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

Vol. 158 WASHINGTON, WEDNESDAY, NOVEMBER 14, 2012 No. 145 Senate The Senate met at 2:30 p.m. and was Senator from the State of Vermont, to per- Senator GRASSLEY has cast more than called to order by the Honorable BER- form the duties of the Chair. 6,400 consecutive votes—more consecu- NARD SANDERS, a Senator from the DANIEL K. INOUYE, tive votes than any Senators currently State of Vermont. President pro tempore. holding office in the Senate. This is Mr. SANDERS thereupon assumed the truly a remarkable accomplishment PRAYER chair as Acting President pro tempore. that speaks to his dedication. The Chaplain, Dr. Barry C. Black, of- f I know he considers it a sign of re- fered the following prayer: spect for his constituents and for the RECOGNITION OF THE MAJORITY Senate. Senator GRASSLEY is a farmer, Lord of life, as Senators deal with to- LEADER day’s challenges, purge their hearts of assembly line worker, who served in anything that does not honor You. Re- The ACTING PRESIDENT pro tem- the Iowa State legislature and was elected to the House of Representatives move from them the things that divide, pore. The majority leader is recog- here in Washington in 1974 and to the uniting them in the common tasks of nized. Senate in 1980. doing what is best for our Nation and f Senator GRASSLEY learned the value world. When they are tempted to NATIONAL DEFENSE AUTHORIZA- of hard work early on the family farm. doubt, steady their faith. When they TION ACT FOR FISCAL YEAR Today his son runs that farm but feel despair, infuse them with Your 2013—MOTION TO PROCEED CHUCK still dedicates himself to work- hope. When they do not know what to Mr. REID. Mr. President, I move to ing on the farm on many occasions, do, open their minds to a wisdom that and then after that comes back to can change and shape our times accord- proceed to Calendar No. 419, S. 3254, the Defense Department authorization bill. Washington. ing to Your plan. Lord, empower them As ranking member of the Judiciary The ACTING PRESIDENT pro tem- to trust You more fully, live for You Committee and past chairman of the pore. The clerk will report. more completely, and serve You more Finance Committee, Senator GRASSLEY The bill clerk read as follows: willingly. We pray in Your great Name. also takes his constitutional oversight Amen. Motion to proceed to the bill (S. 3254) to responsibilities very seriously. He has authorize appropriations for fiscal year 2013 long worked to make the judicial f for military activities of the Department of Defense, for military construction, and for branch more open and transparent. To PLEDGE OF ALLEGIANCE defense activities of the Department of En- that end he has sponsored a bill to ergy, to prescribe military personnel allow cameras in the courtroom and The Honorable BERNARD SANDERS led strengths for such fiscal year, and for other proposed creating the post of inspector the Pledge of Allegiance, as follows: purposes. general. He has been one of the most I pledge allegiance to the Flag of the SCHEDULE ardent protectors of whistleblowers. As United States of America, and to the Repub- a member of the Agriculture Com- lic for which it stands, one nation under God, Mr. REID. Mr. President, the next mittee, Senator GRASSLEY brings real- indivisible, with liberty and justice for all. hour will be equally divided and con- trolled between the two leaders or world experience from his Iowa farm to f their designees, with the majority con- be an advocate for American farmers in trolling the first half and the Repub- Washington. APPOINTMENT OF ACTING licans the second half. Even when Senator GRASSLEY and I PRESIDENT PRO TEMPORE do not agree on issues, I believe we al- The filing deadline for first-degree The PRESIDING OFFICER. The ways have the greatest respect for each amendments to the Sportsmen’s bill is other. I know I do for him and I feel clerk will please read a communication 4 o’clock today. We are trying to work to the Senate from the President pro confident he does of me. He is a prin- on an agreement with the Republicans cipled, dedicated lawmaker and a gen- tempore (Mr. INOUYE). to vote on the Sportsmen’s bill and The bill clerk read the following let- uine person. cyber security and have a path forward One little side note. I came to the ter: on the Defense authorization bill. We Senate and was elected in 1986, so early U.S. SENATE, hope to have an agreement in the next in 1987 I gave my maiden speech here in PRESIDENT PRO TEMPORE, couple of hours. Washington, DC, November 14, 2012. the Senate. It was on the Taxpayer Bill SENATOR GRASSLEY’S11,000TH VOTE To the Senate: of Rights, something I tried to accom- Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, I rise today plish in the House but, frankly, I did of the Standing Rules of the Senate, I hereby to honor my colleague CHUCK GRASS- not get to first base. That is an under- appoint the Honorable BERNARD SANDERS, a LEY on the occasion of his 11,000th vote. statement. They paid no attention to

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

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VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6766 CONGRESSIONAL RECORD — SENATE November 14, 2012 me. So when I came here, that was my plants. A bipartisan group of Senators licans should realize they will not get speech. I was way back there by the has worked for 3 years to craft legisla- everything they want either. They candy drawer. tion that would do just that. Yet Re- should not prevent us, as my esteemed I gave a speech on the Taxpayer Bill publicans filibustered this worthy predecessor said, from working to- of Rights. The Presiding Officer was measure in July. It is imperative that gether to work it out. That was Sen- David Pryor from Arkansas. He was the Democrats and Republicans work to- ator Mitchell. chair on the subcommittee dealing gether to address what the national se- RECOGNITION OF THE MINORITY LEADER with the IRS and finance. Senator curity experts have called ‘‘the most The ACTING PRESIDENT pro tem- GRASSLEY was listening to my speech serious challenge to our national secu- pore. The minority leader is recog- in his office. Senator Pryor sent me a rity since the onset of the nuclear age nized. note when I finished that he had writ- sixty years ago.’’ SENATOR GRASSLEY’S11,000TH VOTE ten while he was presiding, saying: I So I found it encouraging when a Mr. MCCONNELL. Our good friend really like your legislation. I want to number of my Republican colleagues— from Iowa, Senator GRASSLEY, has cast work with you to get it passed. I was Senators MCCAIN, HUTCHISON, KYL, his 11,000th vote. Since the founding of stunned. One of the most senior Mem- CHAMBLISS, COATS, and BLUNT—re- the Republic, only 2,000 men and bers of the Senate was interested in cently wrote President Obama advo- women have served in the Senate. Only what I had to say. In the House, I re- cating legislative action on cyber secu- 23 have cast more votes than CHUCK peat, they would not listen to me. I rity. GRASSLEY. No other current Senator tried to talk to the chairman of that They wrote: has gone as long as he has without subcommittee. He would not even do a An issue as far reaching and complicated missing a single vote. He has not meeting with me. I still remember his as cyber security requires . . . formal consid- missed a vote in 19 years. name. I am not going to mention it. eration and approval by Congress . . . Only This year, Senator GRASSLEY marks Senator GRASSLEY contacted me and the legislative process can create the durable 54 years of public service to the people said: I want to work on this legislation. and collaborative public-private partnership of the Hawkeye State. While some They worked with me. My first year in we need to enhance our cyber security. Members of Congress have a tendency the Senate we passed the historic Tax- Senator LIEBERMAN, the chairman, to lose touch with their constituents, payer Bill of Rights to make the tax- and ranking member COLLINS have CHUCK GRASSLEY has always worked payer a little more equal to the tax worked their hearts out. They have hard to make sure he never did that. collector. It was landmark legislation. compromised with these people and He has made it his business to stay It would never have happened but for many others to have a bill that is now connected to the folks back home by Senator GRASSLEY. So I admire what before us. This group of Senators that holding at least one townhall meeting he has done for America in many dif- I have just named say they remain a year in all of Iowa’s 99 counties, and ferent ways but certainly in that man- committed to the legislative process. by responding to every letter, postcard, ner. Today they have an opportunity to e-mail, or phone call. Of course, we are I know my friend, the Republican demonstrate that commitment. On sev- all familiar with his tweets. Much like leader, is going to speak about Senator eral occasions since Republicans fili- the Senator himself, they are truly one GRASSLEY. I explained to his staff I bustered the cyber security bill this of a kind. have to run to another meeting so I summer, I have asked my colleagues to Senator GRASSLEY also stays close to have a couple of minutes of things to bring me a list of amendments they the land by working his family farm. say that I think are important. wish to debate. As we consider this leg- He does that even while keeping up his duties here in Washington. He may be RISING ABOVE PARTISANSHIP islation today, they have yet another The work before us in these waning opportunity to do so. They can show a U.S. Senator, but he has always pre- ferred to be known as ‘‘a farmer from days of this Congress represents a test their commitment to the cyber secu- Butler County.’’ Visitors to the Grass- of our character, that of this body, a rity threat by advancing this worthy ley farm say it is not uncommon to see test of our willingness to rise above measure and moving forward with a Senator GRASSLEY pulling a cell phone partisanship for the good of this great productive debate on the issue. This is out from under his baseball cap while Nation. yet another opportunity for this Con- Although I was disappointed that the gress to prove it can cooperate and riding on his tractor. Over the years, CHUCK GRASSLEY has Senate was unable to vote on final pas- compromise when it matters most. But distinguished himself by his tenacity sage of Senator TESTER’s Sportsmen’s it will not be our last opportunity. and his commitment to the public in- package, I hold fast to my optimism Before the end of the year, we must terest. His first major legislative that we can pass that. We have a great craft a balanced agreement to reduce the deficit and protect middle-class achievement was the passage of the deal to accomplish during the next 6 Federal False Claims Act, which over weeks to safeguard our country’s finan- families from a tax hike. As cyber ter- rorism represents a serious threat to the years has saved taxpayers more cial health and protect middle-class than $17 billion. As chairman of the Fi- families. But we will not complete any- our national security, so the looming fiscal cliff represents a serious threat nance Committee, he led bipartisan thing without bipartisan cooperation. bills through Congress that cut taxes As Senate Majority Leader George to our economic security. I am heartened to see that a number by $2 trillion, leaving more money in Mitchell once said, ‘‘Bipartisanship the pockets of hard-working Ameri- means you work together to work it of Republicans, including a number of prominent conservatives, have opened cans. out.’’ Senator GRASSLEY has a lot to be the door to a balanced agreement. Bill So I hope to see that type of coopera- proud of in his career. He and Barbara Kristol, a leading conservative com- tion on display when the Senate votes are also rightly proud of their 58 years mentator, said: to reconsider the stalled cyber security of marriage. They have five children, legislation. If we can work together to It won’t kill the country if we raise taxes and many, many grandchildren. He has a little bit on millionaires. It really won’t. address these two issues, the Sports- been a farmer, a father, a government men’s package and cyber security, it That is what he said. And Glenn Hub- watchdog, a steward of the Nation’s fi- will set a tone of cooperation that bard, an adviser to the Romney cam- nances; in short, he is a real states- could characterize the remainder of paign, and an adviser to the last Presi- man. The Senate would not be the this Congress and next Congress as dent Bush, conceded that any agree- same without him. The Nation, I firm- well. ment must include revenue increases. ly believe, would be a lot worse off National security experts say there is It is simple math. To protect the without the remarkable service of Sen- no issue facing this Nation more press- middle class, it will be necessary to ask ator CHUCK GRASSLEY. ing than the threat of cyber attack on millionaires and billionaires to con- I yield the floor. our critical infrastructure. Terrorists tribute a little more as we work to re- The ACTING PRESIDENT pro tem- bent on harming the United States can duce the deficit. Democrats understand pore. The Senator from Iowa. all too easily devastate our power grid, we will not get everything we want Mr. HARKIN. Mr. President, I lis- our banking system, and our nuclear from a bipartisan accord, but Repub- tened to the speeches of the majority

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6767 leader and the Republican leader. I nothing special, because I believe I am Congress has failed to pass the bipar- would like to add my statement of con- just exhibiting the work ethic of tisan Violence Against Women Reau- gratulations to my longtime friend Iowans generally, who work very hard. thorization Act. It passed the Senate Senator GRASSLEY for reaching this RESERVATION OF LEADER TIME with 68 votes more than 200 days ago. milestone of 11,000 votes in the U.S. Mr. LEAHY. Mr. President, I have We need to take it up and pass it in the Senate and to our State of Iowa and to another subject, if I might. Inciden- House. our Nation. tally, what is the parliamentary situa- I am committed to ensuring that Senator GRASSLEY and I were elected tion? VAWA addresses the changing needs of the same year, sworn in the same day The PRESIDING OFFICER. Under all victims. I stand ready, as I have of January 1975, although he preceded the previous order, the leadership time from the start, to work with all Mem- me to come to the Senate by 4 years, is reserved. bers of both parties. I look forward to but I can say without any fear of con- hearing from the Republican leaders in ORDER OF BUSINESS tradiction that Senator GRASSLEY and the House and to seeing this important The PRESIDING OFFICER. Under I have had a wonderful working rela- measure enacted. the previous order, the following hour tionship. Obviously, anyone who knows You know, both parties could have will be equally divided and controlled our records knows we don’t always celebrated the passage of yet another between the two leaders or their des- agree on things all the time, and that bipartisan VAWA reauthorization bill ignees, with the majority controlling is the way it ought to be around here; after the Senate’s convincing vote in the first half. we have good debates, but we have al- April. There have been a lot of victims Mr. LEAHY. Mr. President, I will ways been friends. since April. They could be receiving The one thing I also know is that we take from the majority side. the critical protections included in the have always worked together for the VIOLENCE AGAINST WOMEN REAUTHORIZATION Senate-passed VAWA reauthorization betterment of our State of Iowa. I ACT bill. think politics tends to end at that Mr. LEAHY. As we all know, Con- In the month since the Senate passed doorstep, and when it comes to Iowa, gress is now back from an extended re- the Leahy-Crapo bill, we have been re- what is good for our State, we have al- cess. When we left, there were a num- minded of the importance of VAWA. I ways worked very closely. We have al- ber of significant items pending either will give you a couple of examples. Let ways had a great camaraderie, and our on the floor of the House or on the me tell you, these are very grim sto- staffs have worked together very close- floor of the Senate. Yesterday I spoke ries. But let me tell you some very ly over the years. So, again, I wish to about one major piece of legislation we grim stories about what is happening. commend the senior Senator from the passed here in the Senate by an over- In Wisconsin, a gunman opened fire State of Iowa. whelmingly bipartisan vote, and that in a Milwaukee-area spa. He wounded I now have the distinction of being was the farm bill. It has, of course, im- four people and he killed three people, the most senior junior Senator in the plications to a State such as Vermont including his estranged wife. The Re- Senate. It used to be Fritz Hollings for but also to every single State in this publican Governor of Wisconsin called years. Now I am the most senior junior country. It has everything from milk for tougher domestic violence laws be- Senator, and I couldn’t ask for a better price supports to drought and disaster cause the gunman had previously colleague and a better friend on that relief. This was a bipartisan vote abused his estranged wife. The Leahy- side of the aisle from the State of Iowa strongly supported by Democrats and Crapo bill will strengthen the ability of than Senator CHUCK GRASSLEY. I con- Republicans alike. It has been stalled States and service providers to identify gratulate him on reaching this mile- in the House, and I hope, now that the domestic violence cases with a signifi- stone. election is over, they can bring it up cant risk of homicide and take effec- The ACTING PRESIDENT pro tem- and pass it. tive steps to protect potential victims. pore. The Senator from Vermont. But there is another urgently needed In another case, an Amherst, MA, Mr. LEAHY. Mr. President, I have piece of legislation that we have passed college student who was raped by a been here as a colleague in the Senate here in the Senate, and it is time to classmate bravely stepped forward in during those 11,000 votes. I don’t want pass it in the House. I know we have the pages of her school newspaper to to ruin his reputation back home, but issues such as disaster relief for the describe the lack of response from the we have a significant number of those victims of Hurricane Sandy. We should school administration. That young stu- votes where he and I voted the same do that. We have the fiscal cliff that dent—she is not alone by any means— way, and, of course, he and I sit to- threatens our economy. That is ex- along with countless others like her, gether or sit side by side on the Senate tremely important. We should have deserves attentive and respectful treat- Judiciary Committee, and I congratu- confirmation votes on scores of judicial ment in the wake of such a heinous act late him. These are milestones worth nominees. We have 19 of them pending of sexual violence. Our bill would en- being noted. on the floor. All of that is important. courage such a response with new cam- Senator GRASSLEY and his wife Bar- All of these things can be done in the pus protections. bara are friends of Marcelle’s and mine, time remaining for us. But one of the If we don’t take congressional action, and I congratulate him. His wife Bar- important legislative priorities is the these and other crucial new protections bara was kind enough both to rec- VAWA, the Violence Against Women in the Leahy-Crapo bill will not be able ommend my wife for a cancer aware- Reauthorization Act. I wrote the bill to help victims and prevent crimes na- ness award and then to introduce it with Republican MIKE CRAPO of Idaho. tionwide. These recent events remind just before we recessed. It has been This was and is a bipartisan piece of us that innocent lives are on the line that kind of relationship. Those of us legislation. It won the support of all when it comes to domestic and sexual who live in rural areas, as the distin- the women Senators in this body, Re- violence. These victims of rape and do- guished Presiding Officer knows, ac- publican and Democratic alike. It mestic violence cannot wait. It is unac- quire certain bonds, so I applaud the passed by an overwhelming margin in ceptable to delay these protections. I Senator. this body. The distinguished Presiding was astounded to hear that some of the Mr. GRASSLEY. Mr. President, I Officer was a strong supporter of it. objections in the House were because wish to thank several of my colleagues This Senate-passed bill deserves to be we covered all women—all women—in who have recognized me for casting my on our short list of priorities for the the act, immigrants, gays, straight, 11,000th vote yesterday. I want to ac- rest of the year. Native Americans, whoever it might knowledge the fine things Senator I was pleased to see that the Presi- be. REID, the majority leader, said, Sen- dent and Speaker BOEHNER have indi- Mr. President, I still have night- ator MCCONNELL, the Republican lead- cated a willingness to work toward a mares about some of the crime scenes I er, Senator STABENOW, Senator HARKIN, bipartisan solution to avoid the fiscal went to as a young prosecutor in and Senator LEAHY, and I wanted them cliff. But on VAWA, the Violence Vermont at 2 and 3 o’clock in the to know I appreciate very much the Against Women Reauthorization Act, morning. I remember seeing the bat- recognition they brought. I hope it is the time for posturing has long passed. tered bodies of victims, battered and

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6768 CONGRESSIONAL RECORD — SENATE November 14, 2012 bloodied bodies of victims. I never re- the Judiciary Committee for his words and we saved taxpayer money and cut member a police officer there saying: about the Violence Against Women Act $23 billion in spending. Wait a minute, we have to find out because every victim of crime, every At this time, when we are looking at whether this victim is gay or straight, victim of domestic violence needs to be coming up with a way to reduce the whether this victim is an undocu- covered under this law. I am very deficit and put us on a path for bal- mented immigrant or a Native Amer- grateful for all the Senator has done to ancing the budget, I cannot imagine ican. We have to determine that before make sure all victims are covered, and why we would not want to take the we can decide whether we are going to that is another bill that needs to get savings from our bipartisan farm bill do anything. The distinguished Pre- passed in the House of Representatives. and include that in this much needed siding Officer was mayor of our Queen In talking about the farm bill, I also agreement that we need to come to by City of Burlington. He never would want to say congratulations to another the end of the year. have allowed any member of the police distinguished member of my com- This was not only a bipartisan effort force in that city to pick and choose. mittee, Senator GRASSLEY, for his but, because it was deficit reduction, it None of us would. 11,000th vote, which he cast last night. is one of the few deficit reduction So let’s face up to reality. Let’s stop I know Senator HARKIN was here on the bills—maybe the only one—we actually saying we can’t pass this bipartisan floor as well speaking about that—two have passed this year, and we need to bill because we have to limit it and we incredibly talented members of the Ag- make sure it gets all the way to the have to pick and choose who are vic- riculture Committee. I wish to con- finish line. We cannot afford to walk tims. I have said it over and over again gratulate Senator GRASSLEY, who has away from the reforms in this bill. We on this floor: A victim is a victim is a been a real champion and leader on the cannot afford to walk away from our victim. So let’s come together. Let’s reforms that are in our bill—really dairy farmers who are right now oper- send the bipartisan Leahy-Crapo bill to some historic reforms in the bill. He ating without any kind of safety net. the President without further delay. has led that effort, and I congratulate The current policy does not work for Let’s stop the deaths, the beatings, and him as he has reached a very important them so just extending that makes no the rapes that are occurring. How milestone. sense. It is a disaster waiting to hap- many of us could pick up an article in Farming is the riskiest business in pen. We cannot afford to walk away the paper and read of one of these the world, and this year it is even from our dairy farmers. things and not be shocked? Every one riskier. I believe that because of what We cannot afford to walk away from of us, as a Member of Congress, has the is happening with climate change, it livestock producers who need the per- ability to do something to stop this. will be even more risky in the future. manent disaster assistance we passed This is an easy bill to pass. It passed by It is incredibly important that we step in the Senate farm bill. By the way, it a wide, strong, bipartisan effort here in up and get a farm bill that gives our is in the House bill that came out of the Senate. Let’s just take it up, call a farmers the tools they need to manage committee. That is also bipartisan. vote in the House on it. their risks. We cannot afford to walk away from I have heard from enough Repub- In the spring, we experienced late the critical priorities in conservation licans and Democrats in the House of freezes that wiped out fruit crops in a of our land, air, and water, of energy, Representatives. If this bill came up number of States, including in Michi- not only of biofuels but the new jobs for a vote, it would pass. I think it is gan, where our cherry growers were available in bio-based manufacturing, slamming the door in the faces of peo- just about wiped out and currently which I am seeing happen in Michigan ple who might be abused if we don’t have no access to crop insurance, al- as well as all across the country. We bring it back. though part of our farm bill is creating cannot afford to walk away from sup- Mr. President, I see the distinguished a path for them. We are very pleased to port for our specialty crop growers, chair of the Senate Agriculture Com- be creating a path for them to have fruit and vegetable growers, so impor- mittee on the floor, and, as I men- crop insurance, but it was devastating tant for our families’ health and for tioned earlier, just a few minutes ago in the spring. the economic strength of our country and yesterday, her leadership brought Then this summer there were record- as well. Also, as to forestry and nutri- about one of the most sweeping, cost- breaking droughts that left crops with- tion, which affects so many families saving, best 5-year farm bills this body ering in the fields, and in our bill we and so many children in schools, we has passed. address issues of drought for lifestyle cannot afford to walk away from im- I yield the floor. producers, which is incredibly impor- portant funding and policy reforms in The ACTING PRESIDENT pro tem- tant and, by the way, fully paid for by each one of these areas. pore. The Senator from Michigan. the savings of our bill. We just need to get this done. This is THE FARM BILL Then we saw Hurricane Isaac flood not rocket science; it is a matter of Ms. STABENOW. Thank you, Mr. croplands, and Hurricane Sandy has making it a priority and spending a lit- President, and thank you to the former caused destruction like nothing we tle bit of time and getting it done. Vot- chair of the Agriculture Committee could have imagined. ers in the election made one thing very and a very distinguished Member who In a year when there were so many clear. They want bipartisanship. They leads in so many areas, whether it is reminders of the need for risk manage- want us to work together as we have our dairy producers, whether it is or- ment for our farmers, there is abso- done in the Senate, both in the Agri- ganic farmers, whether it is nutrition lutely no excuse not to finish the job culture Committee and on the floor, to entitlement. We wouldn’t have the 5- and get a farm bill done by the end of be able to get a 5-year farm bill. They year farm bill that we passed in the this year. I am optimistic we are going want us to simply get things done. The Senate without Senator LEAHY’s lead- to be able to do that. House of Representatives has a chance ership. So his words are very kind, but I hope my colleagues will remember now to follow our lead, to pass a bipar- I am very appreciative of all he has how we came together in June to pass tisan bill that reforms agricultural done. the bipartisan Agriculture Reform, programs, that cuts the deficit, ends I so much appreciate our senior Sen- Food and Jobs Act in the Senate. I direct payments and other unnecessary ator from Vermont coming to the floor thank my ranking member and col- subsidies, and gives farmers the risk and speaking out about the need to get league Senator ROBERTS for his leader- management tools they desperately a farm bill done. That is why I am here ship in this effort. We truly did this to- need going forward. today as well—to echo the Senator’s gether, working across the aisle, listen- Everywhere I go I hear from farmers words from yesterday and today. We ing to all the Members of the Senate. who say they need us to get this done. need to get it done, as we all know. We As you know, we eliminated 100 dif- They get up early in the morning. They have seen 45 days since the farm bill ferent programs and authorizations work hard all day. They come home expired, and there is absolutely no rea- that did not make sense anymore or late. When there is work to be done, son whatsoever not to get this done. were duplicating something else. We they do it. They have to do it. They do Before speaking about that, though, streamlined programs to make them not put it off until another day for let me also thank our chairman from work better for farmers and ranchers whatever excuse. They do what has to

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6769 be done, and they expect us to do what by the insurance companies—more ex- Many of us want to make sure Social has to be done. pensive than it should be—and we do Security is solvent for the next 75 Now we are 45 days past the expira- not pay for that, we add to the deficit. years. How do we do it? I have ideas. tion of the last farm bill. We are look- In the midst of this Wall Street- Others have different ideas. But it is ing at January and beyond when a se- caused recession, one of the points not part of deficit reduction. ries of changes will happen automati- many people have not seen is that In my view, at a time of great reces- cally unless we pass a new bill. It will today, at 15.2 percent of our GDP, rev- sion, when so many people are hurting, be very difficult on a number of fronts. enue is the lowest it has been in 60 we must not cut Medicare. We must We could see chaos in the markets and years. When workers lose their jobs not cut Medicaid. There are ways to do confusion for farmers as we revert back and businesses go under, less revenue deficit reduction which are fair. Let me to what is called permanent law, which comes into the Federal Government, suggest some of the ways we should do is a collection of policies from the De- adding to our deficit crisis. That, to a it. pression era. They are poorly suited to significant degree, is why we are where The President has been very clear. the way agriculture is done today. we are today. This is what he campaigned on; that it Again, it makes no sense. When we talk about deficit reduction makes no sense at all from an eco- We cannot let this happen. There is and how we go forward, there is an- nomic or moral perspective that we no excuse for not getting the bill done other reality we have to address; that continue Bush’s tax breaks for the top by the end of the year. We have done it is, the middle class of this country is 2 percent, people who are making in the Senate when everyone said it disappearing. Not only is unemploy- $250,000 a year or more. If we end those was impossible. We put the votes to- ment, in real terms, close to 15 percent, tax breaks, that is $1 trillion going to gether in just a couple days, with 73 but median family income in the last deficit reduction. amendments and went through and 10 years has gone down by over $3,000. Right now, one out of four profitable Meanwhile, in the midst of all that, voted on every single one of them. corporations in this country, including we have the most unequal distribution Then we voted to pass the bill and got corporations that make billions of dol- of wealth and income of any major the job done. Now it is time for our lars a year, is paying nothing in taxes. country on Earth. We have the top 1 House colleagues to do the same. I am Some of them have actually gotten a percent owning 42 percent of the looking forward to working with the rebate from the IRS. Before we talk wealth in America while the bottom 60 leadership of the House Agriculture about cutting Medicare, Medicaid or percent owns just 2.3 percent. In the Committee. I have great confidence education, let’s make sure we do away last study we have seen on income dis- that we can sit down together and with the loopholes many large, profit- tribution, between 2009 and 2010, 93 per- produce a final bill to bring back to the able corporations are currently experi- cent of all new income went to the top Senate that will allow us to get this encing. 1 percent and the bottom 99 percent done before the end of the year. One of the particularly outrageous Now is the time to do it. I urge our shared the remaining 7 percent. We are examples of tax avoidance that is tak- House colleagues to put this on the top seeing a disappearing middle class— ing place right now has to do with the of their list. people on top doing fantastically well tax havens that exist in the Cayman Is- The PRESIDING OFFICER (Mr. and very high rates of poverty. lands, Bermuda, and in other countries. MERKLEY). The Senator from Vermont. I say all that as a prelude to suggest There are estimates that we are losing DEFICIT REDUCTION AND SOCIAL SECURITY how we should go forward in terms of over $100 billion a year because cor- Mr. SANDERS. Mr. President, I deficit reduction. The main point I porations and wealthy individuals, in- think the American people and Mem- wish to make is it is absolutely wrong, stead of paying their Federal taxes to bers of Congress, now that the election it is immoral in my view, and it is bad this country, are stashing their money is over, are paying a great deal of at- economics to move forward on deficit in tax havens in other countries. That tention to the so-called fiscal cliff and reduction on the backs of the elderly, is wrong. That is an issue we must ad- to deficit reduction in general. As we the children, the sick and the poor. dress. discuss deficit reduction, which is What we as a Congress have to do is to clearly a major issue for our country, make several points very clear. Last, when we talk about deficit re- it is important for us to remember how There are a number of folks out there duction, we have to remember we have we got to where we are today. Where talking about cutting Social Security. tripled defense spending since 1997. We we are today is approximately a $1 tril- Let’s get the facts straight. Social Se- now spend as much money on defense— lion deficit and a $16 trillion national curity has nothing to do with the def- or almost as much—as the rest of the debt. I hope everyone does remember icit because it is independently funded world combined. No one disagrees that that back in January 2001, when Bill by the payroll tax. Let me quote there is enormous waste, bureaucracy, Clinton left office and George Bush as- maybe an unlikely source on that and unnecessary weapons systems in sumed the Presidency, at that moment issue; that is, on October 7, 1984, Presi- the Defense Department that we can in history this country had a $236 bil- dent Ronald Reagan said: eliminate while we maintain the lion surplus and economists were pro- Social Security has nothing to do with the strongest defense in the world. jecting that surplus would grow and deficit. Social Security is totally funded by Let me conclude by saying this: Yes, grow in the future. the payroll tax levied on employer and em- we have to go forward with deficit re- The reason, to a very significant de- ployee. If you reduce the outgo of Social Se- duction but, no, we cannot and must curity that money would not go into the gen- gree, that we are where we are today in not do it on the backs of the elderly, eral fund to reduce the deficit. It would go the children, the sick, and the poor. terms of the deficit has everything to into the Social Security trust fund. So So- do with the fact that we went to war in cial Security has nothing to do with bal- There are ways to do it that are fair Iraq and Afghanistan, but we did not ancing a budget or erasing or lowering the which ask those people who are doing pay for those wars—which, by the way, deficit. phenomenally well to start paying by the time we take care of our last That ends the quote from President their fair share of taxes, and that is the veteran, will cost us more than $3 tril- Ronald Reagan, October 7, 1984. I do position this Senate should take. lion. When we do not pay for expensive not often agree with Ronald Reagan, Thank you very much, Mr. President, wars, we add to the deficit. but he was absolutely right. and I yield the floor. When we give out a huge amount in I am very pleased that just a few The PRESIDING OFFICER. The Sen- tax breaks, as we did under the Bush days ago majority leader HARRY REID ator from Arizona is recognized. administration, and a lot of those tax said pretty much the same thing: Don’t Mr. MCCAIN. Mr. President, I ask breaks went to the wealthiest people in mess with Social Security. It has noth- unanimous consent to address the Sen- this country—when we give tax breaks ing to do with deficit reduction. I hope ate as in morning business. to millionaires and billionaires and we very much that the Senate will agree The PRESIDING OFFICER. Without do not offset them, we also add to the that as we go forward on deficit reduc- objection, it is so ordered. deficit. When we pass a Medicare Part tion, Social Security should be off the (The remarks of Mr. MCCAIN, Mr. D prescription drug program written table. GRAHAM, and Ms. AYOTTE pertaining to

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6770 CONGRESSIONAL RECORD — SENATE November 14, 2012 the submission of S. Res. 594 are print- open soon. Here in this picture we can to prepare our infrastructure for cli- ed in today’s RECORD under ‘‘Submitted see Atlantic Avenue from the sky. And mate change, future superstorms will Resolutions.’’) the owners of Paddy’s Beach Res- be even more damaging than Hurricane Mr. MCCAIN. Mr. President, I yield taurant, shown here, as well as their Sandy. Hurricane Sandy was, in some the floor. neighbors all along the beach, are de- respects, a preview of coming attrac- The PRESIDING OFFICER. The Sen- termined to reopen for the summer tions. By 2100, the ocean will sit high- ator from Rhode Island. tourist season. er, be warmer, and feed more moisture CLIMATE CHANGE I remember walking through this lit- and heat into storms. In addition, the Mr. WHITEHOUSE. Mr. President, as tle notch here with the owners of Pad- oceans will be far more acidic, but that the Senate reconvenes this week here dy’s, and looking at this scene of dev- is for another speech. in Washington, many States are still astation around them, and the owners Tomorrow, the Committee on Envi- working to clean up the wreckage left saying: That is not so bad. We can re- ronment and Public Works, which the behind by Hurricane Sandy, the largest build. We will be back on our feet in no Presiding Officer serves on with such Atlantic hurricane on record, and the time. They already had friends and vol- distinction, will hold a legislative States are already making new prep- unteers on site with hammers and hearing on the Water Resources Devel- arations to protect against future ex- shovels and saws, cleaning up and get- opment Act. I appreciate very much treme weather events. ting things put right. Chairman BOXER’s response to storms Hurricane Sandy will be remembered The Ocean State of Rhode Island has such as Sandy and the foresight she both for the large area it affected and a special relationship with the seas, had to include a postdisaster program for the devastation wrought by its and that special relationship requires in the draft that will help States such fierce winds and massive storm surge— that we accept challenges presented by as mine recover from extreme events more than 100 lives lost, 8.5 million extreme ocean weather, and it is part such as Hurricane Sandy. Also included is the Northeast coast- homes and businesses without power, of our day-to-day life on the coast to be al restoration program aimed at build- $20 billion in property damage, and pos- part of that proud and rewarding tradi- ing the natural and manmade barriers sibly another $30 billion in lost busi- tion. and buffers that helped protect our But many of us recognize that this ness. Hurricane Sandy was no doubt an lives, our infrastructure, and our nat- extreme weather event and she is like- tradition, as President Obama re- ural resources from great storms such ly to be the second costliest Atlantic minded us on election night, is—to as Sandy. storm in U.S. history at more than $50 quote the President—‘‘threatened by When average temperatures rise, we billion. the destructive power of a warming can also expect daily temperature Sandy slammed into the east coast, planet.’’ records to be broken. When the average causing destruction from the Mid-At- It is difficult to say whether extreme sea level rises, we can also expect an lantic up through New England. The weather such as Hurricane Sandy was increase in peak coastal flooding. In States of New Jersey and New York specifically caused by climate change. fact, we have seen thousands of daily were hit especially hard, and our But we do know that a warming planet temperature records broken and costly thoughts and prayers and our promise increases both the severity and the coastal flooding and the pain and dam- of prompt and meaningful support go likelihood of these storms; that it, to age caused by these extreme events has out to all of those affected across the use one analogy, loads the dice for ex- inevitably turned the Nation’s atten- region. treme weather. tion to climate change. In my home State of Rhode Island, The atmosphere and oceans are get- That is why a growing chorus of moderate to major flooding occurred ting warmer. We know that. As oceans voices is convinced and concerned along the entire southern coastline, get warmer, storm systems such as about climate change. A University of with some areas experiencing severe Sandy gather more moisture and en- Texas poll asked respondents in March erosion and destruction. ergy from them and grow stronger. and then again in July of this year if Houses were swept off their founda- John T. Fasullo and Kevin Trenberth they thought global climate change tions in our southern coast commu- of the National Center for Atmospheric was occurring. It is interesting. The nities such as Matunuck, shown in this Research in Boulder, CO, estimate that percentage of Democrats convinced of photo I have in the Chamber. As shown when Hurricane Sandy struck, ocean global climate change went from 83 in this picture, here is our former col- temperatures along the east coast were percent in March up to 87 percent amid league in the Senate, now Governor nearly 5 degrees above normal, in part the high heat and drought of the sum- Chafee, inspecting the interior of a attributed to global warming. mer of 2012. house with its front having been Warmer oceans expand. We know Among Independents, the percentage washed off. And you can see the neigh- that too. This expansion, along with rose from 60 percent in March to 72 per- boring cottage that is in the ocean. melting glaciers and snowpack, has re- cent in July as news of the unusual Other small cottages have been actu- sulted in a measurable and continuing weather spread around the country. ally destroyed by the ocean in that lo- rise of sea levels along our coasts. And, Even among Republicans, the number cation. of course, as sea levels rise, tides and of believers who acknowledged that cli- Beaches and dunes were driven down waves and storms and storm surges mate change was prevalent went from by the waves and wind, and thick sand reach farther inland. 45 percent to 53 percent. The party and stone deposits covered up roads, as Sandy caused a whopping storm whose hallmark in Congress is denial of was the case on Atlantic Avenue in surge. That is the column of water that climate change, that put forward the Misqaumicut, which was just being dug is formed by the winds and the pressure view that climate change is a hoax, out here in this photograph. system of a major storm. That surge now actually has a majority of voters who recognize this reality. So this Nearly 30 percent of Rhode Island’s peaked at about 51⁄2 feet in Newport, Chamber is getting further and further residents were directly affected by this RI, less than the 91⁄2 feet in the Battery storm. President Obama granted Gov- in Lower Manhattan but still signifi- apart from the reality of the public, ernor Chafee’s request for a Federal cant. even from the reality of the Republican disaster declaration in four of our At the Newport tide gauge, mean sea public. In the aftermath of Hurricane Sandy, State’s five counties. More than 130,000 level is up 10 inches. Mean sea level is Mayor Bloomberg of New York wrote: Rhode Islanders lost power and 8 cities up 10 inches from our devastating fa- and towns were forced to implement mous Hurricane of 1938, and these extra Our climate is changing . . . And while the increase in extreme weather we have experi- evacuations. The whole State will be inches of sea level increased Sandy’s enced in New York City and around the affected by the as of yet unknown mil- storm surge by at least that amount. world may or may not be the result of it, the lions in damage and lost business. Experts predict that the sea level rise risk that it may be—given the devastation it But Rhode Island is resilient. Some will continue up to 3 to 5 feet more in is wreaking—should be enough to compel all businesses hit hard by Sandy and the Rhode Island by the end of the century. elected leaders to take immediate action. subsequent nor’easter have already re- If we do not recognize the need to re- The only place where denial still pre- opened. Others are working hard to re- duce our greenhouse gas emissions and vails is in Congress where polluter

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6771 money has such influence. But polluter the collapse of the markets and give us brilliant people in this Chamber, Sen- money cannot change the facts. A a chance to come back over time. ator CONRAD from North Dakota, who study recently published in Science The House of Representatives re- is unfortunately leaving us, has talked shows that greenhouse gases captured jected it and then the markets went about it time and again; Senator in air bubbles stretching back 650,000 down over 800 points in 1 day. Two days COBURN from Oklahoma. Why don’t we years show that the level of carbon di- later, the Senate came back and adopt- put those things on the table, sit down oxide in the atmosphere is now 27 per- ed a plan to move us forward. The mar- around the table and figure out a for- cent higher than its highest recorded kets stabilized, but they were already mula for success to keep us from going level at any other point in that time. at the bottom. They had fallen by 50 off the fiscal cliff? This year, an Arctic monitor has reg- percent. It is one thing to gain the confidence istered atmospheric concentrations of Now here we are almost 5 years later, of the world and investors and the carbon dioxide at 400 parts per million still recovering from the depths of the world body politic; it is quite another for the first time; the first time ever drop of the market at that particular to lose it. If we ever lose that con- that a carbon dioxide sensor has hit period of time. If we do not address the fidence, if we ever go off that cliff and this ominous milestone. For tens of fiscal cliff and take the first step in people no longer think this is still the thousands of years, for 800,000 years ac- this lameduck session to move forward greatest place on the face of the Earth tually, 8,000 centuries, we have been in in terms of sanity on taxation, sanity to invest their money, then America a range of 170 to 300 parts per million of on spending, and sanity on entitle- has a harder struggle to come back carbon dioxide in our atmosphere. Now ments, then we are going to put our- than it would ever have by facing our we are starting to see measures of 400. selves in the same position again. problems now. We are in unprecedented and uncharted I happen to think one of the best So for a brief couple minutes, I wish territory. lines in President Obama’s speeches in to talk specifically about those things We know we will need to adapt our his first campaign, and he reiterated it that can be done. First of all, in terms coastal infrastructure to keep commu- in the last one, was when he talked of spending, we can cut discretionary nities safe and prosperous in this about we are a country not of the red spending. But we all know discre- changing climate. We will be relo- States of America or the blue States of tionary spending and our deficit are cating roads and bridges. We will be American but of the United States of about equal and have been for about bolstering utilities and protecting America. the last 5 years, which means if we cut water and wastewater infrastructure. My predecessor, Zell Miller, former all Federal discretionary spending, We will be revising our flood maps and Governor of Georgia, once said: We do cancel the government for 1 year, all our emergency planning. not find most Georgians on the very far we are doing is balancing the budget; The Senate needs to do its part to right or the very far left. We find them we are not saving any money. We all ready us for adaptation in the face of a in Walmart. They want a fair deal and know we cannot do it totally by cut- changing climate. We can address these a fair price and a good deal and they ting spending, but we do know we issues in legislation such as WRDA and want to be treated right. The American should, which means we should bring Defense reauthorization, even in the people want to be treated right. They appropriations bills to the floor, we budget debate. But the overwhelming do not want to see their taxes go up at should debate those bills on the floor, majority of scientists is convinced that the end of the year. They do not want we should hold our agencies account- our climate is changing, and all the Congress to turn its back on cutting its able, and manage things on a cost-ben- evidence shows they are right. spending where it can. They want us to efit analysis—do what JEANNE SHAHEEN Indeed, the evidence shows it appears get entitlements so they are fixed for and I have talked about in terms of a to be their worst-case scenarios that the long run, not in danger of expiring biennial budget. Have 1 year dedicated are the correct ones. We must be will- in the short term. to spending, the other year dedicated ing to take the necessary actions to We are this close to being able to find to oversight. We can find savings and prepare both for the new normal cli- common ground, if we will only take we can find revenue to reduce our def- mate change is bringing and for the the first step by sitting down at the icit, but that will not do all of it. new extremes climate change portends. table. In the last 2 weeks I have heard Entitlements. We have to look at en- I yield the floor. the first step from both sides of the titlements. But that does not mean we The PRESIDING OFFICER. The Sen- Democratic and Republican Party. take away anyone’s Social Security or ator from Georgia. JOHN BOEHNER, 1 week ago, acknowl- anybody’s Medicare because I do not THE FISCAL CLIFF edged that revenues could be a part of consider them entitlements in the first Mr. ISAKSON. I thank the distin- the solution. He acknowledged he place. The Presiding Officer paid 1.35 guished Senator from Rhode Island for wanted to do it through tax reform. percent of his income every day of his his hard work. I rise to talk for 1 President Obama has reiterated, as he working life for his Medicare and he minute about this lameduck session did today in his press conference, that deserves to get it. today. We are in the second day of a he wanted to raise rates on those in the The Presiding Officer paid 6.2 percent lameduck session following the elec- upper income. But when pointed to and of his income for his payroll deduction tions of a week and a half ago. when asked by a reporter: Mr. Presi- for his Social Security and he deserves We face an impending fiscal cliff. We dent, that means there is no line in the to get it. But we all know those pro- face the end of the year. We face a day sand? That means it has to be that tax grams were started in 1968 and the 1930s of calling, a day of reckoning. I think increase or nothing at all, the Presi- and eligibility should be reformed. We I have an obligation as one Member of dent refused to take the bait. He said: should find a way to make eligibility the Senate, and I think everybody has I will listen to other ideas. He said: I be actuarially sound, as they did in the same obligation, to come to this will sit at the table. He said: But it has 1983, when Ronald Reagan and Tip floor and talk about the solutions and to be meaningful common ground. It O’Neill raised the eligibility for me so resolutions, not problems and what we has to be plans to truly deal with our I could not get Social Security at age can and cannot do. fiscal cliff, deal with our spending and 65, I had to wait until age 66. We are in a very dangerous position. deal with entitlements and deal with Did I miss it? No, I did not think I I have been in this body one other time our taxes. would live that long in the first place. when we faced a fiscal cliff. It was in Let me just for a second, if I can, But when I did get there, I appreciated September of 2008. I will never forget opine on what all of us know: It is a the fact that they saved Social Secu- it. The markets had been collapsing. three-part problem, our debt and our rity for me in 1983. We need to save it The subprime securities had been col- deficit. It is spending. It is revenues. It for our children and our grandchildren lapsing. The world was in difficult fi- is entitlements. It is not that we do not today, and we can do it by looking at nancial times. The President of the know what the answers or the solu- eligibility in the formula. We do not United States, at that time a Repub- tions are. They are all on the table. have to raise the tax or lower the ben- lican, brought forward a plan to solve They have been visited by the Gang of efit. We might means test the COLA in that problem or at least to forestall 6, by Simpson-Bowles, by a lot of the terms of Social Security, but we can

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Whatever we ingful reform that accomplishes the WIND PRODUCTION TAX CREDIT do, we can sit down around the table raising of revenues and more equity in Mr. UDALL of Colorado. Madam and find a way for the future, find a the Tax Code, we can cut discretionary President, I want to start by wel- way to save the Medicare the American spending where appropriate, and we coming my colleagues to what I hope people have paid for. can reform our entitlements. Over time will be a highly productive lameduck In terms of the safety net, nobody we can get our fiscal house in order. session of Congress. We have immense wants to do away with the safety net. The great thing about our problem is challenges facing our country, but I be- But it is time we looked at the safety that it is not a problem that has to be lieve we can come together and accom- net and the cost-benefit analysis and solved in one fell swoop, but we have to plish the tasks before us, hopefully in a the eligibility for the benefit programs make a commitment to begin to reduce truly bipartisan way. so we manage them appropriately such deficits and, in turn, eliminate them so As the Presiding Officer knows, one as you would any other expenditure of we will reduce debt. We need a game of the issues I have been really con- government. plan over the next decade that causes cerned about for some time is the pro- Then we go to the Tax Code. That is us to do that. When we do, we will re- duction tax credit for wind energy, where we are today. That is the stum- turn to the greatness America has al- which is known by its acronym of PTC. bling block, seeing where we are going ways known. But if we don’t, it will not I would like to acknowledge that the to move forward on taxes. Time is run- be a good place to invest people’s Presiding Officer’s State, Minnesota, ning out. I will be the first person to money, our rates will go up on our debt has a big presence in wind energy. admit it would be hard to come up with service, and America will have a hard I have come to the floor, as my col- a comprehensive reform in 7 weeks to time returning to the preeminence it leagues know—and maybe, in some of fix the Tax Code. has known. their minds, too often—I come down But it would not be hard to come up So my message today is this: The here every morning we are in session— with a comprehensive agreement this President, in his press conference, said just about every morning since June— month, now in this session, to do it all issues were open on the table. JOHN to talk about the importance of ex- early next year and put off pushing us BOEHNER, in his leadership remarks, tending this job-creating tax credit. off the fiscal cliff. Get a new speed said the same thing in terms of reve- The PTC has helped create literally bump next year. Give us the time to sit nues a week ago. Let’s sit down at that tens of thousands of good-paying mid- down around the table and find com- table and let’s start talking about dle-class jobs all across our Nation, it mon ground. Maybe it is means testing those solutions. Let’s start giving our- has in turn spurred the growth of the deductions, which raises revenues with- selves meaningful goals and not just wind energy industry, and it has out raising rates. In fact, there is a use the threat of destroying our econ- strengthened American manufacturing, great argument, and the argument omy and our investment in our country which we all deeply care about, and it comes from 1986, when Reagan and as a threat to cause us to do nothing. has helped free us from foreign sources O’Neill again lowered the top tax rate Let’s do something. Let’s do the peo- of energy. That is quite a trifecta of from 70 percent to 28 percent and raised ple’s business. Let’s face the music and successes, make no mistake about it. It revenues in the same taxable year, all make it a symphony. has also underlined the fact that en- because we raised the base upon which Mr. President, I yield the floor, and I ergy security is national security. the levy was charged. suggest the absence of a quorum. But as the expiration of the PTC The PRESIDING OFFICER. The We raised more revenue which, in the draws near—and it draws near at the clerk will call the roll. end, is the name of the game. My main end of this year—the inaction here in The legislative clerk proceeded to point is this: We should not be sitting the Congress has brought a dark cloud call the roll. around twiddling our thumbs. The Mr. DURBIN. Madam President, I ask literally over this important American clock is running. We face a fiscal cliff. unanimous consent that the order for industry, and our workers are paying There are some in this Chamber who the quorum call be rescinded. the price. Manufacturers across our have said: Oh, we just need to go off it. The PRESIDING OFFICER (Ms. KLO- great Nation and all along the wind in- We will pay the price. Then we will fi- BUCHAR). Without objection, it is so or- dustry’s supply chain have been forced nally sit down and do what is right. I dered. to lay off thousands of workers just in would, with all due respect, say that is UNANIMOUS CONSENT AGREEMENT—S. 3414 the past several months, and I wish to pretty stupid. We have gone off a cliff Mr. DURBIN. Madam President, I ask share one example. Vestas, which is a once before in 2008. We are still reeling unanimous consent that at 4:30 p.m., leading manufacturer of wind turbines from it today because we did not deal the motion to proceed to the motion to that has a large presence in my home fast enough with the decisions we had reconsider the vote by which cloture State of Colorado, has laid off hundreds to make as a Congress to address the was not invoked on S. 3414, the Cyber- of workers. Literally, hard-working problems of the people who elected us security of Act of 2012, be agreed to; Americans are losing their good-paying to come and manage their affairs. that the motion to reconsider be jobs because Congress has delayed ac- I would submit to you that it is agreed to and that there be up to 60 tion to extend this tax credit, which I about time the American Government minutes of debate equally divided be- should point out has broad bipartisan did what every American family has tween the two leaders or their des- and bicameral support, so both the had to do in the last 5 years: sit around ignees on the motion to invoke cloture Senate and the House—both parties— our kitchen table like they have sat on S. 3414; that upon the use or yield- have support for extending it. Enough around theirs, talk about our income ing back of time, the Senate proceed to is enough. like they have talked about theirs, cut the cloture vote on S. 3414, upon recon- Luckily, we have made some their budgets and spending where they sideration. progress. Earlier this year the Senate have had to because they have had to The PRESIDING OFFICER. Is there Finance Committee passed a bipartisan tighten their belts. Don’t you think the objection? tax extenders bill that would extend a government ought to at least ask of Without objection, it is so ordered. number of important tax provisions, itself what it has required every Amer- Mr. DURBIN. Madam President, I and among them was the production ican family to do? suggest the absence of a quorum. tax credit. Unfortunately, this pack- So instead of talking about what we The PRESIDING OFFICER. The age, which is critical and is so impor- can’t find agreement on, why don’t we clerk will call the roll. tant to our economy, has sat on the start talking about what we can find The legislative clerk proceeded to shelf for many months now. As com- agreement on? We don’t have to just call the roll. rades tell me, and I share with you as

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6773 my colleagues, that is just simply un- My message to all of us is pretty sim- mula. We know if we tax 100 percent of acceptable. ple. We need to pass the production tax every person who makes over $200,000 it As I mentioned, I have made these credit as soon as possible. PTC equals is not going to affect the deficit. It is regular trips down to the floor, and jobs, and we need to pass it ASAP. I not going to have the impact I think what I have been able to do is highlight can’t say it enough times. There is no people expect when they hear: Oh, we individual States and how the wind in- reason for this delay. It has caused the will tax the rich, since it will not affect dustry has created jobs and generated loss of good-paying jobs, and it has set us, and that will solve the deficit prob- power for each of those individual back our energy independence goals. If lem. It will not. It will have no impact States. In fact, I am 20 States in and I we don’t act soon, foreign competition on the deficit. am nowhere near done, and that is be- will get the upper hand and pass us by. Who will be hit if these tax increases cause almost every one of the 50 States There is no question that the rest of go into effect—which they automati- has a presence in the wind energy in- the world is moving very quickly to cally will at the end of December if we dustry. implement their own wind energy don’t do something? Who will be hit? Today I am going to turn to Wis- projects and to build the wind energy Well, it is going to hit the middle class, consin, which has a well-established turbines. Let’s not let this scenario be- small businesses, family farmers, retir- manufacturing sector historically, and come a reality. Let’s move in the way ees, and married couples. that manufacturing sector has retooled the Senate Finance Committee has If the individual income tax brackets to support the wind industry. In fact, if shown us we can move. Let’s extend are not extended, the current six you look at the map here, Wisconsin the PTC here in the Senate. I know the brackets will be five brackets. It will has over 22 manufacturing facilities House could follow suit. revert to pre-2001. The lowest end is the that make parts for the wind energy Simply put, let’s just pass the pro- one that is going to go up in percent- industry. duction tax credit as soon as possible. age the most. The 10-percent bracket In addition to the manufacturing sec- If we are focused on the economy, if we will go to 15 percent, and the 15 percent tor, Wisconsin has also made big gains are focused on jobs—it is what we stays at 15 percent. So the people who in wind power generation. So you can heard from the voters just a short week were paying 10 percent will now go to build turbines, blades, the towers, and ago—let’s get the production tax credit 15 percent if we don’t do something. the cells, but also, if you have a wind extended. The rates of the remaining four resource, you can then harvest that Madam President, I yield the floor. brackets will also increase: 25 percent wind. Wisconsin has made big gains in The PRESIDING OFFICER. The Sen- becomes 28, 28 to 31, 33 to 36, and 35 to harvesting that wind. ator from Texas is recognized. 39.6, almost 40 percent. On top of that The farms there, the wind farms, al- THE FISCAL CLIFF is the individual alternative minimum ready provide enough electricity to Mrs. HUTCHISON. Madam President, tax. We have each year extended the power 150,000 homes, and the projects I think we all know that everybody in tax relief for what we call the AMT, that are currently proposed in Wis- America is pretty much talking about the alternative minimum tax. consin could multiply that number The alternative minimum tax was fourfold. If you look at the economic the fiscal cliff, and that what will hap- put in place to target a few million- implications, they are very impressive. pen at the end of this year will have an aires. Now, because of inflation and In fact, according to the National Re- enormous impact on the economy of wage increases, it is targeted right at newable Energy Lab, which I have to our country and its future. There is no the middle class. Unless that relief is say is located in Colorado, if even half doubt about it. In fact, the nonpartisan renewed this year, it will boost 2012 of the proposed projects were com- Congressional Budget Office projects taxes for 31 million Americans in the pleted, they would provide a cumu- that the impending tax hikes that will $30,000 to $40,000 wage range. lative economic benefit of over $1 bil- take effect at the end of this year if we Now, really, do people making $30,000 lion. That is $1 billion. Let’s do our don’t do something along with the or $40,000 deserve to have a new alter- part in helping make that investment spending cuts called sequestration native minimum tax on top of the tax happen by extending the production would plunge us into a recession in the they are going to pay, which will be 25 tax credit. first half of 2013. It would also set off As I have pointed out, the PTC has credit downgrades and drive up interest or 28 percent? I don’t think so, Madam helped these Wisconsin facilities pros- rates on credit cards, mortgages, and President, and it is not what the AMT per and grow, but this looming expira- personal and government debt. They was meant to target. tion would threaten some 3,000 jobs predict unemployment will rise above 9 The increase in tax rates are going to that are supported by this industry in percent, and the cuts in spending, half certainly affect our small businesses. Wisconsin. of which will be in the defense sector, The economic engine of America is It is also important to note that certainly is going to leave America small business. The economic engine of when the big companies that gain some vulnerable. America is not big business, although of the attention in the wind energy If there is anything Congress and the big business is very important, and it world, such as Siemens or Vestas, an- President are responsible for, it is the is not government. It is small business. nounce layoffs because of uncertainty national security of our country. We Over 60 percent of the jobs created in over the PTC, there are a lot of other can stop this fiscal cliff. America are created by small business. small businesses in the industry that We can answer the calls of the Amer- Yet they are the ones who are not hir- are affected by those decisions. There ican people who have said clearly, ing. They are the ones who see their are literally thousands of parts in a loudly, and repeatedly: Get together slim margins of profit getting so much wind turbine—some 8,000, to be exact. and make things happen. slimmer they are not hiring people be- So when you see the industry take a I am happy to see our distinguished cause they think the costs are going to step back, a lot of those small busi- Madam President is sitting in the be higher because of the new taxes that nesses are affected, and they feel the Chair and agreeing because we know are impending. downturn as well. We all are really there is common ground. We have seen Seventy-five percent of small busi- concerned about those families and groups of our Senators, Republicans nesses pay taxes at an individual rate those communities and the small busi- and Democrats—a Gang of 6, a Gang of because they are S corporations or are nesses that are hurt by those sorts of 8, the Simpson-Bowles Commission, all flow-through businesses. So if we look job losses in Wisconsin and all over our of these entities—that were bipartisan at them and then look at those rate in- country. in nature and they came up with solu- creases, that is going to be an imme- As I close, Madam President, there is tions. Did we agree with 100 percent of diate impact on every small business a tremendous amount of work the wind what was in those plans? No. But there owner who is organized in that way. energy industry has done to help re- are nuggets we can start from, and With over 20 million Americans still store America’s manufacturing base. what we have to do is sit down and looking for work, do we really want to With all of that potential looming in start. have this kind of economic hit? We front of us, we just can’t let our inac- Republicans are saying tax increases need our small businesses to feel con- tion stand in the way. in this economy are not the right for- fident, and so we need stability.

