mr. SABLAN asked and was given bers may have 5 legislative days to re- permission to revise and extend his re- RECESS vise and extend their remarks and in- marks.) The SPEAKER pro tempore. Pursu- clude extraneous material on the bill Mr. SABLAN. Mr. Speaker, H.R. 4606 ant to clause 12(a) of rule I, the Chair under consideration. clarifies that the National Park Serv- declares the House in recess subject to The SPEAKER pro tempore. Is there ice may issue right-of-way permits for the call of the Chair. objection to the request of the gen- a natural gas pipeline in Glacier Na- Accordingly (at 2 o’clock and 14 min- tleman from Utah? tional Park. The pipeline already ex- utes p.m.), the House stood in recess. There was no objection. ists in the park, and the legislation

VerDate Mar 15 2010 04:07 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A17DE7.003 H17DEPT1 rfrederick on DSK7TPTVN1PROD with H6812 CONGRESSIONAL RECORD — HOUSE December 17, 2012 provides appropriate easements for ac- sion Indians and certain off-reservation prop- Utah (Mr. BISHOP) and the gentleman cess by Northwestern Energy. erty owners relating to the causes of dimin- from the Northern Mariana Islands Senator TESTER first introduced this ishing native groundwater; (Mr. SABLAN) each will control 20 min- legislation in March of this year. We do (3) Congress expresses no opinion, nor should an opinion of Congress be inferred, re- utes. not object to this legislation, Mr. lating to the disagreement described in para- The Chair recognizes the gentleman Speaker, and I reserve the balance of graph (2); and from Utah. my time. (4) it is the intent of Congress that, if the GENERAL LEAVE Mr. BISHOP of Utah. Mr. Speaker, I land described in section 121(b) of the Native Mr. BISHOP of Utah. Mr. Speaker, I have only myself as the final speaker American Technical Corrections Act of 2004 (118 Stat. 544) (as amended by section 3) is also ask unanimous consent that all we have over here. I was wondering if Members may have 5 legislative days there are any other speakers from the used to bring water to the Barona Indian Reservation, the effort is authorized only if to revise and extend their remarks and minority side. the effort also addresses water availability include extraneous material on the bill Mr. SABLAN. No, I don’t, Mr. Speak- for neighboring off-reservation land located under consideration. er, and I yield back the balance of my along Old Barona Road that is occupied as of The SPEAKER pro tempore. Is there time. the date of enactment of this Act by pro- objection to the request of the gen- Mr. BISHOP of Utah. Mr. Speaker, in viding guaranteed access to that water sup- tleman from Utah? closing on this, this is a piece of legis- ply at a mutually agreeable site on the lation that is just common sense and southwest boundary of the Barona Indian There was no objection. blindingly necessary. At risk, if it is Reservation. Mr. BISHOP of Utah. I yield myself (b) PURPOSES.—The purposes of this Act such time as I may consume. not passed, are 25,000 people, citizens of are— Montana, who would be without this (1) to clarify the legal description of the This particular bill corrects an error kind of natural gas service, as well as land placed into trust for the Barona Band of that was made in 2004 under an act of Glacier National Park that would be Mission Indians in 2004; and Congress under which land that was in- without this kind of service. It’s some- (2) to remove all doubt relating to the spe- tended to be placed in trust for the thing that needs to be done, it should cific parcels of land that Congress has placed Barona Band of Mission Indians in into trust for the Barona Band of Mission In- California. That law that was improp- have been done a long time ago, and it dians. needs to be changed to allow the Park erly written—amazing—gave a written SEC. 3. LAND TRANSFER. legal description of the trust land that Service to be doing what it naturally Section 121 of the Native American Tech- should be doing. I urge all my col- nical Corrections Act of 2004 (Public Law contained several mistakes. The unfor- leagues to support this particular bill. 108–204; 118 Stat. 544) is amended— tunate result was to put Congress on With that, I yield back the balance of (1) by striking subsection (b) and inserting record as declaring that non-Indian pri- my time. the following: vate property is to be held in trust ‘‘(b) DESCRIPTION OF LAND.—The land re- The SPEAKER pro tempore. The rather than the tribe’s property. ferred to in subsection (a) is land comprising This action placed a cloud on the question is on the motion offered by approximately 86.87 acres in T. 14 S., R. 1 E., the gentleman from Utah (Mr. BISHOP) San Bernardino Meridian, San Diego County, title of the non-Indians’ property and that the House suspend the rules and California, and described more particularly frustrated the tribe’s effort to use the pass the bill, H.R. 4606, as amended. as follows: lands that Congress intended to place The question was taken. ‘‘(1) The approximately 69.85 acres located in trust for its benefit. However, this The SPEAKER pro tempore. In the in Section 21 and described as— lagan attached to a buoy is able to be ‘‘(A) SW1⁄4 SW1⁄4, excepting the north 475 opinion of the Chair, two-thirds being retrieved at this time and fixed in this feet; particular piece of legislation. in the affirmative, the ayes have it. ‘‘(B) W1⁄2 SE1⁄4 SW1⁄4, excepting the north Mr. BISHOP of Utah. Mr. Speaker, on 475 feet; Senate bill 3193 corrects this error, that I demand the yeas and nays. ‘‘(C) E1⁄2 SE1⁄4 SW1⁄4, excepting the north 350 clearing the title to the non-Indians’ The yeas and nays were ordered. feet; and property and affirming the trust status The SPEAKER pro tempore. Pursu- ‘‘(D) the portion of W1⁄2 SE1⁄4 that lies of the correct lands. The subcommittee ant to clause 8 of rule XX, further pro- southwesterly of the following line: Begin- on the Interior and Alaskan Native Af- ceedings on this question will be post- ning at the intersection of the southerly line fairs held a legislative hearing on the of said SE1⁄4 of Section 21 with the westerly poned. boundary of Rancho Canada De San Vicente bill, which the director of the BIA and f Y Mesa Del Padre Barona as shown on the Barona Band affirmed that this bill does, indeed, solve these issues; and we BARONA BAND OF MISSION INDI- United States Government Resurvey ap- proved January 21, 1939, and thence north- have heard no objections in the course ANS LAND TRANSFER CLARI- westerly along said boundary to an intersec- of this bill to this particular bill. FICATION ACT OF 2012 1 tion with the westerly line of said SE ⁄4. I want to commend the efforts of the Mr. BISHOP of Utah. Mr. Speaker, I ‘‘(2) The approximately 17.02 acres located gentleman from California, Congress- in Section 28 and described as NW1⁄4 NW1⁄4, move to suspend the rules and pass the man DUNCAN HUNTER. Mr. HUNTER has bill (S. 3193) to make technical correc- excepting the east 750 feet.’’; and (2) by adding at the end the following: been instrumental in working with the tions to the legal description of certain ‘‘(d) CLARIFICATIONS.— tribe, the surrounding community, the land to be held in trust for the Barona ‘‘(1) EFFECT ON SECTION.—The provisions of sponsor, and the Natural Resources Band of Mission Indians, and for other subsection (c) shall apply to the land de- Committee to bring this bill to the purposes. scribed in subsection (b), as in effect on the final legislative step before sending it The Clerk read the title of the bill. day after the date of enactment of the to the President for signing. I also The text of the bill is as follows: Barona Band of Mission Indians Land Trans- want to thank him for allowing a Sen- fer Clarification Act of 2012. S. 3193 ‘‘(2) EFFECT ON PRIVATE LAND.—The parcel ate bill to be part of the solution so Be it enacted by the Senate and House of Rep- of private, non-Indian land referenced in sub- that they can actually do something resentatives of the United States of America in section (a) and described in subsection (b), as over there. Congress assembled, in effect on the day before the date of enact- This is a noncontroversial bill, I urge SECTION 1. SHORT TITLE. ment of the Barona Band of Mission Indians my colleagues to pass it, and I reserve This Act may be cited as the ‘‘Barona Band Land Transfer Clarification Act of 2012, but the balance of my time. of Mission Indians Land Transfer Clarifica- excluded from the revised description of the tion Act of 2012’’. land in subsection (b) was not intended to SEC. 2. FINDINGS; PURPOSES. be— b 1640 (a) FINDINGS.—Congress finds that— ‘‘(A) held in trust by the United States for Mr. SABLAN. Mr. Speaker, I yield (1) the legal description of land previously the benefit of the Band; or myself such time as I may consume. ‘‘(B) considered to be a part of the reserva- taken into trust by the United States for the (Mr. SABLAN asked and was given benefit of the Barona Band of Mission Indi- tion of the Band.’’. ans may be interpreted to refer to private, Passed the Senate September 22 (legisla- permission to revise and extend his re- nontribal land; tive day, September 21), 2012. marks.) (2) there is a continued, unresolved dis- The SPEAKER pro tempore. Pursu- Mr. SABLAN. Mr. Speaker, S. 3193, agreement between the Barona Band of Mis- ant to the rule, the gentleman from the Barona Band of Mission Indians

VerDate Mar 15 2010 04:07 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.011 H17DEPT1 rfrederick on DSK7TPTVN1PROD with December 17, 2012 CONGRESSIONAL RECORD — HOUSE H6813 Land Transfer Clarification Act of 2012, will resume on motions to suspend the Lungren, Daniel Peterson Scott (VA) E. Petri Scott, Austin corrects the legal description of land rules previously postponed. Mack Pingree (ME) Scott, David placed into trust for the Barona Band Votes will be taken in the following Maloney Pitts Sensenbrenner of Mission Indians in 2004. The bill order: Marino Platts Sessions places the proper parcel into trust as H.R. 4604 and S. 3193, each by the Massie Poe (TX) Sewell Matheson Polis Sherman originally intended and clears title to yeas and nays. McCarthy (CA) Pompeo Shuster the property misidentified under exist- The first electronic vote will be con- McCarthy (NY) Posey Sires ing law. ducted as a 15-minute vote. The re- McCaul Price (GA) Smith (NE) S. 3193 was discharged by the Sub- maining electronic vote will be con- McClintock Price (NC) Smith (TX) McCollum Quayle Southerland committee on Indian and Alaska Na- ducted as a 5-minute vote. McHenry Quigley Stearns tive Affairs earlier this month by McKeon Rahall Stutzman unanimous consent after having been f McKinley Rangel Thompson (MS) passed by the full Senate in September, McMorris Reed Thompson (PA) AUTHORIZING RIGHT-OF-WAY FOR Rodgers Rehberg Thornberry also by unanimous consent. NATURAL GAS PIPELINES IN Meehan Reichert Tierney This bill is supported by the adminis- GLACIER NATIONAL PARK Mica Renacci Tipton tration, the tribe, and the affected non- Michaud Ribble Tonko The SPEAKER pro tempore. The un- Miller (FL) Richardson Tsongas Indian stakeholders. I, too, support Miller (MI) Rigell Turner (NY) this legislation to correct Congress’ finished business is the vote on the mo- Miller (NC) Roby Turner (OH) error and urge my colleagues to vote in tion to suspend the rules and pass the Miller, Gary Roe (TN) Upton favor of passage. bill (H.R. 4606) to authorize the Miller, George Rogers (KY) Van Hollen issuance of right-of-way permits for Mulvaney Rogers (MI) Vela´ zquez With that, I reserve the balance of Murphy (CT) Rooney Visclosky my time. natural gas pipelines in Glacier Na- Murphy (PA) Ros-Lehtinen Walberg Mr. BISHOP of Utah. Once again, I’m tional Park, and for other purposes, as Myrick Roskam Walden the only speaker we have over here, amended, on which the yeas and nays Nadler Ross (FL) Walz (MN) were ordered. Napolitano Roybal-Allard Wasserman and I’m prepared to close when the Neugebauer Royce Schultz gentleman from the Northern Mariana The Clerk read the title of the bill. Noem Runyan Watt Islands is. The SPEAKER pro tempore. The Nugent Ruppersberger Waxman question is on the motion offered by Olson Ryan (OH) Webster Mr. SABLAN. Mr. Speaker, I have no Palazzo Ryan (WI) Wilson (SC) further speakers, and I yield back the the gentleman from Utah (Mr. BISHOP) Pallone Sa´ nchez, Linda Wittman balance of my time. that the House suspend the rules and Pascrell T. Wolf Mr. BISHOP of Utah. Mr. Speaker, pass the bill, as amended. Paul Scalise Womack The vote was taken by electronic de- Paulsen Schiff Woodall this is another bill that is non- Payne Schmidt Woolsey controversial. It solves a problem that vice, and there were—yeas 286, nays 10, Pearce Schrader Yarmuth should have been solved a long time not voting 135, as follows: Perlmutter Schwartz Yoder ago, and I urge my colleagues to vote [Roll No. 627] Peters Schweikert Young (IN) for it. YEAS—286 NAYS—10 With that, I yield back the balance of Adams Conaway Hall Clarke (NY) Farr McDermott my time. Aderholt Connolly (VA) Harper Clay Kucinich Serrano The SPEAKER pro tempore. The Alexander Cooper Hastings (FL) Conyers Lewis (GA) Altmire Crawford Hastings (WA) Edwards Lynch question is on the motion offered by Amash Crowley Hayworth the gentleman from Utah (Mr. BISHOP) Amodei Cuellar Heck NOT VOTING—135 that the House suspend the rules and Andrews Cummings Hensarling pass the bill, S. 3193. Bachus Curson (MI) Herger Ackerman Gohmert Olver Baldwin Davis (CA) Hinojosa Akin Gonzalez Owens The question was taken. Barletta DeFazio Hochul Austria Goodlatte Pastor (AZ) The SPEAKER pro tempore. In the Barrow DeGette Honda Baca Gowdy Pelosi opinion of the Chair, two-thirds being Bass (CA) DelBene Hoyer Bachmann Granger Pence Becerra Denham Barber Griffin (AR) in the affirmative, the ayes have it. Huelskamp Reyes Benishek Dent Huizenga (MI) Bartlett Grijalva Richmond Mr. BISHOP of Utah. Mr. Speaker, on Berg DesJarlais Hultgren Barton (TX) Guinta Rivera Berkley Deutch Bass (NH) Gutierrez that I demand the yeas and nays. Hunter Rogers (AL) Biggert Diaz-Balart Berman Hanabusa Hurt Rohrabacher The yeas and nays were ordered. Bilbray Doggett Bishop (NY) Hanna Israel The SPEAKER pro tempore. Pursu- Bilirakis Dold Boswell Harris Rokita Issa Bishop (GA) Donnelly (IN) Brady (PA) Hartzler Ross (AR) ant to clause 8 of rule XX, further pro- Jenkins Bishop (UT) Doyle Brady (TX) Heinrich Rothman (NJ) ceedings on this question will be post- Johnson (GA) Black Dreier Buchanan Herrera Beutler Rush poned. Blackburn Duffy Johnson (OH) Burgess Higgins Sanchez, Loretta Johnson, E. B. f Blumenauer Duncan (SC) Burton (IN) Himes Sarbanes Bonamici Duncan (TN) Jordan Butterfield Hinchey Schakowsky RECESS Bonner Ellison Kaptur Campbell Hirono Schilling Bono Mack Ellmers Keating Capps Holden Schock The SPEAKER pro tempore. Pursu- Boren Emerson Kelly Capuano Holt Scott (SC) ant to clause 12(a) of rule I, the Chair Boustany Engel Kildee Carnahan Jackson Lee Shimkus King (IA) declares the House in recess until ap- Braley (IA) Eshoo Cicilline (TX) Shuler Brooks Farenthold King (NY) Clyburn Johnson (IL) Simpson Kingston proximately 6:30 p.m. today. Broun (GA) Fattah Coble Johnson, Sam Slaughter Kinzinger (IL) Accordingly (at 4 o’clock and 41 min- Brown (FL) Fitzpatrick Cohen Jones Smith (NJ) Kline Bucshon Fleischmann Costa Kind Smith (WA) utes p.m.), the House stood in recess. Labrador Buerkle Flores Costello Kissell Speier Lamborn f Calvert Foxx Courtney Landry Stark Camp Frank (MA) Lance Cravaack Langevin b 1831 Lankford Stivers Canseco Frelinghuysen Crenshaw Larson (CT) Sullivan Cantor Fudge Larsen (WA) Critz Lipinski Sutton AFTER RECESS Capito Garamendi Latham Culberson Luja´ n Terry Carney Gardner LaTourette Davis (IL) Manzullo The recess having expired, the House Thompson (CA) Carson (IN) Garrett Latta DeLauro Marchant was called to order by the Speaker pro Carter Gibbs Lee (CA) Dicks Markey Tiberi tempore (Mr. KLINE) at 6 o’clock and 31 Cassidy Gingrey (GA) Levin Dingell Matsui Towns minutes p.m. Castor (FL) Gosar Lewis (CA) Fincher McGovern Walsh (IL) Chabot Graves (GA) LoBiondo Flake McIntyre Waters f Chaffetz Graves (MO) Loebsack Fleming McNerney Welch Chandler Green, Al Lofgren, Zoe Forbes Meeks West ANNOUNCEMENT BY THE SPEAKER Chu Green, Gene Long Fortenberry Moore Westmoreland PRO TEMPORE Clarke (MI) Griffith (VA) Lowey Franks (AZ) Moran Whitfield Cleaver Grimm Lucas Gallegly Neal Wilson (FL) The SPEAKER pro tempore. Pursu- Coffman (CO) Guthrie Luetkemeyer Gerlach Nunes Young (AK) ant to clause 8 of rule XX, proceedings Cole Hahn Lummis Gibson Nunnelee Young (FL)

VerDate Mar 15 2010 01:56 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.015 H17DEPT1 rfrederick on DSK7TPTVN1PROD with H6814 CONGRESSIONAL RECORD — HOUSE December 17, 2012 b 1857 leagues to run one way so that she [Roll No. 628] Messrs. CLAY and CONYERS could run the other way, directly to- YEAS—306 ward the gunman. They were answered changed their vote from ‘‘yea’’ to Adams Flores Mica ‘‘nay.’’ by Victoria Soto, who hid her kids in a Aderholt Foxx Michaud Messrs. CROWLEY, HASTINGS of closet and died shielding her students Alexander Frank (MA) Miller (FL) Florida, BERG, Ms. ZOE LOFGREN of from the assassin’s bullets. And Altmire Frelinghuysen Miller (MI) they’ve been answered by the thou- Amash Fudge Miller (NC) California, and Ms. LINDA T. Amodei Garamendi Miller, Gary SA´ NCHEZ of California changed their sands of individual acts of humanity Andrews Gardner Miller, George vote from ‘‘nay’’ to ‘‘yea.’’ that have overflowed from the people Bachus Garrett Mulvaney So (two-thirds being in the affirma- of Newtown in the days since the Baldwin Gibbs Murphy (CT) shooting, a community just pouring Barber Gingrey (GA) Murphy (PA) tive) the rules were suspended and the Barletta Gosar Myrick bill, as amended, was passed. out love trying to help console this in- Barrow Graves (GA) Nadler The result of the vote was announced calculable grief. Bass (CA) Graves (MO) Napolitano as above recorded. I went to the first of too many funer- Becerra Green, Al Neugebauer Benishek Green, Gene Noem A motion to reconsider was laid on als this morning, and the last thing we know is this: All those wonderful little Berg Griffith (VA) Nugent the table. Berkley Grimm Olson Stated for: faces that you see on TV and in the Biggert Guthrie Palazzo Mr. Speaker, Ms. SCHAKOWSKY. on roll- newspaper, like Noah Pozner, who was Bilbray Hahn Pallone laid to rest this morning, they’re a re- Bilirakis Hall Pascrell call No. 627, had I been present, I would have Bishop (GA) Harper Paul voted ‘‘yea.’’ minder that despite the terrible and Bishop (UT) Hastings (FL) Paulsen Mr. LARSON of Conneticut. Mr. Speaker, on awful things that happened, that inside Black Hastings (WA) Payne December 17, 2012—I was not present for the hearts of all of this is this unbe- Blackburn Hayworth Pearce lievable goodness. That’s all Noah Blumenauer Heck Perlmutter rollcall vote 627. I was attending a vigil in Bonamici Hensarling Peters memory of the lives lost at the Sandy Hook El- Pozner had was goodness, was just this Bonner Herger Peterson ementary shooting in Newtown, CT. If I had purity of spirit. Bono Mack Himes Petri Newtown is going to survive this be- Boren Hinojosa Pingree (ME) been present for this vote, I would have voted cause it’s a close town. They hurt more Boustany Hochul Pitts ‘‘yea’’ on rollcall vote 627. Braley (IA) Honda Platts because they’re close, but they also can f Brooks Hoyer Poe (TX) survive because they’re close. And they Broun (GA) Huelskamp Polis MOMENT OF SILENCE IN MEMORY can also survive because they will get Brown (FL) Huizenga (MI) Pompeo OF VICTIMS OF CONNECTICUT Bucshon Hultgren Posey this inspiration from these 20 little Buerkle Hunter Price (GA) SHOOTING kids who are asking this town to re- Calvert Hurt Price (NC) (Mr. MURPHY of Connecticut asked member how good they were and try to Camp Israel Quayle equal that. Canseco Issa Quigley and was given permission to address Cantor Jenkins Rahall the House for 1 minute.) As Newtown wrestles with this grief Capito Johnson (GA) Rangel Mr. MURPHY of Connecticut. Mr. and recovery, the thoughts and the Carney Johnson (OH) Reed Speaker, on Friday morning, I brought prayers from others matter. I want to Carson (IN) Johnson, E. B. Rehberg thank everyone here for all of the indi- Carter Jordan Reichert my 4-year-old to school. I dropped him Cassidy Kaptur Ribble off at 8:45, just like millions of other vidual love that you’ve showered down Castor (FL) Keating Richardson parents did all across this country, and upon our little town. I want to thank Chabot Kelly Rigell the Connecticut delegation here with Chaffetz Kildee Roby a few hours later I saw him again. He Chandler King (IA) Roe (TN) had a big smile on his face. me today for all of their support. It Chu King (NY) Rogers (AL) In Newtown, Connecticut, on Friday, helps in some small way to know that Cicilline Kingston Rogers (KY) 20 parents dropped their first graders the world is grieving with us. Clarke (MI) Kinzinger (IL) Rogers (MI) So, Mr. Speaker, I would ask that the Clarke (NY) Kline Rooney off at Sandy Hook Elementary or Clay Kucinich Ros-Lehtinen kissed them good-bye as they got on House now rise and observe a moment Cleaver Labrador Roskam the school bus, and that was the last of silence for the 20 beautiful children Coffman (CO) Lamborn Ross (FL) time they saw their kids. and six courageous adults who perished Cole Lance Roybal-Allard on a crisp, cold Friday morning in Conaway Lankford Royce Something horrible, something Connolly (VA) Larsen (WA) Runyan unexplainable happened at Sandy Hook Sandy Hook, Connecticut. Conyers Larson (CT) Ryan (OH) Elementary last week. When people The SPEAKER. The Chair would ask Cooper Latham Ryan (WI) Courtney LaTourette Sarbanes ask me how are folks doing, I tell them all present to rise and observe a mo- ment of silence. Crawford Latta Scalise right now there’s a lot of blank looks, Crowley Lee (CA) Schakowsky these people are just trying to process f Cuellar Levin Schiff Cummings Lewis (CA) Schmidt what happened. Twenty gleaming, BARONA BAND OF MISSION INDI- Curson (MI) Lewis (GA) Schrader beautiful children were gunned down, ANS LAND TRANSFER CLARI- Davis (CA) LoBiondo Schwartz along with six adults who loved them FICATION ACT OF 2012 DeFazio Loebsack Schweikert dearly, by a young man with a sickness DeGette Lofgren, Zoe Scott (VA) The SPEAKER. Without objection, 5- DeLauro Long Scott, Austin that masqueraded as evil that day. minute voting will continue. DelBene Lowey Scott, David So we are left asking all these ques- There was no objection. Denham Lucas Sensenbrenner tions: Why? Why us? Why these little The SPEAKER. The unfinished busi- Dent Luetkemeyer Serrano kids? Why did he do it? Why weren’t we DesJarlais Lummis Sessions ness is the vote on the motion to sus- Deutch Lungren, Daniel Sewell able to prevent this from happening? pend the rules and pass the bill (S. 3193) Diaz-Balart E. Sherman The whys are almost infinite. to make technical corrections to the Doggett Mack Shuster In the coming days and weeks, I Dold Maloney Sires legal description of certain land to be Donnelly (IN) Marino Smith (NE) guess we’ll get some answers to these held in trust for the Barona Band of Doyle Massie Smith (TX) questions, but most of them won’t have Mission Indians, and for other pur- Dreier Matheson Southerland answers. But when you peek through poses, on which the yeas and nays were Duffy Matsui Stearns this vast crippling darkness of the last Duncan (SC) McCarthy (CA) Stutzman ordered. Duncan (TN) McCaul Thompson (CA) 4 days, there’s one answer that we The Clerk read the title of the bill. Edwards McClintock Thompson (MS) know for certain. If we ever wondered The SPEAKER. The question is on Ellison McCollum Thompson (PA) what kind of community Newtown was, the motion offered by the gentleman Ellmers McDermott Thornberry Emerson McGovern Tierney if we ever doubted the deepness of our from Utah (Mr. BISHOP) that the House Engel McHenry Tipton love for one another, those questions suspend the rules and pass the bill. Eshoo McKeon Tonko have been answered, and they’ve been This is a 5-minute vote. Farenthold McKinley Tsongas answered definitively. The vote was taken by electronic de- Farr McMorris Turner (NY) Fattah Rodgers Turner (OH) They were answered by Principal vice, and there were—yeas 306, nays 0, Fitzpatrick McNerney Upton Dawn Hochsprung, who told her col- not voting 125, as follows: Fleischmann Meehan Van Hollen

VerDate Mar 15 2010 01:56 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.018 H17DEPT1 rfrederick on DSK7TPTVN1PROD with December 17, 2012 CONGRESSIONAL RECORD — HOUSE H6815 Vela´ zquez Waters Womack Education and the Workforce be dis- I thank the chairman very much for Visclosky Watt Woodall Walberg Waxman Woolsey charged from further consideration of his kind words and for his generosity in Walden Webster Yarmuth House Resolution 833 and ask for its allowing us to have this time on the Walz (MN) Wilson (SC) Yoder immediate consideration in the House. floor this evening to both remember Wasserman Wittman Young (AK) The Clerk read the title of the resolu- the 26 individuals who were brutally Schultz Wolf Young (IN) tion. murdered on Friday morning in the vil- NOT VOTING—125 The SPEAKER pro tempore (Mr. lage of Sandy Hook in the town of New- Ackerman Gonzalez Owens AUSTIN SCOTT of Georgia). Is there ob- town, Connecticut, but also to start to Akin Goodlatte Pastor (AZ) jection to the request of the gentleman paint a pathway forward. Right now, Austria Gowdy Pelosi Baca Granger Pence from Minnesota? Newtown, Connecticut, is grieving Bachmann Griffin (AR) Renacci There was no objection. deeply. It’s going to be grieving for a Bartlett Grijalva Reyes The text of the resolution is as fol- long time because, frankly, we are just Barton (TX) Guinta Richmond lows: in the process of figuring out what to Bass (NH) Gutierrez Rivera Berman Hanabusa Whereas on December 14, 2012 a mass think about this, never mind under- Rohrabacher Bishop (NY) Hanna shooting took place at Sandy Hook Elemen- Rokita standing how to recover. This morning, Boswell Harris tary School in Newtown, Connecticut; Ross (AR) at the first of what will be far too Brady (PA) Hartzler Whereas the people of the United States Brady (TX) Heinrich Rothman (NJ) many funerals, you could start to see Ruppersberger mourn the 26 innocent lives, including those Buchanan Herrera Beutler of 20 children, that have been lost at Sandy through the darkness a glimmer of how Burgess Higgins Rush we figure a way out of this. Burton (IN) Hinchey Sa´ nchez, Linda Hook Elementary School in this unimagi- Butterfield Hirono T. nable tragedy; Little Noah Pozner was buried this Campbell Holden Sanchez, Loretta Whereas the people of the United States morning by his parents and by his fam- Capps Holt Schilling will always remember the victims of the pre- ily. Noah was an amazing little 6-year- Capuano Jackson Lee Schock vious mass shootings that have occurred in old. Not unlike most other precocious Carnahan (TX) Scott (SC) the United States and stand in solidarity 6-year-olds, he loved role-playing; he Clyburn Johnson (IL) Shimkus with the survivors; and Coble Johnson, Sam was mischievous; he was as smart as a Shuler Whereas the quick action of law enforce- Cohen Jones Simpson whip. He always talked about what he ment officials and other first responders pre- Costa Kind Slaughter Costello Kissell vented additional losses of life: Now, there- wanted to do in life, what he wanted to Smith (NJ) be. One day, he’d say he wanted to be a Cravaack Landry Smith (WA) fore, be it Crenshaw Langevin Speier Resolved, That the House of Representa- doctor. On another day, he’d say he Critz Lipinski Stark tives— wanted to be a police officer. On most Culberson Luja´ n Stivers (1) condemns the senseless attack at Sandy Davis (IL) Lynch days, his mom said he wanted to be a Sullivan Dicks Manzullo Hook Elementary School in Newtown, Con- taco store owner. He loved tacos. That Sutton Dingell Marchant necticut on Friday, December 14, 2012; Terry was his dream in life. Fincher Markey (2) offers condolences to all of the students, What we’ve seen on TV and in news- Flake McCarthy (NY) Tiberi teachers, administrators, and faculty of Fleming McIntyre Towns Sandy Hook Elementary School, as well as papers are these faces, the beautiful, Forbes Meeks Walsh (IL) gleaming, pure faces of these 20 first Welch their families, and recognizes that the heal- Fortenberry Moore ing process will be long and difficult for the graders who perished; and while all of Franks (AZ) Moran West Gallegly Neal Westmoreland entire Newtown community; our hearts are just sick with grief, we Gerlach Nunes Whitfield (3) honors the selfless, dedicated service know that their purity and their love Gibson Nunnelee Wilson (FL) of— is going to be the inspiration for the Gohmert Olver Young (FL) (A) the teachers, school administrators, little community of Newtown and, b 1908 school support staff, medical professionals, frankly, for this whole country and and others in the Greater Newtown commu- So (two-thirds being in the affirma- nity; this whole world to figure out how to tive) the rules were suspended and the (B) the emergency response teams and law recover. bill was passed. enforcement officials who responded to the I’ve been there on the ground since The result of the vote was announced attack; and Friday afternoon almost nonstop, and as above recorded. (C) law enforcement officials who continue Newtown is asking itself lots of ques- A motion to reconsider was laid on to investigate the attack; and tions about why it happened to us. the table. (4) remains committed to working together What could we have done? Why did this to help prevent tragedies like this from ever guy do it? As I just said on the House PERSONAL EXPLANATION happening again. Ms. SLAUGHTER. Mr. Speaker, I was un- floor, those questions are going to The SPEAKER pro tempore. The gen- stick around for a while; but what you avoidably detained and missed rollcall vote tleman from Minnesota is recognized Nos. 627 and 628. Had I been present, I see in Newtown today is just this over- for 1 hour. abundant love. I mean, within hours, would have voted ‘‘yea’’ on rollcall vote Nos. Mr. KLINE. Mr. Speaker, I yield my- 627 and 628. the fire station was filled with coun- self a moment to briefly offer my selors, filled with public safety per- f heartfelt condolences to the families of sonnel, filled with food, filled with ev- THE JOURNAL Newtown, Connecticut. What happened erything that could possibly support The SPEAKER pro tempore (Mr. at Sandy Hook Elementary School last these families. Those offers of help and WOODALL). Pursuant to clause 8 of rule Friday is simply unspeakable, and we those offers of support have just kept XX, the unfinished business is the as a Nation are devastated by the loss on coming and kept on coming. question on agreeing to the Speaker’s of so many innocent lives. In the face What has also emerged are the sto- approval of the Journal, which the of such tragedy, it is our duty to join ries of what happened that day. Cer- Chair will put de novo. together and honor the memory of the tainly, the tragedy and the horror is The question is on the Speaker’s ap- victims. Let us stand united in offering first and foremost; but underneath that proval of the Journal. our prayers to their families and is heroism, only the beginnings of Pursuant to clause 1, rule I, the Jour- friends. which we know right now. This is a nal stands approved. Mr. Speaker, I yield my time to the great school, first of all. This was the f gentleman from Connecticut (Mr. MUR- best school in Newtown, one of the best PHY) and ask unanimous consent that in the entire State, and it’s because of CONDEMNING THE HORRIFIC AT- he be permitted to control the time. a principal named Dawn Hochsprung. TACKS IN NEWTOWN, CON- The SPEAKER pro tempore. Is there Dawn was a great principal right to NECTICUT, AND EXPRESSING objection to the request of the gen- the end. She was in a meeting when it SUPPORT AND PRAYERS FOR tleman from Minnesota? happened. She told the people in the ALL THOSE IMPACTED BY THIS There was no objection. meeting to run the other way so that TRAGEDY Mr. MURPHY of Connecticut. Mr. she could run directly to the shooter to Mr. KLINE. Mr. Speaker, I ask unan- Speaker, I yield myself such time as I try to disarm him. A young teacher, imous consent that the Committee on may consume. Victoria Soto, had the soundness of

VerDate Mar 15 2010 02:38 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A17DE7.010 H17DEPT1 rfrederick on DSK7TPTVN1PROD with H6816 CONGRESSIONAL RECORD — HOUSE December 17, 2012 mind to tell her kids to hide in the who have been so struck by the devas- gave their lives to protect those chil- closet. She told the shooter that the tation in Newtown, Connecticut. dren that they deal with every day, students were in the gymnasium, some- I strongly support this resolution and that they educate, that they care for, where else in the building. condemn, as my colleagues do, the vi- and that they love as if they were their cious attack at the Sandy Hook Ele- own. b 1920 mentary School and commemorate our To the first responders who put their She didn’t survive, but many of her children and the teachers who were lives on the line to stop the senseless students did because of what she did. struck down in this terrible tragedy. killing in Sandy Hook, we say thank When you start to hear more snippets It is overwhelming. I think all of us you for your courage and for pre- of teachers who got their colleagues at the memorial service last night were venting more young lives from being out the window, of kindergarten teach- overwhelmed. It was a slaughter of the lost, for they too ran into a building ers who huddled their kids, kept them innocent. Every parent and grand- not knowing what they were going to quiet, hummed to them, read them parent sees in the eyes and the smiles face. quiet stories so they wouldn’t be over- and the looks on those children’s faces Moving forward, we in this institu- heard, you start to know what kind of who we lost their own children and tion have to take commonsense, con- community Newtown is, and you start their grandchildren, knowing that structive steps that will help to ensure to understand how Newtown survives. there for the grace of God go I. these types of tragedies will not hap- I feel like I’ve done a lot of talking What happened in Newtown is un- pen again; and they include ensuring the last 4 days, both publicly and to thinkable. A normal Friday morning in better access to quality mental health families and to community members, the midst of a holiday season, Sandy care, strengthening programs so com- and so I want to make sure that this is Hook Elementary School, a place munities will have the necessary men- an hour where those who have been where children should be safe to learn, tal health resources. grieving all across the country can to grow, suddenly without warning be- We’ve heard so much in the last sev- come and share their thoughts as well. came a place of senseless violence. eral days about how we need to secure We’ve offered a resolution tonight Within minutes, the actions of a young the physical plant of the school; and, which expresses both our outrage at and mentally ill man devastated a yes, we need to do that. They need to what happened that day, but also our small town community, broke the be secure, but we cannot turn them great sympathy. It does help to know hearts of millions across the country, into prisons for these young people. I that people from all around the coun- and murdered six teachers and admin- wish and hope that at the same time try, from every congressional district istrators and 20 innocent children, all we’re talking about those kinds of ef- and from every country around the of them between 6 and 7 years old. forts, that we talk about putting a world are grieving with us. Only bits They’re that big. They are that big. mental health professional in our and pieces of that seeps through that Such an unspeakable crime seems schools. That is security, as well as wall of misery that surrounds Newtown impossible to make sense of. How could stationing police cruisers in front of now; but when it does pierce that veil, this young man kill so many innocent? our schools. it helps. How could so many beautiful little an- It means doing everything in our power to prevent guns from falling into We’re going to have a lot of time over gels with their whole lives ahead of the hands of violent criminals, and giv- the next few days and weeks to talk them be taken from their families? ing law enforcement officials the tools about what we do next, and I’m sure They were just babies. They were just they need. we’ll have some of that discussion to- babies. It’s hard to witness such a night. I’ll join that conversation when senseless and evil act and similar acts b 1930 it’s right, and I don’t begrudge any- that some of my colleagues in this The President said last night that body that has it today. It’s important Chamber have faced. In Aurora and caring for our children must be our to talk about how we move forward and Portland, Oakland, Tucson, first task, and we can no longer tol- how we make sure this never ever hap- Blacksburg, Littleton, you can’t help erate these tragedies, and we must pens again. For those of us in New- but feel a despairing of the soul. change. He asked if we are doing what town, we remember those 20 kids and We in this institution cannot afford we can to protect our children, and he those six adults—Charlotte Bacon, that luxury. We need to be strong for said that answer must be no, and we Daniel Barden, Rachel D’Avino, Olivia the families of the fallen in Newtown need to protect them. Rose Engel, Josephine Gay, Dawn and for the families of children all over At a more fundamental level, we can- Hochsprung, Dylan Hockley, Madeleine America. To the Newtown community not let this terrible tragedy harden our Hsu, Catherine Hubbard, Chase and to all of the Connecticut families hearts against our fellow men and Kowalski, Jesse Lewis, Ana Grace and parents and siblings who have been women. In the words of Dr. Martin Lu- Marquez-Greene, James Mattioli, touched by what happened on Friday, ther King: Grace McDonnell, Anne Marie Murphy, our thoughts and our prayers are with Darkness cannot drive out darkness. Only Emilie Parker, Jack Pinto, Noah you. What you are going through is in- light can do that. Hate cannot drive out Pozner, Caroline Previdi, Jessica describable. We can be sympathetic. hate. Only love can do that. Rekos, Avielle Richman, Lauren Rous- We can be empathetic. We do not know So let us honor the fallen in New- seau, Mary Sherlach, Victoria Soto, that sense of despair that you feel, but town by doing everything that we can Benjamin Wheeler, and Allison Wyatt. you must know that our Nation shares to prevent these tragedies in the fu- I’m going to remember those people and mourns your loss. mourns your ture. Let us follow the example of for a long time in Newtown. I’m going loss. those heroes and innocents who per- to grieve with them and their families. I, too, as did my colleague, CHRIS ished. Let’s commit to one another to We’re also going to take their memo- MURPHY, acknowledge the tremendous rekindling our faith and love, compas- ries, the beauty of those kids, the her- heroism of the adults who were killed sion and community. Let’s hold our oism of those adults, and let it point on Friday. Individuals like Principal children and our grandchildren close. us, let it point the strong, close-knit Dawn Hochsprung who ran at the as- Love them and tell them that you love community of Newtown, Connecticut, sassin, told people to run away from them as many times as you are able. let it point us to a way we can survive. him in order to protect her kids and GENERAL LEAVE With that, I’d like to yield 5 minutes the school. The schoolteacher Vicki Mr. MURPHY of Connecticut. Mr. to my friend from the Third Congres- Soto of Stratford, Connecticut, and I Speaker, I ask unanimous consent that sional District of Connecticut, ROSA represent Stratford, Connecticut, who all Members may have 5 legislative DELAURO. in the heat of a terrible moment gave days in which to revise and extend Ms. DELAURO. I thank the gen- her life to protect her students. She hid their remarks and include extraneous tleman, and I thank him for the depth them. She hid them, and lost her life in material on H. Res. 833. of his feeling and the work he has done doing so. The SPEAKER pro tempore. Is there over the last several days, to help to They all died in the line of duty. objection to the request of the gen- bring some solace and peace to families They are heroes and heroines. They tleman from Connecticut?

VerDate Mar 15 2010 02:38 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.022 H17DEPT1 rfrederick on DSK7TPTVN1PROD with December 17, 2012 CONGRESSIONAL RECORD — HOUSE H6817 There was no objection. Mr. MURPHY of Connecticut. I yield of Education last night during the Mr. MURPHY of Connecticut. At this the gentleman an additional 30 sec- interfaith vigil, all of them were talk- time I would yield 5 minutes to the onds. ing about their kids who’d gone gentleman from Connecticut (Mr. LAR- Mr. LARSON of Connecticut. Clio, through Sandy Hook and now were suc- SON). the muse of history, used to sit above cessfully pursuing careers in New York Mr. LARSON of Connecticut. Thank this Chamber. The muse of history’s re- and the west coast and in Connecticut, you, CHRIS MURPHY. sponsibility was to sit there, as you’ll it really just tore the heart out of this We just came from a vigil over on the see the statue in Statuary Hall, with a community. It’s a community where Senate side that Senator LIEBERMAN, book and pen, recording the events of they’ve had one act of homicide over Senator BLUMENTHAL, and former Sen- this Chamber. We are in a unique posi- the last 10 years. And to see those po- ator Dodd were at, and all of us had the tion of responsibility. We have been lice officers come down the aisle after opportunity to be there. sent here to perform a duty; and not having to respond to this unspeakable JOE COURTNEY, when he spoke, spoke only the muse of history, but all the horror and to see the looks on their of our colleague CHRIS MURPHY and the world is watching the United States face and the emotional drain that took incredible job that he’s done for his dis- Congress. place, it really was just something that trict and for our State. When you hear We have a responsibility to respond was just so out of any norm for any him speak on the floor about quin- in the most comprehensive way. This is community, but certainly, in par- tessential New England and the com- an attack of terrorism. This has hap- ticular, for the town of Newtown. munity he represented for 6 years in pened all too often and all too fre- As Chris said, in every instance, Newtown and the little village of quently all across this country. And in whether it was the principal, the teach- Sandy Hook, you understand that this such an attack, we would do every- ers, the parents, the first responders, is a man who truly represents the peo- thing within our power to make sure the caregivers, they rose to the chal- ple of his district and this great State. that no stone was left unturned, to lenge. They did their job. All of us have been shocked by the make sure that we provided every an- Victoria Soto, the teacher who events that have transpired. Many swer and every opportunity that we shielded and literally saved the lives of things will be said. DICK BLUMENTHAL, can, as Rosa said, to protect our chil- at least half a dozen students, was in ELIZABETH ESTY, who’s the Representa- dren. That’s why we take an oath of of- the middle of a lesson when this person tive-elect, have been there for the last fice here. That is our God-given respon- burst into her classroom, 10 minutes 4 days. The whole world has looked in sibility. We must act, and act now. from beginning to end. Since this de- on this horrific event. And parents all Mr. MURPHY of Connecticut. At this bate has started, the event had already across this country and all across the point, I would yield 5 minutes to the reached its conclusion, just in the time world understood implicitly what we gentleman from Connecticut (Mr. that we’ve been here on the floor. For all fear—the unspeakable: the parent COURTNEY). her to think so quickly and to react so describing a trip in an automobile from Mr. COURTNEY. Mr. Speaker, again courageously is an act of human excel- Bridgeport to Newtown, racing to get I want to just begin by saluting my lence that I think all of us will wonder there to see whether their child was colleague from Connecticut, CHRIS whether or not we ourselves could have alive, had survived, and the joy when MURPHY, who over the last 72 hours has possibly done the same. they were able to see their kids; and been the voice of the community of Her example, the example of the po- the complete and utter despair when western Connecticut, and Newtown in lice and the EMS, the example of the your child was not one of the kids who particular. He has handled his role in doctors and nurses who responded so came out. And CHRIS MURPHY and DICK that capacity with poise and good deco- quickly, frankly, I see that as a chal- BLUMENTHAL and ELIZABETH ESTY, our rum and taste. It really is something lenge to this Congress. They acted. colleagues, were there. that I think we should all, in this They did what they were supposed to These first responders who came on Chamber, be so proud of. do. And as the President said last the scene and prevented the loss of I would also want to mention that he night, if you believe that the measure more lives deserve our unending did it as a father of someone who has a of a society is how we protect our chil- thanks. The great coordination by our 4-year-old son, Owen, who I’m sure was dren, if you’re honest, you have to an- State police and local police, every- seeing all around him the events that swer that we really are not doing all thing that transpired, all the volun- were unfolding, the unspeakable horror that we can do, and, frankly, it is time teers that participated; the teachers, again in the eyes of a parent of a child for us to follow the example of the Vic- the professionalism that they exhib- really of the same age group. Again, we toria Sotos and to act. This resolution ited, the execution of a drill that they are just so lucky to have had his amaz- tonight is so important to begin that had been through time and again; and, ing leadership over the last 3 or 4 days. first step. But the fact of the matter is as Rosa talked about, the principal and The President last night opened his that there is much more that needs to the teacher who sheltered her children remarks about how the town of New- be done. and gave her own life. These are dif- town is really like many communities This morning, as I was driving to the ficult things. in America. To a point, it’s true. It’s airport on the back roads of Con- As Chris has so eloquently said, we’re 29,000, tight-knit, a very small town. necticut, I went by a number of ele- seeking answers and know that we But it is a town that, frankly, is above mentary schools. At every single one of must move on. And where do you find average in many instances. them, there was a police cruiser at the entrance. Again, the State police and the strength? We found the strength in b 1940 a great leader, in a Governor, Dan the local police departments, I think, Malloy, who’s been there all 4 days and It is a school system that scores at were being very thoughtful. They beyond. the absolute top of the Mastery Test in wanted to make sure that when the At the vigil last evening where the the State of Connecticut. And that parents and kids were going to school, President spoke in an ecumenical gath- doesn’t happen by accident. It’s be- they felt safe, and that after all they ering, he said: cause it has parents and staff that, had seen on the TV over the weekend, As winter approaches and snow begins to year in and year out, have been so com- it was okay to go in the entrance of fall, I will always think of these children as mitted to making sure the children their schools. But that is not an an- precious snowflakes during this winter of succeed and excel, and it has been a swer. To say that we are going to turn events. But I am heartened by the fact that model for the State of Connecticut and our schools into fortresses is not where every spring when the flowers bloom, we will for our country when education really we should be as a Nation. We need to think of their precious memory as well. still is, I think, probably one of the go deeper in terms of solving this prob- Our President said that the people of most important challenges that we lem of mass killings and of violence Newtown were inspirational. Indeed, need to succeed in as a country. that now, again, is striking at the most they are. For this event to happen at Sandy innocent in our society. The SPEAKER pro tempore. The Hook Elementary School, a school I look forward to working with the time of the gentleman has expired. that, when I was sitting with the Board gentleman from the Fifth District over

VerDate Mar 15 2010 02:38 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.025 H17DEPT1 rfrederick on DSK7TPTVN1PROD with H6818 CONGRESSIONAL RECORD — HOUSE December 17, 2012 the next few days, and when he takes sibility one to each other—there’s a since 2007. In 1999, in my second term of his new duties as the new Senator from clear answer to that ancient biblical Congress, I dealt with the devastation the State of Connecticut, to make sure question, ‘‘Am I my brother’s keeper?’’ of Columbine, which is now in my dis- that the people in that room last night And that answer is, ‘‘Yes.’’ trict. Just this summer, I stood here who were listening to the President, So I don’t think there’s any risk that like the Connecticut Representatives. the people in our State, the people in we can’t act, but I think that there is The SPEAKER pro tempore. The our country, the people in the world a profound risk that, just as after Au- time of the gentlewoman has expired. that are now watching us, that we rora, just as after Oregon, just as after Mr. MURPHY of Connecticut. I yield make sure that we deliver, just like the Columbine, we won’t act. And that’s the gentlelady 30 additional seconds. brave people of the town of Newtown not good enough. Ms. DEGETTE. I stood right here did over this past weekend. I’ll tell you how I’m going to chal- with my Representatives from Colo- Mr. MURPHY of Connecticut. I yield lenge myself. I’m going to imagine rado, like the Connecticut delegation, 5 minutes to the gentleman from Con- Noah and Jack, 6-year-olds who nobody and mourned our friends in Aurora. necticut (Mr. HIMES). really knew. I didn’t know them. Their And now again we stand here. Mr. HIMES. I’d like to begin by parents didn’t really know them— We can start by passing a bill this thanking my friend and colleague from didn’t know where they’d go to college, week to ban high-capacity ammo clips, Connecticut, Congressman MURPHY, what they’d grow up to be, who they’d the same kind this killer used and the not just for introducing this legisla- take to a prom. I’m going to imagine same kind the killer in Aurora used. tion, but for his strength of spirit as he them standing right here—and that’s My colleague and friend, CAROLYN has comforted some people who have not hard for me, with a 10-year-old and MCCARTHY, and I have a bill to do just lived through something that none of a 13-year-old at home—looking up and that, and we’re going to urge the Re- us would ever want to live through. asking, ‘‘Will you do it?’’ publican leadership to do that this As Congressman MURPHY noted, Noah Mr. MURPHY of Connecticut. May I week. But after that, we have to have Pozner, a 6-year-old boy, was buried inquire as to the time remaining? that conversation as parents, as neigh- today, as was Jack Pinto, another 6- The SPEAKER pro tempore. The gen- bors, as friends, and the custodians of year-old boy. I looked at the photo- tleman has 33 minutes remaining. those 20 courageous little souls and the graphs of the parents at those funerals Mr. MURPHY of Connecticut. Thank adults who tried to protect them. and tried to imagine the bottomless you, Mr. Speaker. Mr. MURPHY of Connecticut. At this grief, the anger, the questions they We’ve got a number of speakers, so time I yield 1 minute to the gentlelady must have. Of course, that’s impos- we’ll try to give 11⁄2 minutes to as from Illinois (Ms. SCHAKOWSKY). sible. At the very front of those ques- many as we can. Ms. SCHAKOWSKY. As a mother and tions is the question of, ‘‘Why?’’ That I yield 11⁄2 minutes to the gentlelady grandmother, I offer my words to the is something that we’ll all struggle from Colorado (Ms. DEGETTE). mountains of condolences to the fami- with individually, reverting probably Ms. DEGETTE. ‘‘Not again.’’ We all lies of the 20 children and the six he- only imperfectly onto the tenets of our said it to ourselves in the split second roic adults in Newtown, Connecticut. faith as we consider how this sup- we heard it on Friday, ‘‘Not again.’’ All of America is mourning with you, posedly benevolent God could allow Then, when we heard about the vic- but we owe you more than our grief this sort of slaughter of innocents to tims, we knew it was different. Twenty and our condolences. happen. We won’t answer that ques- little children slaughtered in their It is almost unthinkable that a tion. classroom. In our sadness, we know our school could be the scene of such hor- Last night, with the President and society bears responsibility because we ror. Parents across the Nation are wor- my family, by which I mean my col- have not done enough to protect our rying about how to keep their own leagues from Connecticut, as we lis- children. children safe, and the terrible truth is tened to the President and listened to that children in the United States are 1950 the sighs and the gasps of the families b 13 times more likely to be killed by in the community of Newtown, it’s We have not been able to get a grip gun violence than children in other in- clear there’s no answer to that ques- on the increasing incidence of gun mas- dustrialized countries. tion of ‘‘Why?’’ A line of poetry kept sacres, and because of that we have We need to close the gun show loop- running through my head. Thomas failed our children. hole and require criminal background Hardy, in one of his poems, asked: In the wake of Newtown, this country checks for anyone purchasing a gun—a How arrives it joy lies slain, And why must really have a conversation about proposal supported by 74 percent of unblooms the best hope ever sown? our views on violence, our views on NRA members and 96 percent of all We won’t answer that question, but guns, and how we’re going to respond Americans. We must outlaw assault that question and its unanswerability to people who are obviously mentally weapons and high-capacity ammuni- will transform itself into a burden that ill. Certainly through that conversa- tion clips. These are weapons of mass we all will and must bear. By ‘‘we all,’’ tion we can find consensus around rea- destruction made for the military bat- I mean every citizen of this country, sonable solutions to keep these killing tlefields, not our neighborhoods. but particularly those of us who are en- machines out of the hands of impaired It is time to grieve. It is time to act trusted by our constituents with one individuals. to end the gun violence before we lose thing, which is to make sure that this There’s not one magic solution. It’s more of our precious children and loved does not happen again. And I don’t not one thing. It’s many things. It ones. think there’s any risk at all that we starts by us having inward conversa- Mr. MURPHY of Connecticut. Mr. can’t do that. tions with ourselves and our families. Speaker, at this point I yield 11⁄2 min- In a country awash in guns—and not It then starts by creating a more com- utes to the gentlelady from New York just guns for the hunter or the person prehensive and effective mental health (Mrs. MCCARTHY). who wishes to protect him- or herself, system. Then we have to have a mean- Mrs. MCCARTHY of New York. I but guns that were designed with the ingful conversation about gun violence want to thank my colleague. I know explicit purpose of killing as many peo- in our country. We are never going to what you’re going through. I know ple as rapidly as possible; not in a be able to stop a deranged individual what your district is going through. country that has raised violence to a from going into a school or a movie And I want you to know that the peo- secular religion, to a pastime, to a theater or a shopping mall to shoot ple of the United States of America are hobby, to a solution to our problems; people; but if you limit the weapons saying their prayers for all of your con- and not in a country that seems to and the ammunition available to them, stituents and certainly for the chil- have forgotten that it’s not just our you can give the people in their sights dren. close families, it’s not just the small some fighting chance to stop that kill- I rise in support of H. Res. 833. As Connecticut delegation that is a fam- er. someone whose family has been a vic- ily, but that we are a national family Of the 12 deadliest shooting mas- tim of gun violence, my heart goes out and that we have obligations of respon- sacres in history, six have occurred to the victims and the families of this

VerDate Mar 15 2010 02:38 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.026 H17DEPT1 rfrederick on DSK7TPTVN1PROD with December 17, 2012 CONGRESSIONAL RECORD — HOUSE H6819 horrific tragedy. I know what it’s like each of us is so resilient. We must use and we have only to do it before year’s to lose someone you love, and I offer that resilience to not only grieve to- end. my deepest sympathies and our prayers gether at this really difficult time, but Mr. MURPHY of Connecticut. Mr. for those who have been affected. To be to work together to prevent yet an- Speaker, at this point, I yield 11⁄2 min- very honest with you, I know that vic- other devastating act of violence and utes to the gentleman from New York tims across this country that have to be shattered once again. (Mr. ENGEL). been affected by gun violence, they are We should act, and I join my col- Mr. ENGEL. I thank the gentleman with you and they will be with you. leagues in a willingness and a commit- for yielding to me, and I thank him for It breaks my heart to think of the ment to do so. doing this Special Order. holidays coming up, and Christmas, Mr. MURPHY of Connecticut. I yield Mr. Speaker, I have been to New- and the children not going to be there 11⁄2 minutes to the gentlelady from town, Connecticut, since I have cousins to open up their gifts, the parents Maryland (Ms. EDWARDS). who live there. It’s less than an hour’s going to their bedrooms and not seeing Ms. EDWARDS. I thank the gen- drive from my congressional district. anybody there. tleman from Connecticut for your lead- Today, we mourn all the people who I know there are an awful lot of un- ership, and I share in your absolute lost their lives in Newtown on Friday, answered questions right now, and sorrow, and to honor the memory of including 20 elementary school chil- those answers will come soon. But I the 20 children and six educators who dren and six educators. have to say, as some of my colleagues lost their lives in this really horrific Over the past few years, we’ve seen have said: Enough. Enough. More peo- attack at Sandy Hook Elementary innocent lives tragically lost to gun vi- ple have died in the last several years School in Newtown, Connecticut. My olence in a supermarket parking lot in than the whole Vietnam war. More peo- thoughts and prayers are with the vic- Arizona, a shopping mall in Oregon, a ple are injured. tims and their families and our first re- movie theater in Colorado, an Army I will just say the first responders, sponders, and all of those both in New- base in Texas, a Sikh temple in Wis- the police officers, our prayers will be town and across this country who were consin, a college campus in Virginia, there. And I swear to God I will do ev- affected by this tragedy. and now an elementary school in Con- erything in my power to make this a First, as a mother, my heart truly necticut. The proliferation of combat- safer country for our children. aches for the parents who lost their style weapons has spawned these trage- Mr. MURPHY of Connecticut. I children. Young and old lost their fu- dies, and it is long past time that we thank the gentlelady. ture. But as a Member of Congress, I control them. At this point I yield 11⁄2 minutes to also know that we’re not doing nearly The Second Amendment guarantees a the gentlewoman from Pennsylvania enough to protect our children and to right to bear arms, but it does not (Ms. SCHWARTZ). protect our communities from gun vio- guarantee an absolute right to mili- Ms. SCHWARTZ. The Sandy Hook El- lence. In cities and rural areas, schools, tary-style, high-caliber, semi-auto- ementary School shooting was shat- offices and homes, this has happened matic, bulletproof-vest-piercing com- tering for Americans everywhere. For far too many times in far too many bat assault rifles with high-capacity such an unspeakable act of violence to communities all across our country. magazines to anybody who wants take place at an elementary school—a In my district alone there have been them. place of safety, learning and lively over 160 incidences of gun violence this It just does not. And we must not let spirit—was devastating. My own sons year. Forty-six people in my district interest groups persuade us otherwise. are grown, but my memories from their have lost their lives to gun violence We need sensible restrictions. We need first days at school are still very vivid. this year. I think about 6-year-old sensible gun control legislation. We The shooting was both a deeply per- Amari Perkins, who lost his life to gun need them here, and we need them now. sonal family tragedy and a tragedy for violence just miles from the Nation’s Our children are counting on us, and the community of Newtown and for our Capitol, and 17-year-old Amber Stan- we really need to not let them down. Nation. I, along with all American par- ley, who lost her life to gun violence. Mr. MURPHY of Connecticut. At this ents, feel the loss personally. It This is a really complex problem that point, I yield 11⁄2 minutes to the gentle- brought not only tears, but also deep requires complex policy solutions, but woman from California (Ms. ESHOO). sadness. The youngest victims were 6, the complexity should not keep us Ms. ESHOO. I thank my colleague, 7. It’s unacceptable. from doing what it is that we need to Congressman and Senator-elect from We feel the loss of each child, so in- do to protect our children, whether the State of Connecticut, CHRIS MUR- nocent, so joyful—their hopes, their those children are in Newtown or any PHY. dreams and their potential never to be town across this country. The question There have been many magnificent fulfilled. We mourn the loss of the I think we have to ask ourselves, Mr. and heart-rending tributes being paid teachers and staff who were a comfort Speaker, is how many more tragic and this evening, and how appropriate it is to their students and who did all that senseless acts of violence have to take that they are. On behalf of my con- they could to protect them. My place before Congress is compelled to stituents in the 14th Congressional Dis- thoughts and my prayers are with each take truly meaningful action? trict in California, I hope that our of the families and all of Newtown. did words and our prayers and also our fu- b 2000 all that they could to protect them. My ture actions will be a source of comfort thoughts and my prayers are with each We must do all we can by working to- to the parents of the victims and to the of the families and all of Newtown. gether to ensure people are safe in community of Newtown, Connecticut. We have seen far too many moments their schools, that our children are It is appropriate that we offer our of violence and loss. This loss is too safe, that our educators are safe and prayers and our sympathy, but that’s devastating to ignore. I believe that our neighborhoods, our public spaces not enough. That is not enough. It is in even in this time of deep sadness and and our houses of worship all through- this Chamber and in this Congress grief we must resolve to end such vio- out our communities. we’re together. We can, indeed, make lence. We must do better to understand To my colleagues of the Connecticut the changes that the American people, and treat mental illness. And we must delegation and especially to Mr. MUR- in their anguish, are looking for. come together to move our Nation to- PHY who represents Newtown, my I can’t help but think of the words of wards commonsense, reasonable gun thoughts and prayers are with each of Abraham Lincoln’s Gettysburg Address laws, laws that recognize the responsi- you during this really difficult and in- when he said: bility of gun ownership and ensure comprehensible time. But be assured The world will little note, nor long remem- safety and security in our homes and that as a Member of Congress, I’m ber what we say here, but it can never forget our schools and our communities and going to work with you, I’m going to what they did here. It is for us the living, in our public spaces. continue to pray with you, and I’m rather, to be dedicated here to their great One of the Nation’s greatest going to make certain that this doesn’t unfinished work. strengths that we have as Americans happen again because we have an obli- And so the massacre of these angels and as a people is that our Nation and gation, we know what our to-do list is, should really inspire us to take on the

VerDate Mar 15 2010 02:38 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.028 H17DEPT1 rfrederick on DSK7TPTVN1PROD with H6820 CONGRESSIONAL RECORD — HOUSE December 17, 2012 job of what really needs to be done in in this world until they experienced it sponsibility to protect our children, our country. Will we be able to resolve firsthand on Friday. our families, and our neighborhoods. every last problem that this violence What gives us hope is that there was As the men, women, and children of has brought about in our country? I also love and bravery in the actions of Newtown join together to comfort one doubt that. Can we take great steps to the adults, the educators and first re- another, to overcome the anguish and avoid what we know has taken place in sponders who acted selflessly and hero- sorrow that has broken their hearts, public places, in shopping malls, in ically. We will forever remember all of they should know that an entire coun- theaters, on college campuses, and now them and pledge that their purity and try is by their side, extending our pray- for where the little angels go to school? spirit will be our guiding light to act to ers and love and are committed to ac- I pledge not only to my constituents protect our children and our commu- tion. The senseless cruelty and un- but to the Connecticut delegation and nity. speakable violence that was inflicted to the people of our country that I will Mr. MURPHY of Connecticut. I upon the people of Newtown and took do everything possible to help resolve thank the gentlewoman. the lives of these precious angels have this. We know that they are living in At this time, I yield 11⁄2 minutes to changed our Nation forever. the sight of Almighty God, but our the gentleman from Florida (Mr. We honor the acts of bravery, we cel- work is truly our own, and it will be DEUTCH). ebrate the lives, even those cruelly the hand of God that will guide us. I Mr. DEUTCH. I thank my friend from short, of those we lost; and we now believe that. Connecticut. must embrace our solemn duty and Mr. MURPHY of Connecticut. I I rise tonight to join all Americans in moral responsibility to take action in thank the gentlewoman. grieving for the innocent children and honor of the memory of the lost angels. At this time, I yield 11⁄2 minutes to brave adults horrifically slaughtered at They deserve nothing less. the gentlelady from California (Ms. Sandy Hook Elementary School last Mr. MURPHY of Connecticut. I thank the gentleman. CHU). Friday. What happened in Newtown, I yield 11⁄2 minutes to the gentleman Ms. CHU. This Friday, an unimagi- Connecticut, is every parent’s worst nable horror happened. The most inno- from Michigan (Mr. CURSON). nightmare. Every parent who sends a Mr. CURSON of Michigan. Thank cent amongst us, 20 beautiful children, child off to school each morning takes you, Congressman. ages 6 and 7, were gunned down in cold a leap of faith that he or she will be A few weeks ago, my grandson stood blood, and six adults died trying to home that night for a hug, a family right here with me when I took my save these children’s lives. My heart dinner, and for a kiss goodnight. oath of office, one of the proudest mo- breaks for these families, and I send For my wife and me, our three chil- ments of my life. my deepest sympathies to the Newtown dren are the center of our lives. Words Just hours before this horrible act in community and to all who are strug- cannot express the sorrow that we Connecticut took place, Michigan’s gling through this unthinkable trag- feel—that all Americans feel—for the lame-duck legislators rewrote Michi- edy. families whose children were so vi- gan’s gun laws to permit persons to Sandy Hook made clear what we’ve ciously taken away. bring concealed firearms into schools, known for too long: that we are not Tonight, the American people are college dorms, churches, hospitals, doing enough to protect the public united in grief. In the coming days, a bars, and sports stadiums. from deadly weapons, that we are not national conversation will take place Firearms have absolutely no place in doing enough to address mental health on how to make our Nation just a little our schools. The tragic massacre at issues in our society, and that we are bit safer, and we must remain united. Sandy Hook Elementary school is a not doing enough to stand up to those Never mind that some will feel threat- chilling and heartbreaking reminder of who are actually saying that more ened by this conversation and others this. Last week, innocent children, ba- guns, not less, are the solutions to will try to stop it altogether. bies, went to school to a safe place mass shootings. This unspeakable crime was driven where they love to be. Six public serv- This must change. For the sake of by unspeakable evil. Yet when it comes ants went to school to the children our children, I say enough is enough. to preventing such heinous acts, noth- they love almost as much as their own. Congress must act to put a stop to this ing should stop us from speaking out; Those six heroically died trying to save senseless gun violence. but more than that, nothing should those precious gifts from God. Twenty Mr. MURPHY of Connecticut. I stop us from taking action. By pre- of those babies were savagely mur- thank the gentlewoman. venting another massacre, by stopping dered. At this point, I yield 11⁄2 minutes to this rampaging gun violence, we will We’ve witnessed this horrendous the gentlewoman from California (Ms. honor the memory of every 6- and 7- tragedy before. Thirty-two innocent MATSUI). year-old child and every brave member people were shot to death at Virginia Ms. MATSUI. Mr. Speaker, I rise this of the Sandy Hook community we Tech; 16 were murdered at the Univer- evening to pay tribute to the innocent mourn for this evening. sity of Texas in Austin; 13 students and victims who were tragically struck Please, please let us do more than faculty were murdered at Columbine down in Newtown, Connecticut, and to talk. Please let us do more than give High School. condemn in the strongest possible speeches. Let us come together to act I support reasonable gun ownership, terms the senseless act of violence that to make America safer. but this bill is unnecessary and goes claimed their lives. way too far. Senate Bill 59 is now sit- b 2010 That so many victims were young ting on Governor Snyder’s desk. In the children who had their entire lives Mr. MURPHY of Connecticut. I spirit of this resolution, I ask the Gov- ahead of them makes the shooting even thank the gentleman. ernor on behalf of Peyton and Parker, more heart-wrenching. The children I yield 11⁄2 minutes to the gentleman my grandchildren, on behalf of all were so young. We saw in each of them from Rhode Island (Mr. CICILLINE). Michigan children, that he use his our own children, our grandchildren. Mr. CICILLINE. I thank the gen- power of veto and not sign that bill. They really are America’s children. tleman from Connecticut. And on be- Mr. MURPHY of Connecticut. I Jack Pinto, 6 years old, the same age half of all the residents of my home thank the gentleman. as my grandson, Robbie. He was a huge State of Rhode Island, I extend our pro- At this point, I yield 11⁄2 minutes to New York Giants fan and today was found sympathies to our neighbors in the gentleman from Georgia (Mr. buried in a Giants jersey. And Noah Newtown, Connecticut. SCOTT). Pozner, who is also 6, whose best friend As we stand here this evening, Mr. DAVID SCOTT of Georgia. La- was his twin sister, Arielle, who was in mourning the innocent victims of this dies and gentlemen of the Congress, the another class and survived, though I’m horrific massacre, our hearts ache for Lord Jesus said, Suffer the little chil- sure she felt she lost her other self. the parents and families who have en- dren to come unto me, for they are the These children were truly innocent, dured an indescribable loss. We stand kingdom of Heaven. But Jesus didn’t mostly knowing in their short lives united as members of one community stop there. He spoke, and then he just joy and little about the brutality who share in the vital and solemn re- acted.