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6774 CONGRESSIONAL RECORD — SENATE November 14, 2012 I have talked to so many small tax they don’t pay taxes on the taxes is already a wet blanket on this econ- businesspeople in the last month as I they pay. If they are paying a State in- omy. have been out talking to people in my come tax or a State sales tax, they So, Madam President, we must come home State and in other States. What should be able to deduct at least one of together. most of them say comes down to they those because there is no reason to be We can do it. We can cut spending. just need to know what their tax liabil- taxed on taxes. The sales tax deduction We can address entitlement reform ity is going to be, and they need to expired at the end of last year. If we that will bring our entitlements into know it is going to stay that way for a don’t renew it, the people who have an actuarial soundness. Social Security while. That is how they make their sales taxes and no income tax are going and Medicare have already sustained plans. They do not want to hire some- to be severely disadvantaged. enormous cuts in the health care plan one if we are just going to have a 6- In my home State of Texas, that that was adopted 2 years ago, and we month fix or a 1-year fix or a 2-year tax makes at least a $500 difference to can’t sustain either of those programs policy. A 2-year tax policy is a night- every person who takes those deduc- if we continue to go in the direction we mare for businesses because they can- tions. That can be a lot for 2 million have been going. not make a long-term plan. They can’t Texans who claim this deduction, to So rather than the sequestration— have a strategy that puts three more have an average of $500 they are paying which is going to take more than $1 people on the payroll and then have on taxes. So it is not a level playing trillion out of federal programs, half of those costs go up at the end of that 2- field if we don’t renew that extension. which is going to come from defense— year period. There are eight States that have no in- we have got to do something about it It is important we give our busi- come tax, and they do have sales taxes. now. nesses stability and that we show we So I am hoping we will have that kind We have a 10-year plan that could cut understand they are the economic en- of parity in taxation, which we must do the deficits. But we have got to do gine of America and that we want them by the end of the year to allow that eq- more. We have got to enact the next to succeed and to hire people and give uity to take hold. step in budget cuts, and it has got to new jobs and get this unemployment A second priority of mine is the mar- include entitlement reform, in my rate well below the nearly 8 percent riage penalty. I passed the original opinion. I know there are disagree- that it is now down into the 6-percent amendment that would double the ments about that, but that is the argu- or 5-percent range. standard deduction for married cou- ment and the discussion we need to Now, let’s talk about the elderly. All ples. This has been a hugely popular have. It is our responsibility. of these years I have heard people talk- tax deduction because in the past, We should be using this time—today, ing about the importance of saving for when two single people got married, tomorrow, this week—to start putting retirement, and we have encouraged they would go into the higher bracket, together a framework of discussions, people to do that. The people who have and they would not get a double stand- because we will be in session from the done that are looking at a huge tax in- ard deduction. Prior to 2001, 25 million end of November probably up until crease. couples paid a penalty for being mar- right before Christmas, and the Amer- Madam President, I ask unanimous ried, and the average cost to them was ican people deserve to have a solution, consent to speak for up to 10 more min- $1,400. As an example, if a Houston po- something that assures small business utes. liceman, with a taxable income of that they can count on a tax structure The PRESIDING OFFICER. Without $50,000, is marrying a data entry clerk that is fair, that can allow them to objection, it is so ordered. who makes $30,000, they are going to make a reasonable profit, and allow Mrs. HUTCHISON. These are people have a tax increase of about $800 a year them to hire more people. who have done the right thing. They because the marriage penalty will We have got to cut spending so we have saved. They have tried to make come back at the end of this year. can manage this government in a re- sure they didn’t need any kind of gov- We enacted relief in 2001. It was my sponsible way without it encroaching ernment handout. They have earned amendment. And I hope we will not on the vibrancy of our economy. That Social Security—and that is not a gov- leave here December 31 of this year is our challenge. I hope this Congress is ernment handout—and they want to without renewing the marriage penalty up to it. know they can make it living the life- tax relief. It will mean $800 for married Madam President, I yield the floor. style they want to live because they couples, as an average, and, for sure, have saved. But here we are talking that is something they deserve when f about raising their taxes on the divi- they get married. They shouldn’t have CYBERSECURITY ACT OF 2012 dends of any stock they might have in- to pay more for their decision to get vested or might have been in their married. So if we don’t extend the tax The PRESIDING OFFICER. Under company 401(k) plan, and we are talk- cuts that are in place right now, at the the previous order, the motion to pro- ing about raising the capital gains end of this year we are going to see tax ceed to the motion to reconsider the rate. relief for the middle class, small busi- vote by which cloture was not invoked In fact, the dividends rate could be as nesses, family farms, retirees, and fam- on S. 3414, the Cybersecurity Act of much as 39.6 percent. Nearly forty per- ilies go away. That relief will go away, 2012, is agreed to, the motion to recon- cent on dividends is going to kill a plan and all of their taxes are going to go sider is agreed to, and there is up to 60 for retirement, and it is just not right up. That is not even counting the sur- minutes of debate equally divided be- to change the rules when we have had charges that are going to take effect tween the two leaders or their des- a lower dividend tax rate or capital January 1 of next year in the health ignees. gains tax rate for people who have done care law on dividends and capital The Senator from Connecticut is rec- the right thing and saved for their own gains. ognized. security. That is what will make a So if the dividend rate goes back up Mr. LIEBERMAN. Madam President, strong economy, and for our retirees to to 20 percent, it is going to be 23.8 per- I want to begin by thanking the major- be able to get the rest they deserve. cent. If someone is in the 39.6-percent ity leader, Senator REID, for being as What about married couples? One of bracket, it is going to be 43.4 percent. steadfast as he has been in pursuit of a my longstanding priorities in the Sen- So it is something we must deal with. law that will protect America from ate has been to make sure we have a The other side of the equation is what I think most security experts level playing field on deductions of spending. Madam President, we must would say today, surprisingly, is the State and local taxes. Some States do something about the $1 trillion defi- most serious threat to our security and have income taxes, some States have cits we have had year after year after to our economy, which is from cyber sales taxes, some have both, and a few year that have made this debt go up attack and cyber theft. have neither. But for those who have from $10.6 trillion 4 years ago to $16.2 The majority leader, with the au- both, we give them the choice of a sales trillion today. We are about to hit our thority he has over our schedule, has tax deduction or income tax deduction. debt limit, and that means we are now pulled up the Cybersecurity Act of That means on their Federal income going to have to increase the debt that 2012, S. 3414, for reconsideration; that is

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6775 to say, to reconsider the cloture vote cyber attack and cyber theft. Every- launched these attacks against the that was held in August and failed to body you talk to in the public or pri- American banks. get 60 votes, much to my disappoint- vate sector says today that we are vul- Defense Secretary Panetta warned in ment. I am very grateful that Senator nerable to attack. This bill only relates a recent speech that these and other REID now gives the Senate a second to the most critical cyber infrastruc- cyber attacks show that we are ap- chance to do something to protect the ture whose compromise, whose attack, proaching a cyber Pearl Harbor where: American people from cyber attack whose disabling would result in mass An aggressor nation or extremist group and cyber theft. casualties, catastrophic economic loss, could use these kinds of cybertools to gain If you look at what has happened and assaults on our national security. control of critical switches . . . [and] derail since the cloture vote on the Cyberse- So let me come back to what I said. passenger trains, or even more dangerous, curity Act failed back in August, I The best arguments for this bill and for trains loaded with lethal chemicals. think you will see how urgently we voting on the motion to proceed and They could contaminate the water supply need to seize this opportunity to at going to the bill are not the argu- in major cities, or shut down the power grid across large parts of the country. least vote to proceed to the Cybersecu- ments, frankly, that I will make on be- rity Act. Senator REID has made clear half of the bill but the facts that have That is not science fiction. That is that he would allow a finite number of occurred and the limited amount of not an alarmist. That is the Secretary amendments—finite because, after all, time since August when this initial of Defense of the United States, Leon we are in a postelection so-called lame- vote to proceed to the Cybersecurity Panetta, issuing a warning based on duck session. The amendments can’t go Act occurred. what anybody who works in this field on forever. But a finite list would allow On August 15, just 2 weeks after the knows is reality. there to be a discussion and vote on the last cloture vote, a computer virus In recent weeks, we have watched major concerns people still seem to called Shamoon erased the hard drives one section of our country—in this case have with the compromised bipartisan of 30,000 computers owned and operated the Northeast, including my own State Cybersecurity Act of 2012. by Saudi Aramco, one of the world’s of Connecticut—hit by Hurricane I appeal to my colleagues: Don’t be largest energy companies. What hap- Sandy and then a follow-on northeaster recorded as no. Say yes to at least al- pened as a result of the erasing of those storm, losing power. Some parts of New lowing a discussion of cybersecurity hard drives, the data files were re- York and certainly New Jersey were legislation here, offer some amend- placed with images of burning Amer- hit harder than Connecticut, but we ments, and then, of course, understand ican flags. It is pretty clear who car- were hit pretty hard ourselves. Some that we are not a unicameral legisla- ried out this attack. The computers still are without power, and this is the ture, to say the obvious. If—as I hope— were rendered useless and had to be re- third week since the hurricane. This is we can pass cyber security legislation placed and restored. Some cyber ex- exactly the kind of dislocation and suf- here, it has to go to conference with perts that I trust say this was the most fering that would occur if an enemy the House that I would say has—de- destructive cyber attack against a pri- cyber attacked America’s electric scribing it diplomatically—a different vate company in history. A similar at- power system. It is why we need to at position than as reflected in the Cyber- tack was carried out on the Qatari nat- least vote to take this bill up now with security Act of 2012 that emerged in ural gas company called RasGas. Re- a sense of urgency in this session. Time part from the Homeland Security Com- member the burning American flags? is not on our side. mittee; which is why I have the honor Iran is suspected as the attacker in The elections are over. The American of managing this debate, brought out both instances. people through their votes have told us with the strong support from my rank- Thanks to quick work, really ex- in a clear and certain voice that they ing member and dear friend Senator traordinary work by Aramco and many want us to work together to solve the COLLINS of Maine, and then working to- of the world’s leading cyber security many challenges our Nation confronts. gether with Senator FEINSTEIN, the technologists and experts, the damage I know we are focused on avoiding chair of the Senate Intelligence Com- to Saudi Aramco was contained. But going over the fiscal cliff and the chal- mittee, Senator ROCKEFELLER, the this attack could have thrown global lenge to Congress is, Can we solve our chair of the Commerce Committee, and oil markets into chaos and a lot of fiscal problems? Can we come to a bi- Senator CARPER, who has had a real in- economies—including ours—into great- partisan compromise before we go over terest in cyber security and is a leader er stress than we are already in if or- the cliff? on the Homeland Security Committee. ders couldn’t be filled or shipments In this case of cyber security and We bring this legislation forward. made. cyber vulnerability, the challenge be- We are being given a second chance That was August, 2 weeks after the fore us is, Can we come to a bipartisan to raise our defenses against rival na- last cloture vote on the cyber security agreement compromise—and we think tions, enemy nations, industrial spies, bill. Then in September, the consumer we have in the bill before us—and cre- cyber terrorists, organized anti-Amer- Web banking sites of some great Amer- ate and improve our defenses before a ican nonstate actors, and international ican financial institutions—Bank of catastrophic cyber attack occurs, as it organized criminal gangs who are con- America, JPMorgan Chase, Wells surely will, and then we come rushing stantly probing our computer networks Fargo, PNC Bank, and some others— back to raise our defenses, as we did for weaknesses that they can exploit to came under the largest sustained de- after 9/11, after we have suffered an at- steal industrial secrets, to take some nial of service attack in history. As I tack? of the best results of American innova- am sure most of my colleagues know, Mr. WHITEHOUSE. Mr. President, tion and entrepreneurship overseas this is when the Web sites are essen- will the Senator yield for a question? and, with it, the jobs that come with tially overloaded, they are flooded, to Mr. LIEBERMAN. I will. those secrets. And, of course, to sabo- make it impossible for them to stay up Mr. WHITEHOUSE. I want to ask the tage critical infrastructure—power- and provide the service they normally distinguished chairman, who ref- plants, financial systems, tele- do. These attacks went on in different erenced the important word, ‘‘com- communications systems, water sys- waves for weeks, knocking many of promise,’’ if he has spoken about the tems, and so on and so on—which are these sites that are very important to extent to which this bill reflects not the systems that we depend on in our commercial life in our country offline only the original bipartisan com- society for our quality of life, for our or slowing them to a crawl. Just take promise between himself and his rank- freedom of expression, so many of them a look at how much commerce is now ing member, Senator SUSAN COLLINS of owned by the private sector and man- conducted over the Internet and I Maine, but then a second compromise aged and controlled now, operated, by think you can see the potential catas- done to reach further to our Repub- cyber systems over the Internet and, trophe here. These kinds of attacks lican colleagues that is actually al- therefore, subject to cyber attacks. really could bring our banking system ready embedded in this bill. I think it That is what this bill is about, cre- and the economy to its knees. Again, is important for the people who are ating standards for public-private co- some intelligence officials that I re- watching and listening to us to recog- operation to raise our defenses against spect suspect that Iran or its agents nize that not only was this an original

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6776 CONGRESSIONAL RECORD — SENATE November 14, 2012 bipartisan bill that was the product of an Executive order that does as much Unfortunately, despite significant bipartisan compromise and discussion, as an Executive order can do to protect changes made to the Cybersecurity Act but then a further unilateral step was America better from cyber attack and that Senator LIEBERMAN, Senator COL- taken by the distinguished chairman to cyber theft. LINS, Senator ROCKEFELLER and I move even more toward Republican The President does have the author- agreed to in July and August, many on colleagues. So it is not only a com- ity to issue an Executive order that the other side of the aisle filibustered promise but double compromise that is will establish standards for cyber secu- the bill. Since that time we have on the Senate floor right now. rity for all 18 critical infrastructure learned of additional major cyber at- Mr. LIEBERMAN. I thank my friend sectors under existing law and require tacks. from Rhode Island. I thank my friend those sectors to be implemented in cer- In October and September of this for his interest in the area of cyber se- tain areas where the regulators have year, at least nine major U.S. banks curity and for his leadership. I have the power to mandate such observance were hit by a series of attacks that not talked about that yet—and I will of the standards. A draft of such Presi- blocked their customers from accessing right now—which is to say, following dential order is now being circulated, their banking information or making the advice of most of the experts of but the President does not have the online transactions. This list of vic- both political administrations and ex- power under existing law to offer a lot tims includes the country’s largest, perts outside, one of the centerpieces of of the benefits that our bill would give most sophisticated financial institu- our original bill was to create a public- private sector owners of critical infra- tions: the Bank of America, JPMorgan private process—government and peo- structure. Chase, Citigroup, the U.S. Bank, Wells ple who live in these sectors of our For one thing the President does not Fargo, PNC, Capital One, BB&T Cor- economy—to draft best practices, not have the ability to offer the private poration, and HSBC—all cyber at- to have them imposed by the Govern- sector owners the liability protection I tacked. ment, and then to make it mandatory have just described. In addition, needed These attacks systematically hit within a set period of time, and that changes to law that permit private banks for 5 weeks. They disrupted traf- these practices, these standards, would companies to share cyber security fic at each bank for a day or two before be general principles, not all do’s and threat information among themselves moving on to the next victim. It was a don’ts, to leave room for the private and with the government will go un- well planned and coordinated cyber at- sector to come up with the best way made. So both sides in this debate have tack from bank to bank to bank to they thought they could meet those acknowledged that this is a critical bank. It disrupted the banking system, standards. piece in any bill. But it cannot be im- but it did not destroy it. But that Opponents, particularly the business plemented by executive action. We are doesn’t mean the attackers do not have community, and some of our friends on the lawmakers. We have the ability to the ability to destroy it. This is a real the other side, have said to us that protect our country better than the wake-up call, and I think we ignore it they fear that would be more regula- President does by Executive order. I at our own peril. tion of business. Senator COLLINS, my have appealed to the President that if I have come to believe it is negligent ranking member and dear friend, is a we are not able to act here that he to fail to pass a bill with the warnings leading advocate of regulation reform should issue this Executive order. I am that are out there today. I remember, I and lighter regulation on business. But very encouraged by the work done on was on the Intelligence Committee she said over and over with such credi- it, and I am confident that if we fail to when the CIA Director, then-Director bility and force: This is not regulation act the President will act. I think he Tenet, came before the committee in of business; this is protection of our has a responsibility to act because if the middle of the summer in 2001 and homeland security, of our economy. we fail to act we are leaving the Amer- said to us: We anticipate an attack. We You reform regulation when the regu- ican people extremely vulnerable to a don’t know where. We don’t know lations seem to be too much and get in major cyber attack. Therefore, al- when. That attack came, and it was 9/ the way of economic growth. We have a though the legislation is preferable, an 11. Today there is the same anticipa- threat that is today stealing billions of Executive order will certainly give the tion of a big attack, a big cyber attack. dollars of American innovation, taking American people protection. And we need to put in place the legal jobs elsewhere in the world. I have more to say, but I note the procedures to prevent that. OK, we had it mandatory, but it was presence on the floor of my colleague Let me mention other recent cyber clear we were not going to get to 60 and partner in this pursuit, the chair of attacks. In August, a foreign country votes. I have said over and over, one of the Senate Intelligence Committee, or organization used computer code to the problems we have in Congress now Senator FEINSTEIN. If she would like to destroy 30,000 computers at the world’s is people seem to say if they do not get speak, I will yield the floor to her. largest energy company, that is Saudi 100 percent of what they want, they are Mrs. FEINSTEIN. I would, and I Aramco, and that is Saudi Arabia’s not going to vote for a bill. So I had to thank my colleague. state-owned oil company. How is this listen to my own words because if they The PRESIDING OFFICER. The Sen- done? According to the New York wait for 100 percent of what they want ator from California is recognized. Times, the cyber attackers ‘‘unleashed on a bill, everybody is going to end up Mrs. FEINSTEIN. Madam President, a computer virus to initiate what is re- with zero percent. We might as well try if I may, I want to compliment Senator garded as among the most destructive to get done what we agree on. So we LIEBERMAN on his steadfast determina- acts of computer sabotage on a com- took a big step, which was to make tion to get this bill passed. I think he pany to date. The virus erased data on those mandatory standards voluntary. and his ranking member, Senator COL- three-quarters of Aramco’s corporate Then we threw in an incentive, which LINS, have done a very fine job. I think PCs—documents, spreadsheets, e-mails, is a lot—partial liability, immunity it is important for everyone to know files—replacing all of it with an image from liability in the case of a cyber at- about those hours when we sat down of a burning American flag.’’ tack—as an encouragement for those with other Members trying to nego- If anything is a harbinger of things companies that voluntarily opt into tiate something people might agree to to come, that is clear. Why would one the standards that the voluntary proc- on this cyber bill. Unfortunately, we put their signature on a major cyber ess would set up that gets some immu- could not. attack by showing burning American nity from liability for prosecution. I am very worried. I am very worried flags unless they had some additional Incidentally, President Obama has there will be a major cyber attack on intent against the U.S.? We cannot un- made very clear, first, that he totally this Nation. I do not say that without derestimate the threat. To do so is gets the seriousness of this challenge intelligence to back it up. On the Intel- sheer negligence on the part of this to our security, this cyber challenge to ligence Committee, we receive regular body. our security and our prosperity. He has warnings from the Intelligence Com- In the 5 months from October 2011 supported this legislation, but he has munity that tell us cyber attacks are through February 2012, over 50,000 gone one step further now and said if increasing in number, sophistication, cyber attacks were reported on private we fail to pass legislation, he will issue and damage. and government networks with 86 of

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6777 those attacks taking place on critical I asked the Chamber where they I thank the Chair for the extra time, infrastructure networks. So we have 86 thought our language was deficient. I yield the floor and ask that my re- attacks on critical infrastructure net- asked them if they could improve on maining remarks be printed in the works. the immunity provisions, to please RECORD. Keep in mind these 50,000 incidents send us bill language. Did they? No. There being no objection, the mate- were only the ones reported to the De- They did not. I think that is some tes- rial was ordered to be printed in the partment of Homeland Security. So timony that is worth thinking about. RECORD, as follows: they represent but a small fraction of Over the summer, the majority lead- Let me describe what the information cyber attacks carried out against the er offered to vote on a set list of sharing title does specifically. United States. This year, 2012, Nissan, amendments. He asked if the minority First, title VII explicitly authorizes com- MasterCard, and Visa joined the ranks could put together the 10 votes it want- panies to search for cybersecurity threats on of other major companies already ed, and as long as they were relevant their own networks and to take appropriate and germane to the bill, we would con- actions to defend their networks against hacked—Sony, Citi, Lockheed Martin, these threats. Northrop Grumman, Google, Booze sider them. No list was provided. So we Many companies monitor and defend their Allen Hamilton, RSA, L–3, and the U.S. voted, and by a vote of 52 to 46, cloture own networks today, in order to protect Chamber of Commerce as victims of was not invoked. themselves and their customers. hacking last year. Again, after the vote, the staff from But we have heard from numerous compa- We also know that last year for at both sides of the Homeland Security nies that the law in this area is unclear, and least 6 months, 48 companies in the Committee, the Commerce Committee, that sometimes it is less risky, from a liabil- and the Intelligence Committee held ity perspective, to just hope attacks don’t chemical, defense, and other industries happen than to take additional steps to de- were penetrated by a hacker looking to numerous meetings to negotiate a com- promise. The effort did not succeed. So fend themselves. steal intellectual property. The cyber So this bill will make the law crystal clear security company Symantec has at- if we are to address the major problem by giving companies explicit authority to tributed some of these attacks to com- of cyber attacks and potential cyber monitor and defend their own networks. puters in Hebei, China. warfare, we have no option but to bring Second, the bill clearly authorizes private Here is the point. We know we are the Lieberman-Collins bill back on the companies to share cyber threat information being attacked by other countries. I floor. with each other. There have been concerns that antitrust hear it in the Intelligence Committee. I know my time is limited here today. And I know the Nation’s cyber laws or other statutes prevent companies It is classified so I cannot go into it from cooperating on cyber defense. This bill, here. But suffice it to say that we know laws are woefully out of date. Let me touch on one more thing regarding the section 702, clearly says: ‘‘notwithstanding it is happening. Things are only going any other provision of law, any private enti- information sharing part of the bill. I to get worse, as Secretary Panetta said ty may disclose lawfully obtained cybersecu- received a call from a CEO of a high- in a recent major address in New York. rity threat indicators to any other private tech company about the homeland se- Let me just read one section of his entity in accordance with this section.’’ curity portal or exchange, as we call it Third, the bill authorizes the govern- speech: in the bill. That CEO said, We would ment—which will largely mean, in practice, The collective result of these kinds of at- like our information to go directly into the intelligence community—to share classi- tacks could be a cyber Pearl Harbor, an at- fied information about cyber threats with tack that would cause physical destruction the Department of Defense. Let me note that would create a big problem. appropriately cleared organizations, such as and loss of life. In fact it would paralyze and companies, outside of the government. shock the nation and create a new, profound It created a problem with a number of Today, only government employees and sense of vulnerability. U.S. Senators who are concerned about contractors are eligible to receive security Members of the Senate, we are the military getting this kind of cyber clearances and therefore gain access to na- warned. We are warned clearly, we are information. And it created a big con- tional secrets. To put it another way, those warned directly, and we are warned by cern with the privacy organizations with a valid ‘‘need to know’’ national secu- throughout our country. So it was rity secrets are usually within the govern- the Head of Cyber Command, General ment or working for the government. Alexander, as well as the Secretary of changed so that the portal would be run most likely by Homeland Security. That isn’t true for cyber security. The Defense. Yet we do nothing. companies that underpin our Nation’s econ- I strongly believe we need to pass But here is the point I wish to make. omy and way of life have a ‘‘need to know’’ this bill. Then it will go to the House. The transfer of cyber information is about the nature of cyber attacks so they And then there will be a conference. with the click of a mouse. It moves in- can better secure their systems. Along the way, there will have to be stantaneously, so that as informa- So under this bill, companies able to qual- some accommodations made. But, tion—— ify to receive classified information will be The PRESIDING OFFICER (Mr. certified and then be able to obtain classified there is no reason for this Senate, CASEY). The time of the Senator has information about what cyber threats to knowing what we know, not to pass expired. look out for. this bill. Mrs. FEINSTEIN. I ask unanimous Fourth, the bill establishes a system for We also know the President would consent for 1 minute to conclude. any private sector entity—whether a power sign this bill, and we know the Presi- utility, a defense contractor, a telecom com- The PRESIDING OFFICER. Is there pany, or others—to share cyber threat infor- dent would not sign the House bill as objection? Without objection, it is so is. So we have an opportunity by mov- mation with the government. ordered. This is the piece that General Alexander— ing forward with this bill. Mrs. FEINSTEIN. So as information the Director of the National Security Agen- I want to remind my colleagues of ef- comes in, it goes instantaneously into cy and the Commander of U.S. Cyber Com- forts made to negotiate an agreement the correct area. The CEO who called mand—says is absolutely necessary for the on this bill. Before the bill came to the me said, I didn’t know that. Thank protection of the United States. floor in July, and while the Senate was you. I have no problem with that. Here is how the provision works: considering it, there were numerous So I would ask my colleagues who The Secretary of Homeland Security, in meetings every day by a dozen or more consultation with the Attorney General, the have voted against this bill to recon- Secretary of Defense, and the Director of Na- Senators. The authors of the bill met sider. We are never going to do the per- tional Intelligence, would designate a federal with Senators McCain, Chambliss, fect bill. The bills are going to have to cybersecurity exchange. This would be an of- Hutchison, the sponsors of the SE- be changed and amended as time goes fice or center that already exists, and al- CURE IT Act, as well as Senators Kyl on. But I think passing a bill is impor- ready shares and receives cyber threat infor- and Whitehouse, and a group they con- tant. I think to leave this country vul- mation. vened. We had multiple meetings with nerable, not to pass a bill because Private companies would share cyber the U.S. Chamber of Commerce. The somebody doesn’t like this part or that threat information with the exchange di- Chamber’s largest concern with Title part, is negligent, it is irresponsible, rectly. The exchange must be a civilian enti- ty; I expect it would be within the Depart- VII on information sharing was over and God forbid if we have that major ment of Homeland Security. the liability protections in our bill— cyber Pearl Harbor that Secretary Pa- Let me stop there. Why not have this por- which is what the Intelligence Com- netta referred to in his speech. I urge tal or exchange be in the military or the mittee staff worked on and prepared. my colleagues to pass this bill. NSA? There are two reasons:

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6778 CONGRESSIONAL RECORD — SENATE November 14, 2012 First, we are talking here about the pro- threat information with the federal cyberse- bill, of which I am a cosponsor, met tection of the government’s network—the curity exchange. regularly, and I was hopeful we could dot.gov network—and the computer systems The bill reads: ‘‘no civil or criminal cause resolve the significant differences be- outside of the government. We are not talk- of action shall lie or be maintained in any tween these two bills. Unfortunately, ing about protecting the dot.mil network Federal or State court against any entity we did not reach an agreement, and and the Department of Defense, and we are [meaning a company] acting as authorized not talking about actions that the military by this title, and any such action shall be even though we had been promised an takes overseas. Protection of the private sec- dismissed promptly for . . . the voluntary open amendment process on this under- tor—of the electrical grid or Wall Street—is disclosure of a lawfully obtained cybersecu- lying bill, the majority leader once simply not the military’s or NSA’s responsi- rity threat indicator to a cybersecurity ex- again filled the tree and filed cloture. bility. change.’’ Unfortunately, nothing has changed Second, there is, for good reason, major In other words, a company is immune from since then, so I am compelled to do the concern among privacy advocates not to lawsuit if it shares cyber threat information same thing today. have private sector information, which could with a Federal exchange. We all understand the serious threat include Americans’ banking records, or The same immunity applies to: that is facing our country from cyber email traffic, or health care records, being Companies who monitor their own net- attacks and intrusions, but that does shared by companies with the military or in- works; telligence community. Cybersecurity companies who share threat not mean Congress should just pass In drafting this bill, we heard from several information with their customers; any bill. Frankly, the underlying bill is Senators for whom having a military ex- Companies that share information with a not supported by the business commu- change was a complete non-starter. We critical infrastructure owner or operator; or nity, for all the right reasons, and they worked with Senators Durbin, Franken, Companies who share threat information are the ones who are impacted by it. Coons, Akaka, Blumenthal, and Sanders, and with other companies, as long as they also They are the ones who are going to be others to craft this language putting a civil- share that information with the Federal cy- called on to comply with the mandates ian entity in the lead. bersecurity exchange within a reasonable and the regulations. Frankly, it is not General Keith Alexander, the Director of time. going to give them the kind of protec- the National Security Agency, also supports If a company shared information in a way this model. He wrote, in his July 31 letter to other than the five ways I just mentioned, it tion they need from cyber attacks. Senator Reid: ‘‘The American people must still receives a legal defense under this bill So I regret to have to stand up today have confidence that threat information is from suit if the company can make a reason- and say that I intend to vote against being shared appropriately and in the most able good faith showing that the information cloture on this bill, and I yield to Sen- transparent way possible. That is why I sup- sharing provisions permitted that sharing. ator GRASSLEY. port information to be shared through a ci- Further, no civil or criminal cause of ac- The PRESIDING OFFICER. The Sen- vilian entity, with real-time, rule-based tion can be brought against a company or an ator from Iowa. sharing of cyber security threat indicators officer, employee, or agency of a company Mr. GRASSLEY. Mr. President, we with all relevant Federal partners.’’ General for the reasonable failure to act on informa- are again discussing the important Alexander is the top military and intel- tion received through the information shar- topic of cybersecurity—a topic we all ligence official on cyber saying that he sup- ing mechanisms set up by this bill. agree is of the utmost importance and ports a civilian exchange. Basically, the only way that anyone par- worthy of our attention. Unfortu- So we have the Federal exchange. Compa- ticipating in the information sharing system nies will use the exchange, as a portal and can be held liable is if they are found to have nately, this is like the movie ‘‘Ground- information will be sent automatically and knowingly violated a provision of the bill or hog Day.’’ The majority continues to instantaneously to other parts of the govern- acted in gross negligence. push the same flawed legislation that ment. This is what General Alexander was So there are very strong liability protec- failed to garner enough votes for con- describing. tions in this bill for anyone that shares in- sideration just three months ago. This part is critical. We are not talking formation about cyber threats—which is No one disputes the need for Congress about information going to an office in the completely voluntarily. to address cybersecurity. Department of Homeland Security and wait- In addition to narrowly defining what in- However, Members do disagree with ing for someone to look at it and figure out formation can be shared with an exchange, the notion this problem requires legis- whether to share it and with whom. our bill also requires the Federal govern- lation that increases the size of the This is an automatic, instantaneous proc- ment to adopt a very robust privacy and ess. Information comes in and is automati- Federal Government bureaucracy and civil liberties oversight regime for informa- places new burdens and regulation on cally shared with other departments and tion shared under this title. There are mul- agencies. tiple layers of oversight from different parts businesses. The bill requires that procedures be put in of the executive branch, including the De- Enhancing cybersecurity is impor- place so that information is shared in real- partment of Justice and the independent Pri- tant to our national security. I support time. This has to be done automatically, so vacy and Civil Liberties Oversight Board, as efforts to strengthen our Nation that cyber defense systems can move to iden- well as the Congress. against cyber attacks. tify and disrupt a cyber attack as it is com- Consider this: In October, General Alex- However, I take issue with those who ing over the networks. ander—the Director of the NSA—and An- have come to the floor and argued that I discussed this recently with a CEO of a thony Romero, the Executive Director of the those who don’t support this bill are high-tech company. He was concerned that ACLU, spoke together on a cybersecurity information wouldn’t reach the Department against strengthening our Nation’s cy- roundtable at the Woodrow Wilson Center. bersecurity. of Defense. I explained that our bill would General Alexander praised title VII’s ap- provide instantaneous sharing to DOD. He As I said in August, disagreements proach to information sharing, and Mr. Ro- over how to address policy matters said that would satisfy his concerns. So this mero said ‘‘I think it strikes the right bal- is a major point. ance.’’ It is not often that the Director of the shouldn’t devolve into accusations Having a single focal point is also more ef- NSA and the Executive Director of the ACLU about a Member’s willingness to tackle ficient for the government. It will help agree on legislation. If they can, I would tough issues. eliminate stovepipes because right now there hope that the Senate can come together as The debate over cybersecurity legis- are dozens of different parts of the govern- well. lation has turned from a substantive ment receiving information from the private The time to act is now. The cyber threat analysis of the merits into a political sector about the cyber threats they are en- we face is real, it is serious, and it is grow- countering, and no one agency has the re- blame game as to which side supports ing. The country is vulnerable, and this leg- sponsibility to ensure the information is defending our Nation more. islation is essential. I urge my colleagues to shared with other parts of the government. If we want to tackle big issues such support the motion to proceed and to sup- It would also make privacy and civil lib- as cybersecurity, we need to rise above port the bill. erties oversight easier, as I will describe in a disagreements and work in a construc- moment. Finally, it should save tax payers The PRESIDING OFFICER. The Sen- tive manner. Disagreements over pol- money, because it is more efficient to man- ator from Georgia. icy should be openly and freely de- age and oversee the operation of one des- Mr. CHAMBLISS. Senator GRASSLEY, bated. ignated cybersecurity exchange versus a half who is scheduled to speak next, has Unfortunately, this isn’t how the de- dozen or more parts of the government. been kind to give me 45 seconds, so I Now let me describe the liability protec- bate on cybersecurity proceeded. In- tions, because that is a critical part of title appreciate that. stead, before a real debate began last VII. In July and August, the cosponsors of August, the majority cut it off. Section 706 of the bill provides liability both the underlying bill, the Lieber- This was contrary to the majority’s protection for the voluntary sharing of cyber man-Collins bill, and the SECURE IT promise earlier this year of an open

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6779 amendment process to address cyberse- We haven’t had any real debate on The threat of a cyber attack is real. curity. these issues. The lack of a real process Our Nation is already under attack. We Aside from process, I also have sig- in the Senate on this current bill am- are in a cyber war, and cyber attacks nificant substantive concerns with the plifies my substantive concerns. are happening every day. Cyber terror- bill. Chief among my concerns with the In fact, this is eerily reminiscent of ists are working to damage critical in- pending bill is the role played by the the debate surrounding ObamaCare. frastructure through efforts to take Department of Homeland Security. Here we are once again, in a lame over the power grid or disrupt our air These concerns stem from oversight I duck session the week before Thanks- traffic control systems. Those carrying have conducted on its implementation giving, tackling a serious problem that out these attacks are moving at break- of the Chemical Facility Anti-Ter- hasn’t been given the benefit of the neck speeds to steal state secrets and rorism Standards, or the CFATS pro- Senate’s full process. our Nation’s intellectual property. gram. I don’t want cybersecurity legisla- They are stealing financial informa- CFATS was the Department’s first tion to become another ObamaCare. If tion and disrupting business oper- major foray into regulation of the we are serious about our Nation’s secu- ations. rity, then shouldn’t we treat it as chemical sector. DHS spent nearly $500 Cyber attacks can disrupt critical in- such? million on the program. Five years frastructure, wipe out a family’s entire later, they have just begun to approve Additionally, the staff of the spon- sors of the legislation before us con- life savings, and put human lives at site security plans for the more than risk. They can take down entire com- 4,000 facilities designated under the tinue behind-the-scenes efforts to nego- tiate changes to the bill we are being panies by hacking into computer net- rule. works where they remain undiscovered I have continued to conduct over- asked to vote on. If the bill sponsors for months, even years. sight on this matter. Despite assur- are still negotiating changes, why ances from DHS that they have fixed don’t we have the benefit of a full and FBI Director Mueller testified before all the problems with CFATS, I keep open amendment process to try and fix the Senate Intelligence Committee, discovering more problems. it before we vote for cloture? It simply stating that cyber crime will eventu- On top of this concern, since the last doesn’t make sense. ally surpass terrorism as the No. 1 vote in August, the chairman and Instead, it appears today’s vote is threat to America. The economic losses ranking member of the Senate Perma- about something other than cybersecu- of cyber crime alone are stunning. A nent Subcommittee on Investigations rity. It is yet another attempt by the Norton Cybercrime Report valued have released a report criticizing DHS majority to paint the minority as ob- losses from cyber attacks at $388 bil- and the fusion centers they operate. structing the work of the Senate. Most lion in 2011. The subcommittee report criticized likely, this vote will be used simply as I have been working on cyber issues DHS’s fusion centers as ‘‘pools of inep- fuel for the majority’s effort to dis- since I was elected to the Senate. The titude, waste, and civil liberties intru- mantle the filibuster. So much for National Security Agency—our cyber sions.’’ tackling cybersecurity without putting warriors—are in Maryland. I have been And that is the evaluation after DHS politics into the mix. working with the NSA to ensure that spent as much as $1.4 billion on this This isn’t the way we are supposed to signals intelligence is a focus of our na- program. legislate. The people who elected us ex- tional security even before cyber was a Given these examples, I am baffled pect more. method of warfare. why the Senate would take an agency How many Senators are prepared to In 2007, Estonia was attacked. Esto- that has proven problems with over- vote on something this important, nia was strengthening its ties to seeing critical infrastructure and give without knowing its impact because we NATO, and Russian hackers swiftly them chief responsibility for our coun- haven’t followed regular order? Are we struck back. They waged war on Esto- try’s cybersecurity. to once again pass a bill so that the nia and threatened its government, Additionally, I am concerned with American public can then read it and rendered Estonia’s networks obsolete provisions that restrict the way infor- find out what is in it? for days. This attack was designed to mation is shared. These are questions that all Senators intimidate, manipulate, and distort. The restrictions imposed under title should consider. And our citizens The cyber attacks on Estonia raised VII of this bill are a step backward should know in advance what we are important questions. Would article 5 of from other information-sharing pro- actually considering. the NATO Charter be invoked? Since posals. This includes the bill I have co- If we are serious about addressing the attack was on one member of sponsored, the SECURE IT bill. this problem, then let’s deal with it ap- NATO—was it an attack on all mem- The bill before us places DHS in the propriately. bers? How would the U.S. and other al- role of gatekeeper of cyber threat in- Rushing something through that will lies need respond to future attacks? formation. The bill calls for DHS to impact the country in such a massive What would happen if America experi- share the information in ‘‘as close to way isn’t the way we should do busi- enced a similar cyber attack? real time as possible’’ with other agen- ness. As member of the Senate Intelligence cies. However, this will create a bottle- It is not good for the country and it Committee, I served on the Cyber neck for information coming into the is not good for this body. Working Group where we developed government. Thank you. I yield the floor. Further, title VII includes restric- Ms. MIKULSKI. Mr. President, today core findings to guide Congress. The tions on what types of information can I wish to support the Cybersecurity need to get governance right, the need be shared, limiting the use of it for Act of 2012. As a member of the Intel- to protect civil liberties, and the need criminal prosecutions except those ligence Committee, I know that cyber to improve the cyber workforce. that cause imminent harm. security is the most pressing economic As chair of the Commerce, Justice, This is exactly the type of restriction and national security threat facing our Science Appropriations Subcommittee, on information sharing that the 9/11 country. I fund critical cyber security agencies: Commission warned about. There still needs to be a sense of ur- the FBI which investigates cyber In fact, the 9/11 Commission said, gency in addressing this issue, and we crime, NIST, which works with the pri- ‘‘the [wall] resulted in far less informa- must pass this legislation. Doing so vate sector to develop standards for tion sharing and coordination.’’ The will allow us to defend our computer cyber security technology, and NSF, Commission further added, ‘‘the re- networks and critical infrastructure which does research. moval of the wall that existed before 9/ from a hostile, predatory attack. Such As a member of Defense Appropria- 11 between intelligence and law en- an attack is meant to humiliate, in- tions Subcommittee, I work to ensure forcement has opened up new opportu- timidate, and cripple us. If we wait critical funding for Intel and cyber nities for cooperative action.’’ until a major attack occurs, we will agencies such as the NSA, CIA, and Why would we even consider legisla- likely end up over-reacting, over-regu- IARPA. These organizations are com- tion that could rebuild these walls that lating, and overspending in order to ad- ing up with the new ideas that will cre- threaten our national security? dress our weakness. ate jobs and keep our country safe.

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6780 CONGRESSIONAL RECORD — SENATE November 14, 2012 Funding is critical to build the work- hacked—$9 million was stolen in less documents that they would have filled force, provide technology and re- than 12 hours. The hackers broke into delivery trucks end-to-end stretching sources, and to make our cyber secu- accounts and changed limits on payroll from Washington, DC to Baltimore rity smarter, safer, and more secure. debit cards employees use to withdraw Harbor. Yet technology will mean nothing their salaries from ATMs. The cards But don’t take my word for it that unless we have a trained workforce. In were used at over 2,100 ATMs in at this issue is urgent and that we need to order to fight the cyber security war, least 280 cities around the world, address critical infrastructure. Who we have to maintain our technological United States, Russia, Ukraine, Esto- else says it is urgent? Experts from development, maintain our qualitative nia, Italy, Hong Kong, Japan, Canada, both side of the aisle do. Folks like advantage, and have our cyber warriors stealing over $9 million from former CIA Director Mike McConnell, ready at battle stations. In order to de- unsuspecting employers and employ- DHS head Michael Chertoff, Vice velop our cyber shield, we need to train ees. Chairman of the Joint Chiefs of Staff cyber warriors so they can protect our This heist, one of the most sophisti- James Cartwright, former cyber czar Nation. I have been working with cated and organized computer fraud at- Richard Clarke, and many others have Maryland colleges and universities to tacks ever conducted proves that you said we need to address critical infra- create world-class programs, a national don’t need a visa to steal someone’s structure. model, and for training our next gen- visa card. And our top defense and military eration of cyber warriors. From 2008 to 2010, a Slovenian citizen leaders such as Defense Secretary Leon I asked Senator REID to conduct a created ‘‘Butterfly Bot’’ and sold it to Panetta, Chairman of the Joint Chiefs cyber security exercise, which showed other criminals worldwide. Cyber of Staff Dempsey, Director of National us in real time how the U.S. Govern- criminals developed networks of in- Intelligence Clapper, and again, GEN ment would respond to a predatory fected computers. The Mariposa vari- Keith Alexander. The threat is here cyber attack of great magnitude. I ety from Spain was the most notorious and it is now. And if we do not act, if asked for the Senate cyber exercise for and largest. Mariposa infected personal we let the perfect be the enemy of the three reasons. First, we need a sense of computers, stole credit card and bank good, then this country will be more urgency here in the Senate to pass account information, launched denial vulnerable than ever before, and Con- cyber security legislation. Second, we attacks to shut down online services, gress will have done nothing. This bill is not perfect, but I want to need to put the proper legislative pol- and spread viruses to disable com- say upfront that Senators LIEBERMAN icy in place. Third, I wanted to create puters and networks. and COLLINS have heard the critics and a sense of bipartisanship camaraderie. Industry experts estimated the One example of the impact a cyber Mariposa Botnet may have infected as tried to incorporate their views. DHS’s role has been criticized by many, my- attack would have is the power outages many as 8 million to 12 million com- self included. I have been skeptical caused by our freak storms this sum- puters. The size and scope of the infec- that they could perform some of the mer. We got a glimpse of what an at- tion makes it difficult to quantify fi- duties assigned in this bill. tack on the grid would be like. At least nancial losses but could easily be tens To be honest, I still am skeptical, al- Pepco has the ability to respond and of millions of dollars. though less so than before, but I think Speaking simply, this bill does two restore and turn the power back on. this bill takes important steps to di- key things from a national security With an attack on the grid we could versify the government and private lose the power to turn electricity back perspective. It helps businesses volun- sector actors involved. So we are not on because it was shut down by power tarily get cyber standards that they just focusing on DHS, but also the manipulation. Imagine our largest cit- can use to protect themselves, and it right civilian agencies in charge be- ies, like New York and Washington, allows businesses and the government cause in the end we cannot have intel- like the Wild West with no power, to share information with each other ligence agencies leading this effort schools shut down, parents stuck in about cyber threats. That is, to help with the private sector. Some would traffic, public transit crippled, no traf- ‘‘.gov’’ to protect ‘‘.com.’’ like to see that go further, and that is fic lights, and 9-1-1 systems failing. In a constitutional manner, these what the amendment process is there In the financial industry, the FBI two things are not necessarily con- for. currently has 7,600 pending bank rob- nected, but they can be. The reason We have had people in the civil lib- bery cases and over 9,000 pending cyber why these provisions are such an inno- erties community worried about investigations. According to the FBI, vation is that despite all the amazing whether this bill could allow intrusions the Bureau is currently investigating talent and expertise that companies by the government into people’s pri- over 400 reported cases of corporate ac- have, many are being attacked and vacy. As a Marylander, this was a tan- count takeovers where cyber criminals don’t know it. And this legislative tamount concern for me as well. If we have made unauthorized transfers from framework gives the structure to allow don’t protect our civil liberties, then the bank accounts of U.S. businesses. for unprecedented ‘‘.com’’ and ‘‘.gov’’ all this added security is for naught be- These cases involve the attempted cooperation. cause we would have lost what we theft of over $255 million and actual There are also other several other value most, our freedom. losses of approximately $85 million. key components in the bill focusing on Again, I think the authors of this Hackers have repeatedly penetrated research and development, workforce bill, especially Senator FEINSTEIN, have the computer network of the company development, and FISMA reform. made key improvements on issues of that runs the Nasdaq Stock Market. Why do we need a bill to make some law enforcement powers and protecting The New York Stock Exchange has of these vital partnerships and ex- core privacy concerns. I know not ev- been the target of cyber attacks. In the changes happen? eryone is totally pleased. But I think future, successful attempts to shut Because, as I have outlined, America this bill has made important strides to down or steal information from our fi- is under attack every second of every balance information sharing and pri- nancial exchanges could wreak havoc day. General Alexander, the head of vacy. of untold proportions on our economy. NSA and U.S. Cyber Command, has We all have been concerned that the In the 2010 ‘‘flash crash’’, the Dow said that we have witnessed the great- business community has opposed a lot Jones plunged 1,000 points in matter of est transfer of wealth in history in the of key critical infrastructure elements minutes when automatic computerized heist that foreign actors have per- of this bill. They fear strangulation traders shut down. This was the result petrated on our country. By stealing and over-regulation. They fear that of turbulent trading, not a cyber at- our secrets, stealing our intellectual they will open themselves up to law- tack and the market recovered. But property, and stealing our wealth. It is suits if they participate in the program this is a micro-example of what could mindboggling. Take just one example. with the government. These are valid happen if stock market computers are A theft by a foreign actor that took, concerns, and I have heard them from hacked, infected, or go dark. among other things, key plans for our Maryland businesses. I think this new In November 2008 the American cred- F–35 fighter. One attack on the Pen- bill has made the most strides in try- it card processor RBS Worldpay was tagon made off with so many sensitive ing to accommodate business and

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6781 building a voluntary framework to have implored us to act. General Alex- Mrs. HUTCHISON. Thank you. Are allow businesses to choose protection. ander, the Director of the National Se- there other speakers on our side? Let Protection does not come without re- curity Agency, knows what is at stake. me ask the Chair to notify me when sponsibility for participants, but I And his warnings have been dire. there is 10 minutes left in case Senator think this bill links the need for cyber He has said: ‘‘The cyber threat facing COLLINS comes or someone else. So I security with appropriate liability pro- the Nation is real and demands imme- would like to have up to 10 minutes tection and the expertise of our busi- diate action.’’ and be notified. ness community in a way that answers He has said: ‘‘the time to act is now.’’ Mr. President, I rise to speak against a lot of companies’ concerns. We can- General Dempsey, the Chairman of revoting this cloture motion, and the not eliminate all government involve- the Joint Chiefs of Staff, wrote me a main reason is that we are not going to ment in this issue. That won’t work. letter earlier this year about the ur- be allowed to have amendments. That And we will lose key government ex- gent need for comprehensive cyberse- is unacceptable because although we pertise in DOD, FBI, and elsewhere. curity legislation. In the letter, he ex- have worked diligently with the spon- But we work to try to minimize it plained that our: ‘‘adversaries will in- sors of the cyber security bill on the while maintaining government’s role in creasingly attempt to hold our Na- floor, a number of the ranking mem- protecting our national security. tion’s core critical infrastructure at bers of the relevant committees that I am so proud that the Senate came risk.’’ have jurisdiction over cyber security together in a bipartisan way to draft He stated that: ‘‘we cannot afford to have an alternative bill, the SECURE this legislation. The Senate must pass leave our electricity grid and transpor- IT Act, that we would like to be able to this legislation now. Working together tation system vulnerable to attack.’’ put forward as an alternative or have we can make our Nation safer and Both Generals agreed that we must an amendment process that would stronger and we can show the Amer- do something and they both pushed the allow our approach to have a chance to ican people that we can cooperate to Senate to adopt comprehensive cyber- prevail anyway. get an important job done. security legislation that tracks the Now, we are aware that the President Mr. ROCKEFELLER. Mr. President, specifics of the bill we have been debat- is signaling his intention to issue an for 4 years, we have been pushing the ing. Despite this urgent advice from Executive Order, but an Executive United States Senate to pass a bill to our nation’s top military advisors, that Order is not sufficient to really give improve our Nation’s cybersecurity. we need to act and that we need to do the encouragement and the protection During this time, the cybersecurity it now, some Senators suggested in Au- to the companies to allow them to threat to our country—to our way of gust that we needed more time to de- share information with other compa- life—has only grown. We have now seen bate cybersecurity. I strongly dis- nies that might have the same types of cyber attacks against our Nation’s agreed with this notion. But now we threats in the same industry area or pipelines, against our financial indus- have had another few months to think with the Federal Government. I am try, and even against nuclear power about this bill. Today, there is simply sorry we are not going to be able to plants. no more reason for delay. have amendments that would allow us The good news is we have not yet suf- We passed a Cybersecurity bill out of to perfect this bill. fered a devastating cyber attack. At the Commerce Committee in March Let me say that the proponents of S. this point, we are still only talking 2010. And it passed unanimously. The 3414 acknowledge that it is important about the potential impacts. We have Homeland Security Committee, led by to have a collaborative effort between not yet suffered an attack that greatly Senators Lieberman and Collins, the businesses that run almost 90 per- disrupts our financial industry, or an passed their cybersecurity bill by a cent of our Nation’s critical infrastruc- attack that cripples our electric grid. voice vote in June 2010. The bills both ture and the Federal Government. We But these potential outcomes are real. went through Committees well over 2 agree with that, which is why we have And it is imperative that we begin ad- years ago. Since that time, we have worked with the companies that run dressing the risks. had hundreds of meetings with the pri- the private networks to fashion a bill Today, we have the opportunity to vate sector, interest groups, and na- that would give them immunity if they begin this important work by moving tional security experts. Senators have share information and give them the forward with the Cybersecurity Act of received multiple classified briefings direct sharing capabilities to go di- 2012. We have the opportunity to show about the nature of this threat. Every- rectly to the defense agencies because the American people that we can rise one has had plenty of time to think we believe the agencies that work with above politics to do the job that they about this issue. And we have made it the communications and the military expect of us. quite clear that we are looking to com- industrial base companies would have National security is one of our most promise on this legislation. But to more of an understanding of the needs sacred obligations as Members of this compromise you need a partner. I am and what can be done to employ coun- body. If a vote on cybersecurity fails hoping that our Republican colleagues termeasures in a direct way. The bill today, we will have failed to meet that are now willing to be our partners on that is on the floor, however, requires obligation for the 112th Congress. this legislation. everything to go through the Home- I will be the first person to admit I hope that my colleagues will recon- land Security Department, and those of that this bill is not perfect. I have been sider the path we are on. At some us who are supporting SECURE IT be- clear that I believe a regulatory ap- point, if we do not do anything, there lieve there should be the ability to di- proach was the best approach to ensure will be a major cyber attack and it will rection share information with other that our country’s most critical infra- do great damage to the United States. agencies including the defense agen- structure addresses its cybersecurity After it is over, the American people cies. vulnerabilities. We moved to a vol- will ask, just as they asked after 9/11, The sponsors of our bill are the rank- untary approach to seek a compromise. what could we have done to stop this? ing members of eight committees and Yet it was not enough for some of our If we do not pass this legislation, subcommittees that have jurisdiction colleagues. Frankly, I do not under- they will learn about days like this one in this area: Senators MCCAIN, CHAM- stand why. and their disappointment in us and the BLISS, GRASSLEY, MURKOWSKI, COATS, I know the Chamber of Commerce de- United States Senate will grow. And BURR, JOHNSON, myself and Minority cided that it did not like this bill. But we will deserve their disappointment. Leader MCCONNELL. We believe the sometimes we need to make decisions Because we have had the opportunity consensus items in our bill are pref- that the Chamber of Commerce is not to act and we have failed. erable to the bill that is before us that happy with. Because it is not the The PRESIDING OFFICER. The Sen- we are not going to be allowed to Chamber’s job to worry about national ator from Texas. amend. security. That is the job of our mili- Mrs. HUTCHISON. How much time is SECURE IT offers a balanced ap- tary. And they have been quite clear remaining on our side? proach that will significantly advance about what is needed. They have told The PRESIDING OFFICER. There is cyber security in both the public and us that they need this legislation. They 20 minutes remaining. private sectors—first, to facilitate

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BRUCE JOSTEN, it gives immunity from liability for to cause a sea change in the current informa- Executive Vice President, sharing among the industries that tion-sharing practices between the public Government Affairs. might be affected as well as the defen- and private sectors. Title VII of the bill Mrs. HUTCHISON. We also have the sive actions that are taken. This is es- would actually impede the sharing of infor- endorsement of the National Associa- sential because you even need antitrust mation between business and government. The bill’s framework and strict definition of tion of Manufacturers, the American protection if you are going to share cyber threat information would erect, not Fuel & Petrochemical Manufacturers, vital information on this issue so that bring down, barriers to productive informa- the American Petroleum Institute, US you are not going to get sued for col- tion sharing. Telecom, the National Retail Federa- laborating with a competitor. It is in Third, the liability ‘‘protection’’ provisions tion, Financial Services Roundtable, our country’s interest, and I think our throughout the bill need to be further clari- the Internet Security Alliance, and private sector companies want the abil- fied and strengthened. Private-sector enti- CTIA The Wireless Association. ity to help secure all of our networks ties should be fully protected against liabil- ity if they ‘‘voluntarily’’ adopt a federally We can come together to pass the because we know this is a real threat. directed cybersecurity program and suffer a areas of SECURE IT that would allow Secure IT has the overwhelming sup- cyber incident. Strong liability protections better cooperation and also an infor- port of the network operators that are are essential to spur businesses to share mation sharing relationship that they trying to gear up to defend against threat data with their peers and government understand and know will help them cyber threats. Because it will help partners. defend against the cyber attacks. We their members protect their networks, Fourth, the ‘‘Marketplace Information’’ believe SECURE IT is a superior bill, we have the endorsement of the U.S. provision of S. 3414 seems intended to compel and we would like the ability to amend Chamber of Commerce. businesses that suffer from a cybersecurity event to publicly disclose the occurrence. the bill that is on the floor to perfect Mr. President, I ask unanimous con- This section of the bill would essentially it so we could send a bill to the House. sent to have printed in the RECORD a ‘‘name-and-shame’’ companies and could If we are not able to get this bill this letter from the U.S. Chamber of Com- compromise their security. The Chamber year, certainly I hope it will be started merce dated November 14 of this year. strongly rejects disclosing businesses’ sen- again with all of the relevant commit- There being no objection, the mate- sitive security information publicly, and tees doing the markups, doing the dis- rial was ordered to be printed in the draws your attention to a June 2011 letter cussion that is required for a bill of RECORD, as follows: from the Securities and Exchange Commis- this magnitude. Many of the commit- sion to the Senate where the agency stated CHAMBER OF COMMERCE OF THE that investors have not asked for more dis- tees did not have markups. They did UNITED STATES OF AMERICA, closure in this area. not have input into the bill. The com- Washington, DC, November 14, 2012. Finally, the bill has not been scored, mak- mittee process does work when we are TO THE MEMBERS OF THE UNITED STATES ing the cost of the bill unknown to law- able to use it, and I hope we will be SENATE: The U.S. Chamber of Commerce, the makers and to the public. able to go back to the drawing board, world’s largest business federation rep- These are some of the Chamber’s high-level resenting the interests of more than three or if the majority would allow amend- concerns with S. 3414. The Chamber and our ments down the road, if we have the million businesses and organizations of every members have invested considerable time size, sector, and region, continues to have se- and energy working with lawmakers to de- time later this year, we would love to rious concerns with S. 3414, the ‘‘Cybersecu- velop smart and effective cybersecurity leg- continue working with the sponsors of rity Act of 2012,’’ including the related man- islation. The business community is fully the legislation to see if we could come ager’s amendment, which was debated in the prepared to work with Congress and the Ad- up with the amendments to which ev- Senate before the August recess. ministration to advance efforts that would eryone could agree. The Chamber believes that Congress should truly help business owners and operators It has been a tough road. We have all approve a workable cybersecurity bill fo- counter advanced and increasingly sophisti- tried hard. I think the sponsors of the cused on information sharing. The waning cated cyber threats. bill are sincere in wanting to improve days of a lame-duck session are hardly the Cybersecurity is a pressing issue that the appropriate place to address the fundamental Chamber remains committed to addressing the systems. The ranking members flaws in a bill that remain unresolved since in a constructive way. Moving a large, prob- who have cosponsored SECURE IT, who it was last on the Senate floor. The under- lematic bill within a short legislative time- also have jurisdiction of this area, also lying issues are simply too crucial to our frame would not lay the necessary ground- are sincere. I hope we can come to- economy for treatment in a rushed legisla- work to help businesses deflect or defeat gether, hopefully later this year, but if tive product. novel and highly adaptive cyber threats. Any not, certainly in the new year, with the First, there is a healthy and robust dis- new legislative program must foster timely agreement about the proper role of govern- new session, let’s start from the begin- and actionable information, be dynamic in ning and go through all the commit- ment in regulating the business commu- its execution, and promote innovation in nity—given the incredibly dynamic nature of order to increase collective cybersecurity tees of jurisdiction so there can be a cybersecurity risks—that is far from re- and allow electronic commerce to grow. real consensus and a give-and-take. solved. Title I of S. 3414 would create a Na- The Chamber recognizes the leadership of Mr. President, I thank you and yield tional Cybersecurity Council that would give the sponsors and cosponsors of the bill on cy- the floor. federal departments and agencies over- bersecurity. We appreciate the degree to The PRESIDING OFFICER. The Sen- whelming authority over what actions busi- which they have listened to the concerns of ator from Connecticut. nesses could take to protect their computers the Chamber and the broader business com- Mr. LIEBERMAN. Mr. President, I and information systems. munity, and have sought to address them in ask unanimous consent to speak for up Critical infrastructure owners and opera- whole or in part. This legislation came di- to 1 minute and not have the time tors are concerned that core threats to en- rectly to the floor for consideration without terprise cybersecurity—including nation proceeding through regular order. Legisla- taken out of the Republican side. states or their proxies, organized criminals, tive hearings and a committee mark-up of The PRESIDING OFFICER. Is there and other nefarious actors—could go unchal- the bill would have properly allowed Sen- objection? lenged because they would be compelled to ators who have concerns with the bill to Without objection, it is so ordered. redirect resources toward meeting govern- question experts and offer amendments in Mr. LIEBERMAN. Mr. President, I ment mandates. Indeed, any cybersecurity order to improve the bill before a Senate want to respond to the concern of my program must afford businesses maximum floor debate. friend from Texas that if cloture is input and flexibility with respect to imple- The Chamber appreciates the steps that granted on this motion, there will not menting best cybersecurity practices. the Administration has taken to engage the be an opportunity to amend the bill. I In addition, insufficient attention has been Chamber on cybersecurity. Despite all this paid to the likelihood of creating a well-in- engagement, and despite the best intentions understand why she is saying that, but tended program that, in practice, becomes of the sponsors of S. 3414, it would be ill-ad- I do want to say that Senator REID has slow, bureaucratic, and costly. An ineffective vised to craft a cybersecurity bill on the made it clear—I think twice today— program would tie businesses in red tape but Senate floor during a lame-duck session. that if cloture is granted, he is open

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We ator from Delaware. at least consider this measure. I mean, have marked up a previous bill. It is so Mr. CARPER. Mr. President, I ask our cyber enemies are at the gates. In ironic that we are being criticized for unanimous consent to speak for 1 fact, they have already broken through not doing yet another markup on this minute. the gates. The least we can do is debate bill when all of the changes reflect our The PRESIDING OFFICER. Without and vote on amendments to determine attempts to address the criticisms of objection, it is so ordered. Mr. CARPER. Mr. President, this is how we can strengthen our cyber de- the opponents of this bill. We made a the first opportunity we will have had fense. huge change by making this bill vol- since returning from the election to I thank my colleagues and yield the untary rather than mandatory and by cast a vote on a meaningful piece of floor. providing incentives such as liability The PRESIDING OFFICER. The Sen- legislation. As legislation goes, it is protections for businesses that volun- about as meaningful as any we are ator from Maine. tarily agree to adopt cyber standards. Ms. COLLINS. Mr. President, first, going to come across for a while. We have created a system where there If we were in the minority and the let me thank the Senator from Texas would be a cooperative process between Republicans were coming to the floor for reserving some time for me while I the public and the private sectors to and asking us to support moving to a was at a briefing and on my way to the share information and to develop the bill so we could debate it, offer amend- floor. I will attempt to be very quick best practices so that information can ments to the bill, I would hope we because I know our colleagues are be shared. would do that. For our Republican eager to vote on this important issue. In all the time I have worked on friends who are fearful they are not And, Mr. President, that is my point. homeland security issues, I cannot going to have a chance to offer these This is a critically important issue. think of another threat where our vul- amendments, Senator LIEBERMAN, the How many more warnings do we need nerability is greater and where we have chairman, the ranking Republican to hear from the experts that we are failed to act and have done less. SUSAN COLLINS and myself, all cospon- extremely vulnerable to a cyber secu- This is not a Republican or a Demo- sors of the bill, say we will work very rity attack? Cyber attacks are hap- cratic or an Independent issue. The ex- hard to make sure any amendments pening every day. perts, regardless of their political that are relevant and germane to the Just recently there was an attack on leanings, from the Bush administration bill can be offered, can be debated. several of our financial institutions. to the current administration have We worked a similar process with the According to press reports, it was urged us to act, have pleaded with us postal bill. We ended up having 50 or 60 launched by Iranian sources. We know to act. amendments. They were not all rel- that Iran, Russia, and China are ex- General Alexander, the nonpartisan evant or germane. At the end, we had a tremely active in probing our cyber general who is the head of Cyber Com- lot of amendments and the chance for systems, including those that control mand and the head of the National Se- everyone to be heard. Some of those our critical infrastructure—not only curity Agency, has urged this Congress amendments were not relevant or ger- our financial systems, our transpor- over and over again to give this admin- mane. As long as amendments are rel- tation systems, our water treatment istration, to give our country the tools evant and germane to this underlying plants, but also our electric grid. it needs to protect critical infrastruc- legislation on cyber security, we will Recently we have seen what Hurri- ture and to help safeguard our eco- work very hard to make sure they have cane Sandy, the superstorm, has done nomic edge. their opportunity to be heard and to to States—so many States—destroying I urge our colleagues to listen to the vote on their proposals. lives and property and leaving people wisdom of former Homeland Security The PRESIDING OFFICER. The Sen- without power for days on end. Well, Secretary Michael Chertoff and former ator from Maine. multiply that many times. If it were a NSA chief GEN Michael Hayden from Ms. COLLINS. Mr. President, al- deliberate cyber attack that knocked the previous administration, from though we have different views on this out the electric grid along the entire President Bush’s administration. They issue, I would yield 1 minute to the east coast, that is what we are talking wrote the following: Senator from Arizona. about. That is the kind of risk that We carry the burden of knowing that 9/11 Mr. MCCAIN. Mr. President, I would calls us to act. might have been averted with the intel- like to express my appreciation for We have heard from the experts over ligence that existed at the time. We do not Senator LIEBERMAN’s and Senator COL- and over again that this vulnerability want to be in the same position again when LINS’ hard work. We have had some dis- is huge and escalating. We know that ‘‘cyber 9/11’’ hits—it is not a question of agreements. I still believe that if we the number of cyber attacks that have ‘‘whether’’ this will happen; it is a question could have, say, five amendments that been reported to the Department of of ‘‘when.’’ would be voted and debated, I think we Homeland Security has increased by This time all the dots have been con- could move forward with this bill. I 200 percent in just the last year. And nected. This time we know cyber at- truly believe that. those are just the attacks that have tacks are occurring each and every I would like to see, possibly even been reported. That is just the tip of day. This time the warnings are loud right after this vote, if we could reach the iceberg. Undoubtedly, there are and clear. How can we ignore these dire some agreement between the leaders many more on our critical infrastruc- warnings? How? How can we fail to act and ourselves that we could say there ture that have not been reported. We on the cyber security bill, especially would be five pending amendments and know there have been attempts to since the majority leader has indicated perhaps we could go ahead and debate probe the security of the computer sys- he is willing to allow for amendments, and vote on those. I, again, think we tems that run some of our natural gas as he should, to make this process fair. have some very significant differences, pipelines. Germane amendments would be al- but the fact that the chairman and the This problem is very real, and it is lowed. two cochairmen or whatever they call not only a threat to our national and I urge our colleagues to heed the themselves have worked incredibly homeland security, it is also a threat warnings from the experts and to vote hard on this issue, they deserve debate. to the economic prosperity of this for cloture on the cyber security bill so I hope they would understand we are country. How many more thefts of re- we can proceed to its consideration. I seeking like five amendments. search and development, of intellectual do not want to be here 1 year from now The PRESIDING OFFICER. The Sen- property of businesses right here in our saying, why did we not act? Why did we ator from Connecticut.

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I do not Baucus Heller Pryor move to the bill. I don’t know why in want to encourage anyone. He said not Blunt Hoeven Risch the world we have to file cloture on a Boozman Hutchison Roberts motion to proceed to it. I don’t quite 15. I took that to be some number less Burr Inhofe Rubio understand that. But I haven’t under- than 15. Chambliss Isakson Sessions Coats Johanns I think five amendments is well with- Shelby stood that about almost 400 times the Coburn Johnson (WI) Tester last few years. So what we are going to in the term ‘‘finite.’’ So I would ask Cochran Kyl Thune my colleagues, give it a chance, and Corker Lee do, and everyone should understand— let’s vote for cloture. I am sure Sen- Cornyn McCain Toomey listen to this, everybody—we are going Crapo McConnell Vitter to move to the bill. If we get permis- ator REID will allow five amendments. Wicker DeMint Merkley sion to go to the bill, we will have an CLOTURE MOTION Enzi Moran Wyden open amendment process on this bill. I The PRESIDING OFFICER. The clo- NOT VOTING—2 have been assured by Senator LEVIN ture motion having been presented Inouye Kirk and Senator MCCAIN, through Senator under rule XXII, the Chair directs the The PRESIDING OFFICER. On this LEVIN, that on all these nonrelevant, clerk to read the motion. vote, the yeas are 51, the nays are 47. vexatious amendments they will help The assistant legislative clerk read Three-fifths of the Senators duly cho- us table them or dispose of them in as follows: sen and sworn not having voted in the some appropriate manner. And that is CLOTURE MOTION affirmative, upon reconsideration, the how we should legislate around here. We, the undersigned Senators, in accord- motion is not agreed to. I hope Senator MCCAIN, after speak- ance with the provisions of Rule XXII of the The majority leader. ing to Senator LEVIN, will agree to Standing Rules of the Senate, hereby move move forward on this bill. And that is f to bring to a close debate on S. 3414, a bill to my proposal. I hope it is something enhance the security and resiliency of the ORDER OF BUSINESS that everyone would agree to. We will cyber and communications infrastructure of start legislating on this bill the day we the United States. Mr. REID. Mr. President, the bill that was, and is, most important to the get back after the Thanksgiving recess. Harry Reid, Joseph I. Lieberman, Bar- intelligence community and to the Mr. CARPER. Would the majority bara A. Mikulski, Thomas R. Carper, leader yield for a question? Richard J. Durbin, Christopher A. Pentagon was just killed. I am speak- ing of the cyber security bill. Mr. REID. Yes. Coons, Mark Udall, Ben Nelson, Jeanne Mr. CARPER. I am pleased to hear Shaheen, Tom Udall, Daniel K. Inouye, I have had a number of people come the leader say he would be most willing Carl Levin, John D. Rockefeller IV, to me during the day and say: Are you to allow the minority to offer five rel- Charles E. Schumer, Sheldon White- going to allow relevant amendments on evant, germane amendments to the house, John F. Kerry, Michael F. Ben- this? I said: Sure. They said: How about cyber security legislation. Literally net. five? I said: Fine. But whatever we do within the last 30 minutes we have had The PRESIDING OFFICER. By unan- on this bill, it is not enough for the on the floor both the leader saying imous consent, the mandatory quorum Chamber of Commerce. It is not this, and I have heard him saying it be- call has been waived. enough. fore, that a limited number of relevant The question is, Is it the sense of the So everyone should understand, amendments—Senator MCCAIN came to Senate that debate on S. 3414, a bill to cyber security is dead for this Con- the floor, who, as you know, has not enhance the security and resiliency of gress. What an unfortunate thing. But been anxious to support the bipartisan the cyber and communications infra- that is the way it is. legislation developed by Senators LIE- structure of the United States, shall be I filed cloture on the Sportsmen’s bill BERMAN and COLLINS and others—but brought to a close? yesterday. Unless we can agree to a we have had one of the antagonists to limited number of amendments, we The yeas and nays are mandatory that legislation and the majority lead- will have a cloture vote on the bill under the rule. er both saying that five relevant and The clerk will call the roll. early tomorrow morning, probably germane amendments would be allowed The assistant legislative clerk called around 9 o’clock. If we get cloture, for the minority to offer, so we could the roll. there will be a potential 30 hours of de- at least take up the bill, debate the Mr. DURBIN. I announce that the bate under the rules, as we all know bill. At the end of the day, we still need Senator from Hawaii (Mr. INOUYE), is too well. I have been told someone on 60 votes to get the bill off the floor. necessarily absent. the other side also plans to make a I have heard so many of my col- Mr. KYL. The following Senator is Budget Act point of order against the leagues say it is not a matter of if but necessarily absent: the Senator from Sportsmen’s bill. it is when, and I don’t want us to leave Illinois (Mr. KIRK). We have Members representing the and go home for Thanksgiving with The PRESIDING OFFICER (Mr. BEN- States of New York and New Jersey this hanging, if we could actually do NET). Are there any other Senators in who are going to be in their States to- something relevant. the Chamber desiring to vote? morrow because of the tremendous Mr. REID. Mr. President, just so ev- The yeas and nays resulted—yeas 51, damage caused by Sandy, but they will eryone listening to my friend under- nays 47, as follows: be back here tomorrow evening and we stands—and he also has worked so hard [Rollcall Vote No. 202 Leg.] will have a vote in the morning on clo- on the bill that was just killed—when ture on the Sportsmen’s bill, and then YEAS—51 he says it is not a question of if, it is we could have votes later tomorrow or when, he is not talking about passing Akaka Conrad Lautenberg on Friday. Begich Coons Leahy this bill, he is talking about a cyber at- Bennet Durbin Levin On DOD authorization—Senator tack, a gargantuan cyber attack on our Bingaman Feinstein Lieberman LEVIN is here, Senator MCCAIN was country. Blumenthal Franken Lugar here earlier. I have had conversations Here we are in this beautiful Capitol Boxer Gillibrand Manchin Brown (MA) Hagan McCaskill with Senator LEVIN. I haven’t spoken building today, and all around America Brown (OH) Harkin Menendez to Senator MCCAIN this week but have we have government officials and pri- Cantwell Johnson (SD) Mikulski spoken to him previously on a number vate sector officials who are trying to Cardin Kerry Murray of occasions. This is a bill we should thwart the people trying to destroy Carper Klobuchar Nelson (NE) Casey Kohl Nelson (FL) get done. It is an important piece of businesses and parts of our country’s Collins Landrieu Reed legislation. I know we have the Defense infrastructure.

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6785 As I have said here so many different about here on the floor almost 12 cluded that those statements did not times—and Senator LIEBERMAN and months ago now, on December 11 of meet standards. The inspector general Senator FEINSTEIN, the chairman of the last year. I say it is a daunting task be- announced that it would issue a non- Intelligence Committee are on the cause there is a big pothole in the road endorsement report, but that report floor—the record is here. We have told the Secretary faces that he may not was never issued. everybody for months and months that know about, hence the reason I am That is why this Senator is here on something is going to happen. And we speaking. the floor today. What happened to the have laid the groundwork, I am sorry The kingpin of this initiative—the nonendorsement report? All the evi- to say, to blame you guys for not doing Department’s flagship accounting dence appears to indicate that the in- something to take care of this issue. It agency known as the Defense Finance spector general may have quashed the is a big issue and it is an important and Accounting Service—may not be nonendorsement report. That assess- issue for our country. This should have ready to produce credible financial ment is based on a continuing review of nothing to do with partisan politics. statements. It claims to have earned a all the pertinent documents. I would And why the Chamber of Commerce is clean opinion. Yet when its financial like to briefly review those facts so my doing what they are doing is beyond statements were put under the inspec- colleagues can understand where I am my ability to comprehend. tor general’s microscope, they were coming from. I suggest the absence of a quorum. found to be very lacking. They did not Seven red flags have popped up on my The PRESIDING OFFICER. The meet the prescribed audit standards. radar screen. clerk will call the roll. To make matters worse—far worse— Red flag No. 1. The contract, which The assistant legislative clerk pro- all the evidence suggests the inspector governed the audits in question, is a ceeded to call the roll. general may have quashed this nega- good place to start because it sets the Mr. GRASSLEY. Mr. President, I ask tive audit report, allowing the charade stage for what followed. The contract unanimous consent that the order for to continue unchecked. This oversight was supposed to put the inspector gen- the quorum call be rescinded. failure could leave a gaping hole in eral in the driver’s seat. Section 3 of The PRESIDING OFFICER. Without Secretary Panetta’s master plan. the contract clearly specifies that ‘‘all objection, it is so ordered. Except for the Corps of Engineers, deliverables are subject to final De- f the Defense Finance and Accounting partment of Defense Inspector General Service handles all the Department’s approval.’’ The opinion prepared by the DOD INSPECTOR GENERAL financial transactions. It should be the public accounting firm was the main OVERSIGHT FAILURE foundation of Secretary Panetta’s ini- deliverable. Two members of the in- Mr. GRASSLEY. Mr. President, I am tiative. It was created over 20 years spector general’s audit team were des- getting the runaround from the inspec- ago to clean up the Department’s fi- ignated as contracting officer rep- tor general at the Department of De- nancial mess. It should be exerting resentatives. They had exclusive au- fense, and my remarks, which are fair- leadership in this arena and showing thority to determine whether that ly lengthy, will be connected with that the rest of the Department how to bal- opinion met audit standards and de- problem I am having. With sequestra- ance the books. Its audit needs to be as served endorsement and to approve in- tion looming on the horizon, Congress clean as a whistle. If the Department’s voices for payment. Unfortunately, as I needs a truly independent Department central accounting agency can’t earn a will explain, none of the parties in- of Defense audit oversight capability. clean opinion, then who can earn a volved showed much respect for this We need it to root out waste. clean opinion? contract. In fact, when the crunch As my friend from Oklahoma, Sen- Today the central accounting agen- came, they trashed it. ator COBURN, knows all too well, root- cy’s claim of a clean opinion may be Red flag No. 2. The inspector gen- ing out Department of Defense waste is hollow. The inspector general, who is eral’s decision memorandum and final no easy task. His new report identifies responsible for making those judg- version of the nonendorsement letter, some excellent examples of waste ments, rejected that opinion. The in- both dated February 16, 2010, contain ready for removal. I commend Senator spector general reviewed it and con- compelling evidence. The evidence COBURN for his outstanding work and cluded that it did not pass muster. Un- points in just one direction: There was stand ready to help him. fortunately, the inspector general a lack of credible audit evidence to jus- But to successfully root out waste dropped the ball and quit before the job tify a clean opinion. Both the inspector day in and day out, there must be a was done. general’s audit team and its Quan- topnotch audit quality and capability The inspector general’s report, titative Methods and Analysis Division in the hands of an inspector general known as a nonendorsement report, reported major deficiencies in the CPA who is ready and willing to use it effec- was finalized but never signed and firm’s work. Once the inspector general tively. issued. It was simply buried in some determined that the CPA’s audit opin- I am reluctant to say this, but it deep hole and covered with dirt. Were ion did not meet prescribed standards, needs to be said. I fear, and I suspect, it not for whistleblowers who are in the inspector general’s representative that the independence of the inspector touch with my office, we might think prepared a nonendorsement letter and general’s audit capability may have the Defense Finance and Accounting instructed that payments on out- been compromised. I say this because Service’s statements were somehow standing invoices be stopped. Those de- of the story I am about to tell. This squeaky clean. I now have the non- cisions precipitated a classic bureau- story is about a difficult audit, where endorsement report and other relevant cratic impasse. the inspector general apparently got a audit workpapers, and they tell a very Red flag No. 3. The impasse came to bad case of weak knees and caved different story. a head at the Defense Finance and Ac- under pressure. The inspector general The financial statements produced by counting Service’s audit committee dropped the ball on an audit that smaller organizations, such as the De- meeting held on January 27, 2010, where should be a critical component in Sec- fense Finance and Accounting Service, three options were considered: first op- retary Panetta’s good-faith effort to are audited by certified public account- tion, the IG would issue a nonendorse- bring the Defense Department into ing firms. But this is always done ment letter; second option, the CPA compliance with the Chief Financial under the watchful eye of the inspector firm would do more work on accounts Officers Act. general. In the end, the inspector gen- payable and undelivered orders issued; Today, the Department of Defense is eral must validate those opinions pro- and third option, the IG would do addi- the only Federal agency that cannot duced by a CPA firm. tional work. Just 1 day later, January pass the test. So Secretary Panetta The firm Urbach Kahn and Werlin, 28, a senior official from the Inspector turned up the pressure. He wants to UKW, examined the defense accounting General’s Office, Ms. Patty Marsh, an- move the audit readiness date up to no agency’s statements. It awarded an un- nounced the results of the meeting. Ms. more than 3 years from the congres- qualified opinion or passing grade. The Marsh reported that a consensus was sionally mandated date of 2017 to 2014. inspector general, by comparison, reached: No additional work would be This is a daunting task, which I spoke reached a different opinion. It con- performed. She then declared that the

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6786 CONGRESSIONAL RECORD — SENATE November 14, 2012 Inspector General’s Office would issue with the stop-the-audit coalition. key defense agency. If true, this would a nonendorsement letter. First, it issued a stop-work order to be a cardinal sin for the inspector gen- Red flag No. 4. The Defense Finance the audit team. That occurred Feb- eral. and Accounting Service immediately ruary 4. Then on April 13 the IG in- The central accounting agency alleg- implemented a series of measures that formed the accounting agency by tele- edly violated the terms of the contract. appeared to bypass and eliminate over- phone that the nonendorsement report It allegedly made fraudulent payments, sight by the inspector general. would not be issued. This was, of and it unilaterally terminated over- In what appeared to be overt defiance course, a bolt out of the blue. sight. Yet, in the face of such blatant of the inspector general’s decision, the Red flag No. 6. In a letter to me dated defiance, the Inspector General’s Office accounting agency’s Director of Re- May 26, the Inspector General’s Office turned a blind eye to this challenge. source Management, Elaine Kingston, attempted to provide a plausible expla- So you have to ask the question, Why in a letter to the accounting firm, uni- nation for why this report never saw did the IG just roll over? Why did the laterally declared that her agency had the light of day. First, the letter sug- IG fail to assert its independent audit ‘‘proudly achieved an unqualified opin- gested that a formal nonendorsement authority? Stopping work at this crit- ion.’’ Kingston’s letter was dated Feb- report was unnecessary because the In- ical juncture does not appear to have ruary 19. At that point, this opinion spector General’s Office had already in- been a responsible oversight option. had been explicitly and unambiguously formed the audit committee of its deci- Why did top management fail to allow rejected by the inspector general, and sion to nonendorse the opinion. Is the the oversight team to finish its work Kingston knew it. She also authorized inspector general implying that Ms. and render a decision on the opinion? that all disputed invoices be paid. The Marsh’s verbal nonendorsement an- Why quit when it was on the very edge invoices authorized for payment by Ms. nouncement constituted de facto or un- of issuing a nonendorsement report on Kingston were the very same ones pre- official nonendorsement? If that is in- the flawed opinion? Was that report viously rejected by the inspector gen- deed the case, then how come the cen- quashed to spare the chief financial of- eral’s contract officer representative. tral accounting agency still pretends ficer another black eye for the Their rejection was based on advice to have earned a clean bill of health? unending accounting screwups or did from the inspector general’s legal There is something wrong with this the IG drop the ball because everyone counsel. Kingston’s actions showed bla- reasoning. Failing to issue the non- involved knew these financial state- tant disregard for the contract and au- endorsement report left the opinion ments were in such bad shape they thorized payments alleged to be fraud- under a dark cloud, where it remains could never pass the test? ulent. today. While we may never know the rea- Then, on April 15, the central ac- In addition, the inspector general sons for what happened, I feel certain counting agency’s contract officer, also suggested that doing a mere 2 to 3 about one thing. On this audit, effec- Normand Gomolak, effectively elimi- weeks of additional work to finalize tive oversight collapsed. Congress and nated independent oversight by the in- the nonendorsement letter would not the citizens of this country need some spector general. He issued a letter ter- have constituted a ‘‘good use of audit answers, but one is paramount: Did the minating the two inspector general resources’’—that is, it would have been Defense Finance and Accounting Serv- contract officer representatives. A a waste of money. The need for 2 to 3 ice earn a clean opinion? A simple yes known flaw in the contract allowed weeks of extra work appears to be a or no. As the drive to audit readiness this to happen. Gomolak’s termination real stretch. I have the nonendorse- begins in earnest, and that is under order was retroactive to January 27, ment letter. It was finished. All it Secretary Panetta’s leadership, the 2010—the very same day the inspector lacks is Ms. Marsh’s signature. Secretary and the Congress need a general revealed its intention to issue More importantly, however, the In- straight answer right upfront. Leaving the nonendorsement letter. It is as if spector General’s Office does not seem it in limbo is unacceptable. Mr. Gomolak had superhuman powers to understand either the purpose or the In closing, I would like to emphasize and could reach back in time and wipe importance of this audit oversight one point. My inquiry is about some the nonendorsement report clean off project. For starters, I recommend the very important principles. True, the the slate, like it never really happened. inspector general check section 7 of the preparation of these financial state- As one witness put it, ‘‘DFAS virtually contract. It states: ments and all the attendant audit work kicked us—the Inspector General—out The DoD OIG will perform oversight of the probably costs the taxpayers some- of the contract, and without so much Contractor’s work to support the decision where between $10 and $20 million. To as a whimper from the duly designated about whether to endorse the Contractor’s the average American, those are big junkyard dog.’’ opinion report. bucks. Since the audit came to noth- Red flag No. 5. Under the cir- That was the stated purpose of this ing, waste surely occurred. Any waste, cumstances, the stop-work order costly audit project—to make a deci- whatever it is, is unacceptable. blessed by the audit committee was not sion on endorsement. From day one, But putting important principles at surprising. That it would be accepted however, this was a significant effort risk was as egregious as the dollar and tolerated by the inspector general to resolve a difficult and sensitive waste. What I am talking about are is astonishing indeed. The consensus question: Did the Defense Finance and ethical standards, audit standards, and reached was between the three main Accounting Service deserve a clean the integrity of the audit process. targets of the audit: the accounting opinion—yes or no? Since the focus of Those standards must be protected at agency, the CPA firm, and the chief fi- this audit was the kingpin of Secretary all cost. That is one of the inspector nancial officer, who supervises the cen- Panetta’s initiative in the first place, general’s jobs, to watchdog and follow tral accounting agency—such a con- well, that makes this work inherently those guiding principles. sensus, as it was. All appeared to share important. The record appears to show that one common goal: Just simply stop the Red flag No. 7 and the last red flag. these standards got trampled and this audit. That is a predictable response One of my main concerns about this may have happened with the IG’s from audit targets, especially if there entire matter is that it appears to knowledge and approval. That is what is something to hide. point to a failure of oversight. So I ask the evidence appears to suggest so far. The inspector general’s initial re- this question: Did the Inspector Gen- If the integrity and the credibility of sponse was appropriate. The Inspector eral’s Office cave under pressure and that process were undermined, then the General’s Office expressed a willingness surrender its oversight responsibil- effectiveness of one of our primary to do more work, and when it became ities? By accepting and tolerating the oversight weapons would be gravely evident that was not a viable option, it central accounting agency’s actions, impaired. When and if those lines are declared that a nonendorsement letter the Office of the Inspector General ap- crossed, the inspector general and any- would be issued. Of course, those were pears to have allowed a Defense De- one else involved would be treading on good moves. Unfortunately, however, partment entity to effectively block its dangerous territory. If such trans- the Inspector General’s Office quickly ability to perform one of its core mis- gressions occurred, then there must be began to backpedal and to align itself sions; that is, auditing the books of a corrective action and accountability.

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6787 When I complete this oversight inves- I know my colleagues join me in ex- National Rural Water Association. Mr. tigation, I will submit a final report to pressing gratitude for Sam Thomas’s Joe Liles helped in founding the Ken- Secretary of Defense Panetta. It will body of work and in extending sym- tucky Rural Water Association in 1979. contain findings and recommendations pathies to his family, including his He has also been an employee of the for the Secretary’s consideration. To wife, Debbie; his brother and sister-in- National Rural Water Association facilitate this process, I ask Deputy In- law, Jim and Susanna; his niece, since 1999, when he was first elected to spector General Halbrooks to answer Sheena McGuffey; his nephews, Ian the Board of Directors. all my outstanding questions prompt- Thomas, Mason Thomas, and Cas He has progressed through numerous ly. In other words, I am getting tired of McGuffey; and many other beloved positions within the association, and as being jerked around. friends and family members. of September 2010, Mr. Liles has been I yield the floor. I suggest the ab- Mr. President, I ask unanimous con- President of the National Rural Water sence of a quorum. sent that an obituary for Mr. Samuel Association. The PRESIDING OFFICER. The Wilson Thomas printed in the Louis- I would like to congratulate Mr. clerk will call the roll. ville Courier-Journal be printed in the Liles on his achievements. I would also like to acknowledge the Kentucky The legislative clerk proceeded to RECORD. Rural Water Association Leadership call the roll. There being no objection, the mate- Award that Mr. Liles was given in 2008. Mr. REID. Mr. President, I ask unan- rial was ordered to be printed in the He was presented this prestigious imous consent that the order for the RECORD, as follows: award based on his exemplary service, quorum call be rescinded. [From the Louisville Courier-Journal, Oct. 6, leadership, and commitment to Ken- The PRESIDING OFFICER. Without 2012] tucky’s water and wastewater utilities. objection, it is so ordered. SAMUEL WILSON THOMAS, 74, DIED THURSDAY, Most recently, Mr. Liles received the f OCTOBER 4, 2012, AT HIS HOME 2012 Man of the Year Award from the MORNING BUSINESS Born on January 21, 1938, in Chestnut Hill, National Rural Water Association. Penn., Sam moved to Louisville shortly after After 38 years of dedication to the Mr. REID. Mr. President, I ask unan- his graduation from Chestnut Hill Academy. water systems of Warren, Butler, and imous consent that the Senate proceed He received his B.A. (1960) and Ph.D. (1964) in Simpson counties, Mr. Liles retired in to a period of morning business with chemistry from the University of Louisville. 2005 from his managerial position. Senators allowed to speak for up to 10 Although Sam taught for a short time at However, he currently serves as the minutes each. UofL, his life and career were forever utilities’ community and government The PRESIDING OFFICER. Without changed when he began his long association with Locust Grove, overseeing its restora- relations assistant. objection, it is so ordered. tion and serving as its first director and cu- Mr. Joe Liles resides in Bowling f rator. The log house there was his home for Green, KY, with his wife, Sally, and his REMEMBERING SAMUEL WILSON nearly two decades. four daughters. He is a grandfather to Sam is the author of 18 seminal books on THOMAS six. Liles earned his bachelor’s degree Kentucky topics, all meticulously re- with an area of concentration in man- Mr. MCCONNELL. Mr. President, searched and primarily focused on Louis- agement from Western Kentucky Uni- today I wish to pay tribute to a re- ville: its neighborhoods, landmarks, and cor- porations. versity. spected historian of my hometown of Mr. Liles has shown tremendous loy- Louisville, KY, who has sadly passed His most recent work includes histories of St. Matthews, Anchorage, the Cherokee Tri- alty, devotion, and consideration, not away. Samuel Wilson Thomas died on angle, Crescent Hill, Oxmoor Farm, Cave only to his job and career, but also to Thursday, October 4, of this year, at Hill Cemetery, and Churchill Downs, but the the Bluegrass State. I appreciate all his home at the age of 74. project closest to his heart was an overview that Mr. Liles has done for the Com- Louisville is a wonderful city, and I of early Louisville architecture. monwealth of Kentucky. am always pleased to sing its praises. He edited numerous publications for the Mr. President, the National Rural This is much easier to do thanks to the Courier-Journal’s book division and pub- Water Association recently published work of Mr. Thomas. He wrote 18 books lished many articles on a host of Kentucky subjects. He also co-authored with his broth- an article about the accomplishments touching on every corner of Louisville of Mr. Joe Liles, and I would ask unan- history, from the famous Churchill er Jim ‘‘The Simple Spirit,’’ a pictorial his- tory of Shaker Village of Pleasant Hill. imous consent that the article be Downs to the legendary Cave Hill Cem- He was also involved in the restoration of printed in the RECORD. etery, from Oxmoor Farm to Crescent the Jefferson County Courthouse, the Fer- There being no objection, the article Hill. guson Mansion headquarters of The Filson was ordered to be printed as follows: Sam Thomas received his bachelor’s Historical Society, and the 1785 log house at [From the National Rural Water Association degree and Ph.D. from the University Oxmoor. He was a founder of Preservation Newsletter, Oct. 23, 2012] of Louisville. He is best known for Alliance and the George Rogers Clark Press, The National Rural Water Association re- serving as the first director and cura- a member of the Louisville Landmarks and cently honored Joe Liles as the 2012 Man of tor of Locust Grove, a National His- Preservation Districts Commission, and ar- the Year. A long-standing leader in rural chivist of Jefferson County. water, Liles was honored during the Tribute toric Landmark that was the home to Sam is survived by his wife, Debbie; broth- George Rogers Clark, the founder of to Excellence awards ceremony, held on er, Jim (Susanna); niece, Sheena McGuffey; Sept. 24th in Nashville, Tenn. Joe Liles, out- Louisville. Locust Grove also hosted and nephews, Ian Thomas, Mason Thomas going NRWA president and founding member three U.S. Presidents—Monroe, Jack- and Cas McGuffey. of the Kentucky Rural Water Association son, and Taylor—and was a stopping Sam chose cremation and requested that board of directors, has served in numerous point for famed explorers Meriwether no funeral or memorial service be held. The positions on the boards for both Kentucky Lewis and William Clark upon their re- family will receive friends from 4 to 7 p.m. Rural Water and NRWA. turn from their expedition to the Pa- Monday, October 8, 2012, in the Audubon The Man of the Year Award is a prestigious Room at Locust Grove, 561 Blankenbaker award that recognizes individuals for their cific. Lane. many years of exemplary service, leadership, The log cabin at Locust Grove was Memorial gifts may be directed to Locust and commitment to our nation’s water and Sam Thomas’s home for two decades. Grove or to the University of Louisville Pho- wastewater utilities. Although Mr. Liles re- In his role as director and curator, he tographic Archives, to which Sam gave his tired as manager of the Warren, Butler and oversaw Locust Grove’s restoration collection of photographs and research mate- Simpson counties water systems in 2005 after with careful attention paid to the pres- rials. 38 years, he currently serves as the utilities’ community and government relations assist- ervation of its history. f Mr. Thomas also taught at the Uni- ant. TRIBUTE TO JOE LILES Kentucky Rural Water congratulates Joe versity of Louisville, edited numerous on this esteemed honor! local publications, and published a host Mr. MCCONNELL. Mr. President, I f of articles. His role in preserving the stand before you today to pay tribute history of Louisville and the legacy of to a man who has spent a significant JUDICIAL NOMINATIONS its famous inhabitants was tremendous amount of his life working for the Ken- Mr. LEAHY. Mr. President, now that and will not be forgotten. tucky Rural Water Association and the the elections are over, I renew my call

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6788 CONGRESSIONAL RECORD — SENATE November 14, 2012 for all of us to come together to do acting on the 19 judicial nominations layed (it now generally takes two years what is right and to act in the interests that have been approved by the Judici- to get a federal civil trial) and justice of the American people. We should ary Committee and have been awaiting denied.’’ Now that the election is over, come together to avert the fiscal cliff final Senate action without further let us do what we can to mitigate the and the automatic cuts that will other- delay. damage and move forward. wise occur in domestic and defense Two months ago, the Senate recessed The number of judicial vacancies has, spending. without taking action on 19 judicial again, risen above 80. I have heard from I am hopeful that, working together, nominations. All were supported by judges around the country whose Democrats and Republicans can come their home State Senators, Republican courts have vacancies. They are work- to an agreement so that we can avoid and Democratic. Almost all had bipar- ing hard to keep their courts func- sequestration. The automatic cuts tisan support. I cannot remember a tioning, but they need help to ensure from sequestration would further dam- time when the Senate refused to act on that all Americans have access to age our Federal courts. According to nominees with such bipartisan support. courts and to justice. Recently, Pro- the sequestration report released by There was no precedent for the fili- fessor Carl Tobias summed up the va- the Office of Management and Budget, buster of Robert Bacharach of Okla- cancy crisis that has been plaguing us the sequestration would lead to a $555 homa to the Tenth Circuit and that fil- for the last four years. Professor million reduction below fiscal year 2012 ibuster should end. After Senator Tobias is right, and we need to expedi- levels for our independent judiciary. COBURN failed to vote for cloture to end tiously confirm our judicial nominees The impending across-the-board cuts the filibuster of the Bacharach nomina- so they can deliver justice for the under sequestration would reduce Fed- tion last July, he indicated that he ex- American people. I ask consent that eral court allotments to fiscal year 2006 pected Judge Bacharach to be con- his full article in The Hill, entitled, levels, despite considerably higher firmed before the end of the year if ‘‘Obstruction in Senate Taking Its Toll caseloads. The impact of sequestration President Obama was reelected. The on the Courts,’’ appear in the RECORD on Federal court operations nationwide junior Senator from Texas also indi- at the conclusion of my remarks. could be devastating. It could result in cated that the circuit judges would be We can begin to help address the va- the Federal courts eliminating as voted on if President Obama was re- cancy crisis by confirming the 19 nomi- many as 6,300 employees, about one- elected. Well, now that the people of nees who are currently waiting for third of their staff, or implementing this country have spoken, we should be final Senate action. The four circuit court employees furloughs for more working together to approve these ju- court nominees have each been waiting than a month system-wide. dicial nominees so they can provide at least 5 months for a vote. One has If we do not find a solution to both justice for the American people. been stalled for more than 8 months. the vacancy crisis and the threat to ju- I urge Senate Republicans to come The 15 district court nominees have all dicial resources, it will be harder for together and work with us to consider been waiting at least 3 months, with Americans to obtain justice in our Fed- these judicial nominees without fur- some stalled for as long as 7 months. eral courts. Our courts are already ther delay. They should agree to debate The Republican Senator from Penn- overburdened, and the sequester will and then to let the Senate vote on the sylvania wrote a letter to the Majority result in cuts that will force courts to nominations of Judge Patty Shwartz of leader and Senator MCCONNELL asking hear fewer cases, which means that New Jersey to the Third Circuit, Rich- that the two nominees for the Middle court proceedings will be delayed even ard Taranto to the Federal Circuit, District of Pennsylvania be considered. longer. This will be especially dam- William Kayatta of Maine to the First I want to see those nominees, as well aging in civil cases, where there are al- Circuit, Robert Bacharach of Okla- as the dozen whose Senate votes have ready over 40,000 cases that have been homa to the Tenth Circuit, and the dis- been delayed even longer, and all the pending for more than 3 years. Seques- trict court nominees from Connecticut, judicial nominees who have had a hear- tration cuts could even result in the Maryland, Florida, Oklahoma, Michi- ing, acted upon by the Senate. suspension of civil jury trials. Even gan, California, New York, Pennsyl- The Senate should not continue down more alarming is what is at stake in vania, and Illinois. I am also working the path of unprecedented obstruction the criminal context. If probation and to have the Judiciary Committee com- and delay. President Obama had not pretrial services offices are downsized plete its consideration of five more ju- sought to pick an ideological fight with or closed, Federal courts and their staff dicial nominees who had their hearing the Senate on judicial nominees as his will be unable to properly supervise in September. With the confirmation of predecessor had done. By way of exam- thousands of persons under pretrial re- these nominees, we can eliminate the ple, the Republican Senators from lease and convicted felons released backlog here in the Senate and take a Oklahoma have said that they support from Federal prisons. It is critical, significant step toward filling a good Robert Bacharach, and the Republican then, that we work together. portion of the judicial vacancies that Senators from Maine strongly support And we should complete the task of have been plaguing our courts, includ- William Kayatta. It is unprecedented considering the judicial nominees who ing filling over a dozen judicial emer- to have this many consensus judicial have already had their hearings before gency vacancies. nominees not acted upon before the the Senate recessed for the elections. The president of the Hispanic Na- election recess in a presidential elec- There is no justification for holding up tional Bar Association wrote a letter tion year. final Senate action on these judicial to the Senate Leaders in September The American people deserve better, nominations. These are not judgeships saying: ‘‘The fact that Congress is ad- and I know the Senate can do better. that Republicans can claim they wish journing without confirming these can- After the midterm election in 2002, to keep open in order to be filled by didates is of great concern, and is a dis- Senate Democrats worked with Senate nominees from President Obama’s suc- service to the Federal Courts and the Republicans to confirm 20 of President cessor next year. The American people people they serve.’’ He was right. Now Bush’s judicial nominees in 1 week, in- have decided that President Obama that the election is over, let us come cluding 18 in just 1 day. Again, in 2010, will continue to lead our Nation. In ac- together as the Senate of the United the Senate proceeded to confirm 19 ju- cordance with the will of the American States and make progress on behalf of dicial nominees during the lameduck people, it is time for the obstruction to the American people. session after the election. Unfortu- end and for the Senate to complete ac- The New York Times noted in an edi- nately, Republican delays in 2010 had tion on these nominees so that they torial last month entitled ‘‘Politics backlogged 38 judicial nominees and may serve the American people with- and the Courts’’ that: ‘‘During the the confirmations of 19 went only half- out further delay. Even Senate Repub- Obama years, nominees presenting no way to what we should have done. licans’ contorted application of the ideological threat have been held up in When Ronald Reagan, George H.W. Thurmond Rule can no longer serve as the Republicans’ campaign of partisan Bush and George W. Bush were Presi- any sort of rationale for inaction. attack and obstruction—even against dent, Senate Democrats cleared the Delay for delay’s sake is wrong and trial judges. * * * The holdups have calendar of all but the most controver- should end. The Senate should start by cost Americans dearly—in justice de- sial and extreme ideological judicial

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6789 nominations. The Senate needs to be peditiously has become paramount. It is of three judges assuming senior status on Octo- allowed to vote on President Obama’s vital importance that qualified, non- ber 31. The bench experiences 83 vacancies in judicial nominees now so that our Fed- controversial nominees are confirmed as the 858 appellate and district judgeships. The eral courts are better able to function quickly as possible. With that, we again urge openings first spiked to 90 in August 2009 and your consideration of the Latino nominees have since remained near ten percent. These and fulfill the fundamental guarantee and HNBA endorsed nominees currently empty seats are ghost-like apparitions that of providing access to justice. I hope pending on the Senate Calendar. do nothing to resolve huge caseloads. Thus, that now that President Obama has Sincerely, President Barack Obama must promptly been reelected, Senate Republicans will PETER M. REYES, Jr., nominate, and the Senate expeditiously con- work with us to fill these longstanding National President, Hispanic National firm, lower court nominees, or the nation judicial vacancies. The American peo- Bar Association. will confront the nightmare of a judiciary ple deserve no less. that cannot deliver justice. When an injured plaintiff sues to help [From the New York Times, Oct. 16, 2012] Since 1987, Republican and Democratic ac- POLITICS AND THE COURTS cusations, countercharges and paybacks cover the cost of his or her medical ex- have haunted selection mainly because of di- The winner of the presidential election will penses, or when two small business vided government. Democrats now control have scores of federal judgeships to fill and owners disagree over a contract, they the White House and the Senate. However, the chance to shape the courts—even aside should not have to wait years for a the party should continue cooperating with from potential Supreme Court vacancies Republicans to reduce these counter- court to resolve their dispute. Ameri- should one or more of the current justices re- productive dynamics because the process has cans are rightfully proud of our legal tire. stopped until the November lame duck ses- system and its promise of access to jus- After a slow start, the Obama administra- sion. tion picked up the pace in filling judgeships, tice and speedy trials. This promise is President Obama has vigorously consulted but it will end up with more vacancies on embedded in our Constitution. When with Republican and Democratic senators Election Day than the day the president overburdened courts make it hard to from states where vacancies materialized be- took office. Currently, 32 positions, consid- keep this promise, the Senate should fore actual nominations. Obama has prof- ered ‘‘judicial emergencies’’ by court admin- fered uncontroversial nominees, of even tem- work in a bipartisan manner to help. istrators, are unfilled, creating heavy work- perament, who are smart, ethical, diligent I ask unanimous consent that the loads for judges on those courts. and independent and diverse in terms of eth- letters to which I referred be printed in On the federal appeals courts, the final ar- nicity, gender and ideology. the RECORD. biters on all but the tiny percentage of cases There being no objection, the mate- Senator Patrick Leahy (D–Vt.), the Judici- decided by the Supreme Court, there are now ary Committee chairman, has rapidly con- rial was ordered to be printed in the 14 judgeships open out of 179 total seats. ducted hearings and votes, condemning RECORD, as follows: With about six judges a year taking senior (sending) nominees to unending nights of the status, working only part time, the next HISPANIC NATIONAL BAR ASSOCIATION, living dead on the floor where many lan- Washington, DC, September 25, 2012. president could have as many as 40 appellate guished over months. For example, in late openings to fill by the end of 2016. Hon. HARRY REID, September, the Senate confirmed two nomi- On the trial courts, which resolve around Senate Majority Leader, nees, although it could easily have voted on 325,000 cases a year, six times the number of Washington, DC. another 19 nominees with committee ap- appeals court cases, there are now 62 vacan- Hon. MITCH MCCONNELL, proval. Indeed, the Senate recessed without cies out of 677 positions. Republican Leader, considering any of those well qualified nomi- Much of the problem, of course, has been Washington, DC. nees, most of whom the committee reported the broken confirmation process in the Sen- DEAR SENATORS REID AND MCCONNELL: On absent substantive opposition, because the ate, where Republicans have used the fili- behalf of the Hispanic National Bar Associa- GOP refused to vote. buster to block judicial nominees for no rea- tion (HNBA), which represents the interests Republicans should stop their tricks and son except to prevent President Obama from of the 100,000 Hispanic attorneys, judges, and treat the process more cooperatively. The filling the seats. In the next Congress, the law professors in the United States and primary bottleneck has been the floor. Sen- Senate should ensure every nominee an up- Puerto Rico, we write expressing our concern ator Mitch McConnell (R–Ky.), the minority or-down vote within 90 days. that Congress is adjourning without con- leader, has played the role of Dracula, suck- The United States Court of Appeals for the firming the remaining Latino nominees and ing the lifeblood out of qualified nominees’ District of Columbia, one of the nation’s HNBA endorsed nominees pending on the candidacies by rarely agreeing to final votes. most important courts, has suffered particu- Senate Executive Calendar. As a bar associa- Even the dreaded Ninth Circuit nominee larly in this process, with three unfilled tion, one of our greatest priorities is to advo- Goodwin Liu—whom McConnell and his col- seats and no judge confirmed for the court cate for a diverse judiciary and legal profes- leagues outrageously characterized as the since 2006. sion, and we believe that having a judiciary Politicization has also crept into the proc- Second Coming of Earl Warren and refused that is reflective of the citizenry should be ess for approving district court nominees. In any vote—has proved to be a remarkably one of Congress’ priorities. the 101st Congress in 1989 and 1990, 96 percent mainstream California Supreme Court Jus- Fernando Olguin and Jesus Bernal, who of the district court nominees picked by tice. Most problematic has been Republican have been nominated for seats in the Central President George H. W. Bush were confirmed, rejection of votes on noncontroversial strong District of California, and William Kayatta, and the confirmation process took on aver- nominees, inaction that violates Senate cus- who has been nominated to the First Circuit age just 77 days. Twenty years later, only 56 toms. When the chamber has ultimately in Maine, are all highly qualified, non- percent of President Obama’s nominees were voted, it has approved many nominees unani- controversial candidates with bipartisan sup- confirmed and the process took on average mously or by substantial majorities. port who were voted out of the Senate Judi- The 179 appellate judgeships, 15 of which 174 days. ciary Committee by voice. Despite their are open, are crucial because the dozen cir- During the Obama years, nominees pre- qualifications and the lack of any sub- cuits are courts of last resort in their re- senting no ideological threat have been held stantive opposition to their nominations, gions for 99 percent of appeals. Obama has up in the Republicans’ campaign of partisan they have been pending on the Senate cal- proposed seven exceptional nominees, and he attack and obstruction—even against trial endar for months—Mr. Olguin and Mr. should keep working with Leahy and Sen- judges whose decisions are rarely ideological Bernal for over two months, and Mr. Kayatta ator Harry Reid (D–Nev.), the majority lead- and can be appealed. for over five months—waiting to be con- The holdups have cost Americans dearly— er, who arranges floor votes, and their Re- firmed. This is especially concerning consid- in justice delayed (it now generally takes publican counterparts to facilitate smooth ering both Mr. Bernal and Mr. Olguin are two years to get a federal civil trial) and jus- confirmation while nominating strong can- nominated to seats that have been deemed tice denied. It is time to adopt a more effi- didates for the eight openings that lack judicial emergencies, and Mr. Kayatta is cient, less political approach to district nominees. On June 13, the GOP leadership in- nominated for the First Circuit. The fact court confirmations. The courts must be voked the ‘‘Thurmond Rule,’’ which that Congress is adjourning without con- brought to full strength so they can meet the masqueraded as a binding mandate, saying it firming these candidates is of great concern, demands for justice. The next president and would oppose votes on all appellate nominees and is a disservice to the Federal Courts and the new Senate should make reforming the until the election. Because this notion does the people they serve. confirmation process a paramount priority. not apply to excellent, consensus nominees, It is of utmost importance for the oper- like First, Tenth, and Federal Circuit nomi- ational capacity and overall integrity of our [The Hill’s Congress Blog, Oct. 31, 2012] nees William Kayatta, Robert Bacharach and judicial system that we appoint and confirm Richard Taranto, the Senate must vote on OBSTRUCTION IN THE SENATE TAKES ITS TOLL quality and experienced individuals to serve them soon. in the Federal judiciary in a timely manner. ON COURTS The 679 district judgeships, 68 of which are Given the number of judicial emergencies (By Carl Tobias) open, are essential, as district judges con- and growing caseloads across the country, Halloween is the perfect occasion for ana- duct federal trials and ascertain the facts, the need to fill vacancies efficiently and ex- lyzing scary federal judicial selection with while appeals courts uphold 80 percent of

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6790 CONGRESSIONAL RECORD — SENATE November 14, 2012 lower court decisions. Obama has nominated ‘‘Today’s bittersweet,’’ he said earlier on company’s president, CEO, and chair- 27 excellent individuals and must quickly Halloween. ‘‘I walk out of here tonight at man, Farooq Kathwari, recently visited suggest candidates for the 41 vacancies with- midnight. The joke is I’m turning into a with employees at the Orleans, VT, fa- out nominees. For its part, the Senate must pumpkin.’’ cility to celebrate the company’s anni- swiftly confirm nominees. The University of Vermont graduate The vacancies in 83 judgeships resulting worked much of his career with the Guard in versary and its return to profitability. from GOP obstruction have, like Dr. Frank- public affairs. He typed his first news release I congratulate Ethan Allen Furniture enstein, created monstrous dockets that in 1987, about a man who built a cheap device on this monumental anniversary, and I jeopardize expeditious, inexpensive and fair that could detect infrared light for the U.S. wish them much success in the future. case resolution. Thus, President Obama must military. The story circulated nationally for I ask unanimous consent that the promptly nominate, and senators rapidly two years, he said. September 26, 2012, Caledonian Record confirm, numerous superb judges, so the Goodrow has since spoken on behalf of sol- article entitled ‘‘Ethan Allen Cele- courts can deliver justice. Boo! diers who deployed to Iraq and Afghanistan brates 80 Years’’ be printed in the f and returned home to rebuild Vermont in the wake of Tropical Storm Irene. RECORD. TRIBUTE TO LLOYD GOODROW ‘‘The hardest thing was dealing with the There being no objection, the mate- Mr. LEAHY. Mr. President, today I deaths of soldiers,’’ he said. ‘‘The first time rial was ordered to be printed in the am proud to call to the Senate’s atten- I looked into the eyes of a gold star mother, RECORD, as follows: it changed my life forever.’’ [From the Caledonian Record, Sept. 26, 2012] tion the record of accomplishment of a That was the mother of Vermont Army military officer who has retired after 33 Guard Spec. Scott McLaughlin, a 29-year-old ETHAN ALLEN CELEBRATES 80 YEARS years of outstanding service to the husband and father of two from Hardwick (By Robin Smith) Vermont Air and Army National who was shot and killed by a sniper in Iraq Ethan Allen CEO, President and Chairman Guard. in 2005. Farooq Kathwari praised his employees in LTC Lloyd Goodrow served five Adju- Goodrow said he helped the family gather Vermont Tuesday afternoon and announced tant Generals. He distinguished himself photos of McLaughlin for the media and performance raises as part of the company’s in the position of State Public Affairs later convinced them to allow reporters in 80th anniversary. the church for the funeral services. Ethan Allen plants in Orleans and Beecher Officer. Through diligence, honesty, ‘‘The media is there to represent the com- and integrity he forged a strong and Falls are profitable now for the first time munity, and to help the community as well,’’ since the Great Recession, Kathwari told em- straightforward relationship with the he said. ‘‘I reminded them that you help the ployees who gathered in a plant storage fa- media and the Vermont Congressional community mourn.’’ cility at the Orleans facility to eat cake and Delegation. Goodrow said he leaves media relations in celebrate. In the years after the attacks of Sep- the good hands of Capt. Chris Gookin. The company wanted to begin the big anni- tember 11, 2001, Lieutenant Colonel Gookin stood to lead the Guard’s public af- versary celebration in Vermont where it Goodrow provided strong, meaningful fairs office upon Goodrow’s retirement. began 80 years ago in Beecher Falls. ‘‘It’s important that the public knows who This morning, Kathwari and Ethan Allen support to deployed troops and their we are, what we represent and what we can families. He helped Vermonters to officials will ring the bell to open the New do for them,’’ Goodrow said. ‘‘Because we be- York Stock Exchange. And in the next sev- make a human connection to the long to the people. We belong to the public.’’ eral weeks, the company will unveil a new Guard during this difficult time. His Goodrow’s retirement party is scheduled line of American furniture and launch a mar- empathy and deep understanding of the for noon Thursday at the American Legion keting campaign, Kathwari said. tragedy and suffering of Gold Star fam- in Colchester. His formal retirement cere- The company converted its operation in ilies not only aided those families in mony is slated for 2 p.m. Sunday at the Orleans and elsewhere from mass production the healing process but left a lasting Green Mountain Armory at Camp Johnson. to custom-manufacturing over a year and a ‘‘I really have been blessed,’’ he said. ‘‘I’ve impression on Lloyd. half, he said. The profitability and efficiency been part of a group that’s been second to in Orleans is up 30 to 40 percent in the last Lloyd is an outstanding family man. none.’’ Marcelle and I are fortunate to count two years, he added. f And now, instead of buying products from as friends Lloyd, his wife Margo, and China, Kathwari said Ethan Allen is selling their son Daniel. Daniel has been rec- RECOGNIZING ETHAN ALLEN its furniture to China. ognized at the State and national level FURNITURE Ethan Allen received a fairly large order for his swimming in the Special Olym- Mr. LEAHY. Mr. President, one of from China last year and has retail stores pics. Like his parents, he has been a Vermont’s premier businesses is cele- there. strong advocate for people with special brating its 80th anniversary this year. ‘‘You folks will make orders for China. Think of that,’’ he said. needs. Ethan Allen Furniture has come to In recognition of Lieutenant Colonel ‘‘If someone had said . . . we would make represent the very highest standards lamps for China, we would have said ‘That’s Goodrow’s service to our country and and quality that Vermont has to offer. crazy.’ ’’ to our State of Vermont, I ask that an In 1932, two brothers-in-law from New Kathwari invited a select group of com- article, ‘‘Spokesman for Vt. National York City established a wholesale com- pany retailers, marketers, designers, board Guard retires,’’ written by Matt Ryan pany that sold small housewares. Four members and initial investors, plus local leg- in the November 1, 2012, edition of the years later, they purchased a bankrupt islators, to a tour of the Orleans plant before Burlington Free Press, be entered into furniture factory in Beecher Falls, VT, he spoke to employees. Kathwari recognized long-time employees at the plant, one of the CONGRESSIONAL RECORD. and began manufacturing early Amer- There being no objection, the mate- whom had been at the plant for 53 years and ican furniture branded as the Ethan introduced company leaders who had lon- rial was ordered to be printed in the Allen line. They eventually renamed gevity with the company. RECORD, as follows: the company after Ethan Allen, a Rev- That’s how Ethan Allen has survived 80 [The Burlington Free Press, Nov. 1, 2012] olutionary War hero who played an in- years and grown, he said, because experience and longevity allows nimble adaptability. GOODROW REFLECTS ON 33-YEAR CAREER tegral role in America’s fight for inde- ‘‘To be around for 80 years, you have to by (By Matt Ryan) pendence and Vermont’s admission to the Union as the 14th State. plan or by accident reinvent it,’’ he said. Lt. Col. Lloyd Goodrow said during his ten- Ethan Allen survived the Great Depres- ure as spokesman for the Vermont National Over the years, Ethan Allen Fur- sion, he said, and now the Great Recession. Guard, he has considered reporters and sol- niture has grown into one of the The company kept 70 percent of its manu- diers alike his colleagues. world’s most prominent furniture mak- facturing in the U.S., Kathwari said, ‘‘which ‘‘It’s easier if you have a relationship with ers and interior design specialists, with is remarkable.’’ the media, and you understand where each over 300 stores worldwide and manufac- The company is committed to the Orleans other came from,’’ Goodrow said. ‘‘Have we turing centers around the globe. plant, where 320 employees make tables, always agreed? No. Have we agreed to dis- This world-renowned company has chairs and other furniture that has the name agree? Yes.’’ remained close to its Vermont roots of the customer on the bar code label. Each Goodrow, 58, of Essex Junction retired at piece being manufactured in Orleans is al- midnight Wednesday, ending a 33-year career and continues to employ many ready sold ‘‘and our people know it,’’ with the Vermont National Guard. He said Vermonters because of their unique Kathwari said. his next order of business is to find a new talent and experience in finely crafted The Orleans staff have tremendous experi- job. furniture. It was great to see that the ence and knowledge, the Orleans and Beecher

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6791 Falls plants have technological improve- shelter for those in need, COTS’ pre- Markley: Very few days look the same. ments from ongoing investments over the vention program extends a crucial safe- That’s what I love about this job. Some days years and the area has the best sustainable ty net for those on the brink of losing it’s meetings with community partners, hardwood resources in the world, he said. their homes. other days is brainstorming with staff, writ- Because of these things and the produc- ing reports, looking at our numbers. I stay in tivity and quality in Orleans, Kathwari an- Under Rita’s leadership more than touch with the people we serve. I advocate to nounced the reintroduction of performance 100 families found shelter through fix problems that put ridiculous burdens on raises this year. COTS in 2011, including 115 parents and struggling families. ‘‘Those who have done a good job will get 122 children. Since 2008, COTS’ preven- In the past five weeks, I’ve been running to an increase,’’ he said. tion program has helped 1,264 people to every last corner of Burlington looking for a He said the new plant in Honduras, like the stay in their apartments and has new Daystation. Mexican plant, turns raw resources into ma- stopped 55 foreclosures. Our whole approach isn’t about how we terials for the upholstery manufacturing Rita is known throughout Vermont help the homeless, that is the wrong premise, it’s about how we can end homeless- plant in North Carolina, he said. for her overwhelming generosity, tire- Without that Mexican plant, Ethan Allen ness. What can we do so that 20 years from would not have been profitable during the re- less determination, and sharp sense of now people don’t need shelters in the first cession, he said. humor. She truly embodies the place? The company’s vertical integration, from Vermont spirit, dedicating herself to BFP: What fuels your passion? bringing in raw wood at Beecher Falls, to helping her neighbors and reminding us Markley: It’s an underlying belief that ev- wood work in Orleans to the company’s own that we are all in this together. erybody has infinite promise, and potential, stores and interior designers, means it was Vermont is truly lucky to call Rita and that they deserve a chance to try to able to survive and change in reaction to reach that. Markley one of our own. I spent the first five years of my life in an globalization and mass market changes. I ask unanimous consent that a copy The company is public but is fortunate in orphanage. I know I would be a very dif- being able to think long term, Kathwari of an article from September 20, 2012, ferent person today without the volunteers said, noting that he has served as CEO for 40 entitled, ‘‘Innovation, and passion, in who would come and rock the babies and years. the nonprofit world,’’ from The Bur- read to us. They came three or four times a Challenges remain for the company in lington Free Press, be printed in the week to make us feel loved and special. I think I would have been one of those kids Vermont, including the high price of elec- RECORD. tricity, at two times that in North Carolina There being no objection, the mate- who could have otherwise fallen through the cracks, or given up, before I had even stepped and three to four times that of overseas rial was ordered to be printed in the where the price is kept down by government, out the door. RECORD, as follows: he said. I was very lucky to be adopted by the Also the increasing cost of health care is a [From the Burlington Free Press, Sept. 20, Markleys. It was a privileged household, but concern, he said. 2012] I remember well what holidays are like when you don’t have a home, like the home you The founders bought the Beecher Falls INNOVATION, AND PASSION, IN THE NONPROFIT read about in storybooks. Or when you feel wood plant and renamed it Ethan Allen, a WORLD—RITA MARKLEY OF COTS TALKS embarrassed because of the fact you are an mark of the colonial American furniture the ABOUT THE IMPORTANCE OF PARTNERSHIPS orphan. company made. IN A WORLD OF GREAT NEED, LIMITED FUNDS When I think of the kids there, I still re- Kathwari said the company will unveil five (By Lynn Monty) new American lifestyle lines of furniture, member their names. I remember who we Work is missed when children get sick. Gas from modern to classic—reflecting the global were and how much useful creativity, imagi- for trips to the doctor’s office is costly. Rent style of America today. Sneak peeks were nation and joy every single one of us had. We payments become late, and medical bills available from the classic-lined wood chairs were encouraged when we could have been loom. Homelessness strikes after a long list and tables and headboards, in Fiesta Ware shut down. The volunteers and staff there of setbacks in a person’s life . . . a family’s type colors, and other beautiful pieces in really cared about what they were doing, and life. various stages of construction at the plant launched us into lives that became meaning- Unforeseen expenditures happen to every- Tuesday. ful. one, but when they come about on a fixed in- I know when you don’t get the opportuni- He hopes to see sales continue to increase, come it can cause a domino effect of devasta- ties for college and travel and exposure that as they have for the past two years, he said tion. Financial insecurity has plagued house- I was given by the Markleys, you can start by about 15 percent each year. holds nationwide since the economic down- out with that bright shining light, and it f turn, and Burlington is no exception. gets darker and darker as each year passes Rita Markley, 53, of Burlington knows all by, and you stop believing that there are bet- TRIBUTE TO RITA MARKLEY too well what our community has had to en- ter things that are possible for you. This Mr. LEAHY. Mr. President, home- dure. She is executive director of the Com- underlies everything that I am. lessness is not something found only in mittee on Temporary Shelter, where she’s I have never been a woe-is-me kind of per- tasked daily with providing distressed people son. I believe in joy, touching that joy, and large urban areas or that is isolated to with emergency shelter and services, but her touching what is most wonderful in humans city limits; it is just as easily found in ultimate goal is to find long-term solutions who have the capacity to care about each small towns and rural areas. Vermont, to end homelessness altogether. other when we don’t have to. There is no rea- like the rest of the Nation, struggles More than a hundred families stayed in son that most of the volunteers need to come each day with homelessness. It is esti- COTS shelters in 2011. This included 115 par- to a place like COTS every day, but they do mated that in any given year, there are ents and 122 children. An average of 53 people because they can’t bear the idea that some- 4,000 homeless Vermonters, and on any a day used the COTS Daystation, the only body is going to sleep in a car, or not have given night, children, as well as adults, drop-in center for homeless adults in a chance without their support. Chittenden County, before a storm flooded BFP: How would Burlington be different find refuge in a shelter. the Daystation in July. without COTS? The Committee on Temporary Shel- Among her myriad responsibilities, and Markley: I believe in working toward a ter, known in Vermont as COTS, has scrambling to find a new home for the much world where everybody gets a chance. A lot been serving the homeless in needed community resource before snow of the work and the way we do things at Chittenden County since 1982. While flies, surprisingly, Markley finds time to COTS is driven from the principles of finding COTS relies on the talents of more laugh. that strength, that spark, to help people be- than 60 dedicated staff members, it is Humor is part of the fuel she needs to forge lieve again that more is possible for them ahead, to build community partnerships, and the tireless leadership of their execu- than simply a shelter bed and hoping they to get through tough times. ‘‘You might as will have enough food day to day. To help tive director, Rita Markley, that is the well have fun while you are doing what you them see that you cannot only survive, but heartbeat of this critically important do,’’ she said. ‘‘Laughter is a way to connect, have a rich life. organization. and you feel better when you laugh. It makes Without the work we do every day, Bur- I have been so proud of the work of you feel alive.’’ lington would be a place with shelter upon Rita and COTS in their service to the We spoke to Markley about these philoso- shelter upon shelter with people never get- people of Chittenden County. During phies, her life and her innovations at the ting out in front of it. It takes so long to her time with COTS, Rita has worked nonprofit in an interview at her North Ave- save for a security deposit, especially when nue office on Sept. 5. A fuller version of this you are only bringing in $400 a week or less. tirelessly to provide emergency shelter interview is available online at We help people with this. to those in need, while advocating for BurlingtonFreePress.com. In 2008, COTS launched an innovative new long-term solutions to end homeless- Burlington Free Press: What does an aver- prevention program with $250,000 that we had ness. Beyond providing emergency age day look like for you at COTS? been fundraising since 2005. We got tired of