VerDate Mar 15 2010 02:38 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.030 H17DEPT1 rfrederick on DSK7TPTVN1PROD with December 17, 2012 CONGRESSIONAL RECORD — HOUSE H6821 He first rebuked his disciples, tainly all of our responsibility. The need to limit them. That’s something brought the children to him, picked President, I believe, has to take the we can do right now in this Congress each child up in his arms, put his hand lead, and he has begun to do that. We before we leave. on them, prayed with them, and then also have to reach out to our entire There are some who say that any blessed them. And just as Jesus spoke communities. I know that there are limitation on guns—weapons of mass and acted, the people of this country differences throughout this country. Of destruction—somehow limits their lib- are expecting this Congress to speak, course there are. It’s not even so much erty, but they have to realize that but to act. The first order of business is partisan differences. It’s geographic in their access to these weapons of mass to make sure that this kind of tragedy some cases. It’s the way that people destruction limits the liberty of other never happens again. The first order of have chosen to live and their back- people. It means that we need to lock business is to ban, to make illegal to grounds and what they do. more doors, that we need metal detec- own, manufacture, sell, or possess this But I think that we would be pretty tors everywhere, that we need guards, deadly weapon that was used to mas- surprised if we had the kinds of meet- that we need more protection even in sacre these 20 children and these six ings throughout this country to allow movie theaters, even for children in educators, two 23 Bushmaster semi- that conversation to take place be- school. automatic assault weapons. If we are cause parents throughout my district— We need to bring change. This bill going to honor those children who were and I know throughout the district of would bring change. This is something massacred, we need to make sure that all of my colleagues—want to say we can do right now to show America that weapon will never be used again. something about how we can do better. that we respect the Second Amend- If we do not do that, then this Con- I believe we can. If we can’t, then what ment. We’re not infringing on law-abid- gress needs to hang its head in shame. are we about? ing citizens to have their pistols. What Mr. MURPHY of Connecticut. Mr. I thank the President for his com- we are saying is that these large-capac- Speaker, I inquire as to how much time ments. I thank my colleagues, because ity magazines that are used in war can- I have remaining. I wonder could I have responded as well not be used on our schoolchildren in el- The SPEAKER pro tempore (Mr. as they have done through this. And I ementary schools. Let’s come together FARENTHOLD). The gentleman has 14 certainly express my profound sorrow in a bipartisan way and pass this bill. minutes remaining. to the families who are enduring the Mr. MURPHY of Connecticut. I Mr. MURPHY of Connecticut. Mr. absolute unthinkable. We are all par- thank the gentlelady for those words. Speaker, at this point, I yield 11⁄2 min- ents and grandparents here, and we do I am so pleased to have joining us on utes to the gentleman from Michigan identify, and we want to make a dif- the floor the Democratic leader. I yield (Mr. CLARKE). ference. the customary 1 minute to the gentle- Mr. CLARKE of Michigan. Mr. lady from California (Ms. PELOSI). b 2020 Speaker, of all the horror this country Ms. PELOSI. I thank the gentleman has had to endure, there’s something Mr. MURPHY of Connecticut. At this for yielding. else that is tragic, and that is too point, I yield 3 minutes to the gentle- I rise in support of his very impor- many times someone who is mentally lady from New York (Mrs. MALONEY). tant resolution—to condemn the acts ill can only get treatment once they’re Mrs. MALONEY. I thank my wonder- of a lone gunman in Newtown, Con- arrested and locked up. Treating the ful colleague and dear friend for yield- necticut, and to offer condolences to mentally ill only when they go to pris- ing to me, and I congratulate him on the families and members of the com- on, it doesn’t make sense. It costs too his election to the United States Sen- munity. much money, and many times that ate and for responding so beautifully to I join him in the words of this resolu- treatment comes too late. his constituents and to all of us in re- tion of saluting the courage of the I’m asking this House and this Con- sponse to the terrible tragedy that hap- teachers and administrators who gave gress this week to protect all of the pened. their lives to save the children in their funding for mental health treatment After the unfathomable tragedy, care and to thank the first responders and substance abuse treatment, protect there is a growing determination and who arrived on the scene to not only all of the funds from across-the-board consensus that there has to be change. get survivors to safety but to end the cuts that could occur as a result of the We also realize that if there is no succession of killings that were hap- fiscal cliff. I also ask all of us as Amer- change then we are destined to have pening. Those first responders, Mr. icans to finally end the stigma of men- yet another mass murder. This time, Speaker, leave their homes every day tal illness and substance abuse so that the mass murder was of children—ele- knowing they’re going to face danger, those who need treatment will no mentary school children, in their and they did that day as well; but in longer feel ashamed to seek it. school with their teachers—gunned the face of it, they were heroic, as were Mr. MURPHY of Connecticut. I down with an assault weapon. There the teachers and a counselor and the thank the gentleman. are too many mass murders in this principal of the school. At this point, I yield 11⁄2 minutes to country. We have more guns per capita This has all been made very clear to the gentlelady from California (Mrs. than any other country on Earth. If us by our colleagues: Congresswoman DAVIS). guns made people safer, this country DELAURO for whom children and the Mrs. DAVIS of California. Mr. Speak- would be very safe, but what we have prevention of violence has been a pri- er, I certainly want to thank my col- are innocent people being killed with ority for her; of course, Congressman leagues from Connecticut for the way assault weapons. MURPHY, Senator-elect Murphy, who in which they’ve conducted themselves Now, assault weapons are not used to represents this district with such dis- through this horrific tragedy that the kill animals, and they’re not used in tinction and such compassion; Con- whole country has experienced. self-defense. These are weapons of war. gressman COURTNEY; Congressman Mr. Speaker, I came to sit and listen When we return in January, Senator JOHN LARSON; and Congressman JIM and to be here to support my col- FEINSTEIN and our colleague CAROLYN HIMES. All of them spoke with such leagues, but I did want to say a few MCCARTHY will be reintroducing the as- beauty at our service earlier, at the words because I had an opportunity to sault ban bill; but something we can do candlelight service. It was so moving speak with the press in San Diego over right now, before we leave this body, is to hear their connections to the people the last few days. to pass H.R. 308. We now have, roughly, there. Their words were universal. I’m almost haunted by the question 150 cosponsors. What this bill would do As the President said last night, this that I was asked, which was, Isn’t this is ban massacre magazines. These are could have been happening any place. all just going to go away? People will the large-capacity magazines that can We can’t tolerate this anymore, he get on with their lives, and a period of have 100 rounds be limited to 10 rounds. said. These tragedies must end, and to time will commence and maybe some- They’d have to stop and reload. That’s end them we must change. thing else horrible will happen again. what saved people in the movie the- To change our Nation is already be- What is it that we can do? I think it ater: He had to stop; it jammed. These ginning—to reassess the options before is a collective responsibility. It is cer- magazines can gun down people, and we us. Leaders from both parties have

VerDate Mar 15 2010 04:19 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.032 H17DEPT1 rfrederick on DSK7TPTVN1PROD with H6822 CONGRESSIONAL RECORD — HOUSE December 17, 2012 stepped forward to put forth a series of So I really transform my thinking timing we have a problem with. Far steps on the table—from restoring the about how fragile life is. This was a too soon, far too many, for a reason ban on assault weapons and assault natural disaster. What happened in that we can do something about. magazines to strengthening the system Newtown, Connecticut, was a personal So I commend my colleagues for how of background checks. Again, we must decision about someone whose judg- they came together, led by the commu- address the challenge of mental health ment was thoroughly impaired. How nity coming together, the community and keep weapons out of the hands of could he do it? Because he had his own of Newtown and Sandy Hook, such an those in danger so as not to do harm to problems. How could he do this? Be- inspiration to the country, so strong, themselves and to others. cause he had the guns. He had the as- so courageous, so sad. Let’s show them The voices of reason cannot be silent. sault magazines to do it. That’s how he that not only do we offer words, we Through administrative and legislative could do it. offer action, and that action will take action, we must limit the proliferation the form of passing this legislation to b 2030 of weapons ammunitions that have no ban assault magazines, to do so in a other purpose than to kill citizens. Our So let’s at least try to mitigate, for timely fashion, so that in a non-un- colleagues through the course of the circumstances that we may not be able timely fashion we won’t lose any more evening—and Congresswoman MALONEY to control entirely, the mental condi- lives. just before me—talked about legisla- tion of someone, but at least limit the Again, I want to commend the Presi- tion that we could pass immediately, capacity to kill that that person has. dent for his beautiful words, mostly to that which the American people expect Just hearing the reaction to the ex- the families last night and to the com- us to do, and that is to ban assault pressions of sympathy to the families, munity, and the source of strength and magazines. Of course, we want to ban to see the President read the names inspiration he was. He challenged us to assault weapons but also ban assault and hear the sobbing, this is something act. Let me just say it again: ‘‘We can’t magazines. proliferation of weapons that will scar our country. If we can do tolerate this any more,’’ he said. ammunitions that have no other pur- something to prevent it from hap- ‘‘These tragedies must end; and to end pose than to kill citizens. Our col- pening again to this extent, maybe we them, we must change.’’ leagues through the course of the can’t prevent it all from happening, Thank you, Mr. MURPHY, for your evening—and Congresswoman MALONEY but if we’re going to take care of our leadership. just before me—talked about legisla- people, we have to take care of them in Mr. MURPHY of Connecticut. I tion that we could pass immediately, many ways—address the issue of vio- thank the Leader very much. I thank that which the American people expect lence, address the issue of mental very much my delegation. And I thank us to do, and that is to ban assault health, address the issue of where men- all who have come down this evening magazines. Of course, we want to ban tal health and assault magazines comes to publicly express their support for assault weapons but also ban assault together. the families of Newtown to help paint magazines. Some people are calling them high us a path forward; and thank you very Why is it that somebody needs a capacity or whatever. They’re assault much, everyone, for your private words magazine with 20 shots in it and could magazines. They make every weapon as well. have two of those, and then 40 lives are an assault weapon that they are com- I’ll leave everyone with just two final at risk? Why is it? I’m not even asking patible with, whether it’s a pistol or thoughts. First, a thought about New- that rhetorically. I’m asking it of rifle or whatever it is. So yes, we want town itself. those who are advocating that we to ban assault weapons, but these as- Newtown is a small town. It’s a small shouldn’t make this change. Haven’t sault magazines make every weapon town that is very close-knit. As I’ve we crossed a threshold when children that they are compatible with an as- said a number of times over the past in school are not safe, when people who sault weapon. few days, the pride of Newtown is the go to the theater in Aurora have some- It doesn’t take a whole lot to figure Labor Day parade. It’s the biggest one come in and just kill them? I out what we need to do immediately, Labor Day parade in the State, and mean, just to use those words is very and then maybe do more later. But hard. people from all over the State come to wouldn’t that be a comfort to these I don’t know what words we could Newtown on Labor Day. Everybody in ever use to comfort the families of families to know that although they town spends half the year getting their Newtown, Connecticut. As a mother lost their babies, their little angels, float or their marching contingent and a grandmother, I find it—you said their precious darlings gone to heaven, ready—the school groups, the churches, ‘‘unfathomable,’’ Congresswoman that something would come of it to the community and civic groups. It’s a prevent this from happening to others. MALONEY—unspeakable, unthinkable, slice of Americana out of a Norman just impossible to imagine how they go I always wondered in the Bible when Rockwell painting. And that’s New- forward; but hopefully, God will give Christ says: town. That’s particularly Sandy Hook. them the strength and the courage to Suffer little children, and come unto me. And the closeness of this community, do so. Suffer little children, and come unto me. it makes the grief even deeper because It reminded me of a time before I was I guess it was an interpretation of everybody knows everybody. When a in Congress. I had the invitation of the word ‘‘suffer,’’ allow little children school, a community school has this President Carter to visit Italy with a to come unto me. But Christ was call- many lost lives, it touches a little bit delegation—with Geraldine Ferraro, ing children to Him. He used the word deeper. Italian American Members of Congress, ‘‘suffer.’’ But I think it also paints the path Mario Cuomo, etc. We went there to de- These children, their lives are gone. forward to recovery because people are liver assistance from the United States Their families are suffering. The other so close, because you don’t have to go Government after an earthquake in children in the school, in the neighbor- too far to have somebody be able to southern Italy. In one of the villages hood, children who just have heard reach out and grab your shoulder in we visited, there was a rehearsal for about this, they’re suffering, too; suf- order to give you a little bit of a boost, first communion going on in the fering about what it feels like to go to a pathway back. The closeness of New- church, so just about every 7-year-old school and not be sure you’re safe, town makes it hurt more, but the in the village was in church, practicing staying up at night being sleepless in closeness of Newtown will also make us for first holy communion. When the terms of being scared of what could heal as well. earthquake hit, the roof came down, happen. We’ve got great leaders as well. Gov- and every 7-year-old in the village was Let’s stop the suffering of our chil- ernor Malloy was on the ground within gone. It was impossible to console the dren, whether it’s taking their lives, hours, and he basically has not left and people there. Not only had they indi- scaring them from going to school or has not slept. Pat Llodra, the first vidually lost their children, which is keeping them up at night, giving them selectwoman, has been just an inspira- unthinkable, but the whole town had nightmares over their safety. These lit- tion. The superintendent of schools, lost that class—their future, their new tle children did suffer, and they did go the police chief, and the all-volunteer growth, their hopes, their babies. on to heaven, a better place. It’s the fire department, these men and women

VerDate Mar 15 2010 03:00 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K17DE7.034 H17DEPT1 rfrederick on DSK7TPTVN1PROD with December 17, 2012 CONGRESSIONAL RECORD — HOUSE H6823 in the fire department, none of them and law enforcement officials who acted quick- schools may need to have reinforced bullet are getting paid, and they’ve been ly to secure and protect the lives of the chil- proof window and reinforced secure en- down at the firehouse, out at the site, dren who survived this deadly encounter. trances. in the community almost without end As the founder and Co-Chair of the Con- Lastly, we must expand current state laws since this incident. gressional Children’s Caucus and a senior to hold adults accountable and responsible for And this final thought. On Sunday Member of the Judiciary Committee, I have lis- the security their weapons. We can help to morning, Senator BLUMENTHAL and I tened to the tragic testimony of individuals prevent tragedies like this one from happening went to the church service at the local who have survived or lost loved ones as a re- again. Congregational Church, and a guy sult of gun violence. According to the U.S. Centers for Disease grabbed us as we were walking out, The parents and grandparents who dropped Control and Prevention, gun violence, claims gripped our arms tight and said, ‘‘Make off their children and grandchildren in the early the lives of over 30,000 people For every per- sure this never, ever happens again.’’ morning hours of December 14, 2012, could son who dies from a gunshot wound, two oth- You know, the honest truth is we never have imagined that by 10 a.m. on that ers are wounded. Every year, approximately can’t make sure it never happens morning they would to have face this tragedy. 100,000 Americans are victims of gun vio- again, but we certainly can make it This moment will be etched in our memories lence. much less likely; and we can certainly and will forever remind us of other moments In addition to those who are killed or injured, find ways to make sure that if someone like those of Aurora and Columbine. Moments there are countless others whose lives are for- does slip through the cracks and they when lives are needlessly lost due to gun vio- ever changed by the deaths of and injuries to set themselves on a path of destruc- lence. their loved ones. tion, the path of destruction is no- As we unite in grief, it is time for us to unite In 2010, guns took the lives of 31,076 where near the scale we saw in New- in finding a solution. Newtown, CT by all ac- Americans in homicides, suicides and uninten- town. counts is a small close-knit town. Everyone in tional shootings. This is the equivalent of more We’re grieving right now, and we’re Newtown was in some way connected to the than 85 deaths each day and more than three going to join this process of figuring students, parents, teachers, and administra- deaths each hour. out where we go from here very soon, tors from Sandy Hook Elementary School. And There were 73,505 Americans treated in but it helps to know that we have the if asked, they would all agree that things like hospital emergency departments for non-fatal this sad occurrence just do not happen in support and the love and the sympathy gunshot wounds in 2010. Newtown. and the thoughts of the United States Firearms were the third-leading cause of in- We must join together in recognizing that jury-related deaths nationwide in 2010, fol- House of Representatives. It will help things like this can happen in any community me to be able to bring back this resolu- lowing poisoning and motor vehicle accidents. and we must immediately begin to address the Between 1955 and 1975, the Vietnam War tion to the people of Newtown and the underlying problems that would lead a young killed over 58,000 American soldiers—less people of Connecticut. And we know man to take up arms against defenseless than the number of civilians killed with guns in that very shortly we will join you, we women and children. the U.S. in an average two-year period. will join the President in figuring out a If we act now and work together, we can In the first seven years of the U.S.-Iraq War, way to make sure that, within our work towards preventing these types of trage- over 4,400 American soldiers were killed. Al- power, this doesn’t happen again. dies. At around the same time that the chil- most as many civilians are killed with guns Mr. Speaker, I yield back the balance dren in Newtown, CT faced a deranged gun here in the U.S. over the course of 7 weeks of my time. man, thousands of miles away in China, an- rather than 7 years. Mr. FARR. Mr. Speaker, over the weekend, other man also attacked a group of school HOMICIDE like so many Americans, I tried to process the children. Again, a tragedy that no one in the U.S. homicide rates are 6.9 times higher news of this horrible shooting at Sandy Hook community could have anticipated; however, than rates in 22 other populous high-income Elementary School. because the man in China was armed only countries combined, despite similar non-lethal There simply is no way to understand what with a knife, he wounded instead of killed 20 crime and violence rates. The firearm homi- could lead an individual to want to inflict that children. The lives of 20 children in China cide rate in the U.S. is 19.5 times higher Guns much harm and pain on so many innocent were spared because their attacker did not were used in 11,078 homicides in the U.S. in lives. have in his possession a gun. 2010, comprising almost 35% of all gun As I dealt with a range of emotions that sur- I believe the solution to these acts of vio- deaths, and over 68% of all homicides. faced not just as a Member of Congress but lence can be found by taking a multifaceted Over a million people have been killed with as a father and grandfather, I could not help approach. There are those who will say that guns in the United States since 1968, when but shake the feeling that there is more we ‘‘guns don’t kill people, people kill people.’’ Dr. Martin Luther King, Jr. and Robert F. Ken- could have done as a legislators to prevent The statistics for the harm that people are ca- nedy were assassinated. this tragedy. pable of doing with guns to themselves and On average, 33 gun homicides were com- More that could have been done to help the others is alarming. People are indeed killing mitted each day for the years 2005–2010. shooter get the mental health treatment he so people, with guns. We need to reform how we Regions and states with higher rates of gun desperately needed. view guns in this country and also how we ad- ownership have significantly higher rates of More that could have done to prevent such dress mental health challenges in our commu- homicide than states with lower rates of gun a powerful weapon from getting into the hands nities. ownership. of a troubled soul. We must act now. This is the right moment Where guns are prevalent, there are signifi- More that could have been done to protect to demonstrate that the safety of our children cantly more homicides, particularly gun homi- the children of Newtown, Connecticut. is one of our most sacred priorities. It is imper- cides. Today, I too pray for their community and ative that this Congress brings to the House SUICIDE those who lost their lives on Friday. for immediate consideration the following gun Firearms were used in 19,392 suicides in Today, I pray . . . but tomorrow, I vow to safety laws. the U.S. in 2010, constituting almost 62% of return to this Chamber and fight every day so First, there must be an immediate ban on all all gun deaths. that no other community has to deal with this assault weapons. Over 50% of all suicides are committed with gun madness. Second, we must close gun show loopholes a firearm. May God bless the victims, their families which allow for the sale of weapons without a On average, 49 gun suicides were com- and the people of Newtown, Connecticut. background check. mitted each day for the years 2005–2010. Ms. JACKSON LEE of Texas. Mr. Speaker, Third, we must reform our current mental White males, about 40% of the U.S. popu- today I rise to join my colleagues in honoring health system to provide support for families lation, accounted for over 80% of firearm sui- and remembering all of the victims of the trag- to enable them to get immediate assistance cides in 2010. ic shootings at the Sandy Hook Elementary for mental health issues. In addition, there A study of California handgun purchasers School in Newton, CT. My condolences and should be pathways for families who are fac- found that in the first year after the purchase prayers go to the families and loved ones of ing these challenges to gain emergency ac- of a handgun, suicide was the leading cause the women and children who lost their lives in cess to publicly funded or private counseling of death among the purchasers. this senseless tragedy. services. Firearms were used in nearly 44% of sui- I also recognize and applaud the heroic ef- Fourth, we must look at the design of pri- cide deaths among persons under age 25 in forts made by the teachers, administrators, mary and secondary schools in which these 2010.

VerDate Mar 15 2010 03:00 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\K17DE7.036 H17DEPT1 rfrederick on DSK7TPTVN1PROD with H6824 CONGRESSIONAL RECORD — HOUSE December 17, 2012 More than 75% of guns used in suicide at- retary of Health and Human Services to sup- b 2040 tempts and unintentional injuries of 0–19 year- port programs to promote mental health serv- EXTENDING SYMPATHY TO THE olds were stored in the residence of the victim, ices among all children and their families and PEOPLE OF NEWTOWN, CON- a relative, or a friend. to provide early intervention services to ame- NECTICUT The risk of suicide increases in homes liorate identified mental health problems in where guns are kept loaded and/or unlocked. children and adolescents. This is a multi- (Ms. KAPTUR asked and was given permission to address the House for 1 UNINTENTIONAL DEATHS AND INJURIES faceted approach to address this multifaceted minute.) In 2010, unintentional firearm injuries issue. Ms. KAPTUR. Mr. Speaker, I would caused the deaths of 606 people. As in years past, I once again will join Sen- like to rise in support of my dear col- From 2005–2010, almost 3,800 people in ator DIANNE FEINSTEIN in advocating for addi- leagues from Connecticut and through- the U.S. died from unintentional shootings. tional gun safety laws. I support Senator FEIN- out our Nation in extending deepest Over 1,300 victims of unintentional shoot- STEIN’s bill which she intends to introduce sympathy and affection to the people ings for the period 2005–2010 were under 25 once again in the 113th Congress to ban the of Newtown, Connecticut, as they bear years of age. sale of automatic assault weapons and ban the pain of human loss in the recent People of all age groups are significantly the sale of big clips, drums or strips of more Sandy Hook Elementary School trag- more likely to die from unintentional firearm in- than 10 bullets. I appreciate Senator FEIN- edy. Despite the heavy burden of grief juries when they live in states with more guns, STEIN’s leaderships and will continue to join they are carrying, the citizens of New- relative to states with fewer guns. On average, her in advocating to pass this legislation in the town have truly inspired our entire Na- states with the highest gun levels had nine 113th Congress. tion. Their spirit has lifted ours as times the rate of unintentional firearms deaths Mr. Speaker, it is our responsibility to do all they pay tribute to their children and compared to states with the lowest gun levels. that we can do to reverse this level of gun vio- the heroic teachers and school per- A federal government study of unintentional lence. We must pass common sense gun sonnel who so nobly acted to save lives. shootings found that 8% of such shooting safety. Surely their extraordinary grace under deaths resulted from shots fired by children The previous question was ordered. pressure exemplifies what President under the age of six. The resolution was agreed to. John Kennedy defined as courage. The U.S. General Accounting Office has es- A motion to reconsider was laid on Mr. Speaker, I am including in the timated that 31% of unintentional deaths the table. RECORD the remarks of Liza Long in an caused by firearms might be prevented by the article she published about her son, Mi- addition of two devices: a child-proof safety f chael. We must listen to her. And we lock (8%) and a loading indicator (23%). MESSAGE FROM THE SENATE must listen to the people of Newtown For years, I have introduced and reintro- in memory of each of the precious spir- duced gun safety legislation and supported the A message from the Senate by Ms. its that have graced it, for their high- efforts of my colleagues who have also Curtis, one of its clerks, announced est aspirations, for an America where worked diligently to protect the lives of our na- that the Senate has passed bills of the this never happens again. tion’s children through adequate gun safety. following titles in which the concur- In aiding us in this journey of faith, I re-introduced H.R. 277 the Child Gun rence of the House is requested: this article poignantly describes the Safety And Gun Access Prevention Act of S. 3472. An act to amend the Family Edu- condition of so many children in our 2011. This legislation would prevent anyone cational Rights and Privacy Act of 1974 to country who are hurting and ill with under the age of 21 from being eligible to own provide improvements to such Act. unquiet minds that even medical S. 3687. An act to amend the Federal Water science cannot fully explain. I com- a handgun and would prohibit youth from pos- Pollution Control Act to reauthorize the sessing semiautomatic assault weapons. mend President Obama for proposing a Lake Pontchartrain Basin Restoration Pro- special commission to listen to moth- Under this legislation parents and super- gram, to designate certain Federal buildings, vising adults will be held accountable if a juve- and for other purposes. ers like Liza and to the people of New- nile is able to gain possession of dangerous town as we shape a better future for us firearms that are located in their household. f all. The statistics are clear, firearms in a house- Mr. Speaker, I also wish to commend MOURNING THE PASSING OF the new Senator-elect from Hawaii for hold must be properly and adequately stored. SENATOR INOUYE A gun in the home is 22 times more likely her very poignant tribute of Senator DANIEL INOUYE with whom we had the to be used in a completed or attempted sui- (Ms. HIRONO asked and was given privilege of serving these many years. cide (11x), criminal assault or homicide (7x), permission to address the House for 1 or unintentional shooting death or injury (4x) minute.) [From The Blue Review, Dec. 16, 2012] than to be used in a self-defense shooting. Ms. HIRONO. Our country joins the ‘‘I AM ADAM LANZA’S MOTHER’’: A MOM’S PERSPECTIVE ON THE MENTAL ILLNESS CON- Higher household gun ownership correlates people of Newtown in their grief and loss. VERSATION IN AMERICA with higher rates of homicides, suicides, and [By Liza Long] unintentional shootings. Tonight, we also mourn the sudden passing of our friend and patriot, Sen- Friday’s horrific national tragedy—the Keeping a firearm in the home increases the murder of 20 children and six adults at Sandy risk of suicide by a factor of 3 to 5 and in- ator INOUYE of Hawaii. Senator INOUYE Hook Elementary School in Newtown, Con- creases the risk of suicide with a firearm by a loved his family. Our thoughts and necticut—has ignited a new discussion on vi- factor of 17. prayers are with Irene, Ken, Jessica, olence in America. In kitchens and coffee Keeping a firearm in the home increases the and little Maggie. Our sympathies also shops across the country, we tearfully debate risk of homicide by a factor of 3. to his hardworking staff. the many faces of violence in America: gun A 2009 study found that people in posses- Senator INOUYE loved Hawaii, and his culture, media violence, lack of mental work on behalf of Hawaii is legendary. health services, overt and covert wars sion of a gun are 4.5 times more likely to be abroad, religion, politics and the way we shot in an assault. There is no one person who did more to raise our children. Liza Long, a writer based My legislation also requires a parent to ac- ensure Hawaii’s future than Senator in Boise, says it’s easy to talk about guns. company a minor when attending a gun show. INOUYE. He loved his country and re- But it’s time to talk about mental illness. Our focus should also be on the owners of ceived the Medal of Honor in her serv- While every family’s story of mental ill- guns. Parents need to keep guns and ammu- ice. ness is different, and we may never know the whole of the Lanza’s story, tales like this Senator INOUYE never forgot where nition out of the reach of teenagers. Parents one need to be heard—and families who live should be responsible for securing from their he came from. And I’m proud to say them deserve our help. minor children access to dangerous firearms. that I represented his dear mother, Three days before 20 year-old Adam Lanza Further, my bill is a preventative measure, Kame Inouye, in 1980 when I first ran killed his mother, then opened fire on a my legislation encourages school districts to for the State legislature. I’m proud to classroom full of Connecticut kinder- proved or participate in firearm safety pro- count Senator INOUYE as my friend gartners, my 13-year old son Michael (name since that time. We can best honor changed) missed his bus because he was grams. wearing the wrong color pants It also addresses the underlying concerns Senator INOUYE’s legacy by continuing ‘‘I can wear these pants,’’ he said, his tone related to violence and suicide. It amends the to be strong for Hawaii and our coun- increasingly belligerent, the black-hole pu- Public Health Service Act to direct the Sec- try. pils of his eyes swallowing the blue irises.

VerDate Mar 15 2010 04:19 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A17DE7.019 H17DEPT1 rfrederick on DSK7TPTVN1PROD with December 17, 2012 CONGRESSIONAL RECORD — HOUSE H6825 ‘‘They are navy blue,’’ I told him. ‘‘Your ‘‘Where are you taking me?’’ he said, sud- With state-run treatment centers and hos- school’s dress code says black or khaki pants denly worried. ‘‘Where are we going?’’ pitals shuttered, prison is now the last resort only.’’ ‘‘You know where we are going,’’ I replied. for the mentally ill—Rikers Island, the LA ‘‘They told me I could wear these,’’ he in- ‘‘No! You can’t do that to me! You’re send- County Jail and Cook County Jail in Illinois sisted. ‘‘You’re a stupid bitch. I can wear ing me to hell! You’re sending me straight to housed the nation’s largest treatment cen- whatever pants I want to. This is America. I hell!’’ ters in 2011. have rights!’’ I pulled up in front of the hospital, fran- No one wants to send a 13-year old genius ‘‘You can’t wear whatever pants you want tically waiving for one of the clinicians who who loves Harry Potter and his snuggle ani- to,’’ I said, my tone affable, reasonable. happened to be standing outside. ‘‘Call the mal collection to jail. But our society, with ‘‘And you definitely cannot call me a stupid police,’’ I said. ‘‘Hurry.’’ its stigma on mental illness and its broken Michael was in a full-blown fit by then, bitch. You’re grounded from electronics for healthcare system, does not provide us with screaming and hitting. I hugged him close so the rest of the day. Now get in the car, and other options. Then another tortured soul he couldn’t escape from the car. He bit me I will take you to school.’’ shoots up a fast food restaurant. A mall. A several times and repeatedly jabbed his el- I live with a son who is mentally ill. I love kindergarten classroom. And we wring our bows into my rib cage. I’m still stronger my son. But he terrifies me. hands and say, ‘‘Something must be done.’’ than he is, but I won’t be for much longer. A few weeks ago, Michael pulled a knife I agree that something must be done. It’s and threatened to kill me and then himself The police came quickly and carried my son screaming and kicking into the bowels of time for a meaningful, nation-wide conversa- after I asked him to return his overdue li- tion about mental health. That’s the only brary books. His 7 and 9 year old siblings the hospital. I started to shake, and tears filled my eyes as I filled out the paperwork— way our nation can ever truly heal. knew the safety plan—they ran to the car God help me. God help Michael. God help and locked the doors before I even asked ‘‘Were there any difficulties with... at what age did your child.., were there any problems us all. them to. I managed to get the knife from Mi- with.. has your child ever experienced.. does chael, then methodically collected all the f your child have...’’ sharp objects in the house into a single At least we have health insurance now. I SENATOR DANIEL INOUYE Tupperware container that now travels with recently accepted a position with a local col- me. Through it all, he continued to scream lege, giving up my freelance career because (Ms. PELOSI asked and was given insults at me and threaten to kill or hurt when you have a kid like this, you need ben- permission to address the House for 1 me. efits. You’ll do anything for benefits. No in- minute.) That conflict ended with three burly police dividual insurance plan will cover this kind Ms. PELOSI. Mr. Speaker, I join my officers and a paramedic wrestling my son of thing. onto a gurney for an expensive ambulance colleague in speaking about how sad we For days, my son insisted that I was are in the passing of Senator DANIEL ride to the local emergency room. The men- lying—that I made the whole thing up so INOUYE. His passing marks the end of tal hospital didn’t have any beds that day, that I could get rid of him. The first day, and Michael calmed down nicely in the ER, when I called to check up on him, he said, ‘‘I an era but the beginning of a great fu- so they sent us home with a prescription for hate you. And I’m going to get my revenge ture built on the legacy he brought to Zyprexa and a follow-up visit with a local pe- as soon as I get out of here.’’ the Congress. diatric psychiatrist. By day three, he was my calm, sweet boy For the people of Hawaii and the We still don’t know what’s wrong with Mi- again, all apologies and promises to get bet- country, he was a public servant from chael. Autism spectrum, ADHD, Oppositional ter. I’ve heard those promises for years. I start to finish. He was a war hero, Defiant or Intermittent Explosive Disorder don’t believe them anymore. have all been tossed around at various meet- On the intake form, under the question, earning a Medal of Honor for his ac- ings with probation officers and social work- ‘‘What are your expectations for treat- tions on the battlefields of World War ers and counselors and teachers and school ment?’’ I wrote, ‘‘I need help.’’ II before his State was even admitted administrators. He’s been on a slew of And I do. This problem is too big for me to to the Union. And imagine, of Japanese antipsychotic and mood altering pharma- handle on my own. Sometimes there are no American heritage; at a time when ceuticals, a Russian novel of behavioral good options. So you just pray for grace and Japanese Americans were in camps, he plans. Nothing seems to work. trust that in hindsight, it will all make was fighting for the freedom that they At the start of seventh grade, Michael was sense. accepted to an accelerated program for high- I am sharing this story because I am Adam were not enjoying. He is a true patriot. ly gifted math and science students. His IQ is Lanza’s mother. I am Dylan Klebold’s and He was Hawaii’s first Representative off the charts. When he’s in a good mood, he Eric Harris’s mother. I am James Holmes’s in the House, a source of great pride for will gladly bend your ear on subjects ranging mother. I am Jared Loughner’s mother. I am all Members past and present that we from Greek mythology to the differences be- Seung-Hui Cho’s mother. And these boys— could call him colleague. tween Einsteinian and Newtonian physics to and their mothers—need help. In the wake of Senator INOUYE was a patriarch of Doctor Who. He’s in a good mood most of the another horrific national tragedy, it’s easy Hawaii, and all Hawaiians will long re- time. But when he’s not, watch out. And it’s to talk about guns. But it’s time to talk impossible to predict what will set him off. about mental illness. member his unyielding devotion to the Several weeks into his new junior high According to Mother Jones, since 1982, 61 economic vitality, progress, and suc- school, Michael began exhibiting increas- mass murders involving firearms have oc- cess of his beloved home State. ingly odd and threatening behaviors at curred throughout the country. Of these, 43 Senator INOUYE led a life of principle, school. We decided to transfer him to the dis- of the killers were white males, and only one passion, service, and sacrifice. He was trict’s most restrictive behavioral program, was a woman. Mother Jones focused on the highest ranking Asian American in a contained school environment where chil- whether the killers obtained their guns le- our country, and he was for a long gally (most did). But this highly visible sign dren who can’t function in normal class- time. His story—as an Asian American rooms can access their right to free public of mental illness should lead us to consider babysitting from 7:30–1:50 Monday through how many people in the U.S. live in fear, like who lived the American Dream, a sol- Friday until they turn 18. I do. dier who served with bravery and cour- The morning of the pants incident, Michael When I asked my son’s social worker about age, an elected Representative who continued to argue with me on the drive. He my options, he said that the only thing I served with dignity—reflects the best would occasionally apologize and seem re- could do was to get Michael charged with a of America. We only hope it is a com- morseful. Right before we turned into his crime. ‘‘If he’s back in the system, they’ll fort to his wife, Irene; his son, Ken, and school parking lot, he said, ‘‘Look, Mom, I’m create a paper trail,’’ he said. ‘‘That’s the the entire Inouye family; and his really sorry. Can I have video games back only way you’re ever going to get anything today?’’ done. No one will pay attention to you unless many, many friends that so many ‘‘No way,’’ I told him. ‘‘You cannot act the you’ve got charges.’’ share in their grief at this sad time. way you acted this morning and think you I don’t believe my son belongs in jail. The I want to praise him personally but can get your electronic privileges back that chaotic environment exacerbates Michael’s also bring words of comfort to his fam- quickly.’’ sensitivity to sensory stimuli and doesn’t ily from my constituents in California His face turned cold, and his eyes were full deal with the underlying pathology. But it who considered him a very, very spe- of calculated rage. ‘‘Then I’m going to kill seems like the United States is using prison cial leader in our country. myself,’’ he said. ‘‘I’m going to jump out of as the solution of choice for mentally ill peo- this car right now and kill myself.’’ ple. According to Human Rights Watch, the PELOSI STATEMENT ON THE PASSING OF That was it. After the knife incident, I told number of mentally ill inmates in U.S. pris- SENATOR DANIEL INOUYE him that if he ever said those words again, I ons quadrupled from 2000 to 2006, and it con- WASHINGTON, D.C.—Democratic Leader would take him straight to the mental hos- tinues to rise—in fact, the rate of inmate Nancy Pelosi released the following state- pital, no ifs, ands, or buts. I did not respond, mental illness is five times greater (56 per- ment tonight on the passing of longtime Ha- except to pull the car into the opposite lane, cent) than in the non-incarcerated popu- waii Senator and the Senate’s President Pro- turning left instead of right. lation. Tempore Daniel Inouye:

VerDate Mar 15 2010 04:19 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A17DE7.024 H17DEPT1 rfrederick on DSK7TPTVN1PROD with H6826 CONGRESSIONAL RECORD — HOUSE December 17, 2012 ‘‘Senator Daniel Inouye’s passing marks sistance provided by the Department of Vet- United States, for his approval, the fol- the end of an era—for the people of Hawaii, erans Affairs to severely wounded, ill, or in- lowing bills: the country, and the United States Senate. jured veterans and their spouses, and for H.R. 4014. To amend the Federal Deposit He was a public servant from start to finish. other purposes; to the Committee on Vet- Insurance Act with respect to information He was a war hero—earning a Medal of Honor erans’ Affairs. provided to the Bureau of Consumer Finan- for his actions on the battlefields of World S. 3472. An act to amend the Family Edu- cial Protection. War II before his state was even admitted to cational Rights and Privacy Act of 1974 to H.R. 3319. To allow the Pascua Yaqui Tribe the union. He was Hawaii’s first Representa- provide improvements to such Act; to the to determine the requirements for member- tive in the House, a source of great pride to Committee on Education and the Workforce. ship in that tribe. all Members, past and present. S. 3687. An act to amend the Federal Water H.R. 4367. To amend the Electronic Fund ‘‘Senator Inouye was a patriarch of Ha- Pollution Control Act to reauthorize the Transfer Act to limit the fee disclosure re- waii, and all Hawaiians will long remember Lake Pontehartrain Basin Restoration Pro- quirement for an automatic teller machine his unyielding devotion to the economic vi- gram, to designate certain Federal buildings, to the screen of that machine. tality, progress, and success of his beloved and for other purposes; to the Committee on H.R. 2467. Bridgeport Indian Colony Land home state. He was the second-longest serv- Transportation and Infrastructure. In addi- Trust, Health and Economic Development ing Senator in American history, and his fel- tion to the Committee on Natural Resources; Act of 2012. low Americans will long remember his lead- and to the Committee on the Judiciary for a ership in protecting our men and women in period to be subsequently determined by a Karen L. Haas, Clerk of the House, uniform, strengthening our national secu- Speaker, in each case for consideration of reported that on December 14, 2012, she rity, reaching across the aisle, and investing such provisions as fall within the jurisdic- presented to the President of the in a future of prosperity for all. By his ac- tion of the committee concerned. United States, for his approval, the fol- tions, he stood firm for the independence of f lowing bill: the Congress, the strength of our democracy, and the values of the American people. ENROLLED BILL SIGNED H.R. 2838. To authorize appropriations for ‘‘Senator Inouye led a life of principle, pas- the Coast Guard for fiscal years 2012 through sion, service, and sacrifice. He was the high- Karen L. Haas, Clerk of the House, 2015, and for other purposes. est ranking Asian American in our country. reported and found truly enrolled a bill f His story—as an Asian American who lived of the House of the following title, the American Dream, a soldier who served which was thereupon signed by the ADJOURNMENT with bravery and courage, an elected rep- Speaker: Ms. PELOSI. Mr. Speaker, I move resentative who served with dignity—reflects H.R. 2838. An act to authorize appropria- that the House do now adjourn. the best of America. We only hope it is a tions for the Coast Guard for fiscal years 2013 The motion was agreed to; accord- comfort to his wife Irene, his son Ken, and through 2014, and for other purposes. the entire Inouye family that so many share ingly (at 8 o’clock and 44 minutes in their grief at this sad time.’’ f p.m.), under its previous order, the f SENATE ENROLLED BILLS SIGNED House adjourned until tomorrow, Tues- day, December 18, 2012, at 10 a.m. for LEAVE OF ABSENCE The Speaker announced his signature morning-hour debate. to enrolled bills of the Senate of the By unanimous consent, leave of ab- f sence was granted to: following titles: Mr. CULBERSON (at the request of Mr. S. 1379. An act to amend title 11, District of EXECUTIVE COMMUNICATIONS, CANTOR) for today on account of per- Columbia Official Code, to revise certain ad- ETC. sonal reasons. ministrative authorities of the District of Under clause 2 of rule XIV, executive Columbia courts, and to authorize the Dis- Mr. GRIFFIN of Arkansas (at the re- trict of Columbia Public Defender Service to communications were taken from the quest of Mr. CANTOR) for today on ac- provide professional liability insurance for Speaker’s table and referred as follows: count of flight cancellation. officers and employees of the Service for 8787. A letter from the Secretary, Depart- Mr. JONES (at the request of Mr. CAN- claims relating to services furnished within ment of Veterans Affairs, transmitting a re- TOR) for today on account of official the scope of employment with the Service. port of a violation of the Antideficiency Act business. S. 1998. An act to obtain an unqualified in the Department of Veterans Affairs Mr. TERRY (at the request of Mr. audit opinion, and improve financial ac- Construciton, Minor Projects, Treasury CANTOR) for today on account of travel countability and management at the Depart- Symbol 36X0111, pursuant to 31 U.S.C. delays. ment of Homeland Security. 1517(b); to the Committee on Appropriations. S. 3315. An act to repeal or modify certain 8788. A letter from the Acting Principal Mr. CLYBURN (at the request of Ms. mandates of the Government Accountability Deputy, Department of Defense, transmit- PELOSI) for today on account of attend- Office. ting a letter on the approved retirement of ing a funeral. S. 3542. An act to authorize the Assistant Lieutenant General Purl K. Keen, United Mr. HOLT (at the request of Ms. Secretary of Homeland Security (Transpor- States Army, and his advancement to the PELOSI) for today. tation Security Administration) to modify grade of lieutenant general on the retired Ms. JACKSON LEE of Texas (at the re- screening requirements for checked baggage list; to the Committee on Armed Services. quest of Ms. PELOSI) for today on ac- arriving from preclearance airports, and for 8789. A letter from the Assistant to the count of official business in the dis- other purposes. Board, Board of Governors of the Federal Re- trict. f serve System, transmitting the System’s final rule — Supervisory and Company-Run Ms. MOORE (at the request of Ms. BILLS PRESENTED TO THE Stress Test Requirements for Covered Com- PELOSI) for today on account of district PRESIDENT panies [Regulation YY; Docket No.: 1438] business. (RIN: 7100–AD–86) received December 6, 2012, Mr. REYES (at the request of Ms. Karen L. Haas, Clerk of the House, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- PELOSI) for today and for the balance of reported that on December 12, 2012, she mittee on Financial Services. the week on account of family medical presented to the President of the 8790. A letter from the Assistant to the reasons. United States, for his approval, the fol- Board, Board of Governors of the Federal Re- serve System, transmitting the System’s f lowing bills: H.R. 3187. To require the Secretary of the final rule — Annual Company-Run Stress SENATE BILLS REFERRED Treasury to mint coins in recognition and Test Requirements for Banking Organiza- Bills of the Senate of the following celebration of the 75th anniversary of the es- tions with Total Consolidated Assets over $10 Billion Other than Covered Companies [Reg- titles were taken from the Speaker’s tablishment of the March of Dimes Founda- tion. ulation YY; Docket No.: 1438] (RIN:7100–AD– table and, under the rule, referred as 86) received December 6, 2012, pursuant to 5 follows: H.R. 6582. To allow for innovations and al- ternative technologies that meet or exceed U.S.C. 801(a)(1)(A); to the Committee on Fi- S. 2045. An act to amend title 38, United desired energy efficiency goals, and to make nancial Services. States Code, to require judges of the United technical corrections to existing Federal en- 8791. A letter from the Assistant Director States Court of Appeals for Veterans Claims ergy efficiency laws to allow American man- for Legislative Affairs, Consumer Financial to reside within fifty miles of the District of ufacturers to remain competitive. Protection Bureau, transmitting the Bu- Columbia, and for other purposes; to the reau’s Fair Lending Report; to the Com- Committee on Veterans’ Affairs. Karen L. Haas, Clerk of the House, mittee on Financial Services. S. 3313. An act to amend title 38, United reported that on December 13, 2012, she 8792. A letter from the Chairman and Presi- States Code, to improve the reproductive as- presented to the President of the dent, Export-Import Bank, transmitting a

VerDate Mar 15 2010 03:00 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A17DE7.020 H17DEPT1 rfrederick on DSK7TPTVN1PROD with December 17, 2012 CONGRESSIONAL RECORD — HOUSE H6827 report on transactions involving U.S. exports the Arms Export Control Act, as amended; to Agreement-Panama [FAC 2005–62; FAR Case to United Arab Emirates pursuant to Section the Committee on Foreign Affairs. 2012–027; Item III; Docket 2012–0027, Sequence 2(b)(3) of the Export-Import Bank Act of 1945, 8802. A letter from the Director, Defense 01] (RIN: 9000–ZA02) received December 5, as amended; to the Committee on Financial Security Cooperation Agency, transmitting 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Services. Transmittal No. 12–69, pursuant to the re- Committee on Oversight and Government 8793. A letter from the Deputy Secretary, porting requirements of Section 36(b)(1) of Reform. Securities and Exchange Commission, trans- the Arms Export Control Act, as amended; to 8814. A letter from the Acting Deputy Chief mitting the Commission’s final rule — Ex- the Committee on Foreign Affairs. Financial Officer, National Labor Relations tension of Dates for Certain Requirements of 8803. A letter from the Acting Secretary of Board, transmitting the Board’s Perform- Rule 19b–4(n)(1) and Rule 19b–4(o)(2) and Commerce, Department of Commerce, trans- ance and Accountability Report for Fiscal Amendment of Form 19b–4 [Release No.: 34– mitting a certification of export to China; to Year 2012; to the Committee on Oversight 68357; File No. S7–44–10] (RIN: 3235–AK87) re- the Committee on Foreign Affairs. and Government Reform. ceived December 7, 2012, pursuant to 5 U.S.C. 8804. A letter from the Assistant Secretary 8815. A letter from the Board, Railroad Re- 801(a)(1)(A); to the Committee on Financial For Export Administration, Department of tirement Board, transmitting the Board’s Services. Commerce, transmitting the Department’s Performance and Accountability Report for 8794. A letter from the Assistant General final rule — Editorial Corrections to the Fiscal Year 2012, incuding the Office of In- Counsel for Legislation, Regulation and En- Commerce Control List of the Export Admin- spector General’s Auditor’s Report; to the ergy Efficiency, Department of Energy, istration Regulations [Docket No.: 120320200– Committee on Oversight and Government transmitting the Department’s final rule — 2296–01] (RIN: 0694–AF62) received December Reform. Criteria and Procedures for Determining Eli- 10, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to 8816. A letter from the Commissioner, So- gibility for Access to Classified Matter or the Committee on Foreign Affairs. cial Security Administration, transmitting Special Nuclear Material: Technical Amend- 8805. A letter from the Assistant Secretary, the Administration’s report for fiscal year ments (RIN: 1992–AA36) received December 5, Legislative Affairs, Department of State, 2012 on competitive sourcing efforts as re- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting consistent with the Authoriza- quired by Section 647(b) of Division F of the Committee on Energy and Commerce. tion for Use of Military Force Against Iraq Consolidated Appropriations Act, 2004, Pub. 8795. A letter from the Secretary, Depart- Resolution of 2002 (Pub. L. 107–243), the Au- L. 108–199; to the Committee on Oversight ment of Health and Human Services, trans- thorization for the Use of Force Against Iraq and Government Reform. mitting a report entitled, ‘‘The Children’s Resolution (Pub. L. 102–1), and in order to 8817. A letter from the Principal Deputy Health Insurance Program Reauthorization keep the Congress fully informed, a report Assistant Secretary for Fish and Wildlife and Act (CHIPRA) Mandated Evaluation of Ex- prepared by the Department of State for the Parks, Department of the Interior, transmit- press Lane Eligibility: First Year Findings’’; August 24, 2012 — October 22, 2012 reporting ting the Department’s final rule — Special to the Committee on Energy and Commerce. period including matters relating to post-lib- Regulations; Areas of the National Park Sys- 8796. A letter from the Director, Regula- eration Iraq under Section 7 of the Iraq Lib- tem, Yellowstone National Park [NPS– tions Policy and Management Staff, Depart- eration Act of 1998 (Pub. L. 105–338); to the YELL–11802; PPWONRADE2, ment of Health and Human Services, trans- Committee on Foreign Affairs. PMP00EI05.YP0000] (RIN: 1024–AE10) received mitting the Department’s final rule — Irra- 8806. A letter from the Deputy Secretary, December 7, 2012, pursuant to 5 U.S.C. diation in the Production, Processing and Department of Defense, transmitting the De- 801(a)(1)(A); to the Committee on Natural Handling of Food [Docket No.: FDA–1999–F– partment of Defense Inspector General Semi- Resources. 1267] (formerly Docket No.: 1999F–5322] re- annual Report, April 1, 2012 — September 30, 8818. A letter from the Acting Director, Of- ceived December 6, 2012, pursuant to 5 U.S.C. 2012; to the Committee on Oversight and fice of Regulatory Affairs and Collaborative 801(a)(1)(A); to the Committee on Energy and Government Reform. Action, Department of the Interior, trans- Commerce. 8807. A letter from the Secretary, Depart- mitting the Department’s final rule — Resi- 8797. A letter from the Director, Regula- ment of Education, transmitting the forty- dential, Business, and Wind and Solar Re- tions Policy and Management Staff, Depart- seventh Semiannual Report to Congress on source Leases on Indian Land [Docket ID: ment of Health and Human Services, trans- Audit Follow-up, covering the six month pe- BIA–2011–0001] (RIN: 1076–AE73) received De- mitting the Department’s final rule — Irra- riod ending September 30, 2012 in compliance cember 7, 2012, pursuant to 5 U.S.C. diation in the Production, Processing and with the Inspector General Act Amendments 801(a)(1)(A); to the Committee on Natural Handling of Food [Docket No.: FDA–1999–F– of 1988; to the Committee on Oversight and Resources. 4617] (formerly Docket No.: 1999F–5321] re- Government Reform. 8819. A letter from the Deputy Director, Of- ceived December 6, 2012, pursuant to 5 U.S.C. 8808. A letter from the Secretary, Depart- fice of Sustainable Fisheries, NMFS, Na- 801(a)(1)(A); to the Committee on Energy and ment of Housing and Urban Development, tional Oceanic and Atmospheric Administra- Commerce. transmitting the Department’s semiannual tion, transmitting the Administration’s final 8798. A letter from the Program Manager, report from the office of the Inspector Gen- rule — Fisheries of the Exclusive Economic Department of Health and Human Services, eral for the period April, 1, 2012 through Sep- Zone Off Alaska; Reallocation of Pacific Cod transmitting the Department’s final rule — tember 30, 2012; to the Committee on Over- in the Central Regulatory Area of the Gulf of Opioid Drugs in Maintenance and Detoxifica- sight and Government Reform. Alaska Management Area [Docket No.: tion Treatment of Opiate Addiction; Pro- 8809. A letter from the Secretary, Depart- 111207737–2141–02] (RIN: 0648–XC346) received posed Modification of Dispensing Restric- ment of Transportation, transmitting the December 3, 2012, pursuant to 5 U.S.C. tions for Buprenorphine and Buprenorphine Semiannual Report of the Office of Inspector 801(a)(1)(A); to the Committee on Natural Combination as Used in Approved Treatment General for the period ending September 30, Resources. Medications (RIN: 0930–AA14) received De- 2012; to the Committee on Oversight and 8820. A letter from the Acting Deputy Di- cember 6, 2012, pursuant to 5 U.S.C. Government Reform. rector, Office of Sustainable Fisheries, 801(a)(1)(A); to the Committee on Energy and 8810. A letter from the Chief Operating Of- NMFS, National Oceanic and Atmospheric Commerce. ficer/Acting Executive Director, Election As- Administration, transmitting the Adminis- 8799. A letter from the Program Manager, sistance Commission, transmitting Semi- tration’s final rule — Fisheries of the Exclu- Department of Health and Human Services, annual Report of the Inspector General for sive Economic Zone Off Alaska; Reallocation transmitting the Department’s final rule — the period April 1, 2012 through September of Pacific Cod in the Western Regulatory Health Information Technology; Revisions to 30, 2012; to the Committee on Oversight and Area of the Gulf of Alaska Management Area the 2014 Edition Electronic Health Record Government Reform. [Docket No.: 111207737–2141–02] (RIN: 0648– Certification Criteria; and Medicare and 8811. A letter from the Administrator, En- XC333) received December 3, 2012, pursuant Medicaid Programs; Revisions to the Elec- vironmental Protection Agency, transmit- to 5 U.S.C. 801(a)(1)(A); to the Committee on tronic Health Record Incentive Program ting the Agency’s semiannual report from Natural Resources. [CMS–0046–IFC] (RIN: 0991–AB89) received the Office of the Inspector General during 8821. A letter from the Program Analyst, December 6, 2012, pursuant to 5 U.S.C. the 6-month period ending September 30, Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Energy and 2012; to the Committee on Oversight and the Department’s final rule — Airworthiness Commerce. Government Reform. Directives; The Boeing Company Airplanes 8800. A letter from the Director, Office of 8812. A letter from the Chairman, Federal [Docket No.: FAA–2012–0424; Directorate Congressional Affairs, Nuclear Regulatory Maritime Commission, transmitting the Identifier 2011–NM–004–AD; Amendment 39– Commission, transmitting the Commission’s semiannual report on the activities of the 17205; AD 2012–19–10] (RIN: 2120–AA64) re- final rule — Guidance for Performing the In- Office of Inspector General for the period ceived December 4, 2012, pursuant to 5 U.S.C. tegrated Assessment for External Flooding April 1 through September 30, 2012; to the 801(a)(1)(A); to the Committee on Transpor- [JLD–ISG–2012–05] received December 11, Committee on Oversight and Government tation and Infrastructure. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Reform. 8822. A letter from the Director for Inter- Committee on Energy and Commerce. 8813. A letter from the Senior Procurement nal Control and Management Systems, Na- 8801. A letter from the Director, Defense Executive/Deputy Chief Acquisition Officer, tional Aeronautics and Space Administra- Security Cooperation Agency, transmitting General Services Administration, transmit- tion, transmitting the Administration’s final Transmittal No. 12–68, pursuant to the re- ting the Administration’s final rule — Fed- rule — Removal of Obsolete Regulation porting requirements of Section 36(b)(1) of eral Acquisition Regulation; Free Trade [Docket Number: NASA–2012–0004] (RIN: 2700–

VerDate Mar 15 2010 03:00 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\L17DE7.000 H17DEPT1 rfrederick on DSK7TPTVN1PROD with H6828 CONGRESSIONAL RECORD — HOUSE December 17, 2012 AD78) received December 3, 2012, pursuant to [The following action occurred on December 14, mittee on Education and the Workforce. con- 5 U.S.C. 801(a)(1)(A); to the Committee on 2012] sidered and agreed to. Science, Space, and Technology. H.R. 940. Referral to the Committee on By Mr. KELLY (for himself and Mr. 8823. A letter from the Director of Regula- Ways and Means extended for a period ending DEUTCH): tion Policy and Management, Office of the not later than December 21, 2012. H. Res. 834. A resolution urging the govern- General Counsel, Department of Veterans Af- ments of Europe and the European Union to fairs, transmitting the Department’s final f designate Hizballah as a terrorist organiza- rule — Contracts and Provider Agreements PUBLIC BILLS AND RESOLUTIONS tion and impose sanctions, and urging the for State Home Nursing Home Care (RIN: President to provide information about 2900–AO57) received December 5, 2012, pursu- Under clause 2 of rule XII, public Hizballah to the European allies of the ant to 5 U.S.C. 801(a)(1)(A); to the Committee bills and resolutions of the following United States and to support the Govern- on Veterans’ Affairs. titles were introduced and severally re- ment of Bulgaria in investigating the July 8824. A letter from the Director of Regula- ferred, as follows: 18, 2012, terrorist attack in Burgas; to the tion Policy and Management, Office of the Committee on Foreign Affairs. General Counsel, Department of Veterans Af- By Mr. GOODLATTE (for himself, Mr. fairs, transmitting the Department’s final SENSENBRENNER, Mr. COBLE, Ms. ZOE f LOFGREN of California, Ms. LINDA T. rule — Technical Revisions to Part 53 — CONSTITUTIONAL AUTHORITY SA´ NCHEZ of California, Ms. CHU, Mr. State Veterans Homes (RIN: 2900–AO54) re- STATEMENT ceived December 10, 2012, pursuant to 5 ISSA, Mr. PITTS, Ms. ESHOO, Mr. U.S.C. 801(a)(1)(A); to the Committee on Vet- PETERS, and Mr. LANCE): Pursuant to clause 7 of rule XII of erans’ Affairs. H.R. 6671. A bill to amend section 2710 of the Rules of the House of Representa- 8825. A letter from the Chief, Border Secu- title 18, United States Code, to clarify that a tives, the following statements are sub- rity Regulations Branch, Department of video tape service provider may obtain a mitted regarding the specific powers consumer’s informed, written consent on an Homeland Security, transmitting the De- granted to Congress in the Constitu- partment’s final rule — Technical Amend- ongoing basis and that consent may be ob- ment to List of User Fee Airports: Addition tained through the Internet; to the Com- tion to enact the accompanying bill or of Bozeman Yellowstone International Air- mittee on the Judiciary. joint resolution. port, Belgrade, Montana [CBP Dec. 12–20] re- By Mr. ROGERS of Michigan (for him- By Mr. GOODLATTE: ceived December 5, 2012, pursuant to 5 U.S.C. self, Mr. WAXMAN, Mr. PALLONE, Ms. H.R. 6671. 801(a)(1)(A); to the Committee on Ways and ESHOO, Mr. BURGESS, Mr. TOWNS, Mr. Congress has the power to enact this legis- Means. GENE GREEN of Texas, Mr. PITTS, and lation pursuant to the following: Mr. UPTON): Article I, Section 8 f H.R. 6672. A bill to reauthorize certain pro- By Mr. ROGERS of Michigan: REPORTS OF COMMITTEES ON grams under the Public Health Service Act H.R. 6672. PUBLIC BILLS AND RESOLUTIONS and the Federal Food, Drug, and Cosmetic Congress has the power to enact this legis- lation pursuant to the following: Under clause 2 of rule XIII, reports of Act with respect to public health security and all-hazards preparedness and response, This bill is enacted pursuant to the power committees were delivered to the Clerk and for other purposes; to the Committee on granted to Congress under Article I, Section for printing and reference to the proper Energy and Commerce, and in addition to 8, Clause 1 of the United States Constitution. calendar, as follows: the Committee on Veterans’ Affairs, for a pe- By Mr. ISRAEL: Mr. HASTINGS of Washington: Committee riod to be subsequently determined by the H.R. 6673. on Natural Resources. S. 3193. An act to Speaker, in each case for consideration of Congress has the power to enact this legis- make technical corrections to the legal de- such provisions as fall within the jurisdic- lation pursuant to the following: scription of certain land to be held in trust tion of the committee concerned. Article I, Section 8, Clause 3 of the United for the Barona Band of Mission Indians, and By Mr. ISRAEL: States Constitution for other purposes (Rept. 112–702). Referred H.R. 6673. A bill to amend the Family and By Mr. PETRI: to the Committee of the Whole House on the Medical Leave Act of 1993 to provide leave H.R. 6674. state of the Union. because of the death of a son or daughter; to Congress has the power to enact this legis- Mr. UPTON: Committee on Energy and the Committee on Education and the Work- lation pursuant to the following: Commerce. H.R. 3548. A bill to facilitate force, and in addition to the Committees on Article I, Section 8, Clause 1 of the Con- United States access to North American oil Oversight and Government Reform, and stitution. resources, and for other purposes; with an House Administration, for a period to be sub- f amendment (Rept. 112–703, Pt. 1). Referred to sequently determined by the Speaker, in ADDITIONAL SPONSORS the Committee of the Whole House on the each case for consideration of such provi- state of the Union. Under clause 7 of rule XII, sponsors sions as fall within the jurisdiction of the were added to public bills and resolu- DISCHARGE OF COMMITTEE committee concerned. tions as follows: [The following actions occurred on December 14, By Mr. PETRI: 2012] H.R. 6674. A bill to simplify and improve H.R. 303: Mr. CARTER. the Federal student loan program through H.R. 591: Ms. MOORE, Mr. BISHOP of New Pursuant to clause 2 of rule XIII, York, Mr. GRIJALVA, and Mr. HIMES. income-contingent repayment to provide Committee on Agriculture discharged H.R. 773: Mr. WELCH. stronger protections for borrowers, encour- from further consideration. H.R. 3283 H.R. 860: Mr. BURTON of Indiana. age responsible borrowing, and save money referred to the Committee of the Whole H.R. 905: Mr. DAVID SCOTT of Georgia. for taxpayers; to the Committee on Edu- H.R. 998: Mr. COSTA. House on the State of the Union, and cation and the Workforce, and in addition to H.R. 1506: Mr. LEVIN. ordered to be printed. the Committee on Ways and Means, for a pe- H.R. 1642: Mr. GRIJALVA. Pursuant to clause 2 of rule XIII, riod to be subsequently determined by the H.R. 1781: Mr. BISHOP of New York and Mr. Committee on Veterans’ Affairs dis- Speaker, in each case for consideration of COURTNEY. charged from further consideration. such provisions as fall within the jurisdic- H.R. 1831: Mr. AMASH. tion of the committee concerned. H.R. 4297 referred to the Committee of H.R. 2376: Ms. BONAMICI. By Ms. ROS-LEHTINEN (for herself, the Whole House on the State of the H.R. 2721: Mr. LARSON of Connecticut. Mr. BERMAN, Mr. ENGEL, Mr. ROYCE, Union and ordered to be printed. H.R. 3027: Ms. SCHWARTZ. Mr. BURTON of Indiana, Mr. TURNER [Submitted on December 17, 2012] H.R. 3130: Mr. CONAWAY. of New York, Mr. FALEOMAVAEGA, Mr. H.R. 3658: Mr. HANNA, Ms. DELAURO, Mr. Pursuant to clause 2 of rule XIII, CONNOLLY of Virginia, Mr. CHABOT, Committees on Transportation and In- CROWLEY, Ms. WATERS, and Mr. WELCH. Mr. JOHNSON of Ohio, and Mr. SMITH H.R. 4277: Ms. EDWARDS and Mr. CURSON of frastructure and Natural Resources of New Jersey): Michigan. discharged from further consideration. H. Con. Res. 145. Concurrent resolution H.R. 4373: Ms. CHU and Mr. FORTENBERRY. H.R. 3548 referred to the Committee of calling for universal condemnation of the H.R. 6027: Ms. SCHWARTZ. the Whole House on the State of the North Korean missile launch of December 12, H.R. 6241: Ms. MCCOLLUM. Union and ordered to be printed. 2012; to the Committee on Foreign Affairs. H.R. 6388: Mr. HOLT. By Mr. MURPHY of Connecticut (for H.R. 6428: Mr. ELLISON. f himself, Mr. LARSON of Connecticut, H.R. 6448: Mr. POLIS. TIME LIMITATION OF REFERRED Ms. DELAURO, Mr. COURTNEY, and Mr. H.R. 6470: Mr. DEFAZIO. BILL PURSUANT TO RULE XII HIMES): H.R. 6606: Ms. SCHAKOWSKY. H. Res. 833. A resolution condemning the H. Con. Res. 144: Mr. LATTA, Mr. HERGER, Pursuant to clause 2 of rule XII, the horrific attacks in Newtown, Connecticut and Mrs. BACHMANN. following action was taken by the and expressing support and prayers for all H. Res. 220: Mr. PERLMUTTER. Speaker: those impacted by this tragedy; to the Com- H. Res. 832: Mr. PETERS.

VerDate Mar 15 2010 04:19 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 8472 E:\CR\FM\L17DE7.000 H17DEPT1 rfrederick on DSK7TPTVN1PROD with E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, MONDAY, DECEMBER 17, 2012 No. 162 Senate The Senate met at 2 p.m. and was The legislative clerk read the fol- the confirmation of the Durkin nomi- called to order by the Honorable CHRIS- lowing letter: nation and a voice vote on the con- TOPHER A. COONS, a Senator from the U.S. SENATE, firmation of the Olguin nomination. State of Delaware. PRESIDENT PRO TEMPORE, Washington, DC, December 17, 2012. f PRAYER To the Senate: The Chaplain, Dr. Barry C. Black, of- Under the provisions of rule I, paragraph 3, NEWTOWN, CONNECTICUT fered the following prayer: of the Standing Rules of the Senate, I hereby TRAGEDY Let us pray. appoint the Honorable CHRISTOPHER A. Mr. REID. Mr. President, this after- Almighty and everlasting God, in COONS, a Senator from the State of Dela- ware, to perform the duties of the Chair. noon the families of Newtown, CT, are whom we live and move and have our DANIEL K. INOUYE, burying two 6-year-old boys—Noah being, as we grieve the loss of life in President pro tempore. Pozner and Jack Pinto. Noah turned 6 the Newtown, CT, shooting, show us Mr. COONS thereupon assumed the last month. Even though he was only 6, Your way and teach us Your path. chair as Acting President pro tempore. Jack was a New York Giants fan. Make us all responsible stewards of In the days to come, many of their Your most precious gift of time by f classmates will also be laid to rest—the teaching us to number our days that RECOGNITION OF THE MAJORITY victims of a tragedy too terrible to we may have hearts of wisdom. LEADER comprehend. Twenty little girls and May the incomprehensible destruc- boys, twenty tiny daughters and sons, The ACTING PRESIDENT pro tem- tion of lives still framed by springtime sisters and brothers, friends and play- pore. The majority leader is recog- remind us of the importance of not de- mates, twenty children who will never nized. laying in seizing our opportunities to grow up to learn to drive, go on a first do good. Make our lawmakers willing f date or graduate from high school, to act promptly, remembering that MOMENT OF SILENCE twenty 6- and 7-year-olds who will time is fleeting and that they shall not never have the chance to fall in love, pass this way again. Mr. REID. Mr. President, I ask unan- get married or have children of their Bless those who mourn, eternal God, imous consent that the Senate observe own: Noah and Jack, Charlotte, Daniel, with the comfort of Your love that a moment of silence for the tragedy. Olivia, Josephine, Ana, Dylan, Mad- they may face each new day with hope The ACTING PRESIDENT pro tem- eline, Catherine, Chase, Avielle, Jesse, and with the certainty that nothing pore. Without objection, it is so or- Grace, Emilie, Caroline, Jessica, Ben- can destroy the good that has been dered. jamin, Allison, and James. given them. May their memories be- (Moment of silence) No words of condolence could pos- come less painful as You encircle their f sibly ease the pain of families who lost lives with Your love. cherished little children, but I hope it We pray in Your merciful Name. SCHEDULE is some small comfort that the entire Amen. Mr. REID. Mr. President, following Nation mourns with them. My heart f leader remarks, the Senate will be in a and warm wishes go out to all those af- PLEDGE OF ALLEGIANCE period of morning business until 3 p.m. fected by Friday’s massacre. My today. thoughts are with the students and fac- The Honorable CHRISTOPHER A. COONS Following morning business, we will ulty of Sandy Hook who witnessed such led the Pledge of Allegiance, as follows: begin consideration of H.R. 1, the legis- unspeakable violence. I pledge allegiance to the Flag of the lative vehicle for the supplemental ap- Newtown and the Nation have seen United States of America, and to the Repub- lic for which it stands, one nation under God, propriations bill. That bill will be man- great evil. We have also seen incredible indivisible, with liberty and justice for all. aged by Senator PAT LEAHY. bravery. f At 5 p.m. the Senate will proceed to In her final act on Earth, 27-year-old executive session to consider the Victoria Soto hid the children of her APPOINTMENT OF ACTING Olguin and Durkin nominations, both first grade class in closets and cabinets PRESIDENT PRO TEMPORE to be U.S. district judges of Illinois and and then sacrificed herself to save The PRESIDING OFFICER. The California, respectively. them. clerk will please read a communication At 5:30 p.m., the Senate will vote on Dawn Hochsprung, the principal, to the Senate from the President pro confirmation of the nominations. It is forcibly—as the word goes—attacked tempore (Mr. INOUYE). expected there will be a rollcall vote on the assailant, and he killed her.