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6792 CONGRESSIONAL RECORD — SENATE November 14, 2012 seeing so many people miss paying rent be- tiatives and bring together more partner- community planning, and under Gov. How- cause the alternator on their car went, or ships. I would integrate the use of tech- ard Dean, the state provided substantial had to miss work because of a sick child. nology and bring together the disparate pro- funding to conserve farms, forests and nat- Homelessness is often the result of this un- grams right now that are hard to navigate. ural areas. Recently the Legislature enacted raveling. f downtown legislation and growth centers to The trajectory was so clear. Incomes were encourage growth in and around existing flat, or going down, and rents were going up. PROTECTING ECONOMIC VITALITY population centers and towns. Utilities were skyrocketing, gasoline was Mr. LEAHY. Mr. President, shortly However, not all is rosy. As I traveled going up, and it was a housing market where after the Senate recessed in Sep- across the state as chairman of the Environ- if you lose your place, there are 10 other peo- mental Board in the late 1990s, the suburban- ple who want it. We saw this and started tember, a compelling article was pub- ization of Vermont was all too clear in cer- raising money. lished in the Burlington Free Press tain areas. So we founded the nonprofit Our goal in mind was to keep families which I would like to share with this Smart Growth Vermont (originally named whole, helping them keep in good financial Senate. the Vermont Forum on Sprawl) in 1998. Our standing and to regain their footing. We kept John Ewing is a true public servant aim was to work with the administration 293 families in their homes that first year. in Vermont. His vision and ability to and the Legislature to better preserve our Since 2008, COTS’ prevention program has work with diverse groups to protect heritage, and to assist local communities in helped 1,264 people stay in their apartments Vermont’s environment has been an in- their planning and regulatory functions to and stopped 55 foreclosures. We break their more effectively guide their growth. This fall. spiration to many. His September 30, ‘‘smart growth’’ organization has now been Far more people than you see now would 2012, column entitled, ‘‘I Believe’’ re- merged into the Vermont Natural Resources be sleeping in doorways without our services. views the important steps Vermont has Council, where its director, Brian Shupe, and There would be far more children without a taken to achieve smart growth to help his staff are well positioned to carry forward fixed address. Even with this successful our natural resources and the State’s the initiatives and the tools we developed, homeless prevention program in place, we economy hand in hand. John also looks and to work with individual towns. still have people becoming homeless at a to the future and what we must con- The smart growth movement believes that quicker rate than we can break their fall. tinue to do in Vermont to ensure we the twin goals of economic vitality and the BFP: What sustains this organization? protection of our natural heritage are not at Markley: The community sustains this or- are planning for our best future pos- all incompatible. In fact, much of the suc- ganization. The people who come out to con- sible with vibrant communities, a cess of Vermont is attributable to its beauty tribute time and money have such a pro- working landscape, and the natural and special qualities, supporting all facets of found impact on so many lives. The amazing beauty of our open spaces. Vermonters economic activity: tourism, farming, busi- thing about COTS is the people who come have a history of approaching these nesses and jobs all integrated so that there is out to support it. issues in a collaborative and objective no need to sacrifice our basic values. They are the ones who make sure no one in fashion and I know that if we continue We are blessed in Vermont with so many our community is without a safe, warm place organizations working together to achieve to go during the worst of times. What sus- to do that we will be able to move these goals. I doubt that any state is so well tains us is the belief that we are so much Vermont forward to a bright and sus- served by the quality of its leaders and its more together than we are alone. tainable future. organizations. I have already mentioned the It’s because this community is far better John’s column is a roadmap to how Vermont Natural Resources Council, which informed about who the homeless really are. States can protect their natural herit- just celebrated its 50th anniversary; a sam- They know that the guy in the doorway age while maintaining their economic pling of other groups include: might be a veteran, but we have more work vitality. I ask unanimous consent that Land trusts, such as the Vermont Land to do as an origination. I think many the text of this column be printed in Trust and many of its local counterparts. Vermonters would be shocked to know that Conservation organizations: the Nature at the start of the school year last year there the RECORD. Conservancy and countless similar groups. were 141 homeless children in our area, or There being no objection, the mate- Vermont Businesses for Social Responsi- that our waiting list is high right now. rial was ordered to be printed in the bility. That is the hardest part of this work, when RECORD, as follows: Preservation Trust of Vermont. you don’t have enough to help everyone. The Vermont Council on Rural Develop- [From the Burlington Free Press, Sept. 30, ment and its initiative on the working land- Last year we had the least amount of money 2012] to give out for prevention, and all of the scape. school systems felt it keenly because we I BELIEVE: ‘‘ECONOMIC VITALITY AND PRO- The housing nonprofits, exemplified by the were not able to keep the same amount of TECTING NATURAL HERITAGE ARE NOT AT Champlain Housing Trust. The ‘‘buy local’’ food movement, which is families stable because of state and federal ALL INCOMPATIBLE’’ so important in ensuring that our land re- funding cuts and donations were down. (By John T. Ewing) sources are used productively. BFP: In what other ways have you been in- Vermont is defined by its natural beauty, There’s also the important Vermont Hous- novative in your approach in leading COTS? its towns and villages and its working land- ing and Conservation Board, which over the Markley: I have brought a lot of new con- scape. But the question always remains: Can years has contributed to the development or stituencies to COTS. I look further up the Vermont encourage growth, provide jobs and protection of: stream. Where people are used to hearing at the same time retain these special quali- 10,750 permanently affordable housing nothing but no, I find a way to get to yes. ties? Will we be able to avoid the negative units. For people with really awful credit or be- impacts of unplanned growth and suburban- 144,000 acres of agricultural lands. havior issues, every door is slammed. No ization? 253,000 acres of natural areas and recre- landlord will take the risk. Instead of ac- When I first came to Vermont in the 1950s, ation. cepting that as a no, we figure out how to the site of the Sheraton Hotel on Williston 57 downtown historic properties. help people build relationships with land- Road beyond the University of Vermont was And most importantly, there are the local lords through a new risk guarantee program. a dairy farm. Burlington had three hardware planning commissions, zoning boards and We ask landlords to take a chance on our stores, and its banks stayed open on Friday town councils that are on the front line in clients who we know are a challenge. We put nights to accommodate the farmers who confronting the complex proposals in their up all of the costs of an eviction as a guar- came to town. communities. antee, and hold it for a year and a half. So much has changed. And yet Vermont There always will be apparent conflict be- My goal is to make sure nobody loses the has worked hard to retain its traditional set- tween growth and preserving the Vermont hope entirely that they will ever be back tlement patterns—its compact communities that we cherish. A current example involves into housing. Once a person gives up, there is and a healthy working landscape. the proposals for industrial wind power, so little you can do. It’s like a life lost pre- State policy has long recognized the need fields of solar collectors, and bio-mass. There maturely. As long as we can hold out that to protect these special qualities. The prin- is an obvious conflict with those who cherish carrot, you can work with people to change ciple of ‘‘compact settlement and a working our ridgelines, mountains, forests and fields. behaviors, to try a different approach, and to landscape’’ has been imbedded as an official I believe these tensions can be relieved if keep believing in themselves and in having a vision since the 1960s. Act 250, with its set of we correct the current lack of planning and home. principles to guide growth, was enacted in develop a more impartial regulatory system. BFP: If you could do anything you wanted 1972. The Vermont Housing and Conservation As we have done in the past on other issues, to innovate at COTS, with no barriers, what Trust Fund was enacted in 1987 to pay for the Vermont can integrate the need for renew- would you do? The sky is the limit. conservation of farms and natural areas, and able energy with the environment if we pro- Markley: I would triple our prevention to invest in affordable housing in our vil- vide the planning, systems for approval and fund, and link it to our follow-up services lages and downtowns. opportunity for citizen involvement. two years out to make sure families are still Under Gov. Madeleine Kunin, several ef- Compact and vibrant communities, natural doing OK. I would focus on employment ini- forts were made to strengthen state and beauty and a working landscape: I believe we

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But we have a history of address- the team made history by battling rity information, which are also known ing these issues in an objective and collabo- back from a two games to nothing def- as ‘‘leaks,’’ can be a serious problem. rative manner—that also is what defines Vermont. icit to beat the Cincinnati Reds—the Unauthorized disclosures of sensitive first come-from-behind win of its kind information can jeopardize legitimate f in National League history. military and intelligence operations, NOTICE OF OBJECTION When the Giants made it to the Na- and even put lives at risk. So I think it tional League Championship Series Mr. GRASSLEY. Mr. President, I, can be entirely appropriate for Con- against the defending World Series gress to look for ways to help the exec- along with Senator MARK KIRK, intend Champion St. Louis Cardinals, they to object to proceeding to the nomina- utive branch protect information that once again found themselves on the tion of Richard Berner to head the Of- intelligence agencies want to keep se- brink of elimination. The team banded fice of Financial Research within the cret, as long as Congress is careful not together and roared back, winning Department of the Treasury. to do more harm than good. I myself three hard-fought games in a row to We will object to proceeding to the spent 4 years working on legislation to capture their second National League nomination because the Department of increase the criminal penalty for peo- pennant in 3 years. With a powerful the Treasury has refused to respond to ple who are convicted of deliberately combination of great pitching, excel- exposing covert agents, and I am proud a letter Senator KIRK and I sent on Oc- lent defense, and clutch hitting, this tober 2, over 6 weeks ago, regarding the to say that with help from a number of Giant team always found a way to win. Treasury Secretary’s actions when he my Republican and Democratic col- All 25 players on the playoff roster became aware of the manipulation of leagues, this legislation was finally should be congratulated for their con- the London Interbank Overnight Rate, signed into law in 2010. tributions to this true team effort: Jer- So I am all for Congress recognizing or LIBOR. The Department has also re- emy Affeldt, Joaquin Arias, Brandon that leaks can be a serious problem, fused to provide the documents we re- Belt, Gregor Blanco, Madison and for doing things to show the men quested. Bumgarner, Matt Cain, Santiago and women of the U.S. intelligence In addition, my staff has, on several Casilla, Brandon Crawford, Aubrey community that we recognize the seri- occasions, attempted to schedule brief- Huff, George Kontos, Tim Lincecum, ousness of this issue. The problem, ing times that are convenient for the Javier Lopez, Jose Mijares, Guillermo though, is that Congress can’t actually Department. The Treasury Department Mota, Xavier Nady, Angel Pagan, Hun- legislate this problem away, and at- has cancelled each of these briefings ter Pence, Buster Posey, Sergio Romo, tempts to do so can have serious nega- and failed to cooperate in rescheduling Hector Sanchez, Pablo Sandoval, tive consequences. at a mutually agreeable time. Marco Scutaro, Ryan Theriot, Ryan One of the best analyses I have seen Because everything from home mort- Vogelsong, and Barry Zito. of the problem of unauthorized disclo- gages to credit cards was pegged to In addition to the players, I also con- sures was a report published last year LIBOR, its manipulation affects almost gratulate Chief Executive Officer Larry by the National Intelligence Univer- every American. Given the widespread Baer, General Manager Brian Sabean, sity. The report observed that this effects of this manipulation, it is dis- and Manager Bruce Bochy for the tre- problem has been around for several turbing to see that the Treasury De- mendous job they did in assembling decades, and noted specifically that partment has thus far refused to an- and guiding this team to the 2012 World ‘‘The relative consistency in the num- swer basic questions and provide essen- Series. ber of unauthorized disclosures over tial documents. As Giants fans in the Bay Area and the past 30 years demonstrates their It is critical for Congress to be able around the world celebrate, I congratu- persistent nature, independent of to ask questions and to have access to late their team on a remarkable sea- which political party controls the administration documents in order to son, a seventh World Series title, and a White House or Congress.’’ This report, conduct vigorous and independent place in the history books. like a number of previous reports on oversight. It is unfortunate that this f the subject, also suggested that be- administration, which has pledged to cause it is very difficult to identify INTELLIGENCE AUTHORIZATION be the most transparent in history, government employees responsible for consistently falls short of that goal. Mr. WYDEN. Mr. President, the Sen- disclosing classified information to the f ate is being asked today to approve the media, unauthorized disclosures are intelligence authorization bill for 2013 not a problem that can be solved with CONGRATULATING THE SAN by unanimous consent. I believe that FRANCISCO GIANTS legislation. significant changes need to be made to Again, this doesn’t mean that Con- Mrs. BOXER. Mr. President, I ask my this bill before it is passed, so I object gress shouldn’t try to find ways to help colleagues to join me in congratulating to this unanimous consent request. the executive branch when it can. But the 2012 World Series champion San When the Senate Intelligence Com- it does mean that Congress and the Francisco Giants. This season the Gi- mittee approved this bill in July, I was public should be generally skeptical of ants earned their second World Series the only member of the committee to anti-leaks bills, and remember that not title in 3 years by sweeping the Detroit vote against it, and I would like to everything that is done in the name of Tigers in 4 games. take a few minutes to explain my con- stopping leaks is necessarily wise pol- All season, the Giants truly exempli- cerns, so that my colleagues who are icy. fied what it means to be a team. Even not on that committee can get a better In particular, I think Congress though this season saw historic accom- sense of what this debate is about. should be extremely skeptical of any plishments from individuals, including This bill contains a number of worth- anti-leaks bills that threaten to en- Matt Cain’s perfect game and Pablo while provisions, and I wish that I had croach upon the freedom of the press, Sandoval’s three home runs in game been able to support it. Unfortunately, or that would reduce access to informa- one of the World Series, no one player it also contains several provisions that tion that the public has a right to carried the Giants. Contributions from I find very troubling, all of them lo- know. all players on an outstanding roster of cated in Title V of the bill. These pro- As most of my colleagues are aware, perennial all-stars, reliable veterans visions are all intended to reduce unau- my father was a journalist who re- and promising young players led the thorized disclosures of classified infor- ported on national security issues. Giants to win the National League mation, but I am concerned that they Among other things, he wrote what Western Division. will lead to less-informed public debate many consider to be the definitive ac- On their road to the World Series, about national security issues, and also count of the Bay of Pigs invasion, as the Giants showed true grit and deter- undermine the due process rights of in- well as an authoritative account of mination. They won a record-tying six telligence agency employees, without how the U.S. came to build and use the consecutive games when facing elimi- actually enhancing national security. first atomic bomb. Accounts like these

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6794 CONGRESSIONAL RECORD — SENATE November 14, 2012 are vital to the public’s understanding viding briefings to the press, unless responsible for a disproportionate num- of national security issues. Without those employees give their names and ber of leaks. And I am concerned that transparent and informed public debate provide the briefing on the record. The it will be harder to attract qualified in- on foreign policy and national security bill makes an exception for agency di- dividuals to work for intelligence agen- topics, American voters would be ill- rectors and deputy directors, and their cies if Congress creates the perception equipped to elect the policymakers public affairs offices, but no one else. It that intelligence officers have fewer who make important decisions in these seems to me that authorized, unclassi- due process rights than other govern- areas. fied background briefings from intel- ment employees. Congress, too, would be much less ef- ligence agency analysts and experts are While I have a number of smaller fective in its oversight if Members did a useful way to help inform the press concerns regarding the language of not have access to informed press ac- and the public about a wide variety of these anti-leaks provisions, the issues counts on foreign policy and national issues, and there will often be good rea- that I have just laid out represent my security topics. And while many Mem- sons to withhold the full names of the central concerns, and I hope that my bers of Congress don’t like to admit it, experts giving these briefings. I haven’t colleagues now have a better sense of members often rely on the press to in- seen any evidence that prohibiting the why I oppose this bill. I would add that form them about problems that con- intelligence agencies from providing my view seems to be widely shared out- gressional overseers have not discov- these briefings would benefit national side of Congress, and that when USA ered on their own. I have been on the security in any way, so I see no reason Today ran an editorial criticizing these Senate Intelligence Committee for 12 to limit the flow of information in this anti-leaks provisions, they couldn’t years now, and I can recall numerous manner. find a single senator who was willing to specific instances where I found out The third provision that I am most publicly defend them. about serious government wrong- concerned about is section 511, which I know that the sponsors of this bill doing—such as the NSA’s warrantless would require the Director of National have worked hard on it, and I am still wiretapping program, or the CIA’s co- Intelligence to establish an adminis- happy to sit down with them at any ercive interrogation program—only as trative process under which he and the time to discuss my concerns in more a result of disclosures by the press. heads of the various intelligence agen- detail, and help them make the major With all of that in mind, I am par- cies would have the authority to take changes that I believe must be made ticularly concerned about sections 505 away pension benefits from an intel- before this authorization bill moves and 506 of this bill, both of which would ligence agency employee, or a former forward. limit the flow of unclassified informa- employee, if the DNI or the agency f tion to the press and to the public. Sec- head determines that the employee has tion 505 would prohibit any govern- knowingly violated his or her non- SPORTSMEN’S ACT OF 2012 ment employee with a Top Secret, disclosure agreement and disclosed Mr. BLUMENTHAL. Mr. President, I compartmented security clearance classified information. would like to make a brief statement from, and I quote, ‘‘entering into any I am concerned that the Director of regarding my vote to support the mo- contract or other binding agreement’’ National Intelligence himself has said tion to proceed to S. 3525, the Sports- with, quote, ‘‘the media’’ to provide that this provision would not be a sig- men’s Act of 2012. There are many wor- ‘‘analysis or commentary’’ concerning nificant deterrent to leaks, and that it thy provisions in this bill that deserve intelligence activities for a full year would neither help protect sensitive our support. However, I remain con- after that employee leaves the govern- national security information nor cerned about the provision that would ment. This provision would clearly lead make it easier to identify and punish allow the importation of polar bear to less-informed public debate on na- actual leakers. Beyond these concerns trophies taken in sport hunts in Can- tional security issues. News organiza- about the provision’s effectiveness, I ada before February 18, 1997. This pro- tions often rely on former government am also concerned that giving intel- vision would apply to trophies regard- officials to help explain complex sto- ligence agency heads broad new au- less of whether they were taken from ries or events, and I think it is entirely thority to take away the pensions of an approved polar bear population. appropriate for former officials to help individuals who haven’t been formally Prior to 1997, U.S. trophy hunters were educate the public in this way. I am convicted of any wrongdoing could pose only permitted to take bears and im- also concerned that prohibiting indi- serious problems for the due process port trophies from approved popu- viduals from providing commentary rights of intelligence professionals, lations; thus, only trophy hunters who could be an unconstitutional encroach- particularly when the agency heads killed polar bears from unapproved ment on free speech. For example, if a themselves haven’t told Congress how populations would benefit from this retired CIA Director wishes to publish they would interpret and implement provision of the bill. an op-ed commenting on a public pol- this authority. As many of my col- I find this very disturbing. This pro- icy debate, I see no reason to try to ban leagues will guess, I’m especially con- vision of the Sportsmen’s Act under- him from doing so, even if he has been cerned about the rights of whistle- mines current wildlife protections, and retired less than a year. blowers who report waste, fraud and further imperils an already threatened I understand my colleagues’ desire to abuse to Congress or Inspectors Gen- species by encouraging future killings prohibit unauthorized disclosures by eral. for sport. For this reason, I am proud retired officials, but these officials are I outlined these due process concerns to cosponsor the amendment intro- already legally bound not to disclose in more detail in the committee report duced by my two colleagues from Mas- classified information that they that accompanied this bill, so I won’t sachusetts to strike this provision. It learned while in government service. restate them all here. I will note, would be my hope that the Senate And I would also note that this bill though, that I am particularly con- would pass this important amendment. does not define who is and who isn’t a fused by the fact that section 511 cre- f member of the media, and that this ates a special avenue of punishment ambiguity could present a variety of that only applies to accused leakers HONORING CAPTAIN SHAWN G. problems. When this bill was being con- who have worked for an intelligence HOGAN sidered in committee, I suggested that agency at some point in their careers. Mrs. SHAHEEN. Mr. President, I we get feedback from outside groups There are literally thousands of em- wish to honor the service of a brave before we voted on it, so that we could ployees at the Departments of Defense, New Hampshire son, U.S. Army Special address problems like this, and I hope State and Justice, as well as the White Forces CPT Shawn G. Hogan, who was that the committee will take that step House, who have access to sensitive na- killed in a tragic accident during a in the future. tional security information. I don’t see military training exercise on October Section 506 would also lead to a less- a clear justification for singling out in- 17 in Golden Pond, KY. Captain Hogan informed debate on national security telligence community employees with was commander of Company A, 4th issues, by prohibiting nearly all intel- this provision, when there is no appar- Battalion, 5th Special Forces Group ligence agency employees from pro- ent evidence that these employees are headquartered at Fort Campbell, KY.

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6795 He received his Green Beret earlier this Dr. Walton died recently at the age of basketball player at Coastal Carolina year. 79 in Anchorage, AK. At the time of her College and is a partner in a Charleston Shawn was born in Albany, NY and death, she was a science education con- law firm. And their daughter, Kathy, is grew up in the Town of Salem, New sultant for NASA’s Aerospace Edu- an assistant state superintendent of Hampshire. An alumnus of Salem High cation Services Project at the space schools in West Virginia and the au- School, Shawn attended the Virginia agency’s Ames Research Center. thor of two books on adult education. Military Institute where he was cap- An accomplished teacher, Dr. Walton The D’Antonis personify the power of tain of both the cross-country team taught high school biology in Lou- families—working hard, supporting and the track and field team. He joined isiana, Maryland, and Alaska. Her ad- each other and standing together, no the U.S. Army upon graduation in 2006. vanced degrees in science education matter how tough times may get. Shawn’s military honors include the from Bowie State College and Doctoral These are the values of the D’Antoni Bronze Star Medal, two Army Com- Degree in Education Administration family. These are the families of the mendation Medals, two Army Achieve- Policy gave her opportunities to meet, West Virginia family. ment Medals, the Army Service Rib- interact with and work alongside stu- Lewis D’Antoni’s father, Andrea, bon, the Global War on Terrorism Serv- dents, teachers and administrators came from Italy to West Virginia in ice Medal, the Iraq Campaign Medal from all over the world. Dr. Walton 1910. He was so proud to be an Amer- with one Campaign Star, the National served as the president of the National ican that he initiated what is probably Defense Service Medal, the Army Serv- Science Teachers Association and held a very unique tradition in any Amer- ice Ribbon, the Sapper Tab, the Ranger countless chair positions on commit- ican household, especially these days. Tab, the Special Forces Tab, and the tees, advisory boards, task forces, judg- Every April 15, after paying his taxes, Andrea D’Antoni would open a bottle Parachutist Badge. ing panels and university groups. of wine and celebrate Tax Day with the Shawn was an avid runner, hiker, Dr. Walton, a beloved teacher and entire family. Kathy D’Antoni remem- rock climber, and skier and is remem- mentor, played a key role in the devel- bers stories of how happy her grand- bered for his love of the great outdoors opment of science education in Alaska father was to pay his taxes because, as and for his impressive athletic ability. and in the United States. Her efforts to she explains, ‘‘he loved America and he At the Virginia Military Institute, for promote innovative and sound science wanted to show his appreciation and to instance, Shawn placed seventh out of teaching practices influenced countless give something back to this great 3,600 cadets in an Army ROTC competi- students and teachers. Her passion for science education was second to none, country.’’ tion. When he wasn’t outperforming That has been the hallmark of the and we are all better for knowing her. the competition on the playing field, D’Antoni family ever since Andrea Dr. Walton will be missed by many.∑ Shawn was outperforming his peers in D’Antoni’s Tax Day celebrations. That the classroom. Friends and teachers re- f certainly has been the hallmark of call Shawn’s intense intellectual curi- RECOGNIZING THE D’ANTONI Lewis D’Antoni’s life work—through osity and independent mind. He was a FAMILY his many years as a coach, a teacher finalist in the prestigious Rhodes and ∑ Mr. MANCHIN. Mr. President, today and school administrator. He taught Marshal Scholarship competitions, won discipline on the court and in the class- an award for the best thesis in science I wish to speak about a great West Vir- ginian, Lewis D’Antoni, and his ex- room. He emphasized that success de- and engineering, and was valedictorian pends on ‘‘how well you prepare’’ and of his class at the Institute. traordinary family. I do so because the D’Antoni family is being honored to- ‘‘how you react to the ebb and flow’’ of Shawn is also remembered for the the game. And never, ever give up. And night for the countless lives they have kindness he showed others and for his that has also been the hallmark of the influenced and the untold students willingness to help anyone in need. He careers of his children, Mike, Dan, they have inspired to reach for the stood out as an athlete, a student, and Mark and Kathy. All have given great stars. At its annual dinner in Charles- a person, and his death is a huge loss service to their communities, their ton, the Education Alliance of West for all who knew him, for New Hamp- State and their country. shire, and for the country. Virginia will celebrate the D’Antonis. The Education Alliance is a non-prof- Shawn dedicated his talents and his And I wish to add my salute to this re- it organization that works to keep stu- life in the service of his community markable family and to thank its pa- dents in school and on track to grad- and his country. He answered the call triarch for all he has done for the peo- uate through various programs, includ- of duty to defend our way of life, and ple of West Virginia in a lifetime of al- ing mentoring. And every year, at its for that, all Americans are forever most 99 years—as a dedicated educator, annual dinner, the organization honors grateful. as an innovative coach, as an inspiring West Virginians who have had a posi- Sadly, Shawn is the fifth Salem High man of integrity and industry. tive impact on the lives of students, as School graduate in recent years to die Lewis D’Antoni had a long career as role models for discipline and hard while serving our country. To honor an educator but he is best known work. This year, the Education Alli- Shawn and all others who have served throughout West Virginia as the ance is honoring the D’Antoni family before him, it is our duty to remain ‘‘coach’s coach.’’ And for good reason! whose own lives bear witness to the committed to the cause of freedom and He was one of West Virginia’s greatest fact that talent is unstoppable, that te- to our returning veterans and their high school basketball coaches, with nacity has rewards and that dreams families. 450 victories, including a State cham- can come true. They have lived lives Shawn is survived by his parents, pionship, while coaching at Mullens that made Andrea D’Antoni’s dream Jean and Richard Hogan of Salem; and High School in Wyoming County. He come true—that the D’Antoni family his sister, Nicole, also of Salem. believed in fast-forward basketball name would be honored in America and I ask my colleagues and all Ameri- even before there was a shot clock. So in West Virginia.∑ it should not surprise anyone that two cans to join me in honoring the bright f life and service of CPT Shawn G. of his sons, Mike and Dan, have been RECOGNIZING THE JUNEAU Hogan. advocates of the run-and-gun offense in their NBA coaching careers. And with EMPIRE CENTENNIAL f Mike named just this week as the new ∑ Ms. MURKOWSKI. On November 2, ADDITIONAL STATEMENTS coach of the Los Angeles Lakers—re- 1912, the Alaska Daily Empire pub- united with point guard Steve Nash— lished its first edition in Juneau. Over look for a lot of full-court play at The the next one hundred years it would REMEMBERING DR. EMMA Forum this season. bear the names Daily Alaska Empire, WALTON All four of the children Lewis par- the Juneau Alaska Empire, the South- ∑ Mr. BEGICH. Mr. President, I wish to ented with his late wife, Betty Jo, are east Alaska Empire and today, The Ju- recognize the passing of one of Alaska’s accomplished and respected throughout neau Empire. I wish to pay tribute to most accomplished, influential and re- West Virginia. Their youngest son, The Juneau Empire on the occasion of spected educators, Dr. Emma Walton. Mark, was an Academic All-American its centennial anniversary.

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6796 CONGRESSIONAL RECORD — SENATE November 14, 2012 From the Gold Rush days and The Empire’s modern period began in REMEMBERING RUBY RIDDLE through much of the 20th Century, Ju- 1969 when the Morris newspaper chain ∑ Ms. MURKOWSKI. Mr. President, neau was quite a competitive news- of Augusta, Georgia acquired and they call Fairbanks in my home State paper town. The Empire was not Ju- brought stability to the publication. of Alaska the ‘‘Golden Heart City.’’ neau’s first newspaper. That distinc- This would be a godsend to Juneau in Ruby Riddle, who moved to Fairbanks tion belongs to the Alaska Free Press, its fight to forestall repeated efforts to from North Carolina in 1963 called it which was first published in 1887. But move Alaska’s capital out of the ‘‘heaven.’’ Ruby would know this. She in rough and tumble Juneau, news- Southeast city. The Empire would be a was designated Official Hostess of the papers came and went. The Empire is vehement opponent of the move. City of Fairbanks in 2001 and of the the only one of perhaps 18 newspapers The Empire was unusual at its found- Fairbanks North Star Borough in 2006. that survived. ing in that it was a non-partisan news- With the Mayors of the City of Fair- In 1912, when the Empire was found- paper, not supposedly favoring either ed, there was but one daily newspaper banks and the Fairbanks North Star in Juneau, the Daily Alaska Dispatch, national political party. It made that Borough at her bedside, ‘‘Miss Ruby’’ which was Republican oriented and re- point in its first edition when it said: passed away on November 1, 2012. I rise today to speak in memory of a lovely flected the progressivism of Theodore It may well be here to emphasize that the Roosevelt’s era. Empire is not in politics. Politics is a mere lady who epitomized all that is special Franklin Alexander Strong was a incidental to a legitimate business industry. about Interior Alaska. Democrat at a time when his party in As a matter of fact, Alaska has been suf- Ruby Lenore Riddle was reportedly Alaska was conservative and business fering, and is still suffering from a glut of eighty something when she died. A true oriented. A newspaper man who had al- politics. More work and less talk of partisan Southern woman never admits her age. politics may accomplish something tangible. ready established The Nome Nugget, She was born on St. Patrick’s Day, Alaska’s oldest newspaper in 1900, The newspaper was unusual in other March 17, in Lenoir, NC. An inde- Strong had already relocated to Se- ways. While crime news was a fixture— pendent spirit, Ruby came north with attle when he was wooed back to Alas- the paper’s first crime stories were fo- her husband in 1963. He passed away in ka. There were plans to make Strong cused on Robert Stroud, who became 1989 and she decided to stay in Alaska. Alaska’s second Territorial Governor famous as the Birdman of Alcatraz Fairbanks was Miss Ruby’s home from at the time. Fortunately, Strong left a after he shot and killed a bartender in the day she arrived. She worked for the printing press in Iditarod, AK, another Juneau to start his criminal record— Northern Commercial Company which Gold Rush town, and moved it to Ju- became one of the first papers in the later became Nordstrom. When Nord- neau upon his return to launch the Em- Nation to run an obituary of a dog on strom closed, Miss Ruby went to work pire as well as his political career. its front page. On March 31, 1942, the for Lamont’s until her retirement. Re- In spite of his political aspirations, paper ran the obituary of Patsy Ann, a tirement, said Miss Ruby, is when life Strong promised that the paper would pit bull, who met every steamship to begins. be politically independent, ‘‘reserving dock in downtown Juneau for more Miss Ruby lived her life with gusto. the right to comment or fairly criticize than a decade, often posing for pictures She was an impeccable dresser—al- any political party that may be in con- with visitors ‘‘with an aloof . . . dig- ways. If something was going on in trol of the federal or territorial admin- nity that befitted her official posi- Fairbanks, Miss Ruby was there with a istrations.’’ Strong had much to criti- tion,’’ as the town’s official mascot, camera. She shot thousands of photo- cize. the dog being the only animal that the graphs with visitors and locals at Strong’s initial editorial read in part: City Council itself paid for her dog li- events and functions. After the func- Notwithstanding the many disabilities cense. tion she would have the film processed under which Alaska has labored for years and send it with a handwritten note past, partly due to ignorance, misinforma- The Empire over the years made its card. Those notes were signed, ‘‘South- tion and misdirected zeal on the part of the living covering ‘‘hard’’ news—from the ern Ms. Ruby.’’ Miss Ruby was involved national school of ultra-conservationists, the town’s first industry, gold mining, to growth and development of this great com- in the Fairbanks community like none fisheries and government affairs, high- other. She attended the local assembly monwealth has been greatly retarded, if not lighted by World War I, World War II absolutely prohibited in important sections. meetings, city council meetings, cham- A change in policy by the federal administra- and the Cold War with Russia. But the ber meetings, townhalls and military tion we believe to be indispensible to the end paper also found time to cover visiting functions. She had a reserved seat in that the people of Alaska may be permitted dignitaries to Alaska’s Capital City, the Fairbanks North Star Borough As- to enjoy the fruits of their labors, in devel- from President Warren Harding who ar- sembly Chamber and rarely if ever oping its great latent natural resources. rived on July 10, 1923 to movie stars missed a meeting. This is a man who understood Alas- John Barrymore, Ingrid Bergman and Following Miss Ruby’s passing that ka. Sadly, Strong was prescient about Gary Grant and from comedians Bob reserved seat was adorned with a sim- the challenges that Alaska would face Hope and Edgar Bergen, to a four- ple lavender vase holding pink and dealing with the Federal Government legged movie star—Lassie. white flowers ringed by pieces of candy in the coming years. His 1912 editorial Over the years the Empire has been that Miss Ruby would often hand out. could very easily appear in Alaska home to a number of writers who would Ruby Riddle was not an Alaskan by newspapers during this 21st century. go on to play significant roles in Alas- Strong would achieve his dream of birth but she was surely a Fairbanks ka public policy issues. Larry Persily, ∑ becoming Alaska’s second Territorial original, and we miss her greatly. who once served as the Empire’s Man- Governor in 1913, a role he would hold f aging Editor, today serves as Federal until April 1918 when it was discovered Coordinator for Alaska Natural Gas RECOGNIZING PAT’S PIZZA OLD that Strong was not eligible to hold Transportation Projects. Kim Elton, PORT the job because he was a Canadian who had never obtained US citizenship. An- who served as editor from March 1976 ∑ Ms. SNOWE. Mr. President, each other of the Empire’s leaders, John until June 1978 would go on to rep- year on the November 11, as a nation, Weir Troy, would serve as Alaska’s resent Juneau in the Alaska Legisla- we celebrate the service of all U.S. Territorial Governor, serving as pub- ture and currently serves as Director of military veterans. Veterans Day is a lisher after Strong from 1914 until he Alaska Affairs at the US Department chance to honor those who protect our became Governor in 1933. From 1933 to of the Interior under Secretary Ken freedom while they give others the op- 1955 the Empire’s publisher was one of Salazar. portunity to pursue the American the first women to run a newspaper in On behalf of my Senate colleagues, I dream. It is our veteran entrepreneurs Alaska, Helen Troy Bender Monsen. congratulate the staff of the Juneau who know the sacrifices and struggles She was followed by William Prescott Empire on the occasion of the news- both of military service and of pur- Allen from 1955 to just after Statehood paper’s 100th birthday and wish the Ju- suing that dream first hand. Today I in 1960 and then by Donald W. Reynolds neau Empire many more years of serv- rise to recognize and commend two until 1969. ice to the people of Alaska.∑ such veteran entrepreneurs, Chris and

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6797 Jen Tyll, who own and operate Pat’s MESSAGES FROM THE PRESIDENT processing of claims for the payment of workers who were not paid appropriate Pizza Old Port located in Portland, Messages from the President of the ME. wages under certain provisions of such title; United States were communicated to to the Committee on Homeland Security and Chris and Jen Tyll are graduates of the Senate by Mr. Pate, one of his sec- Governmental Affairs. the U.S. Naval Academy. Chris is a retaries. f former Navy SEAL and platoon leader, f and served four tours in Iraq. Chris and EXECUTIVE AND OTHER Jen have 23 years of military experi- EXECUTIVE MESSAGES REFERRED COMMUNICATIONS ence between them and have completed As in executive session the Presiding The following communications were six deployments in support of Oper- Officer laid before the Senate messages laid before the Senate, together with ation Iraqi Freedom and Operation En- from the President of the United accompanying papers, reports, and doc- during Freedom. States submitting sundry nominations uments, and were referred as indicated: Chris first visited Maine at the age of which were referred to the appropriate EC–7921. A communication from the Sec- 18 while visiting with his Naval Acad- committees. retary of the Senate, transmitting, pursuant to law, the report of the receipts and expend- emy roommate. He fell in love with the (The messages received today are printed at the end of the Senate pro- itures of the Senate for the period from April State and believed Maine would be a ceedings.) 1, 2012 through September 30, 2012, received great place to raise a family. After in the Office of the President of the Senate moving around the country and living f on November 13, 2012; ordered to lie on the in eight States, the Tylls decided to es- MESSAGES FROM THE HOUSE table. tablish roots in Maine. As Chris EC–7922. A communication from the Direc- transitioned out of the military, he At 2:33 p.m., a message from the tor of the Regulatory Management Division, House of Representatives, delivered by Environmental Protection Agency, transmit- knew he wanted to own a business. ting, pursuant to law, the report of a rule en- Subsequently, he opened a Pat’s Pizza Mr. Novotny, one of its reading clerks, announced that the House has passed titled ‘‘Trifloxystrobin; Pesticide Toler- in the heart of Portland’s Historic Old the following bill, without amendment: ances’’ (FRL No. 9360–9) received during ad- Port in 2009. journment of Senate in the Office of the S. 1956. An act to prohibit operators of The original Pat’s Pizza, located in President of the Senate on October 31, 2012; civil aircraft of the United States from par- to the Committee on Agriculture, Nutrition, Orono, is an undeniable favorite of Uni- ticipating in the European Union’s emissions and Forestry. versity of Maine students. It has been trading scheme, and for other purposes. EC–7923. A communication from the Direc- said that an education at the Univer- The message further announced that tor of the Regulatory Management Division, sity of Maine at Orono is not complete the House has passed the following Environmental Protection Agency, transmit- without sampling a pizza from Pat’s. bills, in which it requests the concur- ting, pursuant to law, the report of a rule en- Pat’s Pizza is known for its sauce, de- rence of the Senate: titled ‘‘Residues of Fatty Acids, Tall-Oil, veloped by the founder, which gives its Ethoxylated Propoxylated; Tolerance Ex- H.R. 6371. An act to amend title 40, United emption’’ (FRL No. 9365–4) received during pizza a distinct home-grown flavor. The States Code, to transfer certain functions adjournment of Senate in the Office of the dough is made fresh daily, delivering from the General Accountability Office to President of the Senate on October 31, 2012; customers the same authentic taste in the Department of Labor relating to the to the Committee on Agriculture, Nutrition, every location. Pat’s Pizza Old Port of- processing of claims for the payment of and Forestry. fers the same great Pat’s taste and all workers who were not paid appropriate EC–7924. A communication from the Direc- wages under certain provisions of such title. tor of the Regulatory Management Division, of the amenities Mainers and their H.R. 6586. An act to extend the application families have come to enjoy. Environmental Protection Agency, transmit- of certain space launch liability provisions ting, pursuant to law, the report of a rule en- While Pat’s Pizza Old Port provides through 2014. titled ‘‘Calcium Gluconate; Exemption from Chris the opportunity to be a success- The message also announced that the Requirement of a Tolerance’’ (FRL No. ful business owner, he has not forgot- pursuant to section 1238(b)(3) of the 9362–4) received during adjournment of Sen- ten his former comrades and finds time Floyd D. Spence National Defense Au- ate in the Office of the President of the Sen- to reach out to veterans. Chris under- thorization Act for Fiscal Year 2001 (22 ate on October 31, 2012; to the Committee on Agriculture, Nutrition, and Forestry. stands the challenges that await cur- U.S.C. 7002), as amended by division P EC–7925. A communication from the Direc- rent veterans as they transition from of the Consolidated Appropriations tor of the Policy Issuances Division, Food the military into civilian life. He is the Resolution, 2003 (22 U.S.C. 6901), the Safety and Inspection Service, Department chairman of the new Portland Veterans Minority Leader re-appoints the fol- of Agriculture, transmitting, pursuant to Network, a Portland Regional Chamber lowing member on the part of the law, the report of a rule entitled ‘‘Additional of Commerce program. The network of- House of Representatives to the United Changes to the Schedule of Operations Regu- fers free career assistance to veterans States-China Economic and Security lations’’ (RIN0583–AD48) received during ad- Review Commission: Mr. Michael journment of the Senate in the Office of the of Operation Iraqi Freedom and Oper- President of the Senate on October 24, 2012; ation Enduring Freedom, including Wessel of Falls Church, Virginia. to the Committee on Agriculture, Nutrition, mentoring, wellness services, resume and Forestry. writing and interview skills training, At 4:30 p.m., a message from the EC–7926. A communication from the Assist- and chamber membership. At its heart, House of Representatives, delivered by ant Secretary of Defense (Reserve Affairs), the program consists of pairing 50 Mrs. Cole, one of its reading clerks, an- transmitting, pursuant to law, a report rel- Portland-area veterans with business nounced that the House agrees to the ative to a proposed change by the Air Force Reserve to the Fiscal Year 2011 National leaders who will act as mentors, intro- amendment of the Senate to the bill (H.R. 2606) to authorize the Secretary Guard and Reserve Equipment Appropriation ducing the veterans at networking (NGREA) procurement; to the Committee on events and guiding them in their job of the Interior to allow the construc- tion and operation of natural gas pipe- Armed Services. search. EC–7927. A communication from the Attor- line facilities in the Gateway National I applaud Chris and Jen Tyll for dem- ney, Legal Division, Bureau of Consumer Fi- Recreation Area, and for other pur- nancial Protection, transmitting, pursuant onstrating the leadership and can-do poses. to law, the report of a rule entitled ‘‘Elec- attitude that are truly a reflection of f tronic Fund Transfers (Regulation E); Final the talent and entrepreneurial spirit Rule’’ ((RIN3170–AA15) (Docket No. CFPB– found in my home State of Maine. As MEASURES REFERRED 2011–0009)) received during adjournment of we pay tribute to our servicemembers The following bill was read the first the Senate in the Office of the President of the Senate on Oct 31, 2012; to the Committee on Veterans Day, I offer my gratitude and the second times by unanimous and congratulations to our Nation’s on Banking, Housing, and Urban Affairs. consent, and referred as indicated: EC–7928. A communication from the Attor- veteran-owned small businesses and ex- H.R. 6371. An act to amend title 40, United ney, Legal Division, Bureau of Consumer Fi- tend my best wishes to Chris, Jen, and States Code, to transfer certain functions nancial Protection, transmitting, pursuant Pat’s Pizza Old Port for their contin- from the General Accountability Office to to law, the report of a rule entitled ‘‘Elec- ued growth and success.∑ the Department of Labor relating to the tronic Fund Transfers (Regulation E)’’

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6798 CONGRESSIONAL RECORD — SENATE November 14, 2012 ((RIN3170–AA15) (Docket No. CFPB–2011– 8, 2012; to the Committee on Banking, Hous- (FRL No. 9748–2) received during adjourn- 0009)) received during adjournment of the ing, and Urban Affairs. ment of the Senate in the Office of the Presi- Senate in the Office of the President of the EC–7937. A communication from the Chair- dent of the Senate on October 31, 2012; to the Senate on Oct 31, 2012; to the Committee on man of the Board of Governors, Federal Re- Committee on Environment and Public Banking, Housing, and Urban Affairs. serve System, transmitting, pursuant to law, Works. EC–7929. A communication from the Attor- a report relative to credit availability for EC–7947. A communication from the Direc- ney, Legal Division, Bureau of Consumer Fi- small business; to the Committee on Bank- tor of the Regulatory Management Division, nancial Protection, transmitting, pursuant ing, Housing, and Urban Affairs. Environmental Protection Agency, transmit- to law, the report of a rule entitled ‘‘Defin- EC–7938. A communication from the Presi- ting, pursuant to law, the report of a rule en- ing Larger Participants of the Consumer dent of the United States, transmitting, pur- titled ‘‘Approval and Promulgation of Air Debt Collection Market’’ ((RIN3170–AA30) suant to law, a report on the continuation of Quality Implementation Plans; Michigan; (Docket No. CFPB–2012–0040)) received during the national emergency with respect to the Determination of Attainment of the 1997 An- adjournment of the Senate in the Office of proliferation of weapons of mass destruction nual Fine Particle Standard for the Detroit- the President of the Senate on Oct 31, 2012; that was declared in Executive Order 12938; Ann Arbor Nonattainment Area’’ (FRL No. to the Committee on Banking, Housing, and to the Committee on Banking, Housing, and 9748–8) received during adjournment of the Urban Affairs. Urban Affairs. Senate in the Office of the President of the EC–7930. A communication from the Direc- EC–7939. A communication from the Presi- Senate on October 31, 2012; to the Committee tor of Legislative Affairs, Legal Office, Fed- dent of the United States, transmitting, pur- on Environment and Public Works. eral Deposit Insurance Corporation, trans- suant to law, a report on the continuation of EC–7948. A communication from the Direc- mitting, pursuant to law, the report of a rule the national emergency with respect to tor of the Regulatory Management Division, entitled ‘‘Assessments, Large Bank Pricing’’ Sudan that was declared in Executive Order Environmental Protection Agency, transmit- (RIN3064–AD92) received during adjournment 13067; to the Committee on Banking, Hous- ting, pursuant to law, the report of a rule en- of the Senate in the Office of the President ing, and Urban Affairs. titled ‘‘Approval and Promulgation of Imple- of the Senate on October 26, 2012; to the Com- EC–7940. A communication from the Presi- mentation Plans; Michigan; Detroit-Ann mittee on Banking, Housing, and Urban Af- dent of the United States, transmitting, pur- Arbor Nonattainment Area; Fine Particulate fairs. suant to law, a report on the continuation of Matter 2005 Base Year Emissions Inventory’’ EC–7931. A communication from the Direc- the national emergency with respect to nar- (FRL No. 9748–9) received during adjourn- tor of Legislative Affairs, Legal Office, Fed- cotics traffickers centered in Colombia that ment of the Senate in the Office of the Presi- eral Deposit Insurance Corporation, trans- was declared in Executive Order 12978; to the dent of the Senate on October 31, 2012; to the mitting, pursuant to law, the report of a rule Committee on Banking, Housing, and Urban Committee on Environment and Public entitled ‘‘Annual Stress Test’’ (RIN3064– Affairs. Works. AD91) received during adjournment of the EC–7941. A communication from the Presi- EC–7949. A communication from the Direc- Senate in the Office of the President of the dent of the United States, transmitting, pur- tor of the Regulatory Management Division, Senate on October 26, 2012; to the Committee suant to law, a report on the continuation of Environmental Protection Agency, transmit- on Banking, Housing, and Urban Affairs. the national emergency declared in Execu- ting, pursuant to law, the report of a rule en- EC–7932. A communication from the Direc- tive Order 13413 with respect to blocking the titled ‘‘Significant New Use Rules on Certain tor of Legislative Affairs, Legal Office, Fed- property of persons contributing to the con- Chemical Substances’’ (FRL No. 9366–7) re- eral Deposit Insurance Corporation, trans- flict taking place in the Democratic Repub- ceived during adjournment of the Senate in mitting, pursuant to law, the report of a rule lic of the Congo; to the Committee on Bank- the Office of the President of the Senate on entitled ‘‘Enforcement of Subsidiary and Af- ing, Housing, and Urban Affairs. October 31, 2012; to the Committee on Envi- filiate Contracts by the FDIC as Receiver of EC–7942. A communication from the Dep- ronment and Public Works. a Covered Financial Company’’ (RIN3064– uty Secretary of the Securities and Ex- EC–7950. A communication from the Prin- AD94) received during adjournment of the change Commission, transmitting, pursuant cipal Deputy Assistant Secretary for Fish Senate in the Office of the President of the to law, the report of a rule entitled ‘‘Clear- and Wildlife and Parks, U.S. Fish and Wild- Senate on October 26, 2012; to the Committee ing Agency Standards’’ (RIN3235–AL13) re- life Services, Department of the Interior, on Banking, Housing, and Urban Affairs. ceived during adjournment of the Senate in transmitting, pursuant to law, the report of EC–7933. A communication from the Chief the Office of the President of the Senate on a rule entitled ‘‘Importation, Exportation, Counsel, Federal Emergency Management October 23, 2012; to the Committee on Bank- and Transportation of Wildlife; User Fee Ex- Agency, Department of Homeland Security, ing, Housing, and Urban Affairs. emption Program for Low-Risk Importations transmitting, pursuant to law, the report of EC–7943. A communication from the Assist- and Exportations’’ (RIN1018–AZ18) received a rule entitled ‘‘Final Flood Elevation Deter- ant General Counsel for Legislation, Regula- during adjournment of the Senate in the Of- minations’’ ((44 CFR Part 67) (Docket No. tion and Energy Efficiency, Department of fice of the President of the Senate on No- FEMA–2012–0003)) received during adjourn- Energy, transmitting, pursuant to law, the vember 5, 2012; to the Committee on Environ- ment of the Senate in the Office of the Presi- report of a rule entitled ‘‘Energy Conserva- ment and Public Works. dent of the Senate on November 7, 2012; to tion Program: Test Procedures for Residen- EC–7951. A communication from the Acting the Committee on Banking, Housing, and tial Dishwashers, Dehumidifiers, and Con- Administrator of the General Services Ad- Urban Affairs. ventional Cooking Products’’ (RIN1904–AC01) ministration, transmitting, pursuant to law, EC–7934. A communication from the Regu- received during adjournment of the Senate an alterations in leased space prospectus for latory Specialist, Office of the Comptroller in the Office of the President of the Senate the Southern Maryland U.S. Courthouse in of the Currency, Department of the Treas- on October 31, 2012; to the Committee on En- Greenbelt, Maryland; to the Committee on ury, transmitting, pursuant to law, the re- ergy and Natural Resources. Environment and Public Works. port of a rule entitled ‘‘Rules of Practice and EC–7944. A communication from the Ad- EC–7952. A communication from the Direc- Procedure; Rules of Practice and Procedure ministrator of the U.S. Energy Information tor of Congressional Affairs, Nuclear Regu- in Adjudicatory Proceedings; Civil Money Administration, Department of Energy, latory Commission, transmitting, pursuant Penalty Inflation Adjustments’’ (RIN1557– transmitting, pursuant to law, a report enti- to law, the report of a rule entitled ‘‘Final AD61) received during adjournment of the tled ‘‘The Availability and Price of Petro- Interim Staff Guidance Augmenting Senate in the Office of the President of the leum and Petroleum Products Produced in NUREG–1537, ‘Guidelines for Preparing and Senate on November 7, 2012; to the Com- Countries Other Than Iran’’; to the Com- Reviewing Applications for the Licensing of mittee on Banking, Housing, and Urban Af- mittee on Energy and Natural Resources. Non-Power Reactors,’ Parts 1 and 2, for Li- fairs. EC–7945. A communication from the Direc- censing Radioisotope Production and EC–7935. A communication from the Asso- tor of the Regulatory Management Division, Aqueoous Homogenous Reactors’’ (NUREG– ciate Director, Office of Foreign Assets Con- Environmental Protection Agency, transmit- 1537) received during adjournment of the trol, Department of the Treasury, transmit- ting, pursuant to law, the report of a rule en- Senate in the Office of the President of the ting, pursuant to law, the report of a rule en- titled ‘‘Revisions to the California State Im- Senate on November 5, 2012; to the Com- titled ‘‘Iranian Financial Sanctions Regula- plementation Plan, San Joaquin Valley Uni- mittee on Environment and Public Works. tions; Final Rule’’ (31 CFR Part 561) received fied Air Pollution Control District’’ (FRL EC–7953. A communication from the Assist- during adjournment of the Senate in the Of- No. 9736–9) received during adjournment of ant Secretary of the Army (Civil Works), fice of the President of the Senate on No- the Senate in the Office of the President of transmitting, pursuant to law, a report rel- vember 8, 2012; to the Committee on Bank- the Senate on October 31, 2012; to the Com- ative to the Savannah Harbor Expansion ing, Housing, and Urban Affairs. mittee on Environment and Public Works. Project (SHEP), Georgia and South Carolina; EC–7936. A communication from the Asso- EC–7946. A communication from the Direc- to the Committee on Environment and Pub- ciate Director, Office of Foreign Assets Con- tor of the Regulatory Management Division, lic Works. trol, Department of the Treasury, transmit- Environmental Protection Agency, transmit- EC–7954. A communication from the Chief ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, titled ‘‘Iranian Transactions Regulations; titled ‘‘Approval and Promulgation of Air Internal Revenue Service, Department of the Final Rule’’ (31 CFR Part 560) received dur- Quality Implementation Plans; New Hamp- Treasury, transmitting, pursuant to law, the ing adjournment of the Senate in the Office shire; Reasonably Available Control Tech- report of a rule entitled ‘‘Fringe Benefits of the President of the Senate on November nology for the 1997 8-Hour Ozone Standard’’ Aircraft Valuation Formula’’ (Rev. Rev. Rul.

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6799 2012–27) received during adjournment of the and Human Services, transmitting, pursuant ber 25, 2012; to the Committee on Agri- Senate in the Office of the President of the to law, the report of a rule entitled ‘‘Medi- culture, Nutrition, and Forestry. Senate on October 16, 2012; to the Committee care Program; Home Health Prospective EC–7972. A communication from the Direc- on Finance. Payment System Rate Update for Calendar tor of the Regulatory Management Division, EC–7955. A communication from the Chief Year 2013, Hospice Quality Reporting Re- Environmental Protection Agency, transmit- of the Publications and Regulations Branch, quirements, and Survey and Enforcement ting, pursuant to law, the report of a rule en- Internal Revenue Service, Department of the Requirements for Home Health Agencies’’ titled ‘‘Xylenesulfonic Acid, Sodium Salt; Treasury, transmitting, pursuant to law, the (RIN0938–AR18) received during adjournment Exemption from the Requirement of a Toler- report of a rule entitled ‘‘Update of Weighted of the Senate in the Office of the President ance’’ (FRL No. 9361–3) received during ad- Average Interest Rates, Yield Curves, and of the Senate on November 5, 2012; to the journment of the Senate in the Office of the Segment Rates’’ (Notice 2012–64) received Committee on Finance. President of the Senate on November 8, 2012; during adjournment of the Senate in the Of- EC–7964. A communication from the Chief to the Committee on Agriculture, Nutrition, fice of the President of the Senate on Octo- of the Publications and Regulations Branch, and Forestry. ber 16, 2012; to the Committee on Finance. Internal Revenue Service, Department of the EC–7973. A communication from the Direc- EC–7956. A communication from the Chief Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, of the Publications and Regulations Branch, report of a rule entitled ‘‘Unpaid Losses Dis- Environmental Protection Agency, transmit- Internal Revenue Service, Department of the count Factors and Payment Patterns for ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the 2012’’ (Rev. Proc. 2012–44) received during ad- titled ‘‘Dinotefuran; Pesticide Tolerances for report of a rule entitled ‘‘2012 National Pool’’ journment of the Senate in the Office of the Emergency Exemptions’’ (FRL No. 9366–3) re- (Revenue Procedure 2012–42) received during President of the Senate on November 13, ceived during adjournment of the Senate in adjournment of the Senate in the Office of 2012; to the Committee on Finance. the Office of the President of the Senate on the President of the Senate on October 24, EC–7965. A communication from the Direc- November 8, 2012; to the Committee on Agri- 2012; to the Committee on Finance. tor of the Regulatory Management Division, culture, Nutrition, and Forestry. EC–7957. A communication from the Chief Environmental Protection Agency, transmit- EC–7974. A communication from the Direc- of the Publications and Regulations Branch, ting, pursuant to law, the report of a rule en- tor of Program Development and Regulatory Internal Revenue Service, Department of the titled ‘‘Cyazofamid; Pesticide Tolerances’’ Analysis, Rural Utilities Service, Depart- Treasury, transmitting, pursuant to law, the (FRL No. 9361–8) received in the Office of the ment of Agriculture, transmitting, pursuant report of a rule entitled ‘‘2013 Cost-of-Living President of the Senate on September 20, to law, the report of a rule entitled ‘‘Expan- Adjustments to Certain Tax Items’’ (Rev. 2012; to the Committee on Agriculture, Nu- sion of 911 Access Loans and Loan Guaran- Proc. 2012–41) received during adjournment of trition, and Forestry. tees’’ (RIN0572–AC24) received during ad- the Senate in the Office of the President of EC–7966. A communication from the Direc- journment of the Senate in the Office of the the Senate on October 24, 2012; to the Com- tor of the Regulatory Management Division, President of the Senate on November 2, 2012; mittee on Finance. Environmental Protection Agency, transmit- to the Committee on Agriculture, Nutrition, EC–7958. A communication from the Chief ting, pursuant to law, the report of a rule en- and Forestry. EC–7975. A communication from the Direc- of the Publications and Regulations Branch, titled ‘‘Flumioxazin; Pesticide Tolerance’’ tor of the Policy Issuances Division, Food Internal Revenue Service, Department of the (FRL No. 9358–3) received in the Office of the Safety and Inspection Service, Department Treasury, transmitting, pursuant to law, the President of the Senate on September 20, of Agriculture, transmitting, pursuant to report of a rule entitled ‘‘2012–2013 Special 2012; to the Committee on Agriculture, Nu- law, the report of a rule entitled ‘‘Require- Per Diem Rates’’ (Notice 2012–63) received trition, and Forestry. ments for Official Establishments to Notify during adjournment of the Senate in the Of- EC–7967. A communication from the Direc- FSIS of Adulterated or Misbranded Product, fice of the President of the Senate on Octo- tor of the Regulatory Management Division, Prepare and Maintain Written Recall Proce- ber 23, 2012; to the Committee on Finance. Environmental Protection Agency, transmit- dures, and Document Certain Hazard Anal- EC–7959. A communication from the Chief ting, pursuant to law, the report of a rule en- ysis and Critical Control Point System Plan of the Publications and Regulations Branch, titled ‘‘Fluridone; Pesticide Tolerances for Reassessments’’ (RIN0583–AC34) received dur- Internal Revenue Service, Department of the Emergency Exemptions’’ (FRL No. 9366–8) re- ing adjournment of the Senate in the Office Treasury, transmitting, pursuant to law, the ceived during adjournment of the Senate in of the President of the Senate on November report of a rule entitled ‘‘Joanne Wandry v. the Office of the President of the Senate on 1, 2012; to the Committee on Agriculture, Nu- Commissioner’’ (AOD 2012–05) received dur- November 5, 2012; to the Committee on Agri- trition, and Forestry. ing adjournment of the Senate in the Office culture, Nutrition, and Forestry. EC–7976. A communication from the Sec- of the President of the Senate on November EC–7968. A communication from the Direc- retary of Defense, transmitting, pursuant to 2, 2012; to the Committee on Finance. tor of the Regulatory Management Division, law, a report relative to the retirement of EC–7960. A communication from the Chief Environmental Protection Agency, transmit- Lieutenant General William E. Ward, United of the Publications and Regulations Branch, ting, pursuant to law, the report of a rule en- States Army; to the Committee on Armed Internal Revenue Service, Department of the titled ‘‘Fluazinam; Pesticide Tolerances’’ Services. Treasury, transmitting, pursuant to law, the (FRL No. 9366–6) received during adjourn- EC–7977. A communication from the Under report of a rule entitled ‘‘Cost Segregation ment of the Senate in the Office of the Presi- Secretary of Defense (Comptroller), trans- Audit Techniques Guide—Chapter 8—Elec- dent of the Senate on November 5, 2012; to mitting, pursuant to law, a quarterly report trical Distribution System’’ (LBandI–4–1012– the Committee on Agriculture, Nutrition, entitled, ‘‘Acceptance of Contributions for 012) received during adjournment of the Sen- and Forestry. Defense Programs, Projects, and Activities; ate in the Office of the President of the Sen- EC–7969. A communication from the Direc- Defense Cooperation Account’’; to the Com- ate on November 2, 2012; to the Committee tor of the Regulatory Management Division, mittee on Armed Services. on Finance. Environmental Protection Agency, transmit- EC–7978. A communication from the Chief EC–7961. A communication from the Chief ting, pursuant to law, the report of a rule en- Counsel, Federal Emergency Management of the Publications and Regulations Branch, titled ‘‘Metconazole; Pesticide Tolerances’’ Agency, Department of Homeland Security, Internal Revenue Service, Department of the (FRL No. 9364–8) received during adjourn- transmitting, pursuant to law, the report of Treasury, transmitting, pursuant to law, the ment of the Senate in the Office of the Presi- a rule entitled ‘‘Suspension of Community report of a rule entitled ‘‘Applicable Federal dent of the Senate on November 5, 2012; to Eligibility’’ ((44 CFR Part 64) (Docket No. Rates—November 2012’’ (Rev. Rul. 2012–30) re- the Committee on Agriculture, Nutrition, FEMA–2012–0003)) received during adjourn- ceived during adjournment of the Senate in and Forestry. ment of the Senate in the Office of the Presi- the Office of the President of the Senate on EC–7970. A communication from the Direc- dent of the Senate on November 8, 2012; to October 17, 2012; to the Committee on Fi- tor of the Regulatory Management Division, the Committee on Banking, Housing, and nance. Environmental Protection Agency, transmit- Urban Affairs. EC–7962. A communication from the Pro- ting, pursuant to law, the report of a rule en- EC–7979. A communication from the Presi- gram Manager, Centers for Medicare and titled ‘‘Fluoxastrobin; Pesticide Tolerances’’ dent of the United States, transmitting, pur- Medicaid Services, Department of Health (FRL No. 9365–7) received during adjourn- suant to law, a report on the continuation of and Human Services, transmitting, pursuant ment of the Senate in the Office of the Presi- the national emergency with respect to Iran to law, the report of a rule entitled ‘‘Medi- dent of the Senate on October 23, 2012; to the that was declared in Executive Order 12170 care Program; End-Stage Renal Disease Pro- Committee on Agriculture, Nutrition, and on November 14, 1979; to the Committee on spective Payment System, Quality Incentive Forestry. Banking, Housing, and Urban Affairs. Program, and Bad Debt Reductions for all EC–7971. A communication from the Direc- EC–7980. A communication from the Sec- Medicare Providers’’ (RIN0938–AR13) re- tor of the Regulatory Management Division, retary of the Treasury, transmitting, pursu- ceived during adjournment of the Senate in Environmental Protection Agency, transmit- ant to law, a six-month periodic report on the Office of the President of the Senate on ting, pursuant to law, the report of a rule en- the national emergency with respect to November 5, 2012; to the Committee on Fi- titled ‘‘a-(p-Nonylphenyl)poly(oxypropylene) Syria that was declared in Executive Order nance. block polymer with poly(oxyethylene); Tol- 13338 of May 11, 2004; to the Committee on EC–7963. A communication from the Pro- erance Exemption’’ (FRL No. 9365–3) received Banking, Housing, and Urban Affairs. gram Manager, Centers for Medicare and during adjournment of the Senate in the Of- EC–7981. A communication from the Sec- Medicaid Services, Department of Health fice of the President of the Senate on Octo- retary of Commerce, transmitting, pursuant

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6800 CONGRESSIONAL RECORD — SENATE November 14, 2012 to law, a report relative to the continuation and second times by unanimous con- for the relief of victims of Superstorm of a national emergency declared in Execu- sent, and referred as indicated: Sandy; considered and agreed to. tive Order 13222 with respect to the lapse of By Mr. KERRY: f the Export Administration Act of 1979; to the S. 3627. A bill to amend the Foreign Assist- Committee on Banking, Housing, and Urban ADDITIONAL COSPONSORS ance Act of 1961 to reauthorize the Overseas Affairs. Private Investment Corporation, and for S. 1131 EC–7982. A communication from the Assist- other purposes; to the Committee on Foreign AGAN ant Director for Legislative Affairs, Con- At the request of Mrs. H , the Relations. sumer Financial Protection Bureau, trans- name of the Senator from West Vir- By Mr. BLUNT (for himself, Mr. BROWN mitting, pursuant to law, the Annual Report ginia (Mr. ROCKEFELLER) was added as of Ohio, and Mr. VITTER): of the Consumer Financial Protection Bu- a cosponsor of S. 1131, a bill to author- S. 3628. A bill to amend the Public Health reau Student Loan Ombudsman; to the Com- ize the Secretary of Health and Human Service Act to raise awareness of, and to mittee on Banking, Housing, and Urban Af- educate breast cancer patients anticipating Services, acting through the Director fairs. surgery regarding, the availability and cov- of the Centers for Disease Control and EC–7983. A communication from the Assist- Prevention, to establish and implement ant Secretary, Office of Electricity Delivery erage of breast reconstruction, prostheses, and Energy Reliability, Department of En- and other options; to the Committee on a birth defects prevention, risk reduc- ergy, transmitting, pursuant to law, a report Health, Education, Labor, and Pensions. tion, and public awareness program. By Mr. BEGICH: entitled ‘‘2011/2012 Economic Dispatch and S. 1832 S. 3629. A bill to amend the Alaska Natural Technological Change’’; to the Committee on Gas Pipeline Act to promote the availability At the request of Mr. ENZI, the name Energy and Natural Resources. of the Senator from California (Mrs. EC–7984. A communication from the Direc- of affordable, clean-burning natural gas to FEINSTEIN) was added as a cosponsor of tor of the Sustainability Performance Office, North American markets, and for other pur- Department of Energy, transmitting, pursu- poses; to the Committee on Finance. S. 1832, a bill to restore States’ sov- ant to law, the Uniform Resource Locator By Mr. JOHNSON of Wisconsin (for ereign rights to enforce State and local (URL) for the Department’s Fleet Alter- himself and Mr. KOHL): sales and use tax laws, and for other native Fuel Vehicle Acquisition Report for S. 3630. A bill to designate the facility of purposes. the United States Postal Service located at fiscal year 2008; to the Committee on Energy S. 1872 and Natural Resources. 218 North Milwaukee Street in Waterford, Wisconsin, as the ‘‘Captain Rhett W. Schiller At the request of Mr. CASEY, the f Post Office’’; to the Committee on Homeland names of the Senator from Vermont REPORTS OF COMMITTEES Security and Governmental Affairs. (Mr. SANDERS) and the Senator from Virginia (Mr. WEBB) were added as co- The following reports of committees f sponsors of S. 1872, a bill to amend the were submitted: SUBMISSION OF CONCURRENT AND Internal Revenue Code of 1986 to pro- SENATE RESOLUTIONS By Mr. ROCKEFELLER, from the Com- vide for the tax treatment of ABLE ac- mittee on Commerce, Science, and Transpor- The following concurrent resolutions tation, without amendment: counts established under State pro- S. 1307. A bill to authorize the Secretary of and Senate resolutions were read, and grams for the care of family members Commerce to convey real property, including referred (or acted upon), as indicated: with disabilities, and for other pur- improvements, of the National Oceanic and By Mr. WARNER (for himself and Mr. poses. Atmospheric Administration in Ketchikan, CORNYN): S. 1894 Alaska, and for other purposes (Rept. No. S. Res. 592. A resolution recognizing the re- At the request of Mr. SCHUMER, the 112–239). ligious and historical significance of the fes- By Mr. ROCKEFELLER, from the Com- tival of Diwali; to the Committee on the Ju- name of the Senator from New Jersey mittee on Commerce, Science, and Transpor- diciary. (Mr. MENENDEZ) was added as a cospon- tation, with an amendment in the nature of By Mr. TOOMEY: sor of S. 1894, a bill to deter terrorism, a substitute: S. Res. 593. A resolution expressing the provide justice for victims, and for S. 183. A bill to clarify the applicability of sense of the Senate that the United States other purposes. certain maritime laws with respect to the should leave no member of the Armed Forces S. 2074 blowout and explosion of the mobile offshore unaccounted for in the withdrawal of forces At the request of Mr. CARDIN, the drilling unit Deepwater Horizon. from Afghanistan; to the Committee on S. 692. A bill to improve hurricane pre- Armed Services. name of the Senator from New York paredness by establishing the National Hur- By Mr. MCCAIN (for himself, Mr. GRA- (Mr. SCHUMER) was added as a cospon- ricane Research Initiative, and for other pur- HAM, and Ms. AYOTTE): sor of S. 2074, a bill to amend the Inter- poses. S. Res. 594. A resolution establishing a se- nal Revenue Code of 1986 to expand the S. 911. A bill to establish the sense of Con- lect committee of the Senate to make a rehabilitation credit, and for other pur- gress that Congress should enact, and the thorough and complete investigation of the poses. President should sign, bipartisan legislation facts and circumstances surrounding, and S. 2247 to strengthen public safety and to enhance the response of the United States Govern- wireless communications. ment to, the September 11, 2012, terrorist at- At the request of Mr. LEE, the name S. 1449. A bill to authorize the appropria- tacks against the United States consulate of the Senator from Texas (Mr. COR- tion of funds for highway safety programs and personnel in Benghazi, Libya, and to NYN) was added as a cosponsor of S. and for other purposes. make recommendations to prevent similar 2247, a bill to amend the Federal Re- By Mr. ROCKEFELLER, from the Com- attacks in the future; to the Committee on serve Act to improve the functioning mittee on Commerce, Science, and Transpor- Rules and Administration. and transparency of the Board of Gov- tation, without amendment: By Ms. LANDRIEU (for herself and Mr. S. 1980. A bill to prevent, deter, and elimi- ernors of the Federal Reserve System INHOFE): nate illegal, unreported, and unregulated S. Res. 595. A resolution expressing support and the Federal Open Market Com- fishing through port State measures. for the goals of National Adoption Day and mittee, and for other purposes. S. 2279. A bill to amend the R.M.S. Titanic National Adoption Month by promoting na- S. 3061 Maritime Memorial Act of 1986 to provide ad- tional awareness of adoption and the chil- At the request of Mr. WYDEN, the ditional protection for the R.M.S. Titanic dren awaiting families, celebrating children name of the Senator from Oregon (Mr. and its wreck site, and for other purposes. and families involved in adoption, and en- By Mr. ROCKEFELLER, from the Com- MERKLEY) was added as a cosponsor of couraging the people of the United States to mittee on Commerce, Science, and Transpor- S. 3061, a bill to suspend temporarily secure safety, permanency, and well-being tation, with an amendment in the nature of for all children; to the Committee on Health, the duty on women’s sports bras of a substitute: Education, Labor, and Pensions. stretch fabric with textile or polymer- S. 2388. A bill to reauthorize and amend the By Mr. LAUTENBERG (for himself, based electrodes knit into or attached National Oceanic and Atmospheric Adminis- Mr. RUBIO, Ms. LANDRIEU, Mr. COONS, to the fabric and that incorporate con- tration Commissioned Officer Corps Act of Mr. CARPER, Mr. MENENDEZ, Mrs. 2002, and for other purposes. nectors designed to secure an elec- GILLIBRAND, Mr. BROWN of Ohio, Mr. tronic transmitter that transmits f DURBIN, Mr. LIEBERMAN, Mr. NELSON physiological information from the INTRODUCTION OF BILLS AND of Florida, Mr. REED, Mr. WARNER, electrodes to a compatible monitor. JOINT RESOLUTIONS Mr. WYDEN, Mr. LEAHY, and Mr. ENZI): S. 3062 The following bills and joint resolu- S. Res. 596. A resolution permitting the so- At the request of Mr. WYDEN, the tions were introduced, read the first licitation of donations in Senate buildings name of the Senator from Oregon (Mr.