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

S8049

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VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8050 CONGRESSIONAL RECORD — SENATE December 17, 2012 Mary Sherlach, Lauren Rousseau, day. In short, before we leave for years ahead because the heroism and Rachel Davino, and Anne Marie Mur- Christmas, we are going to have to fin- the courage we never fail to see in the phy also died trying to safeguard the ish our work on Sandy and FISA. They midst of tragedies such as this become children in their care. are both extremely important and they the starting points of something better These six educators devoted their have to be completed. So everyone and more lasting than the vagaries of lives to teaching Newtown’s children should understand we have that to do. this life. They give us the hope we need how to read, how to add and subtract, We will see if anything changes, but it in the face of so much evil and sorrow. and how to be good boys and girls. appears we are going to be coming back We stand with the people of Newtown They gave their lives to keep these the day after Christmas to complete today and in the days ahead. We can do children safe. They are a source of hope work on the fiscal cliff and a few other nothing to lessen their anguish, but we in a hopeless situation. leftover items. can let them know we mourn with I commend the teachers of Sandy f them, that we share a tiny part of the Hook Elementary who didn’t hesitate burden in our own hearts, and that we RECOGNITION OF THE MINORITY when they saw danger coming. Some will lift the victims and their families LEADER barricaded their students inside class- and the entire community in prayer. rooms or hid them in closets, pre- The ACTING PRESIDENT pro tem- The Scripture says that while ‘‘now venting an even greater loss of life. pore. The minority leader is recog- we only know in part, in the life to I thank the first responders who nized. come we shall know, even as we are rushed into the school, despite the dan- f known.’’ ger and horrors around them, knowing NEWTOWN, CONNECTICUT Scripture also says that in that day they had a job to do. TRAGEDY ‘‘. . . every tear will be wiped away, be- It is hard to comprehend this type of cause there will be no more death, or tragedy, let alone recover from it. But Mr. MCCONNELL. Mr. President, I sorrow, or crying, or pain, for the in the words of Helen Keller: ‘‘Al- wish to start by extending my deepest former things will have passed away.’’ though the world is full of suffering, it sympathies to the families of the vic- May the people of Newtown and all is also full of the overcoming of it.’’ tims of Friday’s massacre and to the Americans be consoled by this certain As the families of Newtown mourn, whole community and to thank the hope. May their burdens be lightened all America mourns with them, and we first responders and all those who are by the loving care of their neighbors will stand with them as they overcome helping in the aftermath of this dark- and friends and even strangers in the this suffering and begin the healing est of tragedies. days and weeks ahead. May this ter- process. Three days after the horrors of New- rible tragedy prompt all of us to cher- Part of the healing process will re- town, we are all still reeling from what ish the lives we have been given, our quire Congress to examine what can be happened. Anytime there is a shooting family members and friends and all done to prevent more tragedies such as such as this, we are crushed with sor- who surround us in our daily tasks. the ones in Newtown, CT; Aurora, CO; row. But there is no escaping the fact This is no lasting city, we know. May Oak Creek, WI; and Portland, OR. that the massacre at Sandy Hook Ele- we pass through it with a little more These are fairly recent. mentary stands out for its awfulness. gratitude and with a firmer determina- As President Obama said last night, The murder of so many little children tion to live the kind of lives we have no one law can erase evil. No policy and the adults who tried to save them been called to live. can prevent a determined madman doesn’t just break our hearts, it shat- I yield the floor. from committing a senseless act of vio- ters them. lence. But we need to accept the re- The last few days have been searing f ality that we are not doing enough to for all of us, and the days ahead will be RESERVATION OF LEADER TIME too. Over the weekend, we began to see protect our citizens. The ACTING PRESIDENT pro tem- the faces of the children and to hear In the coming days and weeks, we pore. Under the previous order, the their stories. will engage in a meaningful conversa- leadership time is reserved. tion and thoughtful debate about how One parent, Robbie Parker, stood in to change laws and culture that allows front of the cameras on Saturday and f this violence to continue to grow. We shared with the Nation an impromptu MORNING BUSINESS have no greater responsibility than eulogy of his 6-year-old daughter keeping safe our most vulnerable and Emilie. It was a remarkable moment. The ACTING PRESIDENT pro tem- our most precious resource—our chil- Emilie was bright and creative and pore. Under the previous order, the dren. Every idea should be on the table very loving, he said, and we marveled Senate will be in a period of morning as we discuss how best to do just that. at his courage. Now the funerals—10 of business until 3 p.m., with Senators permitted to speak therein for up to 10 f them this week in 1 church alone. It has been said many times that no minutes each. HURRICANE SANDY words are adequate to lift the agony of Mr. MCCONNELL. I suggest the ab- Mr. REID. Mr. President, today we a parent such as Robbie Parker. What sence of a quorum. have an opportunity to pull together to happened in Newtown on Friday is The ACTING PRESIDENT pro tem- help the citizens of New York, New Jer- something for which no parent of a pore. The clerk will call the roll. sey, and other parts of the Northeast as young child could ever prepare. But I The legislative clerk proceeded to they recover from the damage of Hurri- think President Obama spoke for all of call the roll. cane Sandy. us in the very moving meditation he The ACTING PRESIDENT pro tem- As we did when Hurricane Katrina offered last night on the singularity of pore. The Senator from New Jersey. struck the gulf coast and Irene struck parental love. Mr. MENENDEZ. I ask unanimous communities up and down the eastern There is literally nothing we consent that the order for the quorum seaboard, we have an opportunity to wouldn’t do for our kids and that is one call be rescinded. help make families and communities of the things that makes this massacre The ACTING PRESIDENT pro tem- whole again. I hope my colleagues on so terrible and which makes the stories pore. Without objection, it is so or- both sides of the aisle will join me in of courage we have heard so inspiring; dered. moving quickly to send aid to those af- the young teacher who stood between f fected by Sandy as they continue to re- the gunman and her students and lost cover and rebuild. her life in the process; the principal NEWTOWN, CONNECTICUT The Senate must move swiftly to ap- and the school psychologist who sprang TRAGEDY prove the supplemental disaster act into action and gave their lives too. As Mr. MENENDEZ. Mr. President, I and act to give the intelligence com- the President said, these luminous acts rise with a heavy heart at the senseless munity the tools it needs to keep our of self-sacrificing love are the moments tragedy in Newtown, CT, that took Nation safe before the Christmas holi- that will define this tragedy in the place this Friday. We are all shaken

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8051 from that day, and we ask ourselves: using high-capacity 30-round clips that gave voice—our voice, 325 million Why? How could this happen in Amer- defy any reasonable use. And there are Americans gave voice to let these ica? We grope for answers and I hope even greater capacity clips than this. stricken families know how deeply we we will find them. I don’t understand why the same type wanted to help relieve their suffering Today I join, first with every Amer- of weapon used by the DC sniper is still as we share their grief. It was a time ican, in expressing our deep and abid- readily available, and I don’t under- when the President can and should and ing grief as a Nation and our deepest, stand how we can see the same high-ca- did speak for the whole Nation. most heartfelt condolences to the fami- pacity clips used over and over by ma- But there are so many questions lies of the victims. I am the father of niacal murderers during these strate- about this unspeakable tragedy that two. As a father of two, this strikes gies and not act. have yet to be answered. The President painfully close to my heart, and pain- After Tucson, Aurora, and now New- has pointed out it is unlikely any sin- fully close to the heart of every parent. town, we need to finally do something gle step or package of steps or this There is no greater sorrow, no deeper about these dangerous clips. We need move or that move can erase the pain than the enormous grief these to make sure nobody with a criminal chance of such a tragedy happening families are suffering for those 20 inno- record or mental illness can purchase a again. We know it could have even been cent children, 6 teachers, and school firearm, and that means we need a worse if the brave first responders employees and their families; and no comprehensive, mandatory background hadn’t rushed into the school even parent—no parent—should ever have to check system. It is no use that my though they knew they might be facing bear the unspeakable pain of losing a State of New Jersey has some of the death themselves. We know that some- child, especially to this type of trag- toughest laws but then over a third of times things are beyond our under- edy. the guns that come into our State and standing. We know situations vary All too often I have come to this commit an act are from outside our widely from State to State and com- floor having to say those same words— State. munity to community. But whether it one tragedy after another, time and I have cosponsored legislation to out- is in the State of Connecticut or, God time again, having to stand here and law high-capacity clips, improve our forbid, in the State of the Presiding Of- say that our thoughts and prayers are background checks, and I have sup- ficer or my State, we all share the re- with the victims of another tragedy in- ported and helped pass the original as- sponsibility of searching for an answer volving gun violence, semiautomatic sault weapons ban, and I will support not just for the people of Connecticut weapons, high-capacity clips, and the an assault weapons ban this next year but for people throughout the United families of those victims who have lost as I have in the past. States, and some can honestly say the loved ones to senseless, sick gun vio- This doesn’t need to be a political de- people throughout the world who look lence. bate. This is about keeping little chil- to the United States as a bastion of But this time we are talking about dren safe in their first-grade classroom. freedom, of democracy. children—elementary schoolchildren— I am for reasonable use of guns, but I think Congress can and should be the youngest, most innocent among us first and foremost I am for protecting part of this national discussion in the taken away. Enough is enough. our children, our teachers, our fami- search for answers. We will come back Matthew 18 says: lies. That is our No. 1 responsibility. If into a new session in a few weeks. The At that time the disciples came to Jesus, we can’t do that, shame on us. Judiciary Committee will be holding a saying ‘‘Who is the greatest in the Kingdom Mr. President, with that, I yield the hearing very early in the next congres- of Heaven?’’ And calling to him a child, he floor. sional session to help in the search for put him in the midst of them and said, The ACTING PRESIDENT pro tem- understanding and answers. I know all ‘‘Truly, I say to you, unless you turn and be- pore. The Senator from Vermont. of us will take part in that no matter come like the children, you will never enter Mr. LEAHY. I thank the Senator the kingdom of heaven . . . ’’ what our feelings might be. from New Jersey for his comments. There are other committees also that The children have entered the king- The Presiding Officer and I and oth- have different types of jurisdiction and dom of heaven today. I hope we honor ers have discussed how we felt this will have to take part in this national them and their memory in what we do weekend. I can’t think of anything discussion. It isn’t a matter of just now to end the violence. Let Newton fi- that has more emotionally roiled the guns—which is a significant part of nally be the turning point when we are Nation. There have been few such this, of course—it is the matter of men- all willing to come together and do events in my lifetime. All of us feel the tal illness; it is a matter of how we run what is right. As we pray for the vic- senseless killings last Friday in New- our educational facilities. All of these tims, let us commit ourselves as a Na- town, CT, made no sense—just hit ev- things should be talked about. If there tion to a long overdue debate about vi- erybody. If we feel so deeply, we can’t are practical and sensible and workable olence and guns and how we deal with begin to imagine how the families must answers to prevent such unspeakable those who suffer mental illnesses in feel—the families, the parents of the tragedy, we should make the effort to our society, and let us finally pass children, the siblings or spouses of the find them and then we should have the commonsense gun laws. No more poli- adults killed. We pick up the paper, courage, each and every one of us, to tics; no more excuses. We cannot allow turn on the radio, listen to the tele- vote for those steps. this sort of senseless violence to con- vision, and there is one more wrench- Mr. President, I yield the floor. tinue. We need a national debate about ing story after another. the role of firearms in our society, we In my family, and I know in families f need to address mental health issues, from coast to coast, parents called CONCLUSION OF MORNING and we need to act immediately. their children. Brothers called sisters. BUSINESS This shooter had hundreds of rounds Neighbors reached out to neighbors. We The ACTING PRESIDENT pro tem- of ammunition—reportedly enough to huddled with two of our three children, pore. Morning business is closed. kill everyone in the school—and had it soon to be with a third one in Vermont, f not been for the brave first responders, hugged our grandchildren. Over the there could have been even more tragic weekend and again today, in discus- DEPARTMENT OF DEFENSE killings on Friday. These high-capacity sions in churches, synagogues, houses APPROPRIATIONS ACT clips must be outlawed. I don’t believe of worship, on the sidewalk, in the gro- The ACTING PRESIDENT pro tem- there is any reason why a law-abiding cery line, at the worksite and in our of- pore. Under the previous order, the citizen would need the capability to fices, we have all struggled for words to Senate will proceed to the consider- shoot multiple rounds like a street describe our feelings of shock and our ation of H.R. 1, which the clerk will sweeper. feelings of immeasurable sadness. now report by title. Words cannot express my sadness I think we can all agree no matter The legislative clerk read as follows: that another shooter used a weapon what our political background, no mat- A bill (H.R. 1) making appropriations for that has no legitimate purpose, from ter what part of the country we come the Department of Defense and the other de- my perspective, in a civilized society, from, that last night President Obama partments and agencies of the Government

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8052 CONGRESSIONAL RECORD — SENATE December 17, 2012 for the fiscal year ending September 30, 2011, Superstorm Sandy was remarkable, Senator who is no stranger to tackling and for other purposes. and I use that in the broadest sense of the incredible challenges of responding The ACTING PRESIDENT pro tem- the word. It hit the east coast 7 weeks to and recovering from natural disas- pore. The Senator from Vermont. ago. What it did is it swelled to become ters of this scale. I know she is going AMENDMENT NO. 3338 the largest Atlantic hurricane in his- to speak in a short while. We all know (Purpose: In the nature of a substitute) tory. It was hundreds of miles wide, Louisiana is still rebuilding from the Mr. LEAHY. Mr. President, on behalf much wider than my own State of catastrophes of Hurricanes Katrina and of Senator INOUYE, the chairman of the Vermont. Its reach was greater than Rita, and Senator LANDRIEU—both as Senate Appropriations Committee, I even that of Hurricane Katrina along an individual Senator and from her po- have a substitute amendment at the the gulf coast. sition as chair—has worked tirelessly desk. Sandy claimed the lives of more than ever since to help her State and others The ACTING PRESIDENT pro tem- 120 of our fellow Americans. It de- recovering from storms and other ca- pore. The clerk will report the amend- stroyed more than 340,000 homes and lamities. I know how hard she works ment. 200,000 businesses. More than 8.5 mil- because she stepped in to help Vermont The legislative clerk read as follows: lion families were without power in 15 when we were in a similar situation The Senator from Vermont [Mr. LEAHY], States and the District of Columbia. last year. It ia an example, I might for Mr. INOUYE, proposes an amendment The scale of the damage is almost say, of how even States that are not numbered 3338. hard to fathom. I remember seeing the hurt help those that are. It has always (The amendment is printed in today’s damage caused by Irene last year, in- been our tradition in the Senate. In RECORD under ‘‘Text of Amendments.’’) cluding the devastation from which my this supplemental, she has worked to AMENDMENT NO. 3339 TO AMENDMENT NO. 3338 home State of Vermont is still recov- incorporate that experience into vital Mr. LEAHY. Mr. President, on behalf ering. Because of my involvement in emergency funding for FEMA and of the Senator from Hawaii, Mr. that, I am acutely aware of the need other disaster relief programs. INOUYE, I have an amendment to the for a rapid and unified response from Since the supplemental we reconsider substitute, which is at the desk. I ask Federal, State, and local authorities to today contains funding that will help for its consideration. meet the needs of so many of our fellow millions of Americans recover from The ACTING PRESIDENT pro tem- American citizens. this terrible storm, I want to highlight pore. Without objection, the clerk will As of last week, the Homeland Secu- a few specifics. report. rity Subcommittee reports that the We include $10.8 billion in emergency The legislative clerk read as follows: Federal Government has already pro- relief for public transportation sys- The Senator from Vermont [Mr. LEAHY], vided over $2.7 billion in relief through tems. This is not a rural area. It is not for Mr. INOUYE, proposes an amendment FEMA, the Small Business Administra- like rural Vermont. We understand numbered 3339 to amendment No. 3338. tion, the Department of Agriculture, that public transportation, especially The amendment is as follows: the Department of Transportation, the in this area, is necessary for millions of (Purpose: To make a technical correction) Department of Health and Human Americans—millions—to function day by day. It is especially vital around On Page 16, line 8, strike ‘‘was’’, and insert Services, and other agencies. As of ‘‘were’’ in lieu thereof. today, 12 States have active major dis- New York City. The subway and bus Mr. LEAHY. Mr. President, I am aster or emergency declarations as a systems in New York and New Jersey going to speak briefly in just a mo- result of Sandy, and there is no ques- allow people to get to work and stu- ment, but in the meantime I will sug- tion it is going to cost billions to re- dents to go to school. The resources in gest the absence of a quorum. I will build these devastated communities. this supplemental will help pay for the call it off very quickly. Anybody who has seen them knows repair and restoration of some of the I suggest the absence of a quorum. they are devastated. It is a word that most heavily used public transpor- The ACTING PRESIDENT pro tem- we sometimes use too easily but appro- tation systems in the country. Just as pore. The clerk will call the roll. priate when you have a whole down- importantly, it is going to help fund The assistant legislative clerk pro- town, block after block, homes that projects to help public transportation ceeded to call the roll. people have lived in sometimes for gen- prepare for and resist future storms. Mr. LEAHY. Mr. President, I ask erations—it was their parents’ home or Because as much as we like to think unanimous consent that the order for their grandparents’ home—and now it there will be no future storms, every the quorum call be rescinded. is kindling wood. one of us knows there will be future The ACTING PRESIDENT pro tem- The Obama administration has re- storms. pore. Without objection, it is so or- quested money for recovery and re- The supplemental recommends $812 dered. pairs—just as every administration in million for the Small Business Admin- Mr. LEAHY. Mr. President, on behalf the past has, Republican and Demo- istration. Every one of us knows small of the distinguished chairman of the cratic alike—they have requested $60.4 businesses are essential to the Amer- Senate Appropriations Committee, billion for recovery and repairs, and ican economy. They are responsible for Senator INOUYE, I have introduced an the amendment we consider today employing about half of all workers in emergency supplemental and disaster meets that request. But we have not America. So this amount will help fund aid bill. This is to respond to the devas- simply rubberstamped the request. The the SBA’s disaster loan program, help- tation wrought by Hurricane Sandy. Appropriations Committee, working ing small local businesses in recovering The eyes, ears, and hopes of tens of with the Senators from all the States from physical damage to their store- millions of our fellow Americans who that have been hit so hard, has made front operations, as well as in recov- were in this storm’s path are now numerous changes to ensure that the ering from economic losses suffered trained upon the U.S. Senate. And with dollars put into this response are used when they had to close their doors dur- us in this effort, as well, is the good as effectively and efficiently as can be. ing Hurricane Sandy. will of the entire Nation. As a member of the Appropriations We have seen the devastation to I say that because in my almost 38 Committee, I know the budget con- iconic neighborhoods and places such years here, I have been on this floor straints we are facing, and the Appro- as the Jersey shore or Staten Island or time and time again—different Presi- priations Committee has done its best Long Island—neighborhoods that were dents, sometimes in the majority, to allocate the funds in such a way destroyed by the storm or by the fires sometimes in the minority—where that States will have the flexibility re- that followed. So many of the busi- there has been devastation in different quired to respond to the individual nesses destroyed in these communities parts of this country, and in every sin- needs of their citizens, while at the are mom-and-pop operations—small gle instance—every single instance— same time reducing the possibility for businesses like the one my mother and the Senate has come together to pro- waste, fraud, or abuse. father ran—and they simply cannot af- vide relief to those hit by hurricanes, Senator LANDRIEU, who is on the ford to reopen without Federal disaster tornadoes, fires, earthquakes, or any- floor, is the chair of the Homeland Se- assistance. They need the loans, but, thing else. curity Subcommittee. Well, this is a more importantly, they need the loans

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8053 now—not 6 months from now. I point my colleagues to review all Appropriations in the past. We have to do the same out especially, a number of these are bills for the past decade and find a single in- now. shops that make their living during the stance where the Committee paid for disas- When Irene—then a tropical storm— summer beach season. They want to be ters by rescinding funds from other pro- grams. hit Vermont last year, no one could able to open by Memorial Day. I can have anticipated the devastation we Then Chairman INOUYE concluded tell you, as one who has seen how long saw: roads washed away, bridges col- with the obvious: it takes to reopen after a disaster like lapsed, communities cut off because all this, Memorial Day is tomorrow for No one would find an example, because entrances and exits for the community quite simply there aren’t any. these people. They need the loans were destroyed, bridges that had been today. Well, he is right. The President re- there from the time I was born—I re- We have recommended $500 million quested and the committee is recom- member them as a child, had always for the Administration for Children mending $60.4 billion to respond to this been there, were there when my par- and Families Social Services Block storm. The total budget authority for ents were living there, were there when Grant to be used primarily for nondefense spending is about $500 bil- my grandparents were living there— childcare services, for reopening dam- lion a year. Using the logic that all gone in a matter of minutes. aged childcare facilities, but also—and emergency spending should be offset Vermonters know that when one of us we have to understand how important would cut the discretionary spending is hurting, all of us are hurting. this is—for mental health services for needs—if we see seven more disasters, Vermont appreciated the assistance both children and adults who have gone well then I guess we eliminate every from other States near and far and through this disaster and probably single agency, department, and pro- from the Federal Government. have seen members of their family lose gram except the Pentagon. Come on. Is New Jersey, New York, and other their lives. that what this country is about? Some States hit by this superstorm are now Another $100 million will pay for re- may think that is a good idea—elimi- depending on us. So let’s do what is pairs to Head Start facilities affected nate all government. We would not right. There is no need for delay. by Hurricane Sandy. These provide es- have any road to drive on to go state Christmas is coming. Thousands of sential education and health services our beliefs. The rest of America dis- families have lost everything. Their to low-income, prekindergarten chil- agrees. hope, their future is in our hands. They dren. And we all know that interrup- I have also heard discussion of taking need our help. They deserve our help. tions in programs such as these are a downpayment approach to the sup- We are Americans. We come together detrimental to the development of the plemental—do a little and come back to help. So let’s do it. next year. Well, that sounds familiar. I children but also the families they I will speak further, but I see the dis- remember hearing a lot of it last year. serve. So we cannot wait to rebuild tinguished senior Senator from New Talk to the person whose house has these centers, and we cannot wait to York. He and I have discussed this. He been destroyed. It is a week before the provide essential health care services has seen more. As bad as Irene was in Christmas season. It is getting cold. to those who have lost so much. If you Vermont, the number of businesses and Tell them that we Senators—it is true, have a health need, we cannot say: homes destroyed pales in comparison we all live in comfortable homes. We Well, we will get back to you in a few to what he has seen in his State and work in a place that has not been months. Your health need is today. the neighboring States. I have heard two arguments against touched—think you should wait and I yield the floor. moving to the emergency supplemental come back later next year. The ACTING PRESIDENT pro tem- as quickly as possible. I have found I would defy any Member of this body pore. The Senator from New York. them surprising. The first is that the to say that directly to one of the fire- cost of this bill should be offset with fighters who saw their home destroyed Mr. SCHUMER. Mr. President, first, I cuts to other programs. This is the or the senior citizen who saw their wish to thank our chairman of the Ju- same argument we heard last year home destroyed or the person who has diciary Committee and ranking Demo- when we needed emergency funding to worked all their life to build up their crat on the Appropriations Committee respond to Hurricane Irene. Well, it business and saw it destroyed. No. for his leadership, his caring, his con- made no sense a year ago. It makes no They want to recover now, not when a cern, and his expertise. The people of sense today. It will make no sense to- Congress that has not been known to New York are very grateful to the Sen- morrow. The suggestion that we should move very rapidly of late gets around ator from Vermont for his concern and cut funding from base budgets of de- to doing something for them. caring. We thank him for that very partments and agencies that are car- After all, we are asking homeowners much. rying out the essential functions of our to rebuild, saying go back and provide Today we begin debate on one of the government in order to pay for an un- their own place to live. We are asking most momentous proposals to effect anticipated natural disaster—that is businesses to reinvest so they can hire New York’s future that we have ever absurd. Mandating offsets means cut- people who are out of work. They need debated, a proposal equal in magnitude ting funding from law enforcement to the assurance that we are going to do and importance to the debate about aid pay for replacing a vital roadway de- our part. You cannot just say: Put your to New York after the horrible attacks stroyed by Sandy. It means cutting money up now, and maybe, just maybe on our city on 9/11. I must say the de- funding for education through Head when we start talking about all of bate is off to a good start. Our col- Start in order to provide clean drink- these things that have no bearing on leagues on both sides of the aisle have ing water to those who have been left what you are facing, we might come shown tremendous concern. Leader with nothing in the wake of Sandy. through 6 months from now and we REID has agreed to allow amendments The point is obvious: These are emer- might not. so that those in this Chamber, particu- gencies. That is why they are called Come on. That is not how we want to larly those on the other side, can make emergencies. We do not do offsets to encourage rebuilding. Homeowners and modifications. Leader MCCONNELL and pay for emergencies. businesses in New York, New Jersey, the Republican minority have not in- I think of what Chairman INOUYE has Connecticut, Rhode Island, and else- sisted on a motion to proceed. So we said. He has said it so many times, where need to know that the funding are beginning this bill in very auspi- whether with Republican or Demo- will be there to complete the rebuild- cious way, in a way that people think cratic administrations: ‘‘It has long ing of public infrastructure. Only the the Senate should work, not one side been the tradition of the Congress to Federal Government has the resources blocking amendments and not the approve disaster assistance without to make this happen. other side blocking the bill. I hope it need for offset.’’ The President’s request is com- can lead to an equally auspicious re- And then he continued: prehensive. And we know the needs to sult. Others will likely come to the Senate floor recover from Superstorm Sandy. Now, I rise today to discuss the greatest to challenge that remark . . . However, in we stood up, Democrats and Repub- natural disaster in the history of my the case of disaster assistance, I challenge licans together, to respond to disasters State and the importance of passing

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8054 CONGRESSIONAL RECORD — SENATE December 17, 2012 the President’s request—the Presi- ceived almost as much damage as New Brooklyn and Queens, whose home was dent’s full request for supplemental York. Transportation: $7.3 billion. Our destroyed out in Breezy Point. disaster aid. subway system, which is an amazing Utilities were $1.5 billion. Many of As you know, Mr. President, system—it brings 31⁄2 million people on our utilities were outdated, no ques- Superstorm Sandy was a catastrophic and off Manhattan every day—the sub- tion. They had no way to commu- shock to the coastline of the North- way and railroad system was dev- nicate. But even if they weren’t, be- eastern United States. In the blink of astated. Much of it was built over 100 cause their power lines are above an eye, the Atlantic Ocean turned from years ago. There was no thought of ground, not below, they suffered huge our greatest natural resource into a such floods, and the system was unpro- damage, as did people. nightmarish monster, swallowing tected. Housing: $9.6 billion. Mr. Presi- Four major hospitals are still whole communities in its path. The dent, 305,000 homes, according to the closed—thousands of beds. They range beating heart for many parts of the Na- Governor’s estimate, have already ap- from Long Beach Hospital, a hospital tion’s economy, New York City, was plied for insurance in New York alone. that serves a local community that is paralyzed for days, and parts are para- My good colleague from Louisiana is right on the waterfront, to NYU, New lyzed to this moment. Whole neighbor- here. She has been invaluable in guid- York University Hospital, which is one hoods, from Long Bench, NY, to Long ing us, helping us, and being at our of the great research and teaching fa- Beach Island, NJ, were ripped from side. She has been through this. She cilities in America. It alone lost over $1 their foundations and washed away. I knows better than any other Member billion of equipment. saw whole communities where almost of this Chamber, I daresay, what this They were told by the companies every house suffered severe damage, kind of disaster can do, but more im- that make their machinery—the radio where the water came in, because of portantly for us, she knows how to deal coaxial tomography, the MRIs—to put the geography, from the north and with these problems because she has them in the basement because these south and sometimes from the north, been through it. She is recommending machines have to be carefully cali- the south, and the west. I saw the dev- to us to keep the places where the Fed- brated given the sea level and the astation. It was incredible. You know eral response worked and modify the slight slant of the floor. They were all that when God’s hand strikes, those responses in places where the Federal washed away, $1 billion of machinery, who are affected are usually severely response did not. That has been invalu- not to mention decades of research. hurt—a tornado, a forest fire, a flood, a able. I take off my hat. I speak on be- I visited—I think they call it the vi- hurricane. half of all of us in the northeast area to varium. It is where the animals are What was incredible about this dis- the Senator, the chair of the Homeland that they have done genetic experi- aster was not the depth of it—we have Security Subcommittee of the Appro- ments on. The white mice that they always seen the depth of tragedies from priations Committee. test for generation after generation natural disasters with our constitu- Anyway, in Katrina about 270,000 were wiped out. ents—but it was the combination of the homes received that type of damage, so Government and schools were $2 bil- depth and the breadth. It was not just we have many more homes damaged, lion. Government buildings were de- one small area in which a tornado, say, gone, flooded. stroyed. I think we have over 40 lighted down and then left; it was a This is a picture, by the way, of the schools in New York City that were de- huge swath of territory, all flooded by 86th Street subway, way up in Manhat- stroyed, mostly by the water. Roads, a perfect storm, a huge nor’easter that tan, far away from the points of New bridges, you name it—the devastation combined with a tropical storm, a full York Harbor. But there was so much is everywhere. It is wide, and it is deep. Moon, and a high tide. flooding—look at it. Remember, this So with this kind of devastation, Experts had said the East River, the water is saltwater. It corrodes every even a large area such as New York Hudson River, Great South Bay would signal, every light. If it were fresh- cannot handle it on its own. Fortu- never rise—never—more than 11 feet water, the damage from this storm nately, we have had a wisdom here in above its previous record, and in place would have been a lot less. There it is, this government for close to a century; after place that record was exceeded, 86th Street. that is, when nature strikes, when the unfortunately, with terrible, tragic I mentioned that homes were de- hand of God comes down on Earth and consequences to that occurrence. stroyed. Here are two examples. This is creates the kind of damage that man The tragic storm was an unfortunate a house on Staten Island. Whole com- can’t comprehend, no locality can han- wake-up call for New York and the rest munities like Midland Beach were to- dle it on its own, then the Federal Gov- of the country that we need to do much tally upended. Water was 6, 7, 8, 10 feet ernment steps in, which means the more at the Federal level, the State high. It did not just go in 1 street but country as a whole steps in. When level, and the local level to prepare, 10 streets, the powers of the ocean were there were hurricanes in Louisiana and protect, and fortify our vulnerable in- such. Home after home looked like Mississippi, the whole country stepped frastructure from future storm surge this. It is incredible. I have held these in. We said: We know this is too much activity. Our region suffered, according homeowners in my arms—children, for you to handle alone. When there to mainstream estimates, nearly $100 women, grown men who were dis- were forest fires out west, the whole billion worth of damage. That is just traught about the future. Who can country stepped in, saying: We know the damage that has been measured up blame them? you can’t handle this kind of devasta- to now. We are going to see future Here is another. In some places, be- tion on your own. When there was damage that has not yet been uncov- cause the saltwater created fire in the flooding in the Missouri and Mis- ered, estimated, or even found. electrical systems of the houses, whole sissippi valleys, the Federal Govern- Governors Cuomo and Christie re- communities were knocked out. In ment came in. quested about $80 billion of recovery Breezy Point, 101 homes burned to the We in New York—hundreds of mil- and mitigation funds. President Obama ground amidst the rain and the wind lions—over the decades, probably bil- called for approximately $60 billion. He because the water systems—when the lions of our tax dollars went to help scrubbed the proposals of our Gov- electricity failed, the firefighters could these regions, and I never heard any ernors. OMB was very careful. They not pump, and the fires spread from complaints about it. We are one Na- spent about a week looking over the house to house to house. tion. When one part of our Nation suf- proposals and tried to narrow it down There is a shrine here. It is a statue fers, we all suffer, particularly in these to the most essential and most imme- of the Virgin Mary. It is the only thing days of an interrelated economy. New diate needs. Our delegation—Demo- left in this whole area. Now people York buys billions of dollars of prod- crats and Republicans from the New come and place flowers and pray and ucts from New Jersey and the rest of York-New Jersey area—believes that meditate by that statue. the country, and so people did it. $60 billion is a fair starting point. Incidentally, one of the homes that Now, of course, the devastation has The damage numbers are mind-blow- was destroyed was that of our Congress hit us, and we know our colleagues will ing. Here are a few examples. This is Member, Congressman TURNER of stand by us as we have stood by them. from New York alone. New Jersey re- Brooklyn and Queens, Republican of We know they will give a careful look

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8055 to our proposal, but they will not delib- I remember there was a proposal on will be paid for now. But the CBO erately put barriers in the way because the floor after Katrina. There was a study, like many things CBO does—we they don’t want to treat New York dif- railroad that was very close to the all know this—was based on very nar- ferently. They don’t want to treat New shore. Yes, it would have cost more row assumptions that don’t apply. Let Jersey differently than they treated money to rebuild the railroad a dis- me give an example. There is $17 bil- the others. tance inland. I don’t remember how lion of CDBG money requested. That is We have heard three questions about much. I think it was about a mile in- where most of the help is. Senator this package, and the questions are land, and it cost about $700 million COCHRAN and Senator LANDRIEU these: more to do. Senator COCHRAN and Sen- learned this when they had their prob- First, should we have offsets to the ator Lott made the argument on the lems. It goes for the housing and some monies that are proposed here? floor, and it made sense to me, and I of the other things, and it gives a little Now, we have not done that in the voted for it. I think all of us in the flexibility to the governments that long history of disasters, for a good Northeast did. So mitigation makes they need—not a wide berth but a little reason. You will never get the disaster sense. more flexibility. money if you have to pit an existing The third argument we have heard, CBO said that only $75 million of it Federal program against disaster which is probably the one gaining the would be spent this year. Well, that money. We have always said that dis- most weight now, is let’s just spend a was based on an old program that ex- aster is treated separately, and we year of this money now, and we will see isted during Katrina. It was based on would hope that would continue. It what happens later. the fact that many of those who were would not be fair or right to do this That would be nice, but there are hurt in the area, particularly in New now. I would say to my colleagues, if three things wrong with that. First, Orleans, fled, and it took them months we begin a pattern of offsetting now— sort of esoteric—it is the way we budg- and months to even come back, let there was some attempt to do it with et. We have outlays, and we have budg- alone begin building homes. It was Irene, but in a bipartisan way we re- et authority. While the outlays may based not on the new legislation that jected that in this body. If your whole not be great for this year because not has been proposed—which allows build- area is hit next and you have to sit all the money will be spent, we have al- ing to occur quickly and more easily there and wait while Congress fights ways had budget authority that recog- based on some of the recommendations over offsets, what are you going to do? nizes that things take more than a of my colleague from Louisiana, Sen- It would be an awful precedent to start year to build. To cut back on the budg- ator LANDRIEU—but on the old stuff. that. et authority, not the outlays, would be CBO said we will only spend, I believe Second, we have heard: Why—what is it is $1.8 billion on transportation this this mitigation? against the way we budget around here and a new double standard, I would year. The MTA has already bonded for Some people have used the word $4.6 billion in repairs they need to ‘‘stimulus’’ to be equal to ‘‘mitiga- think, that would tie us up in knots in the future. make over the next 2 years. tion.’’ The two words are totally dif- It makes no sense, and I think there The second argument: How can you ferent. As I understand stimulus, in the is a chart here—it says ‘‘point to build a year at a time when many of stimulus bill there was a percentage of chart,’’ but there is none, so I would these projects take more than a year to programs that were put in that had point to the atmosphere. It just didn’t nothing do with the stimulus, and that design, plan, and construct? We have to redo the Brooklyn-Bat- match up to what the MTA’s needs was probably a mistake. I don’t think were. When I told the MTA what the tery Tunnel—the largest underwater it was a large percentage of the stim- CBO said, they said, ‘‘What planet are tunnel in the world, certainly in the ulus, but it sure stuck in people’s they on?’’ The FTA is now going to be country. Are we going to say: We will minds. the spend-out program. That was a rec- give you enough money to build a quar- Any proposal that has nothing to do ommendation made by the folks from ter of it today, and then come back with a storm, a natural disaster, the Gulf States after Katrina. shouldn’t be in this proposal. We agree next year and see if we should build a The FTA said it is much better to to that. We believe OMB has scrubbed second quarter. No business would have a transit agency deal with re- it, so there is no stimulus-type money work that way. No government should building transit than to have FEMA do here. There is mitigation money. What work that way. Most of these projects it; payout would be much quicker. But does mitigation mean? Mitigation need to begin now but may take more CBO based its estimates on the old means, quite frankly, that you rebuild than a year. To say we are only giving FEMA model because they don’t work but you rebuild in such a way that if, money for the year doesn’t make much on new models. We have learned that in God forbid, there is another storm, you sense. That is the second argument the health care and other debates. don’t suffer the same damage. You against this 1-year policy. So the CBO study is wrong. It is just don’t put all those machines in the Third is the way FEMA and many of wrong. Those are the three arguments basement of NYU again; you move these agencies work. They don’t reim- made against it, and none of them real- them up to the third floor even if it burse you ahead of time. You don’t ly hold up. costs a little more. You don’t simply submit a proposal and say: My house I say to my colleagues, if you can rebuild the South Street subway sta- has $80,000 worth of damage. Send me find stuff that is not disaster related in tion the exact same way; you put in ei- the money, FEMA, and then I will hire here, that is a legitimate argument, ther steel doors or those air bag-type a contractor and pay for it. and we will work with you and scour things so that if, God forbid, another No, no. What FEMA tells the govern- the package more. But on offsets, on flood comes, the station won’t be flood- ment, individuals, small businesses—it mitigation, and on this idea, let’s just ed and we won’t have to spend the says: You go contract it. We will ap- give the money needed for 1 year and money all over again. Mitigation prove that that is actually the money wait and see what happens in the sec- means that if the dunes are wiped out that was needed due to the storm, and ond year. You just can’t rebuild an across the Rockaways and Long Beach, then we will pay you. area if you do those things, most of you build them up. You probably build So if we don’t have the money there which are counterintuitive. them up a little higher so the damage— now, how can we expect businesses and There are a few more points I wish to God forbid another storm comes—won’t homeowners and governments to out- make. New York has to do several be as great and the expense won’t be as lay billions of dollars that are needed things at once. We have to simulta- great. We have always done mitigation. and hope that maybe next year, we neously rebuild, but we also have to It has always been part of our bill. might allocate some money? It will at protect against future storms, and to I am glad to see my good friend from best dramatically slow down the rebuild now makes sense and to protect Mississippi here, who has been of such growth or the rebuilding we des- makes sense. We can either invest in help and encouragement to us. All of us perately need, and it could halt it in its protections now or we will pay later. in New York and New Jersey so appre- tracks. That is vital to know. ciate his wise, quiet, kind, and intel- There has been a CBO study that says Second, I would make the point that ligent counsel. that only a small amount of the money within about 2 weeks after Katrina,

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8056 CONGRESSIONAL RECORD — SENATE December 17, 2012 Congress passed $61 billion in aid. This the Constitution. We cannot interpret there are limitations on the first, idea we are moving much too quickly the first, third, fourth, fifth, and sixth third, fourth, fifth, and sixth—do not is belied by what happened there. amendments as broadly as possible and interfere with the fundamental right Third, on the issue of mitigation, the then say the second amendment should and, in fact, that no amendment can be Stafford Act says there is a need and be seen through a pinhole of militias, absolute. an ability to do mitigation. And in that it only affects militias. That is I believe you can be both pro gun and fact, it has shown that $1 invested in only fair. But then our colleagues on pro gun safety just as you can be in mitigation saves $4 down the road. So the other side must acknowledge that, favor of free speech but also against we have lots of things here that are yes, there is a second amendment child pornography. brought up legitimately but don’t right—and by the way, the Heller deci- We need to start this conversation make sense. sion now makes that the law of the now, without delay. We owe it to our- In conclusion—and after this I want land, so I hope our folks who are pro selves as a Nation but in particular to to say a brief word about what hap- gun realize no one is going to take our children. pened at Sandy Hook, so close to my their guns away. Before the Heller de- I yield the floor, and I suggest the ab- area—I hope we can come together in a cision there was a view every bit of gun sence of a quorum. The ACTING PRESIDENT pro tem- bipartisan way and pass this legisla- control is a way to eventually con- tion. I appreciate so much that we are pore. The clerk will call the roll. fiscate the hunting rifle your Uncle The bill clerk proceeded to call the off to a good start—no blocking the Tommy gave you when you were 12 motion to proceed and allowance of roll. years old. But there is a Heller decision Mr. MENENDEZ. Mr. President, I ask amendments—and I look forward to and that is a bulwark against it. unanimous consent that the order for working with my colleagues on both I think those of us on the gun control the quorum call be rescinded. sides of the aisle to solve this serious side should accept it, that it is only The PRESIDING OFFICER (Mr. problem. fair, only right the second amendment FRANKEN). Without objection, it is so NEWTOWN, CONNECTICUT TRAGEDY to the Constitution is there just as the ordered. I will be very brief, Mr. President, others are and deserves respect and not Mr. MENENDEZ. Mr. President, I but I wanted to say a few words about an endless effort to chip away at it. rise today for the people of New Jersey Sandy Hook. But then our colleagues on the pro gun whose lives have been turned upside I rise this afternoon to join our Na- side should admit another thing, and down by Superstorm Sandy. I rise for tion in grieving for the 28 lives that that is that no amendment is absolute. families and small businesses still try- were lost at Sandy Hook Elementary As important as it is, as constitu- ing to recover, for homeowners in Lit- School in Connecticut on Friday. tional, as enshrined as it is, no amend- tle Ferry, shopkeepers in Moonachie, Words are not sufficient to describe the ment is absolute. and for every family who lost property, horror we feel as a Nation as the days Take the first amendment. We can’t possessions, and homes in Union Beach go by and the events of last week falsely scream fire in a crowded the- and Seaside Heights, and all along the gradually sink in. I see the pictures in ater. That creates such danger. That is Jersey shore. the newspapers of these beautiful an impingement on someone’s first I rise, for example, for this resident young children and, like others, I don’t amendment rights. We have anti-child in Pleasantville who, you can see from know what to do. There is a lump in pornography laws. We should have this photograph, pretty much lost ev- the throat, and I wish I could make it them, but that too is a limitation on erything. This is the side of his house, go away. I wish this man who did the the first amendment. Even libel laws, totally ripped out. It looks like a doll- shooting didn’t exist or didn’t do what in a pure first amendment world, you house. But he was optimistic and hope- he did. It is horrible. could say and defame anything about ful for the future despite his chal- I read about the parents of the 300 or anybody you wanted. We say no. That lenges. This Sandy relief package is for 400 children in the school who were is a limitation on the first amendment. him. By the way, he is a veteran. brought to a firehouse, and as they Well, just as there can be limitations I rise today for the 40 New Jerseyans found their child had survived, the on the first amendment, and yet the es- who lost their lives in this powerful, names of the parents were called out so sence of the first amendment is pre- devastating, and destructive storm. they could reunite with their kids. As served, the same should be true of the As we come to the floor in the face of the numbers grew less and less and second amendment. that tragic loss of life, I know all of my less, imagine being in the group that I was the author of the Brady law. I colleagues join me in offering our remained. Horrible, just horrible. don’t think it has interfered with a le- thoughts and prayers to the loved ones Today the conversation turns to gitimate owner’s right to have a gun in of the victims of Superstorm Sandy. I what do we do about this and what do all the years it has been around, while hope all of my colleagues will join me we do about gun violence. I believe we at the same time it has saved tens of in casting a vote that tells those fami- need a new way forward on guns that thousands of lives. There are some on lies they are not alone, that we are all breaks through the gridlock that has the extreme side of the right who say: in this together; a vote that says we paralyzed us on this issue. We cannot Oh, no, get rid of the Brady law. They are ready as a Nation to help families have each side just yelling at each believe the second amendment should and businesses and communities re- other and accomplishing nothing. We be absolute. But they are wrong. cover when there is disaster. cannot be gridlocked on this issue as I would argue that other changes— I join with Senators LAUTENBERG, we are on others. Both sides need to making it harder for mentally ill peo- GILLIBRAND, and SCHUMER, and every recognize something. Those of us who ple to get guns or saying assault weap- Senator from the affected States, to are pro gun control have to realize ons are weapons of war and don’t be- thank the President for the request of there are large parts of the country long on our streets but belong on the $60 billion in aid to help our States where guns are a way of life. battlefield—do not interfere with the begin the rebuilding process. This I know a little bit. When I was a kid, enjoyment I experienced when I went package is certainly a very good start. I got instructions on how to shoot a .22 hunting with BEN NELSON, nor with the The damage we saw after Hurricane rifle from an NRA-trained supervisor right of a small shopowner in a bad or Superstorm Sandy is difficult to de- at my camp—summer camp—and I neighborhood who feels he needs a gun scribe, in part because this was not wasn’t a bad shot. I won a couple of or she needs a gun to protect them- only a powerful storm but it was an in- those merit badges for marksmanship selves. credibly massive storm. We felt the and sharpshooter. A few years ago, I We can come together. There can be greatest impact in New Jersey and New had the opportunity to visit with our a way of moving forward in the middle, York, but as you can see from this colleague BEN NELSON. He took me out with the left admitting the second NASA photo, the storm obscures al- pheasant hunting. I enjoyed the experi- amendment is important and as much most all of the Northeast in this sat- ence. So we have to acknowledge that a part of the Constitution as the oth- ellite photo. guns are a way of life and that the sec- ers, and with the right admitting that The numbers are staggering across ond amendment has a rightful place in limitations on that amendment—as the region. We lost 40 people in the

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8057 storm. Based on preliminary estimates, flooding. In this picture, Mei Zhu sur- service has been restored, but even over 300,000 homes in New Jersey were veys the damage inside her home. And today the Port Authority’s PATH ter- severely damaged, over 20,000 homes that look of absolute fear and terror of minal at Hoboken, which brings thou- were absolutely destroyed or made un- what is before them is a look I have sands of riders back and forth between inhabitable. But we fear the numbers seen far too many times on the faces of New York and New Jersey and the will be even much higher as reporting New Jerseyans. major financial markets of this Nation, continues. The preliminary damage es- The foundations of some homes were is inoperable and it still won’t be back timate provided by the State of New ripped away, causing fear of physical on line for some time, affecting the Jersey is now up to $36.9 billion in collapse. Other homes were condemned commutes, the lives, and pocketbooks damage, and everyone expects that and residents were told to leave. Ac- of 30,000 passengers who use that sta- number will rise. cording to construction officials, in tion every weekday. This closure has These are numbers. They may be a this borough alone a list of 39 homes hurt many local small businesses and way to quantify the damage, but they with collapsed foundations and 246 is forcing some workers to take a 6:30 fail to paint a picture of what we have other homes were severely damaged. a.m. bus every morning instead of an 8 seen throughout the State: the level of After these repeated floods, many are a.m. train. Others are taking ferries, of destruction, the faces of many thou- now asking for their homes to be course far more costly than their sands of displaced people who find bought out, but an additional $55 mil- PATH ride, meaning that their per- themselves homeless and basically lion is needed to allow these residents sonal budgets are hit dramatically nothing left from their homes—their to move on. This bill has the resources each and every week that they are possessions, their keepsakes, their needed to allow the State to fund these going to work. Superstorm Sandy memories, all gone. Entire neighbor- buyouts and allow Sayerville to deal caused an estimated $7 billion in dam- hoods, where several generations of with its new realities. age to transit systems across the re- families lived in close-knit commu- Here now are two pictures of Union gion, disrupting not only people’s com- nities, gone, thousands of decades-old Beach, NJ, a working-class town that mutes but taking time from them to small businesses ruined, their owners could not afford the local $30 million to spend with their families and money unsure if they will have the ability or $40 million match for an Army Corps out of their pockets. Here is a picture from a security the means to rebuild. We are getting beach engineering project. more damage numbers, but the human In this photo, you can see the storm camera showing the rushing corrosive toll is truly incalculable. devastated entire neighborhoods. Re- seawater into the station of Hoboken, The sheer scope of the damage is also building defenses only to the standard NJ. The saltwater has been pumped out and the silt that had accumulated has difficult to fathom, but to get a better that existed before the storm will give been dug out, but electrical equipment sense of that, we have compiled some us more of the same in the next storm. will need to be replaced and rebuilt be- pictures that I hope to show our col- If we don’t do things differently, we fore we see the tens of thousands of rid- leagues. Let me thank the Star-Ledger, shouldn’t expect a different result. ers who rely on this station traveling New Jersey’s largest newspaper, for In this next photo, you can see again. helping me compile these images from houses that were crushed by the Other than the destruction wrought their photo gallery to tell the story of storm’s surge. Yes, we can help these the devastation Sandy caused to our by the storm surge itself, arguably the homeowners rebuild, but if we don’t re- biggest impact of the storm was the great State. build smarter, better, and with strong- This is the Mantoloking Bridge loss of power. At the outage peak, ap- er coastal protections, we will be back which crossed Barnegat Bay and con- proximately two-thirds of the entire here again after the next storm paying nected Brick with Mantoloking before State was without power. Ten days the same price both in terms of human the storm, and here it is after the after the storm, 10 percent of the State storm. As you can see in this picture, suffering and Federal funds. was still without power. Without I appreciate that colleagues came to the storm surge ripped a gash right power, these customers did not have see the devastation, the many adminis- through Mantoloking. These homes heat, despite temperatures in the low tration officials, and the Vice Presi- were largely all destroyed. As a matter 40s. Of the 40 New Jersey deaths, about of fact, the nature of the New Jersey dent. We saw the difference between an half were directly related to the loss of coastline has now changed and there Army Corps-engineered beach and one power, including oxygen machines are inlets where there were none be- that is not. Where there was an Army shutting off, people falling in the dark, fore, and it has totally rewritten the Corps-engineered beach, you had very carbon monoxide poisoning from gen- geography of the New Jersey shoreline. little destruction. Where you did not, erators, and hypothermia. Fully restor- The relief package we are debating you had massive destruction. The ing power was a Herculean task, re- today will help us repair, yes, this storm proves what the Army Corps of quiring utility crews from as far away bridge, as well as some of the sur- Engineers, academic studies, and local as Oklahoma and Quebec to help local rounding homes that were clearly lost communities have been telling us for line workers. and part of the highway that will need years: Beach engineering works. It pro- At this moment our defenses are so to be rebuilt, and it will help us defend tects lives, it protects property, and it low. It is like your immune system; this community from the fear of this saves us money in the long run from when your immune system is depleted happening again, of part of the commu- repetitive loss. and at its lowest, you are most suscep- nity totally being ripped out. This next image is what you can see tible to getting ill. Up and down the While much of the damage was on the by helicopter all up and down the Jer- New Jersey shoreline, we are totally Jersey shore, northern New Jersey sey shore. This is one part, Ortley defenseless. All we need is a north- communities such as Little Ferry, as Beach, where many homes were de- easter—God forbid—and we will be in seen on this photo, and Moonachie saw stroyed and totally encased in sand. critical shape, unless we get this extensive river flooding when a berm Many communities going back blocks money to rebuild. failed. I was actually by this location and blocks off the beach will be found The Jersey shore was the epicenter of and saw FEMA emergency manage- in very similar sets of circumstances. the destruction caused by Superstorm ment teams, as well as local police and Just to give you a sense of the mag- Sandy, as the storm made landfall near firefighters, getting people out of their nitude, this is one community. Mul- Atlantic City. From Sandy Hook to homes in rafts in order to be able to tiply that by a whole host of commu- Cape May, tens of millions of people get to dry land. Private property dam- nities along the Jersey shore going visit the shore every year. It generates age to both towns has been estimated back literally blocks and blocks of this $38 billion in revenue to thousands of to exceed $15 million. This bill will picture. businesses annually. Here you can see help these people rebuild and provide In a different context, hundreds of the tremendous damage at the iconic the State the resources it needs to thousands of New Jerseyans have had Casino Pier at Seaside Heights. This build the berm back stronger. their commutes disrupted because of photo shows more than just a mangled In Sayerville, this is the third time the storm. Every single New Jersey roller coaster; it symbolizes the de- in 3 years they have experienced severe Transit rail line was affected. Most struction of an entire community—the

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8058 CONGRESSIONAL RECORD — SENATE December 17, 2012 small businesses that rely on this and money will be there at the end. If we than being divided by our differences. other attractions and fuel this shore wait, if we do not put up the money, This is the lesson we learn and to- community. then some of the rebuilding will also gether we will rebuild and the Garden New Jersey small businesses have wait and a piecemeal recovery is a State will bloom once again. suffered a combined $8.3 billion in dam- stalled recovery and, in all likelihood, I look forward to my colleagues sup- ages, according to preliminary anal- a failed recovery. porting us in this effort as I have sup- yses. Here in Seaside Heights, many The need is clear for passage of the ported our fellow Americans, their peo- shore businesses were devastated. Here Sandy relief package for my State and ple in their State and their challenges. in Bay Head, a salon has its flood-dam- for the entire region devastated by the This is one in which we need them to aged furniture piled out front awaiting storm and the ruin it left in its wake. join hand in hand with us and to re- removal. When we went to Long Beach We have just gone through an election member that but for the grace of God Island with about four of our Senate at the heart of which we debated the there go I. colleagues, they saw block after block role of government in our lives. I sub- This will happen someplace, some- of businesses totally closed. This isn’t mit we need to focus on what govern- time in another part of the Nation, and about seasonal businesses. These are ment does to help build the spirit of I will be proud at that time to once businesses that actually would be open community we have seen in action in again say, yes; this is the United but for Superstorm Sandy. the aftermath of this devastating States of America. Here is a business owner cleaning up storm. Americans across the country Mr. LAUTENBERG. Mr. President, after flooding at Elsy Auto Repair in were riveted by the stories of the im- on October 29, one of the largest Atlan- Newark. It gives you a sense of the mediate aftermath of the storm: the tic hurricanes on record slammed into breadth and scope of the shore, Newark pictures of entire communities under- the Jersey shore. At the same time, a and all types of communities affected. water, homes moved blocks down the winter storm system hit New Jersey I wanted to walk through these road, homes and train cars blocking from the west, creating a superstorm photos to give my colleagues and fel- Federal highways, hospitals closed, gas that did unprecedented damage to my low Americans a sense of the damage lines miles long, people waiting hours State. we have seen throughout my home for fuel to run generators to keep their When the sun came up the next day, State. But what I have shown you still homes heated and families warm, parts of New Jersey looked like a war does not do justice to the full impact of weeks of fuel rationing and no transit zone. Reports indicate that more than 30 the storm or the devastation people or Amtrak service for the entire region people in New Jersey were killed, and went through. Every part of New Jer- for people to get to work or visit their at least 100 in the U.S. lost their lives sey was affected by the storm and we families. need your help to recover. Without a doubt, these were trying as a result of this storm. Across New Jersey, 350,000 housing Unfortunately, there are those voices times for New Jersey. But now, just be- saying the cost to help families rebuild units were damaged or destroyed. cause those scenes are no longer show- Imagine how all of those families and recover is too much, that it should ing in living rooms across the country, felt. Imagine having to evacuate, and be reduced; that in this emergency, un- does not mean the pain is not there. It coming home to find nothing there. like many other similar emergencies in does not mean the recovery is over. The place where you raised your chil- the past, we should do something Thousands of families are still dis- dren and created so many memories— smaller and wait to do the rest later. placed from their homes and will be for Those who make such arguments gone. months to come. Across our State, 75 percent of small could not, respectfully, be more wrong. We face this at the beginning of a businesses were affected; big parts of We cannot rebuild half a PATH station, winter. Many of these superstorms and our transportation system were shut a little now and more sometime in the hurricanes come in tropical times. We down; and our electrical grid was crip- future; we cannot permanently repair are in the midst of winter. The bite is pled. There were approximately half the Mantoloking Bridge; half a even worse. Transit lines are still out. 2,400,000 power outages in New Jersey, bridge is not a bridge at all. We cannot Community infrastructure still has to affecting roughly two-thirds of all hire a contractor to rebuild half a be rebuilt. Now is not the time for the power customers in the State. house or restore half of a community. Federal Government to walk away. It In response to this devastation, I was We need the money in place to rebuild is more crucial now than ever for the proud to see New Jersey Governor entire projects and entire areas to en- Federal Government to help devastated Chris Christie and President Obama sure that families and businesses dev- communities rebuild, to help families put aside their political differences and astated by the storm can recover. get the assistance they need to repair join together to help people in a des- Right now there are tens of thou- their homes and put their lives back perate situation. This bipartisan lead- sands of small business owners trying together. I, for one, will not rest until ership made the whole country proud. to decide—their life is on hold—wheth- the rebuilding is done. We have an opportunity with the bill er I will have some assistance by the Whether in the Senate or before in we are considering this week to show government that will help me reopen my role in the House of Representa- that kind of leadership here in the Sen- or I will pack it in. They need to see a tives, I have never said no to disaster ate. full Federal commitment right now to funding—whether that was a result of The Superstorm Sandy supplemental know they have the resources and the Hurricane Katrina, for the people of appropriations bill will help New customers they need to make it. Half a Louisiana, Alabama, Mississippi; Jerseyans recover from this storm and loaf or a wait-and-see commitment is whether there was flooding along the rebuild our State so we are stronger for simply not good enough. Mississippi; in another context, wheth- the next storm. I do not want our small businesses to er it was tornado disasters in the Mid- The bill extends $60,000,000,000 of aid pack and move on. I do not want west; whether it was crop destruction to New Jersey and the region. multigenerational businesses to end for our farm States, I have not said no That’s about $20,000,000,000 less than because of a superstorm. I know Gov- because I believe that is the essence of New Jersey and New York estimated ernor Christie doesn’t want them to why we call this country the United the States would need—and those State move on either. We want them to re- States of America. estimates took weeks to compile and cover and stay in New Jersey. Disaster The only difference is the location were done with help from third party reimbursement from FEMA and agen- and extent of the destruction. Now it is analysts. cies such as the Department of Trans- time for my fellow Americans to stand Simply put, the bill before us is a portation only flows when a project is with New Jersey. We have been bat- reasonable down payment on the basics completed. That makes the spending tered, but we are not broken. We are of our recovery and rebuilding effort. seem slow but actually the rebuilding stronger and more united in our efforts Where private insurance wasn’t happens much more quickly. Local to work to recover, rebuild, and recom- enough, this bill will help residents and communities are able to budget and mit ourselves to uniting around com- small businesses pick up the pieces and contract for a project, knowing the mon concerns and shared values rather begin to restore their lives.

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8059 It helps fund the repair of our dev- fire to protect her students and tried to ommendations of that commission, I astated transportation network, our alert them through the intercom sys- would also be able to support it. damaged electrical grid, and other pub- tem; to teachers in the classrooms and We need to look at guns, mental lic infrastructure. a teacher’s assistant who literally health, and those things that glorify And the bill provides for proven Fed- shielded them with their own bodies violence in our society or glorify that eral programs that will help reduce and their own know-how. Then there somehow or another guns are a solu- flood risk along New Jersey’s shore and were the police and other law enforce- tion to every problem we have. protect the investment we are making ment who went into the school, not Today, the funerals in Newtown in rebuilding coastal communities. knowing what danger and horror they begin. Our mourning will go on for a The situation in New Jersey is still would face or how they could rescue long time, but our work as well must desperate. the children. There were the ambu- continue over the days and the weeks Tens of thousands of New Jerseyans lance drivers who raced to the scene, ahead. I intend to work with my col- face unemployment because of the paramedics, and even grief counselors leagues to change the law and change storm. needed counseling at one point. the culture of violence. And 7 weeks after Sandy, more than In this situation, the families bear I also rise to speak on my commerce 40,000 people in New Jersey are still out this incredible grief, but we all do too. and justice bill. I want to focus on my of their homes. Their suffering will Whether for those people on the scene, national responsibilities as the chair- only increase as we enter the coldest for those who have the permanent person of the Appropriations Com- months of the year. wounds of the bullet or those in Con- mittee on Commerce, Justice, and And the Hoboken PATH station re- necticut or those families who will Science. I also wish to point out that mains closed as well, causing local bear the permanent impact of this Maryland was hard hit too, especially the communities in the lower shore businesses to shut their doors. tragedy, we lift our hearts in prayer for and in particular the community of How long are we going to make peo- these victims and we lift our voices to Crisfield. I will speak more about ple wait for relief? end violence in America. We must look Maryland and what we faced during When other States have suffered at ending violence in our country. We overwhelming disasters, Congress has Hurricane Sandy tomorrow. need to be able to look at the issues It was ironic that when the hurricane helped them rebuild and restore. That around gun control and ammo control, is what we do as Americans—we help hit, we faced hurricane winds in one but that is only one aspect of it. We part of our State and a blizzard and each other in times of need. also have to look at issues related to We saw the worst of Mother Nature nor’easter in another part of our State. mental illness because for those who So we had State troopers on snowmo- in Superstorm Sandy. But we saw the suffer mental illness—whether it is best of the American people. Neighbors biles trying to go in to rescue vulner- those who have the illness themselves able populations in Garrett County. We helped neighbors, and leaders put poli- or their families who try to cope with tics aside. also had our State troopers and guards it—they are often alone and helpless. on rafts and on swiftboats going in to Now it is our turn in the Senate to That is not by way of explanation or join together across party lines and rescue vulnerable populations being hit excuse for what happened in Con- by the flooding waters and the horrific help rebuild New Jersey, New York, necticut or Colorado—what happens and the other States that were dev- hurricane winds. Although we were not now all too frequently in our society. hit in Maryland the way New York and astated by Superstorm Sandy. But there is a pattern, particularly of Let’s pass the Sandy supplemental New Jersey were, we face damages too. young men over the age of 18 and below Up and down the Atlantic coast, appropriations bill this week. 30 who seem to fall between the cracks, there was tremendous damage. I am I yield the floor and suggest the ab- missing the help they need to be able here to talk about the CJS portion of sence of a quorum. to deal with those demons inside them- The PRESIDING OFFICER. The this urgent supplemental. It provides selves. We need to be able to focus on $513 million to repair, replace, restore, clerk will call the roll. that. The bill clerk proceeded to call the and rebuild our communities and our I agree with the President who said critical assets. In our case, the CJS bill roll. last night: Ms. MIKULSKI. Madam President, I is about restoring critical assets for No single law—no set of laws can eliminate ask unanimous consent the order for Federal law enforcement, our weather evil from the world, or prevent every sense- prediction and weather facilities, the quorum call be rescinded. less act of violence in our society. But that The PRESIDING OFFICER (Ms. NOAA, and what was damaged in our can’t be an excuse for inaction. Surely, we fisheries program. Even NASA’s space- CANTWELL). Without objection, it is so can do better than this. ordered. port Wallops facility was damaged by We must do more to protect our chil- Hurricane Sandy. NEWTOWN, CONNECTICUT TRAGEDY dren and our communities, not only When a storm such as Sandy hits, it Ms. MIKULSKI. Madam President, I with words, prayers and vigils but ac- devastates everything in its path, in- rise to speak as the chair of the Sub- tually with the deeds here. cluding Federal facilities, such as the committee on Commerce, Justice, and So know I will join with my col- offices and equipment of our law en- Science, to talk about the aspects of leagues to reinstate the assault weap- forcement agencies. Our Federal law my bill, the parts of my bill that are in ons ban. I plan to work with Senator enforcement agencies—the FBI, the the supplemental. But before I do, I FEINSTEIN to introduce a bill that will Drug Enforcement Administration, the want to join with other Americans in deal with military-style weapons and Bureau of Alcohol, Tobacco, and Fire- extending my deepest condolences to high-capacity bullet clips. Weapons of arms—were also hit. We need to make the families in Connecticut, those 26 war have no place on our streets, in our sure we maintain support for these law families who faced a tragedy of such schools or in our homes. enforcement agencies, and therefore we enormity that it is impossible for the For those who cry: Oh, it is regula- have in this appropriation $15 million mind to comprehend and the heart to tion—we regulate food for our safety. for the Department of Justice to repair endure—the murder of 20 sweet, inno- We regulate cars for our safety. We these facilities by replacing equipment cent children and 6 teachers who died need to now look at regulating guns. and operational tools damaged by Hur- protecting their children. But know that, as I also said, we must ricane Sandy. When we look at the photos of the also look at the issue of mental illness, This will also help FBI facilities in children, we see in many of them the particularly in young adults. New York and New Jersey that were faces of our own families. We can only Our colleague Senator LIEBERMAN is hit. The New York field office, resident imagine the agony they are facing proposing a commission on violence. I agencies, and even labs and case record right now. I wish to extend my heart- am often skeptical of commissions, but storage facilities were damaged. They felt support to them and also to all I believe if JOE LIEBERMAN headed up are all important in dealing with fight- those who responded to the tragedy: that commission and we looked at it, it ing crime, whether it is terrorism, or- those on the scene, the school principal would come out with an action plan. If ganized crime, or financial fraud. Sew- who literally put herself in the line of there was a pledge to support the rec- age and mud destroyed the New York

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8060 CONGRESSIONAL RECORD — SENATE December 17, 2012 field office mobile command center, Also, we need to repair NASA facili- Legal aid will be doing this, and they specialized laboratory trucks, and evi- ties that were damaged along the will be also coordinate pro bono orders. dence response team vehicles. coast. Beaches were washed away near We see this bill not just as spending This appropriation also has $1 mil- the NASA launch pad at Wallop’s Is- on these items, we see this as helping lion to restore the tools the Drug En- land. The launch pad sits steps from the communities get back on their feet forcement Agency needs to go after the beach, and workers had to stop and ensuring they have vital Federal drug traffickers. Radio communica- testing the rocket that will be used to services in law enforcement and the tions and the antennas to stay con- take cargo to the space station. After safety and protection of their commu- nected were damaged. The New York Hurricane Sandy, they said they had nity. We need to maintain the safety of division’s information technology sys- not seen this much damage in over 6 our Federal prisons and make sure tem needs all the help it can get to be years. This is a very important facil- there is safety and access to our ports able to replace those 15 vehicles used ity. There were other NASA facilities in order that safe navigation will be for important kinds of forensic detec- that were damaged because of the im- provided. tion and wiretap that were lost to pact and their closeness to the beach. For every dollar we spend, we are flooding or crushed by falling trees. We also need cleanup. Entire coastal going to be creating jobs. It is going to Also included in the appropriations is communities were washed away. The take jobs and human beings to replace the Bureau of Alcohol, Tobacco, and magnitude was amazing. Right now we and replenish our beaches. This is im- Firearms, which will get $25 million. have debris from storm damage that portant. It is a jobs bill. When we talk Flooding swept through the ATF of- can be dangerous to fishing vessels, about going in and stabilizing our pris- fices in Brooklyn and Manhattan. It public health and safety, and to marine ons or helping with the New York field damaged communication, security sys- life. This funding is important for the office, and so on, these are going to be tems, and other tools Federal agents communities hit by Hurricane Sandy jobs in construction, in office space need to detect crime, fight crime, iden- and also for the west coast commu- restoration, and mold mitigation. tify the perpetrators of crime, and nities that are still struggling with de- Item after item will help provide an gather the evidence. bris. I understand in Oregon, Wash- opportunity that even men and women We have $10 million in here for the ington State, and in California they whose jobs were displaced because of Bureau of Federal Prisons. Ten Federal are still dealing with debris from the prisons were affected by Hurricane this storm will have the opportunity to Japanese tsunami. I know the Senator be able to participate in these Federal Sandy, located in four States: New from Washington State as well as Sen- York, New Jersey, Pennsylvania, and contracts to rebuild the very commu- ator MURRAY have spoken to me about nities that they are from. I know we West Virginia. We need these repairs to it. meet safety and security requirements hope that happens. We need to clean up what was washed After all of this, we are going to have to make sure the inmates are kept se- up. It is important not only for the cure and the prisons are fit for duty. safer beaches and safer navigation. We safety of our beaches but also so that are also going to continue the excellent They will need $10 million to be able to ships have clear navigation. We are do that. work that has been done by NOAA and also going to be looking at coastal weather forecasts. They gave us plenty Let’s talk about the science side. Our habitat. of warning so that we were able to save Federal science facilities along our Due to the hurricane, not only were as many lives as we could, but unfortu- coast were also damaged. Repairs are people displaced but fisheries were de- needed in Federal laboratories, re- stroyed as well. I am not equating the nately we could not save those homes search facilities, and monitoring equip- two, but for many of us who are coastal and we could not save those liveli- ment. Senators, we know that the fisheries hoods. This supplemental helps people get NOAA needs $15 million for ocean and are an important part of our identity, back in their homes, get those commu- coastal equipment damaged by Hurri- an important part of the economy, and cane Sandy. For example, 45 tide sta- an important part of jobs in our com- nities back, and hopefully we will re- tions and data buoys were damaged. munities. We call them watermen in store those livelihoods. I look forward What does that mean? It is absolutely Maryland. Our colleagues from New to ensuring that my aspect of the bill crucial for these buoys to give us the England call them lobstermen or fish- moves in an expeditious, speedy, and navigational information for safe navi- ermen. I know the Presiding Officer smooth way. gation into and out of affected ports. calls them fishermen. Whatever name I thank the the ranking member, The Presiding Officer knows, as the we use, those men and women who Senator KAY BAILEY HUTCHISON. She Senator who represents Washington work and harvest the sea depend on worked with me on a bipartisan basis State, how important access to a port their fisheries. to put together my part of the supple- is and how important the NOAA facili- There were several fisheries which mental. This will probably be the last ties are to help our ship captains and were damaged because the storm cre- bill she will help move. I appreciate her our port pilots have accurate and reli- ated such an aquatic and habitat up- help. able data. They were damaged up and heaval. Assistance is needed for our I hope my colleagues, as they look at down the coast. They will need $63 mil- fishermen and our fishing communities the overall aspects of this bill, will lion to repair and improve weather which depend on this for their liveli- move it. Tomorrow I will be talking forecasting equipment and capabilities. hoods to get help. We will be focusing more about the FEMA and HUD as- Nine NOAA weather radio sites were in this bill on New England groundfish; pects, particularly as they affect Mary- damaged, including broken transmit- Mississippi’s—which was hit by an- land. I hope that as the lameduck ters and antennas. Repairs are needed other hurricane—oysters and blue moves along, we move in a bipartisan so they can be able to give us the right crabs; as well as Alaska and its salmon. way to get our people back into their weather forecast even during a storm, Those who were affected at the salmon homes, back to work, and get back the to be able to give us the right informa- fisheries will benefit from this bill as faith that the Federal Government is tion to protect our communities. For will New York and New Jersey. on their side and responds to them. every mile we can be accurate, we will At the same time we will provide as- The Senator and I thank President save $1 million in evacuation costs by sistance to legal aid for mobile re- Obama for his leadership and giving us the State, local, and private sector. sources and disaster coordinators. the right framework. We have it all Every dollar we spend that can provide There is a tremendous demand for their lined up here, and we are ready to go. accurate forecasting saves lives and services to help people sort out many I yield the floor. saves money. In addition, even the of the aspects of this. They help them The PRESIDING OFFICER. The Sen- NOAA hurricane hunter planes were with their benefits and their insurance. ate majority whip. damaged. We have three of them. Only They need help just sorting things out NEWTOWN, CONNECTICUT TRAGEDY one plane was able to work during the when they don’t have the documents Mr. DURBIN. Madam President, as I 2012 hurricane season. Two other they need. was coming to work today, I drove past planes desperately need repairs, and we We are going to have lawyers on the St. Peter’s grade school which is on the are going to do it. ground to work with the community. House side of the Hill, and there was a

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8061 group of students—little kids—who and Virginia; and it will take more My wife and I grew up in families of were being escorted by their teacher than the shootings on the streets of hunters. We know the rite of passage down the sidewalk. As they walked Chicago, my hometown of East St. when a father can take his son or along I couldn’t help but flash back to Louis, and so many other cities across daughter out hunting for the first that image all America remembers the country. Sadly, it will take more time. I know the fun of watching the from last Friday—the children at the than 27 victims, including 20 children, Sun come up from a duck blind and Sandy Hook school in Newtown, CT, at Sandy Hook grade school. hearing a seasoned hunter calling them filing out, heading for safety at the What it will take is for a majority of in over the water. The hunters I know firehouse. Americans and a majority of thought- are good people who love their sport I don’t know that I can look at the ful gun owners and hunters to agree and hate those who misuse firearms, faces of these children as their names that there must be reasonable limits terrorize, and kill. We need for these have been reported and not think of my on gun ownership and weapons. The hunters to join with many Americans, own kids when they were that age, and U.S. Supreme Court acknowledged that some of whom have never owned a gun especially of my own grandchildren our second amendment rights are not or used a gun, to establish a reasonable now, who are just a little over a year absolute. So can we come together and standard for gun use and ownership in old. But I saw in the eyes of those chil- agree that Americans have the right to this great Nation. dren what all of us see: innocence, hap- own and use firearms for sport and self- I was thinking over the weekend how piness, an interest in the future, and defense, but with certain limits? much we have focused on texting and the greatest dreams in the world. We must institute reasonable, com- driving, and I looked up the numbers. Well, in one brutal, depraved mo- monsense limits, such as barring those Last year it is estimated that 6,000 ment, those dreams ended when that with a history of mental instability, Americans died because they foolishly gunman forced his way into Sandy those with a history of violent crime or were texting while they were driving. Hook school and shot those poor inno- who are adjudged dangerous and sub- We now have a national campaign to cent children. At that moment, some ject to restraining orders, and those stop texting and driving, and we people stepped forward who really be- whose names have already been placed should: 6,000 American lives lost. Last came heroes of the day: Four teachers, on a terrorist watch list from owning year we lost 30,000 American lives to including Rachel Davino, Anne Marie guns. Those ‘‘straw purchasers’’ who gun deaths, to put it in perspective. It Murphy, Lauren Rousseau, and Vic- are literally fencing for drug gangs and is time for us to view safety and owner- toria Soto, and the school psycholo- other criminal thugs, and the gun deal- ship of guns as seriously as we do when gist, Mary Sherlach, and Dawn ers who look the other way when they it comes to the safety of operation of Hochsprung, the beloved school prin- come to buy those weapons? We have automobiles. Until we do—until we cipal who apparently walked right into to deal with them realistically and come together as a Nation and come the face of this gunman to try to stop firmly. forward with reasonable limits on guns There are certain classes of weapons him from harming any of the children that can be sold, magazines and car- that are strictly military. They have in the school. These school employees tridges that can be sold, even the body no useful purpose in sport, hunting, or lost their lives because they were try- armor which I can’t even understand self-defense. They should not be legally ing to stop the gunman or shield their the purpose for in this country—until sold in America. The gun used at students from him. we do that, the number of victims of Sandy Hook grade school in Newtown, We would like to think all of us gun tragedies will continue to grow CT, was just such a gun, an AR–15, called into a moment such as that and the silence of the funerals that fol- originally an M–16, developed for mili- would rise to the standard of courage low will be matched by the silence of tary purposes. Then, with clips at- they showed. I hope we would. They those in Congress who have the power tached that held countless numbers of did, and in so doing reminded us that to change it. bullets, he turned it on those little ba- even those who just go to work every It is time for us to step forward in bies, these infants, and killed them memory of these poor children in New- single day can be called on to show with that assault weapon. Magazine town, CT, their grieving families, these bravery. These teachers did, the school clips with more than 10 rounds should heroic teachers, and so many others psychologist and the principal, and we be prohibited from civilian use. who reminded us last Friday that we owe them a great debt of gratitude, as No one should be allowed to purchase are all part of the same American fam- I am sure the families of all of the stu- more than two firearms—maybe only ily. dents in the school feel. one firearm per month. And those who Madam President, I yield the floor. We pray for all the children were lost own firearms that are within the reach The PRESIDING OFFICER. The Sen- on Friday, for the six school employ- of children should have protective ator from Vermont. ees, and for all their families and loved locks on their weapons. Mr. LEAHY. Madam President, be- ones. We also pray for the first victim What holds us back are political or- fore the Senator from Illinois leaves that morning, the shooter’s own moth- ganizations that are well-funded and the floor, I commend him for his state- er, Nancy Lanza. And we thank the organized and determined to resist ments, first on his nominee for the Illi- first responders who responded so even the most reasonable limitations. nois judgeship that has been delayed bravely in the face of such horror. There is a close political parallel be- for far too long, through no fault of the We reflect now on our responsibility. tween the gridlock in Washington on Senator from Illinois. I thought about it over the weekend, dealing with our economy and national This weekend was a very difficult and and I wrote an article for the Chicago debt and the eerie silence in Congress trying weekend for our families and so Tribune this morning and here is what as the list of horrific gun crimes grows many other families, although nothing it said: by the day. compared to the families in Newtown, What will it take? What will it take I am encouraged by several of my of course. I pretty much stayed off the for a majority of Americans to speak colleagues who have spoken out today. phone and spent time with children and out for sensible firearms policy in our Traditionally they have been on the grandchildren. I made an exception for nation? It will take more than a Con- side of those who have opposed any a couple of phone calls with the distin- gresswoman being shot point-blank in type of limitation on firearms, but guished senior Senator from Illinois. I the face as she gathers for a town they believe, after Newtown, CT, we told him that when we come back in in meeting in Arizona. It will take more have to reopen that conversation in a a couple of weeks for the new Congress, than a deranged gunman with a 100- good-faith effort to find common I will work with him to make sure the round magazine spraying bullets into a ground. Senate Judiciary Committee has full crowded movie theater in Aurora, CO. But too many of my colleagues just and thorough hearings on the subjects It will take more than the kids who die shrug their shoulders when gun issues he has just spoken about, as he stated playing with guns carelessly stored. It come to the floor for a vote. They have here so eloquently and as he did in his will take more than killings on the made Grover Norquest-like pledges and television interviews this weekend. university campuses in my home State feel dutybound to vote ‘‘right’’ on The President was absolutely right of Illinois and in Texas and Alabama every scorecard issue. when he said there is a number of

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8062 CONGRESSIONAL RECORD — SENATE December 17, 2012 issues. Obviously the issue of guns is This conversation must include a dis- propriations bill. I urge my colleagues one of them. Mental health is another. cussion about the culture of violence to act on this as quickly as we can. There are several issues. Several com- that permeates our culture today, in- Sandy was a devastating storm. Eight mittees will look at these issues, and cluding the glorification of violence to million people were without power. should. But I think the Senate Judici- our children and young adults. We see There were over 100 deaths, including 7 ary Committee has a very particular too much of this violence, and it has to in the State of Maryland. role to play, and I pledge to the Sen- have an impact on young children. We Maryland was hit hard, not as hard ator from Illinois he will have my com- need to know how we can responsibly as New Jersey or New York—and our plete cooperation in that regard. He deal with this circumstance. prayers go out to all the communities was one of the rare phone calls I made It must include a discussion of the that have been affected—but Maryland this weekend, as well as to a couple na- mental health services provided to was hit pretty hard. We had sustained tional law enforcement officials. Americans, including our students. winds for hour after hour after hour I thought I had seen some of the Many of us have talked about this in after hour. We had rainfall records—9 most horrific crime scenes in my ca- the past. We have to be more aggres- inches. We had storm surges with 7 foot reer, but they don’t even begin to com- sive in dealing with the mental health waves. We had flooding of the Eastern pare to what the first responders and needs of all the people in our commu- Shore of Maryland. We had a storm in others, including school officials and nity. the western part of our State that parents, saw in that elementary school. As Chairman LEAHY pointed out, we dropped 30 inches of wet snow. The memory is fresh for us, but can we must discuss the issue about the ready So we suffered from the flooding on imagine the memories for the families access of individuals to weapons. I the Eastern Shore and the storms in of both the adults and the children who know there are different views in this western Maryland. In many of the com- died? It is a memory that will never, Congress. I must tell you, I do not un- munities, people who live below the ever fade. I think we ought to show our derstand why we need to allow access poverty line are elderly. Senator MI- responsibility and step forward to find to military-style assault weapons and KULSKI was just on the floor and talked out what can be done not as Demo- ammunition. about the circumstances in the city of crats, Republicans, conservatives, lib- I strongly support Senator FEIN- Crisfield. In that city, 32 percent of the erals, but as Americans. I believe it can STEIN’s efforts to reinstate the expired population lives below the poverty line. be done. 1994 ban on assault weapons, including Mr. President, 585 homes were severely I see the time of 5 o’clock has nearly a ban on ammunition magazines that damaged, 71 sustained major damage. hold more than 10 rounds. arrived, but I also see the distinguished The watermen, which is one of the Senator DURBIN has raised a very Senator from Maryland on the floor. major industries for that community, He wishes to speak on the supple- valid point: We regulate automobiles. We regulate consumer products. We found that they were literally unable mental. I ask unanimous consent Sen- to work, and they are still unclear as ator CARDIN be permitted to speak on regulate a lot, as we should, for public safety, and we should regulate firearms to what is going to happen to their the supplemental and that if he goes crops. past the time of 5 o’clock he be allowed for public safety reasons. There is no need for assault weapons We have a serious problem. I will give to continue using my time on the judi- you just two examples of people who cial nominations. to be held by the public. In my view, there is no legitimate reason for a ci- have lived through this storm. The PRESIDING OFFICER. Without In Crisfield, Mary lived in an apart- objection, it is so ordered. vilian to possess a military-style weap- ment with Cody, her trained medical The Senator from Maryland. on or to have large capacity ammuni- Mr. CARDIN. Madam President, first tion clips. Congress should also exam- dog. Mary suffers from epileptic sei- let me thank Chairman LEAHY for ine whether we can strengthen our zures, and Cody serves as her lifeline those words in his exchange with Sen- background check system for gun buy- when these seizures occur. Mary has no family in the area. She ator DURBIN. I wish to offer my deepest ers, along with criminal penalties for condolences on behalf of all of the peo- those who illegally purchase or trans- cannot work due to her disability. Her ple of Maryland to the 20 students who fer guns. only source of income is a small Social lost their lives, and the 6 adults, at the We need to take a look at safety Security check. hands of a single shooter at Sandy locks for children. We need to look at When Hurricane Sandy hit Crisfield, Hook Elementary School in Newtown, those who make multiple purchases. the water rose rapidly in her apart- CT. We need to look at the gun show pur- ment. Mary was forced to grab Cody— It is heart-breaking to listen to the chases. I think we should examine all and nothing else—jump out the window stories of innocent lives cut cruelly those to see whether we can make our and swim to safety. She lost all her be- short. The pain and grief of the fami- communities safer, without infringing longings, including all her records, lies and friends of these students and upon the legitimate right of individ- which might be helpful for her to be teachers is unimaginable. uals to possess guns, sportsmen to be able to get the benefits she is entitled I want to echo some of the comments able to use guns for hunting. I think all to. Senator DURBIN and Senator LEAHY that, obviously, will be protected. But She is now in temporary housing at a made. We know the teachers and the we can do a much better job of pro- local motel, paying $60 a night, which aides put their lives on the line in tecting public safety. she cannot afford, until she can qualify order to try to save the children, as We have talked about this before, and for the assistance. In an area that has well as the unbelievable task of the we need to act. We need to act in a a high number of low-income elderly first responders coming to the scene comprehensive way to make our soci- persons, Federal assistance is needed to and not knowing what they would find. ety safer. I pledge to the chairman of help deserving senior citizens severely We send our prayers to all. the Judiciary Committee—I have had impacted by this storm. This is a tragedy beyond words. I the honor of serving on that committee Then there is Diane, who also lives in think President Obama said it best last for 4 years. He is an extremely fair Crisfield with her family in her child- night that our hearts are broken. But leader who believes in letting all sides hood home. According to Diane, she as Senator DURBIN has said—and I say be heard, and I very much appreciate has weathered many storms over the to Senator LEAHY, I particularly want his commitment in so many different years but never in her lifetime has she to thank the Senator—we need to take areas that have dealt with public safe- ever seen the water rise so high and so action. Congress needs to come to- ty. We have great confidence in his quickly, inundating the first floor of gether and take action to protect the leadership on that committee, and her home and creating huge whitecaps safety of our children. We must do bet- other committees of the Senate need to around her neighborhood. Diane de- ter. There have been too many episodes act as it relates to the safety of our cided to ride out the storm in her in which children’s lives—and others— children. home, fearing the possibility of drown- have been lost that we must figure out (Mr. BEGICH assumed the chair.) ing if she left. ways to prevent these types of trage- Mr. CARDIN. Mr. President, I know The family lost all their possessions. dies. we have pending the supplemental ap- With housing vouchers, they are now

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8063 living in temporary housing. A church EXECUTIVE SESSION vacancies left at the end of President group gutted her home, but she still NOMINATIONS OF FERNANDO M. Bush’s first term. The Senate should be needs building materials in order to be OLGUIN TO BE UNITED STATES voting on all 16 of the judicial nomi- able to rebuild her home. She does not DISTRICT JUDGE FOR THE CEN- nees reported to the Senate by the Ju- have the resources to do that. She TRAL DISTRICT OF CALIFORNIA diciary Committee. I have also been needs Federal assistance in order to get AND THOMAS M. DURKIN TO BE urging Republicans to expedite consid- her life back in order. UNITED STATES DISTRICT eration of the four judicial nominees They are just two stories, and I could JUDGE FOR THE NORTHERN DIS- who participated in hearings last give you numerous others in the State TRICT OF ILLINOIS Wednesday. That would lead to 20 more of Maryland. In the western part of our confirmations before the Senate ad- The PRESIDING OFFICER. Under State, in Garrett County—Garrett journs later this month. the previous order, the Senate will pro- County is a community of 30,000—15,000 Historically, the Senate has con- ceed to executive session to consider homes were without power. That is just firmed hundreds of judicial nominees the following nominations, which the about every home. Trees fell every- within 14 days of their Judiciary Com- clerk will report. mittee hearings, including more than where. This is a remote Appalachian The assistant legislative clerk read community, where people were isolated 600 confirmed since World War II with- the nominations of Fernando M. in just one week of their hearings. In because of the storm. They need help. Olguin, of California, to be United They need partners. contrast, obstruction by Senate Repub- States District Judge for the Central licans has caused President Obama’s I wish to congratulate Governor District of California and Thomas M. district court nominees to wait an av- O’Malley and our State leaders and our Durkin, of Illinois, to be United States erage of 103 days for a Senate vote county leaders. FEMA did a great job. District Judge for the Northern Dis- after being reported by the Judiciary I want to thank the Red Cross and trict of Illinois. Committee, which Committee consid- other private sector groups. The PRESIDING OFFICER. Under eration has itself often been delayed 30 But now it is time for the Federal the previous order, there will be 30 days or more after their hearings. This Government to act as a true partner. minutes of debate, equally divided in destructive practice of delaying for no I thank President Obama for the dis- the usual form. good reason should be abandoned. aster declaration for our State, includ- The Senator from Vermont. Republican filibusters and pocket ing individual relief for the County of Mr. LEAHY. Mr. President, origi- filibusters are also preventing votes on Somerset. This legislation strengthens nally we were planning to vote at 5:30 circuit court nominees who should be the Federal partnership. It provides the p.m. The distinguished ranking mem- confirmed by consensus before the Sen- resources so we can help people such as ber has no objection. I ask unanimous ate adjourns for the year. For example, Mary and Diane who have been dev- consent that the time be divided be- one of the nominations Senate Repub- astated by the storm. It will provide tween now and 5:30 p.m. in the normal licans are holding up is that of Judge the resources necessary so they can put fashion and the votes be at 5:30 p.m. Robert Bacharach of Oklahoma to the their lives back together. I particularly The PRESIDING OFFICER. Is there Tenth Circuit, who they filibustered note the $17 billion in CDBG funds. objection? earlier this year. Senator COBURN, one Those are flexible funds that will help Without objection, it is so ordered. of his home state Senators, said: ‘‘He people such as Mary and Diane so they Mr. LEAHY. Mr. President, so Sen- has no opposition in the Senate. . . . can get their lives back together. ators will know, it is my understanding There’s no reason why he shouldn’t be that the first vote, on the confirmation I also wish to point out how impor- confirmed.’’ That also applies to Rich- of Fernando Olguin, of California, will tant the mitigation funds are that are ard Taranto, who was reported more be a voice vote, and the second one for in the supplemental appropriations than eight months ago to a vacancy on Mr. Durkin will be a rollcall vote, bill. That will allow us to build to pre- the Federal Circuit. That applies to which is what I understand from the vent this type of damage in the future. William Kayatta of Maine, who was re- Senator from Iowa, which, of course, is For those who may question the feasi- ported nearly eight months ago and perfectly acceptable to the Democratic bility of this type of investment, let has the support of his two home state side. me point to one in Maryland: Republican Senators. Mr. LEAHY. Mr. President, today the Assateague Island. We widened and put After today’s votes, there will still be Senate is finally being allowed to vote more beach down on Assateague Island. nine judicial nominees stalled on the to confirm two consensus judicial It was kind of pricey, many people Senate Executive Calendar who were nominees who should have been voted thought, but it acted as a buffer for reported before the August recess, and on months ago. Both Judge Fernando Sandy coming in and causing more who should have been confirmed Olguin and Thomas Durkin were voted damage in Ocean City. Literally mil- months ago. Most are consensus nomi- out of the Judiciary Committee before lions of dollars were saved because of nees. All have the support of both their the August recess. Both will finally fill Assateague Island acting as a bumper home state Senators, including their judicial emergency vacancies in the to the storm. Mitigation is important, home state Republican Senators. The Central District of California and the and we should invest in mitigation. Senate should be voting to confirm all Northern District of Illinois that were these nominees before the Senate ad- The next step should be the passage needlessly held vacant since this sum- journs for the year. of the supplemental appropriations mer by partisan delay tactics. Their When George W. Bush was President, bill. I have heard many of my col- service to the American people has Senate Democrats cooperated in mov- leagues come to the floor who rep- been unnecessarily delayed by over ing judicial nominees quickly through resent States that are directly af- four months. the Committee and to a confirmation fected. I have listened as my colleagues In the Central District of California, vote at the end of the year. I did so around the Nation have talked about there are over 12,000 cases pending be- whether I was Chairman or the ranking disasters in their communities, and we fore its judges, and in the Northern member. By way of example, in 2008 we have always come together as a nation. District of Illinois there are close to confirmed five of President Bush’s I know we are in the last days of this 11,000 cases pending before its judges. nominees just three days after their legislative session. I just urge my col- Every single judge in each district has hearing. We have often been able to do leagues to let us move this bill forward approximately 450 or more cases pend- this at the end of a Congress, and this now. Let’s get it done so the Federal ing on their dockets. This enormous year should be no exception especially Government can be there to help the backlog of cases exists in many of our given the high level of judicial vacan- communities that have been affected Federal courts in this country and it cies plaguing our Federal courts. by this storm. It is the right thing to means that the American people are Judge Fernando Olguin is nominated do, and I hope my colleagues will sup- not able to receive speedy justice. to fill a judicial emergency vacancy on port that effort. More than twice the number of judi- the U.S. District Court for the Central I yield the floor. cial vacancies exists compared to the District of California, where he has

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As a nation, firmed. vision of the U.S. Department of Jus- we join to express our grief and to offer Let me emphasize that point. In only tice. He earned his law degree from the support and comfort to this commu- one of the past Presidential elections University of California at Berkley. nity. Our thoughts and prayers are have more district nominees been con- After law school, he clerked for the with the families who have suffered firmed. During this Congress, the 112th, Honorable C.A. Muecke of the U.S. Dis- from this senseless act. we have confirmed 106 judges. That is trict Court for the District of Arizona. From time to time I have given my the third highest total for any Con- His nomination has the support of both colleagues an update regarding the gress going back to 1989 or, in other his home state Senators. Judge Olguin facts of judicial confirmations. Despite words, the past 12 Congresses. In total, was approved by the Judiciary Com- our steady progress on confirmations, the Senate has confirmed 168 district mittee nearly five months ago by voice we continue to hear complaints from and circuit nominees during this Presi- vote. bar associations, interest groups, edi- dent’s first term. So I think by any ob- Thomas Durkin is nominated to fill a torial boards, and even some fellow jective measure one would have to con- judicial emergency vacancy on the U.S. Senators. Of course, these are the same clude we are treating this President District Court for the Northern Dis- groups that remained silent or at the and his nominees quite fairly. trict of Illinois. Currently a partner at time cheered on the efforts to block ju- I stated at the beginning of my re- the Chicago office of Mayer Brown dicial nominees of the previous Presi- marks, I expect these nominees to be LLP, he also served as a Federal pros- dent. Multiple filibusters, failure to fairly noncontroversial or totally non- ecutor in the Northern District of Illi- hold hearings, pocket filibusters of one controversial. I intend to support nois for 13 years. During his time as a sort or another, and other tactics of them. Federal prosecutor, he rose to become delay and obstruction were routinely Today we vote on the nomination of the Chief of the Criminal Receiving used against President Bush’s nomi- Fernando M. Olguin, to be United and Appellate Division as well as the nees. By the end of his Presidency, States District Judge for the Central Chief of the Special Prosecutions Divi- President Bush had 53 nominees who District of California and Thomas M. sion. From 1991 to 1993, he served as the were not confirmed. That is nearly one Durkin, to be United States District First Assistant United States Attorney out of every seven who were blocked. Judge for the Northern District of Illi- of that District. Upon graduation from Somehow that history seems to have nois. law school, he served as a law clerk for faded. After graduating from University of the Honorable Stanley J. Roszkowski Today we continue to confirm this California Berkeley School of Law in of the U.S. District Court for the President’s nominees, even in a lame- 1989, Judge Olguin clerked for the Hon- Northern District of Illinois. The ABA duck Presidential election year. As I orable C.A. Muecke, U.S. District Standing Committee on the Federal have stated before, the Senate rarely Court Judge for the District of Ari- Judiciary unanimously gave him its confirms judicial nominees during zona. In 1991, Judge Olguin began work- highest possible rating of ‘‘Well Quali- lameduck sessions in a Presidential ing as a trial attorney in the Civil fied.’’ His nomination has the bipar- election year. It did so in a very lim- Rights Division of the United States tisan support of his home state Sen- ited fashion in 1944, 1980, and the year Department of Justice. There he pros- ators. He was approved by the Judici- 2004. ecuted violations of the Fair Housing ary Committee more than four months The last time a President was re- Act and the Public Accommodations ago by voice vote. elected—President Bush in 2004—only Act. The Senate should finally confirm three judicial nominees were confirmed From 1995 to 2001, Judge Olguin was a these two nominees today and proceed following the election. partner at Traber, Voorhees & Olguin, to vote on all the other judicial nomi- That year, following President where he litigated housing and employ- nees stalled on the Senate Executive Bush’s reelection, 23 judicial nomina- ment cases on behalf of underprivileged Calendar. We can fill 10 more judicial tions that were pending either on the clients. Since 2001 he has served as a emergency vacancies before adjourning Senate executive calendar or in the Ju- United States Magistrate Judge for the this year. We can help our Federal diciary Committee were returned to Central District of California. courts uphold their constitutional re- the President when the Congress ad- The American Bar Association’s sponsibility to provide speedy justice. journed in December. Today President Standing Committee on the Federal I yield the floor. Obama will have 10 confirmations in Judiciary gave him a rating of Sub- The PRESIDING OFFICER. The Sen- this lameduck session, and obviously a stantial Majority Qualified, Minority ator from Iowa. lameduck session in a Presidential Not Qualified. Mr. GRASSLEY. Mr. President, election year. Mr. Durkin received his B.S. with would it be appropriate if I ask for a This is a new record. No other Presi- honors from University of Illinois at rollcall vote on Judge Durkin? dent can claim that success. So for Champaign-Urbana in 1975 and his J.D. The PRESIDING OFFICER. The Sen- those who say this President is being with honors from DePaul University ator is correct. treated differently, I must agree. Presi- College of Law in 1978. Upon gradua- Mr. GRASSLEY. I ask for the yeas dent Obama will have the most post- tion, he clerked for Stanley J. and nays. election judicial confirmations of any Roszkowski, United States District The PRESIDING OFFICER. Is there a President. Court Judge for the Northern District sufficient second? This year has been a productive year of Illinois. After his clerkship, Mr. There appears to be a sufficient sec- for judicial confirmations. We have al- Durkin joined the U.S. Attorney’s Of- ond. ready confirmed 39 district judges and 5 fice for the Northern District of Illi- The yeas and nays were ordered. circuit judges. Today’s vote meets or nois. There, he handled a variety of Mr. GRASSLEY. Mr. President, I will exceeds the confirmations for Presi- cases, including bank robbery, postal not use my entire time. If anybody else dential election years in recent mem- theft, narcotics, immigration cases, wants to speak, there will be time be- ory. During the last Presidential elec- firearms cases, commodities, securities tween now and 5:30 to speak. I think tion year, 2008, the Senate confirmed a and tax fraud, and political corruption. both these nominees will be approved total of 28 judges, 24 district and 4 cir- Mr. Durkin also held a number of su- overwhelmingly; obviously, the one cuit. This Presidential election year we pervisory roles in the office, including with the voice vote probably will be, have exceeded those numbers. We have Deputy Chief of Special Prosecutions, and I think the other one will be as confirmed 5 circuit nominees, and Chief of the Criminal Receiving and well. these confirmations will bring the dis- Appellate Division, Chief of the Special

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8065 Prosecutions Division, and First As- Mayer Brown’s pro bono committee. He U.S. Department of Justice through sistant United States Attorney. has also taught as an adjunct professor the Attorney General’s Honors Pro- In 1993, Mr. Durkin joined Mayer of law at DePaul and at the John Mar- gram. Brown and focused on white collar shall Law School. From 1991 through 1994, Judge Olguin criminal defense, internal investiga- Tom Durkin was reported out of the served as a trial attorney in the Civil tions, patent litigation, securities liti- Judiciary Committee by a unanimous Rights Division in Washington, DC, en- gation, civil rights litigation, con- vote on August 2, 41⁄2 months ago. I am forcing numerous Federal statutes, in- sumer class action litigation, and prod- relieved we are finally moving ahead cluding the Fair Housing Act and the uct liability litigation. According to with his confirmation. This vacancy, Public Accommodations Act. his questionnaire, Mr. Durkin has ex- incidentally, has been declared a judi- He then joined the Mexican-Amer- clusively been a litigator and has fre- cial emergency, and I am glad it is now ican Legal Defense and Education quently been in court his entire career. going to be filled. Fund, or MALDEF, serving as its na- He estimates that he has tried approxi- In closing, I wish to note that he tional education program director from mately 95 cases to verdict. comes from an extraordinary family, 1994 to 1995 in Washington, DC. The American Bar Association’s well known throughout Chicago, and Judge Olguin then came back to Cali- Standing Committee on the Federal especially in legal circles. There is fornia, becoming a partner at the law Judiciary gave him a Unanimous Well only one black sheep in the family; it firm Traber, Voorhees, and Olguin, Qualified rating. is Tom’s brother, Jim, a Republican where he practiced civil litigation from I support these nominees and con- State representative who ran against 1995 to 2001. gratulate them on their votes for con- me for the Senate in 2002 the famous He was appointed to serve as a mag- firmation. Durkin-Durbin race in Illinois. But we istrate judge in 2001, where he has built Mr. DURBIN. Mr. President, pending ended that race friends. I have great re- a stellar record. In his 11 years on the on the Senate calendar today for con- spect for Jim and Tom Durkin and for bench, he has managed a docket of sideration is the nomination of Tom their whole family. hundreds of cases at a time and issued Durkin to serve on the U.S. District I wish Tom Durkin the very best and hundreds of published opinions, as well Court for the Northern District Court commend his nomination to my col- as nearly 2,000 decisions and orders. of Illinois. leagues. I believe he will be an excel- In 2011, he had the best record of any Tom Durkin is a consensus bipar- lent Federal court judge and I am glad magistrate judge on the court at work- tisan nominee. Senator KIRK and I he and several other Federal district ing with litigants to settle their dis- strongly support his nomination. We court nominees are going to be con- putes. This is very important in a busy believe he has all of the necessary at- firmed this week. district like the Central District, tributes to be an effective Federal ∑ Mr. KIRK. Mr. President, I offer my whose judges carry the seventh-highest judge. Our view was shared by bipar- strong support for Thomas Durkin to civil caseload in the Nation. tisan screening committees in Illinois. fill one of the four vacancies on the Judge Olguin is well respected in the Senator KIRK’s committee, and my own U.S. District Court in the Northern L.A. community, and he is supported committee, recommended Tom Durkin. District of Illinois. by the law enforcement community in- It is no secret that he has the quali- Because of his outstanding experi- cluding L.A.P.D. Chief Charlie Beck, fications, independence, and integrity ence and record of public service, I sub- L.A. County Sheriff Lee Baca, and the to serve in a distinguished manner on mitted Thomas Durkin’s candidacy to Los Angeles Police Protective League. the bench. The nonpartisan American the White House in July 2011, following Chief Beck says Judge Olguin’s Bar Association has awarded Mr. the recommendation of my nonpartisan record ‘‘has been characterized by fair- Durkin its highest rating of unani- Judicial Review Commission. Senator ness, thoroughness, sound judgment, mously well-qualified. DURBIN had previously forwarded Mr. and evenness of temperament.’’ Throughout his career Tom Durkin Durkin’s name to President Obama in In short, Judge Olguin is well-quali- has demonstrated strong leadership in 2009, based on the recommendation of fied, seasoned, and fair. I am very his community and a solid commit- his screening committee. proud to support him, and I urge my ment to public service. The judgeship for which Mr. Durkin colleagues to support him as well. A native of Chicago, Tom received has been nominated is considered a I also want to urge the confirmations his bachelor’s degree with honors from ‘‘judicial emergency’’ by the Judicial of other judicial nominees from my the University of Illinois at Urbana- Conference of the United States. Con- home State, many of which have been Champaign, and received his J.D. with firmation of this qualified nominee will pending on the executive calendar for honors from DePaul University College ease the backlog of cases and allow the months. of Law. After graduating from law dispensation of justice in a fair and Including Judge Olguin, four of the 13 school, he served for 2 years as law timely manner. District Court nominees on the execu- clerk to the Honorable Stanley J. I thank Senator DURBIN for his lead- tive calendar are from California. The Roszkowski, a personal friend of mine, ership, and I urge my colleagues to other nominees are: Superior Court and an excellent judge for the District support this bipartisan nomination and Judge Jon Tigar and Bill Orrick, nomi- Court for the Northern District of Illi- confirm Mr. Durkin to the Federal nees to the Northern District rec- nois. bench.∑ ommended by Senator BOXER; and Su- Following his clerkship, Mr. Durkin Mrs. FEINSTEIN. Mr. President, I perior Court Judge Troy Nunley, a joined the U.S. Attorney’s Office for wish to express my strong support for nominee to the Eastern District whom the Northern District of Illinois where the nomination of Fernando Olguin, I recommended to the President. he worked for 13 years and served in whom I recommended to President All three were approved by bipartisan numerous leadership positions, includ- Obama to be a U.S. District Judge for votes in the Judiciary Committee, two ing first assistant U.S. attorney. He the Central District of California after of them by voice vote. joined the law firm of Mayer Brown as he earned a strong recommendation Each of these districts is in a judicial a partner in 1993 where he works to this from my bipartisan judicial selection emergency according to the Judicial day. His practice concentrates on com- committee. Conference of the United States. plex commercial litigation and crimi- Born and raised in the greater Los The Northern District’s caseload is nal defense. He has received numerous Angeles community of Azusa, Judge over 20 percent above the national av- awards, including listings in ‘‘The Best Olguin lives in the Los Angeles area erage. It now takes over 50 percent Lawyers in America’’ and ‘‘Illinois today. longer for a case to go to trial than it Super Lawyers.’’ He is a graduate of Harvard Univer- did a year ago in the Northern District, Mr. Durkin also has an impressive sity and the University of California, which hears some of our country’s record of community service. He served Berkeley School of Law. most complex technology cases. for 9 years on the board of Legal As- After serving for 2 years as a law The Eastern District is the most sistance Foundation in Chicago, and clerk to a Federal district court judge overworked district in the Nation by for nearly a decade he was the chair of in Arizona, Judge Olguin joined the far. With over 1,100 weighted filings per

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8066 CONGRESSIONAL RECORD — SENATE December 17, 2012 judgeship, its caseload is over twice the we need to do this again. Well, I won’t An iconic political figure of his be- national average. be able to do that again. He won’t be loved Hawaii, and the only original With this extreme crisis, I especially able to do that again. member of the congressional delega- urge my colleagues on the other side of He was a wonderful Senator, brave tion still serving in Congress, he was a the aisle to allow Judge Troy Nunley soldier, a recipient of the Medal of man who had every reason to call at- to be confirmed this year. Honor, the Distinguished Service tention to himself but who never did. Judge Nunley essentially was a ca- Cross, the Bronze Star, and Purple He was the kind of man, in short, reer prosecutor and State Department Heart. He left an arm in Italy. He said that America has always been grateful of Justice lawyer before joining the to me at that last meeting together, to have, especially in our darkest State bench over 10 years ago. He is when I asked him: DAN, did anything hours—men who lead by example and highly qualified and experienced. He else happen to you, other than your who expect nothing in return. also earned unanimous support in the arm? He said: Yeah, I got shot in the The PRESIDING OFFICER. The ma- Judiciary Committee, so he is gut—that is what he said—and the leg jority leader. uncontroversial. a couple of times. Mr. REID. Mr. President, I didn’t I am very pleased we recently con- We will all miss him, and that is a mention, and I should have, but I real- firmed Jesus Bernal to the Central Dis- gross understatement. I wish I were ca- ly have been waiting the last hour or trict, and I urge my colleagues to sup- pable of saying more, but that is all I so to make sure it was okay with his port Judge Olguin as well. can say. I have talked to his wife Irene. wife that I come and say something, so My State—more than any other—ur- She is there, with his son. We have I haven’t had time to do much other gently needs us to take prompt action known for a few hours this wasn’t than feel bad about Senator INOUYE. As I indicated, I talked to Irene. I on judicial nominees. I am pleased with working out well for Senator INOUYE. wasn’t able to talk to Ken, but I did the progress we have made in the lame- But he was certainly one of the giants talk to Irene. I want to make sure ev- duck, and I very much hope the three of the Senate. eryone understands the depth of my other California nominees who remain I remember what he said when his feelings—and I know I am speaking for on the calendar will be confirmed. son asked why he fought the way he did the entire Senate. DAN INOUYE believed Mrs. BOXER. Mr. President, I am after having been declared an enemy in me, even more than I believed in proud to offer my support for the con- alien. He said he did it for the children. myself. Many, many years ago—a cou- firmation of Magistrate Judge Fer- That was Senator INOUYE. His commit- ple of decades ago—he said: You know, nando M. Olguin to the U.S. district ment to our Nation will never be sur- you’re going to do great things in the court for the Central District of Cali- passed. His service in the Senate will Senate, and he always talked about my fornia. be with the greats of this body. leading the Senate. And he always Judge Olguin was recommended to Now I should ask my friend if he came and said: You did the right thing. the President by my colleague, Senator wishes to speak upon this issue. It He would always tell you that you FEINSTEIN, and will be a great addition would be my hope the two votes that would do the right thing. to California’s Central District. are scheduled could both be done— The chapter of DAN INOUYE in the Judge Olguin will bring to the bench these judges—by voice vote. I don’t Senate is something that is remark- his broad experience as a skilled law- think it is appropriate to record a vote able, not only his military record but yer and a Federal magistrate. A grad- at this time. what he did with the defense aspects of uate of Harvard University and the Mr. President, I ask unanimous con- our country, the security aspects of our University of California, Berkeley sent that the two judges be approved country. And there was no one more bi- School of Law, Judge Olguin worked by voice vote. from 1995 to 2001 as a partner for the partisan than Senator INOUYE. The PRESIDING OFFICER. Is there He has a brother who lives in Las law firm of Traber, Voorhees, and objection? Vegas, and a wonderful person he is, Olguin. In 2001, he received an appoint- Without objection, it is so ordered. but he was as close to Ted Stevens as ment to become a magistrate judge in Mr. REID. Mr. President, I think we he was to any person could be to a the Central District of California, all, at a subsequent time—I just talked brother. They were brothers. They where he has served with great distinc- to his wife and walked out here—will called themselves brothers. So he set tion. have some more formal remarks. an example always about bipartisan- I urge my colleagues to support the The PRESIDING OFFICER. The Re- ship, about working with others. And Olguin nomination. publican leader. as far as being a good member of our Mr. GRASSLEY. I suggest the ab- Mr. MCCONNELL. Mr. President, I sence of a quorum. too am going to address the remark- caucus, no one was better than he was. No one has been a better American The PRESIDING OFFICER (Mr. able life of Senator INOUYE at a later than Senator INOUYE. And when we MANCHIN.) The clerk will call the roll. time, but I did want to make some ob- talk about people in Hawaii and who The assistant legislative clerk pro- servations here for a few moments at they revere, it is Senator INOUYE. The ceeded to call the roll. the time of his passing. State of Hawaii is going through a Mr. REID. Mr. President, I ask unan- Senator INOUYE was a man who, as great deal at this time. Senator AKAKA imous consent that the order for the we all know, rarely called attention to has announced his retirement, and now quorum call be rescinded. himself but who lived a remarkable the death of Senator INOUYE. The PRESIDING OFFICER. Without American life filled with the dignity objection, it is so ordered. On behalf of all Senators, I express and grace of the true hero he was. my appreciation for his service and his PASSING OF SENATOR INOUYE He was only 17 when he heard the si- friendship. Mr. REID. Mr. President, I rise with rens over Honolulu and saw the great Mr. President, I suggest the absence a real heavy heart. Our friend, DAN planes flying overhead. At the time he of a quorum. INOUYE, just died. dreamed of being a surgeon. A few The PRESIDING OFFICER. The I have never known anyone like DAN years later a medic would be taking clerk will call the roll. INOUYE. No one else has. The kindness care of him after his heroic action in The assistant bill clerk proceeded to he has shown me during my time here the Italian mountains, for which he call the roll. in the Senate is something I will cher- would one day receive our Nation’s The PRESIDING OFFICER (Mrs. ish always. He was a man who has lived most prestigious award for military HAGAN). The majority leader. and breathed the Senate. If there were valor. Mr. REID. Madam President, I ask ever a patriot, DAN INOUYE was that pa- DAN INOUYE’s dream of being a sur- unanimous consent that the order for triot. geon was not realized but there were the quorum call be rescinded. A week ago last Friday he and I other things in store. Instead, he be- The PRESIDING OFFICER. Without spent some time together in his office, came a member of one of the most objection, it is so ordered. just the two of us alone. We spent an decorated U.S. military units in Amer- VOTE ON NOMINATION OF THOMAS M. DURKIN hour together, and we ended the meet- ican history and one of our Nation’s The PRESIDING OFFICER. Under ing with both of us saying: You know, longest serving and finest Senators. the previous order, the question is, Will

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8067 the Senate advise and consent to the promoted. The Magnitsky Act goes be- 300 new jobs have already been created nomination of Thomas M. Durkin, of yond the specific violators in this case in Twin Falls. It was built at a cost of Illinois, to be United States District to prohibit all gross violators of human $450 million and is now the largest yo- Judge for the Northern District of Illi- rights in Russia from traveling to the gurt plant in the world. nois? United States and from using our fi- From its founding in 2005, the The nomination was confirmed. nancial system. Chobani company started with 5 em- VOTE ON NOMINATION OF FERNANDO M. OLGUIN President Obama is now poised to re- ployees and now has more than 1,800 The PRESIDING OFFICER. Under affirm our Nation’s commitment to employees worldwide, with more than the previous order, the question is, Will universal human rights by signing the 1,600 in the United States. Their found- the Senate advise and consent to the Magnitsky Act into law. With the er and CEO, Hamdi Ulukaya, is an nomination of Fernando M. Olguin, of stroke of a pen, the President will set American success story, having immi- California, to be United States District a new global standard that other na- grated to the United States from Tur- Judge for the Central District of Cali- tions are sure to follow. The act sets a key in 1994. fornia? precedent that can be applied to human Like many businesses in Idaho, The nomination was confirmed. rights abusers around the world, and I Chobani will be involved in local chari- The PRESIDING OFFICER. Under am committed to working with my col- table work. Chobani’s biggest impact, the previous order, the motions to re- leagues in the next Congress to apply however, will be in providing well-pay- consider are made and laid upon the the Magnitsky sanctions globally. ing jobs and economic growth through table. The President will be imme- Human rights violators from Kinshasa manufacturing a delicious and healthy diately notified of the Senate’s action. to Beijing are now on notice that the product available throughout the coun- United States stands in solidarity with try. f those whose rights are trampled and Chobani recognized the many bene- LEGISLATIVE SESSION will deny the legitimizing privileges of fits to locating in Idaho—among them The PRESIDING OFFICER. Under travelling to our country and accessing the quality milk produced by our Idaho the previous, the Senate will resume our financial system to those who vio- dairy families, a commonsense regu- legislative session. late fundamental freedoms. latory environment and hard-working The United States remains the global Idahoans who will make the facility a f leader in promoting and protecting great success. MORNING BUSINESS human rights, but we need to do more. Senator CRAPO and I also recognize We need to ensure that women across the many entities that worked with Mr. REID. Madam President, I ask the world have the liberty to determine Chobani to make their opening a re- unanimous consent that we now pro- the course and scope of their own lives ality. Elected officials from Twin Falls ceed to a period of morning business, and futures and that they have the County and the City of Twin Falls with Senators allowed to speak for up tools to achieve their full potential. worked tirelessly on the project, as did to 10 minutes each. The horrific and cowardly attempt by the Southern Idaho Economic Develop- The PRESIDING OFFICER. Without assassins to silence the brave leader- ment Organization. The Twin Falls objection, it is so ordered. ship of 15-year-old Malala Yousufzai Chamber of Commerce and the Twin f must not be left unchallenged. We Falls Urban Renewal District also INTERNATIONAL HUMAN RIGHTS must take up her cause—the education played a major role in the effort. The DAY of girls and women—and support both State of Idaho and its Department of that goal and its advocates, and we Commerce helped in the process, and Mr. CARDIN. Madam President, I must redouble our efforts to protect the end result is not only the direct rise today in recognition of Inter- the rights of ethnic, linguistic, and re- jobs at Chobani, but also a multiplier national Human Rights Day. Sixty- ligious minorities, from the Christians effect of more than 3,000 additional jobs four years ago this past Monday, on in Egypt to the Roma population in in the State. December 10, 1948, the United Nations Europe. Today, we congratulate Chobani on General Assembly adopted the Uni- As the legendary Nobel laureate Elie the opening of their new plant and sa- versal Declaration of Human Rights. Wiesel has said, ‘‘Wherever men and lute all of the partners and community This declaration enunciates a doctrine women are persecuted because of their leaders on a job well done. We welcome that serves as a foundation for human race, religion, or political views, that Chobani to the great State of Idaho. rights initiatives internationally and place must—at that moment—become f as an enduring guide for human rights the center of the universe.’’ This Inter- advocates around the globe. national Human Rights Day, the U.S. ADDITIONAL STATEMENTS On this annual celebration of Inter- Congress sends a strong message to national Human Rights Day, human human rights defenders around the rights defenders, champions of democ- REMEMBERING CARMEN world that we stand in solidarity with WARSCHAW racy, promoters of civil rights, and ad- them as they dare to stand up to injus- vocates of free speech across the globe tice and oppression. ∑ Mrs. BOXER. Madam President, can also be encouraged by Congress’s today I ask my colleagues to join me in f recent passage of landmark human honoring Carmen Harvey Warschaw, rights legislation. Last week, the Sen- RECOGNIZING CHOBANI YOGURT the great California philanthropist and ate passed the Sergei Magnitsky Rule Mr. RISCH. Madam President, my political leader who died at age 95 on of Law Accountability Act, which the colleague, Senator MIKE CRAPO, joins election day, a week after she had House passed in September in conjunc- me in recognizing the opening this made sure to vote by mail. Carmen was tion with approving permanent normal month of the Chobani Yogurt produc- a trusted mentor, adviser, and dear trade relations for Russia. tion facility in Twin Falls, ID. friend to me, and I will miss her. The Magnitsky Act was inspired by This facility, Chobani’s first in Carmen Harvey was born in Los An- the tragic case of Sergei Magnitsky, a Idaho, will be capable of producing 4.2 geles in 1917. Her parents had immi- 37-year-old Russian lawyer who uncov- million cases of yogurt per week at full grated to America from Lithuania, and ered massive corruption in Russia and capacity. All of the milk used to her father founded the Harvey Alu- then was arrested for his whistle- produce the yogurt will come from minum Company. Carmen grew up in blowing. Magnitsky died in 2009 after Idaho dairy farms and at the peak of La Can˜ ada, graduated from the Univer- suffering torturous conditions in pre- production will use millions of pounds sity of Southern California, and mar- trial detention. Those implicated in of milk a day. ried Louis Warschaw, her high school the corruption Magnitsky exposed and The 950,000-square-foot production fa- sweetheart. those responsible for his torture and cility was constructed by more than From an early age, both Carmen and death have not been brought to justice, 1,000 workers and will employ between Lou were active in the California and some have even been decorated and 400 and 500 people next year. More than Democratic Party. Throughout the

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8068 CONGRESSIONAL RECORD — SENATE December 17, 2012 years, Carmen worked tirelessly to human being. It is my privilege to retirement from the South Dakota Air elect Democrats at the local, State, honor his achievements, his spirit and National Guard. Lieutenant Colonel and national level. She attended every the tremendous impact he had on the Callies has served as the financial man- Democratic National Convention from State of Delaware. ager for the 114th Fighter Wing in 1948 to 2008, many as a delegate. In the Peter believed in our justice system, Sioux Falls, SD, since 2003. His career mid sixties she served as the party’s and he devoted his life to ensuring it with the South Dakota Air National Southern California chairwoman, was a worked for all Delawareans. Day in and Guard has spanned a period of over 30 member of the Democratic National day out, he approached every case with years. Committee, the first woman to chair a positive attitude and a willingness to Lieutenant Colonel Callies began his the California Fair Employment Prac- help. He took tremendous pride in his career in the South Dakota Air Na- tices Commission, and a board member work and earned the respect of his tional Guard in 1977 as a traditional of California’s coastal and fair housing peers through his long career as a dep- guardsman in personnel. In 1978, he commissions. uty attorney general with the Dela- transitioned to finance, where he would Carmen’s passion for politics was ware Department of Justice and chief spend most of his career. In 1988, while equaled by her compassion and philan- New Castle county prosecutor. working full time, he earned a bachelor thropy. She was an active member of Our thoughts are with the entire of science in business administration many organizations, including the Los Letang family, including his wife from National College, now known as Angeles Music Center, the Truman Li- Debra, their children Nick and National American University. After brary Institute, the Jewish Federation Samantha, his sister Lisa and his almost 17 years of enlisted service, he of Greater Los Angeles, and the Wom- nieces and nephews Carson, Cooper and received his commission through the en’s Guild and Helping Hand of Los An- Cutter. The State of Delaware lost a Academy of Military Science in 1993. geles. great citizen in Peter Letang, but his Lieutenant Colonel Callies excelled Carmen long served as a member of legacy will long be remembered.∑ in the field of finance, with positions in the board of directors at Cedars-Sinai, f civilian pay, military pay, accounting, where she endowed medical and re- and budget. His superior knowledge of search chairs and founded the PROs, REMEMBERING ROMEO BARRERAS financial management has earned him which funds the Louis Warschaw Pros- ∑ Mr. HELLER. Madam President, numerous awards locally and nation- tate Cancer Center. Two years ago, at today I wish to honor the life of Pvt. ally. In both 1997 and 2004, Lieutenant age 93, Carmen joined me on a tour of Romeo Barreras, a Nevadan and Fili- Colonel Callies’s unit, the 114th Fight- the Cedars-Sinai Emergency Room and pino-American World War II veteran, er Wing, was named Air National Operating Room; I remember joking whose recent passing is a devastating Guard Financial Management and that she was the only person I knew loss to the Silver State. As a member Comptroller Office of the year. As one who could get me to put on scrubs. of the ‘‘Mighty Five,’’ a group of vet- of the best financial managers in the Carmen was also very generous to erans living in Las Vegas, Pvt. Romeo Air National Guard, the National her alma mater, USC, where she and Barreras helped lead the fight to pro- Guard Bureau and the Pentagon have Lou helped to establish the Casden In- vide proper military recognition and sought out his expertise. stitute for the Study of the Jewish compensation for nearly 24,000 Filipino He served as a member of the Re- Role in American Life and the Jesse M. World War II veterans. I am grateful source Protection Team, RPT, and held Unruh Institute of Politics at USC. In for his service to defend democracy the position of commander from 1993 to 2003, Carmen endowed a chair in prac- around the world and will continue to 2002. While on the RPT he dealt with tical politics at the Unruh Institute so do everything within my power to en- security issues related to the Sep- that students could learn about the sure that Filipino veterans are honored tember 11 attacks, visits by the Presi- nuts and bolts of politics as part of for their sacrifices. dent, and forest fires. In 2002, Lieuten- their political science education. Pvt. Romeo Barreras fought bravely ant Colonel Callies accepted a position This world and Carmen’s beloved for our country and yet was not able to as logistics manager, where he was in State of California are much better qualify for the military benefits he charge of all the activation activities, places thanks to her passion, compas- earned and deserved. That is why I in- expeditionary combat support, and de- sion, and commitment. On behalf of the troduced the Filipino Veterans Fair- ployment functions of the 114th Fight- people of California, I send my deepest ness Act, to establish a process for Fili- er Wing during their deployment to gratitude and condolences to her pinos who have fought alongside the Turkey to support Operation Northern daughters, Hope and Susan; her sons- U.S. military during World War II to Watch. After serving as logistics man- in-law, John Law and Carl Robertson; work with military historians to deter- ager, he returned to finance and in 2010 her grandchildren, Jack Law- mine eligibility for military benefits. was deployed to Haiti to assist with a Warschaw, Cara Robertson, and Chip We have a responsibility to ensure that Joint Command financial management Robertson; and her great-grandchildren individuals who served honorably mission with the U.S. Army. and many friends. We will all miss this alongside U.S. troops are recognized for It is an honor for me to share Lieu- dynamic force of nature and extraor- their contributions to our Nation. tenant Colonel Callies’s accomplish- dinary woman.∑ I am humbled to have known Pvt. ments with my colleagues and publicly f Romeo Barreras. It was a privilege to commend him for his hard work and work with him on behalf of all Filipino the many years of dedicated service he REMEMBERING PETER N. LETANG American World War II veterans. My has given the South Dakota Air Na- ∑ Mr. COONS. Madam President, I wish thoughts and prayers go out to his fam- tional Guard and our Nation. I wish to honor the life and legacy of Peter N. ily during this difficult time. Kevin a happy and healthy retirement Letang, Esq. For over 40 years, Mr. In memory of Pvt. Romeo Barreras, I with his wife Joyce and their four chil- Letang was a prosecutor for the State will continue fighting to ensure that dren.∑ of Delaware, a pioneer for justice who veterans and their families are prop- f was respected and beloved by all those erly thanked for their sacrifices. who had the pleasure to know him. Mr. Today, I ask my colleagues to join me TRIBUTE TO GENERAL TARBET Letang’s courtroom achievements are in remembering the life of an honor- ∑ Mr. LEE. Madam President, today I numerous, from being instrumental in able man who was dedicated to pro- wish to honor one of Utah’s finest, MG the State’s first use of DNA for convic- viding justice for deserving veterans.∑ Brian Tarbet, the Adjutant General of tion, to handling many of the State’s f the Utah National Guard. After 12 most highly publicized cases. years of leadership with the Utah Na- Peter was a Delaware legal power- TRIBUTE TO LIEUTENANT tional Guard and 39 years of highly house, but his courtroom achievements COLONEL KEVIN K. CALLIES decorated service in the United States are only part of the man he was. He ∑ Madam JOHNSON of South Dakota. Military, General Tarbet is retiring, was a great friend, a tremendous story- Mr. President, today I wish to pay trib- closing a transformative chapter in teller and a warm and wonderful ute to LTC Kevin K. Callies, upon his Utah’s history.

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8069 General Tarbet’s military career of Tarbet’s own soldiers, who said, the Progressive Party nominee for began in the U.S. Army Reserve in 1973, ‘‘Major General Tarbet is loved by his President, Henry Wallace. He served as where he served on active duty until soldiers. He has served us with impec- a flight surgeon in the US Air Force 1975 and then joined the Army National cable integrity, courage and common from 1961–1963. In the late 1960s, Mar- Guard in 1976. From 1976 he served in sense during a very tumultuous and shall London and his family volun- the 142nd Military Intelligence Bat- unprecedented time.’’ Sharon and I teered in support of Caesar Chavez’s talion and was then appointed Com- thank Major General Tarbet for his United Farm workers. He provided mander of the 300th Military Intel- service and wish him and his wife Mary medical services to migrant workers in ligence Linguist Brigade in 1993. He led all the best as they enter the next Delano, CA. the 97th Troop Command in 1996 and chapter of their lives.∑ In 1970 he returned to his native Bur- from September of 2001 he directed the f lington with his wife and children. A mobilization, deployment and rede- lifelong supporter of universal health REMEMBERING WARREN E. ployment of virtually all units of the care, Dr. London was committed to BRITCHER Utah Army and Air National Guard in serving the underserved and the elder- support of the Global War on Ter- ∑ Mr. MENENDEZ. Madam President, ly. Not only did he make house calls, rorism. The Utah National Guard has on December 10 of this year Mr. Warren but in addition to his medical bag he units that specialize in intelligence, E. Britcher, a veteran of World War II regularly carried plumbing and elec- special forces and aviation which have and former manager of the Senate res- trical tools to make home repairs for been particularly important to the War taurant, passed away at the age of 91. his patients. In the early 1990s, Dr. on Terrorism, and in 2003–2004, 80 per- Warren Britcher was born and raised London, as President of the Jewish cent of Utah’s reserve units were mobi- in Springfield, OH. He proudly served Community Council of Burlington, lized or on alert, which was among the in World War II as a T4 sergeant in the worked to resettle e´migre´s from the highest in the National Guard. The U.S. Army, eventually managing the former Soviet Union. Guard also provided assistance in the kitchen of Fort McClellan, one of the He never severed his ties to the UVM gulf coast in 2005 to the victims of hur- largest Army installations during Medical School, where he continued to ricanes Rita and Katrina and to the World War II. After serving in the serve as a mentor and teacher at the U.S.-Mexico border in support of Cus- Army, Warren went to work for Can- Fletcher Allen Hospital, even after he toms and Border protection operations. teen Food Service, where he held var- retired in 1997. General Tarbet’s awards and achieve- ious managerial assignments. In Au- In a time when corporate values have ments include the Legion of Merit, gust of 1950, Warren came to Wash- spread beyond business to such areas as Meritorious Service Medal, Army Com- ington, DC, to serve as manager of the education and health care, Marshall mendation Medal, Army Achievement Senate restaurant, where he oversaw London serves an enduring example Medal, Army Reserve Components the inaugural luncheon of U.S. Presi- that there are other values which can Achievement Medal, National Defense dent Dwight D. Eisenhower. Afterward, guide human life. He was a caring phy- Service Medal, Global War on Ter- he became the operations manager for sician, one who always charted his rorism Service Medal, Military Out- Yankee Stadium Foods and Conces- course by paying attention to those standing Volunteer Service Medal, sions before opening his own res- most in need, and always depending on Armed Forces Reserve Medal, the taurant and catering establishment, an exemplary social conscience. He was Army Service Ribbon, the Army Re- Swiss Town House, in my hometown, dedicated to his family. And he did not serve Components Overseas Training Union City, NJ. He left his restaurant restrict his life to work. Dr. London Ribbon, Utah Medal of Merit, Utah in 1977 to pursue a new position at Yon- was an alto saxophone player in the Joint Commendation Medal, Utah kers Raceway and later supervised the Vermont Catamount Band and Bur- Achievement Ribbon, Utah Joint Staff USS Intrepid Air and Space Museum lington City Band. He was also an avid Service Ribbon, Utah State Partner- food service. Prior to his retirement to tennis player and skier. Like so many ship Program Service Ribbon, Utah Florida, he created Britcher Conces- Vermonters—and he was a fifth-genera- Service Ribbon, Utah Emergency Serv- sion Corporation. tion Vermonter—he was also a loyal ice Ribbon, and the 2002 Winter Olym- Warren was the devoted husband of Red Sox fan. pic Games Service Ribbon. the late Dorothy Mae Lighthiser Dr. Marshall will be missed, though In 2002, just months after the Sep- Britcher and the father of Sherrie the example of his life and values will tember 11th terrorist attacks, Salt Ahrens, Drew Britcher, and the late endure. Lake City was slated to host the Win- Warren Britcher, Jr. He was the proud I ask that Dr. London’s obituary be ter Olympic games. Security was a tre- grandfather to four grandchildren, printed in the RECORD. mendous concern with talk of cancel- Douglas, Craig, Sean, and Caitlin Anne, The obituary follows: ling the games altogether. With the en- and had four great grandchildren. He [From the Burlington Free Press, tire nation on high alert, General will be laid to rest at Ferncliff Ceme- Dec. 13, 2012] Tarbet commanded 4,500 National tery in his hometown of Springfield, MARSHALL G. LONDON Guardsmen from 25 States in the secu- OH. BURLINGTON.—Marshall G. London, a fifth rity operation. The games were a tre- Warren’s service to our Nation and generation Burlingtonian, beloved family mendous success, and the security was his contributions to the food service in- man and dedicated local physician who made lauded for its effectiveness and unob- dustry will not be forgotten. My sym- house calls an integral part of his practice, trusiveness. The games served as a tri- pathies go out to Warren’s two sur- died at home on Dec. 12, 2012. He was 83. umphant American moment at a time viving children, Sherrie and Drew, and The grandson of a founding member of Bur- when the nation needed it most. his grandchildren and great-grand- lington’s first synagogue, Ahavath Gerim, The good will of the Utah National children.∑ Marshall was a featured participant in the recent Vermont Public Television documen- Guard extends far beyond the borders f of our own State, and guided the men tary ‘‘Little Jerusalem.’’ LOSS OF DR. MARSHALL LONDON He took pride in his local roots and Jewish and women of the Guard to places heritage, and had an enduring passion for where their service was needed most. ∑ Mr. SANDERS. Madam President, I Jewish history, and a strong commitment to Winston Churchill said, ‘‘The price of rise today to take note of the death of Israel. greatness is responsibility.’’ General a remarkable resident from my State He was born and raised in Burlington’s Old Tarbet has seen more than his fair of Vermont, Dr. Marshall London. Dr. North End. He graduated in 1951 from the share of difficult tasks and responsibil- London was one of the most prominent University of Vermont, where he was presi- ities and has performed each admi- citizens in Burlington, VT. A deeply dent of the Tau Epsilon Phi Fraternity. Al- rably. I believe every soldier who has beloved physician, he was also a life- ways staunchly liberal in his politics, Mar- shall was a campus organizer of the 1948 had the opportunity to serve under his long progressive and a liberal. presidential campaign for Progressive Party charge would agree that he has been a A native of Vermont, he attended the candidate Henry Wallace. leader of unprecedented character. The University of Vermont, where in 1948 He and Susanne (Sue) Abrams were mar- greatest commendation came from one he served as the campus organizer for ried in 1953 and had six children.

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8070 CONGRESSIONAL RECORD — SENATE December 17, 2012 Marshall began his medical career with an DISTRICT OF COLUMBIA’S FISCAL ington, COOPER, Ms. BORDALLO, Messrs. internship at the Mary Fletcher Hospital, YEAR (FY) 2013 BUDGET AND FI- COURTNEY, LOEBSACK, Ms. TSONGAS, followed by a residency at Mount Zion Hos- NANCIAL PLAN, RECEIVED DUR- and Ms. PINGREE of Maine. pital in San Francisco, Calif. Subsequently, ING ADJOURNMENT OF THE SEN- From the Permanent Select Com- he served as a flight surgeon in the U.S. Air Force in South Carolina. From 1961 to 1963, ATE ON DECEMBER 14, 2012—PM mittee on Intelligence, for consider- he completed a rheumatology fellowship at 63 ation of matters within the jurisdic- the Manchester Royal Infirmary in England, The PRESIDING OFFICER laid be- tion of that committee under clause 11 which included clinic visits across Europe. fore the Senate the following message of rule X: Messrs. ROGERS of Michigan, With children in tow, the London’s camped from the President of the United NUNES, and RUPPERSBERGER. in their VW bus from Lapland to Italy. From the Committee on Education States, together with an accompanying After returning to Burlington from Eng- and the Workforce, for consideration of report; which was referred to the Com- land, they moved to California, where Mar- sections 541 and 561 of the House bill shall joined a private practice in Los Gatos. mittee on Homeland Security and Gov- and sections 563 and 571–73 of the Sen- During this time, he volunteered in support ernmental Affairs: of Cesar Chavez’s United Farm Workers, pro- ate amendment, and modifications viding medical service to migrant workers in To the Congress of the United States: committed to conference: Mr. PETRI, Delano, Calif. In 1970, Marshall and his fam- Pursuant to my constitutional au- Mrs. NOEM, and Mr. SCOTT of Virginia. ily again returned to Burlington, where he thority and as contemplated by section From the Committee on Energy and opened a private practice on Orchard Ter- 446 of the District of Columbia Self- Commerce, for consideration of sec- race. Government and Governmental Reor- tions 312, 601, 727, 3111, 3113, 3114, 3117, A lifelong advocate of universal ganization Act as amended in 1989, I 3118, 3132, 3133, 3151, and 3202 of the healthcare, he was committed to providing for the underserved and the elderly, and he am transmitting the District of Colum- House bill and sections 736, 758, 914, volunteered as a mentor and teacher at the bia’s fiscal year (FY) 2013 Budget and 3118, 3122, 3152–54, 3156, and 5022 of the medical school for many years. He made Financial Plan. This transmittal does Senate amendment, and modifications house calls equipped with his medical bag, not represent an endorsement of the committed to conference: Messrs. WAL- and sometimes with plumbing or electrical contents of the D.C. government’s re- DEN, WHITFIELD, and WAXMAN. tools to assist with all manner of repairs. quests. From the Committee on Financial He retired in 1997, but continued, even in The proposed FY 2013 Budget and Fi- Services, for consideration of section recent months, attending Grand Rounds at nancial Plan reflects the major pro- 661 of the House bill and sections 651– the hospital and visiting former patients in their homes. grammatic objectives of the Mayor and 55, subtitle E of title XII, and title L of An alto saxophone player in the Vermont the Council of the District of Colum- the Senate amendment, and modifica- Catamount Band and Burlington City Band, bia. For FY 2013, the District estimates tions committed to conference: Mrs. he was also an avid tennis player, skier, and total revenues and expenditures of $11.4 CAPITO, Messrs. HUIZENGA of Michigan, loyal Red Sox fan. billion. and PERLMUTTER. He and Sue traveled frequently, visiting BARACK OBAMA. From the Committee on Foreign Af- Israel and often tent-camping in Newfound- THE WHITE HOUSE, December 14, 2012. fairs, for consideration of sections 227, land and Labrador. They made many friends in their travels, and their 19th-century home f 230, 335, 355, 952, 1013, 1033, 1035, 1037, bustles year-round with family and friends MESSAGES FROM THE HOUSE 1041, 1043, 1097, 1111, 1202, 1203, 1212, 1213, old and new. At 2:03 p.m., a message from the 1217, 1219, 1234, 1237, 1238, 1240, 1240A, Like his parents and grandparents before House of Representatives, delivered by 1240B, 1240C, 1243, 1245–47, 1301, 1303, him, Marshall was a devoted member of the Mrs. Cole, one of its reading clerks, an- 1531–33, title XVII, sections 3120, 3121, Ohavi Zedek Synagogue for many years. He nounced that the House has passed the and 3123 of the House bill and sections later joined Chabad of Vermont, where, clos- 237, 342, 873, subtitle F of title VIII, sec- er to the traditional roots of his grand- following bill, in which it requests the fathers, he found new spiritual and intellec- concurrence of the Senate: tions 1013, 1031, 1033, 1042, 1045, 1050, tual inspiration. H.R. 4053. An act to intensify efforts to 1093, 1201–04, 1212–15, 1217, 1218, 1223, He is survived by his wife, Susanne; chil- identify, prevent, and recover payment error, 1224, 1241, 1242, 1247, 1248, subtitle E of dren, Rebecca and Aaron Goldberg of Bur- waste, fraud, and abuse within Federal title XII, sections 1301, 1531, 1532, 1534, lington, Saul and Georgette London of High- spending. 3114 and 5023 of the Senate amendment, land Park, N.J., Sara London and Dean The message also announced that the and modifications committed to con- Albarelli of Northampton, Mass., Naomi House disagrees to the amendment of ference: Ms. ROS-LEHTINEN, Messrs. London of Burlington, Daniel and Andrea the Senate to the bill (H.R. 4310) to au- ROYCE, and BERMAN. London of Evanston, Ill., and Rachel London and Matt Bohner of Brooklyn, N.Y.; foster thorize appropriations for fiscal year From the Committee on Homeland daughter, Linda and Jim Nyema-Davies of 2013 for military activities of the De- Security, for consideration of section Greensboro, N.C.; grandchildren and great- partment of Defense, for military con- 1111 of the House bill and section 1803 grandchildren, Dinah and Joshua; Jesse and struction, and for defense activities of of the Senate amendment, and modi- Emily; Tamar and Isaac; Ilana and Jonny, the Department of Energy, to prescribe fications committed to conference: and children, Maya, Nitzan and Yoav; Tova military personnel strengths for such Messrs. KING of New York, Turner of and Shmuel and daughters, Bracha and fiscal year, and for other purposes, and New York, and THOMPSON of Mis- Tehila; Amalia and David, and son, Ruby; agrees to the conference asked by the sissippi. Ziva and Daniel, and son, Avromy; Jack, From the Committee on the Judici- Matan, Yonah, Liora, Cooper and Cali.∑ Senate on the disagreeing votes of the two Houses thereon; and appoints the ary, for consideration of sections 564, f following Members as the managers of 593, 599, 1033, 1084, 1088, 1099C, 1707, and MESSAGES FROM THE PRESIDENT the conference on the part of the 1709 of the House bill and sections 653, Messages from the President of the House: 736, 844, 844A, 897, 899, 1033, 1092, 1096, United States were communicated to From the Committee on Armed Serv- 1099C, 5021, 5024, subtitle E of title XII the Senate by Mr. Pate, one of his sec- ices, for consideration of the House bill and title LI of the Senate amendment, retaries. and the Senate amendment, and modi- and modifications committed to con- fications committed to conference: f ference: Messrs. SMITH of Texas, DAN- Messrs. MCKEON, BARTLETT, THORN- IEL E. LUNGREN of California, and CON- EXECUTIVE MESSAGES REFERRED BERRY, FORBES, MILLER of Florida, YERS. As in executive session the PRE- WILSON of South Carolina, LOBIONDO, From the Committee on Natural Re- SIDING OFFICER laid before the Sen- TURNER of Ohio, KLINE, ROGERS of Ala- sources, for consideration of sections ate messages from the President of the bama, SHUSTER, CONAWAY, WITTMAN, 316, 317, 601, 2841, 2846, and 2861 of the United States submitting sundry nomi- HUNTER, RIGELL, Mrs. HARTZLER, Mr. House bill and sections 271, 312, 1091, nations which were referred to the ap- WEST, Mrs. ROBY, Messrs. SMITH of 1433, title XIX, and section 2842 of the propriate committees. Washington, REYES, Ms. LORETTA SAN- Senate amendment, and modifications (The messages received today are CHEZ of California, Messrs. MCINTYRE, committed to conference: Messrs. HAS- printed at the end of the Senate pro- ANDREWS, Mrs. DAVIS of California, TINGS of Washington, BISHOP of Utah, ceedings.) Messrs. LANGEVIN, LARSEN of Wash- and MARKEY.