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STATES SHOULD LEAVE NO fabric with textile or polymer-based S.J. RES. 45 MEMBER OF THE ARMED FORCES UNACCOUNTED FOR IN electrodes knit into or attached to the At the request of Mrs. HUTCHISON, the fabric and that incorporate connectors name of the Senator from Oregon (Mr. THE WITHDRAWAL OF FORCES FROM AFGHANISTAN designed to secure an electronic trans- WYDEN) was added as a cosponsor of mitter that transmits physiological in- S.J. Res. 45, a joint resolution amend- Mr. TOOMEY submitted the fol- formation from the electrodes to a ing title 36, United States Code, to des- lowing resolution; which was referred compatible monitor. ignate June 19 as ‘‘Juneteenth Inde- to the Committee on Armed Services: S. 3227 pendence Day.’’ S. RES. 593 At the request of Mr. NELSON of Flor- AMENDMENT NO. 2874 Whereas the United States is a Nation of ida, the names of the Senator from At the request of Mr. KERRY, the great honor and integrity; North Carolina (Mr. BURR) and the names of the Senator from Vermont Whereas the United States has made a sa- cred promise to members of the Armed Senator from Missouri (Mrs. MCCAS- (Mr. SANDERS), the Senator from Or- Forces who are deployed overseas in defense KILL) were added as cosponsors of S. egon (Mr. MERKLEY) and the Senator 3227, a bill to enable concrete masonry of this country that their sacrifice and serv- from Rhode Island (Mr. REED) were ice will never be forgotten; and products manufacturers and importers added as cosponsors of amendment No. Whereas the United States can never to establish, finance, and carry out a 2874 intended to be proposed to S. 3525, thank the proud members of the Armed coordinated program of research, edu- a bill to protect and enhance opportu- Forces enough for what they do for this cation, and promotion to improve, nities for recreational hunting, fishing, country on a daily basis: Now, therefore, be maintain, and develop markets for con- and shooting, and for other purposes. it crete masonry products. Resolved, That the Senate— f (1) believes that abandoning the search ef- S. 3526 SUBMITTED RESOLUTIONS forts for members of the Armed Forces who At the request of Mr. WICKER, the are missing or captured in the line of duty name of the Senator from Texas (Mr. now or in the future is unacceptable; CORNYN) was added as a cosponsor of S. (2) believes that the United States has a re- 3526, a bill to amend title 10, United SENATE RESOLUTION 592—RECOG- sponsibility to keep the promises made to States Code, to protect the rights of NIZING THE RELIGIOUS AND HIS- members of the Armed Forces who risk their conscience of members of the Armed TORICAL SIGNIFICANCE OF THE lives on a daily basis on behalf of their fellow Forces and chaplains of members of the FESTIVAL OF DIWALI Americans; (3) supports the United States Soldier’s Armed Forces, and for other purposes. Mr. WARNER (for himself and Mr. Creed and the Warrior Ethos, which state S. 3562 CORNYN) submitted the following reso- that ‘‘I will never leave a fallen comrade’’; At the request of Mr. SANDERS, the lution; which was referred to the Com- and names of the Senator from Pennsyl- mittee on the Judiciary: (4) believes that, while the United States is vania (Mr. CASEY) and the Senator S. RES. 592 beginning the strategic withdrawal of forces from Afghanistan, the United States must from Hawaii (Mr. INOUYE) were added Whereas Diwali, a festival of great signifi- continue to fulfill these important promises cance to Indian Americans and South Asian as cosponsors of S. 3562, a bill to reau- to any member of the Armed Forces who is Americans, is celebrated annually by Hindus, thorize and improve the Older Ameri- in a missing status or captured as a result of Sikhs, and Jains throughout India, the cans Act of 1965, and for other pur- service in Afghanistan now or in the future. poses. United States, and the world; Whereas Diwali is a festival of lights that f S. 3565 marks the beginning of the Hindu new year, At the request of Mr. CASEY, the during which celebrants light small oil SENATE RESOLUTION 594—ESTAB- name of the Senator from Vermont lamps, place the lamps around the home, and LISHING A SELECT COMMITTEE (Mr. LEAHY) was added as a cosponsor pray for health, knowledge, peace, wealth, OF THE SENATE TO MAKE THOR- of S. 3565, a bill to eliminate discrimi- and prosperity in the new year; OUGH AND COMPLETE INVES- nation and promote women’s health Whereas the lights symbolize the light of knowledge within the individual that over- TIGATION OF THE FACTS AND and economic security by ensuring rea- whelms the darkness of ignorance, empow- CIRCUMSTANCES SURROUNDING, sonable workplace accommodations for ering each celebrant to do good deeds and AND THE RESPONSE OF THE workers whose ability to perform the show compassion to others; UNITED STATES GOVERNMENT functions of a job are limited by preg- Whereas Diwali falls on the last day of the TO, THE SEPTEMBER 11, 2012, nancy, childbirth, or a related medical last month in the lunar calendar and is cele- TERRORIST ATTACKS AGAINST condition. brated as a day of thanksgiving for the THE UNITED STATES CON- homecoming of the Lord Rama and worship S. 3584 SULATE AND PERSONNEL IN of Lord Ganesha, the remover of obstacles At the request of Mr. PRYOR, the and bestower of blessings, at the beginning BENGHAZI, LIBYA, AND TO MAKE name of the Senator from New Mexico of the new year for many Hindus; RECOMMENDATIONS TO PRE- (Mr. UDALL) was added as a cosponsor Whereas, for Sikhs, Diwali is celebrated as VENT SIMILAR ATTACKS IN THE of S. 3584, a bill to reauthorize the Na- Bandhi Chhor Diwas (The Celebration of FUTURE Freedom), in honor of the release from pris- tional Integrated Drought Information Mr. MCCAIN (for himself, Mr. GRA- System, and for other purposes. on of the sixth guru, Guru Hargobind; and Whereas, for Jains, Diwali marks the anni- HAM, and Ms. AYOTTE) submitted the S. 3598 versary of the attainment of moksha, or lib- following resolution; which was re- At the request of Mr. BLUMENTHAL, eration, by Mahavira, the last of the ferred to the Committee on Rules and the name of the Senator from Rhode Is- Tirthankaras (the great teachers of Jain Administration:

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S. RES. 594 (3) make recommendations to guide execu- SEC. 4. RULES AND PROCEDURES. Whereas, on September 11, 2012, Glen A. tive and legislative changes to policy in (a) GOVERNANCE UNDER STANDING RULES OF Doherty, Tyrone S. Woods, Sean P. Smith, light of such investigations. SENATE.—Except as otherwise specifically and Ambassador J. Christopher Stevens were (b) DUTIES.—The Select Committee is au- provided in this resolution, the investigation murdered during a sophisticated assault on thorized and directed to do everything nec- and hearings conducted by the Select Com- the United States Consulate in Benghazi, essary or appropriate to conduct the inves- mittee shall be governed by the Standing Libya, conducted by a group of militants af- tigations specified in subsection (a). Without Rules of the Senate. filiated with al-Qaeda; restricting in any way the authority con- (b) ADDITIONAL RULES AND PROCEDURES.— Whereas this tragedy has raised many im- ferred on the Select Committee by the pre- The Select Committee may adopt additional portant questions that affect the national se- ceding sentence, the Senate further ex- rules or procedures if the Chair and the Vice curity of the United States and the safety of pressly authorizes and directs the Select Chair of the Select Committee agree, or if Americans who serve our country abroad; Committee to investigate the facts and cir- the Select Committee by majority vote so Whereas Congress has an unique and essen- cumstances surrounding the September 11, decides, that such additional rules or proce- tial responsibility under the Constitution to 2012, terrorist attacks on the United States dures are necessary or advisable to enable conduct oversight of the Executive Branch; consulate and personnel in Benghazi, Libya, the Select Committee to conduct the inves- Whereas more than two months have and report on such investigation, regarding tigation and hearings authorized by this res- passed since the tragic deaths of these four the following matters, including, where ap- olution. Any such additional rules and proce- Americans in Benghazi, and many essential plicable, the adequacy of such matters: dures— questions remain unanswered; (1) The intelligence assessments and other (1) shall not be inconsistent with this reso- Whereas Members of Congress have sent threat reporting that preceded the attacks. lution or the Standing Rules of the Senate; numerous letters to senior Executive Branch (2) The security measures and manpower and officials requesting information on the decisions taken to protect United States per- (2) shall become effective upon publication events of September 11, 2012, most of which sonnel in Benghazi before the attacks. in the Congressional Record. have not been answered; (3) The United States military force pos- Whereas the Executive Branch has not ture in the region at the time of the attacks SEC. 5. AUTHORITY OF SELECT COMMITTEE. been forthcoming in providing answers to and the resulting ability of the United (a) IN GENERAL.—The Select Committee the many questions that have emerged re- States Armed Forces to respond in the event may exercise all of the powers and respon- garding those events; of such attacks. sibilities of a committee under rule XXVI of Whereas the failures that led to the deaths (4) United States intelligence assets avail- the Standing Rules of the Senate. of four Americans traverse multiple Execu- able in the region at the time of the attacks (b) POWERS.—The Select Committee or, at tive Branch agencies and come under the ju- and their ability to respond or assist the its direction, any subcommittee or member risdiction of a number of Senate committees, United States consulate and personnel in the of the Select Committee, may, for the pur- including the Committee on Armed Services, event of such attacks. pose of carrying out this resolution— the Committee on Foreign Relations, the (5) The response of United States Govern- (1) hold hearings; Committee on Homeland Security and Gov- ment officials once the attacks began. (2) administer oaths; ernmental Affairs, the Committee on the Ju- (6) The public characterization by the Ex- (3) sit and act at any time or place during diciary, and the Select Committee on Intel- ecutive Branch of the attacks in the days the sessions, recess, and adjournment periods ligence; and weeks that followed the attacks. of the Senate; Whereas several different committees of (7) United States intelligence and intel- (4) authorize and require, by issuance of jurisdiction in both the Senate and the ligence-sharing during the attacks. subpoena or otherwise, the attendance and House of Representatives are currently hold- (8) Lessons learned from the attacks. testimony of witnesses and the preservation ing briefings and hearings to analyze narrow (9) Actions to prevent a recurrence of such and production of books, records, cor- aspects of the overall failure in Benghazi be- attacks. respondence, memoranda, papers, docu- fore, during, and after the attacks; SEC. 3. COMPOSITION OF SELECT COMMITTEE. ments, tapes, and any other materials in Whereas the death of four Americans in (a) MEMBERSHIP.— whatever form the Select Committee con- Benghazi was the result of a whole-of-gov- (1) IN GENERAL.—The Select Committee siders advisable; ernment failure, and any solution to prevent shall consist of eight members of the Senate (5) take testimony, orally, by sworn state- such events from happening again will need of whom— ment, by sworn written interrogatory, or by to be holistic and comprehensive, cutting (A) four members shall be appointed by the deposition, and authorize staff members to across agency jurisdictions and jurisdictions majority leader of the Senate; and do the same; and of committees of Congress; (B) four members shall be appointed by the (6) issue letters rogatory and requests, Whereas a full and independent accounting minority leader of the Senate. through appropriate channels, for any other of the failures in Benghazi and the develop- (2) DATE.—The appointments of the mem- means of international assistance. ment of a comprehensive solution to prevent bers of the Select Committee shall be made (c) AUTHORIZATION, ISSUANCE, AND EN- such tragedies in the future require the es- not later than 30 days after the date of the FORCEMENT OF SUBPOENAS.— tablishment of a temporary Select Com- adoption of this resolution. (1) AUTHORIZATION AND ISSUANCE.—Sub- mittee in the Senate; (b) VACANCIES.—Any vacancy in the Select poenas authorized and issued under this sec- Whereas many other important investiga- Committee shall not affect its powers, but tion— tions have been conducted in the past shall be filled in the same manner as the (A) may be done— through the creation of a select committee original appointment. (i) with the joint concurrence of the Chair of the Senate for a specific purpose and a set (c) SERVICE.—Service of a Senator as a and the Vice Chair of the Select Committee; time; and member, Chair, or Vice Chair of the Select or Whereas the American people deserve Committee shall not be taken into account (ii) by a majority vote of the Committee; straight answers to the many questions that for the purposes of paragraph (4) of rule XXV (B) shall bear the signature of the Chair or have been raised about the terrorist attacks of the Standing Rules of the Senate. the Vice Chair or the designee of the Chair in Benghazi and what actions should be (d) CHAIR AND VICE CHAIR.—The Chair of or the Vice Chair; and taken to prevent similar attacks in the fu- the Select Committee shall be designated by (C) shall be served by any person or class of ture: Now, therefore, be it Resolved, That the majority leader of the Senate, and the persons designated by the Chair or the Vice Vice Chair of the Select Committee shall be Chair for that purpose anywhere within or SECTION 1. SELECT COMMITTEE ON INVESTIGA- TION OF THE SEPTEMBER 11, 2012, designated by the minority leader of the without the borders of the United States to TERRORIST ATTACKS IN BENGHAZI, Senate. the full extent provided by law. LIBYA. (e) QUORUM.— (2) ENFORCEMENT.—The Select Committee There is established a select committee of (1) REPORTS AND RECOMMENDATIONS.—A ma- may make to the Senate by report or resolu- the Senate to be known as the Select Com- jority of the members of the Select Com- tion any recommendation, including a rec- mittee on Investigation of the September 11, mittee shall constitute a quorum for the pur- ommendation for criminal or civil enforce- 2012, Terrorist Attacks in Benghazi, Libya pose of reporting a matter or recommenda- ment, that the Select Committee considers (in this resolution referred to as the ‘‘Select tion to the Senate. appropriate with respect to— Committee’’). (2) TESTIMONY.—One member of the Select (A) the failure or refusal of any person to SEC. 2. PURPOSE AND DUTIES. Committee shall constitute a quorum for the appear at a hearing or deposition or to (a) PURPOSE.—The purpose of the Select purpose of taking testimony. produce or preserve documents or materials Committee is to— (3) OTHER BUSINESS.—A majority of the described in subsection (b)(4) in obedience to (1) investigate the facts and circumstances members of the Select Committee, or 1/3 of a subpoena or order of the Select Committee; surrounding the September 11, 2012, terrorist the members of the Select Committee if at (B) the failure or refusal of any person to attacks on the United States consulate and least one member of the minority party is answer questions truthfully and completely personnel in Benghazi, Libya; present, shall constitute a quorum for the during the person’s appearance as a witness (2) investigate the response of the United purpose of conducting any other business of at a hearing or deposition of the Select Com- States Government to those attacks; and the Select Committee. mittee; or

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6803 (C) the failure or refusal of any person to its responsibilities, duties, or functions about the attacks that took the lives comply with any subpoena or order issued under this resolution. of four brave Americans and that went under the authority of subsection (b). (e) DETAIL OF EMPLOYEES.—The Select on for 7 hours, for which we were to- (d) AVOIDANCE OF DUPLICATION.— Committee may use on a reimbursable basis, tally unprepared. (1) IN GENERAL.—To expedite the investiga- with the prior consent of the head of the de- Four brave Americans died. It has tion, avoid duplication, and promote effi- partment or agency of Government con- ciency under this resolution, the Select cerned and the approval of the Committee on now been 8 weeks. The American peo- Committee shall seek to— Rules and Administration of the Senate, the ple have received nothing but con- (A) confer with other investigations into services of personnel of such department or tradictory statements from all levels the matters set forth in section 2(a); and agency. of our government. (B) access all information and materials (f) TEMPORARY AND INTERMITTENT SERV- One of the more salient events oc- acquired or developed in such other inves- ICES.—The Select Committee may procure curred 5 days after, when clearly it had tigations. the temporary or intermittent services of in- been identified as an al-Qaida-affiliated (2) ACCESS TO INFORMATION AND MATE- dividual consultants, or organizations there- terrorist attack. The United Nations RIALS.—The Select Committee shall have, to of. Ambassador, at the direction of the the fullest extent permitted by law, access to (g) PAYMENT OF EXPENSES.—There shall be any such information or materials obtained paid out of the applicable accounts of the White House, went on all the Sunday by any other governmental department, Senate such sums as may be necessary for talk shows to allege that this was a agency, or body investigating the matters the expenses of the Select Committee. Such spontaneous demonstration triggered set forth in section 2(a). payments shall be made on vouchers signed by a hateful video, as did our Secretary SEC. 6. REPORTS. by the Chair of the Select Committee and ap- of State, as did, most regrettably, the (a) INITIAL REPORT.—The Select Committee proved in the manner directed by the Com- President of the United States. shall submit to the Senate a report on the mittee on Rules and Administration of the The American people deserve the investigation conducted pursuant to section Senate. Amounts made available under this facts. The American people need to subsection shall be expended in accordance 2 not later than five months after the ap- know why the security at the con- pointment of all of the members of the Se- with regulations prescribed by the Com- lect Committee. mittee on Rules and Administration of the sulate was so inadequate despite two (b) FINAL REPORT.—The Select Committee Senate. previous attacks on that facility, in- shall submit to the Senate a final report on SEC. 8. EFFECTIVE DATE; TERMINATION. cluding an assassination attempt on such investigation not later than 10 months (a) EFFECTIVE DATE.—This resolution shall the British Ambassador. What did the after the appointment of all of the members take effect on the date of the adoption of President know, when did he know it, of the Select Committee. this resolution. and what did he do about it? Did the (c) ADDITIONAL REPORTS.—The Select Com- (b) TERMINATION.—The Select Committee President’s national security staff mittee may submit to the Senate any addi- shall terminate two months after the sub- make him aware of these attacks and, tional report or reports that the Select Com- mittal of the report required by section 6(b). mittee considers appropriate. if they did, why did he not take the Mr. MCCAIN. I thank the Presiding (d) FINDINGS AND RECOMMENDATIONS.—The lead? What actions, if any, were taken reports under this section shall include find- Officer. to respond to a classified cable that ings and recommendations of the Select This resolution calls for the estab- was sent from our Embassy in Libya to Committee regarding the matters considered lishment of a select committee of the the State Department on August 16, under section 2. Senate to make a thorough and com- weeks before the September 11 attack, (e) DISPOSITION OF REPORTS.—All reports plete investigation of the facts and cir- stating there were numerous armed made by the Select Committee shall be sub- cumstances surrounding the response groups in Benghazi that posed a threat mitted to the Secretary of the Senate. All of the United States Government to reports made by the Select Committee shall to American interests, and that the be referred to the committee or committees the September 11, 2012, terrorist at- consulate in Benghazi could not sur- that have jurisdiction over the subject mat- tacks against the United States con- vive a sustained attack such as the one ter of the report. sulate and personnel in Benghazi, that eventually occurred a month later SEC. 7. ADMINISTRATIVE PROVISIONS. Libya, and to make recommendations at the hands of one of these militia (a) STAFF.— to prevent similar attacks in the fu- groups which was al-Qaida-affiliated? (1) IN GENERAL.—The Select Committee ture. I send the resolution to the desk What actions, if any, did the Secretary may employ in accordance with paragraph in behalf of myself, Senator GRAHAM of of State take in response to these re- (2) a staff composed of such clerical, inves- South Carolina, and Senator AYOTTE of peated warnings? tigatory, legal, technical, and other per- New Hampshire. I saw Christopher Stevens in Tripoli sonnel as the Select Committee, or the Chair Before I go into the need for this se- and the Vice Chair of the Select Committee, on July 7. He told me of his security considers necessary or appropriate. lect committee—and there clearly is a concerns then. The Senator from South (2) APPOINTMENT OF STAFF.—The staff of need because there is a huge credibility Carolina and others wrote an article in the Select Committee shall consist of such gap amongst the American people be- the Wall Street Journal talking about personnel as the Chair and the Vice Chair cause of the now going on 8 weeks of the need for security, the problems shall jointly appoint. Such staff may be re- contradictory reports, contradictory that the nascent Libyan Government moved jointly by the Chair and the Vice statements, beginning with the Presi- was having. Obviously, those were ig- Chair, and shall work under the joint general dent of the United States. The Presi- nored. supervision and direction of the Chair and dent of the United States, on the day of Why were repeated requests for the Vice Chair. September 12, went to the Rose Garden (b) COMPENSATION.—The Chair and the Vice greater security in Libya turned down Chair of the Select Committee shall jointly and stated that he opposed terrorist at- by officials at the State Department? fix the compensation of all personnel of the tacks. Then, that evening, as we found On the anniversary of the worst ter- staff of the Select Committee. out after the election via an interview rorist attack in American history and (c) REIMBURSEMENT OF EXPENSES.—The Se- with ‘‘60 Minutes,’’ the President stat- after multiple attacks this year on our lect Committee may reimburse the members ed—and I will provide the quotes for consulate in Benghazi and other west- of its staff for travel, subsistence, and other the record: ‘‘We don’t know who was ern interests there, why were U.S. necessary expenses incurred by such staff responsible for these attacks.’’ So he members in the performance of their func- Armed Forces in the region not ready— tions for the Select Committee. went from condemning terrorist at- not ready—and positioned to respond (d) SERVICES OF SENATE STAFF.—The Select tacks to saying to Mr. Croft of ‘‘60 Min- to what was clearly a foreseeable emer- Committee may use, with the prior consent utes’’ that he didn’t know who was re- gency? of the chair of any other committee of the sponsible, and then in the days fol- The fight went on for 7 hours. Why Senate or the chair of any subcommittee of lowing, in various venues, whether did senior administration officials seek any committee of the Senate, the facilities they be late night talk shows or the to blame a spontaneous demonstration of any other committee of the Senate, or the United Nations, the President went on when there was no spontaneous dem- services of any members of the staff of such to allege that this was a hideous video onstration, which they were seeing in committee or subcommittee, whenever the Select Committee or the Chair or the Vice that triggered a spontaneous dem- real-time, which the surveillance cam- Chair of the Select Committee considers onstration. Not true. Not true. The eras within and without our consulate that such action is necessary or appropriate President of the United States did not clearly indicated? Why is it that any- to enable the Select Committee to carry out tell the American people the truth one, including our Ambassador to the

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6804 CONGRESSIONAL RECORD — SENATE November 14, 2012 United Nations, would believe that Mr. GRAHAM. Mr. President, I am I think the process we are engaging spontaneous demonstrations are com- very grateful to engage. Here is the re- in today is going to lead to uncoordi- posed of people with mortars, with quest of the body: Benghazi needs to be nated fact-finding and pieces of the rocket-propelled grenades and heavy investigated. We need to find out what puzzle will never be put together be- weapons? No one believes that. Why did happened so it never happens again. We cause we are not talking and working President Obama insist that he labeled have four Americans killed, the first together. I think we are going to let events in Benghazi an act of terrorism Ambassador killed in the line of duty families down. The process we are en- on September 12 when we know now—I in 33 years. That is worthy of our time. gaging in today will not get to the repeat, we know now—that in an inter- DIANNE FEINSTEIN is doing a very good truth. view with ‘‘60 Minutes’’ on the same job with SAXBY CHAMBLISS on the intel Mr. MCCAIN. Will the Senator yield day he explicitly refused to charac- side. General Petraeus must testify. I for a question? terize the attack in this way and he think Secretary Clinton must testify. Mr. GRAHAM. Yes. then spent nearly 2 weeks putting the Here is the problem that I have with Mr. MCCAIN. One of the most salient points of this whole scenario was 5 emphasis on a spontaneous protest to a the approach we are taking. Armed days after the attack when the Ambas- hateful video, including in his address services need to ask DOD: How could sador of the United Nations went on all to the United Nations on September 25? you not come to the aid of the con- We need a select committee. Ameri- sulate for almost 8 hours on September the Sunday talk shows to allege that cans deserve to know. The families of 11, of all days? The State Department this was a spontaneous demonstration those slain and murdered Americans needs to be asked: Why did you deny triggered by a hateful video. Those need to know. And why in the world additional security requests that had talking points the Ambassador used the administration or our friends on been made for months, and could you didn’t come from the CIA, it is my un- derstanding; they came from the White the other side of the aisle or anyone not see this coming? And the CIA needs House. Who in the White House—was it would resist the appointment of a se- to be asked a lot of questions also. the President of the United States, was lect committee I do not know. We have A select committee where we have it one of his people—who was it that to have a select committee. The people members of intel, foreign relations, gave her talking points that clearly in- of the United States deserve it and the and armed services listening to all dicated something for which there was families of those murdered deserve it. three agencies explain themselves I no basis in fact, certainly not after 5 They deserve answers. For 8 weeks think is essential to get to the truth. I days? Did the President ask about this now, they have not gotten the answers. will not know what General Petraeus situation? Did the President of the The only credible way of getting those says in the intel committee, and I want to get to ask him questions. There will United States say, Wait a minute, is answers is with a select committee. she going out there, when right after, Today I understand that the Presi- be people on the intel committee who on the program I was on, ‘‘Face The dent of the United States took some will not be able to ask Secretary Pa- Nation,’’ the President and the Libya umbrage at statements Senator netta, General Hammond, and others national assembly came on right after AYOTTE, Senator GRAHAM, and I have about the DOD piece. This is a failure and said this is an al-Qaida attack, this made concerning this issue. We believe on many fronts and I think the best is a terrorist attack, and then for days whoever it is must be held responsible, thing for the Senate to do is have a bi- afterwards, the President of the United I say to the President of the United partisan select committee where we States goes out—including the United combine the resources of all three of States. Most importantly, the Presi- Nations—saying that this was a hateful the committees that have jurisdiction dent of the United States, who is Com- video that triggered a flash mob. None over different pieces, and create a pro- mander in Chief, who so far, in my of this has a shred of credibility. view, has not exercised those respon- fessional approach to solving the prob- So when we talk about the need for a sibilities and has not informed the lem. It will be run by our Democratic select committee, when the White American people of the facts—this colleagues because they are in charge House is responsible for these talking President and this administration have of the body, and should be. points, if they were, then that covers There have been times in the past— either been guilty of colossal incom- all of the different oversight commit- Iran Contra and other examples—of petence or engaged in a coverup, nei- tees that we have in the U.S. Senate. ther of which is acceptable to the where committees combined their re- Mr. GRAHAM. I will turn this over to American people. sources to make sure they fully under- the Senator from New Hampshire, but If it appears that I feel strongly stood what was being said. If we stove- my response would be as follows: There about this issue, I speak with the fami- pipe this and one committee goes one is a news article coming from some- lies, I believe, of those who were mur- way and the other committee goes an- where within the State Department dered. I speak as a friend of Chris- other way, we are not going to get the suggesting the CIA was responsible for topher Stevens. I speak as a person complete picture of what happened in consulate security because this mostly who knows something about warfare. I Benghazi. That is what we are asking, was a CIA operation. But there is an speak with some authority that this that the minority leader and majority article coming out of the CIA corners attack clearly could have been pre- leader create a select committee of the basically saying: We responded very vented if the facts on the ground had three committees that have primary quickly and efficiently to the attack. been taken into consideration, includ- jurisdiction over each moving part so Here is my problem. If you do not ing the ample warnings—including the we can get to the bottom of this. have a select committee listening to warnings that were sent on August 16— Here is why it is important: There all the stories, it is pretty hard to put stating that the consulate could not are a lot of conspiracy theories going the puzzle together. My response would successfully resist a concentrated at- around on the Internet, and I wish to be, why did the people in the State De- tack by al-Qaida-affiliated groups. be able to say that is just not so be- partment assigned to Benghazi ask for That alone convinces me, and I believe cause here is what we found. There are support from the State Department if most Americans when they find out, a lot of accusations being made against this was, in fact, a CIA responsibility? that the actions to prevent these mur- people I know and like. I wish to be I want to hear the State Department ders were clearly insufficient, if not to- able to say this accusation is un- explain that. In a news article, you are tally incompetent. founded. If unfortunately there is some trying to create the impression that I see the Senator from South Caro- accountability to be had by somebody I ‘‘we are a secondary player.’’ That lina is here to join me as well as the like, I can say here is why we had to do would be news to every State Depart- Senator from New Hampshire. I ask it. It would help us all to go to the pub- ment official in Libya because they unanimous consent to engage in a col- lic and say we did this together and in were asking the State Department for loquy with both the Senator from a professional and logical way and here security. South Carolina and the Senator from are the results of our work product, so I wish to challenge the CIA’s nar- New Hampshire. we can get Benghazi behind us and rative of what they did and how they The PRESIDING OFFICER. Without move forward. Until we do that, I think did it. But I want to hear the complete objection, it is so ordered. we are failing the American people. story.

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6805 The Senator from New Hampshire picture and recommendations makes in Chief, is the most responsible. I hope has been an attorney general pros- sense, and it is a way for us to answer the President has no illusions about ecuting cases, and I wish to get her these important questions for the our view of his responsibility, which I input into how efficient she thinks it American people and, of course, the believe is that of the American people would be for three committees to do families of those who lost their loved as well. their own investigations, never talk to ones in Benghazi. So we need this select committee. each other in a coordinated fashion, Finally, I would say, with respect to There is no credibility left because of have a stovepipe investigation versus a my colleague from Arizona, Senator all the conflicting stories that have coordinated, one-body-listening-to-ev- MCCAIN, today the President did say come out and the different rumors and erybody approach? that with respect to Ambassador Susan different statements and contradictory Ms. AYOTTE. I would answer the Rice on the Sunday shows, that she did statements and finger pointing. The Senator from South Carolina by saying that on behalf of the White House. American people deserve answers, not if we do not establish a select com- Well, one of the questions that needs to only because of those who were mur- mittee and bring everyone together, be answered is, within hours there were dered, but to make sure that a tragedy what you can envision is an incomplete e-mails sent to the White House from like this never happens again. story from each. the State Department that explained I repeat, everybody has their respon- First of all, we know that CIA that a terrorist group, Ansar al-Sharia, sibilities. We have ours. The President sources put out a timeline for the CIA. was taking responsibility for this at- has his. And we intend to pursue this You have the State Department talk- tack. So I think a question that needs until the American people have the an- ing about prior security requests and to be answered is, why then would the swers they deserve and they have con- their view on it and e-mails that they Ambassador to the U.N. on behalf of fidence that these kinds of mistakes sent on it. And then you have the De- the White House, 5 days after the at- will never be repeated. We take that partment of Defense talking about put- tack—even though this e-mail went to very seriously, and we have some dis- ting out another timeline. Where you the White House within hours stating agreement when it is called ‘‘picking are left is: No investigation would be that a terrorist group is taking respon- on someone.’’ conducted in that way, from your most sibility—go on every major news sta- f basic incident to this, which is, of tion and say this was a spontaneous re- course, where four brave Americans action to a video? She expressly said: SENATE RESOLUTION 595—EX- were murdered during what appears to This was not a preplanned or premedi- PRESSING SUPPORT FOR THE be a terrorist attack. tated attack. Why was that done? GOALS OF NATIONAL ADOPTION So how are we then going to follow I think those are important ques- DAY AND NATIONAL ADOPTION up to make sure we get the complete tions that need to be addressed by this MONTH BY PROMOTING NA- picture for the American people to committee as well because, clearly, TIONAL AWARENESS OF ADOP- make sure it does not happen again, so this was not what happened. It was a TION AND THE CHILDREN we can understand what went wrong, misstatement of what occurred, and we AWAITING FAMILIES, CELE- and so we can understand what lessons need to understand why that was done. BRATING CHILDREN AND FAMI- we need to learn from this? The American people deserve answers LIES INVOLVED IN ADOPTION, But if each committee—the Senate when you have four brave Americans AND ENCOURAGING THE PEOPLE Foreign Relations Committee deals who were murdered in a terrorist at- OF THE UNITED STATES TO SE- with the State Department piece and tack. CURE SAFETY, PERMANENCY, the Senate Armed Services Committee Mr. MCCAIN. I only have one addi- AND WELL-BEING FOR ALL CHIL- deals with the Armed Services piece— tional comment, and that is, I under- DREN meaning, why was the greatest mili- stand at the President’s press con- Ms. LANDRIEU (for herself and Mr. tary in the world not in a position to ference today, he said not to, quote, INHOFE) submitted the following reso- respond when the attack occurred over pick on his Ambassador to the United lution; which was referred to the Com- 7 hours?—that is an important question Nations, to, quote, pick on him. That mittee on Health, Education, Labor, that has to be answered in the military statement is really remarkable in that and Pensions: context—and then also thinking about if the President thinks that we are S. RES. 595 the intelligence piece, the intelligence picking on people, he does not have any Whereas there are millions of unparented beforehand about the prior attacks— idea of how serious this issue is. I am children in the world, including 400,540 chil- what was happening at the annex? a U.S. Senator. The Senator from New dren in the foster care system in the United What response, what information was Hampshire is. We have our obligations. States, approximately 104,000 of whom are provided?—also to the President, in We have our duties representing the waiting for families to adopt them; terms of the prior attacks, so that he people who sent us here, and we are not Whereas 59 percent of the children in foster could be informed to make sure that picking on anybody. I doubt if the fam- care in the United States are age 10 or the consulate was protected, and why ilies of these brave Americans who younger; was the consulate not protected? Whereas the average length of time a child were murdered would believe we are, spends in foster care is approximately 2 If we conduct this separately we will quote, picking on anyone, that when years; not have a full picture for the Amer- we are trying to find out the facts, the Whereas for many foster children, the wait ican people in order to make sure that American people deserve to know the for a loving family in which they are nur- we take the lessons learned so that this facts. tured, comforted, and protected seems end- does not happen again. We saw that. We cannot ever let this happen again. less; That is why we had a post 9/11 Commis- We cannot let a security situation Whereas in 2011, nearly 26,000 youth ‘‘aged sion, because many agencies were in- evolve that our lives are in danger. We out’’ of foster care by reaching adulthood volved in wanting to get to the bottom cannot ignore recommendations. We without being placed in a permanent home; Whereas every day, loving and nurturing of it. This is so important with four cannot not have sufficient military families are strengthened and expanded when brave Americans who have been killed. available on a September 11, where we committed and dedicated individuals make So many more questions are raised know that tensions are incredibly high. an important difference in the life of a child than there are answers right now. The American people are owed an ex- through adoption; Most of all, we need to make sure planation, and it is our duty to try to Whereas a 2007 survey conducted by the that the complete picture of facts get that explanation for them. And if Dave Thomas Foundation for Adoption dem- comes forward. As the Senator from someone carried a message to the onstrated that though ‘‘Americans over- South Carolina said, many people have American people that was totally and whelmingly support the concept of adoption, very different impressions about this, and in particular foster care adoption . . . utterly false with no basis in fact, then foster care adoptions have not increased sig- and there are a lot of conspiracy theo- that person also has to be held ac- nificantly over the past five years’’; ries. So a full bipartisan committee countable as well. Whereas while 4 in 10 Americans have con- that has full jurisdiction over every But first and foremost, the President sidered adoption, a majority of Americans area of this to come up with a complete of the United States, the Commander have misperceptions about the process of

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6806 CONGRESSIONAL RECORD — SENATE November 14, 2012 adopting children from foster care and the (2) a Senator, officer of the Senate, or em- SA 2906. Mr. HATCH submitted an amend- children who are eligible for adoption; ployee of the Senate may work with a non- ment intended to be proposed to amendment Whereas 71 percent of those who have con- profit organization with respect to the deliv- SA 2875 proposed by Mr. REID (for Mr. sidered adoption consider adopting children ery of donations described in paragraph (1). TESTER) to the bill S. 3525, supra; which was from foster care above other forms of adop- f ordered to lie on the table. tion; SA 2907. Mr. HATCH submitted an amend- Whereas 45 percent of Americans believe AMENDMENTS SUBMITTED AND ment intended to be proposed to amendment that children enter the foster care system PROPOSED SA 2875 proposed by Mr. REID (for Mr. because of juvenile delinquency, when in re- SA 2890. Mrs. GILLIBRAND submitted an TESTER) to the bill S. 3525, supra; which was ality the vast majority of children who have amendment intended to be proposed by her ordered to lie on the table. SA 2908. Mr. HATCH submitted an amend- entered the foster care system were victims to the bill S. 3525, to protect and enhance op- ment intended to be proposed to amendment of neglect, abandonment, or abuse; portunities for recreational hunting, fishing, SA 2875 proposed by Mr. REID (for Mr. Whereas 46 percent of Americans believe and shooting, and for other purposes; which TESTER) to the bill S. 3525, supra; which was that foster care adoption is expensive, when was ordered to lie on the table. in reality there is no substantial cost for SA 2891. Mr. BENNET submitted an ordered to lie on the table. adopting from foster care and financial sup- amendment intended to be proposed to SA 2909. Mr. HATCH submitted an amend- ment intended to be proposed to amendment port is available to adoptive parents after amendment SA 2875 proposed by Mr. REID SA 2875 proposed by Mr. REID (for Mr. the adoption is finalized; (for Mr. TESTER) to the bill S. 3525, supra; Whereas family reunification, kinship which was ordered to lie on the table. TESTER) to the bill S. 3525, supra; which was care, and domestic and inter-county adop- SA 2892. Mr. LEE submitted an amendment ordered to lie on the table. tion promote permanency and stability to a intended to be proposed to amendment SA SA 2910. Mr. HATCH submitted an amend- far greater degree than long-term institu- 2875 proposed by Mr. REID (for Mr. TESTER) ment intended to be proposed to amendment tionalization and long-term, often disrupted to the bill S. 3525, supra; which was ordered SA 2875 proposed by Mr. REID (for Mr. foster care; to lie on the table. TESTER) to the bill S. 3525, supra; which was Whereas both National Adoption Day and SA 2893. Mr. LEE (for himself and Mr. ordered to lie on the table. National Adoption Month occur in the MCCAIN) submitted an amendment intended SA 2911. Mr. HATCH submitted an amend- month of November; to be proposed to amendment SA 2875 pro- ment intended to be proposed to amendment Whereas National Adoption Day is a collec- posed by Mr. REID (for Mr. TESTER) to the SA 2875 proposed by Mr. REID (for Mr. tive national effort to find permanent, loving bill S. 3525, supra; which was ordered to lie TESTER) to the bill S. 3525, supra; which was families for children in the foster care sys- on the table. ordered to lie on the table. tem; SA 2894. Mr. LEE submitted an amendment SA 2912. Mr. LAUTENBERG submitted an Whereas since the first National Adoption intended to be proposed to amendment SA amendment intended to be proposed by him Day in 2000, nearly 40,000 children have 2875 proposed by Mr. REID (for Mr. TESTER) to the bill S. 3525, supra; which was ordered joined forever families during National to the bill S. 3525, supra; which was ordered to lie on the table. Adoption Day; to lie on the table. SA 2913. Mr. LAUTENBERG submitted an Whereas in 2011, a total of 365 events were SA 2895. Mr. LEE submitted an amendment amendment intended to be proposed by him held in 47 States and the District of Colum- intended to be proposed to amendment SA to the bill S. 3525, supra; which was ordered bia, finalizing the adoptions of 4,187 children 2875 proposed by Mr. REID (for Mr. TESTER) to lie on the table. from foster care and celebrating an addi- to the bill S. 3525, supra; which was ordered SA 2914. Mr. COBURN (for himself, Mr. tional 1,030 adoptions finalized during No- to lie on the table. WEBB, Mr. WICKER, Mr. INHOFE, Mr. ROBERTS, vember or earlier in the year; and SA 2896. Mr. CARDIN submitted an amend- Mr. BLUNT, Mr. ENZI, Mr. BOOZMAN, Mr. Whereas the President traditionally issues ment intended to be proposed to amendment BURR, Mr. CRAPO, Mr. HATCH, and Ms. COL- an annual proclamation to declare the SA 2875 proposed by Mr. REID (for Mr. LINS) submitted an amendment intended to month of November as National Adoption TESTER) to the bill S. 3525, supra; which was be proposed by him to the bill S. 3525, supra; Month, and National Adoption Day is on No- ordered to lie on the table. which was ordered to lie on the table. vember 17, 2012: Now, therefore, be it SA 2897. Mr. CARDIN submitted an amend- SA 2915. Mr. COBURN submitted an Resolved, That the Senate— ment intended to be proposed to amendment amendment intended to be proposed by him (1) supports the goals and ideals of Na- SA 2875 proposed by Mr. REID (for Mr. to the bill S. 3525, supra; which was ordered tional Adoption Day and National Adoption TESTER) to the bill S. 3525, supra; which was to lie on the table. Month; ordered to lie on the table. SA 2916. Mr. COBURN submitted an amend- (2) recognizes that every child should have SA 2898. Mr. CARDIN submitted an amend- ment intended to be proposed to amendment a permanent and loving family; and ment intended to be proposed to amendment SA 2875 proposed by Mr. REID (for Mr. (3) encourages the people of the United SA 2875 proposed by Mr. REID (for Mr. TESTER) to the bill S. 3525, supra; which was States to consider adoption during the TESTER) to the bill S. 3525, supra; which was ordered to lie on the table. month of November and all throughout the ordered to lie on the table. SA 2917. Mr. COBURN submitted an year. SA 2899. Mr. CARDIN submitted an amend- amendment intended to be proposed by him ment intended to be proposed by him to the to the bill S. 3525, supra; which was ordered f bill S. 3525, supra; which was ordered to lie to lie on the table. SENATE RESOLUTION 596—PERMIT- on the table. SA 2918. Mr. COBURN (for himself and Mr. SA 2900. Mr. CARDIN submitted an amend- TING THE SOLICITATION OF DO- BOOZMAN) submitted an amendment intended ment intended to be proposed to amendment to be proposed by him to the bill S. 3525, NATIONS IN SENATE BUILDINGS SA 2875 proposed by Mr. REID (for Mr. supra; which was ordered to lie on the table. FOR THE RELIEF OF VICTIMS OF TESTER) to the bill S. 3525, supra; which was SA 2919. Ms. MURKOWSKI submitted an SUPERSTORM SANDY ordered to lie on the table. amendment intended to be proposed to SA 2901. Mrs. BOXER submitted an amend- Mr. LAUTENBERG (for himself, Mr. amendment SA 2875 proposed by Mr. REID ment intended to be proposed by her to the (for Mr. TESTER) to the bill S. 3525, supra; RUBIO, Ms. LANDRIEU, Mr. COONS, Mr. bill S. 3525, supra; which was ordered to lie which was ordered to lie on the table. CARPER, Mr. MENENDEZ, Mrs. GILLI- on the table. SA 2920. Ms. SNOWE submitted an amend- BRAND, Mr. BROWN of Ohio, Mr. DURBIN, SA 2902. Mrs. BOXER submitted an amend- ment intended to be proposed by her to the Mr. LIEBERMAN, Mr. NELSON of Florida, ment intended to be proposed to amendment bill S. 3525, supra; which was ordered to lie Mr. REED, Mr. WARNER, Mr. WYDEN, SA 2875 proposed by Mr. REID (for Mr. on the table. Mr. LEAHY, and Mr. ENZI) submitted TESTER) to the bill S. 3525, supra; which was SA 2921. Mr. PRYOR (for himself and Mr. ordered to lie on the table. BOOZMAN) submitted an amendment intended the following resolution; which was SA 2903. Ms. LANDRIEU submitted an considered and agreed to: to be proposed by him to the bill S. 3525, amendment intended to be proposed to supra; which was ordered to lie on the table. Resolved, amendment SA 2875 proposed by Mr. REID SA 2922. Mr. PRYOR (for himself and Mr. SECTION 1. SOLICITATION FOR SUPERSTORM (for Mr. TESTER) to the bill S. 3525, supra; BOOZMAN) submitted an amendment intended SANDY RELIEF. which was ordered to lie on the table. to be proposed to amendment SA 2875 pro- Notwithstanding any other provision of SA 2904. Mr. HATCH submitted an amend- posed by Mr. REID (for Mr. TESTER) to the the rules or regulations of the Senate— ment intended to be proposed to amendment bill S. 3525, supra; which was ordered to lie (1) a Senator, officer of the Senate, or em- SA 2875 proposed by Mr. REID (for Mr. on the table. ployee of the Senate may solicit another TESTER) to the bill S. 3525, supra; which was Senator, officer of the Senate, or employee ordered to lie on the table. f of the Senate within Senate buildings for SA 2905. Mr. HATCH submitted an amend- TEXT OF AMENDMENTS nonmonetary donations for the relief of vic- ment intended to be proposed to amendment tims of Superstorm Sandy during the 30-day SA 2875 proposed by Mr. REID (for Mr. SA 2890. Mrs. GILLIBRAND sub- period beginning on the date on which the TESTER) to the bill S. 3525, supra; which was mitted an amendment intended to be Senate agrees to this resolution; and ordered to lie on the table. proposed by her to the bill S. 3525, to

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Mr. LEE (for himself and amendment intended to be proposed to TITLE III—NATIONAL HERITAGE AREA Mr. MCCAIN submitted an amendment amendment SA 2875 proposed by Mr. REAUTHORIZATION intended to be proposed to amendment REID (for Mr. TESTER) to the bill S. SEC. 301. REAUTHORIZATION OF HUDSON RIVER SA 2875 proposed by Mr. REID (for Mr. 3525, to protect and enhance opportuni- VALLEY NATIONAL HERITAGE AREA. TESTER) to the bill S. 3525, to protect ties for recreational hunting, fishing, Section 910 of the Hudson River Valley Na- and enhance opportunities for rec- and shooting, and for other purposes; tional Heritage Area Act of 1996 (16 U.S.C. 461 reational hunting, fishing, and shoot- which was ordered to lie on the table; note; Public Law 104–333) is amended by as follows: striking ‘‘2012’’ and inserting ‘‘2022’’. ing, and for other purposes; which was ordered to lie on the table; as follows: Strike section 246. SA 2891. Mr. BENNET submitted an At the end, add the following: SA 2895. Mr. LEE submitted an amendment intended to be proposed to TITLE III—FEDERAL LAND DESIGNATIONS amendment intended to be proposed to amendment SA 2875 proposed by Mr. SEC. 301. SALE OF CERTAIN FEDERAL LAND PRE- amendment SA 2875 proposed by Mr. VIOUSLY IDENTIFIED AS SUITABLE REID (for Mr. TESTER) to the bill S. REID (for Mr. TESTER) to the bill S. FOR DISPOSAL. 3525, to protect and enhance opportuni- 3525, to protect and enhance opportuni- ties for recreational hunting, fishing, (a) DEFINITIONS.—In this section: (1) IDENTIFIED FEDERAL LANDS.—The term ties for recreational hunting, fishing, and shooting, and for other purposes; ‘‘identified Federal lands’’ means the parcels and shooting, and for other purposes; which was ordered to lie on the table; of Federal land under the administrative ju- which was ordered to lie on the table; as follows: risdiction of the Secretary that were identi- as follows: Strike section 103 and insert the following: fied as suitable for disposal in the report sub- Strike section 245. SEC. 103. TRANSPORTING BOWS THROUGH NA- mitted to Congress by the Secretary on May TIONAL PARKS. 27, 1997, pursuant to section 390(g) of the Fed- SA 2896. Mr. CARDIN submitted an (a) FINDINGS.—Congress finds that— eral Agriculture Improvement and Reform amendment intended to be proposed to (1) bowhunters are known worldwide as Act of 1996 (Public Law 104–127; 110 Stat. amendment SA 2875 proposed by Mr. among the most skilled, ethical, and con- 1024), except the following: REID (for Mr. TESTER) to the bill S. servation-minded of all hunters; (A) Lands not identified for disposal in the 3525, to protect and enhance opportuni- (2) bowhunting organizations at the Fed- applicable land use plan. ties for recreational hunting, fishing, eral, State, and local level contribute signifi- (B) Lands subject to a Recreation and Pub- lic Purpose conveyance application. and shooting, and for other purposes; cant financial and human resources to wild- which was ordered to lie on the table; life conservation and youth education pro- (C) Lands identified for State selection. grams throughout the United States; and (D) Lands identified for Indian tribe allot- as follows: (3) bowhunting contributes $38,000,000,000 ments. At the end of the bill, add the following: each year to the economy of the United (E) Lands identified for local government TITLE III—NATIONAL HISTORICAL PARKS States. use. SEC. 301. HARRIET TUBMAN UNDERGROUND (b) POSSESSION OF BOWS IN UNITS OF NA- (F) Lands that the Secretary chooses to RAILROAD NATIONAL HISTORICAL TIONAL PARK SYSTEM.— dispose under the Federal Land Transaction PARK, MARYLAND. (1) IN GENERAL.—Subject to paragraph (2), Facilitation Act (43 U.S.C. 2301 et seq.). (a) DEFINITIONS.—In this section: the Secretary of the Interior shall issue a (G) Lands that are segregated for exchange (1) HISTORICAL PARK.—The term ‘‘historical permit to individuals carrying bows and or under agreements for exchange. park’’ means the Harriet Tubman Under- crossbows to traverse National Park System (H) Lands subject to exchange as author- ground Railroad National Historical Park es- land if— ized or directed by Congress. tablished by subsection (b)(1)(A). (A) the traverse is— (I) Lands that the Secretary determines (2) MAP.—The term ‘‘map’’ means the map (i) for the sole purpose of hunting on adja- contain significant impediments for disposal entitled ‘‘Authorized Acquisition Area for cent public or private land during a legally including— the Proposed Harriet Tubman Underground established hunting season; and (i) high disposal costs; Railroad National Historical Park’’, num- (ii) the most direct means of access to the (ii) the presence of significant natural or bered T20/80,001, and dated July 2010. adjacent land; and cultural resources; (3) SECRETARY.—The term ‘‘Secretary’’ (B) the individual possesses a valid hunting (iii) land survey problems or title conflicts; means the Secretary of the Interior. permit for adjacent public or private land. (iv) habitat for threatened or endangered (4) STATE.—The term ‘‘State’’ means the (2) USE.—Nothing in this section author- species; and State of Maryland. izes the use of the bows or crossbows that are (v) mineral leases and mining claims. (b) HARRIET TUBMAN UNDERGROUND RAIL- being carried while on National Park System (2) SECRETARY.—The term ‘‘Secretary’’ ROAD NATIONAL HISTORICAL PARK.— land. means the Secretary of the Interior. (1) ESTABLISHMENT.— (b) COMPETITIVE SALE OF LANDS.—The Sec- (A) IN GENERAL.—Subject to subparagraph SA 2892. Mr. LEE submitted an retary shall offer the identified Federal (B), there is established the Harriet Tubman amendment intended to be proposed to lands for disposal by competitive sale for not Underground Railroad National Historical Park in Caroline, Dorchester, and Talbot amendment SA 2875 proposed by Mr. less than fair market value as determined by an independent appraiser. Counties, Maryland, as a unit of the Na- REID (for Mr. TESTER) to the bill S. (c) EXISTING RIGHTS.—The sale of identified tional Park System. 3525, to protect and enhance opportuni- Federal lands under this section shall be sub- (B) DETERMINATION BY SECRETARY.—The ties for recreational hunting, fishing, ject to valid existing rights. historical park shall not be established until and shooting, and for other purposes; (d) PROCEEDS OF SALE OF LANDS.—All net the date on which the Secretary determines which was ordered to lie on the table; proceeds from the sale of identified Federal that a sufficient quantity of land, or inter- as follows: lands under this section shall be deposited ests in land, has been acquired to constitute directly into the Treasury for reduction of a manageable park unit. At the end, add the following: the public debt. (C) NOTICE.—Not later than 30 days after TITLE III—FEDERAL LAND DESIGNATIONS (e) REPORT.—Not later than 4 years after the date on which the Secretary makes a de- SEC. 301. STATE APPROVAL REQUIRED FOR FED- the date of enactment of this Act, the Sec- termination under subparagraph (B), the ERAL LAND DESIGNATIONS. retary shall submit to the Committee on Secretary shall publish in the Federal Reg- (a) DEFINITION OF COVERED UNIT.—In this Natural Resources of the House of Rep- ister notice of the establishment of the his- section, the term ‘‘covered unit’’ means— resentatives and the Committee on Energy torical park, including an official boundary (1) a unit of the National Forest System, and Natural Resources of the Senate— map for the historical park. National Park System, National Wildlife (1) a list of any identified Federal lands (D) AVAILABILITY OF MAP.—The official Refuge System, National Wild and Scenic that have not been sold under subsection (b) boundary map published under subparagraph Rivers System, National Trails System, Na- and the reasons such lands were not sold; and (C) shall be on file and available for public tional Wilderness Preservation System, or (2) an update of the report submitted to inspection in appropriate offices of the Na- any other system established by Federal law; Congress by the Secretary on May 27, 1997, tional Park Service. (2) a national monument; or pursuant to section 390(g) of the Federal Ag- (2) PURPOSE.—The purpose of the historical (3) any national conservation or national riculture Improvement and Reform Act of park is to preserve and interpret for the ben- recreation area. 1996 (Public Law 104–127; 110 Stat. 1024), in- efit of present and future generations the