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8071 From the Committee on Oversight countability and management at the Depart- By Ms. KLOBUCHAR (for herself and and Government Reform, for consider- ment of Homeland Security. Mr. SESSIONS): ation of sections 313, 651, 663, 801, 812, S. 3542. An act to authorize the Assistant S. 3688. A bill to provide effective criminal 833, 952, 1101–04, 1111, 1616, 1683, 1702, Secretary of Homeland Security (Transpor- prosecutions for certain identity thefts, and tation Security Administration) to modify for other purposes; to the Committee on the 1704–06, and 2811 of the House bill and screening requirements for checked baggage Judiciary. sections 641, 822, 825, 844, 844A, 892, 894– arriving from preclearance airports, and for 96, 903, 1099A, 1101–04, and subtitle B of other purposes. f title LIII of the Senate amendment, The Secretary of the Senate reported SUBMISSION OF CONCURRENT AND and modifications committed to con- that on December 14, 2012, she had pre- SENATE RESOLUTIONS ference: Messrs. ISSA, WALBERG, and sented to the President of the United The following concurrent resolutions CUMMINGS. States the following enrolled bills: From the Committee on Science, and Senate resolutions were read, and The Secretary of the Senate reported referred (or acted upon), as indicated: Space, and Technology, for consider- that on today, December 17, 2012, she By Mr. REID (for himself and Mr. ation of sections 916, 1074, 1603, 1617, had presented to the President of the 1661, and 3158 of the House bill and sec- MCCONNELL): United States the following enrolled S. Res. 619. A resolution to elect Patrick J. tions 271, 912, 1046, title XVIII, sections bills: Leahy, a Senator from the State of Vermont, 3153, 3159 and 3504 of the Senate amend- S. 1379. An act to amend title 11, District of to be President pro tempore of the Senate of ment, and modifications committed to Columbia Official Code, to revise certain ad- the United States; considered and agreed to. conference: Mr. HALL, Mrs. BIGGERT, ministrative authorities of the District of By Mr. MCCONNELL (for himself and and Ms. EDDIE BERNICE JOHNSON of Columbia courts, and to authorize the Dis- Mr. DURBIN): Texas. trict of Columbia Public Defender Service to S. Res. 620. A resolution to authorize Harry From the Committee on Small Busi- provide professional liability insurance for Reid, a Senator from the State of Nevada, to ness, for consideration of sections 1611, officers and employees of the Service for administer the oath of office of President of the Senate pro tempore to Patrick J. Leahy, 1621–23, 1631, 1632, 1641, 1651–58, 1661, claims relating to services furnished within the scope of employment with the Service. a Senator from the State of Vermont; con- 1671–73, 1681–83, 1691, 1693a, 1695, and S. 3315. An act to repeal or modify certain sidered and agreed to. 1697 of the House bill and sections 848, mandates of the Government Accountability By Mr. LIEBERMAN (for himself, Mr. 888, 889E, 1090, and 1099E of the Senate Office. BLUMENTHAL, Mr. REID, Mr. MCCON- amendment, and modifications com- f NELL, Mr. AKAKA, Mr. ALEXANDER, mitted to conference: Mr. GRAVES of Ms. AYOTTE, Mr. BARRASSO, Mr. BAU- Missouri, Ms. HERRERA BEUTLER, and REPORTS OF COMMITTEES CUS, Mr. BEGICH, Mr. BENNET, Mr. BINGAMAN, Mr. BLUNT, Mr. BOOZMAN, Ms. VELA´ ZQUEZ. The following reports of committees Mrs. BOXER, Mr. BROWN of Massachu- From the Committee on Transpor- were submitted: setts, Mr. BROWN of Ohio, Mr. BURR, tation and Infrastructure, for consider- By Mr. AKAKA, from the Committee on Ms. CANTWELL, Mr. CARDIN, Mr. CAR- ation of sections 334, 535, 601, 704, 1074, Indian Affairs, with an amendment in the PER, Mr. CASEY, Mr. CHAMBLISS, Mr. 1078, 2801, and 3509 of the House bill and nature of a substitute: COATS, Mr. COBURN, Mr. COCHRAN, Ms. sections 521, 1803, 1804, 3503–05, 3508, and S. 675. A bill to express the policy of the COLLINS, Mr. CONRAD, Mr. COONS, Mr. 3509 of the Senate amendment, and United States regarding the United States CORKER, Mr. CORNYN, Mr. CRAPO, Mr. modifications committed to con- relationship with Native Hawaiians and to DEMINT, Mr. DURBIN, Mr. ENZI, Mrs. provide a process for the recognition by the FEINSTEIN, Mr. FRANKEN, Mrs. GILLI- ference: Messrs. MICA, COBLE, and United States of the Native Hawaiian gov- BRAND, Mr. GRAHAM, Mr. GRASSLEY, BISHOP of New York. erning entity (Rept. No. 112–251). Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, From the Committee on Veterans Af- By Mr. LEAHY, from the Committee on Mr. HELLER, Mr. HOEVEN, Mrs. fairs, for consideration of sections 355, the Judiciary, with an amendment in the na- HUTCHISON, Mr. INHOFE, Mr. ISAKSON, 564, 565, 664, and 728 of the House bill ture of a substitute: Mr. JOHANNS, Mr. JOHNSON of Wis- and sections 642, 755, 756, 759–64, 1044, S. 1223. A bill to address voluntary location consin, Mr. JOHNSON of South Da- 1087, 1090, 1097, 1099B, and title L of the tracking of electronic communications de- kota, Mr. KERRY, Mr. KIRK, Ms. KLO- Senate amendment, and modifications vices, and for other purposes. BUCHAR, Mr. KOHL, Mr. KYL, Ms. LAN- DRIEU, Mr. LAUTENBERG, Mr. LEAHY, committed to conference: Messrs. BILI- f Mr. LEE, Mr. LEVIN, Mr. LUGAR, Mr. RAKIS, LAMBORN, and MICHAUD. INTRODUCTION OF BILLS AND MANCHIN, Mr. MCCAIN, Mrs. MCCAS- ENROLLED BILLS SIGNED JOINT RESOLUTIONS KILL, Mr. MENENDEZ, Mr. MERKLEY, At 2:25 p.m., a message from the The following bills and joint resolu- Ms. MIKULSKI, Mr. MORAN, Ms. MUR- House of Representatives, delivered by tions were introduced, read the first KOWSKI, Mrs. MURRAY, Mr. NELSON of Mrs. Cole, one of its reading clerks, an- and second times by unanimous con- Nebraska, Mr. NELSON of Florida, Mr. PAUL, Mr. PORTMAN, Mr. PRYOR, Mr. nounced that the Speaker has signed sent, and referred as indicated: REED, Mr. RISCH, Mr. ROBERTS, Mr. the following enrolled bills: By Mr. WARNER: ROCKEFELLER, Mr. RUBIO, Mr. SAND- S. 1379. An act to amend title 11, District of S. 3684. A bill to amend title XVIII of the ERS, Mr. SCHUMER, Mr. SESSIONS, Columbia Official Code, to revise certain ad- Social Security Act to provide for advanced Mrs. SHAHEEN, Mr. SHELBY, Ms. ministrative authorities of the District of illness care coordination services for Medi- SNOWE, Ms. STABENOW, Mr. TESTER, Columbia courts, and to authorize the Dis- care beneficiaries, and for other purposes; to Mr. THUNE, Mr. TOOMEY, Mr. UDALL trict of Columbia Public Defender Service to the Committee on Finance. of Colorado, Mr. UDALL of New Mex- provide professional liability insurance for By Mr. AKAKA (for himself and Mr. ico, Mr. VITTER, Mr. WARNER, Mr. officers and employees of the Service for BARRASSO): WEBB, Mr. WHITEHOUSE, Mr. WICKER, claims relating to services furnished within S. 3685. A bill to amend the Indian Self-De- and Mr. WYDEN): the scope of employment with the Service. termination and Education Assistance Act S. Res. 621. A resolution condemning the S. 3315. An act to repeal or modify certain to provide further self-governance by Indian horrific attacks in Newtown, Connecticut, mandates of the Government Accountability tribes, and for other purposes; to the Com- and expressing support and prayers for all Office. mittee on Indian Affairs. those impacted by that tragedy; considered The enrolled bills were subsequently By Mr. KERRY: and agreed to. signed by the Acting President pro S. 3686. A bill to amend title VII of the Civil Rights Act of 1964 to establish provi- f tempore (Mr. COONS). sions with respect to religious accommoda- ADDITIONAL COSPONSORS f tions in employment, and for other purposes; to the Committee on Health, Education, S. 32 ENROLLED BILLS PRESENTED Labor, and Pensions. At the request of Mr. LAUTENBERG, The Secretary of the Senate reported By Mrs. BOXER: the name of the Senator from Rhode Is- S. 3687. A bill to amend the Federal Water that on December 14, 2012, she had pre- land (Mr. WHITEHOUSE) was added as a Pollution Control Act to reauthorize the sented to the President of the United Lake Pontchartrain Basin Restoration Pro- cosponsor of S. 32, a bill to prohibit the States the following enrolled bills: gram, to designate certain Federal buildings, transfer or possession of large capacity S. 1998. An act to obtain an unqualified and for other purposes; considered and ammunition feeding devices, and for audit opinion, and improve financial ac- passed. other purposes.

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8072 CONGRESSIONAL RECORD — SENATE December 17, 2012 S. 3461 entered into treaties with the Indian of the Interior and the Indian Health At the request of Mr. BROWN of Ohio, tribes, just as we did with a diversity Service can be unnecessarily cum- the name of the Senator from Ohio of foreign nations, governing issues bersome for tribes due to different re- (Mr. PORTMAN) was added as a cospon- such as trade, peace, and other rela- quirements for each. At the Commit- sor of S. 3461, a bill to amend title IV tions. tee’s hearing on the topic of Self-De- of the Public Health Service Act to With our westward expansion, and as termination and Self-Governance held provide for a National Pediatric Re- public sentiment and Federal policy in September, witnesses from the Ad- search Network, including with respect objectives turned to Manifest Destiny ministration and Native governments to pediatric rare diseases or conditions. during the 19th century, Federal poli- alike lauded the positive effects Self- S. 3633 cies toward our Country’s first peoples Determination Era policies are having At the request of Ms. MURKOWSKI, the changed, and the movement to remove on Native communities and stressed name of the Senator from Alaska (Mr. and assimilate the Native peoples the importance of amending the Indian BEGICH) was added as a cosponsor of S. began. The United States, recognizing Self-Determination and Education As- 3633, a bill to provide for the the sovereignty of tribes, again relied sistance Act to ensure tribes can man- unencumbering of title to non-Federal on treaties to facilitate the acquisition age these programs efficiently. S. 3685 land owned by the city of Anchorage, of native lands, and promised in ex- will streamline processes and make it Alaska, for purposes of economic devel- change to provide for Indian health, simpler for tribes to manage programs opment by conveyance of the Federal education, welfare, and housing. to benefit their members. It has been reversion interest to the City. This change in Federal policy dev- developed after months of tribal con- astated Native peoples. It turned out sultation and has been a bi-partisan ef- S. 3678 that the Federal Government was not a fort. In crafting this bill, we have been At the request of Mr. TOOMEY, the very effective administrator of pro- careful to ensure that none of its provi- name of the Senator from North Caro- grams aimed at fulfilling our country’s sions will affect current law relating to lina (Mrs. HAGAN) was added as a co- trust responsibility to its native peo- contracting or compacting of non-BIA sponsor of S. 3678, a bill to help ensure ples. programs under the Indian Self-Deter- the fiscal solvency of the FHA mort- By the late 1960’s and early 1970’s mination and Education Assistance gage insurance programs of the Sec- Federal Indian policy shifted again to Act, or congressionally approved water retary of Housing and Urban Develop- one that began to reaffirm the inherent settlements. ment, and for other purposes. right of Native peoples to govern them- I encourage all of my colleagues to S. RES. 439 selves and fully support them in doing stand with me in support of this impor- At the request of Mr. BLUMENTHAL, so. This policy became formalized by tant legislative initiative. the name of the Senator from Illinois the enactment of the Indian Self-De- Mr. BARRASSO. Mr. President, I rise (Mr. DURBIN) was added as a cosponsor termination and Education Assistance to join my good friend, Senator AKAKA, of S. Res. 439, a resolution expressing Act in 1975, which enabled tribes to in sponsoring the Department of the the sense of the Senate that Village contract with certain Federal agencies Interior Tribal Self-Governance Act of Voice Media Holdings, LLC should to provide federal programs to their 2012. eliminate the ‘‘adult entertainment’’ tribal members and communities. Congress passed the Indian Self-De- section of the classified advertising Subsequent legislation allowed tribes termination and Education Assistance website Backpage.com. greater flexibility in designing and op- Act in 1975 to set forth a new dynamic f erating Indian 410 programs for tribes in the Federal-tribal relationship. who have a demonstrated capacity. Since then, we have seen many benefits STATEMENTS ON INTRODUCED Currently, about 60 percent of tribes for Indian communities as a result of BILLS AND JOINT RESOLUTIONS carry out self-governance compacts the Federal Indian policy of self-deter- By Mr. AKAKA (for himself and with either the Department of the Inte- mination in general and the Indian Mr. BARRASSO): rior or the Indian Health Service, or Self-Determination and Education As- S. 3685. A bill to amend the Indian both. sistance Act in particular. Indian self- Self-Determination and Education As- Federal reaffirmation and support of determination is one of the most suc- sistance Act to provide further self- tribal sovereignty through self-govern- cessful, if not the most successful, Fed- governance by Indian tribes, and for ance programs has enabled tribes to eral Indian policies in the history of other purposes; to the Committee on generate revenues through their own our country’s relations with Indian Indian Affairs. business enterprises, establish their Country. Mr. AKAKA. Mr. President, today I own courts and law enforcement sys- The Indian Self-Determination and rise to introduce S. 3685, The Depart- tems, and remake school curricula to Education Assistance Act was amended ment of the Interior Tribal Self-Gov- better meet the needs of Native stu- over 20 years ago to include the Self- ernance Act of 2012. I am proud to in- dents. Importantly, tribes have done Governance program. Self-Governance troduce this bill and I am thankful for this without forced assimilation to became a permanent program in the the cosponsorship of my friend and col- mainstream American traditions and Department of the Interior in 1994, and league, the Vice Chairman of the In- norms. This Federal focus on self-de- it has been a resounding success. Now, dian Affairs Committee, Senator BAR- termination and self-governance has as of 2012, hundreds of Indian tribes are RASSO. The Department of the Interior proven to be the only Federal policy participating in the Self-Governance Tribal Self-Governance Act of 2012 is that has worked for Native commu- program in one way or another. an important next step in our Federal nities. Studies show that self-deter- It comes as no surprise to me, that policy of recognizing and supporting mination policies have enabled Indian the Indian tribes can administer these tribal self-governance. tribes to build strong economies, re- programs on behalf of their own people Our country’s Native peoples have al- verse decades of language loss, and tai- far better than the Federal government ways had the right to govern them- lor programs and services to better could ever hope to administer them. selves. When the earliest explorers ar- meet the needs of their people. Nevertheless, after some 18 years, the rived in the New World, they recog- It is our responsibility to ensure that time has come for the self-governance nized the sovereignty of the Native our policy of self-governance advances program to be reviewed and improved. peoples they met. Soon after, European to meet the needs of native peoples. As This bill is intended to provide ‘‘key colonial nations began entering into Chairman of the Indian Affairs Com- improvements to the way self-govern- treaties with Indian tribes as they ex- mittee, it has come to my attention ance works in the Department of the panded into the American continent. It that several relatively minor technical Interior, improvements that have been is clear, from the terms of the Con- changes are needed to the underlying studied, evaluated, discussed, and nego- stitution, our Founding Fathers under- law to ensure the goals of our federal tiated by the tribes and by the Depart- stood the sovereign authority of tribes, policy are realized. For instance, I un- ment of the Interior. and their capacity to be self-governing. derstand that the administration of During the course of this Congress, From our earliest days as a Nation, we programs under both the Department some issues did arise relating to the

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 9801 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8073 self-governance program in Interior Mr. CASEY, Mr. CHAMBLISS, Mr. COATS, the other departments and agencies of the agencies other than the Bureau of In- Mr. COBURN, Mr. COCHRAN, Ms. COLLINS, Government for the fiscal year ending Sep- dian Affairs, in particular the Bureau Mr. CONRAD, Mr. COONS, Mr. CORKER, tember 30, 2011, and for other purposes. SA 3339. Mr. LEAHY (for Mr. INOUYE) pro- of Reclamation. Indian tribal leaders Mr. CORNYN, Mr. CRAPO, Mr. DEMINT, posed an amendment to amendment SA 3338 and Senate staff have worked for many Mr. DURBIN, Mr. ENZI, Mrs. FEINSTEIN, proposed by Mr. LEAHY (for Mr. INOUYE (for months to resolve those issues, and Mr. FRANKEN, Mrs. GILLIBRAND, Mr. himself and Mr. LAUTENBERG)) to the bill their efforts in that regard are incor- GRAHAM, Mr. GRASSLEY, Mrs. HAGAN, H.R. 1, supra. porated into this bill. I believe the bill Mr. HARKIN, Mr. HATCH, Mr. HELLER, SA 3340. Mr. CARDIN (for himself and Ms. goes a long way in dealing with those Mr. HOEVEN, Mrs. HUTCHISON, Mr. LANDRIEU) submitted an amendment in- issues, and the program will be better INHOFE, Mr. ISAKSON, Mr. JOHANNS, Mr. tended to be proposed by him to the bill H.R. 1, supra; which was ordered to lie on the off as a result of these efforts. JOHNSON of Wisconsin, Mr. JOHNSON of table. I want to thank Senator AKAKA, the South Dakota, Mr. KERRY, Mr. KIRK, SA 3341. Mr. REID (for Mr. WHITEHOUSE) Chairman of the Indian Affairs Com- Ms. KLOBUCHAR, Mr. KOHL, Mr. KYL, proposed an amendment to the bill S. 1793, to mittee and with whom I have worked Ms. LANDRIEU, Mr. LAUTENBERG, Mr. amend title 28, United States Code, to clarify this past Congress as Vice Chairman, LEAHY, Mr. LEE, Mr. LEVIN, Mr. LUGAR, the statutory authority for the longstanding for his leadership on this bill which I Mr. MANCHIN, Mr. MCCAIN, Mrs. MCCAS- practice of the Department of Justice of pro- support and on advancing initiatives KILL, Mr. MENENDEZ, Mr. MERKLEY, Ms. viding investigatory assistance on request of State and local authorities with respect to that will improve the lives of Indian MIKULSKI, Mr. MORAN, Ms. MURKOWSKI, certain serious violent crimes, and for other people. Mrs. MURRAY, Mr. NELSON of Nebraska, purposes. f Mr. NELSON of Florida, Mr. PAUL, Mr. SA 3342. Mr. REID (for Mr. WHITEHOUSE) PORTMAN, Mr. PRYOR, Mr. REED, Mr. proposed an amendment to the bill H.R. 2076, SUBMITTED RESOLUTIONS RISCH, Mr. ROBERTS, Mr. ROCKEFELLER, to amend title 28, United States Code, to Mr. RUBIO, Mr. SANDERS, Mr. SCHUMER, clarify the statutory authority for the long- Mr. SESSIONS, Mrs. SHAHEEN, Mr. standing practice of the Department of Jus- SENATE RESOLUTION 619—TO tice of providing investigatory assistance on SHELBY, Ms. SNOWE, Ms. STABENOW, Mr. ELECT PATRICK J. LEAHY, A request of State and local authorities with TESTER, Mr. THUNE, Mr. TOOMEY, Mr. SENATOR FROM THE STATE OF respect to certain serious violent crimes, and UDALL of Colorado, Mr. UDALL of New VERMONT, TO BE PRESIDENT for other purposes. Mexico, Mr. VITTER, Mr. WARNER, Mr. PRO TEMPORE OF THE SENATE SA 3343. Ms. KLOBUCHAR (for herself and WEBB, Mr. WHITEHOUSE, Mr. WICKER, Mr. SESSIONS) submitted an amendment in- OF THE UNITED STATES and Mr. WYDEN) submitted the fol- tended to be proposed by her to the bill H.R. Mr. REID (for himself and Mr. lowing resolution; which was consid- 4362, to provide effective criminal prosecu- MCCONNELL) submitted the following ered and agreed to: tions for certain identity thefts, and for other purposes; which was referred to the resolution; which was considered and S. RES. 621 agreed to: Committee on the Judiciary. Whereas, on December 14, 2012, a mass SA 3344. Mr. BINGAMAN submitted an S. RES. 619 shooting took place at Sandy Hook Elemen- amendment intended to be proposed by him Resolved, That Patrick J. Leahy, a Sen- tary School in Newtown, Connecticut; to the bill H.R. 1, making appropriations for ator from the State of Vermont, be, and he is Whereas the people of the United States the Department of Defense and the other de- hereby, elected President of the Senate pro mourn the 26 innocent lives, including those partments and agencies of the Government tempore. of 20 children, that have been lost at Sandy for the fiscal year ending September 30, 2011, Hook Elementary School in this unimagi- and for other purposes; which was ordered to f nable tragedy; lie on the table. SENATE RESOLUTION 620—TO AU- Whereas the people of the United States SA 3345. Mrs. HAGAN (for Ms. LANDRIEU) THORIZE HARRY REID, A SEN- will always remember the victims of the pre- proposed an amendment to the bill S. 3472, to ATOR FROM THE STATE OF NE- vious mass shootings that have occurred in amend the Family Educational Rights and VADA, TO ADMINISTER THE the United States and stand in solidarity Privacy Act of 1974 to provide improvements with the survivors; and to such Act. OATH OF OFFICE OF PRESIDENT Whereas the quick action of law enforce- f OF THE SENATE PRO TEMPORE ment officials and other first responders pre- TO PATRICK J. LEAHY, A SEN- vented additional losses of life: Now, there- TEXT OF AMENDMENTS ATOR FROM THE STATE OF fore, be it SA 3338. Mr. LEAHY (for Mr. INOUYE VERMONT Resolved, That the Senate— (for himself and Mr. LAUTENBERG)) pro- (1) condemns the senseless attack at Sandy posed an amendment to the bill H.R. 1, Mr. MCCONNELL (for himself and Hook Elementary School in Newtown, Con- Mr. DURBIN) submitted the following necticut, on Friday, December 14, 2012; making appropriations for the Depart- resolution; which was considered and (2) offers condolences to all of the students, ment of Defense and the other depart- agreed to: teachers, administrators, and faculty of ments and agencies of the Government S. RES. 620 Sandy Hook Elementary School, as well as for the fiscal year ending September 30, their families, and recognizes that the heal- Resolved, That Harry Reid, a Senator from 2011, and for other purposes; as follows: ing process will be long and difficult for the the State of Nevada, is hereby authorized to Strike all after the enacting clause, and in- entire Newtown community; administer the oath of office of President of sert in lieu thereof: (3) honors the selfless, dedicated service the Senate Pro Tempore to Patrick J. That the following sums are hereby appro- of— Leahy, a Senator from the State of Vermont. priated, out of any money in the Treasury (A) the teachers, school administrators, not otherwise appropriated, for fiscal year f school support staff, medical professionals, 2013, and for other purposes, namely: SENATE RESOLUTION 621—CON- and others in the greater Newtown commu- nity; SUPPLEMENTAL APPROPRIATIONS FOR DEMNING THE HORRIFIC AT- (B) the emergency response teams and law DISASTER ASSISTANCE TACKS IN NEWTOWN, CON- enforcement officials who responded to the TITLE I NECTICUT, AND EXPRESSING attack; and DEPARTMENT OF AGRICULTURE SUPPORT AND PRAYERS FOR (C) the law enforcement officials who con- AGRICULTURAL PROGRAMS tinue to investigate the attack; and ALL THOSE IMPACTED BY THAT FARM SERVICE AGENCY (4) remains committed to working together TRAGEDY EMERGENCY CONSERVATION PROGRAM to help prevent tragedies like this from ever Mr. LIEBERMAN (for himself, Mr. happening again. For necessary expenses for the ‘‘Emer- BLUMENTHAL, Mr. REID, Mr. MCCON- gency Conservation Program’’, $25,090,000, to f NELL, Mr. AKAKA, Mr. ALEXANDER, Ms. remain available until expended, of which AYOTTE, Mr. BARRASSO, Mr. BAUCUS, AMENDMENTS SUBMITTED AND $15,000,000 is for expenses resulting from a major disaster declared pursuant to the Rob- Mr. BEGICH, Mr. BENNET, Mr. BINGA- PROPOSED ert T. Stafford Disaster Relief and Emer- MAN LUNT OOZMAN , Mr. B , Mr. B , Mrs. SA 3338. Mr. LEAHY (for Mr. INOUYE (for gency Assistance Act (42 U.S.C. 5121 et. seq.): BOXER, Mr. BROWN of Massachusetts, himself and Mr. LAUTENBERG)) proposed an Provided, That such amount is designated by Mr. BROWN of Ohio, Mr. BURR, Ms. amendment to the bill H.R. 1, making appro- the Congress as being for an emergency re- CANTWELL, Mr. CARDIN, Mr. CARPER, priations for the Department of Defense and quirement pursuant to section 251(b)(2)(A)(i)

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8074 CONGRESSIONAL RECORD — SENATE December 17, 2012 of the Balanced Budget and Emergency Def- (5) $150,000,000, for necessary expenses re- Salaries and Expenses’’ for necessary ex- icit Control Act of 1985. lated to fishery disasters as declared by the penses related to the consequences of Hurri- EMERGENCY FOREST RESTORATION PROGRAM Secretary of Commerce in calendar year 2012: cane Sandy, $230,000, to remain available Provided, That the National Oceanic and At- until September 30, 2013: Provided, That such For necessary expenses for the ‘‘Emer- mospheric Administration shall submit a amount is designated by the Congress as gency Forest Restoration Program’’, spending plan to the Committees on Appro- being for an emergency requirement pursu- $58,855,000, to remain available until ex- priations of the House of Representatives ant to section 251(b)(2)(A)(i) of the Balanced pended, of which $49,010,000 is for expenses and the Senate within 45 days after the date Budget and Emergency Deficit Control Act resulting from a major disaster declared pur- of enactment of this Act: Provided further, of 1985. suant to the Robert T. Stafford Disaster Re- That such amount is designated by the Con- lief and Emergency Assistance Act (42 U.S.C. FEDERAL PRISON SYSTEM gress as being for an emergency requirement 5121 et. seq.): Provided, That such amount is BUILDINGS AND FACILITIES pursuant to section 251(b)(2)(A)(i) of the Bal- designated by the Congress as being for an For an additional amount for ‘‘Federal anced Budget and Emergency Deficit Control emergency requirement pursuant to section Prison System, Buildings and Facilities’’ for Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and necessary expenses related to the con- Emergency Deficit Control Act of 1985. PROCUREMENT, ACQUISITION AND CONSTRUCTION sequences of Hurricane Sandy, $10,000,000, to CONSERVATION PROGRAMS For an additional amount for ‘‘Procure- remain available until expended: Provided, ment, Acquisition and Construction’’, That such amount is designated by the Con- NATURAL RESOURCES CONSERVATION SERVICE $109,000,000, to remain available until Sep- gress as being for an emergency requirement EMERGENCY WATERSHED PROTECTION PROGRAM tember 30, 2015, as follows— pursuant to section 251(b)(2)(A)(i) of the Bal- For necessary expenses for the ‘‘Emer- (1) $47,000,000 for the Coastal and Estuarine anced Budget and Emergency Deficit Control gency Watershed Protection Program’’, Land Conservation Program to support State Act of 1985. $125,055,000, to remain available until ex- and local restoration in areas affected by SCIENCE pended, of which $77,085,000 is for expenses Hurricane Sandy; NATIONAL AERONAUTICS AND SPACE resulting from a major disaster declared pur- (2) $9,000,000 to repair National Oceanic and ADMINISTRATION suant to the Robert T. Stafford Disaster Re- Atmospheric Administration (NOAA) facili- CONSTRUCTION AND ENVIRONMENTAL lief and Emergency Assistance Act (42 U.S.C. ties damaged by Hurricane Sandy; COMPLIANCE AND RESTORATION 5121 et. seq.): Provided, That unobligated bal- (3) $44,500,000 for repairs and upgrades to For an additional amount for ‘‘Construc- ances for the ‘‘Emergency Watershed Protec- NOAA hurricane reconnaissance aircraft; tion and Environmental Compliance and tion Program’’ provided in Public Law 108– and Restoration’’ for repair at National Aero- 199, Public Law 109–234, and Public Law 110– (4) $8,500,000 for improvements to weather nautics and Space Administration facilities 28 shall be available for the purposes of such forecasting equipment and supercomputer damaged by Hurricane Sandy, $15,000,000, to program for disasters, and shall remain infrastructure: remain available until September 30, 2018: available until expended: Provided further, Provided, That NOAA shall submit a spend- Provided, That such amount is designated by That such amounts are designated by the ing plan to the Committees on Appropria- the Congress as being for an emergency re- Congress as being for an emergency require- tions of the House of Representatives and quirement pursuant to section 251(b)(2)(A)(i) ment pursuant to section 251(b)(2)(A)(i) of the Senate within 45 days after the date of of the Balanced Budget and Emergency Def- the Balanced Budget and Emergency Deficit enactment of this Act: Provided further, That icit Control Act of 1985. Control Act of 1985. such amount is designated by the Congress RELATED AGENCIES DOMESTIC FOOD PROGRAMS as being for an emergency requirement pur- LEGAL SERVICES CORPORATION FOOD AND NUTRITION SERVICE suant to section 251(b)(2)(A)(i) of the Bal- anced Budget and Emergency Deficit Control PAYMENT TO THE LEGAL SERVICES COMMODITY ASSISTANCE PROGRAM Act of 1985. CORPORATION For an additional amount for the emer- DEPARTMENT OF JUSTICE For an additional amount for ‘‘Legal Serv- gency food assistance program as authorized ices Corporation, Payment to the Legal GENERAL ADMINISTRATION by section 27(a) of the Food and Nutrition Services Corporation’’ to carry out the pur- Act of 2008 (7 U.S.C. 2036(a)) and section OFFICE OF INSPECTOR GENERAL poses of the Legal Services Corporation Act 204(a)(1) of the Emergency Food Assistance For an additional amount for ‘‘General Ad- by providing for necessary expenses related Act of 1983 (7 U.S.C. 7508(a)(1)), $15,000,000, to ministration, Office of Inspector General’’ to the consequences of Hurricane Sandy, remain available through September 30, 2014: for necessary expenses related to the con- $1,000,000, to remain available until Sep- Provided, That notwithstanding any other sequences of Hurricane Sandy, $20,000, to re- tember 30, 2013: Provided, That the amount provisions of the Emergency Food Assistance main available until September 30, 2013: Pro- made available under this heading shall be Act of 1983 (the ‘‘Act’’), the Secretary may vided, That such amount is designated by the used only to provide the mobile resources, allocate additional foods and funds for ad- Congress as being for an emergency require- technology, and disaster coordinators nec- ministrative expenses from resources specifi- ment pursuant to section 251(b)(2)(A)(i) of essary to provide storm-related services to cally appropriated, transferred, or repro- the Balanced Budget and Emergency Deficit the Legal Services Corporation client popu- grammed to restore to states resources used Control Act of 1985. lation and only in the areas significantly af- to assist families and individuals displaced FEDERAL BUREAU OF INVESTIGATION fected by Hurricane Sandy: Provided further, by Hurricane Sandy among the states with- SALARIES AND EXPENSES That such amount is designated by the Con- out regard to sections 204 and 214 of the Act: gress as being for an emergency requirement For an additional amount for ‘‘Federal Bu- Provided further, That such amount is des- pursuant to section 251(b)(2)(A)(i) of the Bal- reau of Investigation, Salaries and Ex- ignated by the Congress as being for an anced Budget and Emergency Deficit Control penses’’ for necessary expenses related to the emergency requirement pursuant to section Act of 1985: Provided further, That none of the consequences of Hurricane Sandy, $4,000,000, 251(b)(2)(A)(i) of the Balanced Budget and funds appropriated in this Act to the Legal to remain available until September 30, 2013: Emergency Deficit Control Act of 1985 (Pub- Services Corporation shall be expended for Provided, That such amount is designated by lic Law 99–177), as amended. any purpose prohibited or limited by, or con- the Congress as being for an emergency re- TITLE II trary to any of the provisions of, sections quirement pursuant to section 251(b)(2)(A)(i) 501, 502, 503, 504, 505, and 506 of Public Law DEPARTMENT OF COMMERCE of the Balanced Budget and Emergency Def- 105–119, and all funds appropriated in this NATIONAL OCEANIC AND ATMOSPHERIC icit Control Act of 1985. Act to the Legal Services Corporation shall ADMINISTRATION DRUG ENFORCEMENT ADMINISTRATION be subject to the same terms and conditions OPERATIONS, RESEARCH, AND FACILITIES SALARIES AND EXPENSES set forth in such sections, except that all ref- For an additional amount for ‘‘Operations, For an additional amount for ‘‘Drug En- erences in sections 502 and 503 to 1997 and Research, and Facilities’’, $373,000,000 to re- forcement Administration, Salaries and Ex- 1998 shall be deemed to refer instead to 2012 main available until September 30, 2014, as penses’’ for necessary expenses related to the and 2013, respectively, and except that sec- follows— consequences of Hurricane Sandy, $1,000,000, tions 501 and 503 of Public Law 104–134 (ref- (1) $6,200,000 to repair and replace ocean ob- to remain available until September 30, 2013: erenced by Public Law 105–119) shall not serving and coastal monitoring assets dam- Provided, That such amount is designated by apply to the amount made available under aged by Hurricane Sandy; the Congress as being for an emergency re- this heading. (2) $10,000,000 to repair and improve weath- quirement pursuant to section 251(b)(2)(A)(i) TITLE III er forecasting capabilities and infrastruc- of the Balanced Budget and Emergency Def- DEPARTMENT OF DEFENSE ture; icit Control Act of 1985. DEPARTMENT OF DEFENSE—MILITARY (3) $150,000,000 to evaluate, stabilize and re- BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND store coastal ecosystems affected by Hurri- OPERATION AND MAINTENANCE EXPLOSIVES cane Sandy; OPERATION AND MAINTENANCE, ARMY (4) $56,800,000 for mapping, charting, dam- SALARIES AND EXPENSES For an additional amount for ‘‘Operation age assessment, and marine debris coordina- For an additional amount for ‘‘Bureau of and Maintenance, Army’’, $5,370,000, to re- tion and remediation; and Alcohol, Tobacco, Firearms and Explosives, main available until September 30, 2013, for

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8075 necessary expenses related to the con- damage reduction related natural disasters, tion of any projects using these funds shall sequences of Hurricane Sandy: Provided, $50,000,000 at full Federal expense, to remain be 90 percent Federal and 10 percent non- That such amount is designated by the Con- available until expended: Provided, That Federal exclusive of LERRDs: Provided fur- gress as being for an emergency requirement using $29,500,000 of the funds provided herein, ther, That the non-Federal cash contribution pursuant to section 251(b)(2)(A)(i) of the Bal- the Secretary shall expedite and complete for projects using these funds shall be fi- anced Budget and Emergency Deficit Control ongoing flood and storm damage reduction nanced in accordance with the provisions of Act of 1985. studies in areas that were impacted by Hur- section 103(k) of Public Law 99–662 over a pe- OPERATION AND MAINTENANCE, NAVY ricane Sandy in the North Atlantic Division riod of 30 years from the date of completion For an additional amount for ‘‘Operation of the U.S. Army Corps of Engineers: Pro- of the project or separable element: Provided and Maintenance, Navy’’, $40,015,000, to re- vided further, That using up to $20,000,000 of further, That for these projects, the provi- the funds provided herein, the Secretary sions of section 902 of the Water Resources main available until September 30, 2013, for shall support an interagency planning proc- Development Act of 1986 shall not apply to necessary expenses related to the con- ess in conjunction with State, local and these funds: Provided further, That the Sec- sequences of Hurricane Sandy: Provided, Tribal officials to develop plans to address retary may transfer up to $499,000,000 of the That such amount is designated by the Con- the flood risks of vulnerable coastal popu- funds provided under this heading to other gress as being for an emergency requirement lations, including innovative approaches to U.S. Army Corps of Engineers Accounts to pursuant to section 251(b)(2)(A)(i) of the Bal- promote the long-term sustainability of the address damages from previous natural dis- anced Budget and Emergency Deficit Control coastal ecosystems and communities to re- asters following normal policies and cost Act of 1985. duce the economic costs and risks associated sharing: Provided further, That the Commit- OPERATION AND MAINTENANCE, AIR FORCE with large-scale flood and storm events: Pro- tees on Appropriations of the House of Rep- For an additional amount for ‘‘Operation vided further, That using $500,000 of the funds resentatives and the Senate shall be notified and Maintenance, Air Force’’, $8,500,000, to provided herein, the Secretary shall conduct at least 15 days in advance of any such trans- remain available until September 30, 2013, for an evaluation of the performance of existing fer: Provided further, That up to $51,000,000 of necessary expenses related to the con- projects constructed by the U.S. Army Corps the funds provided under this heading shall sequences of Hurricane Sandy: Provided, of Engineers and impacted by Hurricane be used to expedite continuing authorities That such amount is designated by the Con- Sandy for the purposes of determining their projects along the coastal areas in States gress as being for an emergency requirement effectiveness and making recommendations impacted by Hurricane Sandy within the pursuant to section 251(b)(2)(A)(i) of the Bal- for improvements thereto: Provided further, boundaries of the North Atlantic Division: anced Budget and Emergency Deficit Control That as a part of the study, the Secretary Provided further, That $9,000,000 of the funds Act of 1985. shall identify institutional and other bar- provided under this heading shall be used for OPERATION AND MAINTENANCE, ARMY riers to providing comprehensive protection repairs to projects that were under construc- NATIONAL GUARD to affected coastal areas and shall provide tion and damaged by the impacts of Hurri- For an additional amount for ‘‘Operation this report to the Committees on Appropria- cane Sandy: Provided further, That any and Maintenance, Army National Guard’’, tions of the House of Representatives and projects using funds appropriated under this $3,165,000, to remain available until Sep- the Senate within 120 days of enactment of heading shall be initiated only after non- tember 30, 2013, for necessary expenses re- this Act: Provided further, That the amounts Federal interests have entered into binding lated to the consequences of Hurricane in this paragraph are designated by the Con- agreements with the Secretary requiring the Sandy: Provided, That such amount is des- gress as being for an emergency requirement non-Federal interests to pay 100 percent of ignated by the Congress as being for an pursuant to section 251(b)(2)(A)(i) of the Bal- the operation, maintenance, repair, replace- emergency requirement pursuant to section anced Budget and Emergency Deficit Control ment, and rehabilitation costs of the project 251(b)(2)(A)(i) of the Balanced Budget and Act of 1985: Provided further, That the Assist- and to hold and save the United States free Emergency Deficit Control Act of 1985. ant Secretary of the Army for Civil Works from damages due to the construction or op- eration and maintenance of the project, ex- OPERATION AND MAINTENANCE, AIR NATIONAL shall provide a monthly report to the Com- cept for damages due to the fault or neg- GUARD mittees on Appropriations of the House of Representatives and the Senate detailing the ligence of the United States or its contrac- For an additional amount for ‘‘Operation allocation and obligation of these funds, be- tors: Provided further, That the amounts in and Maintenance, Air National Guard’’, ginning not later than 60 days after enact- this paragraph are designated by the Con- $5,775,000, to remain available until Sep- ment of this Act. gress as being for an emergency requirement tember 30, 2013, for necessary expenses re- CONSTRUCTION pursuant section 251(b)(2)(A)(i) of the Bal- lated to the consequences of Hurricane anced Budget and Emergency Deficit Control (INCLUDING TRANSFER OF FUNDS) Sandy: Provided, That such amount is des- Act of 1985: Provided further, That the Assist- ignated by the Congress as being for an For an additional amount for ‘‘Construc- ant Secretary of the Army for Civil Works emergency requirement pursuant to section tion’’ to rehabilitate, repair and construct shall submit to the Committees on Appro- 251(b)(2)(A)(i) of the Balanced Budget and U.S. Army Corps of Engineers projects re- priations of the House of Representatives Emergency Deficit Control Act of 1985. lated to the consequences of natural disas- and the Senate a monthly report detailing PROCUREMENT ters, $3,461,000,000, to remain available until the allocation and obligation of these funds, expended: Provided, That $2,902,000,000 of the PROCUREMENT OF AMMUNITION, ARMY beginning not later than 60 days after the funds provided under this heading shall be For an additional amount for ‘‘Procure- date of the enactment of this Act. used to reduce future flood risk in ways that ment of Ammunition, Army’’, $1,310,000, to OPERATION AND MAINTENANCE will support the long-term sustainability of remain available until September 30, 2015, for the coastal ecosystem and communities and For an additional amount for ‘‘Operation necessary expenses related to the con- reduce the economic costs and risks associ- and Maintenance’’, $821,000,000, to remain sequences of Hurricane Sandy: Provided, ated with large-scale flood and storm events available until expended to dredge Federal That such amount is designated by the Con- in areas along the Atlantic Coast within the navigation channels and repair damage to gress as being for an emergency requirement boundaries of the North Atlantic Division of Corps projects nationwide related to natural pursuant to section 251(b)(2)(A)(i) of the Bal- the Corps that was affected by Hurricane disasters: Provided, That such amount is des- anced Budget and Emergency Deficit Control Sandy: Provided further, That efforts using ignated by the Congress as being for an Act of 1985. these funds shall incorporate current science emergency requirement pursuant section REVOLVING AND MANAGEMENT FUNDS and engineering standards in constructing 251(b)(2)(A)(i) of the Balanced Budget and DEFENSE WORKING CAPITAL FUNDS previously authorized Corps projects de- Emergency Deficit Control Act of 1985: Pro- For an additional amount for ‘‘Defense signed to reduce flood and storm damage vided further, That the Assistant Secretary of Working Capital Funds’’, $24,200,000, to re- risks and modifying existing Corps projects the Army for Civil Works shall provide a main available until September 30, 2013, for that do not meet these standards, with such monthly report to the Committees on Appro- necessary expenses related to the con- modifications as the Secretary determines priations of the House of Representatives sequences of Hurricane Sandy: Provided, are necessary to incorporate these standards and the Senate detailing the allocation and That such amount is designated by the Con- or to meet the goal of providing sustainable obligation of these funds, beginning not later gress as being for an emergency requirement reduction to flooding and storm damage than 60 days after enactment of this Act. pursuant to section 251(b)(2)(A)(i) of the Bal- risks: Provided further, That any project that FLOOD CONTROL AND COASTAL EMERGENCIES anced Budget and Emergency Deficit Control is under study by the Corps for reducing For an additional amount for ‘‘Flood Con- Act of 1985. flooding and storm damage risks and that trol and Coastal Emergencies’’, $1,008,000,000, TITLE IV the Corps studies demonstrate will cost-ef- to remain available until expended to pre- DEPARTMENT OF DEFENSE—CIVIL fectively reduce those risks is hereby author- pare for flood, hurricane, and other natural ized: Provided further, That local interests disasters and support emergency operations, DEPARTMENT OF THE ARMY shall provide all lands, easements, rights-of- repairs and other activities in response to CORPS OF ENGINEERS—CIVIL way, relocations and disposal areas flood, hurricanes or other natural disasters INVESTIGATIONS (LERRDs) necessary for projects using these as authorized by law: Provided, That For an additional amount for ‘‘Investiga- funds at no cost to the Government: Provided $430,000,000 of the funds provided herein shall tions’’ to expedite studies of flood and storm further, That cost sharing for implementa- be utilized by the Corps to restore projects

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8076 CONGRESSIONAL RECORD — SENATE December 17, 2012 impacted by Hurricane Sandy in the North mentation: Provided further, That the Admin- damage to or destruction of the property of, Atlantic Division of the U.S. Army Corps of istrator of the Small Business Administra- or economic injury to, a small business con- Engineers to design profiles of the author- tion shall waive the matching requirements cern, shall not require the owner of the small ized projects: Provided further, That the pro- under section 21(a)(4)(A) and 29(c) of the business concern to use the primary resi- visions of section 902 of the Water Resources Small Business Act for any grant made using dence of the owner as collateral if the Ad- Development Act of 1986 shall not apply to funds made available under this heading: ministrator determines that the owner has funds provided under this heading: Provided Provided further, That in designing appro- other assets with a value equal to or greater further, That the amounts in this paragraph priate economic development initiatives and than the amount of the loan that could be are designated by the Congress as being for identifying those regions and industries used as collateral for the loan: Provided fur- an emergency requirement pursuant section most affected by Hurricane Sandy, the SBA ther, That nothing in the preceding proviso 251(b)(2)(A)(i) of the Balanced Budget and shall work with other Federal agencies, may be construed to reduce the amount of Emergency Deficit Control Act of 1985: Pro- State and local economic development enti- collateral required by the Administrator in vided further, That the Assistant Secretary of ties, institutions of higher learning, and pri- connection with a loan described in the pre- the Army for Civil Works shall provide a vate sector partners: Provided further, That ceding proviso or to modify the standards monthly report to the Committees on Appro- grants or cooperative agreements for public- used to evaluate the quality (rather than the priations of the House of Representatives private partnerships may be awarded to pub- type) of such collateral’’. and the Senate detailing the allocation and lic or private nonprofit organizations, or any TITLE VI obligation of these funds, beginning not later combination thereof: Provided further, That DEPARTMENT OF HOMELAND SECURITY than 60 days after enactment of this Act. no later than 30 days after the date of enact- U.S. CUSTOMS AND BORDER PROTECTION EXPENSES ment of this Act, or no less than 7 days prior SALARIES AND EXPENSES For an additional amount for ‘‘Expenses’’ to obligation of funds, whichever occurs ear- for increased efforts to oversee emergency lier, the SBA shall submit to the Commit- For an additional amount for ‘‘Salaries response and recovery activities related to tees on Appropriations of the House of Rep- and Expenses’’ for necessary expenses related natural disasters, $10,000,000, to remain resentatives and the Senate a detailed ex- to the consequences of Hurricane Sandy, available until expended: Provided, That such penditure plan for funds provided under this $1,667,000: Provided, That such amount is des- amount is designated by the Congress as heading: Provided further, That such amounts ignated by the Congress as being for an being for an emergency requirement pursu- are designated by the Congress as being for emergency requirement pursuant to section ant section 251(b)(2)(A)(i) of the Balanced an emergency requirement pursuant to sec- 251(b)(2)(A)(i) of the Balanced Budget and Budget and Emergency Deficit Control Act tion 251(b)(2)(A)(i) of the Balanced Budget Emergency Deficit Control Act of 1985: Pro- of 1985: Provided further, That the Assistant and Emergency Deficit Control Act of 1985. vided further, That a description of all prop- Secretary of the Army for Civil Works shall OFFICE OF INSPECTOR GENERAL erty to be replaced, with associated costs, provide a monthly report to the Committees For an additional amount for ‘‘Office of In- shall be submitted to the Committees on Ap- on Appropriations of the House of Represent- spector General’’ for necessary expenses re- propriations of the Senate and the House of atives and the Senate detailing the alloca- lated to the consequences of Hurricane Representatives no later than 90 days after tion and obligation of these funds, beginning Sandy and other disasters, $5,000,000, to re- the date of enactment of this Act. not later than 60 days after enactment of main available until expended: Provided, U.S. IMMIGRATION AND CUSTOMS this Act. That such amount is designated by the Con- ENFORCEMENT TITLE V gress as being for an emergency requirement SALARIES AND EXPENSES INDEPENDENT AGENCIES pursuant to section 251(b)(2)(A)(i) of the Bal- For an additional amount for ‘‘Salaries anced Budget and Emergency Deficit Control GENERAL SERVICES ADMINISTRATION and Expenses’’ for necessary expenses related Act of 1985. to the consequences of Hurricane Sandy, REAL PROPERTY ACTIVITIES DISASTER LOANS PROGRAM ACCOUNT $855,000: Provided, That such amount is des- FEDERAL BUILDINGS FUND (INCLUDING TRANSFER OF FUNDS) ignated by the Congress as being for an For an additional amount to be deposited For an additional amount for ‘‘Disaster emergency requirement pursuant to section in the ‘‘Federal Buildings Fund’’, $7,000,000, Loans Program Account’’ for the cost of di- 251(b)(2)(A)(i) of the Balanced Budget and to remain available until expended, notwith- rect loans authorized by section 7(b) of the Emergency Deficit Control Act of 1985: Pro- standing 40 U.S.C. 3307, for necessary ex- Small Business Act, for necessary expenses vided further, That a description of all prop- penses related to the consequences of Hurri- related to Hurricane Sandy and other disas- erty to be replaced, with associated costs, cane Sandy, including repair and alteration ters, $500,000,000, to remain available until shall be submitted to the Committees on Ap- of buildings under the custody and control of expended: Provided, That such costs, includ- propriations of the Senate and the House of the Administrator of General Services, and ing the cost of modifying such loans, shall be Representatives no later than 90 days after real property management and related ac- as defined in section 502 of the Congressional the date of enactment of this Act. tivities not otherwise provided for: Provided, Budget Act of 1974: Provided further, That in COAST GUARD That such amount is designated by the Con- addition, for administrative expenses to ACQUISITION, CONSTRUCTION, AND gress as being for an emergency requirement carry out the direct loan program authorized IMPROVEMENTS pursuant to section 251(b)(2)(A)(i) of the Bal- by section 7(b) of the Small Business Act in (INCLUDING TRANSFER OF FUNDS) anced Budget and Emergency Deficit Control response to Hurricane Sandy and other disas- Act of 1985. ters, $260,000,000, to remain available until For an additional amount for ‘‘Acquisition, SMALL BUSINESS ADMINISTRATION expended, of which $250,000,000 is for direct Construction, and Improvements’’ for nec- essary expenses related to the consequences SALARIES AND EXPENSES administrative expenses of loan making and servicing to carry out the direct loan pro- of Hurricane Sandy, $274,233,000, to remain For an additional amount for ‘‘Salaries available until September 30, 2017: Provided, and Expenses’’, $40,000,000, to remain avail- gram, which may be transferred to and merged with the appropriations for Salaries That such amount is designated by the Con- able until September 30, 2014, of which gress as being for an emergency requirement $20,000,000 is for grants to or cooperative and Expenses; and of which $10,000,000 is for indirect administrative expenses for the di- pursuant to section 251(b)(2)(A)(i) of the Bal- agreements with organizations to provide anced Budget and Emergency Deficit Control technical assistance related to disaster re- rect loan program, which may be transferred to and merged with the appropriations for Act of 1985: Provided further, That notwith- covery, response, and long-term resiliency to standing the transfer limitation contained in small businesses that are recovering from Salaries and Expenses: Provided further, That such amounts are designated by the Congress section 503 of division D of Public Law 112–74, Hurricane Sandy; and of which $20,000,000 is such funding may be transferred to other for grants or cooperative agreements for as being for an emergency requirement pur- suant to section 251(b)(2)(A)(i) of the Bal- Coast Guard appropriations after notifica- public-private partnerships to provide long- tion as required in accordance with such sec- term economic development assistance to in- anced Budget and Emergency Deficit Control Act of 1985. tion: Provided further, That a description all dustries and/or regions affected by Hurricane facilities and property to be reconstructed GENERAL PROVISIONS—THIS TITLE Sandy through economic development initia- and restored, with associated costs and time tives, including innovation clusters, industry SEC. 501. Section 411(a)(1) of the Small lines, shall be submitted to the Committees accelerators, supply-chain support, commer- Business Investment Act of 1958 (15 U.S.C. on Appropriations of the Senate and the cialization, and workforce development: Pro- 694b(a)(1)) is amended by striking ‘‘$2,000,000’’ House of Representatives no later than 90 vided, That the Small Business Administra- and inserting ‘‘$5,000,000’’. days after the date of enactment of this Act. tion (SBA) shall expedite the delivery of as- SEC. 502. Section 7(d)(6) of the Small Busi- UNITED STATES SECRET SERVICE sistance in disaster-affected areas by award- ness Act (15 U.S.C. 636(d)(6)) is amended by ing grants or cooperative agreements for inserting after ‘‘which are made under para- SALARIES AND EXPENSES technical assistance only to current recipi- graph (1) of subsection (b)’’ the following: ‘‘: For an additional amount for ‘‘Salaries ents of SBA grants or cooperative agree- Provided further, That the Administrator, in and Expenses’’ for necessary expenses related ments using a streamlined application proc- obtaining the best available collateral for a to the consequences of Hurricane Sandy, ess that relies, to the maximum extent prac- loan of not more than $200,000 under para- $300,000: Provided, That such amount is des- ticable, upon previously submitted docu- graph (1) or (2) of subsection (b) relating to ignated by the Congress as being for an

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8077 emergency requirement pursuant to section ment pursuant to section 251(b)(2)(A)(i) of prove the construction of a permanent flood 251(b)(2)(A)(i) of the Balanced Budget and the Balanced Budget and Emergency Deficit risk reduction levee by a State, local, or Emergency Deficit Control Act of 1985: Pro- Control Act of 1985. tribal government participating in the Na- vided further, That a description of all prop- GENERAL PROVISIONS—THIS TITLE tional Flood Insurance Program on land ac- erty to be replaced, with associated costs, quired under section 404(b) of the Robert T. SEC. 601. (a) Section 1309(a) of the National Stafford Disaster Relief and Emergency As- shall be submitted to the Committees on Ap- Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) sistance Act (42 U.S.C. 5170c(b)) before, on or propriations of the Senate and the House of is amended by striking ‘‘$20,725,000,000’’ and after the date of enactment of this Act and Representatives no later than 90 days after inserting ‘‘$30,425,000,000’’. in a Midwest state that received a Major Dis- the date of enactment of this Act. (b) The amount provided by this section is aster Declaration for flooding in 2011 if the FEDERAL EMERGENCY MANAGEMENT AGENCY designated by the Congress as an emergency Administrator and the Chief of Engineers de- DISASTER RELIEF FUND requirement pursuant to section termines that such levee— 251(b)(2)(A)(i) of the Balanced Budget and (INCLUDING TRANSFER OF FUNDS) (1) would more effectively mitigate against Emergency Deficit Control Act of 1985 and as For an additional amount for the ‘‘Disaster flooding; an emergency requirement pursuant to sec- Relief Fund’’ in carrying out the Robert T. (2) be in compliance with Federal, State, tion 4(g) of the Statutory Pay-As-You-Go Stafford Disaster Relief and Emergency As- and local requirements; and Act of 2010. sistance Act (42 U.S.C. 5121 et seq.), (3) be maintained under an adequate State, (c) EFFECTIVE DATE.—The amendment $11,487,735,000, to remain available until ex- local, or tribal government plan that docu- made by subsection (a) shall be considered to pended: Provided, That of the total amount ments the procedures to be used to ensure have taken effect on December 12, 2012. provided, $5,379,000,000 shall be for major dis- that the stability, height, and overall integ- SEC. 602. The Administrator of the Federal asters declared pursuant to the Robert T. rity of the proposed levee and the structure Emergency Management Agency, in coopera- Stafford Disaster Relief and Emergency As- and systems of the proposed levee are main- tion with representatives of State, tribal, sistance Act (42 U.S.C. 5121 et seq.): Provided tained, including detailing the plan for fi- and local governments may give greater further, That the amount in the previous pro- nancing the maintenance of the levee, and weight to the factors considered under sec- viso is designated by the Congress as being shall submit an annual certification of com- tion 206.48(b)(3) of title 44, Code of Federal for disaster relief pursuant to section pliance to the Administrator and the Chief of Regulations, to accurately measure the 251(b)(2)(D) of the Balanced Budget and Engineers. acute needs of a population following a dis- Emergency Deficit Control Act of 1985: Pro- SEC. 607. The Administrator of the Federal vided further, That of the total amount pro- aster in order to expedite a declaration of In- Emergency Management Agency shall cancel vided, $6,108,735,000 is designated by the Con- dividual Assistance under the Robert T. the liquidated balances of all remaining gress as being for an emergency requirement Stafford Disaster Relief and Emergency As- uncancelled or partially cancelled loans dis- pursuant to section 251(b)(2)(A)(i) of the Bal- sistance Act (42 U.S.C. 5121 et seq.). bursed under the Community Disaster Loan anced Budget and Emergency Deficit Control SEC. 603. For determinations regarding Act of 2005 (Public Law 109–88) and the Emer- Act of 1985 which shall be for major disasters compliance with codes and standards under gency Supplemental Appropriations Act for declared pursuant to the Robert T. Stafford the Federal Emergency Management Agency Defense, the Global War on Terror, and Hur- Disaster Relief and Emergency Assistance Public Assistance program (42 U.S.C. 5172), ricane Recovery, 2006 (Public Law 109–234), as Act (42 U.S.C. 5121 et seq.): Provided further, the Administrator of the Federal Emergency amended by section 4502 of the U.S. Troop That of the total amount provided, $3,000,000 Management Agency, for major disasters de- Readiness, Veterans’ Care, Katrina Recov- shall be transferred to the Department of clared on or after August 27, 2011, shall con- ery, and Iraq’s Accountability Appropria- Homeland Security ‘‘Office of Inspector Gen- sider eligible the costs required to comply tions Act, 2007 (Public Law 110–28) to the ex- eral’’ for audits and investigations related to with a State’s Stream Alteration General tent that revenues of the local government disasters. Permit process, including any design stand- during the period following the major dis- ards required to be met as a condition of per- DISASTER ASSISTANCE DIRECT LOAN PROGRAM aster are insufficient to meet the budget of mit issuance. the local government, including additional ACCOUNT SEC. 604. Notwithstanding any other provi- disaster-related expenses of a municipal For an additional amount for the cost of sion of law, the Administrator of the Federal character. In calculating a community’s rev- direct loans, $300,000,000, to remain available Emergency Management may recommend to enues while determining cancellation, the until expended, as authorized by section 417 the President an increase in the Federal cost Administrator shall exclude revenues for of the Robert T. Stafford Disaster Relief and share of the eligible cost of permanent work special districts and any other revenues that Emergency Assistance Act (42 U.S.C. 5184), of under section 406 and of emergency work are required by law to be disbursed to other which up to $4,000,000 is for administrative under section 403 and section 407 of the Rob- units of local government or used for specific expenses to carry out the direct loan pro- ert T. Stafford Disaster Relief and Emer- purposes more limited than the scope al- gram: Provided, That such costs, including gency Assistance Act (42 U.S.C. 5172) for lowed by the General Fund. In calculating a the cost of modifying such loans, shall be as damages resulting from Hurricane Sandy community’s expenses, the Administrator defined in section 502 of the Congressional without delay. shall include disaster-related capital ex- Budget Act of 1974: Provided further, That SEC. 605. For any major disaster declared penses for which the community has not these funds are available to subsidize gross between August 27, 2011, and December 5, been reimbursed by Federal or insurance pro- obligations for the principal amount of di- 2012, and any subsequent major disaster dec- ceeds, debt service expenses, and accrued but rect loans not to exceed $400,000,000: Provided laration resulting from Hurricane Sandy or unpaid uncompensated absences (vacation further, That these amounts are designated Tropical Storm Sandy of 2012, the Adminis- and sick pay). In calculating the operating by the Congress as an emergency require- trator of the Federal Emergency Manage- deficit of the local government, the Adminis- ment pursuant to section 251(b)(2)(A)(i) of ment Agency shall establish a Pilot Program trator shall also consider all interfund trans- the Balanced Budget and Emergency Deficit for the Relocation of State Facilities, under fers. When considering the period following Control Act of 1985. which the Administrator may fund under the disaster, the Administrator may consider SCIENCE AND TECHNOLOGY section 406 of the Robert T. Stafford Disaster a period of 3, 5, or 7 full fiscal years after the RESEARCH, DEVELOPMENT, ACQUISITION, AND Relief and Emergency Assistance Act (42 disaster, beginning on the date of the dec- OPERATIONS U.S.C. 5172), the permanent relocation of sig- laration, in determining eligibility for can- For an additional amount for ‘‘Research, nificantly disaster damaged State facilities cellation. The criteria for cancellation do Development, Acquisition, and Operations’’ subject to flood risk, including administra- not apply to those loans already cancelled in for necessary expenses related to the con- tive office buildings, medical facilities, lab- full. Applicants shall submit supplemental sequences of Hurricane Sandy, $3,249,000, to oratories, and related operating infrastruc- documentation in support of their applica- remain available until September 30, 2017: ture (heat, sewage, mechanical, electrical, tions for cancellation on or before April 30, 2014, and the Administrator shall issue deter- Provided, That such amount is designated by and plumbing), that are otherwise eligible the Congress as being for an emergency re- for repair, restoration, reconstruction, or re- minations and resolve any appeals on or be- quirement pursuant to section 251(b)(2)(A)(i) placement under section 406 of that Act, if fore April 30, 2015. Loans not cancelled in full of the Balanced Budget and Emergency Def- the Administrator determines that such re- shall be repaid not later than September 30, icit Control Act of 1985. location is practicable, and will be cost effec- 2035. The Administrator may use funds pro- tive or more appropriate than repairing, re- vided under Public Law 109–88 to reimburse DOMESTIC NUCLEAR DETECTION OFFICE storing, reconstructing, or replacing the fa- those communities that have repaid all or a SYSTEMS ACQUISITION cility in its pre-disaster location, and if such portion of loans, including interest, provided For an additional amount for ‘‘Systems relocation will effectively mitigate the flood as Special Community Disaster Loans under Acquisition’’ for necessary expenses related risk to the facility. The Administrator may Public Law 109–88 or Public Law 109–234, as to the consequences of Hurricane Sandy for waive such regulations as the Administrator amended by section 4502 of Public Law 110– replacing or repairing U.S. Customs and Bor- determines necessary to carry out the Pilot 28. Further, the Administrator may use der Protection equipment, $3,869,000, to re- Program established under this section. funds provided under Public Law 109–88 for main available until September 30, 2015: Pro- SEC. 606. Notwithstanding any other provi- necessary expenses to carry out this provi- vided, That such amount is designated by the sion of law, the Administrator of the Federal sion: Provided, That the entire amount is Congress as being for an emergency require- Emergency Management Agency shall ap- designated by the Congress as an emergency

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8078 CONGRESSIONAL RECORD — SENATE December 17, 2012 requirement pursuant to section (B) a major disaster or emergency declared ‘‘(D) if the actual costs of a project com- 251(b)(2)(A)(i) of the Balanced Budget and before the date of enactment of this Act for pleted under the procedures are less than the Emergency Deficit Control Act of 1985. which the period for processing requests for estimated costs thereof, the Administrator SEC. 608. The Inspector General shall re- assistance has not ended on the date of en- may permit a grantee or subgrantee to use view the applications for public assistance actment of this Act. all or part of the excess funds for purposes provided through the Disaster Relief Fund (c) PUBLIC ASSISTANCE PROGRAM ALTER- of— with a project cost that exceeds $10,000,000 NATIVE PROCEDURES.—Title IV of the Robert ‘‘(i) cost-effective activities that reduce and the resulting decisions issued by the T. Stafford Disaster Relief and Emergency the risk of future damage, hardship, or suf- Federal Emergency Management Agency for Assistance Act (42 U.S.C. 5170 et seq.) is fering from a major disaster; and category A debris removal for DR–1786 upon amended— ‘‘(ii) other activities to improve future receipt of a request from an applicant made (1) by redesignating section 425 (42 U.S.C. Public Assistance operations or planning; no earlier than 90 days after filing an appeal 5189e) relating to essential service providers, ‘‘(E) in determining eligible cost under sec- with the Federal Emergency Management as added by section 607 of the SAFE Port Act tion 406, the Administrator shall make avail- Agency without regard to whether the Ad- (Public Law 109–347; 120 Stat. 1941) as section able, at an applicant’s request and where the ministrator of the Federal Emergency Man- 427; and Federal Emergency Management Agency or agement Agency has issued a final agency (2) by adding at the end the following: the certified cost estimate prepared by the determination on the application for assist- ‘‘SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTER- applicant’s professionally licensed engineers ance: Provided, That not later than 180 days NATIVE PROCEDURES. has estimated an eligible Federal share for a after the date of such request, the Inspector ‘‘(a) IN GENERAL.—The Administrator of project of not less than $5,000,000, an inde- the Federal Emergency Management Agency General shall determine whether the Federal pendent expert panel to validate the esti- may approve projects under the alternative Emergency Management Agency correctly mated eligible cost consistent with applica- procedures adopted under this section for— applied its rules and regulations to deter- ble regulations and policies implementing ‘‘(1) any major disaster or emergency de- mine eligibility of the applicant’s claim: Pro- this section; clared on or after the date of enactment of vided further, That if the Inspector General ‘‘(F) in determining eligible cost under sec- this section; and finds that the Federal Emergency Manage- tion 406, the Administrator shall, at the ap- ‘‘(2) any project relating to a major dis- ment Agency determinations related to eli- plicant’s request, consider properly con- aster or emergency declared before the date gibility and cost involved a misapplication of enactment of this section for which con- ducted and certified cost estimates prepared of its rules and regulations, the applicant struction has not begun on the date of enact- by professionally licensed engineers (mutu- may submit the dispute to the arbitration ment of this section. ally agreed upon by the Administrator and process established under the authority ‘‘(b) ADOPTION.—The Administrator, in co- the applicant), to the extent that such esti- granted under section 601 of Public Law 111– ordination with States, tribal, and local gov- mates comply with applicable regulation, 5 not later than 15 days after the date of ernments, and owners or operators of private policy, and guidance; and issuance of the Inspector General’s finding in nonprofit facilities, may adopt alternative ‘‘(2) for debris removal under sections the previous proviso: Provided further, That if procedures to administer assistance provided 403(a)(3)(A), 407, and 502(a)(5)— the Inspector General finds that the Federal under sections 403(a)(3)(A), 406, 407, and ‘‘(A) making grants on the basis of fixed Emergency Management Agency provided 502(a)(5). estimates to provide financial incentives and unauthorized funding, that the Federal ‘‘(c) GOALS.—Any procedures adopted disincentives for the timely or cost effective Emergency Management Agency shall take under subsection (b) shall further the goals completion if the State, tribal, or local gov- corrective action. of— ernment, or owner or operator of the private DISASTER RECOVERY ‘‘(1) reducing the costs to the Federal Gov- nonprofit facility agrees to be responsible to ernment of providing such assistance; SEC. 609. (a) SHORT TITLE.—This section pay for any actual costs that exceed the esti- may be cited as the ‘‘Disaster Recovery Act ‘‘(2) increasing flexibility in the adminis- mate; of 2012’’. tration of such assistance; ‘‘(B) using a sliding scale for the Federal ‘‘(3) expediting the provision of such assist- (b) HAZARD MITIGATION.— share for removal of debris and wreckage ance to States, tribal, and local governments (1) IN GENERAL.—Section 404 of the Robert based on the time it takes to complete debris T. Stafford Disaster Relief and Emergency and to owners or operators of private non- and wreckage removal; Assistance Act (42 U.S.C. 5170c) is amended profit facilities; and ‘‘(C) allowing use of program income from by adding at the end the following: ‘‘(4) providing financial incentives and dis- recycled debris without offset to the grant incentives for the State, tribal, or local gov- ‘‘(d) STREAMLINED PROCEDURES.—For pur- amount; poses of providing assistance under this sec- ernment, or owner or operator of a private ‘‘(D) reimbursing base and overtime wages tion, the President may establish stream- nonprofit facility for the timely and cost-ef- for employees and extra hires of a State, lined procedures, including procedures for fective completion of projects with such as- tribal, or local government, or owner or op- sistance. consideration of multiple structures as a erator of a private nonprofit facility per- ‘‘(d) VOLUNTARY PARTICIPATION.—Partici- forming or administering debris and wreck- group and for an analysis of the environ- pation in alternative procedures adopted mental impacts, impacts to historic prop- age removal; under this section shall be at the election of ‘‘(E) providing incentives to State, tribal, erties, cost-effectiveness, and fulfillment of a State, tribal, or local government, or cost-share requirements for proposed hazard and local governments to have a debris man- owner or operator of a private nonprofit fa- agement plan approved by the Federal Emer- mitigation measures. cility consistent with procedures determined ‘‘(e) ADVANCE ASSISTANCE.—The President gency Management Agency and have pre- by the Administrator. qualified one or more debris and wreckage may provide not more than 25 percent of the ‘‘(e) REQUIREMENTS FOR PROCEDURES.—The removal contractors before the date of dec- amount of the estimated cost of hazard miti- alternative procedures adopted under sub- gation measures to a State grantee eligible section (b) shall include— laration of the major disaster; and for a grant under this section before eligible ‘‘(1) for repair, restoration, and replace- ‘‘(F) if the actual costs of projects under costs are incurred.’’. ment of damaged facilities under section subparagraph (A) are less than the estimated (2) ESTABLISHMENT OF CRITERIA RELATING 406— costs of the project, the Administrator may TO ADMINISTRATION OF HAZARD MITIGATION AS- ‘‘(A) making grants on the basis of fixed permit a grantee or subgrantee to use all or SISTANCE BY STATES.—Section 404(c)(2) of the estimates, if the State, tribal, or local gov- part of the excess funds for— Robert T. Stafford Disaster Relief and Emer- ernment, or owner or operator of the private ‘‘(i) debris management planning; gency Assistance Act (42 U.S.C. 5170c(c)(2)) is nonprofit facility agrees to be responsible for ‘‘(ii) acquisition of debris management amended by inserting ‘‘Until such time as any actual costs that exceed the estimate; equipment for current or future use; and the Administrator promulgates regulations ‘‘(B) providing an option for a State, tribal, ‘‘(iii) other activities to improve future de- to implement this paragraph, the Adminis- or local government, or owner or operator of bris removal operations, as determined by trator may waive notice and comment rule- a private nonprofit facility to elect to re- the Administrator. making if the Administrator determines ceive an in-lieu contribution, without reduc- ‘‘(f) WAIVER AUTHORITY.—Until such time doing so is necessary to expeditiously imple- tion, on the basis of estimates of— as the Administrator promulgates regula- ment this section and may carry out the al- ‘‘(i) the cost of repair, restoration, recon- tions to implement this section, the Admin- ternative procedures under this section as a struction, or replacement of a public facility istrator may waive such regulations or rules pilot program’’ after ‘‘applications sub- owned or controlled by the State, tribal, or as the Administrator determines are nec- mitted under paragraph (1).’’. local government or the owner or operator of essary to carry out the alternative proce- (3) APPLICABILITY.—The authority under a private nonprofit facility; and dures under this section as a pilot program. the amendments made by this subsection ‘‘(ii) management expenses; ‘‘(g) REIMBURSEMENT.—The guidelines for shall apply for— ‘‘(C) consolidating, to the extent deter- reimbursement for costs under subsection (A) any major disaster or emergency de- mined appropriate by the Administrator, the (e)(2)(D) shall assure that no State, tribal, or clared under the Robert T. Stafford Disaster facilities of a State, tribal, or local govern- local government is denied reimbursement Relief and Emergency Assistance Act (42 ment, or owner or operator of a private non- for overtime payments that are required pur- U.S.C. 5121 et seq.) on or after the date of en- profit facility as a single project based upon suant to the Fair Labor Standards Act of actment of this Act; and the estimates adopted under the procedures; 1938 (29 U.S.C. 201 et seq.).’’.

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(d) SIMPLIFIED PROCEDURES.—Section 422 of Disaster Recovery Act of 2012, and in con- cretion, or otherwise not in accordance with the Robert T. Stafford Disaster Relief and sultation with the Council on Environmental law; and Emergency Assistance Act (42 U.S.C. 5189) is Quality and the Advisory Council on Historic (IV) in the case of a finding of material amended— Preservation, the President shall establish fact adverse to the claimant made on first (1) by striking ‘‘If the Federal estimate’’ an expedited and unified interagency review appeal, only set aside or reverse such finding and inserting the following: process to ensure compliance with environ- if the finding is clearly erroneous; ‘‘(a) IN GENERAL.—If the Federal esti- mental and historic requirements under Fed- (v) require an independent review panel to mate’’; eral law relating to disaster recovery expeditiously issue a written decision for (2) by inserting ‘‘or, if the Administrator projects, in order to expedite the recovery any alternative dispute resolution under this has established a threshold under subsection process. subsection; and (b), the amount established under subsection ‘‘(b) CONTENTS.—The review process estab- (vi) direct that if an independent review (b)’’ after ‘‘$35,000’’ the first place it appears; lished under this section shall include mech- panel for any alternative dispute resolution (3) by inserting ‘‘or, if applicable, the anisms to expeditiously address delays that under this subsection determines that the amount established under subsection (b),’’ may occur during the recovery from a major basis upon which a party submits a request after ‘‘$35,000 amount’’; and disaster, and shall be updated as appro- for alternative dispute resolution is frivo- (4) by adding at the end the following: priate.’’. lous, the independent review panel shall di- ‘‘(b) THRESHOLD.— rect the party to pay the reasonable costs of (g) DISPUTE RESOLUTION PILOT PROGRAM.— ‘‘(1) REPORT.—Not later than 1 year after the Federal Emergency Management Agency (1) DEFINITIONS.—In this subsection— the date of enactment of the Disaster Recov- relating to the review by the independent re- (A) the term ‘‘Administrator’’ means the ery Act of 2012, the President, acting through view panel. Administrator of the Federal Emergency the Administrator of the Federal Emergency (D) FUNDS RECEIVED.—Any funds received Management Agency; and Management Agency (in this section referred by the Federal Emergency Management (B) the term ‘‘eligible assistance’’ means to as the ‘Administrator’), shall— Agency under the authority under this sub- assistance— ‘‘(A) complete an analysis to determine section shall be deposited to the credit of the (i) under section 403, 406, or 407 of the Rob- whether an increase in the threshold for eli- appropriation or appropriations available for ert T. Stafford Disaster Relief and Emer- gibility under subsection (a) is appropriate, the eligible assistance in dispute on the date gency Assistance Act (42 U.S.C. 5170b, 5172, which shall include consideration of cost-ef- on which the funds are received. 5173); fectiveness, speed of recovery, capacity of (3) SUNSET.—A request for review by an (ii) for which the legitimate amount in dis- grantees, past performance, and account- independent review panel under this sub- pute is not less than $1,000,000, which the Ad- ability measures; and section may not be made after December 31, ministrator shall adjust annually to reflect ‘‘(B) submit to the appropriate committees 2015. changes in the Consumer Price Index for all of the Congress (as defined in section 602 of (4) REPORT.— Urban Consumers published by the Depart- the Post-Katrina Emergency Management (A) IN GENERAL.—Not later than 270 days ment of Labor; and Reform Act of 2006 (6 U.S.C. 701)) a report re- after the termination of authority under this (iii) for which the applicant has a non-Fed- garding the analysis conducted under sub- subsection pursuant to paragraph (3), the eral share. paragraph (A). Comptroller General of the United States (2) PROCEDURES.— ‘‘(2) AMOUNT.—After the Administrator shall submit to the Committee on Homeland (A) IN GENERAL.—Not later than 180 days submits the report required under paragraph Security and Governmental Affairs of the after the date of enactment of this Act, and (1), the President shall direct the Adminis- Senate and the Committee on Transpor- in order to facilitate an efficient recovery trator to— tation and Infrastructure of the House of from major disasters, the Administrator ‘‘(A) immediately establish a threshold for Representatives a report analyzing the effec- shall establish procedures under which an eligibility under this section in an appro- tiveness of the program under this sub- applicant may request the use of alternative priate amount, without regard to chapter 5 section. dispute resolution, including arbitration by of title 5, United States Code; and (B) CONTENTS.—The report submitted an independent review panel, to resolve dis- ‘‘(B) adjust the threshold annually to re- under subparagraph (A) shall include— putes relating to eligible assistance. flect changes in the Consumer Price Index (i) a determination of the availability of (B) BINDING EFFECT.—A decision by an for all Urban Consumers published by the data required to complete the report; independent review panel under this sub- Department of Labor. (ii) an assessment of the effectiveness of section shall be binding upon the parties to ‘‘(3) REVIEW.—Not later than 3 years after the program under this subsection, including the dispute. the date on which the Administrator estab- an assessment of whether the program expe- (C) CONSIDERATIONS.—The procedures es- lishes a threshold under paragraph (2), and dited or delayed the disaster recovery proc- tablished under this subsection shall— every 3 years thereafter, the President, act- ess; (i) allow a party of a dispute relating to el- ing through the Administrator, shall review (iii) an assessment of whether the program igible assistance to request an independent the threshold for eligibility under this sec- increased or decreased costs to administer review panel for the review; tion.’’. section 403, 406, or 407 of the Robert T. Staf- (ii) require a party requesting an inde- (e) ESSENTIAL ASSISTANCE.—Section 403 of ford Disaster Relief and Emergency Assist- pendent review panel as described in clause the Robert T. Stafford Disaster Relief and ance Act; (i) to agree to forego rights to any further Emergency Assistance Act (42 U.S.C. 5170b) (iv) an assessment of the procedures and appeal of the dispute relating to any eligible is amended by adding at the end the fol- safeguards that the independent review pan- assistance; lowing: els established to ensure objectivity and ac- (iii) require that the sponsor of an inde- ‘‘(d) SALARIES AND BENEFITS.— curacy, and the extent to which they fol- pendent review panel for any alternative dis- ‘‘(1) IN GENERAL.—The President may reim- lowed those procedures and safeguards; pute resolution under this subsection shall burse a State, tribal, or local government for (v) a recommendation as to whether any be— costs relating to pay and benefits (including aspect of the program under this subsection (I) an individual or entity unaffiliated with overtime and hazardous duty pay) for perma- should be made a permanent authority; and the dispute (which may include a Federal nent employees of the State, tribal, or local (vi) recommendations for any modifica- agency, an administrative law judge, or a re- government conducting emergency protec- tions to the authority or the administration employed annuitant who was an employee of tive measures under this section, provided of the authority under this subsection in the Federal Government) selected by the Ad- such work is not typically performed by such order to improve the disaster recovery proc- ministrator; and employees and the type of work may other- ess. (II) responsible for identifying and main- wise be carried out by contract or agreement (h) INDIVIDUAL ASSISTANCE FACTORS.—In with private organizations, firms, or individ- taining an adequate number of independent order to provide more objective criteria for uals. experts qualified to review and resolve dis- evaluating the need for assistance to individ- ‘‘(2) OVERTIME.—The guidelines for reim- putes under this subsection; uals and to speed a declaration of a major bursement for costs under paragraph (1) shall (iv) require an independent review panel disaster or emergency under the Robert T. assure that no State, tribal, or local govern- to— Stafford Disaster Relief and Emergency As- ment is denied reimbursement for overtime (I) resolve any remaining disputed issue in sistance Act (42 U.S.C. 5121 et seq.), not later payments that are required pursuant to the accordance with all applicable laws, regula- than 1 year after the date of enactment of Fair Labor Standards Act of 1938 (29 U.S.C. tions, and Federal Emergency Management this Act, the Administrator of the Federal 201 et seq.).’’. Agency interpretations of those laws Emergency Management Agency, in coopera- (f) UNIFIED FEDERAL REVIEW.—Title IV of through its published policies and guidance; tion with representatives of State, tribal, the Robert T. Stafford Disaster Relief and (II) consider only evidence contained in the and local emergency management agencies, Emergency Assistance Act, as amended by administrative record, as it existed at the shall review, update, and revise through subsection (c), is amended by adding at the time at which the Federal Emergency Man- rulemaking the factors considered under sec- end the following: agement Agency made its initial decision; tion 206.48 of title 44, Code of Federal Regula- ‘‘SEC. 429. UNIFIED FEDERAL REVIEW. (III) only set aside a decision of the Fed- tions (including section 206.48(b)(2) of such ‘‘(a) IN GENERAL.—Not later than 18 eral Emergency Management Agency found title relating to trauma and the specific con- months after the date of enactment of the to be arbitrary, capricious, an abuse of dis- ditions or losses that contribute to trauma),

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8080 CONGRESSIONAL RECORD — SENATE December 17, 2012 to measure the severity, magnitude, and im- subsection (a) if the President does not make ments or officials and any reference to a pact of a disaster. a declaration under this subsection for the ‘local government’ in sections 406(d)(3) and (i) CHILD CARE.—Section 408(e)(1) of the same incident. 417 shall be deemed to refer also to Indian Robert T. Stafford Disaster Relief and Emer- ‘‘(c) COST SHARE ADJUSTMENTS FOR INDIAN tribal governments and officials, as appro- gency Assistance Act (42 U.S.C. 5174(e)(1)) is TRIBAL GOVERNMENTS.— priate.’’. amended— ‘‘(1) IN GENERAL.—In providing assistance (5) REGULATIONS.— (1) in the paragraph heading, by inserting to an Indian tribal government under this (A) ISSUANCE.—The President shall issue ‘‘CHILD CARE,’’ after ‘‘DENTAL,’’; and Act, the President may waive or adjust any regulations to carry out the amendments (2) by inserting ‘‘child care,’’ after ‘‘den- payment of a non-Federal contribution with made by this subsection. tal,’’. respect to the assistance if— (B) FACTORS.—In issuing regulations under (j) TEMPORARY HOUSING.—Section ‘‘(A) the President has the authority to this paragraph, the President shall consider 408(c)(1)(B) of the Robert T. Stafford Disaster waive or adjust the payment under another the unique conditions that affect the general Relief and Emergency Assistance Act (42 provision of this Act; and welfare of Indian tribal governments. U.S.C. 5174(c)(1)(B)) is amended— ‘‘(B) the President determines that the (l) REPORT.—Not later than 90 days after (1) by redesignating clauses (ii) and (iii) as waiver or adjustment is necessary and appro- the date of enactment of this Act, the Chair clauses (iii) and (iv), respectively; priate. of the Hurricane Sandy Rebuilding Task (2) by inserting after clause (i) the fol- Force established by the President, in con- ‘‘(2) CRITERIA FOR MAKING DETERMINA- lowing: sultation with the Administrator of the Fed- TIONS.—The President shall establish criteria ‘‘(ii) LEASE AND REPAIR OF RENTAL UNITS for making determinations under paragraph eral Emergency Management Agency, the FOR TEMPORARY HOUSING.— Secretary of the Treasury, and others whom (1)(B).’’. ‘‘(I) IN GENERAL.—The President, to the ex- the Chair determines to be appropriate, shall (2) EMERGENCY REQUESTS.—Section 501 of tent it would be a cost effective alternative submit to the Committee on Appropriations the Robert T. Stafford Disaster Relief and to other temporary housing options, may— and the Committee on Homeland Security Emergency Assistance Act (42 U.S.C. 5191) is ‘‘(aa) enter into lease agreements with and Governmental Affairs of the Senate and amended by adding at the end the following: owners of multifamily rental property lo- the Committee on Appropriations and the ‘‘(c) INDIAN TRIBAL GOVERNMENT RE- cated in areas covered by a major disaster Committee on Transportation and Infra- QUESTS.— declaration to house individuals and house- structure of the House of Representatives a ‘‘(1) IN GENERAL.—The Chief Executive of holds eligible for assistance under this sec- report that includes a discussion of— an affected Indian tribal government may tion; and (1) the impacts of Hurricane Sandy on local submit a request for a declaration by the ‘‘(bb) make repairs or improvement to government budgets in States where a major President that an emergency exists con- properties under such lease agreements, to disaster has been declared, including reve- sistent with the requirements of subsection the extent necessary to serve as safe and nues from taxes, fees, and other sources, and (a). adequate temporary housing. expenses related to operations, debt obliga- ‘‘(2) REFERENCES.—In implementing assist- ‘‘(II) IMPROVEMENTS OR REPAIRS.—Under tions, and unreimbursed disaster-related ance authorized by the President under this the terms of any lease agreement for prop- costs; Act in response to a request of the Chief Ex- erty entered into under this subsection, the (2) the availability of loans from private ecutive of an affected Indian tribal govern- value of the improvements or repairs shall be sources to address such impacts, including ment for an emergency declaration, any ref- deducted from the value of the lease agree- information on interest rates, repayment erence in this Act, except sections 310 and ment; and may not exceed the value of the terms, securitization requirements, and the 326, to a State or the Governor of a State is lease agreement. ability of affected local governments to qual- deemed to refer to an affected Indian tribal ‘‘(III) PERIOD OF ASSISTANCE.—The Presi- ify for such loans; government or the Chief Executive of an af- dent may not provide direct assistance under (3) the availability of Federal resources to fected Indian tribal government, as appro- this clause with respect to a major disaster address the budgetary impacts of Hurricane priate. after the end of the 18-month period begin- Sandy upon local governments; ‘‘(3) SAVINGS PROVISION.—Nothing in this ning on the date of declaration of the major (4) the ability of the Community Disaster subsection shall prohibit an Indian tribal disaster by the President, except that the Loan program authorized under section 417 government from receiving assistance under President may extend that period if the of the Robert T. Stafford Disaster Relief and this Act through a declaration made by the President determines that due to extraor- Emergency Assistance Act (42 U.S.C. 5184) to President at the request of a State under dinary circumstances an extension would be effectively and expeditiously address budg- subsection (a) if the President does not make in the public interest.’’; and etary impacts of Hurricane Sandy and other a declaration under this subsection for the (3) in clause (iv), as so redesignated, by disasters upon local governments, includ- same incident.’’. striking ‘‘clause (ii)’’ and inserting ‘‘clause ing— (3) DEFINITIONS.—Section 102 of the Robert (iii)’’. (A) an assessment of the current statutory T. Stafford Disaster Relief and Emergency (k) TRIBAL REQUESTS FOR A MAJOR DIS- limits on loan amounts; Assistance Act (42 U.S.C. 5122) is amended— ASTER OR EMERGENCY DECLARATION UNDER (B) the regulations, policies, and proce- (A) in paragraph (7)(B) by striking ‘‘; and’’ THE STAFFORD ACT.— dures governing program mobilization to and inserting ‘‘, that is not an Indian tribal (1) MAJOR DISASTER REQUESTS.—Section 401 communities in need and expeditious proc- of the Robert T. Stafford Disaster Relief and government as defined in paragraph (6); essing of loan applications; Emergency Assistance Act (42 U.S.C. 5170) is and’’; (C) information on interest rates, repay- amended— (B) by redesignating paragraphs (6) ment terms, securitization requirements, (A) by striking ‘‘All requests for a declara- through (10) as paragraphs (7) through (11), and ability of affected local governments to respectively; tion’’ and inserting ‘‘(a) IN GENERAL.—All re- qualify for such loans; quests for a declaration’’; and (C) by inserting after paragraph (5) the fol- (D) criteria governing the cancellation of (B) by adding at the end the following: lowing: such loans, including appropriate classifica- ‘‘(b) INDIAN TRIBAL GOVERNMENT RE- ‘‘(6) INDIAN TRIBAL GOVERNMENT.—The term tion of available revenues and eligible ex- QUESTS.— ‘Indian tribal government’ means the gov- penses, and the consistency of program rules ‘‘(1) IN GENERAL.—The Chief Executive of erning body of any Indian or Alaska Native with customary local government budgetary an affected Indian tribal government may tribe, band, nation, pueblo, village, or com- practices and State or local laws that affect submit a request for a declaration by the munity that the Secretary of the Interior ac- the specific budgetary practices of local gov- President that a major disaster exists con- knowledges to exist as an Indian tribe under ernments affected by Hurricane Sandy and sistent with the requirements of subsection the Federally Recognized Indian Tribe List other disasters; (a). Act of 1994 (25 U.S.C. 479a et seq.).’’; and (E) repayment terms and timeframes on ‘‘(2) REFERENCES.—In implementing assist- (D) by adding at the end the following: loans that do not qualify for cancellation; ance authorized by the President under this ‘‘(12) CHIEF EXECUTIVE.—The term ‘Chief (F) options for Congressional consideration Act in response to a request of the Chief Ex- Executive’ means the person who is the related to legislative modifications of this ecutive of an affected Indian tribal govern- Chief, Chairman, Governor, President, or program, and any other applicable provisions ment for a major disaster declaration, any similar executive official of an Indian tribal of Federal law, in order to address the budg- reference in this Act, except sections 310 and government.’’. etary impacts of Hurricane Sandy and other 326, to a State or the Governor of a State is (4) REFERENCES.—Title I of the Robert T. disasters upon local governments; and deemed to refer to an affected Indian tribal Stafford Disaster Relief and Emergency As- (G) recommendations on steps the Federal government or the Chief Executive of an af- sistance Act (42 U.S.C. 5121 et seq.) is amend- Emergency Management Agency may take fected Indian tribal government, as appro- ed by adding after section 102 the following: in order to improve program administration, priate. ‘‘SEC. 103. REFERENCES. effectiveness, communications, and speed; ‘‘(3) SAVINGS PROVISION.—Nothing in this ‘‘Except as otherwise specifically provided, and subsection shall prohibit an Indian tribal any reference in this Act to ‘State and local’, (5) potential consequences of Federal ac- government from receiving assistance under ‘State or local’, ‘State, and local’, ‘State, or tion or inaction to address the budgetary im- this Act through a declaration made by the local’, or ‘State, local’ (including the plural pacts of Hurricane Sandy upon local govern- President at the request of a State under form of such terms) with respect to govern- ments.

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(m) APPLICABILITY.—Unless otherwise spec- parks, refuges, and other public assets; in- Provided further, That notwithstanding the ified, this section and the amendments made crease the resiliency and capacity of coastal requirements of section 603(d) of the Federal by this section shall apply for— habitat and infrastructure to withstand fu- Water Pollution Control Act, for the funds (1) any major disaster or emergency de- ture storms and reduce the amount of dam- appropriated herein, each State shall use not clared under the Robert T. Stafford Disaster age caused by such storms; protect natural less than 50 percent of the amount of its cap- Relief and Emergency Assistance Act (42 and cultural values; and assist State, tribal italization grants to provide additional sub- U.S.C. 5121 et seq.) on or after the date of en- and local governments: Provided further, sidization to eligible recipients in the form actment of this Act; and That the Secretary may transfer these funds of forgiveness of principal, negative interest (2) a major disaster or emergency declared to any other account in the Department and loans or grants or any combination of these: before the date of enactment of this Act for may expend such funds by direct expendi- Provided further, That the funds appropriated which the period for processing requests for ture, grants, or cooperative agreements, in- herein shall only be used for eligible projects assistance has not ended on the date of en- cluding grants to or cooperative agreements whose purpose is to reduce flood damage risk actment of this Act. with States, Tribes, and municipalities, to and vulnerability or to enhance resiliency to TITLE VII carry out the purposes provided herein: Pro- rapid hydrologic change or a natural disaster vided further, That the Secretary shall sub- at treatment works as defined by section 212 DEPARTMENT OF THE INTERIOR mit to the Committees on Appropriations of of the Federal Water Pollution Control Act FISH AND WILDLIFE SERVICE the House of Representatives and the Senate or any eligible facilities under section 1452 of CONSTRUCTION a detailed spending plan for the amounts the Safe Drinking Water Act, and for other For an additional amount for ‘‘Construc- provided herein within 60 days of enactment eligible tasks at such treatment works or fa- tion’’ for necessary expenses incurred to pre- of this Act: Provided further, That such cilities necessary to further such purposes: pare for, respond to, and recover from Hurri- amount is designated by the Congress as Provided further, That notwithstanding the cane Sandy, $78,000,000, to remain available being for an emergency requirement pursu- definition of treatment works in section 212 until expended: Provided, That such amount ant to section 251(b)(2)(A)(i) of the Balanced of the Federal Water Pollution Control Act, is designated by the Congress as being for an Budget and Emergency Deficit Control Act and subject to the purposes described herein, emergency requirement pursuant to section of 1985. the funds appropriated herein shall be avail- 251(b)(2)(A)(i) of the Balanced Budget and ENVIRONMENTAL PROTECTION AGENCY able for the purchase of land and easements necessary for the siting of eligible treatment Emergency Deficit Control Act of 1985. ENVIRONMENTAL PROGRAMS AND MANAGEMENT works projects: Provided further, That the NATIONAL PARK SERVICE For an additional amount for ‘‘Environ- Administrator may retain up to $1,000,000 of HISTORIC PRESERVATION FUND mental Programs and Management’’ for nec- the funds appropriated herein for manage- For an additional amount for the ‘‘Historic essary expenses related to the consequences ment and oversight of the requirements of Preservation Fund’’ for necessary expenses of Hurricane Sandy, $725,000, to remain avail- this section: Provided further, That such related to the consequences of Hurricane able until expended: Provided, That such amounts are designated by the Congress as Sandy, $50,000,000, to remain available until amount is designated by the Congress as being for an emergency requirement pursu- September 30, 2015, including costs to states being for an emergency requirement pursu- ant to section 251(b)(2)(A)(i) of the Balanced necessary to complete compliance activities ant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act required by section 106 of the National His- Budget and Emergency Deficit Control Act of 1985. of 1985. toric Preservation Act and costs needed to RELATED AGENCIES administer the program: Provided, That HAZARDOUS SUBSTANCE SUPERFUND DEPARTMENT OF AGRICULTURE grants shall only be available for areas that For an additional amount for ‘‘Hazardous FOREST SERVICE have received a major disaster declaration Substance Superfund’’ for necessary ex- pursuant to the Robert T. Stafford Disaster penses related to the consequences of Hurri- CAPITAL IMPROVEMENT AND MAINTENANCE Relief and Emergency Assistance Act (42 cane Sandy, $2,000,000, to remain available For an additional amount for ‘‘Capital Im- U.S.C. 5121 et seq.): Provided further, That in- until expended: Provided, That such amount provement and Maintenance’’ for necessary dividual grants shall not be subject to a non- is designated by the Congress as being for an expenses related to the consequences of Hur- Federal matching requirement: Provided fur- emergency requirement pursuant to section ricane Sandy, $4,400,000, to remain available ther, That such amount is designated by the 251(b)(2)(A)(i) of the Balanced Budget and until expended: Provided, That such amount Congress as being for an emergency require- Emergency Deficit Control Act of 1985. is designated by the Congress as being for an ment pursuant to section 251(b)(2)(A)(i) of emergency requirement pursuant to section LEAKING UNDERGROUND STORAGE TANK FUND the Balanced Budget and Emergency Deficit 251(b)(2)(A)(i) of the Balanced Budget and Control Act of 1985. For an additional amount for ‘‘Leaking Emergency Deficit Control Act of 1985. Underground Storage Tank Fund’’ for nec- CONSTRUCTION OTHER RELATED AGENCY essary expenses related to the consequences For an additional amount for ‘‘Construc- of Hurricane Sandy, $5,000,000, to remain SMITHSONIAN INSTITUTION tion’’ for necessary expenses incurred to pre- available until expended: Provided, That such SALARIES AND EXPENSES pare for, respond to, and recover from Hurri- amount is designated by the Congress as For an additional amount for ‘‘Salaries cane Sandy, $348,000,000, to remain available being for an emergency requirement pursu- and Expenses’’ for necessary expenses related until expended: Provided, That such amount ant to section 251(b)(2)(A)(i) of the Balanced to the consequences of Hurricane Sandy, is designated by the Congress as being for an Budget and Emergency Deficit Control Act $2,000,000, to remain available until ex- emergency requirement pursuant to section of 1985. pended: Provided, That such amount is des- 251(b)(2)(A)(i) of the Balanced Budget and STATE AND TRIBAL ASSISTANCE GRANTS ignated by the Congress as being for an Emergency Deficit Control Act of 1985. For an additional amount for ‘‘State and emergency requirement pursuant to section BUREAU OF SAFETY AND ENVIRONMENTAL Tribal Assistance Grants’’, $810,000,000, to re- 251(b)(2)(A)(i) of the Balanced Budget and ENFORCEMENT main available until expended, of which Emergency Deficit Control Act of 1985. OIL SPILL RESEARCH $700,000,000 shall be for capitalization grants TITLE VIII For an additional amount for ‘‘Oil Spill for the Clean Water State Revolving Funds DEPARTMENT OF LABOR Research’’ for necessary expenses related to under Title VI of the Federal Water Pollu- EMPLOYMENT AND TRAINING ADMINISTRATION the consequences of Hurricane Sandy, tion Control Act, and of which $110,000,000 TRAINING AND EMPLOYMENT SERVICES $3,000,000, to remain available until ex- shall be for capitalization grants under sec- pended: Provided, That such amount is des- tion 1452 of the Safe Drinking Water Act: (INCLUDING TRANSFER OF FUNDS) ignated by the Congress as being for an Provided, That notwithstanding section For an additional amount for ‘‘Training emergency requirement pursuant to section 604(a) of the Federal Water Pollution Control and Employment Services’’, $50,000,000, for 251(b)(2)(A)(i) of the Balanced Budget and Act and section 1452(a)(1)(D) of the Safe the dislocated workers assistance national Emergency Deficit Control Act of 1985. Drinking Water Act, funds appropriated reserve for necessary expenses resulting from DEPARTMENTAL OPERATIONS herein shall be provided to States that have Hurricane Sandy, which shall be available received a major disaster declaration pursu- from the date of enactment of this Act OFFICE OF THE SECRETARY ant to the Robert T. Stafford Disaster Relief through September 30, 2013: Provided, That (INCLUDING TRANSFER OF FUNDS) and Emergency Assistance Act (42 U.S.C. the Secretary of Labor may transfer up to For an additional amount for ‘‘Depart- 5121 et seq.) for Hurricane Sandy: Provided $3,500,000 of such funds to any other Depart- mental Operations’’ and any Department of further, That no eligible state shall receive ment of Labor account for other Hurricane the Interior component bureau or office for less than two percent of such funds: Provided Sandy reconstruction and recovery needs, in- necessary expenses related to the con- further, That funds appropriated herein shall cluding worker protection activities: Pro- sequences of Hurricane Sandy and for other not be subject to the matching or cost share vided further, That such amounts are des- activities related to storms and natural dis- requirements of sections 602(b)(2), 602(b)(3) or ignated by the Congress as being for an asters, $150,000,000, to remain available until 202 of the Federal Water Pollution Control emergency requirement pursuant to section expended: Provided, That funds appropriated Act nor the matching requirements of sec- 251(b)(2)(A)(i) of the Balanced Budget and herein shall be used to restore and rebuild tion 1452(e) of the Safe Drinking Water Act: Emergency Deficit Control Act of 1985.

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8082 CONGRESSIONAL RECORD — SENATE December 17, 2012 DEPARTMENT OF HEALTH AND HUMAN 30, 2014 for activities to assist affected Head erwise authorized by law: Provided further, SERVICES Start agencies, including technical assist- That such amount is designated by the Con- ADMINISTRATION FOR CHILDREN AND FAMILIES ance, costs of Head Start services (including gress as being for an emergency requirement supportive services for children and families, pursuant to section 251(b)(2)(A)(i) of the Bal- SOCIAL SERVICES BLOCK GRANT and provision of mental health services for anced Budget and Emergency Deficit Control For an additional amount for ‘‘Social Serv- children affected by Hurricane Sandy), and Act of 1985. ices Block Grant’’, $500,000,000, for necessary costs of renovating, repairing, or rebuilding DEPARTMENT OF VETERANS AFFAIRS expenses resulting from Hurricane Sandy in those Head Start facilities damaged as a re- States for which the President declared a sult of Hurricane Sandy: Provided further, VETERANS HEALTH ADMINISTRATION major disaster under title IV of the Robert That none of the funds appropriated in this MEDICAL SERVICES T. Stafford Disaster Relief and Emergency paragraph shall be included in the calcula- For an additional amount for ‘‘Medical Assistance Act, notwithstanding section 2003 tion of the ‘‘base grant’’ in subsequent fiscal Services’’, $21,000,000, to remain available and paragraphs (1) and (4) of section 2005(a) years, as such term is used in section until September 30, 2014, for necessary ex- of the Social Security Act: Provided, That, 640(a)(7)(A) of the Head Start Act: Provided penses related to the consequences of Hurri- notwithstanding section 2002 of the Social further, That none of the funds appropriated cane Sandy: Provided, That such amount is Security Act, the distribution of such in this paragraph shall be available for costs designated by the Congress as being for an amount shall be limited to States directly that are reimbursed by the Federal Emer- emergency requirement pursuant to section affected by these events: Provided further, gency Management Agency or by insurance: 251(b)(2)(A)(i) of the Balanced Budget and That section 2002(c) of the Social Security Provided further, That such amounts are des- Emergency Deficit Control Act of 1985. Act shall be applied to funds appropriated in ignated by the Congress as being for an MEDICAL FACILITIES this paragraph by substituting succeeding 2 emergency requirement pursuant to section fiscal years for succeeding fiscal year: Pro- 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Medical Fa- vided further, That funds appropriated in this Emergency Deficit Control Act of 1985. cilities’’, $6,000,000, to remain available until paragraph are in addition to the entitlement September 30, 2014, for necessary expenses re- OFFICE OF THE SECRETARY grants authorized by section 2002(a)(1) of the lated to the consequences of Hurricane Social Security Act and shall not be avail- PUBLIC HEALTH AND SOCIAL SERVICES Sandy: Provided, That such amount is des- able for such entitlement grants: Provided EMERGENCY FUND ignated by the Congress as being for an further, That in addition to other uses per- (INCLUDING TRANSFER OF FUNDS) emergency requirement pursuant to section mitted by title XX of the Social Security For an additional amount for ‘‘Public 251(b)(2)(A)(i) of the Balanced Budget and Act, funds appropriated in this paragraph Health and Social Services Emergency Emergency Deficit Control Act of 1985. may be used for health services (including Fund’’ for disaster response and recovery, NATIONAL CEMETERY ADMINISTRATION mental health services), and for costs of ren- and other expenses related to Hurricane For an additional amount for ‘‘National ovating, repairing, or rebuilding health care Sandy, and for other disaster-response ac- Cemetery Administration’’, $1,100,000, for facilities (including mental health facili- tivities, $200,000,000, to remain available necessary expenses related to the con- ties), child care facilities, or other social until expended: Provided, That these funds sequences of Hurricane Sandy: Provided, services facilities: Provided further, That not- may be transferred by the Secretary to ac- That such amount is designated by the Con- withstanding paragraphs (2) and (8) of sec- counts within the Department of Health and gress as being for an emergency requirement tion 2005(a) of the Social Security Act, a Human Services, and shall be available only pursuant to section 251(b)(2)(A)(i) of the Bal- State may use up to 10 percent of its allot- for the purposes provided in this paragraph: anced Budget and Emergency Deficit Control ment of funds appropriated in this paragraph Provided further, That the transfer authority Act of 1985. to supplement any other funds available for provided in this paragraph is in addition to DEPARTMENTAL ADMINISTRATION the following costs, subject to guidelines es- any other transfer authority available in tablished by the Secretary, for health care this or any other Act: Provided further, That INFORMATION TECHNOLOGY SYSTEMS providers (as defined by the Secretary): (a) obligations incurred for response activities For an additional amount for ‘‘Information payments to compensate employees of for Hurricane Sandy prior to the enactment Technology Systems’’, $500,000, for necessary health care providers for wages lost as a di- of this Act may be charged to this appropria- expenses related to the consequences of Hur- rect result of Hurricane Sandy, and (b) pay- tion: Provided further, That funds appro- ricane Sandy: Provided, That such amount is ments to support the viability of health care priated in this paragraph may be used for designated by the Congress as being for an providers with facilities that were substan- renovating, repairing, or rebuilding non-Fed- emergency requirement pursuant to section tially damaged as a direct result of Hurri- eral research facilities damaged as a result 251(b)(2)(A)(i) of the Balanced Budget and cane Sandy: Provided further, That funds ap- of Hurricane Sandy: Provided further, That Emergency Deficit Control Act of 1985. propriated in this paragraph are also avail- funds appropriated under this paragraph CONSTRUCTION, MAJOR PROJECTS able for costs incurred up to 3 days prior to shall not be available for costs that are eligi- Hurricane Sandy’s October 29, 2012, landfall, ble for reimbursement by the Federal Emer- For an additional amount for ‘‘Construc- subject to Federal review of documentation gency Management Agency or are covered by tion, Major Projects’’, $207,000,000 to remain of the cost of services provided: Provided fur- insurance: Provided further, That such available until expended, for renovations and ther, That none of the funds appropriated in amount is designated by the Congress as repairs to the Department of Veterans Af- this paragraph shall be available for costs being for an emergency requirement pursu- fairs Medical Center in Manhattan, New that are reimbursed by the Federal Emer- ant to section 251(b)(2)(A)(i) of the Balanced York, as a consequence of damage caused by gency Management Agency or insurance: Budget and Emergency Deficit Control Act Hurricane Sandy: Provided, That notwith- Provided further, That, with respect to the of 1985. standing any other provision of law, such Federal interest in real property acquired or funds may be obligated and expended to RELATED AGENCY on which construction or major renovation carry out planning and design and major of facilities (as such terms are defined in 45 SOCIAL SECURITY ADMINISTRATION medical facility construction not otherwise CFR 1309.3) is undertaken with these funds, LIMITATION ON ADMINISTRATIVE EXPENSES authorized by law: Provided further, That procedures equivalent to those specified in For an additional amount for ‘‘Limitation such amount is designated by the Congress Subpart C of 45 CFR Part 1309 shall apply: on Administrative Expenses’’, $2,000,000, for as being for an emergency requirement pur- Provided further, That such amount is des- necessary expenses resulting from Hurricane suant to section 251(b)(2)(A)(i) of the Bal- ignated by the Congress as being for an Sandy: Provided, That such amount is des- anced Budget and Emergency Deficit Control emergency requirement pursuant to section ignated by the Congress as being for an Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and emergency requirement pursuant to section TITLE X Emergency Deficit Control Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and DEPARTMENT OF TRANSPORTATION CHILDREN AND FAMILY SERVICES PROGRAMS Emergency Deficit Control Act of 1985. FEDERAL AVIATION ADMINISTRATION For an additional amount for ‘‘Children TITLE IX FACILITIES AND EQUIPMENT and Families Services Programs’’, DEPARTMENT OF DEFENSE $100,000,000, for making payments under the (AIRPORT AND AIRWAY TRUST FUND) MILITARY CONSTRUCTION Head Start Act in States for which the Presi- For an additional amount for ‘‘Facilities dent declared a major disaster under title IV MILITARY CONSTRUCTION, ARMY NATIONAL and equipment’’, $30,000,000, to be derived of the Robert T. Stafford Disaster Relief and GUARD from the Airport and Airway Trust Fund and Emergency Assistance Act as a result of For an additional amount for ‘‘Military to remain available until expended, for nec- Hurricane Sandy: Provided, That funds ap- Construction, Army National Guard’’, essary expenses related to the consequences propriated in this paragraph are not subject $24,200,000, to remain available until Sep- of Hurricane Sandy: Provided, That such to the allocation requirements of section tember 30, 2014, for necessary expenses re- amount is designated by the Congress as 640(a) or the matching requirements of sec- lated to the consequences of Hurricane being for an emergency requirement pursu- tion 640(b) of the Head Start Act: Provided Sandy: Provided, That such funds may be ob- ant to section 251(b)(2)(A)(i) of the Balanced further, That funds appropriated in this para- ligated or expended for planning and design Budget and Emergency Deficit Control Act graph shall be available through September and military construction projects not oth- of 1985.

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FEDERAL HIGHWAY ADMINISTRATION penses related to disaster relief, long-term the Secretary that good cause exists for the FEDERAL-AID HIGHWAYS recovery, restoration of infrastructure and waiver or alternative requirement and that housing, economic revitalization, and miti- such action is not inconsistent with the EMERGENCY RELIEF PROGRAM gation in the most impacted and distressed overall purposes of title I of the Housing and For an additional amount for the Emer- areas resulting from a major disaster de- Community Development Act of 1974 (42 gency Relief Program as authorized under clared pursuant to the Robert T. Stafford U.S.C. 5301 et seq.): Provided further, That section 125 of title 23, United States Code, Disaster Relief and Emergency Assistance notwithstanding the previous proviso, recipi- $921,000,000, to remain available until ex- Act (42 U.S.C. 5121 et seq.), due to Hurricane ents of funds provided under this heading pended: Provided, That such amount is des- Sandy, for activities authorized under title I that use such funds to match or supplement ignated by the Congress as being for an of the Housing and Community Development Federal assistance provided under sections emergency requirement pursuant to section Act of 1974 (42 U.S.C. 5301 et seq.), 402, 403, 406, 407, or 502 of the Robert T. Staf- 251(b)(2)(A)(i) of the Balanced Budget and $17,000,000,000, to remain available until ex- ford Disaster Relief and Emergency Assist- Emergency Deficit Control Act of 1985. pended, of which at least $2,000,000,000 shall ance Act (42 U.S.C. 5121 et seq.) may adopt, FEDERAL RAILROAD ADMINISTRATION be used for mitigation projects to reduce fu- without review or public comment, any envi- ture risk and vulnerabilities: Provided, That GRANTS TO THE NATIONAL RAILROAD ronmental review, approval, or permit per- the Secretary shall establish a minimum al- PASSENGER CORPORATION formed by a Federal agency, and such adop- location for each eligible State declared a tion shall satisfy the responsibilities of the For an additional amount for the Sec- major disaster due to Hurricane Sandy: Pro- recipient with respect to such environmental retary to make grants to the National Rail- vided further, That, of the amount provided review, approval, or permit: Provided further, road Passenger Corporation for costs and under this heading, $100,000,000 shall be used That, notwithstanding 42 U.S.C. 5304(g)(2), losses incurred as a result of Hurricane to address the unmet needs of impacted the Secretary may, upon receipt of a request Sandy and to advance capital projects that areas resulting from a major disaster de- for release of funds and certification, imme- address Northeast Corridor infrastructure re- clared pursuant to the Robert T. Stafford diately approve the release of funds for an covery, mitigation and resiliency in the af- Disaster Relief Act (42 U.S.C. 5121 et seq.) or activity or project assisted under this head- fected areas, $336,000,000, to remain available for small, economically distressed areas with ing if the recipient has adopted an environ- until expended: Provided, That the Adminis- a disaster declared in 2011 or 2012: Provided mental review prepared under the National trator of the Federal Railroad Administra- further, That funds shall be awarded directly Environmental Policy Act of 1969 (42 U.S.C. tion may retain up to one-half of 1 percent of to the State or unit of general local govern- 4321 et seq.) or the project is categorically the funds provided under this heading to ment as a grantee at the discretion of the excluded from further review under the Na- fund the award and oversight by the Admin- Secretary: Provided further, That the Sec- tional Environmental Policy Act of 1969 (42 istrator of grants made under this heading: retary shall allocate to grantees not less U.S.C. 4321 et seq.): Provided further, That a Provided further, That such amount is des- than 33 percent of the funds provided under waiver granted by the Secretary may not re- ignated by the Congress as being for an this heading within 60 days after the enact- duce the percentage of funds which must be emergency requirement pursuant to section ment of this Act based on the best available used for activities that benefit persons of low 251(b)(2)(A)(i) of the Balanced Budget and data: Provided further, That prior to the obli- and moderate income to less than 50 percent, Emergency Deficit Control Act of 1985. gation of funds, a grantee shall submit a unless the Secretary specifically finds that FEDERAL TRANSIT ADMINISTRATION plan to the Secretary for approval detailing there is a compelling need to further reduce the proposed use of all funds, including cri- PUBLIC TRANSPORTATION EMERGENCY RELIEF or eliminate the percentage requirement: teria for eligibility and how the use of these PROGRAM Provided further, That the Secretary shall funds will address long-term recovery and publish in the Federal Register any waiver of For the Public Transportation Emergency restoration of infrastructure and housing any statute or regulation that the Secretary Relief Program as authorized under section and economic revitalization in the most im- administers pursuant to title I of the Hous- 5324 of title 49, United States Code, pacted and distressed areas: Provided further, ing and Community Development Act of 1974 $10,783,000,000, to remain available until ex- That the Secretary shall by notice specify no later than 5 days before the effective date pended, for recovery and relief efforts in the the criteria for approval of such plans within of such waiver: Provided further, That funds areas most affected by Hurricane Sandy: Pro- 45 days of enactment of this Act: Provided provided under this heading to for-profit en- vided, That, of the funds provided under this further, That such funds may not be used for terprises may only assist such enterprises heading, the Secretary may transfer up to activities reimbursable by, or for which that meet the definition of small business as $5,383,000,000 to the appropriate agencies to funds are made available by, the Federal fund programs authorized under titles 23 and Emergency Management Agency or the defined by the Small Business Administra- 49, United States Code, in order to carry out Army Corps of Engineers: Provided further, tion under 13 CFR part 121: Provided further, mitigation projects related to reducing risk That the final paragraph under the heading That notwithstanding the previous proviso, of damage from future disasters in areas im- Community Development Block Grants in funds may be provided to a for-profit enter- pacted by Hurricane Sandy: Provided further, title II of Public Law 105–276 (42 U.S.C. 5305 prise, that does not meet such definition of That the Committees on Appropriations of note) shall not apply to funds provided under small business, but which provides a public the Senate and the House of Representatives this heading: Provided further, That funds al- benefit, is publicly regulated, and is other- shall be notified at least 15 days in advance located under this heading shall not be con- wise eligible for assistance under 42 U.S.C. of any such transfer: Provided further, That sidered relevant to the non-disaster formula 5301 et seq., and the implementing regula- notwithstanding any other provision of law, allocations made pursuant to 42 U.S.C. 5306: tions at 24 CFR Part 570.201(l): Provided fur- the Federal share for all projects funded Provided further, That a grantee may use up ther, That of the funds made available under under this heading for repairs, reconstruc- to 5 percent of its allocation for administra- this heading, up to $10,000,000 may be trans- tion or mitigation of transportation infra- tive costs: Provided further, That the Sec- ferred to ‘‘Program Office Salaries and Ex- structure in areas impacted by Hurricane retary shall require that grantees have es- penses, Community Planning and Develop- Sandy shall be 90 percent: Provided further, tablished procedures to ensure timely ex- ment’’ for technical assistance and adminis- That up to three-quarters of 1 percent of the penditure of funds and prevent any duplica- trative costs (including information tech- funds retained for public transportation tion of benefits as defined by 42 U.S.C. 5155 nology costs), related solely to admin- emergency relief shall be available for the and prevent fraud and abuse of funds: Pro- istering funds available under this heading purposes of administrative expenses and on- vided further, That the Secretary shall pro- or funds made available under prior appro- going program management oversight as au- vide grantees with technical assistance on priations to the ‘‘Community Development thorized under 49 U.S.C. 5334 and 5338(i)(2) contracting and procurement processes and Fund’’ for disaster relief, long-term recov- and shall be in addition to any other appro- shall require grantees, in contracting or pro- ery, or emergency expenses: Provided further, priations for such purposes: Provided further, curing for management and administration That, of the funds made available under this That, of the funds made available under this of these funds, to incorporate performance heading, $10,000,000 shall be transferred to heading, $6,000,000 shall be transferred to the requirements and penalties into any such ‘‘Office of Inspector General’’: Provided fur- Office of Inspector General to support the contracts or agreements and to maintain in- ther, That the amounts provided under this oversight of activities funded under this formation with respect to performance on heading are designated by the Congress as heading: Provided further, That such amounts the use of any funds for management and ad- being for an emergency requirement pursu- are designated by the Congress as being for ministrative purposes: Provided further, That ant to section 251(b)(2)(A)(i) of the Balanced an emergency requirement pursuant to sec- in administering the funds under this head- Budget and Emergency Deficit Control Act tion 251(b)(2)(A)(i) of the Balanced Budget ing, the Secretary may waive, or specify al- of 1985. and Emergency Deficit Control Act of 1985. ternative requirements for, any provision of GENERAL PROVISIONS—THIS TITLE DEPARTMENT OF HOUSING AND URBAN any statute or regulation that the Secretary SEC. 1001. For fiscal year 2013, upon request DEVELOPMENT administers in connection with the obliga- by a public housing agency and supported by tion by the Secretary or the use by the re- documentation as required by the Secretary COMMUNITY PLANNING AND DEVELOPMENT cipient of these funds (except for require- of Housing and Urban Development that COMMUNITY DEVELOPMENT FUND ments related to fair housing, non- demonstrates that the need for the adjust- For an additional amount for the ‘‘Commu- discrimination, labor standards, and the en- ment is due to the disaster, the Secretary nity Development Fund’’ for necessary ex- vironment), pursuant to a determination by may make temporary adjustments to the

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Section 8 housing choice voucher annual re- funded by this title that involve repairing, ‘‘(e) REIMBURSEMENT OF SURETY; CONDI- newal funding allocations and administra- rebuilding, or restoring infrastructure and TIONS.—Pursuant to any such guarantee or tive fee eligibility determinations for public restoring land, project sponsors shall con- agreement, the Administration shall reim- housing agencies in an area for which the sider, where appropriate, the increased risks burse the surety, as provided in subsection President declared a disaster under title IV and vulnerabilities associated with future (c) of this section, except that the Adminis- of the Robert T. Stafford Disaster Relief and extreme weather events, sea level rise and tration shall be relieved of liability (in whole Emergency Assistance Act (42 U.S.C. 5170 et coastal flooding. or in part within the discretion of the Ad- seq.), to avoid significant adverse funding (b) Funds made available in this Act shall ministration) if— impacts that would otherwise result from be available to develop, in partnership with ‘‘(1) the surety obtained such guarantee or the disaster. State, local and tribal officials, regional pro- agreement, or applied for such reimburse- SEC. 1002. The Departments of Transpor- jections and assessments of future risks and ment, by fraud or material misrepresenta- tation and Housing and Urban Development vulnerabilities to extreme weather events, tion; shall submit to the Committees on sea level rise and coastal flooding that may ‘‘(2) the total contract amount at the time Approppriations of the House of Representa- be used for the planning referred to in sub- of execution of the bond or bonds exceeds tives and the Senate within 45 days after the section (a), and to encourage coordination $6,500,000; date of the enactment of this Act a plan for and facilitate long-term community resil- ‘‘(3) the surety has breached a material implementing the provisions in this title, iency. term or condition of such guarantee agree- and updates to such plan on a biannual basis SEC. 1105. Recipients of Federal funds dedi- ment; or thereafter. cated to reconstruction efforts under this ‘‘(4) the surety has substantially violated SEC. 1003. None of the funds provided in Act shall, to the greatest extent practicable, the regulations promulgated by the Adminis- this title to the Department of Transpor- ensure that such reconstruction efforts tration pursuant to subsection (d).’’; and tation or the Department of Housing and maximize the utilization of technologies de- (2) by striking subsection (k), as added by Urban Development may be used to make a signed to mitigate future power outages, section 508(b)(2) of the American Recovery grant unless the Secretary of such Depart- continue delivery of vital services and main- and Reinvestment Act of 2009 (Public Law ment notifies the House and Senate Commit- tain the flow of power to facilities critical to 111–5; 123 Stat. 158), and inserting the fol- tees on Appropriations not less than 3 full public health, safety and welfare. The Sec- lowing: business days before any project, State or lo- retary of Housing and Urban Development as ‘‘(j) For bonds made or executed with the cality is selected to receive a grant award to- chair of the Hurricane Sandy Rebuilding prior approval of the Administration, the taling $1,000,000 or more is announced by ei- Task Force shall issue appropriate guide- Administration shall not deny liability to a ther Department or a modal administration. lines to implement this requirement. surety based upon material information that TITLE XI This Act may be cited as the ‘‘Disaster Re- was provided as part of the guarantee appli- lief Appropriations Act, 2013’’. cation.’’. GENERAL PROVISIONS—THIS ACT (d) SIZE STANDARDS.—Section 410 of the SEC. 1101. Each amount appropriated or SA 3339. Mr. LEAHY (for Mr. INOUYE) Small Business Investment Act of 1958 (15 made available in this Act is in addition to proposed an amendment to amendment U.S.C. 694a) is amended by striking para- amounts otherwise appropriated for the fis- SA 3338 proposed by Mr. LEAHY (for Mr. graph (9), as added by section 508(c) of the cal year involved. American Recovery and Reinvestment Act of INOUYE (for himself and Mr. LAUTEN- SEC. 1102. Each amount designated in this 2009 (Public Law 111–5; 123 Stat. 158), and in- Act by the Congress as an emergency re- BERG)) to the bill H.R. 1, making appro- serting the following: quirement pursuant to section 251(b)(2)(A)(i) priations for the Department of De- ‘‘(9) Notwithstanding any other provision of the Balanced Budget and Emergency Def- fense and the other departments and of law or any rule, regulation, or order of the icit Control Act of 1985 shall be available agencies of the Government for the fis- Administration, for purposes of sections 410, only if the President subsequently so des- cal year ending September 30, 2011, and 411, and 412 the term ‘small business concern’ ignates all such amounts and transmits such for other purposes; as follows: means a business concern that meets the size designations to the Congress. standard for the primary industry in which SEC. 1103. (a) Not later than March 31, 2013, On page 16, line 8, strike ‘‘was’’, and insert such business concern, and the affiliates of in accordance with criteria to be established ‘‘were’’ in lieu thereof. such business concern, is engaged, as deter- by the Office of Management and Budget mined by the Administrator in accordance (OMB), Federal agencies shall submit to SA 3340. Mr. CARDIN (for himself with the North American Industry Classi- OMB and to the Committee on Appropria- and Ms. LANDRIEU) submitted an fication System.’’. tions of the House of Representatives and of amendment intended to be proposed by the Senate internal control plans for funds him to the bill H.R. 1, making appro- SA 3341. Mr. REID (for Mr. WHITE- provided by this Act. priations for the Department of De- HOUSE) proposed an amendment to the (b) All programs and activities receiving fense and the other departments and bill S. 1793, to amend title 28, United funds under this Act shall be deemed to be agencies of the Government for the fis- States Code, to clarify the statutory ‘‘susceptible to significant improper pay- cal year ending September 30, 2011, and authority for the longstanding practice ments’’ for purposes of the Improper Pay- for other purposes; which was ordered of the Department of Justice of pro- ments Information Act of 2002 (31 U.S.C. 3321 viding investigatory assistance on re- note) (IPIA), notwithstanding section 2(a) of to lie on the table; as follows: IPIA. Strike section 501 and insert the following: quest of State and local authorities (c) In accordance with guidance to be SEC. 501. SURETY BONDS. with respect to certain serious violent issued by the Director of OMB, agencies shall (a) MAXIMUM BOND AMOUNT.—Section crimes, and for other purposes; as fol- identify those grants for which the funds 411(a)(1) of the Small Business Investment lows: provided by this Act should be expended by Act of 1958 (15 U.S.C. 694b(a)(1)) is amended— Strike all after the enacting clause and in- the grantees within the 24-month period fol- (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; sert the following: lowing the agency’s obligation of funds for (2) by striking ‘‘does not exceed’’ and all SECTION 1. SHORT TITLE. the grant. In the case of such grants, the that follows through the period at the end This Act may be cited as the ‘‘Investiga- agency shall include a term in the grant and inserting ‘‘does not exceed $6,500,000, as tive Assistance for Violent Crimes Act of that: adjusted for inflation in accordance with sec- 2012’’. (1) requires the grantee to return to the tion 1908 of title 41, United States Code.’’; SEC. 2. INVESTIGATION OF CERTAIN VIOLENT agency any funds not expended within the 24- and ACTS, SHOOTINGS, AND MASS month period; and (3) by adding at the end the following: KILLINGS. (2) provides that the head of the agency ‘‘(B) The Administrator may guarantee a (a) ATTORNEY GENERAL.—Title 28, United may, after consultation with the Director of surety under subparagraph (A) for a total States Code, is amended— OMB, subsequently issue a waiver of this re- work order or contract amount that does not (1) in section 530C(b)(1)(L)(i), by striking quirement based on a determination by the exceed $10,000,000, if a contracting officer of a ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’; and head of the agency that exceptional cir- Federal agency certifies that such a guar- (2) in section 530C(b)(1), by adding at the cumstances exist that justify an extension of antee is necessary.’’. end the following— the period in which the funds must be ex- (b) LIMITATION OF LIABILITY.—Section ‘‘(M)(i) At the request of an appropriate pended. 411(c)(1) of the Small Business Investment law enforcement official of a State or polit- SEC. 1104. (a) In carrying out activities Act of 1958 (15 U.S.C. 694b(c)(1)) is amended ical subdivision, the Attorney General may funded by this Act, Federal agencies, in part- by striking ‘‘70 per centum’’ and inserting assist in the investigation of violent acts and nership with States, local communities and ‘‘90 percent’’. shootings occurring in a place of public use tribes, shall inform plans for response, recov- (c) DENIAL OF LIABILITY.—Section 411 of and in the investigation of mass killings and ery, and rebuilding to reduce vulnerabilities the Small Business Investment Act of 1958 attempted mass killings. Any assistance pro- from and build long-term resiliency to future (15 U.S.C. 694b) is amended— vided under this subparagraph shall be pre- extreme weather events, sea level rise, and (1) by striking subsection (e) and inserting sumed to be within the scope of Federal of- coastal flooding. In carrying out activities the following: fice or employment.

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8085 ‘‘(ii) For purposes of this subparagraph— forcement, may assist in the investigation of tion 1116 of title 31, United States Code, the ‘‘(I) the term ‘mass killings’ means 3 or violent acts and shootings occurring in a Attorney General shall include in such re- more killings in a single incident; and place of public use, and in the investigation port the information described in subsection ‘‘(II) the term ‘place of public use’ has the of mass killings and attempted mass (b) of this section as to progress in imple- meaning given that term under section killings. Any assistance provided by the Sec- menting this Act and the amendments made 2332f(e)(6) of title 18, United States Code.’’. retary under this subsection shall be pre- by this Act. (b) SECRETARY OF HOMELAND SECURITY.— sumed to be within the scope of Federal of- (b) CONTENTS.—The information referred to Section 875 of the Homeland Security Act of fice or employment. in subsection (a) is as follows: 2002 (6 U.S.C. 455) is amended by adding at ‘‘(2) DEFINITIONS.—For purposes of this sub- (1) Information readily available to the De- the end the following: section— partment of Justice about trends in the inci- ‘‘(d) INVESTIGATION OF CERTAIN VIOLENT ‘‘(A) the term ‘mass killings’ means 3 or dence of tax return identity theft. ACTS, SHOOTINGS, AND MASS KILLINGS.— more killings in a single incident; and (2) The effectiveness of statutory tools, in- ‘‘(1) IN GENERAL.—At the request of an ap- ‘‘(B) the term ‘place of public use’ has the cluding those provided by this Act, in aiding propriate law enforcement official of a State meaning given that term under section the Department of Justice in the prosecution or political subdivision, the Secretary, 2332f(e)(6) of title 18, United States Code.’’. of tax return identity theft. through deployment of the Secret Service or (3) Recommendations on additional statu- United States Immigration and Customs En- SA 3343. Ms. KLOBUCHAR (for her- tory tools that would aid in removing bar- forcement, may assist in the investigation of self and Mr. SESSIONS) submitted an riers to effective prosecution of tax return violent acts and shootings occurring in a amendment intended to be proposed by identity theft. place of public use, and in the investigation her to the bill H.R. 4362, to provide ef- (4) The status on implementing the rec- of mass killings and attempted mass ommendations of the Department’s March killings. Any assistance provided by the Sec- fective criminal prosecutions for cer- 2010 Audit Report 10–21 entitled ‘‘The Depart- retary under this subsection shall be pre- tain identity thefts, and for other pur- ment of Justice’s Efforts to Combat Identity sumed to be within the scope of Federal of- poses; which was referred to the Com- Theft’’. fice or employment. mittee on the Judiciary; as follows: ‘‘(2) DEFINITIONS.—For purposes of this sub- Strike all after the enacting clause and in- SA 3344. Mr. BINGAMAN submitted section— sert the following: an amendment intended to be proposed ‘‘(A) the term ‘mass killings’ means 3 or SECTION 1. SHORT TITLE. by him to the bill H.R. 1, making ap- more killings in a single incident; and This Act may be cited as the ‘‘Stopping propriations for the Department of De- ‘‘(B) the term ‘place of public use’ has the Tax Offenders and Prosecuting Identity fense and the other departments and meaning given that term under section Theft Act of 2012’’ or the ‘‘STOP Identity agencies of the Government for the fis- 2332f(e)(6) of title 18, United States Code.’’. Theft Act of 2012’’. cal year ending September 30, 2011, and SEC. 2. USE OF DEPARTMENT OF JUSTICE RE- for other purposes; which was ordered SA 3342. Mr. REID (for Mr. WHITE- SOURCES WITH REGARD TO TAX RE- HOUSE) proposed an amendment to the TURN IDENTITY THEFT. to lie on the table; as follows: bill H.R. 2076, to amend title 28, United (a) IN GENERAL.—The Attorney General At the appropriate place, insert the fol- States Code, to clarify the statutory should make use of all existing resources of lowing: authority for the longstanding practice the Department of Justice, including any ap- SEC. ll. APPROVAL OF THE 2010 U.S.-PALAU propriate task forces, to bring more per- AGREEMENT IN RESPONSE TO of the Department of Justice of pro- SUPER TYPHOON BOPHA. viding investigatory assistance on re- petrators of tax return identity theft to jus- tice. (a) IN GENERAL.—The agreement entitled quest of State and local authorities (b) CONSIDERATIONS TO BE TAKEN INTO AC- ‘‘The Agreement Between the Government of with respect to certain serious violent COUNT.—In carrying out this section, the At- the United States of America and the Gov- crimes, and for other purposes; as fol- torney General should take into account the ernment of the Republic of Palau Following lows: following: the Compact of Free Association Section 432 Review’’ signed on September 3, 2010 (includ- In lieu of matter proposed to be inserted, (1) The need to concentrate efforts in those ing the appendices to the agreement) (re- insert the following: areas of the country where the crime is most frequently reported. ferred to in this section as the ‘‘Agreement’’) SECTION 1. SHORT TITLE. is approved (other than Article 7 to the ex- This Act may be cited as the ‘‘Investiga- (2) The need to coordinate with State and local authorities for the most efficient use of tent it extends Article X of the Federal Pro- tive Assistance for Violent Crimes Act of grams and Services Agreement) and may 2012’’. their laws and resources to prosecute and prevent the crime. only enter into force after the Secretary of SEC. 2. INVESTIGATION OF CERTAIN VIOLENT (3) The need to protect vulnerable groups, State, in coordination with the Secretary of ACTS, SHOOTINGS, AND MASS the Interior, enters into an implementing ar- KILLINGS. such as veterans, seniors, and minors (espe- cially foster children) from becoming vic- rangement with the Republic of Palau that (a) ATTORNEY GENERAL.—Title 28, United makes the adjustments to dates and States Code, is amended— tims or otherwise used in the offense. SEC. 3. VICTIMS OF IDENTITY THEFT MAY IN- amounts as set forth in Senate Amendment (1) in section 530C(b)(1)(L)(i), by striking 3331. ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’; and CLUDE ORGANIZATIONS. Chapter 47 of title 18, United States Code, (b) AMENDMENT.—Section 105(f)(1)(B)(ix) of (2) in section 530C(b)(1), by adding at the the Compact of Free Association Amend- end the following— is amended— (1) in section 1028— ments Act of 2003 (48 U.S. C. 1921d(f)(1)(B)(ix)) ‘‘(M)(i) At the request of an appropriate is amended by striking ‘‘2009’’ and inserting law enforcement official of a State or polit- (A) in subsection (a)(7), by inserting ‘‘(in- cluding an organization)’’ after ‘‘another ‘‘2024’’. ical subdivision, the Attorney General may (c) FUNDING.— person’’; and assist in the investigation of violent acts and (1) IN GENERAL.—There are appropriated to (B) in subsection (d)(7), in the matter pre- shootings occurring in a place of public use the Secretary of the Interior such sums as ceding subparagraph (A), by inserting ‘‘or and in the investigation of mass killings and are specified to carry out sections 1, 2(a), other person’’ after ‘‘specific individual’’; attempted mass killings. Any assistance pro- 4(a), and 5 of the Agreement for each of fiscal and vided under this subparagraph shall be pre- years 2014 through 2024. (2) in section 1028A(a)(1), by inserting ‘‘(in- sumed to be within the scope of Federal of- (2) AVAILABILITY.—Amounts appropriated cluding an organization)’’ after ‘‘another fice or employment. under paragraph (1) shall remain available person’’. ‘‘(ii) For purposes of this subparagraph— until expended. SEC. 4. IDENTITY THEFT FOR PURPOSES OF TAX ‘‘(I) the term ‘mass killings’ means 3 or (3) EMERGENCY DESIGNATION.—Amounts ap- FRAUD. more killings in a single incident; and propriated under paragraph (1) are des- Section 1028(b)(3) of title 18, United States ‘‘(II) the term ‘place of public use’ has the ignated by Congress as being for an emer- Code, is amended— meaning given that term under section gency requirement pursuant to section 4(g) (1) in subparagraph (B), by striking ‘‘or’’ at 2332f(e)(6) of title 18, United States Code.’’. of the Statutory Pay-As-You-Go Act of 2010 the end; (b) SECRETARY OF HOMELAND SECURITY.— (Public Law 111-139; 2 U.S.C. 933(g)). Section 875 of the Homeland Security Act of (2) in subparagraph (C), by inserting ‘‘or’’ 2002 (6 U.S.C. 455) is amended by adding at after the semicolon; and SA 3345. Mrs. HAGAN (for Ms. LAN- (3) by adding at the end the following: the end the following: DRIEU) proposed an amendment to the ‘‘(D) during and in relation to a felony ‘‘(d) INVESTIGATION OF CERTAIN VIOLENT bill S. 3472, to amend the Family Edu- ACTS, SHOOTINGS, AND MASS KILLINGS.— under section 7206 or 7207 of the Internal cational Rights and Privacy Act of 1974 ‘‘(1) IN GENERAL.—At the request of an ap- Revenue Code of 1986;’’. propriate law enforcement official of a State SEC. 5. REPORTING REQUIREMENT. to provide improvements to such Act; or political subdivision, the Secretary, (a) GENERALLY.—Beginning with the first as follows: through deployment of the Secret Service or report made more than 9 months after the Strike all after the enacting clause and in- United States Immigration and Customs En- date of the enactment of this Act under sec- sert the following:

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8086 CONGRESSIONAL RECORD — SENATE December 17, 2012 SECTION 1. SHORT TITLE. allowed to take up the Investigative ment as they work hard to protect This Act may be cited as the ‘‘Uninter- Assistance for Violent Crimes Act and communities in difficult times when rupted Scholars Act (USA)’’. the Strengthening Investigations of resources from State and local govern- SEC. 2. FAMILY EDUCATIONAL RIGHTS AND PRI- Sex Offenders and Missing Children ments are being squeezed. VACY. Section 444(b) of the General Education Act. These two legislative proposals I yield the floor. Provisions Act (20 U.S.C. 1232g(b)) (com- will enhance federal law enforcement Mr. WHITEHOUSE. Madam Presi- monly known as the ‘‘Family Educational officers’ ability to investigate and dent, I rise today in support of S. 1792, Rights and Privacy Act of 1974’’) is amend- solve crimes. I want to thank Senator the Strengthening Investigations of ed— WHITEHOUSE for his leadership and per- Sex Offenders and Missing Children Act (1) in paragraph (1)— severance in working to pass these im- of 2011. This legislation, which is co- (A) in subparagraph (J)(ii), by striking portant clarifications to existing fed- sponsored by Senators SESSIONS, FEIN- ‘‘and’’ after the semicolon at the end; STEIN, SCHUMER, KLOBUCHAR, and (B) in subparagraph (K)(ii), by striking the eral law enforcement authorities. period at the end and inserting ‘‘; and’’; and The Investigative Assistance for Vio- BLUMENTHAL, as well as Chairman (C) by inserting after subparagraph (K), the lent Crimes Act of 2011 clarifies the au- LEAHY of the Judiciary Committee, following: thority of the FBI and other Federal would clarify the authority of the U.S. ‘‘(L) an agency caseworker or other rep- law enforcement agencies to assist Marshals to help track down sex of- resentative of a State or local child welfare state and local law enforcement upon fenders and missing children. It is a agency, or tribal organization (as defined in request with investigations of mass simple and common sense of piece of section 4 of the Indian Self-Determination killings and other instances of public legislation. I urge my fellow Senators and Education Assistance Act (25 U.S. C. violence. This important legislation to support it, with the hope that our 450b)), who has the right to access a stu- dent’s case plan, as defined and determined will help to ensure that State and local colleagues in the House will soon send by the State or tribal organization, when law enforcement agencies receive the it to the President’s desk to be signed such agency or organization is legally re- assistance they need in times of crisis. into law. sponsible, in accordance with State or tribal I am disappointed that this Senate bill, As my colleagues know, time is of law, for the care and protection of the stu- which was voted out of the Judiciary the essence when children go missing. dent, provided that the education records, or Committee on November 17, 2011, with Of those children who are abducted and the personally identifiable information con- overwhelming support, and the com- subsequently murdered, 74% are killed tained in such records, of the student will panion House bill, which was passed by within 3 hours of being abducted. The not be disclosed by such agency or organiza- U.S. Marshals Service has extensive ex- tion, except to an individual or entity en- the House by a vote of 358 to 9, were gaged in addressing the student’s education held up for more than a year. I hope perience with and sophisticated tools needs and authorized by such agency or orga- that there is still time this session for for quickly identifying and tracking nization to receive such disclosure and such the House to take action so that the down fugitives and missing individuals. disclosure is consistent with the State or bill can be sent to the President and he Notably, the U.S. Marshals Service has tribal laws applicable to protecting the con- can sign it into law without further substantial resources for finding the fidentiality of a student’s education delay. fugitive sex offenders who too often are records.’’; and When tragedy strikes, as with the involved in child abductions. (2) in paragraph (2)(B), by inserting ‘‘, ex- shootings in Tucson, AZ, in 2011, in Au- As a result, state and local law en- cept when a parent is a party to a court pro- ceeding involving child abuse and neglect (as rora, CO, in 2012, and this past Friday forcement and the National Center for defined in section 3 of the Child Abuse Pre- in Newtown, CT, there should be no Missing and Exploited Children often vention and Treatment Act (42 U.S.C. 5101 doubt that Federal law enforcement call on the marshals to assist in the note)) or dependency matters, and the order can assist state and local police offi- event that a child goes missing. This is issued in the context of that proceeding, cers. The Investigative Assistance for bill would make it clear that, upon re- additional notice to the parent by the edu- Violent Crimes Act will ensure that all quest, the U.S. Marshals are allowed to cational agency or institution is not re- hands can be on deck when law enforce- assist in investigating these cases, quired’’ after ‘‘educational institution or ment assistance is needed most. even if an arrest warrant has not yet agency’’. The Strengthening Investigations of issued. The bill also clarifies the Mar- f Sex Offenders and Missing Children Act shals Service’s authority to assist PRIVILEGES OF THE FLOOR will reconcile an inconsistency in the other law enforcement agencies, upon Mr. LEAHY. Mr. President, I ask United States Marshals Service’s stat- request, in investigating sex offender unanimous consent, on behalf of Sen- utory authority to improve the ability cases. of U.S. Marshals to investigate cases I thank Senator Sessions for working ator INOUYE, that Karen Courington and Mike Hansen, legislative fellows involving missing children and certain with me on this important legislation, detailed to the Committee on Appro- sex offenders. The United States Mar- and my fellow Judiciary Committee priations, be granted the privileges of shals Service is a key partner in the in- members Senators FEINSTEIN, SCHU- the floor during consideration of the vestigation and prosecution of missing MER, KLOBUCHAR, and BLUMENTHAL for fiscal year 2013 disaster assistance sup- and exploited children, and we must supporting the bill. I also would like to plemental. ensure that there is no question as to thank Chairman LEAHY for cospon- The PRESIDING OFFICER. Without the marshals’ authority to assist in soring the bill and for his leadership, objection, it is so ordered. these cases. both generally with respect to all his I regret that there are still Repub- work to keep our children safe from f lican Senators holding up passage of predators and specifically for moving STRENGTHENING INVESTIGATIONS other legislation to provide Federal as- this piece of legislation through Com- OF SEX OFFENDERS sistance to state and local law enforce- mittee. Mr. REID. Madam President, I ask ment that they need. Among the meas- I am confident that every member of unanimous consent that the Senate ures being stalled are the Justice for the Senate will understand the clear proceed to Calendar No. 246, S. 1792. All Reauthorization Act, the National and simple principle behind this legis- The PRESIDING OFFICER. The Blue Alert Act, Local Courthouse Safe- lation and the important threat to our clerk will report the bill by title. ty Act, the Bulletproof Vest Partner- children that it addresses. The bill was The legislative clerk read as follows: ship Grant Act, and the Edward Byrne reported by a voice vote of the Judici- A bill (S. 1792) to clarify the authority of Memorial Justice Award Grant Pro- ary Committee, I am aware of no con- the United States Marshal Service to assist gram Reauthorization. cerns or opposition, and I would urge other Federal, State, and local law enforce- At least one Republican Senator has my colleagues to ensure its prompt ment agencies in the investigation of cases gone so far as to contend that it is un- passage by the Senate. involving sex offenders and missing children. constitutional for the Federal Govern- I yield the floor. There being no objection, the Senate ment to provide assistance and support Mr. REID. Madam President, I ask proceeded to consider the bill. to State and local law enforcement. I unanimous consent that the bill be Mr. LEAHY. Madam President, I am disagree. I believe such support is es- read a third time and passed, the mo- pleased that the Senate is finally being sential to State and local law enforce- tion to reconsider be laid upon the

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8087 table, with no intervening action or de- the Justice Department, Immigration (b) SECRETARY OF HOMELAND SECURITY.— bate, and that any statements related and Customs Enforcement, and the Se- Section 875 of the Homeland Security Act of to this matter be placed in the RECORD. cret Service can provide State and 2002 (6 U.S.C. 455) is amended by adding at The PRESIDING OFFICER. Without local law enforcement officers with as- the end the following: ‘‘(d) INVESTIGATION OF CERTAIN VIOLENT objection, it is so ordered. sistance when so requested. In so ACTS, SHOOTINGS, AND MASS KILLINGS.— The bill (S. 1792) was ordered to be doing, it will help State and law en- ‘‘(1) IN GENERAL.—At the request of an ap- engrossed for a third reading, was read forcement protect victims and solve propriate law enforcement official of a State the third time, and passed, as follows: these terrible crimes. or political subdivision, the Secretary, S. 1792 The bill does not expand the jurisdic- through deployment of the Secret Service or Be it enacted by the Senate and House of Rep- tion of Federal law enforcement agen- United States Immigration and Customs En- resentatives of the United States of America in cies. Assistance from a Federal agency forcement, may assist in the investigation of Congress assembled, must be requested by the State or local violent acts and shootings occurring in a place of public use, and in the investigation SECTION 1. SHORT TITLE. authority and agreed to by Federal au- of mass killings and attempted mass This Act may be cited as the ‘‘Strength- thorities. And the bill does not impose killings. Any assistance provided by the Sec- ening Investigations of Sex Offenders and new criminal penalties or regulations. retary under this subsection shall be pre- Missing Children Act of 2011’’. The House passed a companion meas- sumed to be within the scope of Federal of- SEC. 2. CLARIFICATION OF AUTHORITY. ure, H.R. 207, last year by a vote of 358 fice or employment. Section 566(e)(1)(B) of title 28, United to 9. The Senate bill was reported out ‘‘(2) DEFINITIONS.—For purposes of this sub- States Code, is amended to read as follows: of the Judiciary Committee last No- section— ‘‘(B) as directed by the Attorney General, ‘‘(A) the term ‘mass killings’ means 3 or investigate— vember, and I thank Chairman LEAHY for his leadership in moving this legis- more killings in a single incident; and ‘‘(i) fugitive matters, both within and out- ‘‘(B) the term ‘place of public use’ has the side the United States; and lation through Committee. Since then, meaning given that term under section ‘‘(ii) at the request of another Federal, I have worked with Chairman LEAHY, 2332f(e)(6) of title 18, United States Code.’’. State, or local law enforcement agency, Senator GRASSLEY, Chairman SMITH of The PRESIDING OFFICER. The cases involving— the House Judiciary Committee, and ‘‘(I) a sex offender (as defined in section 111 question is on the engrossment and Representative GOWDY to improve the third reading of the bill. of the Sex Offender Registration and Notifi- bill, and we have reached an agreement cation Act (42 U.S.C. 16911)) who violates a The bill (S. 1793) was ordered to be sex offender registration requirement; or that is reflected in a substitute amend- engrossed for a third reading, was read ‘‘(II) a missing child.’’. ment. the third time, and passed. I urge colleagues on both sides of the f Mr. REID. Madam President, I sug- aisle to support this measure, so we gest the absence of a quorum. INVESTIGATIVE ASSISTANCE FOR can ensure that our dedicated law en- The PRESIDING OFFICER. The VIOLENT CRIMES ACT forcement officials can respond to and clerk will call the roll. solve these tragic crimes. Mr. REID. Madam President, I ask The legislative clerk proceeded to I yield the floor. unanimous consent that we proceed to call the roll. Mr. REID. Madam President, I ask Calendar No. 233, S. 1793. Mr. REID. Madam President, I ask unanimous consent that the White- The PRESIDING OFFICER. The unanimous consent that the order for house substitute amendment at the clerk will report the bill by title. the quorum call be rescinded. desk be agreed to; the bill, as amended, The legislative clerk read as follows: The PRESIDING OFFICER. Without be read a third time and passed; the A bill (S. 1793) to amend title 28, United objection, it is so ordered. States Code, to clarify the statutory author- motions to reconsider be laid upon the ity for the longstanding practice of the De- table, with no intervening action or de- f partment of Justice of providing investiga- bate; and that any statements related AMENDING SECTION 1059(e) OF THE tory assistance on request of State and local to this matter be printed in the NATIONAL DEFENSE AUTHORIZA- authorities with respect to certain serious RECORD. TION ACT FOR FISCAL YEAR 2006 violent crimes, and for other purposes. The PRESIDING OFFICER. Without There being no objection, the Senate objection, it is so ordered. Mr. REID. Madam President, I ask proceeded to consider the bill. The amendment (No. 3341) was agreed unanimous consent that the Senate Mr. WHITEHOUSE. Madam Presi- to, as follows: proceed to H.R. 6223. The PRESIDING OFFICER. The dent, I rise in support of S. 1793, the In- (Purpose: In the nature of a substitute) clerk will report the bill by title. vestigative Assistance for Violent Strike all after the enacting clause and in- Crimes Act of 2012, which I introduced. sert the following: The legislative clerk read as follows: This commonsense bill clarifies SECTION 1. SHORT TITLE. A bill (H.R. 6223) to amend section 1059(e) that—upon the request of appropriate This Act may be cited as the ‘‘Investiga- of the National Defense Authorization Act State and local law enforcement offi- tive Assistance for Violent Crimes Act of for Fiscal Year 2006 to clarify that a period cials—select Federal law enforcement 2012’’. of employment abroad by the Chief of Mis- sion or United States Armed Forces as a SEC. 2. INVESTIGATION OF CERTAIN VIOLENT agencies may use their unique capabili- translator, interpreter, or in a security-re- ties to help investigate and respond to ACTS, SHOOTINGS, AND MASS KILLINGS. lated position in an executive or managerial mass killings and other violent crimes. (a) ATTORNEY GENERAL.—Title 28, United capacity is to be counted as a period of resi- The measure will provide important States Code, is amended— dence and physical presence in the United clarity to Federal law enforcement of- (1) in section 530C(b)(1)(L)(i), by striking States for purposes of qualifying for natu- ficers who are called on by State and ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’; and ralization, and for other purposes. local counterparts to assist in response (2) in section 530C(b)(1), by adding at the There being no objection, the Senate to a mass shooting or other violent end the following— proceeded to consider the bill. crime at a college campus, shopping ‘‘(M)(i) At the request of an appropriate Mr. LEAHY. Madam President, in the mall, office building, or other public law enforcement official of a State or polit- 111th Congress, I worked closely with ical subdivision, the Attorney General may place. Currently, the FBI and select assist in the investigation of violent acts and Senator LUGAR on two pieces of legisla- other Federal agencies often provide shootings occurring in a place of public use tion to improve our immigration laws requested assistance to State and local and in the investigation of mass killings and in small but meaningful ways. My bill, law enforcement in these types of attempted mass killings. Any assistance pro- the Refugee Opportunity Act, would cases. The absence of an explicit au- vided under this subparagraph shall be pre- provide refugees and asylees more op- thorizing statute, however, has created sumed to be within the scope of Federal of- portunity to become self-sustaining, concern that agents responding to fice or employment. productive members of their new these violent crimes could be held lia- ‘‘(ii) For purposes of this subparagraph— American communities. Senator ‘‘(I) the term ‘mass killings’ means 3 or ble even though their only goal was to more killings in a single incident; and LUGAR’s bill, which I was proud to sup- protect the public. ‘‘(II) the term ‘place of public use’ has the port, would have permitted lawful per- This bill makes sure that the FBI, meaning given that term under section manent residents to return, without other law enforcement components at 2332f(e)(6) of title 18, United States Code.’’. penalty to their citizenship process, to

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8088 CONGRESSIONAL RECORD — SENATE December 17, 2012 their country of nationality to assist TOOMEY’s fellow Republican Senators as the George Mahon Federal Building, shall in post-conflict or disaster reconstruc- when Senator LUGAR and I asked for be known and redesignated as the ‘‘George tion efforts. Both of these bills, the consent on our legislation to achieve H.W. Bush and George W. Bush United States Refugee Opportunity Act and the Re- these same goals. Courthouse and George Mahon Federal Building’’. turn of Talent Act, were approved by Mr. REID. I now ask unanimous con- (b) REFERENCES.—Any reference in a law, the Senate Judiciary Committee in sent that the bill be read a third time map, regulation, document, paper, or other March of 2010. Unfortunately, unde- and passed, the motion to reconsider be record of the United States to the Federal fined Republican objections stalled the laid upon the table, and any state- building and United States Courthouse re- progress for both of these bipartisan ments relating to this matter be print- ferred to in subsection (a) shall be deemed to bills. ed in the RECORD. be a reference to the ‘‘George H.W. Bush and The Refugee Opportunity Act would The PRESIDING OFFICER. Without George W. Bush United States Courthouse provide relief from the continuous objection, it is so ordered. and George Mahon Federal Building’’. presence requirement in the immigra- The bill (H.R. 6223) was ordered to a SEC. 4. THOMAS P. O’NEILL, JR. FEDERAL BUILD- tion law for certain refugees and ING. third reading, was read the third time, (a) DESIGNATION.—The Federal building asylees. Specifically, the legislation and passed. currently known as Federal Office Building would waive the requirement for refu- f 8, located at 200 C Street Southwest in the gees or asylees who worked overseas, if District of Columbia, shall be known and such presence outside the United AMENDING THE FEDERAL WATER designated as the ‘‘Thomas P. O’Neill, Jr. States was in the service of the United POLLUTION CONTROL ACT Federal Building’’. States Government, within the refugee Mr. REID. I ask unanimous consent (b) REFERENCES.—Any reference in a law, or asylee’s home country, and within that the Senate proceed to S. 3687. map, regulation, document, paper, or other the protection of the United States The PRESIDING OFFICER. The record of the United States to the Federal building referred to in subsection (a) shall be Government. For refugees and asylees, clerk will report the bill by title. deemed to be a reference to the ‘‘Thomas P. in order to adjust from that status to The legislative clerk read as follows: O’Neill, Jr. Federal Building’’. lawful permanent resident status, 1 A bill (S. 3687) to amend the Federal Water SEC. 5. COMPLIANCE WITH LACEY ACT. year of continuous presence in the Pollution Control Act to authorize the Lake The Lacey Act Amendments of 1981 (16 United States is required after arrival. Pontchartrain Basin Restoration Program, U.S.C. 3371 et seq.) and section 42 of title 18, The purpose of the Refugee Oppor- to designate certain Federal buildings, and United States Code, shall not apply with re- tunity Act was to permit refugees and for other purposes. spect to any water transfer by the North asylees in the United States, who often There being no objection, the Senate Texas Municipal Water District and the arrive after years of persecution or dis- proceeded to consider the bill. Greater Texoma Utility Authority using placement, to take employment oppor- Mr. REID. I now ask that the bill be only closed conveyance systems from the Lake Texoma raw water intake structure to tunities overseas in service of their read a third time and passed, the mo- tion to reconsider be considered made treatment facilities at which all zebra mus- new government without penalty to sels are extirpated and removed from the their immigration process. The policy and laid upon the table, with no inter- water transferred. goal was to provide encouragement for vening action or debate, and any re- SEC. 6. CONVEYANCE OF MCKINNEY LAKE NA- refugees and asylees to take a step for- lated statements be printed in the TIONAL FISH HATCHERY. ward on the path to independence and RECORD. (a) DEFINITIONS.—In this section: self-sufficiency while assisting the The PRESIDING OFFICER. Without (1) SECRETARY.—The term ‘‘Secretary’’ international efforts of their adopted objection, it is so ordered. means the Secretary of the Interior. country. The bill (S. 3687) was ordered to be (2) STATE.—The term ‘‘State’’ means the State of North Carolina. The legislation that Senator TOOMEY engrossed for a third reading, was read (b) CONVEYANCE.—Not later than 180 days has introduced, and for which he has the third time, and passed, as follows: after the date of enactment of this Act, the sought consent in the Senate, would S. 3687 Secretary shall convey to the State, without provide this same relief from the con- Be it enacted by the Senate and House of Rep- reimbursement, all right, title, and interest tinuous presence requirement in the resentatives of the United States of America in of the United States in and to the property immigration law for recipients of the Congress assembled, described in subsection (c), for use by the Special Immigrant Visa. These visas SECTION 1. LAKE PONTCHARTRAIN BASIN RES- North Carolina Wildlife Resources Commis- are available to Iraqi and Afghan inter- TORATION PROGRAM. sion as a component of the fish and wildlife management program of the State. preters or translators who had served Section 121 of the Federal Water Pollution Control Act (33 U.S.C. 1273) is amended— (c) DESCRIPTION OF PROPERTY.—The prop- the United States armed forces over- (1) in subsection (d), by inserting ‘‘to pay erty referred to in subsection (b) is com- seas. The bill we pass today would re- not more than 75 percent of the costs’’ after prised of the property known as the ‘‘McKin- move barriers for Special Immigrant ‘‘make grants’’; and ney Lake National Fish Hatchery’’, which— Visa holders who, after receipt of such (2) in subsection (f)(1), in the first sen- (1) is located at 220 McKinney Lake Road, a visa, wish to work again for the tence, by striking ‘‘2011’’ and inserting ‘‘2012 Hoffman (between Southern Pines and Rock- United States abroad. Like the Refugee and the amount appropriated for fiscal year ingham), in Richmond County, North Caro- Opportunity Act, this bill would waive 2009 for each of fiscal years 2013 through lina; (2) is a warmwater facility consisting of the applicable presence requirement 2017’’. SEC. 2. ENVIRONMENTAL PROTECTION AGENCY approximately 422 acres; and that the immigrant must satisfy before HEADQUARTERS. (3) includes all improvements and related adjusting his or her status while he or (a) REDESIGNATION.—The Environmental personal property under the jurisdiction of she was outside the United States. In Protection Agency Headquarters located at the Secretary that are located on the prop- fact, the goals of H.R. 6223 are identical 1200 Pennsylvania Avenue N.W. in Wash- erty (including buildings, structures, and to the bill I introduced over 2 years ago ington, D.C., known as the Ariel Rios Build- equipment). with Senator LUGAR—to encourage new ing, shall be known and redesignated as the (d) USE BY STATE.— arrivals to America to work on behalf ‘‘William Jefferson Clinton Federal Build- (1) USE.—The property conveyed to the State under this section shall be used by the of the United States in furthering the ing’’. (b) REFERENCES.—Any reference in a law, State for purposes relating to fishery and goals of our government abroad and to map, regulation, document, paper, or other wildlife resources management. remove barriers to such employment record of the United States to the Environ- (2) REVERSION.— and participation. mental Protection Agency Headquarters re- (A) IN GENERAL.—If the property conveyed Although I am glad that the goals of ferred to in subsection (a) shall be deemed to to the State under this section is used for the Refugee Opportunity Act and the be a reference to the ‘‘William Jefferson any purpose other than the purpose de- ideal that we do right to encourage Clinton Federal Building’’. scribed in paragraph (1), all right, title, and new Americans to serve their adopted SEC. 3. GEORGE H.W. BUSH AND GEORGE W. interest in and to the property shall revert government are being promoted in the BUSH UNITED STATES COURTHOUSE to the United States. AND GEORGE MAHON FEDERAL (B) CONDITION OF PROPERTY.—If the prop- legislation Senator TOOMEY has sought BUILDING. erty described in subparagraph (A) reverts to to pass, I regret that the same coopera- (a) REDESIGNATION.—The Federal building the United States under this paragraph, the tion and courtesy we give him today and United States Courthouse located at 200 State shall ensure that the property is in was withheld by some of Senator East Wall Street in Midland, Texas, known substantially the same or better condition as

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8089 the condition of the property as of the date mass killings and attempted mass killings’’ after The PRESIDING OFFICER. The of the conveyance of the property under this ‘‘traveler’’; and clerk will report the resolution by section. (C) in subsection (c), by adding the following title. (C) EXCEPTION.—This paragraph shall not new paragraph at the end: The legislative clerk read as follows: apply with respect to use of the property ‘‘(4) ‘mass killings’ means 3 or more killings in under subsection (e). a single incident.’’; and A resolution (S. Res. 619) to elect PATRICK (e) USE BY SECRETARY.—The Secretary (4) in the table of sections at the beginning of J. LEAHY, a Senator from the State of shall require, as a condition and term of the chapter 33, by striking the item relating to sec- Vermont, to be President pro tempore of the conveyance of property under this section, tion 540A and inserting the following: Senate of the United States. that the State shall, upon the request of the ‘‘540A. Investigation of certain violent crimes.’’. There being no objection, the Senate Secretary, allow the United States Fish and proceeded to consider the resolution. Wildlife Service to use the property in co- The amendment (No. 3342) was agreed to, as follows: Mr. REID. Madam President, I ask operation with the Commission for propaga- unanimous consent that the resolution tion of any critically important aquatic re- (Purpose: In the nature of a substitute) be agreed to, and the motion to recon- sources held in public trust to address spe- In lieu of matter proposed to be inserted, cific restoration or recovery needs of such insert the following: sider be laid upon the table, with no in- tervening action or debate. resource. SECTION 1. SHORT TITLE. f This Act may be cited as the ‘‘Investiga- The PRESIDING OFFICER. Without objection, it is so ordered. INVESTIGATIVE ASSISTANCE FOR tive Assistance for Violent Crimes Act of 2012’’. The resolution (S. Res. 619) was VIOLENT CRIMES ACT OF 2011 SEC. 2. INVESTIGATION OF CERTAIN VIOLENT agreed to, as follows: Mr. REID. I ask unanimous consent ACTS, SHOOTINGS, AND MASS S. RES. 619 KILLINGS. that the Senate proceed to Calendar Resolved, That PATRICK J. LEAHY, a Sen- (a) ATTORNEY GENERAL.—Title 28, United No. 236, H.R. 2076. ator from the State of Vermont, be, and he is States Code, is amended— The PRESIDING OFFICER. The hereby, elected President of the Senate pro (1) in section 530C(b)(1)(L)(i), by striking clerk will report the bill by title. tempore. ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’; and The legislative clerk read as follows: (2) in section 530C(b)(1), by adding at the f A bill (H.R. 2076) to amend title 28, United end the following— AUTHORIZING HARRY REID TO States Code, to clarify the statutory author- ‘‘(M)(i) At the request of an appropriate ity for the longstanding practice of the De- law enforcement official of a State or polit- ADMINISTER THE OATH OF OFFICE partment of Justice of providing investiga- ical subdivision, the Attorney General may Mr. REID. Madam President, I ask tory assistance on request of State and local assist in the investigation of violent acts and unanimous consent that the Senate authorities with respect to certain serious shootings occurring in a place of public use proceed to the consideration of S. Res. violent crimes, and for other purposes. and in the investigation of mass killings and 620. There being no objection, the Senate attempted mass killings. Any assistance pro- vided under this subparagraph shall be pre- The PRESIDING OFFICER. The proceeded to consider the bill. clerk will report the resolution by Mr. REID. I further ask that the sumed to be within the scope of Federal of- fice or employment. title. committee-reported amendment be ‘‘(ii) For purposes of this subparagraph— The legislative clerk read as follows: considered; the substitute amendment, ‘‘(I) the term ‘mass killings’ means 3 or A resolution (S. Res. 620) to authorize as amended, be agreed to; the White- more killings in a single incident; and HARRY REID, a Senator from the State of Ne- house amendment, which is at the ‘‘(II) the term ‘place of public use’ has the vada, to administer the oath of office of desk, be agreed to; the substitute meaning given that term under section President of the Senate pro tempore to PAT- amendment, as amended, be agreed to; 2332f(e)(6) of title 18, United States Code.’’. RICK J. LEAHY, a Senator from the State of the bill, as amended, be read a third (b) SECRETARY OF HOMELAND SECURITY.— Vermont. time and passed; a motion to recon- Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is amended by adding at There being no objection, the Senate sider be considered made and laid upon the end the following: proceeded to consider the resolution. the table, with no intervening action ‘‘(d) INVESTIGATION OF CERTAIN VIOLENT Mr. REID. Madam President, I ask or debate, and any statements related ACTS, SHOOTINGS, AND MASS KILLINGS.— unanimous consent that the resolution to this matter be printed in the ‘‘(1) IN GENERAL.—At the request of an ap- be agreed to and the motion to recon- RECORD. propriate law enforcement official of a State sider be laid upon the table, with no in- The PRESIDING OFFICER. Without or political subdivision, the Secretary, tervening action or debate. objection, it is so ordered. through deployment of the Secret Service or The PRESIDING OFFICER. Without The committee amendment in the United States Immigration and Customs En- forcement, may assist in the investigation of objection, it is so ordered. nature of a substitute was agreed to, as violent acts and shootings occurring in a The resolution (S. Res. 620) was follows: place of public use, and in the investigation agreed to, as follows: SECTION 1. SHORT TITLE. of mass killings and attempted mass S. RES. 620 This Act may be cited as the ‘‘Investigative killings. Any assistance provided by the Sec- Resolved, That HARRY REID, a Senator from Assistance for Violent Crimes Act of 2011’’. retary under this subsection shall be pre- the State of Nevada, is hereby authorized to SEC. 2. INVESTIGATION OF MASS KILLING OR AT- sumed to be within the scope of Federal of- administer the oath of office of President of TEMPTED MASS KILLING AND OTHER fice or employment. the Senate pro tempore to PATRICK J. LEAHY, VIOLENT CRIMES. ‘‘(2) DEFINITIONS.—For purposes of this sub- a Senator from the State of Vermont. Title 28, United States Code, is amended— section— (1) in section 530C(b)(1)(L)(i), by striking ‘‘(A) the term ‘mass killings’ means 3 or f ‘‘2,000,000’’ and inserting ‘‘$3,000,000’’; more killings in a single incident; and CONDEMNING THE HORRIFIC AT- (2) in section 530C(b)(4), by adding at the end ‘‘(B) the term ‘place of public use’ has the the following: ‘‘The authority to conduct or as- meaning given that term under section TACKS IN NEWTOWN, CON- sist in investigations includes the authority to 2332f(e)(6) of title 18, United States Code.’’. NECTICUT deploy tactical response, command and control, The committee amendment in the Mr. REID. Madam President, I ask and other crisis-management assets of the Bu- unanimous consent that the Senate reau, as appropriate; and any such conduct or nature of a substitute, as amended, was assistance shall be understood presumptively to ordered to be engrossed and the bill to proceed to the consideration of S. Res. be within the scope of Federal office or employ- be read a third time. 621. ment.’’; The bill (H.R. 2076), as amended, was The PRESIDING OFFICER. The (3) in section 540A— read the third time, and passed. clerk will report the resolution by (A) in the section heading, by striking ‘‘ Inves- f title. tigation of violent crimes against travelers’’ The legislative clerk read as follows: and inserting ‘‘Investigation of certain violent ELECTING PATRICK J. LEAHY TO A resolution (S. Res. 621) condemning the crimes’’; BE PRESIDENT PRO TEMPORE horrific attacks in Newtown, Connecticut, (B) in subsection (a), by inserting ‘‘, in the in- and expressing support and prayers for all vestigation of violent acts and shootings occur- Mr. REID. Madam President, I ask those impacted by that tragedy. ring in venues such as schools, colleges, univer- unanimous consent that the Senate sities, non-Federal office buildings, malls, and proceed to the consideration of S. Res. There being no objection, the Senate other public places, and in the investigation of 619. proceeded to consider the resolution.

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8090 CONGRESSIONAL RECORD — SENATE December 17, 2012 Mr. REID. Madam President, I ask Japanese did in that period of time at this institution. He was loved by all of unanimous consent that the resolution the turn of the century, to work in the us. I did not always agree with Dan. be agreed to, the preamble be agreed pineapple fields and agriculture, which Occasionally, we had differences about to, the motions to reconsider be laid was a fundamental of the economy for how we use appropriations bills. No upon the table, with no intervening ac- the State of Hawaii. Their conditions one—no one ever, ever accused DAN tion or debate, and any statements re- were not good. They worked hard. But INOUYE of partnership or unfairness. lated to this matter be printed in the they raised their families with pride, He loved Native Americans, and he RECORD. with dignity and honor, and were proud loved his Hawaiians. One of the more The PRESIDING OFFICER. Without to call themselves Americans. rewarding periods of my time here in objection, it is so ordered. DAN INOUYE was as proud as any. As the Senate was being on the Indian Af- The resolution (S. Res. 621) was we know, one of the most shameful fairs Committee under his chairman- agreed to. chapters of American history took ship. Very important pieces of legisla- The preamble was agreed to. place during World War II when an in- tion came out of that committee. It The resolution, with its preamble, credible act of injustice took place. was a great honor for me to have the reads as follows: The United States of America decided privilege to serve with DAN INOUYE. He S. RES. 621 to intern Japanese Americans who loved Native Americans. He knew that Whereas, on December 14, 2012, a mass lived in California. They were put into Native Americans had been wronged in shooting took place at Sandy Hook Elemen- internment camps because they hap- our history. He knew that solemn trea- tary School in Newtown, Connecticut; pened to be Japanese Americans, not ties must be honored by our govern- Whereas the people of the United States because they had done anything wrong, ment even if those treaties sometimes mourn the 26 innocent lives, including those not that they did not love America, but meant that there would be significant of 20 children, that have been lost at Sandy because they happened to be Japanese expenditures of America’s tax dollars. Hook Elementary School in this unimagi- Have no doubt that our treatment of nable tragedy; Americans. By the way, some of those internment camps were in my home Native Americans and the treatment of Whereas the people of the United States Native Hawaiians is not the most glo- will always remember the victims of the pre- State of Arizona. Conditions were not vious mass shootings that have occurred in terrible, but they were not good. Peo- rious chapter in American history the United States and stand in solidarity ple were incarcerated because they when we look back at what happened with the survivors; and happened to be ethnic Japanese. to the proud Native Americans, the Na- Whereas the quick action of law enforce- In Hawaii, there was a group of tive Hawaiians as their civilization col- ment officials and other first responders pre- young Japanese Americans who de- lided with the civilization that came to vented additional losses of life: Now, there- cided that they wanted to serve their the United States of America from fore, be it country and they wanted to serve in around the world. Resolved, That the Senate— DAN INOUYE fought for the things he (1) condemns the senseless attack at Sandy uniform. One of the most well-known and famous and most highly decorated believed in and the principles that he Hook Elementary School in Newtown, Con- held dear. He held nothing more dear necticut, on Friday, December 14, 2012; units of the entire World War II was than the glory of being able to serve (2) offers condolences to all of the students, the battalion in which DAN INOUYE people who needed to be served. teachers, administrators, and faculty of served. They were in many of the most Sandy Hook Elementary School, as well as DAN INOUYE will be missed. There gruesome and difficult blood lettings of will not be another like him. There will their families, and recognizes that the heal- the entire conflict as the American ing process will be long and difficult for the not be another Senator literally de- entire Newtown community; forces fought their way up through prived of his rights. There will not be (3) honors the selfless, dedicated service Italy against a very well trained, very another Senator who will serve in of— well equipped, professional German op- length and with the dedication that (A) the teachers, school administrators, position. DAN INOUYE was a proud DAN INOUYE served this Senate and his school support staff, medical professionals, member of this battalion. In fierce beloved Hawaii. So we will all miss and others in the greater Newtown commu- combat, DAN INOUYE was gravely nity; DAN INOUYE. I hope from time to time, wounded on the battlefield. He was with the bitter partisanship that exists (B) the emergency response teams and law brought home. He, as we all know, lost enforcement officials who responded to the here sometimes in the Senate, maybe his arm as a result of one of the attack; and we could use DAN INOUYE’s record as an (C) the law enforcement officials who con- wounds he sustained. example of bipartisan, of friendship, of Interestingly and coincidentally, he tinue to investigate the attack; and a willingness to reach across the aisle went to a veterans hospital in Chicago (4) remains committed to working together and work with the other side; it char- to help prevent tragedies like this from ever where a person in the same ward, was a acterized DAN INOUYE’s record here in happening again. American Army second lieutenant who the Senate. Mr. REID. Madam President, under- had also been wounded seriously in For some reason, when I heard and standably, Senator AKAKA wants to Italy, one Bob Dole—2LT Bob Dole of thought about Dan’s passing today, I make a statement regarding our friend, Kansas. And there began a friendship was reminded of another person who Senator INOUYE. But Senator MCCAIN that lasted to this day, both gravely died and is buried on the island of has been waiting here for hours. I ask wounded, both dedicated more than Samoa, and his poem is inscribed on unanimous consent that Senator ever to serve their country. Both his gravestone as an epitaph. I think it MCCAIN be recognized for a statement; served with distinction. The friendship, applies to our dear and beloved friend that when we completes that state- the bonds of friendship that were who passed today. It was by Robert ment, Senator AKAKA be recognized. forged in that hospital between Bob Lewis Stevenson. I quote: The PRESIDING OFFICER. Without Dole and DAN INOUYE were unique and Under the wide and starry sky, objection, it is so ordered. enduring. Dig the grave and let me lie. f So DAN INOUYE returned to his be- Glad did I live and gladly die, loved Hawaii. The story goes—and I do REMEMBERING DANIEL K. INOUYE And I laid me down with a will. not know if it is true or not—the story This be the verse you ’grave for me: Mr. MCCAIN. I thank the majority goes that a DAN INOUYE went down to Here he lies where he longed to be; leader. Today, the Senate lost, Amer- join the veterans organization, and Home is the sailor, home from the sea, ica, and especially his beloved citizens when he applied for membership, he And the hunter home from the hill. of Hawaii lost a unique, brave, wonder- was told that the only members they I see my dear and beloved friend, the ful legislator, a man who brought to took in that organization were Cauca- other Senator from Hawaii, DAN this institution the most unique cre- sian. AKAKA, on the floor. dentials I would argue probably of any- DAN INOUYE decided that he wanted I thank you, DANNY, and God bless. one who has ever served in this pretty to continue to serve his country and The PRESIDING OFFICER. The Sen- diverse body. the State of Hawaii. He was the first ator from Hawaii. DAN INOUYE was born of Japanese Senator from the State of Hawaii and Mr. AKAKA. Madam President, it is parents who came to Hawaii, as many has served longer than any Senator in very difficult for me to rise today—

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE December 17, 2012 CONGRESSIONAL RECORD — SENATE S8091 with a heavy heart—to bid aloha to my In the case of DANNY INOUYE, he was world can follow to be great citizens of good friend, colleague, and brother DAN one of the ones who turned the tide in the world. INOUYE. It is hard for me to believe Hawaii politically since 1954, and by DAN, my dear friend and colleague, that the terrible news I just received is 1959 we became a State. Senator you will be missed in Washington as true. Senator INOUYE was a true patriot INOUYE ran for office and was our first much as you will be missed in Hawaii. and an American hero in every sense, Member of the House. After one term, Rest in peace. God bless you and your and he is at this time in Hawaii the he moved to the Senate because Sen- spirit. greatest leader. ator Long decided to retire. As a re- Mr. President, I yield the floor. He served his country as a soldier, re- sult, Senator Matsunaga was elected to The PRESIDING OFFICER. The Sen- ceiving the highest honor our Nation the House and served the House and ator from North Carolina. can bestow. When we think of how he also the Senate as well, and he also was f began to serve his Nation, it is difficult a member of the 100th infantry during UNINTERRUPTED SCHOLARS ACT to believe the difficulty we had in Ha- World War II. But the Japanese Ameri- waii as Japanese Americans. To be a cans really served our country, and Mrs. HAGAN. Mr. President, I ask part of our Nation’s military—we were DANNY INOUYE is one of those great unanimous consent that the HELP denied. We were considered aliens of leaders in the history of this country. Committee be discharged from further this country. But he was one of those Through my career in Congress, I consideration of S. 3472 and that the who wanted to serve their country, and have been proud to be on Dan’s team. Senate proceed to its immediate con- they went to the highest level to re- We have worked on everything from sideration. ceive that dignity, and eventually they appropriations to Native Hawaiian The PRESIDING OFFICER. Without were given the honor to serve our coun- rights, to veterans and to defense. All objection, it is so ordered. try. As we now know, it became the of us in Hawaii looked up to him, and The clerk will report the bill by title. The assistant legislative clerk read greatest unit in military history, with we are so sad to see him go. the most decorations of any unit and as follows: DANNY INOUYE leaves behind him a also with the highest levels of decora- list of accomplishments unlikely to A bill (S. 3472) to amend the Family Edu- tion, of the Medal of Honor. ever be paralleled. His lifelong dedica- cational Rights and Privacy Act of 1974 to He served as a leader, the third long- provide improvements to such Act. tion and hard work in the name of his est serving Member of the U.S. Senate beloved country, the United States of There being no objection, the Senate in our Nation’s history. He served as a America, influenced every part of his proceeded to consider the bill. defender of the people of this country, life and set him apart, even in the Sen- Mrs. HAGAN. I further ask unani- championing historic charges for civil mous consent that the Landrieu sub- rights, including the equal rights of ate. He was a fierce advocate as a sen- ior member of several committees, and stitute amendment, which is at the women, Asian Americans, African desk, be agreed to, the bill, as amend- Americans, and Native Hawaiians. It is the way he conducted himself com- manded respect from all with whom he ed, be read a third time and passed, the an incredible understatement to call motion to reconsider be made and laid him an institution. This Chamber will worked. His legacy is not only the loving fam- upon the table, with no intervening ac- never be the same without him. ily he leaves behind, it can be seen in tion or debate, and any statements re- I remember, in our childhood in Ha- lated to the bill be printed in the waii, that Hawaii was a diversified every mile of every road in Hawaii, in every nature preserve and every facil- RECORD. place. Where I lived in Pauoa Valley, The PRESIDING OFFICER. Without there were many Japanese families ity that makes Hawaii a safer place. He fulfilled his dream of creating a better objection, it is so ordered. who lived around us. There were many The amendment (No. 3345) was agreed nights that I spent sleeping in the Hawaii. He gave us access to resources and facilities that the mainland States, to as follows: homes of our Japanese families, ate (Purpose: In the nature of a substitute) their food, slept on the tatami on the I would say, took for granted. Strike all after the enacting clause and in- floor, and I really was brought up with Tomorrow will be the first day since Hawaii became a State in 1959 that sert the following: the Japanese families. So when the war SECTION 1. SHORT TITLE. broke out, I couldn’t understand what DANNY INOUYE will not be representing us in Congress. Every child born in Ha- This Act may be cited as the ‘‘Uninter- was happening because there were fam- rupted Scholars Act (USA)’’. waii will learn of DANNY INOUYE, a man ilies who were removed from the com- SEC. 2. FAMILY EDUCATIONAL RIGHTS AND PRI- munity, and, of course, at that time who changed the islands forever. VACY. the Japanese American boys weren’t I join all of the people of Hawaii to- Section 444(b) of the General Education allowed to be in the military, but they night in praying for his wife Irene, his Provisions Act (20 U.S.C. 1232g(b)) (com- pursued it because they wanted to son Ken, and his daughter-in-law Jes- monly known as the ‘‘Family Educational serve this country as well. This is why, sica; his stepdaughter Jennifer, and his Rights and Privacy Act of 1974’’) is amend- grand-daughter Maggie, who really ed— in my time in Congress, I did focus on (1) in paragraph (1)— trying to help the Japanese Americans tickle his life. Whenever I had a chance to chat with him, we talked about (A) in subparagraph (J)(ii), by striking in this country and the Asians in this ‘‘and’’ after the semicolon at the end; country as well and to help them Maggie. They brought him so much joy (B) in subparagraph (K)(ii), by striking the achieve what they really earned. in his life and will carry his legacy for- period at the end and inserting ‘‘; and’’; and I remember seeking the Medal of ward. (C) by inserting after subparagraph (K), the Honor for the unit and for those who I am going to miss DAN, and so will following: fought in World War II, and I provided all of us here in the Senate, and this ‘‘(L) an agency caseworker or other rep- the Pentagon with 100 names from great country will also. He represented resentative of a State or local child welfare these units. I was really surprised that a true American, and for us in Hawaii, agency, or tribal organization (as defined in he represented a true Hawaiian in Ha- section 4 of the Indian Self-Determination there were finally 21 of them who were and Education Assistance Act (25 U.S. C. selected for the Medal of Honor, and waii. He served Hawaii and this coun- 450b)), who has the right to access a stu- Senator INOUYE was one of them. But try well. dent’s case plan, as defined and determined that showed that they were willing to DAN and I have worked so well to- by the State or tribal organization, when give their lives for this country, and gether all these years. When I was in such agency or organization is legally re- they did. Since then, he has continued the House and on the Appropriations sponsible, in accordance with State or tribal to serve his country. Committee there, we worked very well law, for the care and protection of the stu- We all used the G.I. bill to be edu- between the House and the Senate. dent, provided that the education records, or cated in Hawaii. We went to the Uni- Many of the renovations that have the personally identifiable information con- come about in Hawaii were because of tained in such records, of the student will versity of Hawaii, graduated from not be disclosed by such agency or organiza- there, and went on to further degrees. Danny, and he really helped to shape tion, except to an individual or entity en- They came back, in a sense, those who Hawaii and this great country. He gaged in addressing the student’s education could help the communities, and be- brought here on Earth a kind of life needs and authorized by such agency or orga- came leaders. that people of our country and this nization to receive such disclosure and such

VerDate Mar 15 2010 06:59 Feb 13, 2013 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD12\DECEMBER\S17DE2.REC S17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE S8092 CONGRESSIONAL RECORD — SENATE December 17, 2012 disclosure is consistent with the State or To be colonel MELINDA B. HENNE MARK A. HINTON tribal laws applicable to protecting the con- LAURA A. BRODHAG DUNCAN G. HUGHES fidentiality of a student’s education KATHRYN G. HUGHES To be major records.’’; and CONSTANCE L. JACKSON (2) in paragraph (2)(B), by inserting ‘‘, ex- ARSHAD M. BACHELANI MONICA L. JOHNSON NICHELLE A. COOK SAMUEL O. JONES IV cept when a parent is a party to a court pro- JUSTIN P. FOX WARREN R. KADRMAS ceeding involving child abuse and neglect (as STEPHANY T. GODFREY GREGORY A. KENNEBECK JOHN D. KLEIN ROBERT S. KENT defined in section 3 of the Child Abuse Pre- CHETAN U. KHAROD vention and Treatment Act (42 U.S.C. 5101 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN M. KINDSVATER TO THE GRADE INDICATED IN THE UNITED STATES AIR TODD T. KOBAYASHI note)) or dependency matters, and the order FORCE UNDER TITLE 10, U.S.C., SECTION 624: is issued in the context of that proceeding, DONALD C. KOWALEWSKI To be colonel JEFFREY D. KUETER additional notice to the parent by the edu- JANICE M. LANGER cational agency or institution is not re- WILLIAM R. BAEZ JEFFREY D. MCNEIL RENEE D. CARLSON DANIEL I. MIRSKI quired’’ after ‘‘educational institution or MARGARET A. CURRY TERENCE B. MITCHELL agency’’. LORI L. EVERETT ANDREW E. MOORE CHRISTOPHER A. GARZA PATRICK M. MUEHLBERGER The bill (S. 3472), as amended, was or- KATHLEEN A. GATES MARK A. NASSIR dered to be engrossed for a third read- DOUGLAS M. LITTLEFIELD JUSTIN B. NAST RICHARD A. MCCLURE STEPHEN L. NELSON, JR. ing, was read the third time, and STEVEN A. REESE THOMAS C. NEWTON passed. ERIC R. SCHMIDT WILFREDO J. NIEVES DARRELL S. SMITH CHRISTOPHER P. PAULSON f BRENT A. SONDAY JOSEPH A. POCREVA COREY M. STANLEY MICHAEL RAJNIK ORDERS FOR TUESDAY, BRYAN K. TALLENT DAVID M. ROGERS RICHARD A. VANDERWEELE DOUGLAS M. ROUSE DECEMBER 18, 2012 MICHAEL D. WEBB JAMES M. SCOTT III Mrs. HAGAN. Mr. President, I ask BRYCE G. WHISLER YVONNE M. SCULLEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FERNANDO SILVA unanimous consent that when the Sen- TO THE GRADE INDICATED IN THE UNITED STATES AIR BRANDON T. SNOOK ate completes its business today, it re- FORCE UNDER TITLE 10, U.S.C., SECTION 624: RICHARD J. STRILKA ROBERT T. SULLIVAN cess until 10 a.m. on Tuesday, Decem- To be major GREGORY B. SWEITZER ber 18, 2012; that following the prayer MICHAEL A. TALL JAKE R. ATWOOD NATHAN L. TAYLOR and pledge, the Journal of proceedings FRANCIS E. BECKER ROBERT E. THAXTON be approved to date and the time for STEVEN M. BENNETT, JR. NICOLE M. THOMAS SARAH S. BONG ANTHONY P. TVARYANAS the two leaders be reserved for their REBECCA K. BRINCKS ANTHONY W. WALDROUP use later in the day; that following any FRANCISCO T. CARLOS DANIEL J. WATTENDORF KUN JANG CHANG LEE D. WILLIAMES leader remarks, the Senate be in a pe- CHI W. CHUNG PAMELA M. WILLIAMS riod of morning business for 1 hour ELIZABETH L. DANG MICHAEL J. WOOD MATTHEW A. DIETRICH BRUCE A. WOODFORD with Senators permitted to speak ADAM J. EGGE ROBERT R. YORK therein for up to 10 minutes each, with NICHOLAS R. EINBENDER SHAWN P. ZARR ARLENE SUGANDHI ESCHE JIANZHONG J. ZHANG the time equally divided and controlled MARK D. FINCHER MELISSA H. FISHER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT between the two leaders or their des- BRADLEY D. HARRELSON TO THE GRADE INDICATED IN THE UNITED STATES AIR ignees, with the majority controlling AARON J. HAYES FORCE UNDER TITLE 10, U.S.C., SECTION 624: MARK D. HOIKKA To be lieutenant colonel the first half and the Republicans con- COLLIN D. HOLMAN trolling the final half; that following DOUGLAS C. HOLMES TANSEL ACAR MIN K. KIM DEBORAH L. ASHCRAFTOLMSCHEID morning business, the Senate resume BRANDON D. KOFFORD AREZOO BARANI consideration of H.R. 1, the legislative ANDREW Q. MADSON ELHAM BARANI KEVIN T. MASKELL STEVEN W. BLACK vehicle for the emergency supple- JARROD R. MCALEVY JACK K. CHUNG mental appropriations bill; and finally, NOAH M. MILLER PEGGY L. DICKSON PAULENCIA L. MORRIS WILLIAM J. DICKSON that the Senate recess from 12:30 p.m. PAULA MORSE AMY E. DYER until 2:15 p.m. to allow for the weekly RYAN D. MURPHY JEFFREY A. FORD MITZI J. PALAZZOLO STEPHEN R. GASPAROVICH caucus meetings. JEREMIAH J. PARKER JEREMY D. HAMAL The PRESIDING OFFICER. Without RACHAEL L. PARRISH BRENT E. HAVEY PETER M. PEDALINO FRED P. KREY objection, it is so ordered. CAMERON L. PERIGO SCOTT J. LAFONT f BRANDON M. PIEPER DAVID R. LUKE III DEANDRA M. PRICE NEWBY BRENT D. MARTIN KELLY A. RAMEY ROGER L. MILLER RECESS UNTIL 10 A.M. TOMORROW THOMAS B. REYNOLDS BRIAN G. MIN Mrs. HAGAN. If there is no further JEFFREY B. ROBINSON MICHELLE M. MOFFA ANITA M. SHADE LEON A. NIEH business to come before the Senate, I BENJAMIN A. SHIRLEY SHANNON K. O KEEFE ask unanimous consent that it recess LISA J. SHOFF PATRICK B. PARSONS NIKOLAY SKY MARK D. ROBERTS under the previous order. MATTHEW S. STRATMEYER JEREMY F. SCARPATE There being no objection, the Senate, JOHN D. TEEPE KHURRAM M. SHAHZAD MEGHAN J. VANDERHEIDEN OSCAR R. SUAREZ SANCHEZ at 7:13 p.m., recessed until Tuesday, ROBERT R. WATSON JAMES R. THOMPSON December 18, 2012, at 10 a.m. MATTHEW T. WILSON SCOTT E. THOMSON BRENT J. WINWARD BRANDON H. WILLIAMS f ROSS A. YOST THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL R. ZACHAR TO THE GRADE INDICATED IN THE UNITED STATES AIR NOMINATIONS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FORCE UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES AIR Executive nominations received by FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant colonel the Senate: To be colonel SAMUEL E. AIKELE CHEMICAL SAFETY AND HAZARD INVESTIGATION PETER S. AIREL KRISTEN J. BEALS ROBIN S. AKINS BOARD TERESA O. BISNETT NIMA A. ALINEJAD DAVID E. BLOCKER ANDREW T. ALLEN RICHARD J. ENGLER, OF NEW JERSEY, TO BE A MEM- CHRISTOPHER J. BORCHARDT GREGORY W. ANDERSON BER OF THE CHEMICAL SAFETY AND HAZARD INVES- KIMBERLY R. BRADLEY MARK A. ANDERSON TIGATION BOARD FOR A TERM OF FIVE YEARS, VICE WIL- DAVID S. BUSH MICHELLE K. ANTON LIAM E. WRIGHT, TERM EXPIRED. ALESIA C. CARRIZALES TIMOTHY P. BALLARD NATIONAL MEDIATION BOARD JAMES A. CHAMBERS ROBERT L. BALTZER, JR. ARTEMIO C. CHAPA JASON BARNETT NICHOLAS CHRISTOPHER GEALE, OF VIRGINIA, TO BE A DIXON L. CHRISTIAN LAURA M. BAUGH MEMBER OF THE NATIONAL MEDIATION BOARD FOR A JOSEPH CONNOLLY III MICHAEL J. BENCA TERM EXPIRING JULY 1, 2013, VICE ELIZABETH DOUGH- JOHN J. COTTON RONALD M. BERNARDIN III ERTY, RESIGNED. RITA L. DUBOYCE JONATHAN M. BISHOP LINDA A. PUCHALA, OF MARYLAND, TO BE A MEMBER TIM D. DUFFY BRYSON D. BORG OF THE NATIONAL MEDIATION BOARD FOR A TERM EX- CHRISTINE R. ERDIELALENA TRACY K. BOZUNG PIRING JULY 1, 2015. (REAPPOINTMENT) JOYCE PASTORE FIEDLER REBEKAH G. BRISCOE IN THE AIR FORCE VAL W. FINNELL ANTOINETTE T. BURNS HOWARD R. GIVENS CASSANDRA J. BURNS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAUL D. GLEASON II KENT D. BURR TO THE GRADES INDICATED IN THE UNITED STATES AIR KERYL J. GREEN SAMANTHA L. BUTLER FORCE UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER M. GRUSSENDORF LYDIA CARPENTER

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YOVANNI CASABLANCA OLIVER J. WISCO HATTIE DAWN KARAMBAY VALERIE J. CASTLE LAUREN J. WOLF JUHEE KIM CHRISTY Y. CHAI MARISSA V. YLAGAN STANLEY J. KIMBALL EDWARD CHAMPOUX MARY ZACHARIAH KURIAN RICHARD C. KIPP MARC A. CHILDRESS DARRELL M. ZAUGG LALEISHA M. KNAPPLE ANDREW Y. CHOI SCOTT M. ZELASKO BENJAMIN L. KOHNEN JARED A. CHUGG THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT L. KONOLD FRANCIS J. CLORAN TO THE GRADE INDICATED IN THE UNITED STATES AIR JAMIE LYNN KRASSOW JAMES D. COLLINS FORCE UNDER TITLE 10, U.S.C., SECTION 624: KEVIN J. KRAULAND JOHNATHAN M. COMPTON RONALD M. KREINBRINK JESSICA J. COWDEN To be major MARIE P. KRIG JUSTIN L. CUMMINGS LINDSEY E. KUSCHNERAIT HOMAYOUN R. AHMADIAN MATTHEW J. DARLING BRIAN E. LANDRETH MICHAEL R. ALCORN STEVEN D. DEMARTINI WINTON P. D. LASLIE JOHN B. ALLIS JUSTIN F. DEVITO RICHARD M. LAW DANIEL M. ANDERSON ROBERT L. EMERY ANNA E. LAWRENCE GREGORY A. ERICKSON ELIZABETH A. BALLARD THOMAS J. LEE, JR. KEVIN A. FAJARDO BENJAMIN D. BARLOW EMILY E. LINK JACQUELINE S. FERNANDES MATTHEW G. BARNES JAYDEE R. LUMBAD CECELIA M. FICEK ALICE E. BARSOUMIAN SHANNON M. MACLEAN IRENE FOLARON PATRICK M. BASILE KEITH P. MADSEN JULIE A. FREILINO ALISON T. BAUM CHRISTOPHER RAY MAHONEY TRAVIS W. GERLACH BEAU J. BAUM MEGHAN E. MALENTACCHI ANNE GRAY RUSSELL A. BAUR ERIN E. MARCHAND KIRBY G. HARVEY, JR. BRAD A. BAWCOM SUSAN M. MARCHIANO RYAN P. HAWKS CARMEN C. BAXTER NICKOLAY P. M. MARKOV ERIC A. HIGH JESSICA L. BEACHKOFSKY ADAM T. MARLER WILLIAM M. HILTON THOMAS M. BEACHKOFSKY MELISSA A. MAY BRIAN K. HOGAN SHANE O. BIEDERMANN STEVEN W. MAYFIELD FAWN S. HOGAN EDMUND L. BLACKLER STEVEN D. MCCAIG ROBERT L. HOLMES ANDREA J. BLAKE HAMPTON L. MCCLENDON DAVID J. HOOPES HEATHER D. BLAYLOCK CAROLYN ELIZABETH MCDONALD JONATHAN C. JACKSON ANDREW P. BOHN KIMBERLY L. MCKINNEY NORRIS J. JACKSON SARAH N. BOWE NICHOLAS D. MCKINNON KEITH J. JOE CASEY D. BOWEN JEFFREY MEADE ROY L. JOHNSON III MATTHEW S. BROCK PABLO O. MEDINA, JR. NURANI M. KESTER HYRUM R. BRONSON KRISTA M. MEHLHAFF MATTHEW R. KEYSOR ANDREW W. BURSAW CHRISTOPHER A. MEINHART DAVID D. KIM KELVIN N. BUSH STEVEN P. MENARD SCOTT ALEXANDER KING KUANG S. A. CHANG JOEL T. METZE MICHAEL J. KRIER KATHRYN M. CHARNOCK AMANDA L. MILLER BRADLEY J. LACHEY NICOLE ANN CHIOTA MCCOLLUM DANIELLE M. MILLER TRISTAN T. LAI WALTER S. CHOATE NATHAN B. MILLER DANIEL R. LAMOTHE SAMANTHA D. CHUPLIS MATTHEW DALE MILLETT DEWAYNE C. LAZENBY CHRISTOPHER P. CLARK MATTHEW R. MINOR HUI LING LI ARTHUR W. CLARKSON YAMIL MIRANDA USUA JOSEPH D. LOVE ROBERT M. CLONTZ II PAUL E. MORRISON SEAN MACDERMOTT HUGH M. COKE III TANISHA K. MORTON MICHAEL C. MAINE ERICA M. COLDIRON DANIEL M. MOSELEY MATTHEW M. MALAN MICHAEL J. CONNALLY EMILY M. NAKAGAWA SALAH F. MASRY JARON B. COOMBS CASEY A. NAUMOFF JOSHUA MATTISON JAMES W. COX LUCAS PAUL NEFF JONATHAN J. MAYER JASON N. CROSSON CHRISTOPHER D. NELSON JOSEPH H. MCDERMOTT ADRIENNE KLINE CUMMINGS MICHAEL SHANE NEWBERRY GREGORY M. MEIS KATHARINE E. DAVIDSON MARY C. H. NUTTER NICHOLAS C. MEXAS JANA M. DAVIS CHARISSA A. OLSON MICHAEL MICHEL JONATHAN C. DAVIS RYAN P. ONEILL RYAN G. K. MIHATA PETRENIA A. DAVIS JOSEPH LEE OTT MARVIN J. MIKESKA MEGHANN L. DEROSIER ERIC C. PARKINSON MICHELLE R. MILNER WYLIE C. DEVERA JASON O. PARKINSON AASIF H. MIRZA RYAN H. DEVINE RYAN D. PEARSON CUONG M. NGUYEN RINO C. H. DIZON THOMAS J. PERCIVAL ERIK V. NOTT ROSS W. DODGE C. J. PICKARDGABRIEL LANCE M. NUSSBAUM DAVID B. DOUGLAS CHRISTOPHER J. PITOTTI ERIK D. OBERG JORDAN P. DOWNING DANNY R. PIZZINO, JR. JASON F. OKULICZ PAUL M. DRAYNA DAVID POLZIN TREMIKAE R. OWENS SILENA C. E. DUKES ADAM W. POWELL THOMAS B. PAYNTER JARROD E. DUMPE MARION R. POWELL ANDREW N. PIKE DAVID A. DY ALAN C. PUDDY PAUL PUCHTA SARAH E. ECCLES BROWN CHRISTINE V. RAGAY BRADLEY S. PUTTY CHRISTOPHER M. EDENS SURAJ S. RAM ROLANDO Y. RAMOS JESSICA BARRY EICHINGER MARIO L. RAMIREZ JOHN S. RENSHAW BLAKE E. ELKINS MICHELLE A. RAMOS DEVIN A. RICKETT KATIE A. ELLGASS BRYAN C. RAMSEY IAN C. RIDDOCK LEAH TATUM ENRIGHT JAIME M. RAWSON JANELLE L. ROBERTSON COREY P. FALCON LAURAE D. RETTIG JON M. ROBITSCHEK TARRA I. A. FAULK KEVIN W. RICH BLAKE C. RODGERS SHAUN M. FELCHER KYLE A. RICKARD JONATHAN M. ROGERS KELLY P. FERRARO ANGELA M. RIEGEL NAPOLEON P. ROUX III PHILIP M. FLATAU DUANE R. ROBINSON MICHAEL J. RUSSELL KATHLEEN V. FLICK LIANA RODRIGUEZ THOMAS L. SALSBURY RODERICK W. FONTENETTE JOSEPH W. ROHRER TAMAR E. SAUTTER JARED R. FULLER JEFFREY D. SARATA TREVOR J. SCHAR JASON C. GARNER KATHLEEN M. SARBER CARRIE A. SCHMID JUSTIN T. GATHERCOAL AMANDA C. SCHAEFER MELISSA SCHOENWETTER CHRISTOPHER J. GORDON RYAN J. SCHUTTER DANIEL R. SCHULTEIS LENA E. GOWRING KEVIN M. SEMELRATH TROY M. SCHWARTZ STACIE M. GRIFFIN BRENNA M. SHACKELFORD ANDREW D. SEDIVY CHENOAH E. GUDEL JESSICA A. SHANK ORTOLANO JAMES D. SENECHAL RYAN A. HACKETT PATRICK L. SHORT AALOK D. SHAH TIMOTHY M. HAFFEY JEREMY D. SIMMONS TAVIS M. SHAW GAYLE D. HAISCHER ROLLO TIFFANY R. SIMPSON ERIC SHERMAN ANDREW B. HALL ANDREW J. SKABELUND JOSHUA M. SILL MATTHEW S. HALL LISA MARIE SKABELUND BRENT W. SMITH STEPHEN L. HALLA MICHAEL J. SLOGIC CHRISTIAN J. SMITH BRIAN S. HAMPSON CORINNE L. SLUSHER LUKE EDWARD STALL KHADIDJA HARRELL JOSHUA M. SMALLEY JONATHAN L. STREETER GEORGE T. HARRIS II CHRISTOPHER L. SMELLEY IVETTE E. SUBER KYLE J. HAZELWOOD ANDRIA L. SMITH DREW N. SWASEY ADAM J. HEISINGER DAVID M. SMITH ARLO M. TAN JONATHAN L. HENDERSON LASHIKA D. SNEED AARON S. THAKER JUSTIN N. HENRY JULIE A. SPEAKMAN JUSTIN J. TINGEY FERNANDO A. HERNANDEZ SCOTT A. STAFFORD TERRILL L. TOPS ADAM N. HERTLEIN EUGEN STANCUT BIANCA TRUONG WILLIAM D. HINOJOSA CHRISTOPHER M. STAUCH CHRISTOPHER M. TSUEDA ALLAN L. HO BENJAMIN E. STONE DOUGLAS C. VANDERKOOI JEFFREY J. HOLLINGSWORTH MATTHEW J. STREITZ LOUIS M. VARNER JAMES D. HONEYCUTT SARA EMSLIE SULTZ GUY C. VENUTI SHAWN I. HOSSAIN JASON R. SUSONG FRANKLIN D. WADDELL JAMES E. HULL SANDRA K. SWEDEAN MARK B. WALL KORI L. HUNT JASON C. SWIGERT CLAUDINE T. WARD ELLEN E. IM CHRISTOPHER SZABO PAMELA P. WARDDEMO AMANDA P. ISBELL HIDEAKI L. TANAKA CHRISTOPHER M. WEBBER DORKA M. JIMENEZ AARON W. TERRY SUK C. WHANG HYON J. JOO ANDREW S. THAGARD BRIAN K. WHITE WASSEM Y. JUAKIEM BAXTER D. THARIN BRYAN M. WHITE KRISTEN L. KAMMERER DAVID B. THOMAS

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SARAH M. THOMAS IN THE ARMY To be lieutenant colonel STEVEN W. THORPE ANDREW M. TIMBOE THE FOLLOWING NAMED OFFICER FOR REGULAR AP- DONALD E. LAYNE FERNANDO R. TOVAR POINTMENT IN THE GRADE INDICATED IN THE UNITED PAMELA J. LEEJOHNSON JAMES J. TSCHUDY III STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: MARK P. MCANDREW ERIC C. UMBREIT To be major SCOTT J. MCATEE KENDALL J. VERMILION NEREIDA ROMERO ALFRED C. ANDERSON CAROLE MAJAL Y. VILLAMARIA To be major LAURA L. VOEGELE THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR ERNEST B. WEBB APPOINTMENT TO THE GRADE INDICATED IN THE PETER C. CHAMBERS DREW S. WEBER UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER JOSEPH F. SUCHER MATTHEW M. WERGER TITLE 10, U.S.C., SECTIONS 531 AND 3064: AUBREY GARRISON WHEELER To be major f JOSEPH D. WHEELER CAROLINE P. WILLIAMS DEANNA R. BEECH CONFIRMATIONS NICOLE M. WILSON HALL THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR SARAH E. WILSON APPOINTMENT TO THE GRADE INDICATED IN THE Executive nominations confirmed by WESTON T. WINKLER UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, MELISSA A. WOLLAN FRANCIS U.S.C., SECTIONS 531 AND 3064: the Senate Monday, December 17, 2012: STUART T. WOOD To be major THE JUDICIARY BRONWYN L. YOUNG MAYRA Y. ZAPATA SHRRELL L. BYARD FERNANDO M. OLGUIN, OF CALIFORNIA, TO BE UNITED SOO B. KIM MICHAEL P. ZEOLA STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT JOE X. ZHANG THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR OF CALIFORNIA. APPOINTMENT TO THE GRADES INDICATED IN THE THOMAS M. DURKIN, OF ILLINOIS, TO BE UNITED UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT U.S.C., SECTIONS 531 AND 3064: OF ILLINOIS.

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TEXAS TECH UNIVERSITY SCHOOL Altoona, Iowa for achieving the rank of Eagle I urge my colleagues to support this bill. OF LAW CELEBRATES 45 YEARS Scout. f OF EXCELLENCE The Eagle Scout rank is the highest ad- vancement rank in scouting. Only about five IN REMEMBRANCE OF CHESTER E. HON. RANDY NEUGEBAUER percent of Boy Scouts earn the Eagle Scout GORDON OF TEXAS Award. The award is a performance-based IN THE HOUSE OF REPRESENTATIVES achievement with high standards that have HON. DENNIS J. KUCINICH been well-maintained over the past century. Monday, December 17, 2012 OF OHIO To earn the Eagle Scout rank, a Boy Scout IN THE HOUSE OF REPRESENTATIVES Mr. NEUGEBAUER. Mr. Speaker, this year, is obligated to pass specific tests that are or- Monday, December 17, 2012 the Texas Tech University School of Law ganized by requirements and merit badges, as marked its 45th anniversary, and I rise today well as completing an Eagle Project to benefit Mr. KUCINICH. Mr. Speaker, I rise to re- to congratulate the faculty, staff, students, and the community. For his project, Cody saved member Chester E. Gordon, a resident of alumni on this milestone. the City of Altoona nearly $3,000 in labor Lakewood, Ohio, for the last 50 years and a The School of Law was the first graduate costs by moving four planting beds with a total constituent of Ohio’s 10th Congressional Dis- professional school at Texas Tech, and it of eighty plants to a new site along a bicycle trict. Chester, who was 81, died on September owes its existence primarily to the efforts of tunnel. This project involved extensive labor 15, 2012. one man–Alvin Allison of Levelland. As Texas and took nearly 60 hours to complete. The Chester Gordon was an attorney, scholar, evolved from an agricultural state to one with work ethic Cody has shown in his Eagle soldier, and citizen. A 1948 graduate of Cleve- a greater focus on industry and professional Project and every other project leading up to land Heights High School, a 1952 graduate of services, there was a growing need for law- his Eagle Scout rank speaks volumes of his Harvard College, and an alumnus of the 1955 yers. Mr. Allison saw an opportunity for Texas commitment to serving a cause greater than class of Western Reserve (now Case Western Tech to fulfill that role, and the idea for the law himself and assisting his community. Reserve University) School of Law, Chester school was born. Mr. Speaker, the example set by this young started practicing law in 1956. He assumed The first class consisted of 72 students, who man and his supportive family demonstrates the practice of his uncle, Harry Hemple, in were trained to practice law, ‘‘in accordance the rewards of hard work, dedication and per- Lakewood in 1963. He served in the U.S. with the highest traditions of professional re- severance. I am honored to represent Cody Army on active duty in Washington, DC as an sponsibility,’’ according to an early history of and his family in the United States Congress. attorney from 1956 through 1958, and then the school. Today, students are still taught to I know that all of my colleagues in the House practiced as a reserve officer until receiving fulfill their greatest potential as they serve their will join me in congratulating him on obtaining his honorable discharge in 1963. communities. the Eagle Scout ranking, and I wish him con- Chester was a lifelong Democrat and polit- Texas Tech Law has grown tremendously tinued success in his future education and ca- ical enthusiast. He met his wife Stephanie, since its founding in 1967, but it has remained reer. who shared his enthusiasm, on the presi- true to its core principles. Although today’s in- f dential campaign trail of John F. Kennedy. coming classes are nearly three times as large They married soon after Kennedy’s victory. as the first class, they maintain a focus on ASTHMA INHALERS RELIEF ACT They worked on and supported many can- practical instruction to prepare students for OF 2012 didates for political office. Their children professional success. learned politics alongside their parents. Their Students can take advantage of joint de- SPEECH OF daughter Merle, whose first baby-steps were grees and nationally recognized programs in HON. GENE GREEN on door-to-door political campaigns with Ches- advocacy, law and science, military law, and OF TEXAS ter and Stephanie, went on to serve several health law. Alumni have consistently high IN THE HOUSE OF REPRESENTATIVES terms as a Cleveland city councilwoman rep- rates of employment and bar passage, and resenting Cleveland’s Old Brooklyn and Brook- work throughout the state and the nation as Wednesday, December 12, 2012 lyn Centre neighborhoods in the 10th Con- lawyers and judges, public servants and ex- Mr. GENE GREEN of Texas. Madam gressional District. I am proud to be among ecutives. Speaker, I support the Asthma Inhalers Relief the candidates for office for whom the Gor- Today, Dean Darby Dickerson is leading Act, H.R. 6190. This bill is simple; it will allow dons campaigned. Texas Tech into the 21st century with an am- remaining stocks of Primatene Mist to be Chester was a man of diverse interests. He bitious strategic plan. Thanks to her hard made available to asthma patients. This is a was a long-time member and past president of work, and the vision and dedication of her drug that was on the shelves for decades, but Beth Israel the West Temple in Cleveland and predecessors, generations of students will was removed due to environmental concerns a member of Beth El—The Heights Syna- continue to flourish at Texas Tech Law. And regarding CFCs. Primatene was not removed gogue in Cleveland Heights. He was a sub- our country will benefit from the expertise and due to safety concerns. scriber and supporter of the Cleveland Or- passion that Tech’s lawyers bring to their Limiting releases of CFCs is important and chestra for over 60 years. A wood turner, work. we must make sure that consumer products Chester was a member of the North Coast I hope you’ll join me today in congratulating do not contain these harmful chemicals. How- Woodturners. A loyal member of the City Club Texas Tech Law on this milestone, and wish- ever, the small remaining amount of of Cleveland, Chester could usually be found ing them well for many years to come. Primatene poses no real threat to the environ- at its Friday Forums each week. On Satur- Guns up. ment and could potentially save the lives of days, Chester was a faithful shopper at Cleve- f Asthma patients in the midst of an attack. land’s West Side Market with his son David. TRIBUTE TO EAGLE SCOUT CODY Right now there are no over-the-counter res- Chester was also active in his alumni associa- GULDNER cue inhalers available. tions, was a long-serving member of the Har- Releasing the remaining doses of Primatene vard Scholarship Committee, and attended his HON. TOM LATHAM is a temporary solution until a non-CFC inhaler 60th Harvard College reunion this summer. OF IOWA is approved by the FDA. I have heard from In addition to Merle, David, and Stephanie, constituents of mine who would greatly benefit his wife of 51 years, Chester is survived by his IN THE HOUSE OF REPRESENTATIVES from access to this medicine. If these inhalers son Abram and daughter-in-law Bess and their Monday, December 17, 2012 endangered their safety, of course, it would daughters Annie and LuLu of Cincinnati; Mr. LATHAM. Mr. Speaker, I rise today to not be appropriate to put them back on the daughter Rachel and son-in-law Joseph of recognize and congratulate Cody Guldner of shelves, but that is not the case. Israel; son Derek and daughter-in-law Jen and

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 04:18 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K17DE8.001 E17DEPT1 jbell on DSK7SPTVN1PROD with E1938 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2012 their children Sam, Henry, and Sophie of community of professionals with research and Michael’s tenure at the Commission has Tuscon, Arizona; and sister Sue Wintner of resources. seen color revolutions in Ukraine, Georgia, Pepper Pike, Ohio. Mr. Speaker and col- To further these goals, ASTD has declared and Kyrgyzstan, tragic massacres and vio- leagues, please join me in remembering Ches- December 3rd through December 7th, 2012, lence in Uzbekistan and Kyrgyzstan, and ter Gordon and joining with his family and as ‘‘Employee Learning Week’’ and des- steps forward towards democracy throughout many friends who are mourning his loss. ignated time for organizations to recognize the the region, and, sadly, many steps backward f strategic value of employee learning. I applaud in the region. He has worked hard to advocate ASTD and its members for their dedication to for activists, journalists, and others arrested CELEBRATING COMPUTER SCIENCE developing knowledgeable and skilled employ- for opposing authoritarian regimes—and, EDUCATION WEEK ees during Employee Learning Week. sometimes against the odds—has been suc- I urge my colleagues to join me in sup- cessful in getting individuals released from HON. JARED POLIS porting policies that commit to maintaining a prison. OF COLORADO highly skilled workforce. Mr. Speaker, I am pleased to recognize and IN THE HOUSE OF REPRESENTATIVES f commend Dr. Michael Ochs for his faithful service to the Commission and in defense of Monday, December 17, 2012 RECOGNIZING DR. MICHAEL human rights and freedom. As he will be retir- Mr. POLIS. Mr. Speaker, I express my sup- OCHS’S 25 YEARS OF SERVICE ON ing at the end of this month, this is also a sad port of Computer Science Education Week, THE COMMISSION ON SECURITY good-bye for me—I have known Michael al- which occurs this week to celebrate the teach- AND COOPERATION IN EUROPE most since he joined the Commission, have ing and learning of computer science in our traveled abroad with him, benefited greatly public schools. The week highlights activities HON. CHRISTOPHER H. SMITH from his expertise, enjoyed his company im- and advocacy to elevate computer science OF NEW JERSEY mensely, and will certainly miss him. education for students at all levels. IN THE HOUSE OF REPRESENTATIVES f Computer science is central to our Nation’s Monday, December 17, 2012 COMMEMORATING THE CITY OF global economic competitiveness. Half of the OAK PARK estimated 9.2 million STEM jobs that will be Mr. SMITH of New Jersey. Mr. Speaker, Dr. created by the year 2020 will be in computing. Michael Ochs has announced his retirement Major U.S. companies—Microsoft, Oracle and from the Commission on Security and Co- HON. SANDER M. LEVIN others—have such jobs available now but operation in Europe, also known as the Hel- OF MICHIGAN can’t fill them because our schools aren’t of- sinki Commission, which I chair. So at this IN THE HOUSE OF REPRESENTATIVES fering them. Despite this employment need, time I’d like to pay tribute to him for his 25 Monday, December 17, 2012 public schools in two-thirds of the states treat years of service to the Commission. Michael Mr. LEVIN. Mr. Speaker, I rise to com- computer science as an elective and only 9 began his work as a member of the profes- memorate the City of Oak Park, and thank the states require computer science for high sional staff on October 1, 1987, a time when residents of Oak Park who have provided me school graduation. Meanwhile, very few states the changes to come in what was then the So- with the honor of representing them in Con- have computer science teacher certification viet Union were unimaginable. Yet within a gress for 30 years. My beloved late wife, Vicki and professional development, and public few years, the Soviet Union had disintegrated, and I, enjoyed lasting friendships with so schools lack coherent computer science succeeded by newly independent states facing many in the community for many years. I have standards and assessments. difficult and sometimes complex transition pe- been proud to see the fabric of this community My bill, the Computer Science Education riods. diversify racially and to watch it develop eco- Act (H.R. 3014) would address these prob- Dr. Ochs joined the staff of the Commission nomically. lems through supports to states, local school after completing his doctoral work in Russian Historically, the area that was to become districts and higher education. So I urge you history, and began his career by monitoring Oak Park existed within Royal Oak Township, to cosponsor this bill, while joining advocates human rights abuses in the Soviet Union. He and was first settled in 1840. The first major and businesses across the country in honoring participated in the first international human housing development came in 1914 when the Computer Science Education Week and sup- rights conference to be convened in the Soviet township sold land to the majestic Land Com- porting a concrete effort to increase American Union, a meeting eventually interrupted by the pany to be developed as the Oak Park sub- jobs. KGB. division. The subdivision was incorporated as f Following the breakup of the Soviet Union, a village on May 3, 1927. The village incor- Michael was an early voice promoting democ- porated as city on October 29, 1945. Planned AMERICAN SOCIETY FOR TRAIN- racy, human rights, and the rule of law in post- developments in the late 1950s resulted in ING AND DEVELOPMENT (ASTD) Soviet states, particularly in the Caucasus and Oak Park being named ‘‘America’s Fastest Central Asia. In the early 1990s, he traveled Growing City’’ at one point. HON. JAMES P. MORAN regularly to the region, working with authori- I have enjoyed participating in so many ac- OF VIRGINIA ties, opposition representatives, journalists and tivities and events in Oak Park like the annual IN THE HOUSE OF REPRESENTATIVES human rights activists to promote democracy 4th of July parade, Dr. Martin Luther King Day and human rights, as well as participating in Monday, December 17, 2012 program and activities sponsored by your early OSCE election observation missions. schools and your strong and vibrant religious Mr. MORAN. Mr. Speaker, I rise today to This early involvement in the newly inde- institutions. acknowledge the American Society for Train- pendent states gave Michael a remarkable I was proud to host several events in the ing and Development (ASTD) as the largest depth of understanding of the region. His ex- city including our Community Resource Fairs association dedicated to the training and de- tensive network of contacts has made him in- where we brought together Oak Park residents velopment profession, recognizing them for dispensable to the Commission as well as with county, state and federal agencies to that their annual Employee Learning Week, held other U.S. government agencies. He is cer- offered critical services within the community. December 3rd through the 7th, 2012. tainly one of our government’s top experts on Mayor McClellen, who was preceded by Members of ASTD come from more than the Caucasus and Central Asia. long-time mayor Jerry Naftely, along with all of 100 countries and connect locally in 120 U.S. Michael’s extraordinary expertise has served the dedicated City Council members and other chapters with 16 international partners. They the Commission well over the years, and has local elected officials continue to move the work in thousands of organizations of all sizes, also been recognized and called on by other City of Oak Park forward, and I look forward in government, as independent consultants, U.S. government agencies. He has earned a to following their success in the years to and as suppliers. reputation for his thoughtful and thorough ana- come. Established in 1943, ASTD is a leader in the lytical skills, which are respected not only with- As I close, I can say with confidence that training and development field. As businesses in the U.S. government, but also within the re- the City of Oak Park and its residents are in seek competitive advantages and growth, gion by both opposition and authorities alike. good hands with Congressman GARY PETERS. learning and development professionals make He also is known for his outstanding language My office will, of course, stay in close touch on sure an organization’s best asset, its employ- skills, including near-native proficiency in Rus- issues that impact Oakland County and south- ees, have the skills they need to help achieve sian, as well as a command of Polish, Azeri east Michigan as we all work together to re- business growth. ASTD serves this important and several other languages. vitalize our Michigan economy.

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A couple months later he was pro- IN THE HOUSE OF REPRESENTATIVES model and predecessor for the citywide Neigh- moted to Supervisory Special Agent, and after Wednesday, December 5, 2012 borhood Councils. Through education, en- a year, he relocated to Fresno, California. gagement, and empowerment, Mr. Ridley- In 2003, Paul continued his work as Super- Mr. LOBIONDO. Mr. Speaker, I understand Thomas equipped and inspired his constitu- a concern has been raised by the gentleman visory Special Agent for Homeland Security In- ents to confront prevailing racial and economic vestigations, and in 2010, he was promoted to from Alaska, Mr. YOUNG and others that word- disparities and improve community and public ing in Section 307 of the Coast Guard and Resident Agent in Charge. His vast experi- policy outcomes. ence and knowledge made him perfect for the Maritime Transportation Act of 2012 relating to Throughout his life, Mr. Ridley-Thomas has job. a vessel’s ‘‘eligibility’’ to participate in the non- shown a dedication and passion for improving AFA trawl catcher/processor sector could po- the health and wellness of communities by in- Mr. Speaker, it should be noted that in addi- tentially be read to result in the loss of fishery spiring participatory engagement to provoke tion to his countless gifts to our country, Paul endorsements for AFA catcher/processors. I change. After earning a baccalaureate degree has been a true champion for my constituents. can affirm that it is not the intent of the legisla- in Social Relations and a master’s degree in He and his team have always been available tion that either existing AFA vessels or rebuilt Religious Studies, he further went on to re- to discuss issues and work together to make or replacement AFA vessels suffer a loss of ceive his Ph.D. in Social Ethics from the Uni- our Central Valley a better place. We are all fishery endorsements merely for being consid- versity of Southern California focusing on So- grateful for Paul’s unwavering commitment ered eligible to participate in a fishery in which cial Criticism and Social Change. He has de- and leadership, but I know he will enjoy more they are not participating. voted his life to the betterment of the people time with his wife of 26 years, Barbara, his As my colleagues know, this provision came of Los Angeles County and has used his lead- children and grandchildren. I ask my col- as the result of a request from the other body ership to bring about effective change in Los leagues to join me today in recognizing the during negotiations with them on a final text of Angeles County. commitment, dedication, and success of Paul the legislation. I can assure my colleagues In addition to this exemplary public service, Leonardi. that it was never contemplated that either ex- Supervisor Ridley-Thomas is deeply com- isting AFA catcher/processors or rebuilt or re- mitted to his roles as father and husband. His f placement AFA vessels would lose, or be pre- wife Avis and twin sons, Sebastian and Sin- cluded from acquiring, fishery endorsements clair, are shining examples of love and inspira- IN RECOGNITION OF just because a federal agency might find such tion that Mr. Ridley-Thomas derives from his CLEVELANDPEOPLE.COM vessels eligible to participate in certain fish- family and graciously shares with the commu- eries. The wording of Section 307, that nity. amends 46 U.S.C. section 12113(d)(2)(C), re- Mr. Speaker, I am proud to have called Mr. HON. DENNIS J. KUCINICH lates to a section in statute pertaining to re- Mark Ridley-Thomas a friend and partner in OF OHIO built or replacement AFA vessels. It creates the fight for social and economic justice. He restrictions on those vessels from entering the has left an indelible mark on Los Angeles, and IN THE HOUSE OF REPRESENTATIVES non-AFA pollock catcher/processor sector as continues to inspire my work in Congress and Monday, December 17, 2012 replacement vessels, but it is not intended to people of Los Angeles. It is a great honor to affect the fishery endorsements for existing recognize his work here on the floor today. Mr. KUCINICH. Mr. Speaker, I rise today in AFA catcher/processors or rebuilt or replace- f recognition of ClevelandPeople.com, a website ment AFA vessels that are not participating in designed to promote the more than 100 dif- the non-AFA trawl catcher/processor sector. RECOGNIZING THE SERVICE OF ferent ethnic and cultural people and events in PAUL A. LEONARDI f Northeast Ohio. HONORING THE WORK OF MARK ClevelandPeople.com strives to embrace HON. JIM COSTA the City of Cleveland’s rich and ethnically di- RIDLEY-THOMAS OF CALIFORNIA verse ethnic and cultural groups by promoting IN THE HOUSE OF REPRESENTATIVES HON. KAREN BASS the ‘‘tossed salad model.’’ Opposed to the Monday, December 17, 2012 ‘‘melting pot,’’ a tossed salad model is de- OF CALIFORNIA signed to embrace and maintain unique cul- IN THE HOUSE OF REPRESENTATIVES Mr. COSTA. Mr. Speaker, I rise today to recognize Paul A. Leonardi for his loyalty and tures. Monday, December 17, 2012 commitment to the United States. He exempli- ClevelandPeople.com’s work is an invalu- Ms. BASS of California. Mr. Speaker, I rise fies a passion for serving others, and we must able documentation and collection of text, vid- today to honor the work of a distinguished commend him for his hard work in keeping our eos and pictures of cultural events that occur public servant from Los Angeles, Mr. Mark country safe. After 28 years of dedicated serv- throughout Northeast Ohio. They truly are cre- Ridley-Thomas. In 2008, Mr. Ridley-Thomas ice to the federal government, Paul is retiring ating ‘‘an archive of this activity (ethnic and was overwhelmingly elected as the first Afri- to spend more quality time with his family. cultural events) that makes Cleveland so can American man to the Los Angeles County In 1973, Paul joined the United States Air unique.’’ Board of Supervisors. This past November, Force. He served as a Security Specialist and Mr. Ridley-Thomas’ leadership was further ac- an Air Force Recruiter for over eight years. In addition to being an archive of cultural knowledged and he was unanimously ap- His various assignments in the military en- events, ClevelandPeople.com has proven to proved by the Board to become the first Afri- abled him to travel all over the United States. be an invaluable resource to Northeastern can American man to chair the Los Angeles Paul was stationed at the Strategic Air Com- Ohio residents, tourists and people seeking to County Board of Supervisors. mand at Wurtsmith AFB, Michigan; the United relocate to the area. ClevelandPeople.com First elected to public office over twenty States Air Forces in Europe Command at RAF has information on nearly every ethnic and years ago, Mr. Ridley-Thomas served with dis- Alconbury, England; the Air Force Logistics cultural group in the city and is also a hub for tinction on the Los Angeles City Council for Command at Hill AFB, Utah; the Air Training ClevelandPeople.com Ambassadors. These nearly a dozen years. He later served two Command as an Air Force Recruiter in Bay ambassadors are leaders among the dozens terms in the California State Assembly, where City, Michigan; and the Strategic Air Com- of cultural groups throughout the city and have he chaired the Assembly Democratic Caucus. mand at Minot AFB, North Dakota. Paul was proven to be invaluable contacts for members Thereafter, he served as a California State honorably discharged in 1981. Paul’s time in of the community and people new to the area Senator where he chaired the Legislative the Air Force prepared him well for his work looking to become involved with their respec- Black Caucus and initiated unprecedented lev- at Immigration and Naturalization Service and tive ethnic groups. els of cooperation and collaboration between the Department of Homeland Security. Mr. Speaker and colleagues, please join me the Black, Latino, and Asian-Pacific Islander Paul began working for INS in 1992 as an in recognizing the work and efforts of Legislative Caucuses. immigration inspector at the Orlando Inter- ClevelandPeople.com.

VerDate Mar 15 2010 04:18 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A17DE8.007 E17DEPT1 jbell on DSK7SPTVN1PROD with E1940 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2012 COAST GUARD AUTHORIZATION Coast Guard has said must be done. Unfortu- brother, relative, and friend to many in Mil- ACT OF 2012 AMENDMENTS nately the ITC tonnage reduction remains in- waukee, he will surely be missed by all. He complete. The provision does not restore the was loyal and committed to his family, the Mil- SPEECH OF vessel’s ITC tonnage to that of the GRT, once waukee community, and the civil rights strug- HON. DON YOUNG the tonnage reducing modification is made in gle. Felmers’ death leaves a void, but his OF ALASKA dry dock. This second step would afford to the memory as a true ‘‘servant leader’’ provides a IN THE HOUSE OF REPRESENTATIVES vessel the same result that other vessels in remarkable legacy and an example of a life well lived. Wednesday, December 5, 2012 the Aqeuos Acadian’s class have, which, through a previous legislative grandfather pro- Felmers lived a life full of accomplishment Mr. YOUNG of Alaska. Mr. Speaker, I rise vision, allows those vessels’ GRT and ITC and distinction during his time with us. He in support of the Coast Guard and Maritime tonnage to be the same. This second step didn’t shy away from controversy and exhib- Transportation Act of 2012. This important bill would not give the vessel a competitive ad- ited extraordinary courage in the face of out- provides the funding and policy support for all vantage relative to other vessels in the Aca- right racial discrimination during his life. He of the programs and missions of the United dian’s class, rather without it the company is was a pioneer on many fronts, starting his ca- States Coast Guard. The bill also includes pol- at a competitive disadvantage with those other reer in 1947 as only the fourth black officer icy and statutory provisions that are important vessels in its class. As time goes by the ves- with the Milwaukee Police Department. Due to to the entire maritime industry. Part of what sel is losing out on potentially millions of dol- his tenacity and failure to acquiesce to racial our U.S. flag vessel industry does is assist us lars of domestic and international work. injustice, he was promoted and became the in developing our energy resources offshore It may be that the ITC provides for recogni- first black sergeant on the police force serving whether in the Arctic or elsewhere. This effort tion of the lower tonnage administratively, but the department and Milwaukee for 36 years. will help us achieve energy independence. the path is not clear whether such an adminis- He supervised roughly 20 officers in the de- Without these working boats being able to op- trative route exists. Again in the case of this partment’s 5th District—two or three of whom erate both domestically and internationally, we vessel, it is essentially being restored to its were black. These same leadership skills and as a nation would be lagging even further be- original tonnage at the time it was built in his concerns for those living in Milwaukee’s hind. We need to do what we can to support 1973. I understand the concern addressed by inner city, catapulted him into a leadership po- vessels that can and will do this work. the ITC of vessels substantially changing their sition as President of Milwaukee’s NAACP in One such provision in this Coast Guard bill size. A larger vessel should be regulated at a 1987. As its president for 12 years, Felmers addresses the tonnage situation of the vessel larger tonnage. However, I have not been was a formidable advocate on behalf of the Aqueos Acadian. The world of tonnage meas- made aware of any vessel that fits this fact black community. He spoke out on issues in- urement is an arcane and complicated subject. pattern of being enlarged and then substan- volving the lack of equal access to housing, However, it is vital to the operation and eco- tially altered to be restored to its original ton- jobs, education, and he was party to the ‘‘red- nomics of any vessel. In this case the Aqueos nage. Unfortunately, the way that the ITC ad- lining’’ lawsuit that successfully challenged the Acadian, in its original configuration in 1973 dresses this situation is to forever assign a practice of denying mortgages to blacks. Felmers was not only known for his fight in when she was built, was certified in Coast vessel a higher tonnage even if it in fact has the civil rights arena, but also for his role in Guard documentation to be 274 Gross Reg- been reduced. That is simply unfair. Other creating economic development opportunities istered Tons (GRT), which is the official do- vessels of the same class which did not un- in the inner city. Because of his interest in mestic tonnage measurement. Later in her ca- dergo the enlargement are now enjoying a building up the black community and devel- reer, the vessel underwent modifications (addi- lower ITC tonnage. The equities are that this oping job opportunities, he became the Presi- tion of a closed-in ‘‘shelter deck’’), which in- vessel should be similarly recognized once re- dent of the Central City Development Corp., creased her domestic tonnage (GRT) as well stored. This is an equitable case for assigning which built the Central City Plaza, a motel and as her international tonnage, which is meas- it the ITC tonnage as though it had not under- shopping center on 6th and Walnut Street. ured differently than domestic tonnage under gone the earlier enlargement. the International Tonnage Convention (ITC) While there may be a way to do this admin- This further led to his becoming the founder rules. Later still in the vessel’s history, the istratively, that process has not been made and president of North Milwaukee State Bank, modifications that increased the tonnage clear and seems to be a maze of arcane Inter- Wisconsin’s first black-owned bank. In addition measurements were removed and the vessel’s national Maritime Organization procedures. to his years as NAACP president, Felmers official documents were then issued by the Thus, the case for correcting the international also served as president of the Milwaukee Coast Guard and ABS to reflect that the GRT tonnage for this vessel is a compelling one Urban League, and in 2000, Gov. Tommy had been reduced to 275, almost exactly the based on a unique situation. The recognition Thompson dedicated Milwaukee’s new men’s original GRT of 274. Vessels that are greater of such a unique case as this would not un- correctional center on N. 30th Street as the than 300 GRT have safety and manning re- dermine the U.S. credibility or the ITC itself, or Felmers 0. Chaney Correctional Center. Mr. Speaker, the Milwaukee community quirements that are substantially more com- cause any backlash in the international com- stands in awe of all that Felmers did to give plicated than vessels at or below 300 GRT. At munity. This vessel should not be force fit into back to this community. He has left an indel- the time of the certification of the down-sizing a regime that does not recognize its cir- ible mark on me and on those who have cho- modifications reducing the GRT, the ITC ton- cumstance. We need vessels such as the sen to enter public service as a career. nage was not reduced because the Coast Aqueos Acadian to develop offshore energy Felmers has left a beautiful legacy through his Guard’s ability to administratively reduce inter- resources as soon as possible. This provision family. Our community and the Fourth Con- national tonnage, once it has gone up, is ei- gets part of the job done and in time perhaps gressional District of Wisconsin is a much bet- ther extremely arcane or non-existent—even if an additional measure is needed. In the mean- ter place to live and work because of him. I the vessel’s domestic and international ton- time, I strongly urge the Coast Guard to de- thank him for the many families and individual nage has in fact been reduced. velop an administrative solution and I ask the Aqeuos Corporation purchased the vessel lives he touched over the years. Coast Guard to consider all of the factors May God be with all who mourn in the days for offshore work and, as stated above, its offi- mentioned above. cial documents reflected that the GRT had and months ahead. Along with my staff, I send f been reduced to below 300 GRT. Relying on my thoughts and prayers. those Coast Guard and ABS issued docu- PASSING OF MR. FELMERS f ments, the company sought Coast Guard ad- CHANEY TRIBUTE TO EAGLE SCOUT ministrative help to reduce the ITC tonnage MICHAEL GREENFIELD commensurate with the recognition that the HON. GWEN MOORE GRT had been reduced (prior enlarging modi- OF WISCONSIN fications removed). In the Coast Guard Au- HON. TOM LATHAM IN THE HOUSE OF REPRESENTATIVES OF IOWA thorization bill (H.R. 2838) just enacted this IN THE HOUSE OF REPRESENTATIVES week, there is language that allows the com- Monday, December 17, 2012 pany to keep operating the vessel under its Ms. MOORE. Mr. Speaker, it is with a heavy Monday, December 17, 2012 current documentation (below 300 GRT) and heart that I write to express my sincere condo- Mr. LATHAM. Mr. Speaker, I rise today to allows time to complete the tonnage reducing lences to the family and friends of Mr. Felmers recognize and congratulate Michael Greenfield modifications that were not done by the pre- Chaney, a respected and influential commu- of Clive, Iowa for achieving the rank of Eagle vious owners of the vessel but which the nity leader. A loving husband for 70 years, Scout.

VerDate Mar 15 2010 04:18 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A17DE8.011 E17DEPT1 jbell on DSK7SPTVN1PROD with December 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1941 The Eagle Scout rank is the highest ad- [From the Nation, Oct. 22, 2012] enough to eat. He led the efforts in the Sen- vancement rank in scouting. Only about five GEORGE MCGOVERN, THE ‘‘ATTICUS FINCH’’ OF ate—along with Senator Bob Dole—to ex- percent of Boy Scouts earn the Eagle Scout AMERICAN POLITICS pand food and nutrition programs. Award. The award is a performance-based (By Jim McGovern) He also couldn’t tolerate the hundreds of achievement with high standards that have George McGovern lived to be 90. By any millions of people all around the world who measure, he had a long and productive life. were hungry. I will never forget attending a been well-maintained over the past century. meeting with the Senator and President To earn the Eagle Scout rank, a Boy Scout Yet I can’t help but feeling sad—not just be- cause I lost my most treasured friend—but Clinton in 2000, when George McGovern pro- is obligated to pass specific tests that are or- posed an international program aimed at ganized by requirements and merit badges, as because the world lost a consistently steady and refreshingly liberal voice of sanity and guaranteeing every child at least one nutri- well as completing an Eagle Project to benefit common sense. tious meal a day in a school setting. Bill the community. For his project, Michael pre- To me, George McGovern was the ‘‘Atticus Clinton listened intently and then said, sented a Food Allergy Safety Seminar to a va- Finch’’ of American politics. Like the main ‘‘Let’s do it.’’ That was the magic of George riety of local groups. The work ethic Michael character in Harper Lee’s brilliant novel To McGovern; he could get you to believe that anything was possible. And today, the has shown in his Eagle Project and every Kill A Mockingbird George McGovern spoke the truth even when—especially when—it McGovern-Dole Food for Education Program other project leading up to his Eagle Scout is feeding millions of kids and helping them rank speaks volumes of his commitment to was uncomfortable. He spoke the truth about the folly of Viet- get an education. serving a cause greater than himself and as- nam and our excessive military budget. He At a recent celebration of his 90th birth- sisting his community. spoke the truth about corruption in the day, he told me he wanted to live another 10 Mr. Speaker, the example set by this young Nixon White House. And he spoke the truth years to ensure that hunger on this planet is man and his supportive family demonstrates about the tragedy of hunger in the United no more. He had a lot more work to do. the rewards of hard work, dedication and per- States and around the world. He paid a heavy Like Atticus Finch, George McGovern severance. I am honored to represent Michael political price for his candor and honesty. never gave up. He loved his country and dedi- and his family in the United States Congress. But as he always said, ‘‘there are worse cated his life fighting for what is ‘‘just and I know that all of my colleagues in the House things than losing an election.’’ George noble in human affairs.’’ The world is going McGovern never lost his soul and he never to miss George McGovern. I already do. will join me in congratulating him on obtaining betrayed his conscience. the Eagle Scout ranking, and I wish him con- In 1997, when I was being sworn-in as a tinued success in his future education and ca- freshman member of the United States [Center for American Progress, Oct. 25, 2012] reer. House of Representatives, I asked him to THINK AGAIN: GEORGE MCGOVERN—A f stand by my side as I took the oath of office. LIFETIME OF CONSCIENCE AND COURAGE During a rather long ceremony leading up to IN HONOR OF MR. ROBERT the big moment, I asked him if he had any (By Eric Alterman) MACLEOD advice. He gave me the same advice he re- George McGovern’s passing on Sunday at ceived when he started out: ‘‘If you want to the age of 90 provides further evidence, as if be a good member of Congress you have to any were needed, that if you live long HON. LARRY KISSELL get over the fear of losing an election.’’ enough, even your adversaries will end up OF NORTH CAROLINA Having just won a close, hard-fought elec- singing your praises. Consider first these at- IN THE HOUSE OF REPRESENTATIVES tion, I was expecting him to say: ‘‘keep your tacks on the late senator and presidential head low’’ or ‘‘don’t make any waves.’’ But Monday, December 17, 2012 candidate in the 1972 election. George McGovern believed that serving in Writing a few years ago in the journal De- Mr. KISSELL. Mr. Speaker, I rise today in Congress was a rare privilege, that it was an mocracy, American historian and journalist honor of Mr. Robert MacLeod, and his service opportunity to move the country forward in- Rick Perlstein quoted the following attacks to the United States of America as a member stead of a constant struggle to get oneself re- on Democratic candidates by various Demo- elected. crats and liberals: of the United States Coast Guard. I have tried to heed that sage advice as Due to his exceptional service in the Coast much as possible—although, to be perfectly In 2003, Al From and Bruce Reed with the Guard, Mr. MacLeod was awarded the Viet- honest, I haven’t yet completely gotten over Democratic Leadership Council wrote, nam Service Medal with two bronze stars, the the fear of losing an election! ‘‘What activists like [Howard] Dean call the National Defense Service Medal, and the Viet- My first encounter with Senator McGovern Democratic wing of the Democratic Party is nam Campaign Ribbon with Device. After was from a great distance in 1972. As a 7th an aberration: the McGovern-Mondale wing, grader in Worcester, Massachusetts, I tried defined principally by weakness abroad and serving our nation during the Vietnam War, elitist, interest-group liberalism at home.’’ Mr. MacLeod co-founded the Metrolina Viet- mightily to get him elected President of the United States. While he lost 49 states, he did The very next year, a Democrat worrying nam Veterans Association in Charlotte, NC. carry Massachusetts. that Sen. John Kerry (D–MA) was veering He was the inaugural president of the United During my college years, I interned in his left on Iraq during his run for the presidency States Coast Guard Lightship Sailors Associa- Senate office, and then in 1984, I ran his Mas- was quoted in The New York Times saying tion of America at its inception, and led efforts sachusetts campaign when he tried again for the 2004 presidential nominee was ‘‘[c]oming for the establishment of numerous monuments the presidency. I will never forget his power- off like George McGovern.’’ honoring men and women who have served ful appeal to voters to stay true to their own When Ned Lamont won the 2006 Con- our country. principles and values when he declared, necticut Democratic primary for the U.S. ‘‘Don’t throw away your conscience.’’ Senate but lost in the general election to Today, I ask all Members of Congress to George McGovern was perhaps the most join me in honoring Mr. MacLeod, a great Sen. Joe Lieberman (I–CT) who ran as an courageous man I’ve ever known. And it was independent, political journalist Jacob American, and resident of North Carolina, the not just because he was a bomber pilot in Weisberg recalled in the Financial Times state which I am proud to represent. World War II, fighting against Hitler and how McGovern lost 49 states in his presi- f winning the Distinguished Flying Cross for dential run because of ‘‘his tendency toward his service. I admired him for his guts, in isolationism and ambivalence about the use HONORING FORMER SENATOR being who he was, in conservative South Da- of American power in general.’’ kota. To oppose the war in Vietnam was not GEORGE McGOVERN Then there’s Martin Peretz, the former easy in the early 1960s. Yet, George McGov- owner and publisher of The New Republic, ern’s valiant and sincere position was right, America’s alleged flagship liberal publica- HON. JAMES P. McGOVERN and the voters of his home state sent him to tion for 37 years, who explained, ‘‘I bought OF MASSACHUSETTS the United States Senate three times. The New Republic to take back the Demo- He came across as a gentle man but he had IN THE HOUSE OF REPRESENTATIVES cratic Party from the McGovernites.’’ a spine of steel. He was decent and kind. He Monday, December 17, 2012 wasn’t afraid of the political consequences of This cliched version of McGovern’s politics Mr. McGOVERN. Mr. Speaker, my dear his liberalism and never trimmed his sails was never accurate, but it became a stick friend, Senator George McGovern, passed for the convenience of the moment. His with which hawkish journalists and politi- steadfastness used to drive his staff crazy. cians tried to beat back dovish ones. In fact, away last October at the age of 90. He rep- no Democrat, and perhaps no modern politi- resented the best of the Democratic Party and But every one of them knew they were work- ing for a great man. cian at all, can be said to have shown more the best of American politics. His voice and Senator McGovern was obsessed with the courage, more grit, and more determination decency will be missed. issue of hunger. He was ashamed that in the than George Stanley McGovern. I submit two articles that pay tribute to this richest, most powerful nation on the planet, Yes, folks, the ‘‘elitist’’ liberal was born in remarkable man. millions of our fellow citizens don’t have the 600-person farming community of Avon,

VerDate Mar 15 2010 04:18 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K17DE8.003 E17DEPT1 jbell on DSK7SPTVN1PROD with E1942 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2012 South Dakota, and grew up nearby in the society.’’[51] Though he was not well known, doesn’t mean we would have won, but the equally small town of Mitchell. A bashful Robert Kennedy had judged McGovern to be first impression would have been a very fa- son of a Methodist minister, McGovern grew ‘‘the most decent man in the Senate,’’ and he vorable one.’’ wary of ‘‘the excessive emotionalism of some was hardly alone in this view.[6] The press, however, was never enamored evangelists’’ as he came of age in an America Following the disastrous 1968 presidential with McGovern nor the changes his sup- where his father was occasionally com- contest, which saw Richard Nixon elected porters sought to bring to American poli- pensated not in cash but in cabbage.[1] (beating then-Vice President Hubert Hum- tics—this despite the widespread belief that As his Wikipedia entry explains: phrey), McGovern returned to the Senate Nixon and company were up to no good, espe- [McGovern] volunteered for the U.S. Army and became its leading voice on Vietnam. He cially with regard to that odd break-in at Air Forces upon the country’s entry into co-sponsored an amendment with liberal Re- Democratic headquarters at the Watergate World War II and as a B–24 Liberator pilot publican Sen. Mark Hatfield of Oregon to cut complex. Columnists Rowland Evans and flew 35 missions over German-occupied Eu- off funding for the war by the end of Decem- Robert Novak quoted an anonymous Demo- rope. Among the medals bestowed upon him ber 1970. McGovern was so committed to the cratic colleague—later revealed, amazingly, was a Distinguished Flying Cross for making cause that he refinanced his house to pay for to be the man who ended up (briefly) as a hazardous emergency landing of his dam- airtime on behalf of his bill. McGovern’s running mate, Sen. Thomas aged plane and saving his crew. Taking to the floor of the Senate, McGov- Eagleton—saying McGovern was the can- Upon returning and earning a bachelor’s ern broke all previous protocol and accused didate of ‘‘acid, amnesty and abortion.’’ degree from tiny Dakota Wesleyan Univer- ‘‘every senator in this chamber’’ of being That label was repeated endlessly, to the sity, the young veteran did a brief stint at ‘‘partly responsible for sending 50,000 young point where America’s most influential pun- Garrett Seminary in Chicago before enroll- Americans to an early grave. This chamber dit, The New York Times’s James Reston, in ing in the graduate history program at reeks of blood,’’ he said.[7] It was only his his column the Sunday before Election Day, Northwestern University, eventually earning colleagues’ fondness for him and their appre- said ‘‘the thought that the American people his doctorate. There, McGovern would both ciation for his sincere anguish over the war, are going to give Mr. Nixon and his policies anticipate and then echo revisionist Cold which inspired this unprecedented attack, and anonymous hucksters and twisters in War historians, among them William that allowed his relationships in the body to the White House a landslide popular victory Appleman Williams and Fred Harvey Har- survive this serious break with the Senate’s . . . is a little hard to imagine.’’ And yet of rington, who held that Harry Truman and tradition of comity and collegiality. the 1,054 dailies surveyed by Editor and Pub- company, rather than Stalin’s Soviet Union, After failing to move his Senate col- lisher, 753, or 71.4 percent, endorsed Nixon; were largely responsible for causing the Cold leagues, however, McGovern took his argu- only 56 papers backed McGovern.[13] War. McGovern explained that ‘‘we not only ments to America’s universities where Of course the view of McGovern that per- overreacted’’ to the Soviet Union but ‘‘in- antiwar fervor was high among both students meated the media for decades was exactly deed helped trigger’’ the Cold War ‘‘by our and faculty.[8] His traveling and his remak- wrong. Not only was he no elitist, pacifist own post-World War II fears.’’[2] He wrote ing of the Democratic Party went hand in isolationist, or hippie, but he was actually his doctoral dissertation on the 1913 Colo- hand as students and peace activists flocked more willing to use military force than most rado coal strike, and his research would later to his cause. McGovern announced his presi- of his Senate colleagues, whether Republican lead him to demonstrate much greater sym- dential candidacy in January 1971. or Democrat, under the proper cir- pathy for unionized workers than pretty McGovern’s young staff worked until ex- cumstances. In 1978, for example, he called much any other Farm Belt politician. haustion pushing their candidate to for an international military force to oust McGovern taught briefly at Dakota Wes- frontrunner status in the Democratic pri- the genocidal dictator, Pol Pot, from Cam- leyan College before returning home to maries and eventually to winning the party’s bodia—a move that, had it happened, might South Dakota to undertake yet another un- 1972 presidential nomination. But it was in have saved millions of innocent lives. likely and quite daring adventure—to almost many respects a pyrrhic victory, as the Clearly, McGovern had the kind of courage single-handedly build the state Democratic Democratic party was broken in half, with that led him to say and do whatever he Party organization. He had to scrounge to its more conservative and establishment-ori- thought was right, regardless of what it led stay afloat, sleeping on friendly couches or ented members sticking firmly to the ‘‘Any- others to say about him. When he felt that in his car as he crisscrossed the state, per- body but McGovern’’ stance—a strategy that his party was moving too far right in 1984, he sonally recruiting 35,000 new Democrats.[3] had failed to slow the McGovern juggernaut risked ridicule again by challenging his par- He then deployed the organization to run on its way to the Miami convention. ty’s presidential candidates in the primary for Congress in 1956 and later for the U.S. McGovern’s organization, together with season, even suggesting that one of his oppo- Senate. He lost his 1960 Senate bid (and lost the party’s new rules that he had helped to nents and the party’s eventual nominee Wal- his House seat in the process) but succeeded draft, changed the nature of the nominating ter Mondale’s calls for higher taxes to pay two years later—serving as the head of the process and were key to his convention vic- for essentially Republican goals was not the Kennedy administration’s Food for Peace tory. While women at the 1968 Democratic best direction for the Democratic Party to program in-between, marking a lifelong com- National Convention constituted just 13 per- take. His key phrase, ‘‘Don’t throw away mitment to feeding the hungry worldwide, cent of delegates, they comprised 40 percent your conscience,’’ was a decidedly politics- and making valuable friends inside the ad- in 1972.[9] Just as important, old-style polit- free declaration at the time (and ours). ministration. ical bosses and their minions were success- McGovern was mocked and attacked for McGovern first came to national promi- fully kept away. The delegation from Illi- this by most pundits, including the ‘‘dean’’ nence toward the end of the 1968 campaign nois, led by Chicago Mayor Richard J. Daley, of the national press corps, The Washington for the Democratic nomination for the presi- was rejected for its dearth of women and Post’s David Broder. Still McGovern cam- dency. Following the June 6 assassination of younger members and replaced by one led by paigned on distinguishing himself by forcing presidential candidate Robert F. Kennedy in the Rev. Jesse Jackson.( 10) And of the New the rest of the Democratic candidates to di- Los Angeles, his devastated supporters first York delegation, AFL–CIO president George rect themselves to a panoply of issues they tried to convince his younger brother Ted Meany reportedly complained, ‘‘They’ve got would have preferred to ignore. By the time Kennedy to assume the mantle of RFK’s six open fags and only three AFL-CIO rep- he bowed out of the primary race, Broder peace-and-civil-rights-themed campaign. But resentatives!’’[11] issued an apology in his syndicated column, Ted was in no shape, physically or emotion- As liberal a candidate as any major party which McGovern framed and hung on the ally, to do so. In one of history’s forgotten had ever nominated, McGovern gave a mag- wall of his dingy Washington, D.C., campaign footnotes, McGovern took up the cause. nificent acceptance speech at the 1972 Demo- office above a Dupont Circle Greek deli. Announcing his candidacy in the Senate cratic National Convention, but almost no- McGovern spent the balance of his post-po- caucus room in August 1968, McGovern ex- body saw it as the chaotic convention could litical career working to reduce world hun- plained what prompted his decision: not be brought to order for it to be delivered ger. As writer and blogger Rich Yeselson Vietnam—the most disastrous political before 2:45 a.m., long after its television au- writes in The American Prospect, with ‘‘Rob- and military blunder in our national experi- dience had gone to bed. Almost all that was ert Dole, a Prairie politician of a different, ence. That war must be ended now—not next remembered of his speech were the words but also recognizable ideological lineage—he year or the year following, but right now. ‘‘Come home, America,’’ which even in the rationalized the Depression era food stamp Beyond this, we need to harness the full spir- age of declining support for the disastrous program, and it became one of the most im- itual and political resources of this nation to Vietnam War would prove a decidedly dou- portant low-income stabilizers of the Amer- put an end to the shameful remnants of rac- ble-edged sword. The slogan was manipulated ican social insurance state.’’ ism and poverty that still afflict our land.[4] by his opponents to imply the unfair ‘‘isola- In McGovern’s final book, What It Means McGovern’s goal was to try to reanimate tionism’’ charge, rather than McGovern’s to Be a Democrat, released in November 2011, the antiwar passion of the Kennedy crusade clear intent, which was to prioritize Amer- he worries about what he calls the ‘‘insid- with his own brand of simple Midwestern ica’s problems at home, rather than abroad. ious’’ political air of Washington, driven in morality. ‘‘I wear no claim to the Kennedy [12] part by liberals’’ inability to expose and de- mantle, but I believe deeply in the twin goals In a 2004 interview McGovern said he feat the ‘‘extremism’’ of the new conserv- for which Robert Kennedy gave his life—an thought ‘‘if the country had heard me for 45 ative movement. ‘‘We are the party that be- end to the war in Vietnam and a passionate minutes in prime time, it might have lieves we can’t let the strong kick aside the commitment to heal the division in our own changed the outcome of the election. . . . it weak,’’ he writes. ‘‘Our party believes that

VerDate Mar 15 2010 04:18 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A17DE8.014 E17DEPT1 jbell on DSK7SPTVN1PROD with December 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1943 poor children should be as well educated as rines and his family of Loxley Alabama. John- but I won’t moan, and I won’t beg . . . those from wealthy families. We believe that ny has one of the most dangerous jobs in The And I’d do it all over again, everyone should pay their fair share of taxes United States Marines, and on July 2nd 2011 because I’m so proud to say that I took that and that everyone should have access to stand! health care.’’ SSGT Morris was almost killed in an IED blast All so my wife Natalie, Such unapologetic open-heartedness might as he was sweeping for explosives. He lost and my son Gage can live in a free land that not appeal to many pundits but it took more his leg and almost his life, but he never lost is so free . . . courage, toughness, and patriotism to keep his faith or his courage. Him and his lovely As here I so stand, fighting for them for more than seven dec- wife Natalie and their new son Gage are a with my family in hand and a smile on my ades without rest despite the mockery and great American story and family. All you need face . . . derision of those deemed to be the ‘‘respon- to do is spend 10 minutes with this young man It’s just a speed bump on the road of life, and I have no regrets and as I’m not losing sible’’ ones. and you will walk away inspired and im- I had dinner with McGovern during the 2008 pace! presidential campaign. We discussed our pressed. They make us all proud to be Ameri- So you better start running, hopes for that election, and he told me that cans. I submit this poem penned in in his if you want to catch up to me so don’t wait at no time during those years did not he feel honor by Albert Caswell. ... himself to be fighting for causes that were, I’M EOD Because, I got nothing to complain about ... in most politicians’ minds, marginal. And I’m EOD . . . compared to all of my Brothers who are now neither, I can tell you, did McGovern ever So don’t mess with me . . . in the ground . . . consider dropping those issues and causes I’m country and I like it . . . As why I so honor them on each new day, and allowing himself a more pleasant and I’m a United States Marine! as I so awake with a smile on my face . . . less demanding life. And I Roll with The Tide . . . And for them I will always so feel the wind A final footnote: The only staffer working And whenever they win National Champion- in my face, in that dingy Greek deli in 1984 was a young- ship, and so carry them with me so every place! ster also named James McGovern (no rela- it makes me so all warm so inside . . . tion). Thirteen years later, George McGovern As I take what my Lord has so given to me, I’ve got a beautiful wife, as I’m just glad to be back in these here The stood by a still-pretty-young James as he and Natalie she’s but the love of my life . . . took the oath as a freshman member of the United States! And I’m EOD and I’m as bad as can be! All in this most beautiful place . . . 105th Congress, representing the 3rd Congres- And now our baby son Gage, sional District in Massachusetts, where he That we call The U. S. Of A. he makes it three! In soon back in sweet Alabama hip . . . hip remains today as one of America’s most far- Because, sighted, idealistic, and simultaneously, . . . hooray! in this US of A . . . And when I’m so done my rehab, tough-minded representatives—in other there’s nothing you can not so be! words, a genuine ‘‘McGovernite.’’ I’m going back to my sweet home Bama one And I’m all dressed in those Most Magnifi- day . . . ENDNOTES cent Shades of Green, Living large, [1] George McGovern, Grassroots: The that’s where you’ll see me convene! and grow old and so grey! Autobiography of George McGovern (New For as long as you work hard, Because, when you’ve lived on the edge of York: Random House, 1977), 5. and in your self so believe . . . death . . . [2] Ibid., 41. That’s why this Father’s son, And you’ve so witnessed your magnificent [3] Bruce Miroff, The Liberals’ Moment: became oh yes one of those few ones so in- Brother’s own death . . . The McGovern Insurgency and the Identity deed . . . With tears in your eyes, Crisis of the Democratic Party (Lawrence: Who stand ever so tall, while holding them tight, University Press of Kansas, 2007), 33. and so protect us all . . . as they give them last rites . . . [4] Quoted in: Gloria Steinem, Outrageous Yea, and so fight to be free . . . As than you so understand, Acts and Everyday Rebellions (New York: yea that’s The Leather Neck all in me! just how lucky you are man, just to be alive! Holt, Rinehart, and Winston, 1983), 87–88. All dressed all in Those Most Magnificent And how you are so very blessed, [5] McGovern, Grassroots, 121. Shades of Green . . . to have so known such magnificent men such [6] Quoted in: Hunter S. Thompson, Fear Oh yes, as this! and Loathing: On the Campaign Trail ’72 I am so proud as can be . . . And carry them in your hearts each day! (New York: Warner, 1973), 127. But to be a United States Marine! And for all of them now, [7] Miroff, The Liberals’ Moment, 38. So let it be said, I will so live a great life to make them so [8] Ibid., 43. that I’m ajar Head and so proud so to be! proud! [9] Bruce Schulman, The Seventies: The Yes, I’m EOD, And to all of their children and to all of their Great Shift in American Culture, Society, and I’m as bad as can be! wives, and Politics (New York: DaCapo, 2001), 166. Because, me and my brothers . . . and to their moms and their dads standing [10] Justin Vaisse, Neoconservatism: The my fellow Marines . . . here with tears in my eyes . . . Biography of a Movement (Cambridge: Har- So go where angels so fear to tread, I will always let them know that they were vard University Press, 2010), 84. as ever we’re seen! but the best, [11] Meany is quoted in: Philip A. Klinkner, Right there but on that very edge death, and in our hearts so keep them alive! The Losing Parties: Out-Party National if you know what I mean . . . Because they were EOD, Committees, 1956–1993 (New Haven: Yale Uni- Because, we are EOD and we are as bad as and were as brave as could be! versity Press, 1994), 106. can be! Yea, Heroes like you SSGT Morris, [12] Theodore White, The Making of the While, in one another we all do so believe! have our Country Tis of Thee So Blessed! President, 1972 (New York: Atheneum, 1973), As a Band of Brothers so all dressed in As They So Teach Us! 196–197. Green! And So Beseech Us! [13] James Baughman, The Republic of Doing what most people would not so choose As we so watch their fine hearts so crest . . . Mass Culture: Journalism, Filmmaking, and to be! Yea, Johnny your EOD . . . Broadcasting in America Since 1941 (Balti- Being EOD! and oh how do you make me so proud but be more: Johns Hopkins University Press, 1992), But, I do it all again . . . an American you see! 177. But for my sweet Country Tis of Thee, I could climb way up, as to her all of our lives are so pledged and but to the highest mountain top . . . f that’s how it’s going to be! But still, ‘‘I’M EOD’’—A TRIBUTE TO AN For it’s better to die for something, I could never so reach as high as you Morris, AMERICAN HERO—SSGT JOHNNY than to live for nothing at all! where you now so stand high atop! And that’s why I put my boots on, As an American Hero, MORRIS, 2ND EOD, THE UNITED and I so answered that call . . . and you and your family are but the very STATES MARINES That Call To Arms! best that we’ve got! Because, I’m EOD . . . For Only The Few! HON. SUE WILKINS MYRICK so don’t dare mess with me! For Only The Brave! And I’m as bad as can be! For our Nation their hearts so gave! OF NORTH CAROLINA With nerves of such steel! And so teach all just how to behave, IN THE HOUSE OF REPRESENTATIVES Remember, Superman is not real! yea SSGT Morris you’re the cream of the Monday, December 17, 2012 But I am you see! crop! But, we are the 2nd EOD! And that’s why you and your family, Mrs. MYRICK. Mr. Speaker, I rise today to As on each new day, America so loves and we will never stop! honor a great Son of The South, SSGT John- it’s with death that we so play! And yea You are EOD, ny Morris of 2nd EOD The United States Ma- Yea, I lost my leg . . . and You are as bad and as brave as can be!

VerDate Mar 15 2010 04:18 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A17DE8.015 E17DEPT1 jbell on DSK7SPTVN1PROD with E1944 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2012 And if ever I have a son, most half all buyers do not have to prove they I’ll walk with You... I wish he could be like this one! will safely operate such deadly weapons. In a Follow me in all I do... One of Alabama’s bravest of all ones! country of 315 million people, there are almost For I was once just like you... For Heaven so awaits, 280 million guns owned. Of those 280 million A young man, who went off to war... for such men of courage and faith, guns, almost 112 million of them will have All for my Country Tis Thee, with such bur- all so dressed all in green! dens bore... Because, he’s EOD and as bad as can be! been purchased without a background check. So strong and bold, and so self assured... And his name is Johnny! Were they purchased by law-abiding citizens So dashing there, all in uniform... f or by troubled individuals who may endanger Follow me, I’ll lead the way... lives? Because of irresponsible legal loop- to somehow help you move on this day... REDUCING GUN VIOLENCE holes, we simply do not know. As I bow down my head, and for you I now so No more. It is time that we require anyone pray... HON. LOUISE McINTOSH SLAUGHTER in the United States wishing to purchase a For I was once like you, just moments away from my grave... OF NEW YORK gun to pass a federal background check. I am As I too, remember that fateful morning as IN THE HOUSE OF REPRESENTATIVES a co-sponsor of H.R. 263, the ‘‘Fire Sale Loophole Closing Act’’ and H.R. 1781, the ‘‘Fix I awoke... Monday, December 17, 2012 Gun Checks Act’’, and urge the Leadership of While, against all odds there seemed no hope! Ms. SLAUGHTER. Mr. Speaker, I rise today this Congress to bring both bills to the floor for As I so too, had such tears in my eyes as in- voked! to mourn those who were killed in Newtown, a vote. And too so wondered, so wondered how I Connecticut last Friday, and begin the urgent Finally, our work is not complete unless we would cope! work of stopping tragedies like this from ever improve our nation’s mental health system. When, all that I had so left . . . was but only happening again. For years, experts have known how to im- hope! Let us be clear—there can be no better trib- prove our mental health care system, but a Follow me, they call me The Milkshake ute to the innocent children and educators lack of political will has led to its continual Man! who were killed in Newtown than to finally ad- decay. For I have walked that walk! dress the out-of-control gun violence that kills Such failure has a very real impact on the And I know you can! tens of thousands of Americans every year. health and well being of thousands of our fel- All in your shoes, as I so too have had all of In answering the call, Congress must look to low citizens everyday. Instead of accessing those same such thoughts! As I so understand, how much you have to enact a comprehensive and commonsense re- the care they need, they are often left on their own to deal with illnesses that they have little gain! form to our nation’s gun laws, and renew our And how much so too you have lost, all in commitment to a mental health system that power to control. Place these troubled individ- your pain! has been neglected for far too long. uals in the vicinity of a deadly weapon, instead So don’t give up! And don’t give in! We can begin by taking the most dangerous of the care of a mental health care provider, Let go of such thoughts, my friend! and deadly weapons off our streets. That and tragedy can result. Lift up your head, and raise that chin! means we must do more than simply reinstate If we are to succeed in our efforts to prevent Follow me, for this is how your first steps the Assault Weapons Ban of 1994. We must more gun violence tragedies then an improved begin! strengthen that law by including language that mental health care system is part of the solu- So begins with you my friend... For you will learn to walk again... retroactively applies to weapons already in tion. I believe we must respond by drastically im- Or somehow replace your arms, your hands, possession, so that law enforcement can fi- your eyes my friend... nally remove all assault weapons from our proving our community-based mental health services—including mobile crisis services, as- All with that heart which beats with in! communities. For you can live or you can die? These weapons serve no purpose other sertive community treatment, peer supports Or you can so feel so very sorry for yourself, than to kill human beings. Our colleague, Sen- and supportive housing. These important men- with tear in eye... ator JOE MANCHIN, today said the following: ‘‘I tal health programs are in short supply all Or with each new step, you can but let your just came with my family from deer hunting. across our nation, which means that thou- fine soul rise! I’ve never had more than three shells in a clip. sands of our friends and neighbors who des- And oh yes, you will have many... perately need help are stranded with nowhere many... dark days ahead... Sometimes you don’t get more than one shot Follow Me, take my hand... and listen to anyway. It’s time to get beyond rhetoric, it’s to turn. While no legislation can undo the terror that what my life has said! time to sit down and move in a responsible was done in Newtown, Connecticut, our nation Walk with me, listen to your heart instead! way.’’ He continued to say that limiting the has a moral obligation to act with the utmost For your fine Life is worth living, and you’re size of a gun magazine to even 10 bullets not dead! urgency to reduce gun violence and save in- should be on the table when it comes to re- Live for all of your Brothers and Sisters, nocent lives. It is long past time to get to work, forming our laws and ending gun violence. I who so died for you instead! and I am ready to begin that work today. couldn’t agree more, and believe that no For them, feel the breeze on your face... weapon that is designed with the primary in- f And at night take them with you to bed! Follow me, there’s so much more to be said! tent to kill people should be out on our streets. ‘‘FOLLOW ME’’—IN HONOR OF RET. For my Son, my Daughter . . . I was once This also means that this Congress must SPC. JIM MAYER, THE UNITED like you... look at the types of bullets that are sold today. STATES ARMY, THE MILKSHAKE With all of that anger and hate inside of me, The perpetrator who murdered more than 20 MAN, AND HIS AID AND COM- and such self doubt too! innocent children took their lives with bullets FORT TO OUR WOUNDED WAR- For I know where your are going, and I know that were designed to break up inside a vic- RIORS where you have been! tims body and inflict the maximum amount of And oh yes, I know that its not fair . . . but damage to internal organs, bones and tissue. HON. SUE WILKINS MYRICK these are war’s deadly sins! There is no legal activity in our country that re- All in what it can so do, to such magnificent OF NORTH CAROLINA women and men... quires the use of such deadly bullets. They IN THE HOUSE OF REPRESENTATIVES For I was once like you, right on that edge! should be included under any renewal of an Monday, December 17, 2012 All between life and death! Assault Weapons Ban. Follow me, and I promise you . . . your fine In addition to removing the most deadly Mrs. MYRICK. Mr. Speaker, I rise today to life will be blessed! weapons from our streets, we must also close honor a great American, Ret. Spc. Jim Mayer As you Bless Our World, with all of your the so-called ‘‘fire sale loophole’’ and ‘‘gun and all of the thousands of Disabled American gifts... show loophole’’—two products of a powerful Veterans out across America who are making As you so teach us all, that hope and faith gun lobby that must be brought to heel. Be- a difference in the lives of our newly returning are alive and still exists! cause of these loopholes, more than 40 per- wounded warriors. He is a former native of And that your fine life, is one that is so cent of all guns sold in the United States are Missouri, who lost both of his legs when he worth to living this! stepped on a mine two months in his first tour For what you give, is what you get! sold without the buyer undergoing a federal For the best is still yet to come, as so is yet! background check. in Vietnam. I submit this poem penned in his Follow me, and yes it will be hard! We require anyone who wishes to drive a honor by Albert Caswell. For now it’s time, to do your part! car to prove that they can safely operate a ve- FOLLOW ME Lead my Son, lead my Daughter . . . lead hicle, yet when it comes to buying a gun, al- Follow Me... but with your great heart!

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He As you so pledged to yourself near death, And that’s where we will all so meet again, plans to stay in the Marines, for he was born to get up and run again no less! on one fine day... to be a United States Marine. Families are the Because, Listen to these words I say, and you will find key component to recovery, and his has been pity is not where your friend! your way! there for him from the very beginning. His fa- And Faith and Courage, As over this hospital bed, I now so stand... ther like many other families has stopped what are what you are so armed with my son! With tear in eye... he was doing to be with him every step of the And as we so listen to your fine heart so very Looking at you, finding it so hard not to deep down within! cry... way. I submit this poem penned in honor and his recovery by Albert Caswell. As with each new step, As these words I will say, ‘‘Follow Me . . . your recovery has so gained so much then! and Take My Hand’’! I’M YOUR CAPTAIN For Captain Bates, you’ve got a life to so Walk with me, and one day because of your I’m. . . live... faith and courage you will stand! I’m your Captain... And its where you are going, And I will be the one, following you my Follow me... not where you’ve been! friend! I will lead! And Marine you were so born to lead! f For we all so proudly wear those most mag- And Captain Bates, nificent shades of green! your fine heart will not so stop . . . nor so COSPONSORSHIP OF H. RES. 832 For we all are The United States Marines! heed! One of the greatest things, Because, that this country has ever seen! failure is not an option for this here United HON. JOHN CONYERS, JR. Men and Women, States Marine! OF MICHIGAN of honor bright... As You So Teach Us... Who so go off to war to win that battle, IN THE HOUSE OF REPRESENTATIVES So Reach Us... to win that fight! Monday, December 17, 2012 All for God and Country, and in every way To So Beseech Us! are but our burdens bore... For you are but an American Hero, Mr. CONYERS. Mr. Speaker, I rise today to A Leader . . . one of a special breed! express my appreciation to my colleague, Mr. As we all so march off out into that darkness for sure! For you are a United States Marine! PETERS of Michigan, for joining as a cospon- For we all so live and so die, I am your Captain... sor of my resolution, H. Res. 832, observing for something far much more greater and do you are my women and my men! the 100th birthday of civil rights icon Rosa not ask why! Where you go, Parks and commemorating her legacy. Due to While, marching out into that face of hell as I will go time and again! an error by my staff, Mr. PETERS was not our colors fly... For I will always have your back against the added as an original cosponsor of the resolu- For where you go men, wind! will go I! Because, I’d rather die with you... tion. Out in front, than live without! f into that face of death as upon each other we All In That Fight, so rely! I am with you each and every step of the way ‘‘I’M YOUR CAPTAIN’’—IN HONOR As Brothers In Arms, no doubt! OF CAPTAIN ATOINE BATES, 1ST for each other we are all so willing to die! Because, Moments are all that we so have! BATTALION 5TH MARINES, THE All in that name of freedom, To Make A Difference! UNITED STATES MARINES we all so wear that uniform to reach new To Grab Hearts! heights! I’m your Captain! As one, Follow Me! HON. SUE WILKINS MYRICK together we all so bond! I will lead! OF NORTH CAROLINA As brave hearts we move out and move on! All in my Most Magnificent Shades of Green! IN THE HOUSE OF REPRESENTATIVES To so soar! Because, For We Are All The United States Marine you Captain Bates were but born to lead! Monday, December 17, 2012 Corps! And you so give to your Brothers and Sisters Mrs. MYRICK. Mr. Speaker, I rise today in Follow me, In Arms in the battle all they need! and I will lead! Oooh Rah Jar Head, honor of a great American Son from Ohio, So willingly for you Marine, Captain Atoine Bates of The United States for you are fine United States Marine! I will die and I will bleed! I’m your Captain let me lead! Marine Corps. Captain Bates, while out on pa- So proudly, trol with his men on June 26, 2011 in Sangin all in those Magnificent Shades of Green!

VerDate Mar 15 2010 04:18 Dec 18, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A17DE8.020 E17DEPT1 jbell on DSK7SPTVN1PROD with E1946 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2012 SENATE COMMITTEE MEETINGS be Assistant Secretary of Labor for sel of the Department of Health and Title IV of Senate Resolution 4, Veterans’ Employment and Training, Human Services, and Christopher J. and William S. Greenberg, of New Jer- agreed to by the Senate on February 4, Meade, of New York, to be General sey, to be a Judge of the United States Counsel for the Department of the 1977, calls for establishment of a sys- Court of Appeals for Veterans Claims. Treasury. tem for a computerized schedule of all S–216, Capitol SD–215 meetings and hearings of Senate com- 8:30 a.m. Judiciary mittees, subcommittees, joint commit- Foreign Relations Business meeting to consider S. 1560, to tees, and committees of conference. To receive a closed briefing on the Ac- enhance access to controlled sub- This title requires all such committees countability Review Board. stances for residents of institutional to notify the Office of the Senate Daily SVC–217 long-term care facilities. Digest—designated by the Rules Com- 10 a.m. SD–226 Banking, Housing, and Urban Affairs mittee—of the time, place, and purpose 11 a.m. Financial Institutions and Consumer Pro- of the meetings, when scheduled, and Banking, Housing, and Urban Affairs tection Subcommittee any cancellations or changes in the Housing, Transportation and Community To hold hearings to examine consumer Development Subcommittee meetings as they occur. credit reports. As an additional procedure along SD–538 To hold hearings to examine recovering with the computerization of this infor- Judiciary from superstorm Sandy, focusing on re- mation, the Office of the Senate Daily To hold hearings to examine the state of building our infrastructure. Digest will prepare this information for the right to vote after the 2012 elec- SD–538 printing in the Extensions of Remarks tion. 2:30 p.m. section of the CONGRESSIONAL RECORD SD–226 Intelligence on Monday and Wednesday of each To hold closed hearings to examine cer- week. DECEMBER 20 tain intelligence matters. Meetings scheduled for Tuesday, De- 9 a.m. SH–219 cember 18, 2012 may be found in the Foreign Relations Daily Digest of today’s RECORD. To hold hearings to examine Benghazi, focusing on the attacks and the lessons learned. MEETINGS SCHEDULED SH–216 DECEMBER 19 10 a.m. Time to be announced Finance Veterans’ Affairs To hold hearings to examine the nomina- Business meeting to consider the nomi- tions of William B. Shultz, of the Dis- nations of Keith Kelly, of Montana, to trict of Columbia, to be General Coun-

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HIGHLIGHTS Senate agreed to S. Res. 619, electing Senator Patrick J. Leahy, of Vermont, to be President pro tempore of the Senate of the United States. Senate agreed to S. Res. 620, authorizing the administration of the oath of office of President pro tempore of the Senate of the United States. Senate National Defense Authorization Act: Senate Chamber Action passed H.R. 6223, to amend section 1059(e) of the Routine Proceedings, pages S8049–S8094 National Defense Authorization Act for Fiscal Year Measures Introduced: Five bills and three resolu- 2006 to clarify that a period of employment abroad tions were introduced, as follows: S. 3684–3688, and by the Chief of Mission or United States Armed S. Res. 619–621. Page S8071 Forces as a translator, interpreter, or in a security- related position in an executive or managerial capac- Measures Reported: ity is to be counted as a period of residence and S. 675, to express the policy of the United States physical presence in the United States for purposes regarding the United States relationship with Native of qualifying for naturalization. Pages S8087–88 Hawaiians and to provide a process for the recogni- tion by the United States of the Native Hawaiian Federal Water Pollution Control Act: Senate governing entity, with an amendment in the nature passed S. 3687, to amend the Federal Water Pollu- of a substitute. (S. Rept. No. 112–251) tion Control Act to reauthorize the Lake Pont- S. 1223, to address voluntary location tracking of chartrain Basin Restoration Program, to designate electronic communications devices, with an amend- certain Federal buildings. Page S8088 ment in the nature of a substitute. Page S8071 Investigative Assistance for Violent Crimes Act: Measures Passed: Senate passed H.R. 2076, to amend title 28, United States Code, to clarify the statutory authority for the Strengthening Investigations of Sex Offenders longstanding practice of the Department of Justice and Missing Children Act: Senate passed S. 1792, of providing investigatory assistance on request of to clarify the authority of the United States Marshal State and local authorities with respect to certain se- Service to assist other Federal, State, and local law rious violent crimes, after agreeing to the committee enforcement agencies in the investigation of cases in- amendment in the nature of a substitute, and the volving sex offenders and missing children. following amendment proposed thereto: Page S8089 Pages S8086–87 Reid (for Whitehouse) Amendment No. 3342, in Investigative Assistance for Violent Crimes Act: the nature of a substitute. Page S8089 Senate passed S. 1793, to amend title 28, United Electing the President Pro Tempore: Senate States Code, to clarify the statutory authority for the agreed to S. Res. 619, to elect Patrick J. Leahy, a longstanding practice of the Department of Justice Senator from the State of Vermont, to be President of providing investigatory assistance on request of pro tempore of the Senate of the United States. State and local authorities with respect to certain se- Page S8089 rious violent crimes, after agreeing to the following Authorizing the Administration of the Oath of amendment proposed thereto: Page S8087 Office of President Pro Tempore: Senate agreed to Reid (for Whitehouse) Amendment No. 3341, in S. Res. 620, to authorize Harry Reid, a Senator from the nature of a substitute. Page S8087 the State of Nevada, to administer the oath of office D1038

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of President of the Senate Pro Tempore to Patrick mittee on Homeland Security and Governmental Af- J. Leahy, a Senator from the State of Vermont. fairs. (PM–63) Page S8070 Page S8089 Nominations Confirmed: Senate confirmed the fol- Condemning the Horrific Attacks in Newtown, lowing nominations: Connecticut: Senate agreed to S. Res. 621, con- Fernando M. Olguin, of California, to be United demning the horrific attacks in Newtown, Con- States District Judge for the Central District of Cali- necticut, and expressing support and prayers for all fornia. Pages S8063–67, S8094 those impacted by that tragedy. Pages S8089–90 Thomas M. Durkin, of Illinois, to be United Uninterrupted Scholars Act: Committee on States District Judge for the Northern District of Il- Health, Education, Labor, and Pensions was dis- linois. Pages S8063–67, S8094 charged from further consideration of S. 3472, to Nominations Received: Senate received the fol- amend the Family Educational Rights and Privacy lowing nominations: Act of 1974 to provide improvements to such Act, Richard J. Engler, of New Jersey, to be a Member and the bill was then passed, after agreeing to the of the Chemical Safety and Hazard Investigation following amendment proposed thereto: Board for a term of five years. Pages S8091–92 Nicholas Christopher Geale, of Virginia, to be a Hagan (for Landrieu) Amendment No. 3345, in Member of the National Mediation Board for a term the nature of a substitute. Page S8091 expiring July 1, 2013. Measures Considered: Linda A. Puchala, of Maryland, to be a Member of the National Mediation Board for a term expiring Full-Year Continuing Appropriations Act— July 1, 2015. Agreement: Senate began consideration of H.R. 1, Routine lists in the Air Force, and Army. making appropriations for the Department of De- Pages S8092–94 fense and the other departments and agencies of the Government for the fiscal year ending September 30, Messages from the House: Pages S8070–71 2011, taking action on the following amendments Enrolled Bills Presented: Page S8071 proposed thereto: Pages S8051–63 Additional Cosponsors: Pages S8071–72 Pending: Statements on Introduced Bills/Resolutions: Leahy (for Inouye) Amendment No. 3338, in the Pages S8072–73 nature of a substitute. Page S8052 Leahy (for Inouye) Amendment No. 3339 (to Additional Statements: Pages S8067–70 Amendment No. 3338), of a perfecting nature. Amendments Submitted: Pages S8073–86 Page S8052 Privileges of the Floor: Page S8086 A unanimous-consent agreement was reached pro- Recess: Senate convened at 2 p.m. and recessed at viding for further consideration of the bill at ap- 7:13 p.m., until 10 a.m. on Tuesday, December 18, proximately 11 a.m., on Tuesday, December 18, 2012. (For Senate’s program, see the remarks of the 2012. Page S8092 Acting Majority Leader in today’s Record on page Message from the President: Senate received the S8092.) following message from the President of the United States: Transmitting, pursuant to law, the District of Co- Committee Meetings lumbia’s fiscal year (FY) 2013 Budget and Financial (Committees not listed did not meet) Plan, received during adjournment of the Senate on December 14, 2012; which was referred to the Com- No committee meetings were held.

VerDate Mar 15 2010 02:22 Feb 14, 2013 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD12\DECEMBER\D17DE2.REC D17DE2 mmaher on DSK4SPTVN1PROD with CONG-REC-ONLINE D1040 CONGRESSIONAL RECORD — DAILY DIGEST December 17, 2012 House of Representatives Res. 833, to condemn the horrific attacks in New- Chamber Action town, Connecticut and to express support and pray- Public Bills and Resolutions Introduced: 4 public ers for all those impacted by this tragedy. bills, H.R. 6671–6674; and 3, H. Con. Res. 145; Pages H6815–24 and H. Res. 833–834 were introduced. Page H6828 Presidential Message: Read a message from the Additional Cosponsors: Page H6828 President wherein he transmitted the District of Co- Reports Filed: Reports were filed today as follows: lumbia’s fiscal year 2013 Budget and Financial S. 3193, to make technical corrections to the legal Plan—referred to the Committee on Appropriations description of certain land to be held in trust for the and ordered to be printed (H. Doc. 112–157). Barona Band of Mission Indians, and for other pur- Page H6811 poses (H. Rept. 112–702) and H.R. 3548, to facili- Senate Messages: Messages received from the Senate tate United States access to North American oil re- by the Clerk and subsequently presented to the sources, and for other purposes, with an amendment House today appear on page H6824. (H. Rept. 112–703, Pt. 1). Page H6828 Senate Referrals: S. 3313 and S. 2045 were referred Speaker: Read a letter from the Speaker wherein he to the Committee on Veterans Affairs; S. 3687 was appointed Representative Thornberry to act as referred to the Committees on Transportation and Speaker pro tempore for today. Page H6809 Infrastructure, Natural Resources, and the Judiciary; Recess: The House recessed at 12:01 p.m. and re- and S. 3472 was referred to the Committee on Edu- convened at 2 p.m. Page H6809 cation and the Workforce. Page H6810 Journal: The House agreed to the Speaker’s approval Quorum Calls—Votes: Two yea-and-nay votes de- of the Journal by voice vote. Pages H6809, H6815 veloped during the proceedings of today and appear on pages H6813, H6814–15. There were no quorum Recess: The House recessed at 2:14 p.m. and recon- calls. vened at 4:30 p.m. Page H6811 Adjournment: The House met at 12 noon and ad- Suspensions: The House agreed to suspend the rules journed at 8:44 p.m. and pass the following measures: Authorizing the issuance of right-of-way permits for natural gas pipelines in Glacier National Committee Meetings Park: H.R. 4606, amended, to authorize the No hearings were held. issuance of right-of-way permits for natural gas pipe- lines in Glacier National Park, by a 2⁄3 yea-and-nay Joint Meetings vote of 286 yeas to 10 nays, Roll No. 627 and No joint committee meetings were held. Pages H6811–12, H6813–14 f Barona Band of Mission Indians Land Transfer Clarification Act of 2012: S. 3193, to make tech- COMMITTEE MEETINGS FOR TUESDAY, nical corrections to the legal description of certain DECEMBER 18, 2012 land to be held in trust for the Barona Band of Mis- (Committee meetings are open unless otherwise indicated) sion Indians, by a 2⁄3 yea-and-nay vote of 306 yeas with none voting ‘‘nay’’, Roll No. 628. Senate Pages H6812–13, H6814–15 Committee on Banking, Housing, and Urban Affairs: Sub- Recess: The House recessed at 4:41 p.m. and recon- committee on Securities, Insurance and Investment, to hold hearings to examine computerized trading venues, vened at 6:31 p.m. Page H6813 focusing on what should the rules of the road be, 9:30 Moment of Silence: The House observed a moment a.m., SD–538. of silence in honor of the victims of the shooting at Committee on Commerce, Science, and Transportation: busi- Sandy Hook Elementary School in Newtown, CT on ness meeting to consider pending calendar business, Time December 14, 2012. Page H6814 to be announced, S–216, Capitol. Committee on Finance: business meeting to consider the Condemning the horrific attacks in Newtown, nominations of Ronald Lee Buch, of Virginia, and Albert Connecticut and expressing support and prayers G. Lauber, of the District of Columbia, both to be a for all those impacted by this tragedy: The House Judge of the United States Tax Court, Time to be an- agreed to discharge from committee and agree to H. nounced, Room to be announced.

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Select Committee on Intelligence: to hold closed hearings to Committee on the Judiciary: December 19, to hold hear- examine certain intelligence matters, 2:30 p.m., SH–219. ings to examine the state of the right to vote after the House 2012 election, 10 a.m., SD–226. December 20, Full Committee, business meeting to House Permanent Select Committee on Intelligence, Full consider S. 1560, to enhance access to controlled sub- Committee, hearing on ongoing intelligence activities, stances for residents of institutional long-term care facili- 4:30 p.m., HVC–304. This is a closed hearing. ties, 10 a.m., SD–226. f Committee on Veterans’ Affairs: December 19, business meeting to consider the nominations of Keith Kelly, of CONGRESSIONAL PROGRAM AHEAD Montana, to be Assistant Secretary of Labor for Veterans’ Week of December 18 through December 21, Employment and Training, and William S. Greenberg, of 2012 New Jersey, to be a Judge of the United States Court of Appeals for Veterans Claims, Time to be announced, Senate Chamber S–216, Capitol. On Tuesday, at approximately 11 a.m., Senate will Select Committee on Intelligence: December 18, to hold continue consideration of H.R. 1, Full-Year Con- closed hearings to examine certain intelligence matters, tinuing Appropriations Act. 2:30 p.m., SH–219. During the balance of the week, Senate may con- December 20, Full Committee, to hold closed hearings sider any cleared legislative and executive business. to examine certain intelligence matters, 2:30 p.m., SH–219. Senate Committees House Committees (Committee meetings are open unless otherwise indicated) Committee on Banking, Housing, and Urban Affairs: De- Committee on Armed Services, December 19, Full Com- cember 18, Subcommittee on Securities, Insurance and mittee, hearing on an update on the evolving security sit- Investment, to hold hearings to examine computerized uation in the Democratic Republic of the Congo and im- trading venues, focusing on what should the rules of the plications for U.S. national security, 10 a.m., 2118 Ray- road be, 9:30 a.m., SD–538. burn. December 19, Subcommittee on Financial Institutions Committee on Education and the Workforce, December 19, and Consumer Protection, to hold hearings to examine Subcommittee on Health, Employment, Labor, and Pen- consumer credit reports, 10 a.m., SD–538. sions, hearing entitled ‘‘Challenges Facing Multiemployer December 20, Subcommittee on Housing, Transpor- Pension Plans: Evaluating PBGC’s Insurance Program and tation and Community Development, to hold hearings to Financial Outlook’’, 10 a.m., 2175 Rayburn. examine recovering from superstorm Sandy, focusing on Committee on Foreign Affairs, December 20, Full Com- rebuilding our infrastructure, 11 a.m., SD–538. mittee, hearing entitled ‘‘Benghazi Attack, Part II: The Committee on Commerce, Science, and Transportation: De- Report of the Accountability Review Board’’, 1 p.m., cember 18, business meeting to consider pending cal- 2172 Rayburn. endar business, Time to be announced, S–216, Capitol. Committee on the Judiciary, December 19, Full Com- Committee on Finance: December 18, business meeting to mittee, markup on H.R. 6654, To provide for the ex- consider the nominations of Ronald Lee Buch, of Vir- change of information related to trade enforcement, and ginia, and Albert G. Lauber, of the District of Columbia, for other purposes, 10 a.m., 2141 Rayburn. both to be a Judge of the United States Tax Court, Time to be announced, Room to be announced. House Permanent Select Committee on Intelligence, December December 20, Full Committee, to hold hearings to ex- 18, Full Committee, hearing on ongoing intelligence ac- amine the nominations of William B. Shultz, of the Dis- tivities, 4:30 p.m., HVC–304. This is a closed hearing. trict of Columbia, to be General Counsel of the Depart- December 19, Full Committee, hearing on ongoing in- ment of Health and Human Services, and Christopher J. telligence activities, 10 a.m., HVC–304. This is a closed Meade, of New York, to be General Counsel for the De- hearing. partment of the Treasury, 10 a.m., SD–215. December 20, Full Committee, business meeting, In- Committee on Foreign Relations: December 19, to receive vestigative Report on the U.S. National Security Issues a closed briefing on the Accountability Review Board, Posed by Chinese Telecommunications Companies 8:30 a.m., SVC–217. Huawei and ZTE, 9 a.m., HVC–304. December 20, Full Committee, to hold hearings to ex- December 20, Full Committee, hearing on ongoing in- amine Benghazi, focusing on the attacks and the lessons telligence activities, 9:30 a.m., HVC–304. This is a learned, 9 a.m., SH–216. closed hearing.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, December 18 10 a.m., Tuesday, December 18

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: To be announced. morning business (not to extend beyond one hour), Senate will continue consideration of H.R. 1, Full-Year Con- tinuing Appropriations Act. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Kucinich, Dennis J., Ohio, E1937, E1939 Myrick, Sue Wilkins, N.C., E1943, E1944, E1945 Latham, Tom, Iowa, E1937, E1940 Neugebauer, Randy, Tex., E1937 Bass, Karen, Calif., E1939 Levin, Sander M., Mich., E1938 Polis, Jared, Colo., E1938 Conyers, John, Jr., Mich., E1945 LoBiondo, Frank A., N.J., E1939 Slaughter, Louise McIntosh, N.Y., E1944 Costa, Jim, Calif., E1939 McGovern, James P., Mass., E1941 Smith, Christopher H., N.J., E1938 Green, Gene, Tex., E1937 Moore, Gwen, Wisc., E1940 Young, Don, Alaska, E1940 Kissell, Larry, N.C., E1941 Moran, James P., Va., E1938

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