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historical, cultural, and natural resources (2) CONSULTATION.—The general manage- the historical park in Auburn, New York, re- associated with the life of Harriet Tubman ment plan shall be prepared in consultation lating to the life of Harriet Tubman. and the Underground Railroad. with the State (including political subdivi- (3) COOPERATIVE AGREEMENTS.— (3) LAND ACQUISITION.— sions of the State). (A) IN GENERAL.—The Secretary may enter (A) IN GENERAL.—The Secretary may ac- (3) COORDINATION.—The Secretary shall co- into a cooperative agreement with the owner quire land and interests in land within the ordinate the preparation and implementa- of any land within the historical park to areas depicted on the map as ‘‘Authorized tion of the management plan with— mark, interpret, or restore nationally sig- Acquisition Areas’’ by purchase from willing (A) the Blackwater National Wildlife Ref- nificant historic or cultural resources relat- sellers, donation, or exchange. uge; ing to the life of Harriet Tubman, if the (B) BOUNDARY ADJUSTMENT.—On acquisi- (B) the Harriet Tubman National Histor- agreement provides that— tion of land or an interest in land under sub- ical Park established by section 302(b)(1)(A); (i) the Secretary shall have the right of ac- paragraph (A), the boundary of the historical and cess to any public portions of the land cov- park shall be adjusted to reflect the acquisi- (C) the National Underground Railroad ered by the agreement to allow for— tion. Network to Freedom. (I) access at reasonable times by historical (c) ADMINISTRATION.— (e) AUTHORIZATION OF APPROPRIATIONS.— park visitors to the land; and (1) IN GENERAL.—The Secretary shall ad- There are authorized to be appropriated such (II) interpretation of the land for the pub- minister the historical park in accordance sums as are necessary to carry out this sec- lic; and with this section and the laws generally ap- tion. (ii) no changes or alterations shall be made plicable to units of the National Park Sys- to the land except by mutual agreement of tem, including— SEC. 302. HARRIET TUBMAN NATIONAL HISTOR- ICAL PARK, AUBURN, NEW YORK. the Secretary and the owner of the land. (A) the National Park System Organic Act (a) DEFINITIONS.—In this section: (B) RESEARCH.—The Secretary may enter (16 U.S.C. 1 et seq.); and (1) HISTORICAL PARK.—The term ‘‘historical into a cooperative agreement with the State, (B) the Act of August 21, 1935 (16 U.S.C. 461 political subdivisions of the State, institu- et seq.). park’’ means the Harriet Tubman National Historical Park established by subsection tions of higher education, the Home and (2) INTERAGENCY AGREEMENT.—Not later other nonprofit organizations, and individ- than 1 year after the date on which the his- (b)(1)(A). (2) HOME.—The term ‘‘Home’’ means The uals to conduct research relating to the life torical park is established, the Director of of Harriet Tubman. the National Park Service and the Director Harriet Tubman Home, Inc., located in Au- (C) COST-SHARING REQUIREMENT.— of the United States Fish and Wildlife Serv- burn, New York. (i) FEDERAL SHARE.—The Federal share of ice shall enter into an agreement to allow (3) MAP.—The term ‘‘map’’ means the map the total cost of any activity carried out the National Park Service to provide for entitled ‘‘Harriet Tubman National Histor- under this paragraph shall not exceed 50 per- public interpretation of historic resources ical Park’’, numbered T18/80,000, and dated cent. located within the boundary of the March 2009. (ii) FORM OF NON-FEDERAL SHARE.—The Blackwater National Wildlife Refuge that (4) SECRETARY.—The term ‘‘Secretary’’ non-Federal share may be in the form of in- are associated with the life of Harriet Tub- means the Secretary of the Interior. kind contributions or goods or services fairly man, consistent with the management re- (5) STATE.—The term ‘‘State’’ means the valued. quirements of the Refuge. State of New York. (D) ATTORNEY GENERAL.— (3) INTERPRETIVE TOURS.—The Secretary (b) HARRIET TUBMAN NATIONAL HISTORICAL N GENERAL.—The Secretary shall sub- may provide interpretive tours to sites and PARK.— (i) I resources located outside the boundary of (1) ESTABLISHMENT.— mit to the Attorney General for review any the historical park in Caroline, Dorchester, (A) IN GENERAL.—Subject to subparagraph cooperative agreement under this paragraph and Talbot Counties, Maryland, relating to (B), there is established the Harriet Tubman involving religious property or property the life of Harriet Tubman and the Under- National Historical Park in Auburn, New owned by a religious institution. ground Railroad. York, as a unit of the National Park System. (ii) FINDING.—No cooperative agreement (4) COOPERATIVE AGREEMENTS.— (B) DETERMINATION BY SECRETARY.—The subject to review under this subparagraph (A) IN GENERAL.—The Secretary may enter historical park shall not be established until shall take effect until the date on which the into a cooperative agreement with the State, the date on which the Secretary determines Attorney General issues a finding that the political subdivisions of the State, colleges that a sufficient quantity of land, or inter- proposed agreement does not violate the Es- and universities, non-profit organizations, ests in land, has been acquired to constitute tablishment Clause of the first amendment and individuals— a manageable park unit. to the Constitution. (i) to mark, interpret, and restore nation- (C) NOTICE.—Not later than 30 days after (d) GENERAL MANAGEMENT PLAN.— ally significant historic or cultural resources the date on which the Secretary makes a de- (1) IN GENERAL.—Not later than 3 years relating to the life of Harriet Tubman or the termination under subparagraph (B), the after the date on which funds are made avail- Underground Railroad within the boundaries Secretary shall publish in the Federal Reg- able to carry out this section, the Secretary of the historical park, if the agreement pro- ister notice of the establishment of the his- shall prepare a general management plan for vides for reasonable public access; or torical park. the historical park in accordance with sec- (ii) to conduct research relating to the life (D) MAP.—The map shall be on file and tion 12(b) of the National Park Service Gen- of Harriet Tubman and the Underground available for public inspection in appropriate eral Authorities Act (16 U.S.C. 1a–7(b)). Railroad. offices of the National Park Service. (2) COORDINATION.—The Secretary shall co- (B) VISITOR CENTER.—The Secretary may (2) BOUNDARY.—The historical park shall ordinate the preparation and implementa- enter into a cooperative agreement with the include the Harriet Tubman Home, the Tub- tion of the management plan with— State to design, construct, operate, and man Home for the Aged, the Thompson Me- (A) the Harriet Tubman Underground Rail- maintain a joint visitor center on land morial AME Zion Church and Rectory, and road National Historical Park established by owned by the State— associated land, as identified in the area en- section 301(b)(1); and (i) to provide for National Park Service titled ‘‘National Historical Park Proposed (B) the National Underground Railroad visitor and interpretive facilities for the his- Boundary’’ on the map. Network to Freedom. torical park; and (3) PURPOSE.—The purpose of the historical (e) AUTHORIZATION OF APPROPRIATIONS.— (ii) to provide to the Secretary, at no addi- park is to preserve and interpret for the ben- There are authorized to be appropriated such tional cost, sufficient office space to admin- efit of present and future generations the ister the historical park. historical, cultural, and natural resources sums as are necessary to carry out this sec- (C) COST-SHARING REQUIREMENT.— associated with the life of Harriet Tubman. tion, except that not more than $7,500,000 (i) FEDERAL SHARE.—The Federal share of (4) LAND ACQUISITION.—The Secretary may shall be available to provide financial assist- the total cost of any activity carried out acquire land and interests in land within the ance under subsection (c)(3). under this paragraph shall not exceed 50 per- areas depicted on the map by purchase from cent. a willing seller, donation, or exchange. (ii) FORM OF NON-FEDERAL SHARE.—The (c) ADMINISTRATION.— SA 2897. Mr. CARDIN submitted an non-Federal share of the cost of carrying out (1) IN GENERAL.—The Secretary shall ad- amendment intended to be proposed to an activity under this paragraph may be in minister the historical park in accordance amendment SA 2875 proposed by Mr. the form of in-kind contributions or goods or with this section and the laws generally ap- REID (for Mr. TESTER) to the bill S. services fairly valued. plicable to units of the National Park Sys- 3525, to protect and enhance opportuni- (d) GENERAL MANAGEMENT PLAN.— tem, including— (1) IN GENERAL.—Not later than 3 years (A) the National Park System Organic Act ties for recreational hunting, fishing, after the date on which funds are made avail- (16 U.S.C. 1 et seq.); and and shooting, and for other purposes; able to carry out this section, the Secretary (B) the Act of August 21, 1935 (16 U.S.C. 461 which was ordered to lie on the table; shall prepare a general management plan for et seq.). as follows: the historical park in accordance with sec- (2) INTERPRETIVE TOURS.—The Secretary tion 12(b) of the National Park Service Gen- may provide interpretive tours to sites and At the end of subtitle D of title II, add the eral Authorities Act (16 U.S.C. 1a–7(b)). resources located outside the boundary of following:

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SEC. 2ll. CHESAPEAKE AND OHIO CANAL NA- (d) EVALUATION OF WATER RESOURCES RE- (B) a treatment works (as defined in sec- TIONAL HISTORICAL PARK COMMIS- SEARCH PROGRAM.—Section 104 of the Water tion 212 of the Federal Water Pollution Con- SION. Resources Research Act of 1984 (42 U.S.C. trol Act (33 U.S.C. 1292)), including a munic- Section 6(g) of the Chesapeake and Ohio 10303) is amended by striking subsection (e) ipal separate storm sewer system (as such Canal Development Act (16 U.S.C. 410y–4(g)) and inserting the following: term is used in that Act (33 U.S.C. 1251 et is amended by striking ‘‘40’’ and inserting ‘‘(e) EVALUATION OF WATER RESOURCES RE- seq.)); ‘‘50’’. SEARCH PROGRAM.— (C) a decentralized wastewater treatment ‘‘(1) IN GENERAL.—The Secretary shall con- system for domestic sewage; SA 2898. Mr. CARDIN submitted an duct a careful and detailed evaluation of (D) a groundwater storage and replenish- amendment intended to be proposed to each institute at least once every 5 years to ment system; amendment SA 2875 proposed by Mr. determine— (E) a system for transport and delivery of REID (for Mr. TESTER) to the bill S. ‘‘(A) the quality and relevance of the water water for irrigation or conservation; or 3525, to protect and enhance opportuni- resources research of the institute; (F) a natural or engineered system that ties for recreational hunting, fishing, ‘‘(B) the effectiveness of the institute at manages floodwater. producing measured results and applied and shooting, and for other purposes; water supply research; and SEC. 302. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY. which was ordered to lie on the table; ‘‘(C) whether the effectiveness of the insti- as follows: tute as an institution for planning, con- (a) PROGRAM.—The Administrator shall es- At the end of subtitle D of title II, add the ducting, and arranging for research warrants tablish and implement a program, to be following: continued support under this section. known as the ‘‘Water Infrastructure Resil- SEC. 2ll. CHESAPEAKE BAY GATEWAYS AND ‘‘(2) PROHIBITION ON FURTHER SUPPORT.—If, iency and Sustainability Program’’, under WATERTRAILS NETWORK. as a result of an evaluation under paragraph which the Administrator shall award grants Section 502(c) of the Chesapeake Bay Ini- (1), the Secretary determines that an insti- for each of fiscal years 2013 through 2017 to tiative Act of 1998 (16 U.S.C. 461 note; Public tute does not qualify for further support owners or operators of water systems for the Law 105–312) is amended by striking ‘‘fiscal under this section, no further grants to the purpose of increasing the resiliency or adapt- years’’ and all that follows through the pe- institute may be provided until the quali- ability of the water systems to any ongoing riod at the end and inserting ‘‘fiscal years fications of the institute are reestablished to or forecasted changes (based on the best 2013 through 2017.’’. the satisfaction of the Secretary.’’. available research and data) to the hydro- (e) AUTHORIZATION OF APPROPRIATIONS.— logic conditions of a region of the United SA 2899. Mr. CARDIN submitted an Section 104(f)(1) of the Water Resources Re- States. search Act of 1984 (42 U.S.C. 10303(f)(1)) is amendment intended to be proposed by (b) USE OF FUNDS.—As a condition on re- him to the bill S. 3525, to protect and amended by striking ‘‘$12,000,000 for each of ceipt of a grant under this title, an owner or fiscal years 2007 through 2011’’ and inserting operator of a water system shall agree to use enhance opportunities for recreational ‘‘$7,500,000 for each of fiscal years 2012 hunting, fishing, and shooting, and for the grant funds exclusively to assist in the through 2017’’. planning, design, construction, implementa- other purposes; which was ordered to (f) ADDITIONAL APPROPRIATIONS WHERE RE- tion, operation, or maintenance of a program SEARCH FOCUSED ON WATER PROBLEMS OF lie on the table; as follows: or project that meets the purpose described INTERSTATE NATURE.—Section 104(g)(1) of the At the end, add the following: in subsection (a) by— Water Resources Research Act of 1984 (42 SEC. llll. WATER RESOURCES RESEARCH ACT (1) conserving water or enhancing water U.S.C. 10303(g)(1)) is amended by striking AMENDMENTS. use efficiency, including through the use of ‘‘$6,000,000 for each of fiscal years 2007 (a) CONGRESSIONAL FINDINGS AND DECLARA- water metering and electronic sensing and through 2011’’ and inserting ‘‘$1,500,000 for TIONS.—Section 102 of the Water Resources control systems to measure the effectiveness each of fiscal years 2012 through 2017’’. Research Act of 1984 (42 U.S.C. 10301) is of a water efficiency program; amended— SA 2900. Mr. CARDIN submitted an (2) modifying or relocating existing water (1) by redesignating paragraphs (7) through system infrastructure made or projected to (9) as paragraphs (8) through (10), respec- amendment intended to be proposed to be significantly impaired by changing hydro- tively; amendment SA 2875 proposed by Mr. logic conditions; (2) in paragraph (8) (as so redesignated), by REID (for Mr. TESTER) to the bill S. (3) preserving or improving water quality, striking ‘‘and’’ at the end; and 3525, to protect and enhance opportuni- including through measures to manage, re- (3) by inserting after paragraph (6) the fol- ties for recreational hunting, fishing, duce, treat, or reuse municipal stormwater, lowing: and shooting, and for other purposes; wastewater, or drinking water; ‘‘(7) additional research is required into in- which was ordered to lie on the table; (4) investigating, designing, or con- creasing the effectiveness and efficiency of as follows: structing groundwater remediation, recycled new and existing treatment works through water, or desalination facilities or systems alternative approaches, including— At the end, add the following: to serve existing communities; ‘‘(A) nonstructural alternatives; TITLE III—WATER INFRASTRUCTURE (5) enhancing water management by in- ‘‘(B) decentralized approaches; SEC. 301. DEFINITIONS. creasing watershed preservation and protec- ‘‘(C) water use efficiency; and In this title: tion, such as through the use of natural or ‘‘(D) actions to reduce energy consumption (1) ADMINISTRATOR.—The term ‘‘Adminis- engineered green infrastructure in the man- or extract energy from wastewater;’’. trator’’ means the Administrator of the En- agement, conveyance, or treatment of water, (b) CLARIFICATION OF RESEARCH ACTIVI- vironmental Protection Agency. wastewater, or stormwater; TIES.—Section 104(b)(1) of the Water Re- (2) HYDROLOGIC CONDITION.—The term ‘‘hy- (6) enhancing energy efficiency or the use sources Research Act of 1984 (42 U.S.C. drologic condition’’ means the quality, quan- and generation of renewable energy in the 10303(b)(1)) is amended— tity, or reliability of the water resources of management, conveyance, or treatment of (1) in subparagraph (B)(ii), by striking a region of the United States. water, wastewater, or stormwater; ‘‘water-related phenomena’’ and inserting (3) OWNER OR OPERATOR OF A WATER SYS- (7) supporting the adoption and use of ad- ‘‘water resources’’; and TEM.— vanced water treatment, water supply man- (2) in subparagraph (D), by striking the pe- (A) IN GENERAL.—The term ‘‘owner or oper- agement (such as reservoir reoperation and riod at the end and inserting ‘‘; and’’. ator of a water system’’ means an entity (in- water banking), or water demand manage- (c) COMPLIANCE REPORT.—Section 104(c) of cluding a regional, State, tribal, local, mu- ment technologies, projects, or processes the Water Resources Research Act of 1984 (42 nicipal, or private entity) that owns or oper- (such as water reuse and recycling, adaptive U.S.C. 10303(c)) is amended— ates a water system. conservation pricing, and groundwater bank- (1) by striking ‘‘From the’’ and inserting (B) INCLUSIONS.—The term ‘‘owner or oper- ing) that maintain or increase water supply ‘‘(1) IN GENERAL.—From the’’; and ator of a water system’’ includes— or improve water quality; (2) by adding at the end the following: (i) a non-Federal entity that has oper- (8) modifying or replacing existing systems ‘‘(2) REPORT.—Not later than December 31 ational responsibilities for a federally-, trib- or constructing new systems for existing of each fiscal year, the Secretary shall sub- ally-, or State-owned water system; and communities or land that is being used for mit to the Committee on Environment and (ii) an entity established by an agreement agricultural production to improve water Public Works of the Senate, the Committee between— supply, reliability, storage, or conveyance in on the Budget of the Senate, the Committee (I) an entity that owns or operates a water a manner that— on Transportation and Infrastructure of the system; and (A) promotes conservation or improves the House of Representatives, and the Com- (II) at least 1 other entity. efficiency of use of available water supplies; mittee on the Budget of the House of Rep- (4) WATER SYSTEM.—The term ‘‘water sys- and resentatives a report regarding the compli- tem’’ means— (B) does not further exacerbate stresses on ance of each funding recipient with this sub- (A) a community water system (as defined ecosystems or cause redirected impacts by section for the immediately preceding fiscal in section 1401 of the Safe Drinking Water degrading water quality or increasing net year.’’. Act (42 U.S.C. 300f)); greenhouse gas emissions;

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6810 CONGRESSIONAL RECORD — SENATE November 14, 2012 (9) supporting practices and projects, such proaches to meet 1 or more of the following and shooting, and for other purposes; as improved irrigation systems, water bank- goals: which was ordered to lie on the table; ing and other forms of water transactions, (A) Promoting more efficient water use, as follows: groundwater recharge, stormwater capture, water conservation, water reuse, or recy- Strike section 121 and insert the following: groundwater conjunctive use, and reuse or cling. recycling of drainage water, to improve (B) Using decentralized, low-impact devel- SEC. 121. NO REGULATION OF AMMUNITION OR water quality or promote more efficient opment technologies and nonstructural ap- FISHING TACKLE PENDING STUDY OF HEALTH AND ENVIRONMENTAL water use on land that is being used for agri- proaches, including practices that use, en- EFFECTS. cultural production; hance, or mimic the natural hydrological (a) NO REGULATION OF AMMUNITION OR FISH- (10) reducing flood damage, risk, and vul- cycle or protect natural flows. ING TACKLE.—The Administrator of the Envi- nerability by— (C) Reducing stormwater runoff or flooding ronmental Protection Agency shall not issue (A) restoring floodplains, wetland, and up- by protecting or enhancing natural eco- any proposed or final rule or guidance to reg- land integral to flood management, protec- system functions. ulate any chemical substance or mixture in tion, prevention, and response; (D) Modifying, upgrading, enhancing, or re- ammunition or fishing tackle under the (B) modifying levees, floodwalls, and other placing existing water system infrastructure Toxic Substances Control Act (15 U.S.C. 2601 structures through setbacks, notches, gates, in response to changing hydrologic condi- et seq.) during the period beginning on the removal, or similar means to facilitate re- tions. date of enactment of this Act and ending on connection of rivers to floodplains, reduce (E) Improving water quality or quantity the date of the publication of the study re- flood stage height, and reduce damage to for agricultural and municipal uses, includ- quired by subsection (b). properties and populations; ing through salinity reduction. (b) STUDY OF POTENTIAL HUMAN HEALTH (C) providing for acquisition and easement (F) Providing multiple benefits, including AND ENVIRONMENTAL EFFECTS.— of flood-prone land and properties in order to to water supply enhancement or demand re- (1) IN GENERAL.—Not later than December reduce damage to property and risk to popu- duction, water quality protection or im- 31, 2014, the Secretary of Health and Human lations; or provement, increased flood protection, and Services, the Commissioner of Food and (D) promoting land use planning that pre- ecosystem protection or improvement. Drugs, the Administrator of the Environ- vents future floodplain development; (e) COST-SHARING REQUIREMENT.— (11) conducting and completing studies or mental Protection Agency, and the Sec- (1) FEDERAL SHARE.—The share of the cost retary of the Interior shall jointly prepare assessments to project how changing hydro- of any program, strategy, or infrastructure logic conditions may impact the future oper- and publish a study that describes the poten- improvement that is the subject of a grant tial threats to human health (including to ations and sustainability of water systems; awarded by the Administrator to the owner or pregnant women, children, and other vulner- or operator of a water system under sub- able populations) and to the environment (12) developing and implementing measures section (a) paid through funds distributed to increase the resilience of water systems from the use of— under this title shall not exceed 50 percent of (A) lead and toxic substances in ammuni- and regional and hydrological basins, includ- the cost of the program, strategy, or infra- ing the Colorado River Basin, to rapid hydro- tion and fishing tackle; and structure improvement. (B) commercially available and less toxic logic change or a natural disaster (such as (2) CALCULATION OF NON-FEDERAL SHARE.— tsunami, earthquake, flood, or volcanic erup- alternatives to lead and toxic substances in In calculating the non-Federal share of the ammunition and fishing tackle. tion). cost of a program, strategy, or infrastruc- (c) APPLICATION.—To seek a grant under (2) USE.—The Administrator of the Envi- ture improvement proposed by a water sys- this title, the owner or operator of a water ronmental Protection Agency shall use, as tem in an application submitted under sub- system shall submit to the Administrator an appropriate, the findings of the report re- application that— section (c), the Administrator shall— quired by paragraph (1) when considering (1) includes a proposal for the program, (A) include the value of any in-kind serv- any potential future decision related to a strategy, or infrastructure improvement to ices that are integral to the completion of chemical substance or mixture when the sub- be planned, designed, constructed, imple- the program, strategy, or infrastructure im- stance or mixture is used in ammunition or mented, or maintained by the water system; provement, including reasonable administra- fishing tackle. (2) provides the best available research or tive and overhead costs; and data that demonstrate— (B) not include any other amount that the SA 2903. Ms. LANDRIEU submitted (A) the risk to the water resources or in- water system involved receives from the an amendment intended to be proposed frastructure of the water system as a result Federal Government. to amendment SA 2875 proposed by Mr. (f) REPORT TO CONGRESS.—Not later than 3 of ongoing or forecasted changes to the years after the date of enactment of this REID (for Mr. TESTER) to the bill S. hydrological system of a region, including Act, and every 3 years thereafter, the Ad- 3525, to protect and enhance opportuni- rising sea levels and changes in precipitation ministrator shall submit to Congress a re- ties for recreational hunting, fishing, patterns; and port that— (B) the manner in which the proposed pro- and shooting, and for other purposes; (1) describes the progress in implementing gram, strategy, or infrastructure improve- which was ordered to lie on the table; this title; and ment would perform under the anticipated as follows: (2) includes information on project applica- hydrologic conditions; At the end of subtitle A of title I, add the tions received and funded annually under (3) describes the manner in which the pro- following: this title. posed program, strategy, or infrastructure SEC. 1ll. HUNTING IN KISATCHIE NATIONAL SEC. 303. AUTHORIZATION OF APPROPRIATIONS. improvement is expected— FOREST. (a) IN GENERAL.—There is authorized to be (A) to enhance the resiliency of the water (a) IN GENERAL.—Consistent with the elev- system, including source water protection appropriated to carry out this title enth undesignated paragraph under the head- for community water systems, to the antici- $50,000,000 for each of fiscal years 2013 ing ‘‘SURVEYING THE PUBLIC LANDS’’ of pated hydrologic conditions; or through 2017. the Act of June 4, 1897 (16 U.S.C. 551), the (b) REDUCTION OF FLOOD DAMAGE, RISK, AND (B) to increase efficiency in the use of en- Secretary of Agriculture (referred to in this VULNERABILITY.—Of the amount made avail- ergy or water of the water system; and section as the ‘‘Secretary’’) may not impose able to carry out this title for a fiscal year, (4) describes the manner in which the pro- restrictions on the use of dogs in deer hunt- not more than 20 percent may be made avail- posed program, strategy, or infrastructure ing activities in Kisatchie National Forest, able to grantees for activities described in improvement is consistent with an applica- unless the restrictions— section 302(b)(10). ble State, tribal, or local climate adaptation (1) apply to the smallest practicable por- plan, if any. SA 2901. Mrs. BOXER submitted an tions of the unit; and (d) PRIORITY.— amendment intended to be proposed by (2) are necessary to reduce or control tres- (1) WATER SYSTEMS AT GREATEST AND MOST pass onto land adjacent to the unit. IMMEDIATE RISK.—In selecting grantees under her to the bill S. 3525, to protect and (b) PRIOR RESTRICTIONS VOID.—Any restric- this title, subject to section 303(b), the Ad- enhance opportunities for recreational tions regarding the use of dogs in deer hunt- ministrator shall give priority to owners or hunting, fishing, and shooting, and for ing activities in Kisatchie National Forest in operators of water systems that are, based other purposes; which was ordered to force on the date of enactment of this Act on the best available research and data, at lie on the table; as follows: shall be void and have no force or effect. the greatest and most immediate risk of fac- (c) ADJACENT LANDOWNERS.— Strike section 121. ing significant negative impacts due to (1) IN GENERAL.—The owner of land that is changing hydrologic conditions. SA 2902. Mrs. BOXER submitted an adjacent to a unit of the Kisatchie National (2) GOALS.—In selecting among applicants amendment intended to be proposed to Forest may submit to the Secretary a peti- described in paragraph (1), the Administrator tion to restrict the use of dogs in deer hunt- shall ensure that, to the maximum extent amendment SA 2875 proposed by Mr. ing activities that take place on the unit practicable, the final list of applications REID (for Mr. TESTER) to the bill S. that is adjacent to the land. funded for each year includes a substantial 3525, to protect and enhance opportuni- (2) RESTRICTIONS.—If the Secretary re- number that propose to use innovative ap- ties for recreational hunting, fishing, ceives a petition from an adjacent landowner

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6811 under paragraph (2), the Secretary, after no- ceived by the State in consideration for the hereby authorized to relinquish to the tice and opportunity for a hearing, may im- Federal land reconveyed. United States, for the benefit of the Ute In- pose restrictions on the use of dogs in deer dian Tribe of the Uintah and Ouray Reserva- hunting that are— SA 2906. Mr. HATCH submitted an tion, State school trust or other State-owned (A) limited to units of the Kisatchie Na- amendment intended to be proposed to subsurface mineral lands located beneath the tional Forest within 300 yards of the bound- amendment SA 2875 proposed by Mr. surface estate delineated in Public Law 440 ary of the land of the petitioning landowner; REID (for Mr. TESTER) to the bill S. (approved March 11, 1948) and south of the and 3525, to protect and enhance opportuni- (B) consistent with subsection (a). border between Grand County, Utah, and ties for recreational hunting, fishing, Uintah County, Utah, and select in lieu of SA 2904. Mr. HATCH submitted an and shooting, and for other purposes; such relinquished lands, on an acre-for-acre amendment intended to be proposed to which was ordered to lie on the table; basis, any subsurface mineral lands of the amendment SA 2875 proposed by Mr. as follows: United States located beneath the surface es- REID (for Mr. TESTER) to the bill S. At the end, add the following: tate delineated in Public Law 440 (approved 3525, to protect and enhance opportuni- TITLE III—LAND CONVEYANCE March 11, 1948) and north of the border be- ties for recreational hunting, fishing, SEC. 301. DEFINITIONS. tween Grand County, Utah, and Uintah and shooting, and for other purposes; In this title: County, Utah, subject to the following condi- which was ordered to lie on the table; (1) CITY.—The term ‘‘City’’ means the city tions: of Fruit Heights, Utah. as follows: ‘‘(1) RESERVATION BY UNITED STATES.—The (2) MAP.—The term ‘‘map’’ means the map Secretary of the Interior shall reserve an At the end of the bill, add the following: entitled ‘‘Proposed Fruit Heights City Con- overriding interest in that portion of the TITLE III—ENDANGERED OR veyance’’ and dated 2012. mineral estate comprised of minerals subject THREATENED SPECIES (3) NATIONAL FOREST SYSTEM LAND.—The to leasing under the Mineral Leasing Act (30 SEC. 301. REMOVAL OF GRAY WOLF IN THE STATE term ‘‘National Forest System land’’ means U.S.C. 171 et seq) in any mineral lands con- OF UTAH FROM THE LIST OF ENDAN- the approximately 100 acres of National For- veyed to the State. est System land, as depicted on the map. GERED OR THREATENED SPECIES. ‘‘(2) EXTENT OF OVERRIDING INTEREST.—The (a) DEFINITIONS.—In this section: (4) SECRETARY.—The term ‘‘Secretary’’ overriding interest reserved by the United (1) GRAY WOLF.—The term ‘‘gray wolf’’ means the Secretary of Agriculture. States under paragraph (1) shall consist of— means any taxonomic group traditionally as- SEC. 302. CONVEYANCE OF CERTAIN LAND TO ‘‘(A) 50 percent of any bonus bid or other THE CITY OF FRUIT HEIGHTS, UTAH. sociated with the gray wolf, including Canus payment received by the State as consider- (a) IN GENERAL.—The Secretary shall con- lupus baileyi, regardless of specific tax- ation for securing any lease or authorization vey to the City, without consideration, all onomy of any particular gray wolf variety as to develop such mineral resources; right, title, and interest of the United States a species, subspecies, or other designation. ‘‘(B) 50 percent of any rental or other pay- (2) SECRETARY.—The term ‘‘Secretary’’ has in and to the National Forest System land. (b) SURVEY.— ments received by the State as consideration the meaning given the term in section 3 of for the lease or authorization to develop the Endangered Species Act of 1973 (16 U.S.C. (1) IN GENERAL.—If determined by the Sec- retary to be necessary, the exact acreage and such mineral resources; 1532). ‘‘(C) a 6.25 percent overriding royalty on (b) REMOVAL OF GRAY WOLF IN THE STATE legal description of the National Forest Sys- tem land shall be determined by a survey ap- the gross proceeds of oil and gas production OF UTAH FROM THE LIST OF ENDANGERED OR under any lease or authorization to develop THREATENED SPECIES.—Notwithstanding any proved by the Secretary. such oil and gas resources; and other provision of law, not later than 60 days (2) COSTS.—The City shall pay the reason- ‘‘(D) an overriding royalty on the gross after the date of enactment of this section, able survey and other administrative costs proceeds of production of such minerals the Secretary shall promulgate regulations associated with a survey conducted under other than oil and gas, equal to 50 percent of removing from the list of endangered or paragraph (1). the royalty rate established by the Secretary threatened species under section 4(c) of the (c) USE OF NATIONAL FOREST SYSTEM of the Interior by regulation as of October 1, Endangered Species Act of 1973 (16 U.S.C. LAND.—As a condition of the conveyance 2011. 1533(c)) the gray wolf within the borders of under subsection (a), the City shall use the ‘‘(3) RESERVATION BY STATE OF UTAH.—The the State of Utah. National Forest System land only for public purposes. State of Utah shall reserve, for the benefit of SA 2905. Mr. HATCH submitted an (d) REVERSIONARY INTEREST.—In the quit- its State school trust, an overriding interest claim deed to the City for the National For- in that portion of the mineral estate com- amendment intended to be proposed to est System land, the Secretary shall provide prised of minerals subject to leasing under amendment SA 2875 proposed by Mr. that the National Forest System land shall the Mineral Leasing Act (30 U.S.C. 181 et seq) REID (for Mr. TESTER) to the bill S. revert to the Secretary, at the election of in any mineral lands relinquished by the 3525, to protect and enhance opportuni- the Secretary, if the National Forest System State to the United States. ties for recreational hunting, fishing, land is used for other than a public purpose. ‘‘(4) EXTENT OF OVERRIDING INTEREST.—The and shooting, and for other purposes; overriding interest reserved by the State which was ordered to lie on the table; SA 2907. Mr. HATCH submitted an under paragraph (3) shall consist of— as follows: amendment intended to be proposed to ‘‘(A) 50 percent of any bonus bid or other amendment SA 2875 proposed by Mr. payment received by the United States as At the end, add the following: REID (for Mr. TESTER) to the bill S. consideration for securing any lease or au- TITLE III—LAND CONVEYANCE 3525, to protect and enhance opportuni- thorization to develop such mineral re- SEC. 301. DEFINITIONS. ties for recreational hunting, fishing, sources on the relinquished lands; In this title: and shooting, and for other purposes; ‘‘(B) 50 percent of any rental or other pay- (1) FEDERAL LAND.—The term ‘‘Federal which was ordered to lie on the table; ments received by the United States as con- land’’ means any land (including mineral sideration for the lease or authorization to rights) under the jurisdiction of the Sec- as follows: develop such mineral resources; retary in the State, including any public At the end, add the following: ‘‘(C) a 6.25 percent overriding royalty on land in the State (as defined in section 103 of TITLE III—CLARIFICATION OF AUTHOR- the gross proceeds of oil and gas production the Federal Land Policy And Management ITY, UINTAH AND OURAY INDIAN RES- under any lease or authorization to develop Act of 1976 (43 U.S.C. 1702)). ERVATION such oil and gas resources; and (2) SECRETARY.—The term ‘‘Secretary’’ SEC. 301. CLARIFICATION OF AUTHORITY. ‘‘(D) an overriding royalty on the gross means the Secretary of the Interior. The Act entitled ‘‘An Act to define the ex- proceeds of production of such minerals (3) STATE.—The term ‘‘State’’ means the terior boundary of the Uintah and Ouray In- other than oil and gas, equal to 50 percent of state of Utah. dian Reservation in the State of Utah, and the royalty rate established by the Secretary SEC. 302. CONVEYANCE OF FEDERAL LAND TO for other purposes’’, approved March 11, 1948 of the Interior by regulation as of October 1, THE STATE OF UTAH. (62 Stat. 72), as amended by the Act entitled 2011. (a) IN GENERAL.—Not later than December ‘‘An Act to amend the Act extending the ex- ‘‘(5) NO OBLIGATION TO LEASE.—Neither the 31, 2014, the Secretary shall convey to the terior boundary of the Uintah and Ouray In- United States nor the State shall be obli- State all right, title, and interest of the dian Reservation in the State of Utah so as gated to lease or otherwise develop oil and United States in and to the Federal land. to authorize such State to exchange certain gas resources in which the other party re- (b) RECONVEYANCE.—If the State reconveys mineral lands for other lands mineral in tains an overriding interest under this sec- any Federal land conveyed to the State character’’ approved August 9, 1955, (69 Stat. tion. under subsection (a), the State shall, as soon 544), is further amended by adding at the end ‘‘(6) COOPERATIVE AGREEMENTS.—The Sec- as practicable after the date of the reconvey- the following: retary of the Interior is authorized to enter ance, pay to the Secretary concerned an ‘‘SEC. 5. In order to further clarify author- into cooperative agreements with the State amount equal to 95 percent of the amount re- izations under this Act, the State of Utah is and the Ute Indian Tribe of the Uintah and

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Ouray Reservation to facilitate the relin- the Y Mountain Trail already owned by (c) EFFECT.— quishment and selection of lands to be con- Brigham Young University as of the date of (1) NO SURRENDER OF CLAIMS.—Nothing in veyed under this section, and the adminis- the enactment of this Act that Brigham this section shall result in the surrendering tration of the overriding interests reserved Young University has historically allowed; of any claim by the United States against hereunder. and any contract awardee that arose under a ‘‘(7) TERMINATION.—The overriding interest (2) allow that same reasonable public ac- qualifying contract before the date on which reserved by the Secretary of the Interior cess to the portion of the Y Mountain Trail the Secretary extends the qualifying con- under paragraph (1), and the overriding in- and the ‘‘Y’’ symbol located on the land de- tract term under this section. terest reserved by the State under paragraph scribed in subsection (a). (2) RELEASE OF LIABILITY.—Before receiving (3), shall automatically terminate 30 years (d) SURVEY AND ADMINISTRATIVE COSTS.— an extension of a contract term under this after the date of enactment of this section.’’. The exact acreage and legal description of section, the contract awardee shall release the land to be conveyed under subsection (a) the United States from all liability, includ- SA 2908. Mr. HATCH submitted an shall be determined by a survey satisfactory ing further consideration or compensation, amendment intended to be proposed to to the Secretary. Brigham Young University resulting from— amendment SA 2875 proposed by Mr. shall pay the reasonable costs of survey, ap- (A) the extension of the qualifying con- praisal, and any administrative analyses re- tract term; or REID (for Mr. TESTER) to the bill S. quired by law. 3525, to protect and enhance opportuni- (B) a determination by the Secretary under this section to not extend the contract term. ties for recreational hunting, fishing, SA 2910. Mr. HATCH submitted an (3) FUTURE ADMINISTRATIVE ACTIONS.— and shooting, and for other purposes; amendment intended to be proposed to Nothing in this section precludes the Sec- which was ordered to lie on the table; amendment SA 2875 proposed by Mr. retary from modifying a qualifying contract as follows: REID (for Mr. TESTER) to the bill S. extended under this section to grant admin- At the end, add the following: 3525, to protect and enhance opportuni- istrative relief consistent with applicable TITLE III—NATIONAL MONUMENTS IN ties for recreational hunting, fishing, law (including regulations) and policy. UTAH and shooting, and for other purposes; SA 2911. Mr. HATCH submitted an SEC. 301. LIMITATION ON FURTHER EXTENSION which was ordered to lie on the table; OR ESTABLISHMENT OF NATIONAL as follows: amendment intended to be proposed to MONUMENTS IN UTAH. At the end, add the following: amendment SA 2875 proposed by Mr. This proviso of the last sentence of the REID (for Mr. TESTER) to the bill S. TITLE III—TIMBER SALE CONTRACTS first section of the Act of September 14, 1950 3525, to protect and enhance opportuni- (64 Stat. 849, chapter 950; 16 U.S.C. 431a), is SEC. 301. EXTENDING NATIONAL FOREST SYSTEM TIMBER SALE CONTRACTS. ties for recreational hunting, fishing, amended by inserting ‘‘or Utah’’ after ‘‘Wyo- (a) DEFINITIONS.—In this section: and shooting, and for other purposes; ming’’. (1) QUALIFYING CONTRACT.—The term which was ordered to lie on the table; SA 2909. Mr. HATCH submitted an ‘‘qualifying contract’’ means a contract (in- as follows: cluding an integrated resource timber con- At the end, add the following: amendment intended to be proposed to tract) for the sale of timber on National For- amendment SA 2875 proposed by Mr. TITLE III—PUTTING THE GULF OF est System land— MEXICO BACK TO WORK REID (for Mr. TESTER) to the bill S. (A) that was awarded before January 1, 3525, to protect and enhance opportuni- 2010; SEC. 301. SHORT TITLE. This title may be cited as the ‘‘Putting the (B) for which the original contract term ties for recreational hunting, fishing, Gulf of Mexico Back to Work Act’’. was for 2 or more years; and shooting, and for other purposes; SEC. 302. DEFINITIONS. which was ordered to lie on the table; (C) for which there is unharvested volume of timber remaining; In this title: as follows: (D) for which, not later than 90 days after (1) COVERED CIVIL ACTION.—The term ‘‘cov- At the end, add the following: the date of enactment of this Act, the con- ered civil action’’ means a civil action con- TITLE III—LAND CONVEYANCE tract awardee makes a written request to taining a claim under section 702 of title 5, United States Code, regarding agency action SEC. 301. LAND CONVEYANCE, UINTA-WASATCH- the Secretary for an extension of time; CACHE NATIONAL FOREST, UTAH. (E) for which the Secretary determines (as defined for the purposes of that section) (a) CONVEYANCE REQUIRED.—On the request there is not an urgent need to harvest due to affecting a covered energy project in the of Brigham Young University submitted to deteriorating timber conditions; Gulf of Mexico. the Secretary of Agriculture not later than (F) for which the Secretary determines (2) COVERED ENERGY PROJECT.— one year after the date of the enactment of there is not an urgent need to harvest to ac- (A) IN GENERAL.—The term ‘‘covered en- this Act, the Secretary shall convey, not complish fuel reduction objectives in ergy project’’ means the leasing of Federal later than one year after receiving the re- wildland-urban interface areas; and land of the outer Continental Shelf for the quest, to Brigham Young University all (G) that is not in breach or default. exploration, development, production, proc- right, title, and interest of the United States (2) SECRETARY.—The term ‘‘Secretary’’ essing, or transmission of oil, natural gas, in and to an approximately 80-acre parcel of means the Secretary of Agriculture, acting wind, or any other source of energy in the National Forest System land in the Uinta- through the Chief of the Forest Service. Gulf of Mexico, and any action under a lease. Wasatch-Cache National Forest in the State (3) WILDLAND-URBAN INTERFACE.—The term (B) EXCLUSION.—The term ‘‘covered energy project’’ does not include any dispute be- of Utah consisting of the SE1⁄4SE1⁄4 of section ‘‘wildland-urban interface’’ has the meaning tween the parties to a lease regarding the ob- 32, T. 6 S., R. 3 E., and the NE1⁄4NE1⁄4 of sec- given the term in section 101 of the Healthy tion 5, T. 7 S., R. 3 E., Salt Lake Base & Me- Forests Restoration Act of 2003 (16 U.S.C. ligations under the lease, including any al- ridian. The conveyance shall be subject to 6511). leged breach of the lease. valid existing rights and shall be made by (b) EXTENSION OF TIME.— (3) SECRETARY.—The term ‘‘Secretary’’ quitclaim deed. (1) IN GENERAL.—Notwithstanding any means the Secretary of the Interior. (b) CONSIDERATION.— other provision of law and subject to the Subtitle A—Outer Continental Shelf Land (1) CONSIDERATION REQUIRED.—As consider- conditions described in paragraph (2), the SEC. 311. DRILLING PERMITS. ation for the land conveyed under subsection Secretary may extend the term of a quali- Section 11 of the Outer Continental Shelf (a), Brigham Young University shall pay to fying contract for not more than 2 years Lands Act (43 U.S.C. 1340) is amended by the Secretary an amount equal to the fair after the applicable contract termination striking subsection (d) and inserting the fol- market value of the land, as determined by date. lowing: an appraisal approved by the Secretary and (2) CONDITIONS.—An extension of a quali- ‘‘(d) DRILLING PERMITS.— conducted in conformity with the Uniform fying contract under paragraph (1) shall be ‘‘(1) IN GENERAL.—The Secretary shall by Appraisal Standards for Federal Land Acqui- subject to the following conditions: regulation require that any lessee operating sitions and section 206 of the Federal Land (A) The total contract term shall not ex- under an approved exploration plan— Policy and Management Act of 1976 (43 ceed 10 years, including the extension grant- ‘‘(A) obtain a permit before drilling any U.S.C. 1716). ed under this section. well in accordance with the plan; and (2) DEPOSIT.—The consideration received (B) A qualifying contract that receives a 1- ‘‘(B) obtain a new permit before drilling by the Secretary under paragraph (1) shall be year substantial overriding public interest any well of a design that is significantly dif- deposited in the general fund of the Treasury extension authorized by the Chief of the For- ferent than the design for which the existing to reduce the Federal deficit. est Service in 2012 may only receive an ex- permit was issued. (c) GUARANTEED PUBLIC ACCESS TO Y MOUN- tension of 1 year under this section. ‘‘(2) SAFETY REVIEW REQUIRED.—The Sec- TAIN TRAIL.—After the conveyance under (C) Periodic payment dates that have not retary shall not issue a permit under para- subsection (a), Brigham Young University been reached as of the date of a request by a graph (1) without ensuring that the proposed represents that it will— contract awardee under this section shall be drilling operations meet all— (1) continue to allow the same reasonable adjusted in accordance with applicable law ‘‘(A) critical safety system requirements, public access to the trailhead and portion of and policies. including blowout prevention; and

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SHORT TITLE. ‘‘(5)(A) In each oil and gas leasing program paragraph (1) not later than 30 days after the This title may be cited as the ‘‘Restarting under this section, the Secretary shall make date on which the Secretary receives the ap- American Offshore Leasing Now Act’’. plication for a permit. available for leasing and conduct lease sales SEC. 402. DEFINITIONS. ‘‘(B) EXTENSION OF TIME.— that include— In this title: ‘‘(i) IN GENERAL.—The Secretary may ex- ‘‘(i) at least 50 percent of the available un- (1) ENVIRONMENTAL IMPACT STATEMENT FOR tend the period in which to consider an ap- leased acreage within each outer Continental THE 2007-2012 5-YEAR OCS PLAN.—The term ‘‘en- plication for a permit for up to 2 periods of Shelf planning area considered to have the vironmental impact statement for the 2007– 15 days each if the Secretary has given writ- largest undiscovered, technically recoverable 2012 5-Year OCS plan’’ means the final envi- ten notice of the delay to the applicant. oil and gas resources (on a total btu basis) ronmental impact statement prepared by the ‘‘(ii) NOTICE.—The notice described in based upon the most recent national geologi- Secretary entitled ‘‘Outer Continental Shelf clause (i) shall— cal assessment of the outer Continental Oil and Gas Leasing Program: 2007–2012’’, and ‘‘(I) be in the form of a letter from the Sec- Shelf, with an emphasis on offering the most dated April 2007. retary or a designee of the Secretary; and geologically prospective parts of the plan- (2) MULTISALE ENVIRONMENTAL IMPACT ‘‘(II) include— ning area; and STATEMENT.—The term ‘‘multisale environ- ‘‘(aa) the name and title of each individual ‘‘(ii) any State subdivision of an outer Con- mental impact statement’’ means the envi- processing the application; tinental Shelf planning area that the Gov- ronmental impact statement prepared by the ‘‘(bb) the reason for the delay; and ernor of the State that represents that sub- Secretary relating to proposed Western Gulf ‘‘(cc) the date on which the Secretary ex- division requests be made available for leas- of Mexico OCS Oil and Gas Lease Sales 204, pects to make a final decision on the appli- ing. 207, 210, 215, and 218, and proposed Central cation. ‘‘(B) In this paragraph, the term ‘available Gulf of Mexico OCS Oil and Gas Lease Sales ‘‘(4) DENIAL OF APPLICATION.—If the Sec- unleased acreage’ means that portion of the 205, 206, 208, 213, 216, and 222, and dated Sep- retary denies the application, the Secretary outer Continental Shelf that is not under tember 2008. shall provide the applicant— lease at the time of a proposed lease sale, (3) SECRETARY.—The term ‘‘Secretary’’ ‘‘(A) a written statement that provides and that has not otherwise been made un- means the Secretary of the Interior. clear and comprehensive reasons why the ap- available for leasing by law. plication was not accepted and detailed in- SEC. 403. REQUIREMENT TO CONDUCT PRO- ‘‘(6)(A) For the 2012–2017 5-year oil and gas POSED OIL AND GAS LEASE SALE 216 leasing program, the Secretary shall make formation concerning any deficiency; and IN CENTRAL GULF OF MEXICO. ‘‘(B) an opportunity to remedy any defi- available for leasing any outer Continental (a) IN GENERAL.—As soon as practicable, ciencies. but not later than 60 days after the date of Shelf planning areas that are estimated to ‘‘(5) FAILURE TO MAKE DECISION WITHIN 60 enactment of this Act, the Secretary shall contain more than— DAYS.—If the Secretary does not make a de- conduct offshore oil and gas Lease Sale 216 ‘‘(i) 2,500,000,000 barrels of oil; or cision on the application by the date that is under section 8 of the Outer Continental ‘‘(ii) 7,500,000,000,000 cubic feet of natural 60 days from the date on which the Secretary Shelf Lands Act (33 U.S.C. 1337) . gas. ‘‘(B) To determine the planning areas de- receives the application, the application (b) ENVIRONMENTAL REVIEW.—For the pur- shall be considered approved.’’. poses of the lease sale described in sub- scribed in subparagraph (A), the Secretary Subtitle B—Judicial Review of Agency Ac- section (a), the environmental impact state- shall use the document entitled ‘Minerals tions Relating to Outer Continental Shelf ment for the 2007–2012 5-Year OCS plan and Management Service Assessment of Undis- Activities in Gulf of Mexico the multisale environmental impact state- covered Technically Recoverable Oil and Gas ment shall be considered to satisfy the re- Resources of the Nation’s Outer Continental SEC. 322. EXCLUSIVE VENUE FOR CERTAIN CIVIL Shelf, 2006’.’’. ACTIONS RELATING TO COVERED quirements of the National Environmental ENERGY PROJECTS IN GULF OF Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 503. DOMESTIC OIL AND NATURAL GAS PRO- MEXICO. SEC. 404. REQUIREMENT TO CONDUCT PRO- DUCTION GOAL. A covered civil action shall be brought POSED OIL AND GAS LEASE SALE 220 Section 18 of the Outer Continental Shelf only in a judicial district in the Fifth Circuit ON OUTER CONTINENTAL SHELF Lands Act (43 U.S.C. 1344) is amended by unless there is no district in that circuit in OFFSHORE VIRGINIA. striking subsection (b) and inserting the fol- which the action may be brought. (a) IN GENERAL.—As soon as practicable, lowing: SEC. 323. TIME LIMITATION ON FILING. but not later than 1 year after the date of en- ‘‘(b) DOMESTIC OIL AND NATURAL GAS PRO- A covered civil action is barred unless the actment of this Act, the Secretary shall con- DUCTION GOAL.—– action is filed not later than the date that is duct offshore oil and gas Lease Sale 220 ‘‘(1) IN GENERAL.—In developing a 5-year oil 60 days after the date of the final Federal under section 8 of the Outer Continental and gas leasing program, subject to para- agency action. Shelf Lands Act (33 U.S.C. 1337). graph (2), the Secretary shall determine a (b) ENVIRONMENTAL REVIEW.—For the pur- domestic strategic production goal for the SEC. 324. EXPEDITION IN HEARING AND DETER- poses of the lease sale described in sub- MINING ACTION. development of oil and natural gas as a re- section (a), the environmental impact state- A court shall endeavor to hear and deter- sult of that program, which goal shall be— ment for the 2007–2012 5-Year OCS plan and mine any covered civil action as expedi- ‘‘(A) the best estimate of the practicable the multisale environmental impact state- tiously as practicable. increase in domestic production of oil and ment shall be considered to satisfy the re- natural gas from the outer Continental SEC. 325. STANDARD OF REVIEW. quirements of the National Environmental Shelf; (a) IN GENERAL.—In any judicial review of Policy Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(B) focused on meeting domestic demand a covered civil action, administrative find- SEC. 405. REQUIREMENT TO CONDUCT PRO- for oil and natural gas and reducing the de- ings and conclusions relating to the chal- POSED OIL AND GAS LEASE SALE 222 pendence of the United States on foreign en- lenged Federal action or decision shall be IN CENTRAL GULF OF MEXICO. ergy; and presumed to be correct. (a) IN GENERAL.—As soon as practicable, ‘‘(C) focused on the production increases (b) STANDARD.—The presumption described but not later than 60 days after the date of achieved by the leasing program at the end in subsection (a) may be rebutted only by a enactment of this Act, the Secretary shall of the 15-year period beginning on the effec- preponderance of the evidence contained in conduct offshore oil and gas Lease Sale 222 tive date of the program. the administrative record. under section 8 of the Outer Continental ‘‘(2) 2012–2017 PROGRAM GOAL.—For purposes SEC. 326. LIMITATION ON PROSPECTIVE RELIEF. Shelf Lands Act (33 U.S.C. 1337). of the 2012–2017 5-year oil and gas leasing NVIRONMENTAL REVIEW.—For the pur- In a covered civil action, a court shall not (b) E program, the production goal referred to in poses of the lease sale described in sub- grant or approve any prospective relief un- paragraph (1) shall be an increase by 2027 of section (a), the environmental impact state- less the court finds that the relief is nar- not less than— ment for the 2007–2012 5-Year OCS plan and rowly drawn, extends no further than nec- ‘‘(A) 3,000,000 barrels in the quantity of oil the multisale environmental impact state- essary to correct the violation of a legal re- produced per day; and ment shall be considered to satisfy the re- quirement, and is the least intrusive means ‘‘(B) 10,000,000,000 cubic feet in the quantity quirements of the National Environmental necessary to correct that violation. of natural gas produced per day. Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 327. LIMITATION ON ATTORNEYS’ FEES. ‘‘(3) REPORTING.—Beginning at the end of (a) IN GENERAL.—Sections 504 of title 5 and TITLE V—REVERSING PRESIDENT the 5-year period for which the program ap- 2412 of title 28, United States Code, do not OBAMA’S OFFSHORE MORATORIUM plies and annually thereafter, the Secretary apply to a covered civil action. SEC. 501. SHORT TITLE. shall submit to the Committee on Natural (b) PAYMENT FROM FEDERAL GOVERN- This title may be cited as the ‘‘Reversing Resources of the House of Representatives MENT.—No party to a covered civil action President Obama’s Offshore Moratorium and the Committee on Energy and Natural shall receive from the Federal Government Act’’. Resources of the Senate a report on the

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progress of the program in meeting the pro- (2) by adding at the end the following: ‘‘(ii) DETERMINATION.—If the contracting duction goal that includes an identification ‘‘(g) to ensure that water dedicated to fish district, the agency, or the Secretary deter- of projections for production and any prob- and wildlife purposes by this title is replaced mines that the proposal described in clause lems with leasing, permitting, or production and provided to Central Valley Project water (i) is incomplete, the contracting district, that will prevent meeting the goal.’’. contractors not later than December 31, 2016, agency, or Secretary shall state, in writing TITLE VI—JOBS AND ENERGY at the lowest cost reasonably achievable; and and with specificity, the conditions under ‘‘(h) to facilitate and expedite water trans- PERMITTING which the proposal would be considered com- fers in accordance with this title.’’. SEC. 601. SHORT TITLE. plete. SEC. 712. AMENDMENT TO DEFINITION. ‘‘(F) NO MITIGATION REQUIREMENTS.— This title may be cited as the ‘‘Jobs and Section 3403 of the Central Valley Project Energy Permitting Act of 2012’’. ‘‘(i) IN GENERAL.—Except as provided in Improvement Act (Public Law 102–575; 106 this section, the Secretary shall not impose SEC. 602. AIR QUALITY MEASUREMENT. Stat. 4707) is amended— mitigation or other requirements on a pro- Section 328(a)(1) of the Clean Air Act (42 (1) by striking subsection (a) and inserting U.S.C. 7627(a)(1)) is amended in the second posed transfer. the following: PPLICABILITY.—This section shall sentence by inserting before the period at ‘‘(ii) A ‘‘(a) the term ‘anadromous fish’ means have no effect on the authority of the con- the end the following: ‘‘, except that any air those native stocks of salmon (including tracting district from which the water is quality impact of any OCS source shall be steelhead) and sturgeon that— supplied or the agency under State law to measured or modeled, as appropriate, and de- ‘‘(1) as of October 30, 1992, were present in approve or condition a proposed transfer.’’; termined solely with respect to the impacts the Sacramento and San Joaquin Rivers and and in the corresponding onshore area’’. the tributaries of the Sacramento and San (D) by adding at the end the following: SEC. 603. OCS SOURCE. Joaquin Rivers; and ‘‘(4) APPLICABILITY.—Notwithstanding any Section 328(a)(4)(C) of the Clean Air Act (42 ‘‘(2) ascend those rivers and tributaries to other provision of Federal reclamation law— U.S.C. 7627(a)(4)(C)) is amended in the second reproduce after maturing in San Francisco ‘‘(A) the authority to transfer, exchange, sentence of the matter following clause (iii) Bay or the Pacific Ocean;’’; bank, or make recharging arrangements by striking ‘‘shall be considered direct emis- (2) by redesignating subsections (i) through using Central Valley Project water that sions from the OCS source’’ and inserting (m) as subsections (j) through (n), respec- could have been carried out before October ‘‘shall be considered direct emissions from tively; and 30, 1992, is valid, and those transfers, ex- the OCS source but shall not be subject to (3) by inserting after subsection (h) the fol- changes, or arrangements shall not be sub- any emission control requirement applicable lowing: ject to, limited, or conditioned by this title; to the source under subpart 1 of part C of ‘‘(i) the term ‘reasonable flows’ means and title I of this Act. For platform or drill ship water flows capable of being maintained tak- ‘‘(B) this title does not supersede or revoke exploration, an OCS source is established at ing into account competing consumptive the authority to transfer, exchange, bank, or the point in time when drilling commences uses of water and economic, environmental, recharge Central Valley Project water in ef- at a location and ceases to exist when drill- and social factors.’’. fect before October 30, 1992.’’; ing activity ends at the location or is tempo- SEC. 713. CONTRACTS. (2) in subsection (b)— rarily interrupted because the platform or Section 3404 of the Central Valley Project (A) in the heading, by striking ‘‘METER- drill ship relocates for weather or other rea- Improvement Act (Public Law 102–575; 106 ING’’ and inserting ‘‘MEASUREMENT’’; sons’’. Stat. 4708) is amended to read as follows: (B) in the first sentence, by striking ‘‘All SEC. 604. PERMITS. ‘‘SEC. 3404. CONTRACTS. Central Valley’’ and inserting the following: (a) PERMITS.—Section 328 of the Clean Air ‘‘(a) RENEWAL OF EXISTING LONG-TERM CON- ‘‘(1) IN GENERAL.—All Central Valley’’; TRACTS.—On request of the contractor, the Act (42 U.S.C. 7627) is amended by adding at (C) in the second sentence, by striking Secretary shall renew any existing long-term the end the following: ‘‘The contracting district’’ and inserting the ‘‘(d) PERMIT APPLICATION.—In the case of a repayment or water service contract that following: completed application for a permit under provides for the delivery of water from the ‘‘(3) ANNUAL REPORT.—The contracting dis- this Act for platform or drill ship explo- Central Valley Project for a period of 40 trict’’; and ration for an OCS source— years. (D) by inserting after paragraph (1) (as des- ‘‘(1) final agency action (including any re- ‘‘(b) ADMINISTRATION OF CONTRACTS.—Ex- ignated by subparagraph (B)) the following: consideration of the issuance or denial of cept as expressly provided by this title, any ‘‘(2) MEASUREMENT REQUIREMENTS.—The such a permit) shall be taken not later than existing long-term repayment or water serv- contracting district or agency, not including 180 days after the date on which the com- ice contract for the delivery of water from contracting districts serving multiple agen- pleted application is filed; the Central Valley Project shall be adminis- cies with separate governing boards, shall ‘‘(2) the Environmental Appeals Board of tered pursuant to the Act of July 2, 1956 ensure that all contractor-owned water de- the Environmental Protection Agency shall (chapter 492; 70 Stat. 483). livery systems within the boundaries of the have no authority to consider any matter re- ‘‘(c) DELIVERY CHARGE.—Beginning on the contracting district or agency measure sur- garding the consideration, issuance, or de- date of enactment of this Act, a contract en- face water at the facilities of the contracting nial of the permit; tered into or renewed pursuant to this sec- district or agency up to the point at which ‘‘(3) no administrative stay of the effec- tion shall include a provision that requires the surface water is commingled with other tiveness of the permit may extend beyond the Secretary to charge any other party to water supplies.’’; the date that is 180 days after the date on the contract only for water actually deliv- (3) by striking subsection (d); which the completed application is filed; ered by the Secretary.’’. (4) by redesignating subsections (e) and (f) ‘‘(4) that final agency action shall be con- SEC. 714. WATER TRANSFERS, IMPROVED WATER as subsections (d) and (e), respectively; and sidered to be nationally applicable under sec- MANAGEMENT, AND CONSERVATION. (5) by striking subsection (e) (as redesig- tion 307(b); and Section 3405 of the Central Valley Project nated by paragraph (4)) and inserting the fol- ‘‘(5) judicial review of that final agency ac- Improvement Act (Public Law 102–575; 106 lowing: tion shall be available only in accordance Stat. 4709) is amended— ‘‘(e) INCREASED REVENUES.—All revenues with section 307(b) without additional ad- (1) in subsection (a)— received by the Secretary that exceed the ministrative review or adjudication.’’. (A) in the second sentence, by striking cost-of-service rates applicable to the deliv- (b) CONFORMING AMENDMENT.—Section ‘‘Except as provided herein’’ and inserting 328(a)(4) of the Clean Air Act (42 U.S.C. ‘‘The Secretary shall take all actions nec- ery of water transferred from irrigation use 7627(a)(4)) is amended by striking ‘‘For pur- essary to facilitate and expedite transfers of to municipal and industrial use under sub- poses of subsections (a) and (b) of this sec- Central Valley Project water in accordance section (a) shall be covered to the Restora- tion—’’ and inserting ‘‘For purposes of sub- with this title or any other provision of Fed- tion Fund.’’. sections (a), (b), and (d):’’. eral reclamation law and the National Envi- SEC. 715. FISH, WILDLIFE, AND HABITAT RES- TORATION. TITLE VII—SACRAMENTO-SAN JOAQUIN ronmental Policy Act of 1969 (42 U.S.C. 4321 VALLEY WATER RELIABILITY et seq.). Except as provided in this sub- Section 3406 of the Central Valley Project section,’’; Improvement Act (Public Law 102–575; 106 SEC. 701. SHORT TITLE. (B) in paragraph (1)(A), by striking ‘‘to Stat. 4714) is amended— This title may be cited as the ‘‘Sac- combination’’ and inserting ‘‘or combina- (1) in subsection (b)— ramento-San Joaquin Valley Water Reli- tion’’; (A) by striking paragraph (1)(B) and insert- ability Act’’. (C) in paragraph (2), by adding at the end ing the following: Subtitle A—Central Valley Project Water the following: ‘‘(B) ADMINISTRATION.— Reliability ‘‘(E) WRITTEN TRANSFER PROPOSALS.— ‘‘(i) IN GENERAL.—As needed to carry out SEC. 711. AMENDMENT TO PURPOSES. ‘‘(i) IN GENERAL.—The contracting district the goals of the Central Valley Project, the Section 3402 of the Central Valley Project from which the water is supplied, the agen- Secretary may modify Central Valley Improvement Act (Public Law 102–575; 106 cy, or the Secretary, as applicable, shall de- Project operations to provide reasonable Stat. 4706) is amended— termine whether a written transfer proposal flows of suitable quality, quantity, and tim- (1) in subsection (f), by striking the period is complete not later than 45 days after the ing to protect all life stages of anadromous at the end; and date on which the proposal is submitted. fish.

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‘‘(ii) REQUIREMENTS.—The flows under ‘‘(i) providing for the storage or convey- ‘‘(B) to ensure that any advice given or clause (i) shall be provided from the quantity ance of non-Central Valley Project water recommendation made by the Advisory of water dedicated to fish, wildlife, and habi- pursuant to Federal reclamation laws; or Board reflects the independent judgment of tat restoration purposes under paragraph (2) ‘‘(ii) the delivery of water pursuant to sec- the Advisory Board; from the water supplies acquired pursuant to tion 215 of the Reclamation Reform Act of ‘‘(C) not later than December 31, 2013, and paragraph (3) and from other sources which 1982 (Public Law 97–293; 96 Stat. 1270); or annually thereafter, to submit to the Sec- do not conflict with fulfillment of the re- ‘‘(B) for any water that is delivered with retary and Congress the recommendations maining contractual obligations of the Sec- the sole intent of groundwater recharge.’’. under subparagraph (A); and retary to provide Central Valley Project (b) CERTAIN PAYMENTS.—Section 3407(c)(1) ‘‘(D) not later than December 31, 2013, and water for other authorized purposes. of the Central Valley Project Improvement biennially thereafter, to submit to Congress ‘‘(iii) DETERMINATION OF NEEDS.—The Sec- Act (Public Law 102–575; 106 Stat. 4726) is a report that details the progress made in retary shall determine the instream reason- amended— achieving the actions required under section able flow needs for all Central Valley Project (1) by striking ‘‘mitigation and restoration 3406. controlled streams and rivers based on rec- payments, in addition to charges provided ‘‘(5) ADMINISTRATION.—With the consent of ommendations of the United States Fish and for or’’ and inserting ‘‘payments, in addition the appropriate agency head, the Advisory Wildlife Service and the National Marine to charges’’; and Board may use the facilities and services of Fisheries Service after consultation with the (2) by striking ‘‘of fish, wildlife’’ and all any Federal agency.’’. that follows through the period and inserting United States Geological Survey.’’; and SEC. 717. ADDITIONAL AUTHORITIES. (B) in paragraph (2)— ‘‘of carrying out this title.’’. (c) ADJUSTMENT AND ASSESSMENT OF MITI- (i) in the matter preceding subparagraph (a) AUTHORITY FOR CERTAIN ACTIVITIES.— GATION AND RESTORATION PAYMENTS.—Sec- (A)— Section 3408 of the Central Valley Project tion 3407(d) of the Central Valley Project Im- (I) in the first sentence, by striking ‘‘pri- Improvement Act (Public Law 102–575; 106 provement Act (Public Law 102–575; 106 Stat. mary purpose’’ and inserting ‘‘purposes’’; Stat. 4728) is amended by striking subsection 4727) is amended— (II) by striking ‘‘but not limited to addi- (c) and inserting the following: (1) in paragraph (2)(A)— tional obligations under the Federal Endan- ‘‘(c) CONTRACTS FOR ADDITIONAL STORAGE (A) by striking ‘‘, and $12 per acre-foot (Oc- gered Species Act’’ and inserting ‘‘additional AND DELIVERY OF WATER.— tober 1992 price levels) for municipal and in- obligations under the Endangered Species ‘‘(1) IN GENERAL.—The Secretary may enter dustrial water sold and delivered by the Cen- Act of 1973 (16 U.S.C. 1531 et seq.)’’; and into contracts under the reclamation laws tral Valley Project’’ and inserting ‘‘$12 per (III) by adding at the end the following: and this title with any Federal agency, Cali- acre-foot (October 1992 price levels) for mu- ‘‘All Central Valley Project water used for fornia water user or water agency, State nicipal and industrial water sold and deliv- the purposes specified in this paragraph shall agency, or private organization for the ex- ered by the Central Valley Project, and after be credited to the quantity of Central Valley change, impoundment, storage, carriage, and October 1, 2013, $4 per megawatt-hour for Project yield dedicated and managed under delivery of nonproject water for domestic, Central Valley Project power sold to power this paragraph by determining how the dedi- municipal, industrial, fish and wildlife, and contractors (October 2013 price levels)’’; and cation and management of that water would any other beneficial purpose. (B) by inserting ‘‘ but not later than De- affect the delivery capability of the Central ‘‘(2) LIMITATION.—Nothing in this sub- cember 31, 2020,’’ after ‘‘That upon the com- Valley Project yield. To the maximum ex- section supersedes section 2(d) of the Act of pletion of the fish, wildlife, and habitat miti- tent practicable and in accordance with sec- August 26, 1937 (chapter 832; 50 Stat. 850; 100 gation and restoration actions mandated tion 3411, Central Valley Project water dedi- Stat. 3051). under section 3406 of this title,’’; and cated and managed pursuant to this para- ‘‘(3) AUTHORITY FOR CERTAIN ACTIVITIES.— (2) by adding at the end the following: The Secretary shall use the authority grant- graph shall be reused to fulfill the remaining ‘‘(g) REPORT ON EXPENDITURE OF FUNDS.— ed by this subsection in connection with re- contractual obligations of the Secretary to ‘‘(1) IN GENERAL.—For each fiscal year, the quests to exchange, impound, store, carry, or provide Central Valley Project water for ag- Secretary, in consultation with the Advisory deliver nonproject water using Central Val- ricultural or municipal and industrial pur- Board, shall submit to Congress a plan for ley Project facilities for any beneficial pur- poses.’’; and the expenditure of all of the funds deposited pose. (ii) by striking subparagraph (C) and in- in the Restoration Fund during the pre- ‘‘(4) RATES.— serting the following: ceding fiscal year. ‘‘(A) IN GENERAL.—The Secretary shall de- ‘‘(C) MANDATORY REDUCTION.—If on March ‘‘(2) CONTENTS.—The plan shall include an velop rates not to exceed the amount re- 15 of a given year, the quantity of Central analysis of the cost-effectiveness of each ex- quired to recover the reasonable costs in- Valley Project water forecasted to be made penditure. curred by the Secretary in connection with a available to water service or repayment con- ‘‘(h) ADVISORY BOARD.— beneficial purpose under this subsection. tractors in the Delta Division of the Central ‘‘(1) ESTABLISHMENT.—There is established Valley Project is less than 75 percent of the the Restoration Fund Advisory Board (re- ‘‘(B) ADMINISTRATION.—The rates shall be total quantity of water to be made available ferred to in this section as the ‘Advisory charged to a party using Central Valley under those contracts, the quantity of Cen- Board’), which shall be composed of 12 mem- Project facilities for a beneficial purpose, tral Valley Project yield dedicated and man- bers appointed by the Secretary. but the costs described in subparagraph (A) shall not include any donation or other pay- aged for that year under this paragraph shall ‘‘(2) MEMBERSHIP.— ment to the Restoration Fund. be reduced by 25 percent.’’; and ‘‘(A) IN GENERAL.—The Secretary shall ap- (2) by adding at the end the following: point members to the Advisory Board that ‘‘(5) CONSTRUCTION.—This subsection shall be construed and implemented to facilitate ‘‘(i) SATISFACTION OF PURPOSES.—In car- represent the various Central Valley Project and encourage the use of Central Valley rying out this section, the Secretary shall be stakeholders, of whom— Project facilities to exchange, impound, considered to have met the mitigation, pro- ‘‘(i) 4 members shall be agricultural users store, carry, or deliver nonproject water for tection, restoration, and enhancement pur- of the Central Valley Project; any beneficial purpose.’’. poses of this title.’’. ‘‘(ii) 3 members shall be municipal and in- dustrial users of the Central Valley Project; (b) REPORTING REQUIREMENTS.—Section SEC. 716. RESTORATION FUND. ‘‘(iii) 3 members shall be power contractors 3408(f) of the Central Valley Project Im- (a) IN GENERAL.—Section 3407(a) of the of the Central Valley Project; and provement Act (Public Law 102–575; 106 Stat. Central Valley Project Improvement Act ‘‘(iv) 2 members shall be appointed at the 4729) is amended— (Public Law 102–575; 106 Stat. 4726) is amend- discretion of the Secretary. (1) in the first sentence, by striking ‘‘Inte- ed— ‘‘(B) OBSERVERS.—The Secretary and the rior and Insular Affairs and the Committee (1) by striking ‘‘There is hereby’’ and in- Secretary of Commerce may each designate on Merchant Marine and Fisheries’’ and in- serting the following: a representative to act as an observer of the serting ‘‘Natural Resources’’; ‘‘(1) ESTABLISHMENT.— Advisory Board. (2) in the second sentence, by inserting ‘‘, ‘‘(A) IN GENERAL.—There is’’; ‘‘(C) CHAIRMAN.—The Secretary shall ap- including progress on the plan under sub- (2) in paragraph (1)(A) (as designated by point 1 of the members described in subpara- section (j)’’ before the period at the end; and paragraph (1)), by striking ‘‘Not less than 67 graph (A) to serve as Chairman of the Advi- (3) by adding at the end the following: percent’’ and all that follows through ‘‘Mon- sory Board. ‘‘The filing and adequacy of the report shall ies’’ and inserting the following: ‘‘(3) TERMS.—The term of each member of be personally certified to the Committees by ‘‘(B) USE OF DONATED AMOUNTS.— the Advisory Board shall be for a period of 4 the Regional Director of the Mid-Pacific Re- Amounts’’; and years. gion of the Bureau of Reclamation.’’. (3) by adding at the end the following: ‘‘(4) DUTIES.—The duties of the Advisory (c) PROJECT YIELD INCREASE.—Section ‘‘(2) RESTRICTIONS.—The Secretary may Board are— 3408(j) of the Central Valley Project Im- not directly or indirectly require a donation ‘‘(A) to meet not less frequently than semi- provement Act (Public Law 102–575; 106 Stat. or other payment (including environmental annually to develop and make recommenda- 4730) is amended— restoration or mitigation fees not otherwise tions to the Secretary regarding priorities (1) by redesignating paragraphs (1) through provided by law) to the Restoration Fund— and spending levels on projects and programs (7) as subparagraphs (A) through (G), respec- ‘‘(A) as a condition of— carried out under this title; tively, and indenting appropriately;

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6816 CONGRESSIONAL RECORD — SENATE November 14, 2012 (2) by striking ‘‘In order to minimize ad- tion districts and other local governments or that relates to an anadromous fish species verse effects, if any, upon’’ and inserting the water districts within the applicable present in the Sacramento and San Joaquin following: hydrological region to advance those water Rivers or the tributaries of those rivers and ‘‘(1) IN GENERAL.—In order to minimize ad- storage projects. that ascends those rivers and tributaries to verse effects upon’’; (2) NO ADDITIONAL FEDERAL AMOUNTS.— reproduce after maturing in San Francisco (3) in the second sentence, by striking (A) IN GENERAL.—Subject to subparagraph Bay or the Pacific Ocean. ‘‘The plan’’ and all that follows through ‘‘op- (B), no additional Federal amounts are au- SEC. 720. AUTHORIZED SERVICE AREA. tions:’’ and inserting the following: thorized to be appropriated to carry out the (a) IN GENERAL.—The Secretary of the In- ‘‘(2) CONTENTS.—The plan shall include rec- activities described in clauses (i) through terior, acting through the Commissioner of ommendations on appropriate cost-sharing (iii) of sections 103(d)(1)(A) of the Water Sup- Reclamation, shall include in the service arrangements and authorizing legislation or ply, Reliability, and Environmental Im- area of the Central Valley Project authorized other measures needed to implement the in- provement Act (Public Law 108–361; 118 Stat. under the Central Valley Project Improve- tent, purposes, and provisions of this sub- 1684) Public Law 108–361. ment Act (Public Law 102–575; 106 Stat. 4706) section, as well as a description of how the (B) EXCEPTION.—Additional Federal the area within the boundaries of the Secretary intends to use—’’; amounts may be appropriated for construc- Kettleman City Community Services Dis- (4) in paragraph (1) (as designated by para- tion of a project described in subparagraph trict, California, as those boundaries are de- graph (2))— (A) if non-Federal amounts are used to fi- fined as of the date of enactment of this Act. (A) by striking ‘‘needs, the Secretary, nance and construct the project. (b) LONG-TERM CONTRACT.— shall’’ and all that follows through ‘‘to the SEC. 718. BAY-DELTA ACCORD. (1) IN GENERAL.—Notwithstanding the Cen- Congress,’’ and inserting ‘‘needs, the Sec- (a) CONGRESSIONAL DIRECTION REGARDING tral Valley Project Improvement Act (Public retary, on a priority basis and not later than CENTRAL VALLEY PROJECT AND CALIFORNIA Law 102–575; 106 Stat. 4706) and subject to September 30, 2013, shall submit to Con- STATE WATER PROJECT OPERATIONS.— paragraph (2), the Secretary, in accordance gress’’; and (1) IN GENERAL.—The Central Valley with the reclamation laws, shall enter into a (B) by striking ‘‘increase,’’ and all that fol- Project and the California State Water long-term contract with the Kettleman City lows through ‘‘under this title’’ and inserting Project shall be operated strictly in accord- Community Services District or the delivery ‘‘increase, as soon as practicable, but not ance with the water quality standards and of not more than 900 acre-feet of Central Val- later than September 30, 2016 (except that operational constraints described in the ley Project water for municipal and indus- the construction of new facilities shall not ‘‘Principles for Agreement on the Bay-Delta trial use. be limited by that deadline), the water of the Standards Between the State of California (2) REDUCTION IN CONTRACT.—The Secretary Central Valley Project by the quantity dedi- may temporarily reduce deliveries of the cated and managed for fish and wildlife pur- and the Federal Government’’ dated Decem- ber 15, 1994. quantity of water made available under para- poses under this title and otherwise required graph (1) by not more than 25 percent of the to meet the purposes of the Central Valley (2) APPLICABILITY OF OTHER LAW.—The En- dangered Species Act of 1973 (16 U.S.C. 1531 et total whenever reductions due to hydrologic Project, including satisfying contractual ob- circumstances are imposed on agricultural ligations’’; seq.) and other applicable law shall not apply deliveries of Central Valley Project water. (5) in paragraph (2)(A) (as designated by to operations described in paragraph (1). (3) IMPLEMENTATION.—Implementation of (c) ADDITIONAL COST.—If any additional in- paragraph (1)), by inserting ‘‘and construc- frastructure or related costs are needed to tion of new water storage facilities’’ before the ‘‘Principles for Agreement on the Bay- Delta Standards Between the State of Cali- implement this section, those costs shall be the semicolon; the responsibility of the non-Federal entity. (6) in paragraph (2)(F) (as designated by fornia and the Federal Government’’ dated SEC. 721. REGULATORY STREAMLINING. paragraph (1)), by striking ‘‘and’’ at the end; December 15, 1994, shall be in strict compli- (a) DEFINITIONS.—In this section: (7) in paragraph (2)(G) (as designated by ance with the water rights priority system (1) CVP.—The term ‘‘CVP’’ means the Cen- paragraph (1)), by striking the period and all and statutory protections for areas of origin. tral Valley Project. that follows through the end of the sub- (b) APPLICATION OF LAWS TO OTHERS.— (2) PROJECT.—The term ‘‘project’’— section and inserting ‘‘; and’’; and (1) IN GENERAL.—As a condition of the re- (A) means an activity that— (8) by adding after paragraph (2)(G) the fol- ceipt of Federal amounts for the Central Val- (i) is undertaken by a public agency, fund- lowing: ley Project and the California State Water ed by a public agency, or requires the ‘‘(H) water banking and recharge. Project, the State of California (including any agency or board of the State of Cali- issuance of a permit by a public agency; ‘‘(3) IMPLEMENTATION OF PLAN.— fornia), on any water right obtained pursu- (ii) has a potential to result in a physical ‘‘(A) IN GENERAL.—The Secretary shall im- change to the environment; and plement the plan under paragraph (1) begin- ant to State law, including a pre-1914 appro- (iii) may be subject to several discre- ning on October 1, 2013. priative right, shall not— (A) impose any condition that restricts the tionary approvals by governmental agencies; ‘‘(B) COORDINATION.—In carrying out this (B) may include construction activities, subsection, the Secretary shall coordinate exercise of that water right that is affected clearing or grading of land, improvements to with the State of California in implementing by operations of the Central Valley Project existing structures, and activities or equip- measures for the long-term resolution of or California State Water Project; ment involving the issuance of a permit; or problems in the San Francisco Bay/Sac- (B) restrict under the Public Trust Doc- (C) has the meaning given the term defined ramento-San Joaquin Delta Estuary. trine any public trust value imposed in order to conserve, enhance, recover, or otherwise in section 21065 of the California Public Re- ‘‘(4) FAILURE OF PLAN.—Notwithstanding source Code. any other provision of the reclamation laws, protect any species. (b) APPLICABILITY OF CERTAIN LAWS.—The if by September 30, 2016, the plan under para- (2) FEDERAL AGENCIES.—The prohibition filing of a notice of determination or a no- graph (1) fails to increase the annual deliv- under paragraph (1)(A) shall apply to Federal tice of exemption for any project, including ery capability of the Central Valley Project agencies. the issuance of a permit under State law, for by 800,000 acre-feet, implementation of any (c) COSTS.—No cost associated with the im- any project of the CVP or the delivery of nonmandatory action under section 3406(b)(2) plementation of this section shall be im- water from the CVP in accordance with the shall be suspended until the date on which posed directly or indirectly on any Central California Environmental Quality Act shall the plan achieves an increase in the annual Valley Project contractor, or any other per- be considered to meet the requirements for delivery capability of the Central Valley son or entity, unless those costs are incurred that project or permit under section 102(2)(C) Project of 800,000 acre-feet.’’. on a voluntary basis. of the National Environmental Protection (d) TECHNICAL CORRECTIONS.—Section (d) NATIVE SPECIES PROTECTION.—This sec- 3408(h) of the Central Valley Project Im- tion preempts any law of the State Cali- Act of 1969 (42 U.S.C. 4332(2)(C)). (c) CONTINUATION OF PROJECT.—The Bureau provement Act (Public Law 102–575; 106 Stat. fornia law restricting the quantity or size of 4729) is amended— a nonnative fish that is taken or harvested of Reclamation shall not be required to cease (1) in paragraph (1), by striking ‘‘paragraph that preys on 1 or more native fish species or modify any major Federal action or other (h)(2)’’ and inserting ‘‘paragraph (2)’’; and that occupy the Sacramento and San Joa- activity for any project of the CVP or the de- (2) in paragraph (2), by striking ‘‘paragraph quin Rivers and the tributaries of those riv- livery of water from the CVP pending com- (h)(i)’’ and inserting ‘‘paragraph (1)’’. ers or the Sacramento-San Joaquin Rivers pletion of judicial review of any determina- (e) WATER STORAGE PROJECT CONSTRUC- Delta. tion made under the National Environmental TION.— SEC. 719. NATURAL AND ARTIFICIALLY SPAWNED Protection Act of 1969 (42 U.S.C. 4321 et seq.). (1) IN GENERAL.—The Secretary of the Inte- SPECIES. Subtitle B—San Joaquin River Restoration rior, acting through the Commissioner of After the date of enactment of this Act, SEC. 731. REPEAL OF THE SAN JOAQUIN RIVER Reclamation, may partner or enter into an and regardless of the date of listing, the Sec- SETTLEMENT. agreement relating to the water storage retaries of the Interior and Commerce shall As of the date of enactment of this Act, the projects described in section 103(d)(1) of the not distinguish between natural-spawned and Secretary shall cease any action to imple- Water Supply, Reliability, and Environ- hatchery-spawned (or otherwise artificially ment the Stipulation of Settlement, Natural mental Improvement Act (Public Law 108– propagated strains of a species) in making Resources Defense Council, Inc. v. Rodgers, 361; 118 Stat. 1684) with local joint powers au- any determination under the Endangered No. Civ. S–88–1658 LKK/GGH (E.D. Cal. Sept. thorities formed under State law by irriga- Species Act of 1973 (16 U.S.C. 1531 et seq.) 13, 2006).

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6817 SEC. 732. PURPOSE. operation with the State of California, a rea- (C) by striking paragraph (2) and inserting Section 10002 of the San Joaquin River sonable plan— the following: Restoration Settlement Act (Public Law 111– ‘‘(A) to fully recirculate, recapture, reuse, ‘‘(2) CONDITIONS FOR RELEASE.—The Sec- 11; 123 Stat. 1349) is amended by striking exchange, or transfer all Restoration Flows; retary may release Restoration Flows to the ‘‘implementation of the Settlement’’ and in- and extent that the flows would not exceed exist- serting ‘‘restoration of the San Joaquin ‘‘(B) to provide the recirculated, recap- ing downstream channel capacities.’’; River’’. tured, reused, exchanged, or transferred (D) in paragraph (3), by striking ‘‘Interim’’ SEC. 733. DEFINITIONS. flows to those contractors within the Friant and inserting ‘‘Restoration’’; and Section 10003 of the San Joaquin River Division, Hidden Unit, and Buchanan Unit of (E) by striking paragraph (4) and inserting Restoration Settlement Act (Public Law 111– the Central Valley Project that relinquished the following: 11; 123 Stat. 1349) is amended— the Restoration Flows that were recir- ‘‘(4) CLAIMS.—Not later than 60 days after (1) by redesignating paragraphs (2) and (3) culated, recaptured, reused, exchanged, or the date of enactment of the Sacramento and as paragraphs (3) and (4), respectively; transferred. San Joaquin Valleys Water Reliability Act, (2) by striking paragraph (1) and inserting ‘‘(4) The plan described in paragraph (3) the Secretary shall issue, by regulation, a the following: shall— claims process to address claims, including ‘‘(1) CRITICAL WATER YEAR.—The term ‘crit- ‘‘(A) address any impact on groundwater groundwater seepage, flooding, or levee in- ical water year’ means a year in which the resources within the service area of the stability damages caused as a result of, aris- total unimpaired runoff at Friant Dam is Friant Division, Hidden Unit, and Buchanan ing out of, or related to implementation of less than 400,000 acre-feet, as forecasted as of Unit of the Central Valley Project and miti- this subtitle.’’; March 1 of that water year by the California gation may include groundwater banking (9) in subsection (i)— Department of Water Resources. and recharge projects; (A) in paragraph (1)— ‘‘(2) RESTORATION FLOWS.—The term ‘Res- ‘‘(B) not impact the water supply or water (i) in the matter preceding subparagraph toration Flows’ means the additional water rights of any entity outside the Friant Divi- (A), by striking ‘‘the Settlement and parts I released or bypassed from Friant Dam to en- sion, Hidden Unit, and Buchanan Unit of the and III’’ and inserting ‘‘this part’’; sure that the target flow entering Mendota Central Valley Project; and (ii) in subparagraph (A), by inserting Pool, located approximately 62 river miles ‘‘(C) be subject to applicable provisions of ‘‘and’’ after the semicolon; downstream from Friant Dam, does not fall California water law and the use by the Sec- (iii) in subparagraph (B)— below a speed of 50 cubic feet per second.’’; retary of the Interior of Central Valley (I) by striking ‘‘additional amounts au- and Project facilities to make Project water thorized to be appropriated, including the’’; (3) by striking paragraph (4) (as redesig- (other than water released from Friant Dam and nated by paragraph (1)) and inserting the fol- under this part) and water acquired through (II) by striking ‘‘; and’’ and inserting a pe- lowing: transfers available to existing south of Delta riod; and (iv) by striking subparagraph (C); and ‘‘(4) WATER YEAR.—The term ‘water year’ Central Valley Project contractors.’’; means the period beginning March 1 of a (2) in subsection (b)— (B) by striking paragraph (3); and given year and ending on the last day of Feb- (A) in paragraph (1), by striking ‘‘the Set- (10) by adding at the end the following: ‘‘(k) NO IMPACTS ON OTHER INTERESTS.— ruary of the following calendar year.’’. tlement’’ and inserting ‘‘this part’’; and ‘‘(1) IN GENERAL.—No Central Valley SEC. 734. IMPLEMENTATION OF RESTORATION. (B) in paragraph (2), by striking ‘‘the Set- tlement’’ and inserting ‘‘this part’’; Project or other water (other than San Joa- Section 10004 of the San Joaquin River quin River water impounded by or bypassed Restoration Settlement Act (Public Law 111– (3) in subsection (c), by striking ‘‘the Set- tlement’’ and inserting ‘‘this part’’; from Friant Dam) shall be used to imple- 11; 123 Stat. 1350) is amended— ment subsection (a)(2) unless the use is on a (1) in subsection (a)— (4) by striking subsection (d) and inserting the following: voluntary basis. (A) by striking ‘‘hereby authorized and di- ‘‘(2) INVOLUNTARY COSTS.—No cost associ- rected’’ and all that follows through ‘‘in the ‘‘(d) MITIGATION OF IMPACTS.— ated with the implementation of this section Settlement:’’ and inserting ‘‘may carry out ‘‘(1) IN GENERAL.—Not later than October 1, shall be imposed directly or indirectly on the following:’’; 2013 and subject to paragraph (2), the Sec- any Central Valley Project contractor, or (B) by striking paragraphs (1), (2), (4), and retary shall identify— any other person or entity, outside the (5); ‘‘(A) the impacts associated with the re- Friant Division, the Hidden Unit, or the (C) by redesignating paragraph (3) as para- lease of Restoration Flows prescribed in this Buchanan Unit, unless the cost is incurred graph (1); part; and on a voluntary basis. (D) in paragraph (1) (as redesignated by ‘‘(B) the measures to be implemented to ‘‘(3) REDUCTION IN WATER SUPPLIES.—The subparagraph (C)), by striking ‘‘paragraph 13 mitigate impacts on adjacent and down- implementation of this part shall not di- of the Settlement’’ and inserting ‘‘this stream water users, landowners, and agen- rectly or indirectly reduce any water supply part’’; and cies as a result of Restoration Flows. or water reliability on any Central Valley (E) by adding at the end the following : ‘‘(2) MITIGATION MEASURES.—Before imple- Project contractor, any State Water Project ‘‘(2) In each water year, beginning in the menting a decision or agreement to con- contractor, or any other person or entity, water year commencing on March 1, 2013, the struct, improve, operate, or maintain a facil- outside the Friant Division, the Hidden Unit, Secretary— ity that the Secretary determines is nec- or the Buchanan Unit, unless the reduction ‘‘(A) shall modify Friant Dam operations essary to implement this part, the Secretary or cost is incurred on a voluntary basis. to release the Restoration Flows for that shall implement all mitigation measures ‘‘(l) PRIORITY.—Each action taken under water year, unless the year is a critical identified in paragraph (1)(B) before the date this part shall be subordinate to the use by water year; on which Restoration Flows are com- the Secretary of Central Valley Project fa- ‘‘(B) shall ensure that— menced.’’; cilities to make Project water available to ‘‘(i) the release of Restoration Flows are (5) in subsection (e), by striking ‘‘the Set- Project contractors, other than water re- maintained at the level prescribed by this tlement’’ and inserting ‘‘this part’’; leased from the Friant Dam under this part. part; and (6) in subsection (f), by striking ‘‘the Set- ‘‘(m) APPLICABILITY.— ‘‘(ii) Restoration Flows do not reach down- tlement and section 10011’’ and inserting ‘‘(1) IN GENERAL.—Notwithstanding section stream of Mendota Pool; ‘‘this part’’; 8 of the Act of June 17, 1902 (32 Stat. 390, ‘‘(C) shall release the Restoration Flows in (7) in subsection (g)— chapter 1093), except as provided in this part a manner that improves the fishery in the (A) by striking ‘‘the Settlement and’’; and and subtitle D of the Sacramento and San San Joaquin River below Friant Dam and up- (B) by striking ‘‘or exchange contract’’ and Joaquin Valleys Water Reliability Act, this stream of Gravelly Ford, Nevada, as in exist- inserting ‘‘exchange contract, water rights part— ence on the date of the enactment of the settlement, or holding contract’’; ‘‘(A) preempts and supersedes any State Sacramento and San Joaquin Valleys Water (8) in subsection (h)— law, regulation, or requirement that imposes Reliability Act, including the associated ri- (A) by striking ‘‘INTERIM’’ in the header; more restrictive requirements or regulations parian habitat; and (B) in paragraph (1)— on the activities authorized under this part; ‘‘(D) may, without limiting the actions re- (i) in the matter preceding subparagraph and quired under subparagraphs (A) and (C) and (A), by striking ‘‘Interim Flows under the ‘‘(B) does not alter or modify any obliga- subject to paragraph (3) and subsection (l), Settlement’’ and inserting ‘‘Restoration tion of the Friant Division, Hidden Unit, and use the Restoration Flows to enhance or re- Flows under this part’’; Buchanan Unit of the Central Valley store a warm water fishery downstream of (ii) in subparagraph (C)— Project, or other water users on the San Joa- Gravelly Ford, Nevada, including to Mendota (I) in clause (i), by striking ‘‘Interim’’ and quin River, or tributaries of the San Joaquin Pool, if the Secretary determines that the inserting ‘‘Restoration’’; and River, under any order issued by the State action is reasonable, prudent, and feasible. (II) in clause (ii), by inserting ‘‘and’’ after Water Resources Control Board under the ‘‘(3) Not later than 1 year after the date of the semicolon; Porter-Cologne Water Quality Control Act enactment of the Sacramento and San Joa- (iii) in subparagraph (D), by striking ‘‘and’’ (California Water Code section 13000 et seq.). quin Valleys Water Reliability Act, the Sec- at the end; and ‘‘(2) APPLICABILITY.—An order described in retary shall develop and implement, in co- (iv) by striking subparagraph (E); paragraph (1)(B) shall be consistent with any

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6818 CONGRESSIONAL RECORD — SENATE November 14, 2012 congressional authorization for any affected (1) by striking ‘‘not a party to the Settle- (ii) by striking ‘‘the Interim Flows or Res- Federal facility relating to the Central Val- ment’’; and toration Flows or to facilitate the Water ley Project. (2) by striking ‘‘or the Settlement’’ and in- Management Goal’’ and inserting ‘‘Restora- ‘‘(n) PROJECT IMPLEMENTATION.—Any serting ‘‘unless otherwise provided by this tion Flows’’. project to implement this part shall be part, but any Central Valley Project long- SEC. 741. REPEAL. phased such that each project shall include— term water service or repayment contractor Section 10011 of the San Joaquin River ‘‘(1) the project purpose and need; within the Friant Division, Hidden unit, or Restoration Settlement Act (Public Law 111– ‘‘(2) identification of mitigation measures; Buchanan unit adversely affected by the fail- 11; 123 Stat. 1362) is repealed. ‘‘(3) appropriate environmental review; and ure of the Secretary to comply with section ‘‘(4) prior to releasing Restoration Flows 10004(a)(3) may bring an action against the SEC. 742. WATER SUPPLY MITIGATION. under this part the completion of the any re- Secretary for injunctive relief, damages, or Section 10202(b) of the San Joaquin River quired mitigation measures and the comple- both.’’. Restoration Settlement Act (Public Law 111– tion of the project.’’. SEC. 739. IMPLEMENTATION. 11; 123 Stat. 1365) is amended— (1) in paragraph (1), by striking ‘‘the In- SEC. 735. DISPOSAL OF PROPERTY; TITLE TO FA- Section 10009 of the San Joaquin River CILITIES. Restoration Settlement Act (Public Law 111– terim or Restoration Flows authorized in Section 10005 of the San Joaquin River 11; 123 Stat. 1355) is amended— part I of this subtitle’’ and inserting ‘‘Res- Restoration Settlement Act (Public Law 111– (1) in the section heading, by striking ‘‘; toration Flows authorized in this part’’; 11; 123 Stat. 1353) is amended— SETTLEMENT FUND’’; (2) in paragraph (2), by striking ‘‘the In- (1) in subsection (a), by striking ‘‘the Set- (2) in subsection (a)— terim or Restoration Flows authorized in tlement authorized by this part’’ and insert- (A) in paragraph (1)— part I of this subtitle’’ and inserting ‘‘Res- ing ‘‘this part’’; (i) by striking ‘‘the Settlement’’ the first toration Flows authorized in this part’’; and (2) in subsection (b)— place it appears and inserting ‘‘this part’’; (3) in paragraph (3)— (A) in paragraph (1)— (ii) by striking ‘‘, estimated to total’’ and (A) in subparagraph (A), by striking ‘‘meet the Restoration Goal as described in part I of (i) by striking ‘‘(1) IN GENERAL.—The Sec- all that follows through ‘‘subsection (b)(1),’’; retary’’ and inserting ‘‘The Secretary’’; and and this subtitle’’ and inserting ‘‘recover Res- (ii) by striking ‘‘the Settlement authorized (iii) by striking ‘‘; provided however,’’ and toration Flows as described in this part’’; by this part’’ and inserting ‘‘this part’’; and all that follows through ‘‘$110,000,000 of State (B) in subparagraph (C)— (B) by striking paragraph (2); and funds’’; (i) by striking ‘‘the Interim or Restoration (3) in subsection (c)— (B) in paragraph (2)— Flows authorized in part I of this subtitle’’ (A) in paragraph (1), by striking ‘‘the Set- (i) in subparagraph (A), by striking ‘‘(A) IN and inserting ‘‘Restoration Flows authorized tlement’’ and inserting ‘‘this part’’; GENERAL.—The Secretary’’ and inserting in this part’’; and (B) in paragraph (2)— ‘‘The Secretary’’; and (ii) by striking ‘‘, and for ensuring appro- (i) by striking ‘‘through the exercise of its (ii) by striking subparagraph (B); and priate adjustment in the recovered water ac- eminent domain authority’’; and (C) in paragraph (3)— count pursuant to section 10004(a)(5)’’. (ii) by striking ‘‘the Settlement’’ and in- (i) by striking ‘‘Except as provided in the SEC. 743. ADDITIONAL AUTHORITIES. serting ‘‘this part’’; and Settlement, to’’ and inserting ‘‘To’’; and Section 10203 of the San Joaquin River (C) in paragraph (3), by striking ‘‘section (ii) by striking ‘‘this Settlement’’ and in- Restoration Settlement Act (Public Law 111– 10009(c)’’ and inserting ‘‘section 10009’’. serting ‘‘this part’’; 11; 123 Stat. 1367) is amended— (3) in subsection (b)(1)— SEC. 736. COMPLIANCE WITH APPLICABLE LAW. (1) in subsection (b)— (A) by striking ‘‘In addition’’ and all that Section 10006 of the San Joaquin River (A) by striking ‘‘section 10004(a)(4)’’ and in- follows through ‘‘however, that the’’ and in- Restoration Settlement Act (Public Law 111– serting ‘‘section 10004(a)(3)’’; and serting ‘‘The’’; 11; 123 Stat. 1354) is amended— (B) by striking ‘‘, provided’’ and all that (B) by striking ‘‘such additional appropria- (1) in subsection (a)— follows through ‘‘section 10009(f)(2)’’; and tions only in amounts equal to’’; and (2) by striking subsection (c). (A) in paragraph (1), by inserting ‘‘, unless (C) by striking ‘‘or the Settlement’’; otherwise provided by this part’’ before the (4) in subsection (c)— Subtitle C—Repayment Contracts and Accel- period at the end; and (A) in paragraph (1)— eration of Repayment of Construction (B) in paragraph (2), by striking ‘‘the Set- (i) in the matter preceding subparagraph Costs tlement’’ and inserting ‘‘this part’’; (A), by striking ‘‘the Settlement’’ and insert- SEC. 751. REPAYMENT CONTRACTS AND ACCEL- (2) in subsection (b), by inserting ‘‘, unless ing ‘‘this part’’; ERATION OF REPAYMENT OF CON- otherwise provided by this part’’ before the (ii) in subparagraph (C), by striking ‘‘from STRUCTION COSTS. period at the end; the sale of water pursuant to the Settle- (a) CONVERSION OF CONTRACTS.— (3) in subsection (c)— ment, or’’; and (1) CERTAIN CONTRACTS.— (A) in paragraph (2), by striking ‘‘section (iii) in subparagraph (D), by striking ‘‘the (A) IN GENERAL.—Not later than 1 year 10004’’ and inserting ‘‘this part’’; and Settlement’’ and inserting ‘‘this part’’; after the date enactment of this Act, the (B) in paragraph (3), by striking ‘‘the Set- (B) in paragraph (2), by striking ‘‘the Set- Secretary of the Interior, on the request of a tlement’’ and inserting ‘‘this part’’; and tlement and’’; and contractor, shall convert all existing long- (4) in subsection (d)— (5) by striking subsections (d) through (f). term Central Valley Project contracts en- (A) by inserting ‘‘, including, without limi- SEC. 740. REPAYMENT CONTRACTS AND ACCEL- tered into under section 9(e) of the Act of tation, the costs of implementing sub- ERATION OF REPAYMENT OF CON- August 4, 1939 (53 Stat. 1196, chapter 418), to sections (d) and (h)(4) of section 10004,’’ after STRUCTION COSTS. a contract under section 9(d) of that Act (53 ‘‘implementing this part’’; and Section 10010 of the San Joaquin River Stat. 1195), under mutually agreeable terms (B) by striking ‘‘for implementation of the Restoration Settlement Act (Public Law 111– and conditions. Settlement,’’. 11; 123 Stat. 1358) is amended— (B) RESTRICTIONS.—A contract converted SEC. 737. COMPLIANCE WITH CENTRAL VALLEY (1) in paragraphs (3)(D) and (4)(C) of sub- under subparagraph (A) shall— PROJECT IMPROVEMENT ACT. section (a), by striking ‘‘the Settlement (i) require the repayment, either in lump Section 10007 of the San Joaquin River and’’ each place it appears; sum or by accelerated prepayment, of the re- Restoration Settlement Act (Public Law 111– (2) in subsection (c), by striking paragraph maining amount of construction costs iden- 11; 123 Stat. 1354) is amended— (3); tified in the most current version of the Cen- (1) in the matter preceding paragraph (1)— (3) in subsection (d)(1), by striking ‘‘the tral Valley Project Schedule of Irrigation (A) by striking ‘‘the Settlement’’ and in- Settlement’’ each place it appears and in- Capital Allocations by Contractor, as ad- serting ‘‘the enactment of this part’’; and serting ‘‘this part’’; justed to reflect payments not reflected in (B) by inserting: ‘‘and the obligations of (4) in subsection (e)— that schedule and properly assignable for ul- the Secretary and all other parties to pro- (A) in paragraph (1)— timate return by the contractor, not later tect and keep in good condition any fish that (i) by striking ‘‘Interim Flows or Restora- than January 31, 2013 (or if made in approxi- may be planted or exist below Friant Dam, tion Flows, pursuant to paragraphs 13 or 15 mately equal annual installments, not later including any obligations under section 5937 of the Settlement’’ and inserting ‘‘Restora- than January 31, 2016), which amount shall of the California Fish and Game Code and tion Flows, pursuant to this part’’; be discounted by the Treasury rate (defined the public trust doctrine, and those of the (ii) by striking ‘‘Interim Flows or’’ before as the 20-year Constant Maturity Treasury Secretary and all other parties under the En- ‘‘Restoration Flows’’; and rate published by the Department of the dangered Species Act of 1973 (16 U.S.C. 1531 et (iii) by striking ‘‘the Interim Flows or Res- Treasury as of October 1, 2012); seq.)’’ before ‘‘, provided’’; and toration Flows or is intended to otherwise (ii) require that, notwithstanding sub- (2) in paragraph (1), by striking ‘‘, as pro- facilitate the Water Management Goal, as section (c)(2), construction costs or other vided in the Settlement’’. described in the Settlement’’ and inserting capitalized costs incurred after the effective SEC. 738. NO PRIVATE RIGHT OF ACTION. ‘‘Restoration Flows’’; and date of the converted contract or not re- Section 10008(a) of the San Joaquin River (B) in paragraph (2)— flected in the schedule described in clause (i) Restoration Settlement Act (Public Law 111– (i) by striking ‘‘except as provided in para- and properly assignable to that contractor, 11; 123 Stat. 1355) is amended— graph 16(b) of the Settlement’’; and shall be repaid—

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(I) in not more than 5 years after the date (B) TERMS.—The term of an additional re- water right priorities established by State on which the contractor is notified of the al- payment contract described in subparagraph law. location if that amount is a result of a col- (A) shall be— SEC. 762. SACRAMENTO RIVER SETTLEMENT lective annual allocation of capital costs to (i) for not less than 1 year and not more CONTRACTS. the contractors exercising contract conver- than 10 years; and (a) IN GENERAL.—In carrying out the En- sions under this subsection of less than (ii) based on mutually agreeable provisions dangered Species Act of 1973 (16 U.S.C. 1531 et $5,000,000; or regarding the rate of repayment of the seq.) in the Bay-Delta and on the Sac- (II) if the allocation of capital costs de- amount developed by the parties. ramento River, the Secretary of the Interior scribed in subclause (I) equal $5,000,000 or (3) CREDITS.—If the final cost allocation in- and the Secretary of Commerce shall apply more, as provided by applicable reclamation dicates that the costs properly assignable to any limitations on the operation of the Cen- law, subject to the condition that the ref- the contractor are less than the amount that tral Valley Project or relating to the formu- erence to the amount of $5,000,000 shall not the contractor has paid, the Secretary of the lation of any reasonable prudent alternative be a precedent in any other context; and Interior shall credit the amount of the over- associated with the operation of the Central (iii) provide that power revenues will not payment as an offset against any out- Valley Project in a manner that strictly ad- be available to aid in the repayment of con- standing or future obligation of the con- heres to and applies the water rights prior- struction costs allocated to irrigation under tractor. ities for project water and base supply as the contract. (c) APPLICABILITY OF CERTAIN PROVI- provided in the Sacramento River Settle- ment Contracts. (C) ESTIMATE.—Not later than 180 days SIONS.— (1) IN GENERAL.—Notwithstanding any re- (b) APPLICABILITY.—Article 3(i) of the Sac- after the date of enactment of this Act, the ramento River Settlement Contracts shall Secretary of the Interior shall provide to payment obligation under subsection (a)(1)(B)(ii) or subsection (b), on the compli- not be used by the Secretary of the Interior each contractor an estimate of the remain- or any other Federal agency head as means ing amount of construction costs under sub- ance of a contractor with and discharge of the obligation of repayment of the construc- to provide shortages that are different from paragraph (B)(i) as of January 31, 2013, as ad- those provided for in Article 5(a) of the Sac- justed. tion costs under that subsection, the owner- ship and full-cost pricing limitations of any ramento River Settlement Contracts. (2) OTHER CONTRACTS.— SEC. 763. SACRAMENTO RIVER WATERSHED (A) IN GENERAL.—Not later than 1 year provision of the reclamation laws shall not apply to land in that district. WATER SERVICE CONTRACTORS. after the date of enactment of this Act, on (a) EXISTING CENTRAL VALLEY PROJECT AG- (2) OTHER CONTRACTS.—Notwithstanding the request of a contractor, the Secretary RICULTURAL WATER SERVICE CONTRACTORS any repayment obligation under paragraph may convert any Central Valley Project WITHIN SACRAMENTO RIVER WATERSHED.—In (1)(B)(ii) or (2)(B)(ii) of subsection (a) or sub- long-term contract entered into under sec- this section, the term ‘‘existing Central Val- section (b), on the compliance of a con- tion 9(c)(2) of the Act of August 4, 1939 (chap- ley Project agricultural water service con- tractor with and discharge of the obligation ter 418; 53 Stat. 1194) to a contract under sec- tractors within the Sacramento River Water- of repayment of the construction costs under tion 9(c)(1) of that Act, under mutually shed’’ means water service contractors with- that subsection, the contractor shall con- agreeable terms and conditions. in the Shasta, Trinity, and Sacramento tinue to pay applicable operation and main- (B) RESTRICTIONS.—A contract converted River Divisions of the Central Valley Project tenance costs and other charges applicable under subparagraph (A) shall— that have a water service contract in effect to the repayment contracts pursuant to (i) require the repayment in lump sum of on the date of enactment of this Act that then-current rate-setting policy and applica- the remaining amount of construction costs provides water for irrigation. ble law. identified in the most current version of the (b) ALLOCATION OF WATER.—Subject to sub- (d) CERTAIN REPAYMENT OBLIGATIONS NOT Central Valley Project Schedule of Munic- section (c) and the absolute priority of the ALTERED.—This section does not— Sacramento River Settlement Contractors to ipal and Industrial Water Rates, as adjusted (1) alter the repayment obligation of any Sacramento River supplies over Central Val- to reflect payments not reflected in that other long-term water service or repayment ley Project diversions and deliveries to other schedule and properly assignable for ulti- contractor receiving water from the Central contractors, the Secretary of the Interior mate return by the contractor, not later Valley Project; or shall, in the operation of the Central Valley than January 31, 2016; and (2) shift any costs that would otherwise Project, allocate water provided for irriga- (ii) require that, notwithstanding sub- have been properly assignable to a con- tion purposes to existing Central Valley section (c)(2), construction costs or other tractor absent this section, including oper- Project agricultural water service contrac- capitalized costs incurred after the effective ations and maintenance costs, construction tors within the Sacramento River Watershed date of the contract or not reflected in the costs, or other capitalized costs incurred as follows: Schedule described in clause (i), and properly after the date of enactment of this Act, to (1) Not less than 100 percent of the contract assignable to that contractor, shall be re- other contractors. quantities in a ‘‘Wet’’ year (as that term is paid— (e) STATUTORY INTERPRETATION.—Nothing defined in the Sacramento Valley Water (I) in not more than 5 years after the date in this subtitle affects the right of any long- Year Type (40–30–30) Index). on which the contractor is notified of the al- term contractor to use a particular type of (2) Not less than 100 percent of the contract location if the amount is a result of a collec- financing to make the payments required in quantities in an ‘‘Above Normal’’ year (as tive annual allocation of capital costs to the paragraph (1)(B)(i) or (2)(B)(i) of subsection that term is defined in the Sacramento Val- contractors exercising contract conversions (a). under this subsection of less than $5,000,000; ley Water Year Type (40–30–30) Index). Subtitle D—Bay-Delta Watershed Water (3) Not less than 100 percent of the contract or Rights Preservation and Protection (II) if the allocation of capital costs de- quantities in a ‘‘Below Normal’’ year (as scribed in subclause (I) equal $5,000,000 or SEC. 761. WATER RIGHTS AND AREA-OF-ORIGIN that term is defined in the Sacramento Val- PROTECTIONS. more, as provided by applicable reclamation ley Water Year Type (40–30–30) Index). Notwithstanding the provisions of this law, subject to the condition that the ref- (4) Not less than 75 percent of the contract title, Federal reclamation law, or the Endan- erence to the amount of $5,000,000 shall not quantities in a ‘‘Dry’’ year (as that term is gered Species Act of 1973 (16 U.S.C. 1531 et defined in the Sacramento Valley Water be a precedent in any other context. seq.)— Year Type (40–30–30) Index). (C) ESTIMATE.—Not later than 180 days (1) the Secretary of the Interior shall, in (5) Not less than 50 percent of the contract after the date of enactment of this Act, the the operation of the Central Valley Project— quantities in a ‘‘Critically Dry’’ year (as Secretary of the Interior shall provide to (A) strictly adhere to State water rights that term is defined in the Sacramento Val- each contractor an estimate of the remain- law governing water rights priorities by hon- ley Water Year Type (40–30–30) Index). ing amount of construction costs under sub- oring water rights senior to those belonging (c) PROTECTION OF MUNICIPAL AND INDUS- paragraph (B)(i) as of January 31, 2016, as ad- to the Central Valley Project, regardless of TRIAL SUPPLIES.— justed. the source of priority; and (1) IN GENERAL.—Nothing in this section— (b) FINAL ADJUSTMENT.— (B) strictly adhere to and honor water (A) modifies any provision of a water serv- (1) IN GENERAL.—The amounts paid pursu- rights and other priorities that are obtained ice contract that addresses municipal and in- ant to subsection (a) shall be subject to ad- or exist pursuant to the California Water dustrial water shortage policies of the Sec- justment following a final cost allocation by Code, including sections 10505, 10505:5, 11128, retary of the Interior; the Secretary of the Interior on completion 11460, 11463, and 12220; and (B) affects or limits the authority of the of the construction of the Central Valley (2) any action that affects the diversion of Secretary of the Interior— Project. water or involves the release of water from (i) to adopt or modify municipal and indus- (2) REPAYMENT OBLIGATION.— any Central Valley Project water storage fa- trial water shortage policies; or (A) IN GENERAL.—If the final cost alloca- cility taken by the Secretary of the Interior (ii) to implement municipal and industrial tion indicates that the costs properly assign- or the Secretary of Commerce to conserve, water shortage policies; or able to the contractor are greater than the enhance, recover, or otherwise protect any (C) affects allocations to Central Valley amount that has been paid by the con- species listed under the Endangered Species Project municipal and industrial contractors tractor, the contractor shall pay the remain- Act of 1973 (16 U.S.C. 1531 et seq.) shall be ap- pursuant to the water shortage policies of ing allocated costs. plied in a manner that is consistent with the Secretary of the Interior.

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(2) APPLICABILITY.—This section does not ‘‘(B) Stormwater discharges subject to reg- national ambient air quality standard appli- constrain, govern, or affect, directly or indi- ulation under subsection (p). cable to coarse particulate matter that— rectly, the operations of the American River ‘‘(C) The following discharges subject to (1) maximizes transparency and predict- Division of the Central Valley Project or any regulation under this section: ability for States, Indian tribes, and local deliveries from that Division, including the ‘‘(i) Manufacturing or industrial effluent. governments; and units and facilities of that Division. ‘‘(ii) Treatment works effluent. (2) minimizes the regulatory and cost bur- SEC. 764. NO REDIRECTED ADVERSE IMPACTS. ‘‘(iii) Discharges incidental to the normal dens States, Indian tribes, and local govern- The Secretary of the Interior shall ensure operation of a vessel, including a discharge ments bear in excluding those events. that there are no redirected adverse water resulting from ballasting operations or ves- SEC. 905. IMPACTS OF EPA REGULATORY ACTIV- supply or fiscal impacts to the State Water sel biofouling prevention.’’. ITY ON EMPLOYMENT AND ECO- Project or to individuals within the Sac- NOMIC ACTIVITY IN AGRICULTURE TITLE IX—FARM DUST REGULATION COMMUNITY. ramento River or San Joaquin River water- PREVENTION (a) DEFINITIONS.—In this section: shed arising from the operation of the Sec- SEC. 901. SHORT TITLE. (1) COVERED ACTION.—The term ‘‘covered retary of the Central Valley Project to meet This title may be cited as the ‘‘Farm Dust action’’ means any of the following actions legal obligations imposed by or through any Regulation Prevention Act of 2012’’. taken by the Administrator under the Clean Federal or State agency, including— SEC. 902. TEMPORARY PROHIBITION AGAINST RE- Air Act (42 U.S.C. 7401 et seq.) relating to ag- (1) the Endangered Species Act of 1973 (16 VISING ANY NATIONAL AMBIENT AIR riculture and the national primary ambient U.S.C. 1531 et seq.); QUALITY STANDARD APPLICABLE air quality standard or the national sec- (2) this title; and TO COARSE PARTICULATE MATTER. ondary ambient air quality standard for par- (3) actions or activities implemented to Before the date that is 1 year after the ticulate matter: meet the twin goals of improving water sup- date of enactment of this Act, the Adminis- (A) Promulgating or issuing a regulation, ply and addressing the environmental needs trator of the Environmental Protection policy statement, guidance, response to a pe- of the Bay-Delta. Agency (referred to in this title as the ‘‘Ad- tition, or other requirement. Subtitle E—Miscellaneous ministrator’’) may not propose, finalize, im- (B) Implementing a new or substantially SEC. 771. PRECEDENT. plement, or enforce any regulation revising altered program. Congress finds that— the national primary ambient air quality (2) MORE THAN A DE MINIMIS NEGATIVE IM- (1) coordinated operations between the standard or the national secondary ambient PACT.—The term ‘‘more than a de minimis Central Valley Project and the State Water air quality standard applicable to particu- negative impact’’ means— Project, as consented to and requested by late matter with an aerodynamic diameter (A) with respect to employment levels, a the State of California and the Federal Gov- greater than 2.5 micrometers under section loss of more than 100 jobs relating to the ag- ernment, require the assertion of Federal su- 109 of the Clean Air Act (42 U.S.C. 7409). riculture industry, as calculated by exclud- premacy to protect existing water rights SEC. 903. NUISANCE DUST. ing consideration of any offsetting job gains throughout the system, a circumstance that Part A of title I of the Clean Air Act (42 that result from the hypothetical creation of is unique to the State of California; and U.S.C. 7401 et seq.) is amended by adding at new jobs through new technologies or gov- (2) this title should not serve as precedent the end the following: ernment employment; and for similar operations in any other State. ‘‘SEC. 132. REGULATION OF NUISANCE DUST PRI- (B) with respect to economic activity, a de- MARILY BY STATE, TRIBAL, AND crease in agricultural economic activity of TITLE VIII—REDUCING REGULATORY LOCAL GOVERNMENTS. BURDENS more than $1,000,000 over any calendar year, ‘‘(a) DEFINITION OF NUISANCE DUST.—In this as calculated by excluding consideration of SEC. 801. SHORT TITLE. section: any offsetting economic activity that results This title may be cited as the ‘‘Reducing ‘‘(1) IN GENERAL.—The term ‘nuisance dust’ from the hypothetical creation of new eco- Regulatory Burdens Act of 2012’’. means particulate matter that— nomic activity through new technologies or SEC. 802. USE OF AUTHORIZED PESTICIDES. ‘‘(A) is generated primarily from natural government employment. Section 3(f) of the Federal Insecticide, sources, unpaved roads, agricultural activi- (b) ANALYSIS OF IMPACTS OF ACTIONS ON Fungicide, and Rodenticide Act (7 U.S.C. ties, earth moving, or other activities typi- EMPLOYMENT AND ECONOMIC ACTIVITY IN THE 136a(f)) is amended by adding at the end the cally conducted in rural areas; AGRICULTURE COMMUNITY.— following: ‘‘(B) consists primarily of soil, other nat- (1) ANALYSIS.—Before taking a covered ac- ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex- ural or biological materials, or some com- tion, the Administrator shall analyze the im- cept as provided in section 402(s) of the Fed- bination of those materials; pact, disaggregated by State, of the covered eral Water Pollution Control Act (33 U.S.C. ‘‘(C) is not emitted directly into the ambi- action on— 1342(s)), the Administrator or a State may ent air from combustion, such as exhaust (A) employment levels in the agriculture not require a permit under that Act for a dis- from combustion engines and emissions from industry; and charge from a point source into navigable stationary combustion processes; and (B) agricultural economic activity, includ- waters of a pesticide authorized for sale, dis- ‘‘(D) is not comprised of residuals from the ing estimated job losses and decreased eco- tribution, or use under this Act, or the res- combustion of coal. nomic activity relating to agriculture. idue of the pesticide, resulting from the ap- ‘‘(2) EXCLUSION.—The term ‘nuisance dust’ (2) ECONOMIC MODELS.— plication of the pesticide.’’. does not include radioactive particulate (A) IN GENERAL.—In carrying out para- SEC. 803. DISCHARGES OF PESTICIDES. matter produced from uranium mining or graph (1), the Administrator shall use the Section 402 of the Federal Water Pollution processing. best available economic models. Control Act (33 U.S.C. 1342) is amended by ‘‘(b) APPLICABILITY.—Except as provided in (B) ANNUAL GAO REPORT.—Not later than adding at the end the following: subsection (c), this Act does not apply to, December 31 of each year, the Comptroller ‘‘(s) DISCHARGES OF PESTICIDES.— and references in this Act to particulate General of the United States shall submit to ‘‘(1) NO PERMIT REQUIREMENT.—Except as matter are deemed to exclude, nuisance dust. Congress a report on the economic models provided in paragraph (2), a permit shall not ‘‘(c) EXCEPTION.—Subsection (a) does not used by the Administrator to carry out this be required by the Administrator or a State apply with respect to any geographical area subsection. under this Act for a discharge from a point in which nuisance dust is not regulated (3) AVAILABILITY OF INFORMATION.—With re- source into navigable waters of a pesticide under State, tribal, or local law insofar as spect to any covered action, the Adminis- authorized for sale, distribution, or use the Administrator, in consultation with the trator shall— under the Federal Insecticide, Fungicide, Secretary of Agriculture, finds that— (A) post the analysis under paragraph (1) and Rodenticide Act (7 U.S.C. 136 et seq.), or ‘‘(1) nuisance dust (or any subcategory of as a link on the main page of the public the residue of the pesticide, resulting from nuisance dust) causes substantial adverse Internet website of the Environmental Pro- the application of the pesticide. public health and welfare effects at ambient tection Agency; ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not concentrations; and (B) request the Secretary of Agriculture to apply to the following discharges of a pes- ‘‘(2) the benefits of applying standards and post the analysis under paragraph (1) as a ticide or pesticide residue: other requirements of this Act to nuisance link on the main page of the public Internet ‘‘(A) A discharge resulting from the appli- dust (or a subcategory of nuisance dust) out- website of the Department of Agriculture; cation of a pesticide in violation of a provi- weigh the costs (including local and regional and sion of the Federal Insecticide, Fungicide, economic and employment impacts) of ap- (C) request that the Governor of any State and Rodenticide Act (7 U.S.C. 136 et seq.) plying those standards and other require- experiencing more than a de minimis nega- that is relevant to protecting water quality, ments to nuisance dust (or a subcategory).’’. tive impact post the analysis on the main if— SEC. 904. SENSE OF CONGRESS. page of the public Interest website of the ‘‘(i) the discharge would not have occurred It is the sense of Congress that the Admin- State. but for the violation; or istrator should implement an approach to (c) PUBLIC HEARINGS.— ‘‘(ii) the quantity of a pesticide or pes- excluding so-called ‘‘exceptional events’’, or (1) IN GENERAL.—If the Administrator con- ticide residue in the discharge is greater events that are not reasonably controllable cludes under subsection (a)(1) that a covered than would have occurred without the viola- or preventable, from determinations of action will have more than a de minimis neg- tion. whether an area is in compliance with any ative impact on agricultural employment

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6821 levels or agricultural economic activity in a ‘‘(E) Implementation and enforcement of permitting requirement or an emissions State, the Administrator shall hold a public section 821 (42 U.S.C. 7651k note) of Public standard for a greenhouse gas to address cli- hearing in each such State at least 30 days Law 101–549 (commonly referred to as the mate change. before the effective date of the covered ac- ‘Clean Air Act Amendments of 1990’). ‘‘(5) STATE ACTION.— tion. ‘‘(3) INAPPLICABILITY OF PROVISIONS.—Noth- ‘‘(A) NO LIMITATION.—This section does not (2) TIME, LOCATION, AND SELECTION.—A pub- ing listed in paragraph (2) shall cause a limit or otherwise affect the authority of a lic hearing required under paragraph (1) shall greenhouse gas to be subject to part C of State to adopt, amend, enforce, or repeal be held at— title I (relating to prevention of significant State laws and regulations pertaining to the (A) a convenient time and location for im- deterioration of air quality) or considered an emission of a greenhouse gas. pacted residents; and air pollutant for purposes of title V (relating ‘‘(B) EXCEPTION.— (B) at such location selected by the Admin- to air permits). ‘‘(i) RULE.—Notwithstanding subparagraph istrator as shall give priority to locations in ‘‘(4) CERTAIN PRIOR AGENCY ACTIONS.—The (A), any provision described in clause (ii)— the State that will experience the greatest following rules, and actions (including any ‘‘(I) is not federally enforceable; number of job losses. supplement or revision to such rules and ac- ‘‘(II) is not deemed to be a part of Federal (d) NOTIFICATION.—If the Administrator tions) are repealed and shall have no legal ef- law; and concludes under subsection (b)(1) that a cov- fect: ‘‘(III) is deemed to be stricken from the ered action will have more than a de mini- ‘‘(A) ‘Mandatory Reporting of Greenhouse plan described in clause (ii)(I) or the pro- mis negative impact on agricultural employ- Gases’, published at 74 Fed. Reg. 56260 (Octo- gram or permit described in clause (ii)(II), as ment levels or agricultural economic activ- ber 30, 2009). applicable. ity in any State, the Administrator shall ‘‘(B) ‘Endangerment and Cause or Con- ‘‘(ii) PROVISIONS DEFINED.—For purposes of give notice of the impact to the congres- tribute Findings for Greenhouse Gases under clause (i), the term ‘provision’ means any sional delegation, Governor, and legislature section 202(a) of the Clean Air Act’ published provision that— of the State at least 45 days before the effec- at 74 Fed. Reg. 66496 (Dec. 15, 2009). ‘‘(I) is contained in a State implementa- tive date of the covered action. ‘‘(C) ‘Reconsideration of the Interpretation tion plan under section 110 and authorizes or of Regulations That Determine Pollutants TITLE X—ENERGY TAX PREVENTION requires a limitation on, or imposes a permit Covered by Clean Air Act Permitting Pro- SEC. 1001. SHORT TITLE. requirement for, the emission of a green- grams’ published at 75 Fed. Reg. 17004 (April house gas to address climate change; or This title may be cited as the ‘‘Energy Tax 2, 2010) and the memorandum from Stephen Prevention Act of 2012’’. ‘‘(II) is part of an operating permit pro- L. Johnson, Environmental Protection Agen- gram under title V, or a permit issued pursu- SEC. 1002. NO REGULATION OF EMISSIONS OF cy (EPA) Administrator, to EPA Regional ant to title V, and authorizes or requires a GREENHOUSE GASES. Administrators, concerning ‘EPA’s Interpre- Title III of the Clean Air Act (42 U.S.C. 7601 limitation on the emission of a greenhouse tation of Regulations that Determine Pollut- gas to address climate change. et seq.) is amended by adding at the end the ants Covered by Federal Prevention of Sig- following: ‘‘(C) ACTION BY ADMINISTRATOR.—The Ad- nificant Deterioration (PSD) Permit Pro- ministrator may not approve or make feder- ‘‘SEC. 330. NO REGULATION OF EMISSIONS OF gram’ (Dec. 18, 2008). GREENHOUSE GASES. ally enforceable any provision described in ‘‘(D) ‘Prevention of Significant Deteriora- subparagraph (B)(ii).’’. ‘‘(a) DEFINITION.—In this section, the term tion and Title V Greenhouse Gas Tailoring ‘greenhouse gas’ means any of the following: Rule’, published at 75 Fed. Reg. 31514 (June 3, SEC. 1003. PRESERVING ONE NATIONAL STAND- ‘‘(1) Water vapor. 2010). ARD FOR AUTOMOBILES. ‘‘(2) Carbon dioxide. ‘‘(E) ‘Action To Ensure Authority To Issue Section 209(b) of the Clean Air Act (42 ‘‘(3) Methane. Permits Under the Prevention of Significant U.S.C. 7543) is amended by adding at the end ‘‘(4) Nitrous oxide. Deterioration Program to Sources of Green- the following: ‘‘(5) Sulfur hexafluoride. house Gas Emissions: Finding of Substantial ‘‘(4) With respect to standards for emis- ‘‘(6) Hydrofluorocarbons. Inadequacy and SIP Call’, published at 75 sions of greenhouse gases (as defined in sec- ‘‘(7) Perfluorocarbons. Fed. Reg. 77698 (December 13, 2010). tion 330) for model year 2017 or any subse- ‘‘(8) Any other substance subject to, or pro- ‘‘(F) ‘Action To Ensure Authority To Issue quent model year for new motor vehicles and posed to be subject to, regulation, action, or Permits Under the Prevention of Significant new motor vehicle engines— consideration under this Act to address cli- Deterioration Program to Sources of Green- ‘‘(A) the Administrator may not waive ap- mate change. house Gas Emissions: Finding of Failure to plication of subsection (a); and ‘‘(b) LIMITATION ON AGENCY ACTION.— Submit State Implementation Plan Revi- ‘‘(B) no waiver granted prior to the date of ‘‘(1) LIMITATION.— sions Required for Greenhouse Gases’, pub- enactment of this paragraph may be consid- ‘‘(A) IN GENERAL.—The Administrator may lished at 75 Fed. Reg. 81874 (December 29, ered to waive the application of subsection not, under this Act, promulgate any regula- 2010). (a).’’. tion concerning, take action relating to, or ‘‘(G) ‘Action To Ensure Authority To Issue take into consideration the emission of a Permits Under the Prevention of Significant SA 2912. Mr. LAUTENBERG sub- greenhouse gas to address climate change. Deterioration Program to Sources of Green- mitted an amendment intended to be ‘‘(B) AIR POLLUTANT DEFINITION.—The defi- house Gas Emissions: Federal Implementa- proposed by him to the bill S. 3525, to nition of the term ‘air pollutant’ in section tion Plan’, published at 75 Fed. Reg. 82246 protect and enhance opportunities for 302(g) does not include a greenhouse gas. (December 30, 2010). recreational hunting, fishing, and Notwithstanding the previous sentence, such ‘‘(H) ‘Action To Ensure Authority To Im- definition may include a greenhouse gas for plement Title V Permitting Programs Under shooting, and for other purposes; which purposes of addressing concerns other than the Greenhouse Gas Tailoring Rule’, pub- was ordered to lie on the table; as fol- climate change. lished at 75 Fed. Reg. 82254 (December 30, lows: ‘‘(2) EXCEPTIONS.—Paragraph (1) does not 2010). Strike section 121 and insert the following: prohibit the following: ‘‘(I) ‘Determinations Concerning Need for SEC. 121. MODIFICATION OF DEFINITION OF ‘‘(A) Notwithstanding paragraph (4)(B), im- Error Correction, Partial Approval and Par- TOXIC SUBSTANCE TO EXCLUDE plementation and enforcement of the rule tial Disapproval, and Federal Implementa- LEAD USED HUNTING AMMUNITION entitled ‘Light-Duty Vehicle Greenhouse Gas tion Plan Regarding Texas Prevention of AND SPORT FISHING EQUIPMENT. Emission Standards and Corporate Average Significant Deterioration Program’, pub- (a) IN GENERAL.—Section 3(2)(B) of the Fuel Economy Standards’ (75 Fed. Reg. 25324 lished at 75 Fed. Reg. 82430 (December 30, Toxic Substances Control Act (15 U.S.C. (May 7, 2010) and without further revision) 2010). 2602(2)(B)) is amended— and finalization, implementation, enforce- ‘‘(J) ‘Limitation of Approval of Prevention (1) in clause (v), by striking ‘‘, and’’ and in- ment, and revision of the proposed rule enti- of Significant Deterioration Provisions Con- serting ‘‘, or any lead or lead compound that tled ‘Greenhouse Gas Emissions Standards cerning Greenhouse Gas Emitting-Sources in is used in an article that is intended for and Fuel Efficiency Standards for Medium- State Implementation Plans; Final Rule’, hunting, including shot, bullets and other and Heavy-Duty Engines and Vehicles’ pub- published at 75 Fed. Reg. 82536 (December 30, projectiles, propellants, and primers;’’; lished at 75 Fed. Reg. 74152 (November 30, 2010). (2) in clause (vi), by striking the period at 2010). ‘‘(K) ‘Determinations Concerning Need for the end and inserting ‘‘; and’’; and ‘‘(B) Implementation and enforcement of Error Correction, Partial Approval and Par- (3) by adding at the end the following: section 211(o). tial Disapproval, and Federal Implementa- ‘‘(vii) lead or a lead compound that is used ‘‘(C) Statutorily authorized Federal re- tion Plan Regarding Texas Prevention of in any sport fishing equipment (as defined in search, development, and demonstration pro- Significant Deterioration Program; Proposed section 4162(a) of the Internal Revenue Code grams addressing climate change. Rule’, published at 75 Fed. Reg. 82365 (De- of 1986, without regard to paragraphs (6) ‘‘(D) Implementation and enforcement of cember 30, 2010). through (9) thereof), the sale of which is sub- title VI to the extent such implementation ‘‘(L) Except for action listed in paragraph ject to the tax imposed by section 4161(a) of or enforcement only involves one or more (2), any other Federal action under this Act such Code (determined without regard to any class I or class II substances (as such terms occurring before the date of enactment of exemptions from such tax as provided by sec- are defined in section 601). this section that applies a stationary source tion 4162 or 4221 or any other provision of

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such Code), and sport fishing equipment (ii) by striking ‘‘this Act’’ and inserting OPMENT PROJECTS.—The Secretary of the components.’’. ‘‘the Sportsmen’s Act of 2012’’; and Army shall not promulgate or enforce any (b) RELATIONSHIP TO OTHER LAW.—Nothing (B) in subsection (d), by striking ‘‘11’’ and regulation that prohibits an individual from in this section or any amendment made by inserting ‘‘22’’; possessing a firearm, including an assembled this section affects or limits the application (4) in section 206 (43 U.S.C. 2305), by strik- or functional firearm, at a water resources of, or obligation to comply with, any other ing subsections (b) through (f) and inserting development project covered under part 327 Federal, State, or local law. the following: of title 36, Code of Federal Regulations (as in ‘‘(b) AVAILABILITY.—Of the amounts in the effect on the date of enactment of this Act), SA 2913. Mr. LAUTENBERG sub- Federal Land Disposal Account— if— mitted an amendment intended to be ‘‘(1) 50 percent shall be made available to (1) the individual is not otherwise prohib- proposed by him to the bill S. 3525, to the Secretary of the Treasury, without fur- ited by law from possessing the firearm; and protect and enhance opportunities for ther appropriation, for Federal budget def- (2) the possession of the firearm is in com- recreational hunting, fishing, and icit reduction; and pliance with the law of the State in which the water resources development project is shooting, and for other purposes; which ‘‘(2) 50 percent shall be made available to the Secretary and the Secretary of Agri- located. was ordered to lie on the table; as fol- culture, without further appropriation, to lows: address the maintenance backlog on Federal SA 2919. Ms. MURKOWSKI submitted Strike section 121. land.’’; and an amendment intended to be proposed (5) in section 207(b) (43 U.S.C. 2306(b))— to amendment SA 2875 proposed by Mr. SA 2914. Mr. COBURN (for himself, REID (for Mr. TESTER) to the bill S. Mr. WEBB, Mr. WICKER, Mr. INHOFE, Mr. SA 2916. Mr. COBURN submitted an 3525, to protect and enhance opportuni- ROBERTS, Mr. BLUNT, Mr. ENZI, Mr. amendment intended to be proposed to ties for recreational hunting, fishing, BOOZMAN, Mr. BURR, Mr. CRAPO, Mr. amendment SA 2875 proposed by Mr. and shooting, and for other purposes; HATCH, and Ms. COLLINS) submitted an REID (for Mr. TESTER) to the bill S. which was ordered to lie on the table; amendment intended to be proposed by 3525, to protect and enhance opportuni- as follows: him to the bill S. 3525, to protect and ties for recreational hunting, fishing, At the end of subtitle A of title I, add the enhance opportunities for recreational and shooting, and for other purposes; following: hunting, fishing, and shooting, and for which was ordered to lie on the table; SEC. 104. HERITAGE OF RECREATIONAL FISHING, other purposes; which was ordered to as follows: HUNTING, AND RECREATIONAL lie on the table; as follows: Strike section 246 and insert the following: SHOOTING ON FEDERAL LAND. (a) DEFINITIONS.—In this section: SEC. 246. NEOTROPICAL MIGRATORY BIRD CON- At the end of title I, add the following: EDERAL PUBLIC LAND SERVATION ACT. (1) F .— Subtitle D—Other Matters Section 10 of the Neotropical Migratory (A) IN GENERAL.—Except as provided in SEC. 131. CONDITIONS FOR TREATMENT OF CER- Bird Conservation Act (16 U.S.C. 6109) is subparagraph (B), the term ‘‘Federal public TAIN PERSONS AS ADJUDICATED amended to read as follows: land’’ means any land or water that is— MENTALLY INCOMPETENT FOR CER- (i) owned by the United States; and TAIN PURPOSES. ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ‘‘There is authorized to be appropriated to (ii) managed by a Federal agency (includ- (a) IN GENERAL.—Chapter 55 of title 38, ing the Department of the Interior and the United States Code, is amended by adding at carry out this Act $6,500,000 for each of fiscal years 2012 through 2017.’’. Forest Service) for purposes that include the the end the following new section: conservation of natural resources. ‘‘§ 5511. Conditions for treatment of certain SA 2917. Mr. COBURN submitted an (B) EXCLUSIONS.—The term ‘‘Federal public persons as adjudicated mentally incom- amendment intended to be proposed by land’’ does not include— petent for certain purposes him to the bill S. 3525, to protect and (i) land or water held or managed in trust ‘‘In any case arising out of the administra- for the benefit of Indians or other Native tion by the Secretary of laws and benefits enhance opportunities for recreational Americans; under this title, a person who is mentally in- hunting, fishing, and shooting, and for (ii) land managed by the Director of the capacitated, deemed mentally incompetent, other purposes; which was ordered to National Park Service or the Director of the or experiencing an extended loss of con- lie on the table; as follows: United States Fish and Wildlife Service; sciousness shall not be considered adju- Strike subtitle A of title II. (iii) fish hatcheries; or dicated as a mental defective under sub- (iv) conservation easements on private section (d)(4) or (g)(4) of section 922 of title 18 SA 2918. Mr. COBURN (for himself land. without the order or finding of a judge, mag- and Mr. BOOZMAN) submitted an (2) HUNTING.— istrate, or other judicial authority of com- amendment intended to be proposed by (A) IN GENERAL.—Except as provided in petent jurisdiction that such person is a dan- him to the bill S. 3525, to protect and subparagraph (B), the term ‘‘hunting’’ means ger to himself or herself or others.’’. enhance opportunities for recreational use of a firearm, bow, or other authorized (b) CLERICAL AMENDMENT.—The table of means in the lawful— sections at the beginning of chapter 55 of hunting, fishing, and shooting, and for (i) pursuit, shooting, capture, collection, such title is amended by adding at the end other purposes; which was ordered to trapping, or killing of wildlife; or the following new item: lie on the table; as follows: (ii) attempt to pursue, shoot, capture, col- ‘‘5511. Conditions for treatment of certain At the end of subtitle A of title I, add the lect, trap, or kill wildlife. persons as adjudicated men- following: (B) EXCLUSION.—The term ‘‘hunting’’ does tally incompetent for certain SEC. 104. PROTECTING AMERICANS FROM VIO- not include the use of skilled volunteers to purposes.’’. LENT CRIME. cull excess animals (as defined by other Fed- (a) FINDINGS.—Congress finds that— eral law). SA 2915. Mr. COBURN submitted an (1) the Second Amendment of the Constitu- (3) RECREATIONAL FISHING.—The term ‘‘rec- amendment intended to be proposed by tion provides that ‘‘the right of the people to reational fishing’’ means— him to the bill S. 3525, to protect and keep and bear arms shall not be infringed’’; (A) an activity for sport or for pleasure enhance opportunities for recreational (2) section 327.13 of title 36, Code of Federal that involves— Regulations provides that, except in special hunting, fishing, and shooting, and for (i) the lawful catching, taking, or har- circumstances, ‘‘possession of loaded fire- vesting of fish; or other purposes; which was ordered to arms, ammunition, loaded projectile firing (ii) the lawful attempted catching, taking, lie on the table; as follows: devices, bows and arrows, crossbows, or other or harvesting of fish; or On page 93, strike lines 8 through 16 and in- weapons is prohibited’’ at water resources (B) any other activity for sport or pleasure sert the following: development projects administered by the that can reasonably be expected to result in (2) in section 204 (43 U.S.C. 2303), by strik- Secretary of the Army; the lawful catching, taking, or harvesting of ing subsection (a) and inserting the fol- (3) the regulations described in paragraph fish. lowing: (2) prevent individuals complying with Fed- (4) RECREATIONAL SHOOTING.—The term ‘‘(a) IN GENERAL.—The Secretary and the eral and State laws from exercising the Sec- ‘‘recreational shooting’’ means any form of Secretary of Agriculture shall establish a ond Amendment rights of the individuals sport, training, competition, or pastime, procedure to identify, by State, inholdings while at the water resources development whether formal or informal, that involves for which the landowner has indicated a de- projects; and the discharge of a rifle, handgun, or shotgun, sire to sell the land or interest therein to the (4) Federal laws should make it clear that or the use of a bow and arrow. United States.’’. the Second Amendment rights of an indi- (b) RECREATIONAL FISHING, HUNTING, AND (3) in section 205 (43 U.S.C. 2304)— vidual at a water resources development RECREATIONAL SHOOTING.— (A) in subsection (a)— project should not be infringed. (1) IN GENERAL.—Subject to valid existing (i) by striking ‘‘, using funds made avail- (b) PROTECTING THE RIGHT OF INDIVIDUALS rights, and in cooperation with the respec- able under section 206,’’; and TO BEAR ARMS AT WATER RESOURCES DEVEL- tive State and fish and wildlife agency, a

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6823 Federal public land management official tem, land designated as a wilderness study agement status of Federal public land or shall exercise the authority of the official area or administratively classified as wilder- water that effectively closes or significantly under existing law (including provisions re- ness eligible or suitable, and primitive or restricts 1,280 or more contiguous acres of garding land use planning) to facilitate use semiprimitive areas, but excluding land on Federal public land or water to access or use of and access to Federal public land for rec- the outer Continental Shelf) shall be open to for recreational fishing or hunting or activi- reational fishing, hunting, and recreational recreational fishing, hunting, and rec- ties relating to fishing or hunting shall take shooting except as limited by— reational shooting unless the managing Fed- effect only if, before the date of withdrawal (A) any law that authorizes action or with- eral public land agency acts to close the land or change, the head of the Federal public holding action for reasons of national secu- to such activity. land agency that has jurisdiction over the rity, public safety, or resource conservation; (ii) MOTORIZED ACCESS.—Nothing in this Federal public land or water— (B) any other Federal law that precludes subparagraph authorizes or requires motor- (i) publishes appropriate notice of the recreational fishing, hunting, or recreational ized access or the use of motorized vehicles withdrawal or change, respectively; shooting on specific Federal public land or for recreational fishing, hunting, or rec- (ii) demonstrates that coordination has oc- water or units of Federal public land; and reational shooting purposes within land des- curred with a State fish and wildlife agency; (C) discretionary limitations on rec- ignated as a wilderness study area or admin- and reational fishing, hunting, and recreational istratively classified as wilderness eligible or (iii) submits to the Committee on Natural shooting determined to be necessary and rea- suitable. Resources of the House of Representatives sonable as supported by the best scientific (B) CLOSURE OR RESTRICTION.—Land de- and the Committee on Energy and Natural evidence and advanced through a trans- scribed in subparagraph (A) may be subject Resources of the Senate written notice of the parent public process. to closures or restrictions if determined by withdrawal or change, respectively. (2) MANAGEMENT.—Consistent with para- the head of the agency to be necessary and (B) AGGREGATE OR CUMULATIVE EFFECTS.—If graph (1), the head of each Federal public reasonable and supported by facts and evi- the aggregate or cumulative effect of sepa- land management agency shall exercise the dence for purposes including resource con- rate withdrawals or changes effectively land management discretion of the head— servation, public safety, energy or mineral closes or significant restrictions affects 1,280 (A) in a manner that supports and facili- production, energy generation or trans- or more acres of land or water, the with- tates recreational fishing, hunting, and rec- mission infrastructure, water supply facili- drawals and changes shall be treated as a reational shooting opportunities; ties, protection of other permittees, protec- single withdrawal or change for purposes of (B) to the extent authorized under applica- tion of private property rights or interests, subparagraph (A). ble State law; and national security, or compliance with other (C) EMERGENCY CLOSURES.— (C) in accordance with applicable Federal law, as determined appropriate by the Direc- (i) IN GENERAL.—Nothing in this section law. tor of the Bureau of Land Management or prohibits a Federal public land management (3) PLANNING.— the Chief of the Forest Service, as applica- agency from establishing or implementing (A) EFFECTS OF PLANS AND ACTIVITIES.— ble. emergency closures or restrictions of the (i) EVALUATION OF EFFECTS ON OPPORTUNI- (C) SHOOTING RANGES.— smallest practicable area of Federal public TIES TO ENGAGE IN RECREATIONAL FISHING, (i) IN GENERAL.—Except as provided in land to provide for public safety, resource HUNTING, OR RECREATIONAL SHOOTING.—Fed- clause (iii), the head of each Federal public conservation, national security, or other eral public land planning documents (includ- land agency may use the authorities of the purposes authorized by law. ing land resources management plans, re- head, in a manner consistent with this sec- (ii) TERMINATION.—An emergency closure source management plans, travel manage- tion and other applicable law— under clause (i) shall terminate after a rea- ment plans, and energy development plans) (I) to lease or permit use of land under the sonable period of time unless the temporary shall include a specific evaluation of the ef- jurisdiction of the head for shooting ranges; closure is converted to a permanent closure fects of the plans on opportunities to engage and consistent with this subsection. in recreational fishing, hunting, or rec- (II) to designate specific land under the ju- (7) NO PRIORITY.—Nothing in this section reational shooting. risdiction of the head for recreational shoot- requires a Federal agency to give preference (ii) OTHER ACTIVITY NOT CONSIDERED.— ing activities. to recreational fishing, hunting, or rec- (I) IN GENERAL.—Federal public land man- (ii) LIMITATION ON LIABILITY.—Any designa- reational shooting over other uses of Federal agement officials shall not be required to tion under clause (i)(II) shall not subject the public land or over land or water manage- consider the existence or availability of rec- United States to any civil action or claim for ment priorities established by other Federal reational fishing, hunting, or recreational monetary damages for injury or loss of prop- law. shooting opportunities on private or public erty or personal injury or death caused by (8) CONSULTATION WITH COUNCILS.—In car- land that is located adjacent to, or in the vi- any recreational shooting activity occurring rying out this section, the heads of Federal cinity of, Federal public land for purposes at or on the designated land. public land agencies shall consult with the of— (iii) EXCEPTION.—The head of each Federal appropriate advisory councils established (aa) planning for or determining which public land agency shall not lease or permit under Executive Order 12962 (16 U.S.C. 1801 units of Federal public land are open for rec- use of Federal public land for shooting note; relating to recreational fisheries) and reational fishing, hunting, or recreational ranges or designate land for recreational Executive Order 13443 (16 U.S.C. 661 note; re- shooting; or shooting activities within including a com- lating to facilitation of hunting heritage and (bb) setting the levels of use for rec- ponent of the National Wilderness Preserva- wildlife conservation). reational fishing, hunting, or recreational tion System, land designated as a wilderness (9) AUTHORITY OF STATES.— shooting on Federal public land. study area or administratively classified as (A) IN GENERAL.—Nothing in this section (II) ENHANCED OPPORTUNITIES.—Federal wilderness eligible or suitable, and primitive interferes with, diminishes, or conflicts with public land management officials may con- or semiprimitive areas. the authority, jurisdiction, or responsibility sider the opportunities described in sub- (5) REPORT.—Not later than October 1 of of any State to manage, control, or regulate clause (I) if the combination of those oppor- every other year, beginning with the second fish and wildlife under State law (including tunities would enhance the recreational fish- October 1 after the date of enactment of this regulations) on land or water within the ing, hunting, or shooting opportunities Act, the head of each Federal public land State, including on Federal public land. available to the public. agency who has authority to manage Federal (B) FEDERAL LICENSES.— (B) USE OF VOLUNTEERS.—If hunting is pro- public land on which recreational fishing, (i) IN GENERAL.—Except as provided in hibited by law, all Federal public land plan- hunting, or recreational shooting occurs clause (ii), nothing in this section authorizes ning document described in subparagraph shall submit to the Committee on Natural the head of a Federal public land agency (A)(i) of an agency shall, after appropriate Resources of the House of Representatives head to require a license, fee, or permit to coordination with State fish and wildlife and the Committee on Energy and Natural fish, hunt, or trap on land or water in a agencies, allow the participation of skilled Resources of the Senate a report that de- State, including on Federal public land in volunteers in the culling and other manage- scribes— the State. ment of wildlife populations on Federal pub- (A) any Federal public land administered (ii) MIGRATORY BIRD STAMPS.—This sub- lic land unless the head of the agency dem- by the agency head that was closed to rec- paragraph shall not affect any migratory onstrates, based on the best scientific data reational fishing, hunting, or recreational bird stamp requirement of the Migratory available or applicable Federal law, why shooting at any time during the preceding Bird Hunting and Conservation Stamp Act skilled volunteers should not be used to con- year; and (16 U.S.C. 718a et seq.). trol overpopulation of wildlife on the land (B) the reason for the closure. that is the subject of the planning document. (6) CLOSURES OR SIGNIFICANT RESTRICTIONS SA 2920. Ms. SNOWE submitted an (4) BUREAU OF LAND MANAGEMENT AND FOR- OF 1,280 OR MORE ACRES.— amendment intended to be proposed by EST SERVICE LAND.— (A) IN GENERAL.—Other than closures es- her to the bill S. 3525, to protect and (A) LAND OPEN.— tablished or prescribed by land planning ac- (i) IN GENERAL.—Land under the jurisdic- tions referred to in paragraph (4)(B) or emer- enhance opportunities for recreational tion of the Bureau of Land Management or gency closures described in subparagraph (C), hunting, fishing, and shooting, and for the Forest Service (including a component of a permanent or temporary withdrawal, other purposes; which was ordered to the National Wilderness Preservation Sys- change of classification, or change of man- lie on the table; as follows:

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6824 CONGRESSIONAL RECORD — SENATE November 14, 2012 At the end, add the following: SEC. 304. PURPOSES. ‘‘(5) support the development of institu- TITLE III—HARMFUL ALGAL BLOOMS AND The Act is amended by inserting after sec- tional mechanisms and financial instru- HYPOXIA RESEARCH AND CONTROL tion 602 the following: ments to further the goals of the Program; SECTION 301. SHORT TITLE. ‘‘§ 602A. Purposes ‘‘(6) coordinate and integrate the research of all Federal programs, including ocean and This title may be cited as the ‘‘Harmful ‘‘The purposes of this title are— Great Lakes science and management pro- Algal Blooms and Hypoxia Research and ‘‘(1) to provide for the development and co- grams and centers, that address the chem- Control Amendments Act of 2012’’. ordination of a comprehensive and inte- ical, biological, and physical components of SEC. 302. AMENDMENT OF HARMFUL ALGAL grated national program to address harmful marine and freshwater harmful algal blooms BLOOM AND HYPOXIA RESEARCH algal blooms and hypoxia through baseline and hypoxia; AND CONTROL ACT OF 1998. research, monitoring, prevention, mitiga- ‘‘(7) expedite the interagency review proc- Except as otherwise expressly provided, tion, and control; whenever in this title an amendment or re- ess by ensuring timely review and dispersal ‘‘(2) to provide for the assessment of envi- peal is expressed in terms of an amendment of required reports and assessments under ronmental, socioeconomic, and human to, or repeal of, a section or other provision, this title; health impacts of harmful algal blooms and the reference shall be considered to be made ‘‘(8) promote the development of new tech- hypoxia on a regional and national scale, and to a section or other provision of the Harm- nologies for predicting, monitoring, and to integrate this assessment into marine and ful Algal Bloom and Hypoxia Research and mitigating harmful algal blooms and hy- freshwater resource decisions; and Control Act of 1998 (16 U.S.C. 1451 note). poxia conditions; and ‘‘(3) to facilitate regional, State, tribal, SEC. 303. FINDINGS. ‘‘(9) establish such interagency working and local efforts to develop and implement Section 602 is amended to read as follows: groups as it considers necessary. appropriate harmful algal bloom and hy- ‘‘§ 602. Findings poxia response plans, strategies, and tools, ‘‘(d) LEAD FEDERAL AGENCY.—The National ‘‘Congress finds the following: including outreach programs and informa- Oceanic and Atmospheric Administration ‘‘(1) Harmful algal blooms and hypoxia— tion dissemination mechanisms.’’. shall have primary responsibility for admin- ‘‘(A) are increasing in frequency and inten- istering the Program. SEC. 305. INTER-AGENCY TASK FORCE ON HARM- sity in the Nation’s coastal waters and Great FUL ALGAL BLOOMS AND HYPOXIA. ‘‘(e) PROGRAM DUTIES.—In administering Lakes; Section 603(a) is amended— the Program, the Under Secretary shall— ‘‘(B) pose a threat to the health of coastal (1) by striking ‘‘the following representa- ‘‘(1) develop and promote a national strat- and Great Lakes ecosystems; tives from’’ and inserting ‘‘a representative egy to understand, detect, predict, control, ‘‘(C) are costly to coastal economies; and from’’; mitigate, and respond to marine and fresh- ‘‘(D) threaten the safety of seafood and (2) in paragraph (11), by striking ‘‘and’’; water harmful algal bloom and hypoxia human health. (3) by redesignating paragraph (12) as para- events; ‘‘(2) Excessive nutrients in coastal waters graph (13); ‘‘(2) prepare work and spending plans for have been linked to the increased intensity (4) by inserting after paragraph (11) the fol- implementing the activities of the Program and frequency of hypoxia and some harmful lowing: and developing and implementing the re- algal blooms. There is a need to identify ‘‘(12) the Centers for Disease Control; and’’; gional research and action plans; more workable and effective actions to re- and ‘‘(3) administer merit-based, competitive duce the negative impacts of harmful algal (5) in paragraph (13), as redesignated, by grant funding— blooms and hypoxia on coastal waters. striking ‘‘such’’. ‘‘(A) to support the projects maintained ‘‘(3) The National Oceanic and Atmos- and established by the Program; and pheric Administration, through its ongoing SEC. 306. NATIONAL HARMFUL ALGAL BLOOM ‘‘(B) to address the research and manage- AND HYPOXIA PROGRAM. research, monitoring, observing, education, ment needs and priorities identified in the The Act is amended by inserting after sec- grant, and coastal resource management pro- regional research and action plans; tion 603 the following: grams and in collaboration with the other ‘‘(4) coordinate and work cooperatively Federal agencies on the Inter-Agency Task ‘‘§ 603A. National harmful algal bloom and hy- with regional, State, tribal, and local gov- Force on Harmful Algal Blooms and Hy- poxia program ernment agencies and programs that address poxia, along with States, Indian tribes, and ‘‘(a) ESTABLISHMENT.—Except as provided marine and freshwater harmful algal blooms local governments, possesses the capabilities in subsection (d), the Under Secretary, act- and hypoxia; necessary to support a near and long-term ing through the Task Force established ‘‘(5) coordinate with the Secretary of State comprehensive effort to prevent, reduce, and under section 603, shall establish and main- to support international efforts on marine control the human and environmental costs tain a national harmful algal bloom and hy- and freshwater harmful algal bloom and hy- of harmful algal blooms and hypoxia. poxia program. poxia information sharing, research, mitiga- ‘‘(4) Increases in nutrient loading from ‘‘(b) ACTION STRATEGY.— tion, control, and response activities; point and nonpoint sources can trigger and ‘‘(1) IN GENERAL.—Not later than 1 year ‘‘(6) identify additional research, develop- exacerbate harmful algal blooms and hy- after the date of enactment of the Harmful ment, and demonstration needs and prior- poxia. Since much of the increases originate Algal Blooms and Hypoxia Research and ities relating to monitoring, prevention, con- in upland areas and are delivered to marine Control Amendments Act of 2012, the Task trol, mitigation, and response to marine and and freshwater bodies via river discharge, in- Force shall develop a national harmful algal freshwater harmful algal blooms and hy- tegrated and landscape-level research and blooms and hypoxia action strategy that— poxia, including methods and technologies to control strategies are required. ‘‘(A) is consistent with the purposes under protect the ecosystems affected by marine ‘‘(5) Harmful algal blooms and hypoxia af- section 602A; and freshwater harmful algal blooms and hy- fect many sectors of the coastal economy, ‘‘(B) includes a statement of goals and ob- poxia; including tourism, public health, and rec- jectives; and ‘‘(7) integrate, coordinate, and augment ex- reational and commercial fisheries. Accord- ‘‘(C) includes an implementation plan. isting education programs to improve public ing to a recent report produced by the Na- ‘‘(2) PUBLICATION.—Not later than 30 days understanding and awareness of the causes, tional Oceanic and Atmospheric Administra- after the date that the action strategy is de- impacts, and mitigation efforts for marine tion, the United States seafood, restaurant, veloped, the Task Force shall— and freshwater harmful algal blooms and hy- and tourism industries suffer estimated an- ‘‘(A) submit the action strategy to Con- poxia; nual losses of at least $82,000,000 due to the gress; and ‘‘(8) facilitate and provide resources to economic impacts of harmful algal blooms. ‘‘(B) publish the action strategy in the train State and local coastal and water re- ‘‘(6) The proliferation of harmful and nui- Federal Register. source managers in the methods and tech- sance algae can occur in all United States ‘‘(3) PERIODIC REVISION.—The Task Force nologies for monitoring, controlling, and waters, including coastal areas (such as estu- shall periodically review and revise the ac- mitigating marine and freshwater harmful aries), the Great Lakes, and inland water- tion strategy, as necessary. algal blooms and hypoxia; ways, crossing political boundaries and ne- ‘‘(c) TASK FORCE FUNCTIONS.—The Task ‘‘(9) support regional efforts to control and cessitating regional coordination for re- Force shall— mitigate outbreaks through— search, monitoring, mitigation, response, ‘‘(1) coordinate interagency review of plans ‘‘(A) communication of the contents of the and prevention efforts. and policies of the Program; regional research and action plans and main- ‘‘(7) Federally funded and other research ‘‘(2) assess interagency work and spending tenance of online data portals for other in- has led to several technological advances, in- plans for implementing the activities of the formation about harmful algal blooms and cluding remote sensing, molecular and opti- Program; hypoxia to State and local stakeholders cal tools, satellite imagery, and coastal and ‘‘(3) review the Program’s distribution of within the region for which each plan is de- ocean observing systems, that— Federal grants and funding to address re- veloped; and ‘‘(A) provide data for forecast models; search priorities; ‘‘(B) overseeing the development, review, ‘‘(B) improve the monitoring and pre- ‘‘(4) support the implementation of the ac- and periodic updating of regional research diction of these events; and tions and strategies identified in the re- and action plans; ‘‘(C) provide essential decision making gional research and action plans under sec- ‘‘(10) convene at least 1 meeting of the tools for managers and stakeholders.’’. tion 603B; Task Force each year; and

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6825 ‘‘(11) perform such other tasks as may be ‘‘(2) oversee the development and imple- ‘‘(F) scientists, with expertise concerning delegated by the Task Force. mentation of the regional research and ac- harmful algal blooms or hypoxia, from aca- ‘‘(f) NATIONAL OCEANIC AND ATMOSPHERIC tion plans. demic or research institutions; and ADMINISTRATION ACTIVITIES.—The Under Sec- ‘‘(G) other stakeholders. ‘‘(b) PLAN DEVELOPMENT.—The Under Sec- retary shall— ‘‘(d) BUILDING ON AVAILABLE STUDIES AND retary shall— ‘‘(1) maintain and enhance the existing INFORMATION.—In developing a regional re- ‘‘(1) develop and submit to the Task Force competitive programs at the National Oce- search and action plan under this section, for approval a regional research and action anic and Atmospheric Administration relat- the Under Secretary shall— plan for each region, that builds upon any ing to marine and freshwater algal blooms ‘‘(1) utilize and build on existing research, existing State or regional plans the Under and hypoxia; assessments, reports, including those carried Secretary considers appropriate; and ‘‘(2) carry out marine and Great Lakes out under existing law, and other relevant ‘‘(2) identify appropriate elements for each harmful algal bloom and hypoxia events re- sources; and region, including— sponse activities; ‘‘(2) consider the impacts, research, and ex- ‘‘(3) establish new programs and infrastruc- ‘‘(A) baseline ecological, social, and eco- isting program activities of all United States ture, as necessary, to develop and enhance nomic research needed to understand the bi- coastlines and fresh and inland waters, in- the critical observations, monitoring, mod- ological, physical, and chemical conditions cluding the Great Lakes, the Chesapeake eling, data management, information dis- that cause, exacerbate, and result from Bay, estuaries, and tributaries. harmful algal blooms and hypoxia; semination, and operational forecasts re- ‘‘(e) SCHEDULE.—The Under Secretary ‘‘(B) regional priorities for ecological and quired to meet the purposes under section shall— socio-economic research on issues related to 602A; ‘‘(1) begin developing the regional research and impacts of harmful algal blooms and hy- ‘‘(4) enhance communication and coordina- and action plans for at least a third of the poxia; tion among Federal agencies carrying out regions not later than 9 months after the ‘‘(C) research, development, and dem- marine and freshwater harmful algal bloom date of the enactment of the Harmful Algal onstration activities needed to develop and and hypoxia activities; Blooms and Hypoxia Research and Control advance technologies and techniques— ‘‘(5) to the greatest extent practicable, le- Amendments Act of 2012; ‘‘(i) for minimizing the occurrence of verage existing resources and expertise ‘‘(2) begin developing the regional research harmful algal blooms and hypoxia; and available from local research universities and action plans for at least another third of ‘‘(ii) for improving capabilities to predict, and institutions to meet the purposes under the regions not later than 21 months after monitor, prevent, control, and mitigate section 602A; and the date of the enactment of the Harmful harmful algal blooms and hypoxia; ‘‘(6) increase the availability to appro- Algal Blooms and Hypoxia Research and ‘‘(D) State, tribal, and local government priate public and private entities of— Control Amendments Act of 2012; actions that may be implemented— ‘‘(A) analytical facilities and technologies; ‘‘(3) begin developing the regional research ‘‘(i) to support long-term monitoring ef- ‘‘(B) operational forecasts; and and action plans for the remaining regions forts and emergency monitoring as needed; ‘‘(C) reference and research materials. not later than 33 months after the date of ‘‘(ii) to minimize the occurrence of harm- ‘‘(g) COOPERATIVE EFFORTS.—The Under the enactment of the Harmful Algal Blooms ful algal blooms and hypoxia; Secretary shall work cooperatively and and Hypoxia Research and Control Amend- ‘‘(iii) to reduce the duration and intensity avoid duplication of effort with other offices, ments Act of 2012; and of harmful algal blooms and hypoxia in centers, and programs within the National ‘‘(4) ensure that each regional research and times of emergency; Oceanic and Atmospheric Administration, action plan developed under this section is— ‘‘(iv) to address human health dimensions other agencies on the Task Force, and ‘‘(A) completed and approved by the Task of harmful algal blooms and hypoxia; and States, tribes, and nongovernmental organi- Force not later than 12 months after the date ‘‘(v) to identify and protect vulnerable eco- zations concerned with marine and fresh- that development of the regional research systems that could be, or have been, affected water issues to coordinate harmful algal and action plan begins; and by harmful algal blooms and hypoxia; blooms and hypoxia (and related) activities ‘‘(B) updated not less than once every 5 ‘‘(E) mechanisms by which data, informa- and research. years after the completion of the regional re- tion, and products are transferred between ‘‘(h) FRESHWATER PROGRAM.—With respect search and action plan. the Program and State, tribal, and local gov- to the freshwater aspects of the Program, ex- ‘‘(f) PRIORITIZATION.—In developing the re- ernments and research entities; cept for those aspects occurring in the Great gional research and action plans pursuant to ‘‘(F) communication, outreach and infor- Lakes, the Administrator of the Environ- subsection (e), the Under Secretary shall mation dissemination efforts that State, mental Protection Agency, in consultation begin with regions that historically have the tribal, and local governments and stake- with the Under Secretary, through the Task greatest record of harmful algal blooms or holder organizations can take to educate and Force, shall— the largest perennial hypoxic zones. ‘‘(1) carry out the duties assigned to the inform the public about harmful algal ‘‘(g) FUNDING.— Under Secretary under this section and sec- blooms and hypoxia and alternative coastal ‘‘(1) IN GENERAL.—Subject to available ap- tion 603B, including the activities under sub- resource-utilization opportunities that are available; and propriations, the Under Secretary shall section (g); make funding available to eligible organiza- ‘‘(2) research the ecology of freshwater ‘‘(G) the roles that Federal agencies can play to facilitate implementation of the re- tions to implement the research, monitoring, harmful algal blooms; forecasting, modeling, and response actions ‘‘(3) monitor and respond to freshwater gional research and action plan for that re- gion. included under each approved regional re- harmful algal blooms events in lakes (except search and action plan. The Program shall for the Great Lakes), rivers, and reservoirs; ‘‘(c) CONSULTATION.—In developing a re- select recipients through a merit-based, ‘‘(4) mitigate and control freshwater harm- gional research and action plan under this competitive process and seek to fund re- ful algal blooms; and section, the Under Secretary shall— search proposals that most effectively align ‘‘(5) recommend the amount of funding re- ‘‘(1) coordinate with State coastal manage- with the research priorities identified in the quired to carry out subsection (g) for inclu- ment and planning officials; relevant regional research and action plan. sion in the President’s annual budget request ‘‘(2) coordinate with tribal resource man- ‘‘(2) APPLICATION; ASSURANCES.—An organi- to Congress. agement officials; zation seeking funding under this subsection ‘‘(i) INTEGRATED COASTAL AND OCEAN OB- ‘‘(3) coordinate with water management shall submit an application to the Program SERVATION SYSTEM.—The collection of moni- and watershed officials from coastal States at such time, in such form and manner, and toring and observation data under this title and noncoastal States with water sources containing such information and assurances shall comply with all data standards and that drain into water bodies affected by as the Program may require. The Program protocols developed pursuant to the Inte- harmful algal blooms and hypoxia; shall require each eligible organization re- grated Coastal and Ocean Observation Sys- ‘‘(4) in matters relating to the Gulf of Mex- ceiving funds under this subsection to utilize tem Act of 2009 (33 U.S.C. 3601 et seq.). Such ico, coordinate with the Gulf of Mexico Alli- the mechanisms under subsection (b)(2)(E) to data shall be made available through the ance; ensure the transfer of data and products de- system established under that Act.’’. ‘‘(5) coordinate with the Administrator and veloped under the regional research and ac- SEC. 307. REGIONAL RESEARCH AND ACTION other Federal agencies as the Under Sec- tion plan. PLANS. retary considers appropriate; and ‘‘(3) ELIGIBLE ORGANIZATION.—In this sub- The Act, as amended by section 306, is fur- ‘‘(6) consult with— section, the term ‘eligible organization’ ther amended by inserting after section 603A ‘‘(A) public health officials; means— the following: ‘‘(B) emergency management officials; ‘‘(A) an institution of higher education, ‘‘§ 603B. Regional research and action plans ‘‘(C) science and technology development other non-profit organization, State, tribal, ‘‘(a) IN GENERAL.—In administering the institutions; or local government, commercial organiza- Program, the Under Secretary shall— ‘‘(D) economists; tion, or Federal agency that meets the re- ‘‘(1) identify appropriate regions and sub- ‘‘(E) industries and businesses affected by quirements of this section and such other re- regions to be addressed by each regional re- marine and freshwater harmful algal blooms quirements as may be established by the search and action plan; and and hypoxia; Under Secretary; and

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6826 CONGRESSIONAL RECORD — SENATE November 14, 2012 ‘‘(B) with respect to nongovernmental or- Control Amendments Act of 2012, and every 2 aquatic systems causes stress or death to ganizations, an organization that is subject years thereafter, the Administrator, through resident organisms. to regulations promulgated or guidelines the Mississippi River/Gulf of Mexico Water- ‘‘(4) PROGRAM.—The term ‘Program’ means issued to carry out this section, including shed Nutrient Task Force, shall submit a the National Harmful Algal Bloom and Hy- United States audit requirements that are progress report to the appropriate congres- poxia Program established under section applicable to nongovernmental organiza- sional committees and the President that de- 603A. tions.’’. scribes the progress made by Task Force-di- ‘‘(5) REGIONAL RESEARCH AND ACTION SEC. 308. REPORTING. rected activities carried out or funded by the PLAN.—The term ‘regional research and ac- Section 603 is amended by adding at the Environmental Protection Agency and other tion plan’ means a plan established under end the following: State and Federal partners toward attain- section 603B. ‘‘(j) REPORT.—Not later than 2 years after ment of the goals of the Gulf Hypoxia Action ‘‘(6) STATE.—The term ‘State’ means each the submission of the action strategy under Plan 2008. of the several States of the United States, section 603A, the Under Secretary shall sub- ‘‘(b) CONTENTS.—Each report required the District of Columbia, the Commonwealth mit a report to the appropriate congressional under this section shall— of Puerto Rico, the Virgin Islands, Guam, committees that describes— ‘‘(1) assess the progress made toward nutri- American Samoa, the Commonwealth of the ‘‘(1) the proceedings of the annual Task ent load reductions, the response of the Northern Mariana Islands, any other terri- Force meetings; hypoxic zone and water quality throughout tory or possession of the United States, and ‘‘(2) the activities carried out under the the Mississippi/Atchafalaya River Basin, and any Indian tribe. Program and the regional research and ac- the economic and social effects; ‘‘(7) TASK FORCE.—The term ‘Task Force’ tion plans, and the budget related to the ac- ‘‘(2) evaluate lessons learned; and means the Inter-Agency Task Force estab- tivities; ‘‘(3) recommend appropriate actions to lished by section 603(a). ‘‘(3) the progress made on implementing continue to implement or, if necessary, re- ‘‘(8) UNDER SECRETARY.—The term ‘Under the action strategy; and vise the strategy set forth in the Gulf Hy- Secretary’ means the Under Secretary of ‘‘(4) any need to revise or terminate activi- poxia Action Plan 2008.’’. Commerce for Oceans and Atmosphere. ties or projects under the Program. SEC. 310. INTERAGENCY FINANCING. ‘‘(9) UNITED STATES COASTAL WATERS.—The ‘‘(k) PROGRAM REPORT.—Not later than 5 The Act, as amended by section 309, is fur- term ‘United States coastal waters’ includes years after the date of enactment of the ther amended by inserting after section 604 the Great Lakes.’’. Harmful Algal Blooms and Hypoxia Research the following: (b) CONFORMING AMENDMENT.—Section and Control Amendments Act of 2012, the ‘‘SEC. 604A. INTERAGENCY FINANCING. 603(a) is amended by striking ‘‘(hereinafter Task Force shall submit a report on harmful ‘‘The departments and agencies rep- referred to as the ‘Task Force’)’’. algal blooms and hypoxia in marine and resented on the Task Force may participate SEC. 313. APPLICATION WITH OTHER LAWS. freshwater systems to Congress that— in interagency financing and share, transfer, The Act is amended by adding after section ‘‘(1) evaluates the state of scientific knowl- receive, obligate, and expend funds appro- 606 the following: edge of harmful algal blooms and hypoxia in priated to any member of the Task Force for ‘‘SEC. 607. EFFECT ON OTHER FEDERAL AUTHOR- marine and freshwater systems, including the purposes of carrying out any administra- ITY. their causes and ecological consequences; tive or programmatic project or activity ‘‘Nothing in this title supersedes or limits ‘‘(2) evaluates the social and economic im- under this title, including support for the the authority of any agency to carry out its pacts of harmful algal blooms and hypoxia, Program, a common infrastructure, informa- responsibilities and missions under other including their impacts on coastal commu- tion sharing, and system integration for laws.’’. nities, and reviews those communities’ ef- harmful algal bloom and hypoxia research, forts and associated economic costs related monitoring, forecasting, prevention, and SA 2921. Mr. PRYOR (for himself and to event forecasting, planning, mitigation, control. Funds may be transferred among Mr. BOOZMAN) submitted an amend- response, public outreach, and education; such departments and agencies through an ment intended to be proposed by him ‘‘(3) examines and evaluates the human appropriate instrument that specifies the health impacts of harmful algal blooms and to the bill S. 3525, to protect and en- goods, services, or space being acquired from hance opportunities for recreational hypoxia, including any gaps in existing re- another Task Force member and the costs of search; the goods, services, and space. The amount hunting, fishing, and shooting, and for ‘‘(4) describes advances in capabilities for of funds transferrable under this section for other purposes; which was ordered to monitoring, forecasting, modeling, control, any fiscal year may not exceed 5 percent of lie on the table; as follows: mitigation, and prevention of harmful algal the account from which such transfer was At the end, add the following: blooms and hypoxia, including techniques for made.’’. SEC. lll. CERTAIN EXEMPTIONS RELATING TO integrating landscape- and watershed-level SEC. 311. AUTHORIZATION OF APPROPRIATIONS. THE TAKING OF MIGRATORY GAME water quality information into marine and Section 605 is amended to read as follows: BIRDS. freshwater harmful algal bloom and hypoxia ‘‘§ 605. Authorization of appropriations (a) SHORT TITLE.—This section may be prevention and mitigation strategies at Fed- cited as the ‘‘Farmer’s Protection Act of ‘‘(a) IN GENERAL.—There are authorized to eral and regional levels; 2012’’. be appropriated, for each of the fiscal years ‘‘(5) evaluates progress made by, and the (b) EXEMPTIONS ON CERTAIN LAND.—Section 2011 through 2015 to the Under Secretary to needs of, Federal, regional, State, tribal, and 3 of the Migratory Bird Treaty Act (16 U.S.C. carry out sections 603A and 603B, $15,000,000. local policies and strategies for forecasting, 704) is amended by adding at the end the fol- ‘‘(b) EXTRAMURAL RESEARCH ACTIVITIES.— planning, mitigating, preventing, and re- lowing: The Under Secretary shall ensure that a sub- sponding to harmful algal blooms and hy- ‘‘(c) EXEMPTIONS ON CERTAIN LAND.— stantial portion of funds appropriated pursu- poxia, including the economic costs and ben- ‘‘(1) IN GENERAL.—Nothing in this section ant to subsection (a) that are used for re- efits of the policies and strategies; prohibits the taking of any migratory game search purposes are allocated to extramural ‘‘(6) includes recommendations for inte- bird, including waterfowl, coots, and cranes, research activities.’’. grating, improving, and funding future Fed- on or over land that— eral, regional, State, tribal, and local poli- SEC. 312. DEFINITIONS; CONFORMING AMEND- ‘‘(A) is not a baited area; and cies and strategies for preventing and miti- MENT. ‘‘(B) contains— gating the occurrence and impacts of harm- (a) IN GENERAL.—The Act is amended by ‘‘(i) a standing crop or flooded standing ful algal blooms and hypoxia; inserting after section 605 the following: crop, including an aquatic crop; ‘‘(7) describes communication, outreach, ‘‘§ 605A. Definitions ‘‘(ii) standing, flooded, or manipulated nat- and education efforts to raise public aware- ‘‘In this title: ural vegetation; ness of harmful algal blooms and hypoxia, ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- ‘‘(iii) flooded harvested cropland; or their impacts, and the methods for mitiga- trator’ means the Administrator of the Na- ‘‘(iv) based on the determination of the ap- tion and prevention; tional Oceanic and Atmospheric Administra- plicable State office of the Cooperative Ex- ‘‘(8) describes extramural research activi- tion. tension System of the Department of Agri- ties carried out under section 605(b); and ‘‘(2) HARMFUL ALGAL BLOOM.—The term culture at the request of the Secretary of the ‘‘(9) specifies how resources were allocated ‘harmful algal bloom’ means marine and Interior, an area on which seed or grain has between intramural and extramural research freshwater phytoplankton that proliferate to been scattered solely as the result of a nor- and management activities, including a jus- high concentrations, resulting in nuisance mal agricultural planting, harvesting, post- tification for each allocation.’’. conditions or harmful impacts on marine and harvest manipulation, or normal soil sta- SEC. 309. NORTHERN GULF OF MEXICO HYPOXIA. aquatic ecosystems, coastal communities, bilization practice. Section 604 is amended to read as follows: and human health through the production of ‘‘(2) DETERMINATIONS.— ‘‘SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA. toxic compounds or other biological, chem- ‘‘(A) IN GENERAL.—For purposes of making ‘‘(a) TASK FORCE INITIAL PROGRESS RE- ical, and physical impacts of the algae out- a determination under paragraph (1)(B)(iv), PORTS.—Beginning not later than 12 months break. each State office of the Cooperative Exten- after the date of enactment of the Harmful ‘‘(3) HYPOXIA.—The term ‘hypoxia’ means a sion System of the Department of Agri- Algal Blooms and Hypoxia Research and condition where low dissolved oxygen in culture shall determine the activities in that

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 14, 2012 CONGRESSIONAL RECORD — SENATE S6827 State that the State office considers to be a vember 14, 2012, at 2:30 p.m., to conduct The bill (H.R. 6131) was passed. normal agricultural practice in the State, a hearing entitled ‘‘Oversight of Basel Mr. REID. I now ask unanimous con- such as mowing, shredding, discing, rolling, III: Impact of Proposed Capital Rules.’’ sent that the motion to reconsider be chopping, trampling, flattening, burning, or The PRESIDING OFFICER. Without considered made and laid upon the carrying out herbicide treatment. ‘‘(B) REVISIONS.—A State office may revise objection, it is so ordered. table, with no intervening action or de- a report described in subparagraph (A) as the f bate, and any statements relating to State office determines to be necessary to this matter be printed in the RECORD. reflect changing agricultural practices.’’. PRIVILEGES OF THE FLOOR The PRESIDING OFFICER. Without Mr. WHITEHOUSE. Mr. President, I objection, it is so ordered. Mr. PRYOR (for himself and SA 2922. ask unanimous consent that a fellow f Mr. BOOZMAN) submitted an amend- from my office, Mr. Todd Bianco, be PERMITTING FOR THE RELIEF OF ment intended to be proposed to granted floor privileges for the remain- VICTIMS OF SUPERSTORM SANDY amendment SA 2875 proposed by Mr. der of this Congress. REID (for Mr. TESTER) to the bill S. The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- 3525, to protect and enhance opportuni- objection, it is so ordered. imous consent that the Senate proceed ties for recreational hunting, fishing, Mr. REID. Mr. President, I ask unan- to the consideration of S. Res. 596. and shooting, and for other purposes; imous consent that Bryan Seeley, a The PRESIDING OFFICER. The which was ordered to lie on the table; detailee on the Senate Judiciary Com- clerk will report the resolution by as follows: mittee, be granted floor privileges for title. At the end of section 233, add the fol- the duration of the 112th Congress. The legislative clerk read as follows: lowing: The PRESIDING OFFICER. Without A resolution (S. Res. 596) permitting the (c) EXEMPTIONS ON CERTAIN LAND.—Section objection, it is so ordered. solicitation of donations in Senate buildings 3 of the Migratory Bird Treaty Act (16 U.S.C. for the relief of victims of Superstorm 704) is amended by adding at the end the fol- f Sandy. lowing: ‘‘(c) EXEMPTIONS ON CERTAIN LAND.— AMENDING SECTION 353 OF THE There being no objection, the Senate ‘‘(1) IN GENERAL.—Nothing in this section PUBLIC HEALTH SERVICE ACT proceeded to consider the resolution. prohibits the taking of any migratory game Mr. REID. I ask unanimous consent Mr. REID. Mr. President, I ask unan- bird, including waterfowl, coots, and cranes, that the Senate proceed to H.R. 6118. imous consent that the resolution be on or over land that— agreed to, the motion to reconsider be ‘‘(A) is not a baited area; and The PRESIDING OFFICER. The clerk will report the bill by title. laid upon the table, there be no inter- ‘‘(B) contains— vening action or debate, and any state- ‘‘(i) a standing crop or flooded standing The legislative clerk read as follows: ments related to the resolution be crop, including an aquatic crop; A bill (H.R. 6118) to amend section 353 of ‘‘(ii) standing, flooded, or manipulated nat- the Public Health Service Act with respect printed in the RECORD. ural vegetation; to suspension, revocation, and limitation of The PRESIDING OFFICER. Without ‘‘(iii) flooded harvested cropland; or laboratory certification. objection, it is so ordered. ‘‘(iv) based on the determination of the ap- There being no objection, the Senate The resolution (S. Res. 596) was plicable State office of the Cooperative Ex- agreed to, as follows: tension System of the Department of Agri- proceeded to consider the bill. S. RES. 596 culture at the request of the Secretary of the Mr. REID. Mr. President, I now ask Interior, an area on which seed or grain has that the bill be read a third time and Resolved, been scattered solely as the result of a nor- passed, the motion to reconsider be SECTION 1. SOLICITATION FOR SUPERSTORM mal agricultural planting, harvesting, post- considered made and laid upon the SANDY RELIEF. harvest manipulation, or normal soil sta- table, with no intervening action or de- Notwithstanding any other provision of bilization practice. bate, and any statements related to the rules or regulations of the Senate— ‘‘(2) DETERMINATIONS.— (1) a Senator, officer of the Senate, or em- this matter be printed in the RECORD. ‘‘(A) IN GENERAL.—For purposes of making ployee of the Senate may solicit another a determination under paragraph (1)(B)(iv), The PRESIDING OFFICER. Without Senator, officer of the Senate, or employee each State office of the Cooperative Exten- objection, it is so ordered. of the Senate within Senate buildings for sion System of the Department of Agri- The bill (H.R. 6118) was ordered to a nonmonetary donations for the relief of vic- culture shall determine the activities in that third reading, was read the third time tims of Superstorm Sandy during the 30-day State that the State office considers to be a and passed. period beginning on the date on which the normal agricultural practice in the State, Senate agrees to this resolution; and such as mowing, shredding, discing, rolling, f (2) a Senator, officer of the Senate, or em- chopping, trampling, flattening, burning, or TO EXTEND THE UNDERTAKING ployee of the Senate may work with a non- profit organization with respect to the deliv- carrying out herbicide treatment. SPAM, SPYWARE, AND FRAUD ‘‘(B) REVISIONS.—A State office may revise ery of donations described in paragraph (1). ENFORCEMENT WITH ENFORC- a report described in subparagraph (A) as the f State office determines to be necessary to ERS BEYOND BORDERS ACT OF reflect changing agricultural practices.’’. 2006 ORDERS FOR THURSDAY, NOVEMBER 15, 2012 f Mr. REID. I ask unanimous consent to proceed to Calendar No. 507, H.R. Mr. REID. Mr. President, I ask unan- NOTICE OF INTENT TO OBJECT TO 6131. imous consent that when the Senate PROCEEDING The PRESIDING OFFICER. The completes its business today, it ad- I, Senator CHARLES GRASSLEY, intend clerk will report the bill by title. journ until 9 a.m. on Thursday, Novem- to object to proceeding to the nomina- The legislative clerk read as follows: ber 15, 2012; that following the prayer tion of Richard B. Berner, to be Direc- A bill (H.R. 6131) to extend the Under- and the pledge, the Journal of pro- tor of the Office of Financial Research taking Spam, Spyware, And Fraud Enforce- ceedings be approved to date, the at the Department of the Treasury; ment With Enforcers beyond Borders Act of morning hour be deemed expired, and dated: November 14, 2012. 2006, and for other purposes. the time for the two leaders be re- f There being no objection, the Senate served for their use later in the day; proceeded to consider the bill. that the majority leader be recognized, AUTHORITY FOR COMMITTEES TO Mr. REID. Mr. President, I ask unan- and that the time following leader re- MEET imous consent that the bill be read a marks be equally divided and con- COMMITTEE ON BANKING, HOUSING, AND URBAN third time and the Senate proceed to a trolled between the two leaders or AFFAIRS voice vote on passage of this bill. their designees; that at 9:15 a.m. to- Mr. WHITEHOUSE. Mr. President, I The bill (H.R. 6131) was read the third morrow morning, the Senate proceed ask unanimous consent that the Com- time. to vote on the motion to invoke clo- mittee on Banking, Housing, and The PRESIDING OFFICER. Hearing ture on S. 3525, the Sportsmen’s Act of Urban Affairs be authorized to meet no further debate, the question is on 2012; further, that the filing deadline during the session of the Senate on No- the passage of the bill. for second-degree amendments to S.

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6828 CONGRESSIONAL RECORD — SENATE November 14, 2012 3525 be 9:10 a.m. on Thursday, tomor- There being no objection, the Senate, WILLIAM L. THOMAS, OF FLORIDA, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT row. at 7:02 p.m., adjourned until Thursday, OF FLORIDA, VICE ADALBERTO JOSE JORDAN, ELE- The PRESIDING OFFICER. Without November 15, 2012, at 9 a.m. VATED. ANALISA TORRES, OF NEW YORK, TO BE UNITED objection, it is so ordered. f STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW YORK, VICE NAOMI REICE BUCHWALD, RETIRED. f NOMINATIONS DERRICK KAHALA WATSON, OF HAWAII, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF HAWAII, PROGRAM Executive nominations received by VICE DAVID A. EZRA, RETIRED. the Senate: CLAIRE R. KELLY, OF NEW YORK, TO BE A JUDGE OF Mr. REID. Mr. President, the first THE UNITED STATES COURT OF INTERNATIONAL TRADE, THE JUDICIARY VICE EVAN J. WALLACH, ELEVATED. vote tomorrow will be at 9:15 a.m. on VALERIE E. CAPRONI, OF THE DISTRICT OF COLUMBIA, IN THE COAST GUARD the Sportsmen’s Act. TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTH- ERN DISTRICT OF NEW YORK, VICE RICHARD J. PURSUANT TO TITLE 14, U.S.C, SECTION 271(D), THE FOL- f HOLWELL, RESIGNED. LOWING NAMED OFFICERS FOR APPOINTMENT IN THE KENNETH JOHN GONZALES, OF NEW MEXICO, TO BE UNITED STATES COAST GUARD TO THE GRADE INDI- ADJOURNMENT UNTIL 9 A.M. UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF CATED: TOMORROW NEW MEXICO, VICE BRUCE D. BLACK, RETIRED. RAYMOND P. MOORE, OF COLORADO, TO BE UNITED To be rear admiral lower half Mr. REID. Mr. President, if there is STATES DISTRICT JUDGE FOR THE DISTRICT OF COLO- RADO, VICE WILEY Y. DANIEL, RETIRING. CAPT. PETER J. BROWN no further business to come before the BEVERLY REID O’CONNELL, OF CALIFORNIA, TO BE CAPT. SCOTT A. BUSCHMAN Senate, I ask unanimous consent that UNITED STATES DISTRICT JUDGE FOR THE CENTRAL CAPT. MICHAEL F. MCALLISTER DISTRICT OF CALIFORNIA, VICE VALERIE L. BAKER, RE- CAPT. JUNE E. RYAN it adjourn under the previous order. TIRED. CAPT. JOSEPH M. VOJVODICH

VerDate Mar 15 2010 23:34 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 9801 E:\RECORD12\NOVEMBER\S14NO2.REC S14NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE