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, TUESDAY, JANUARY 1, 2013 No. 172 House of Representatives The House met at noon and was PLEDGE OF ALLEGIANCE ANNOUNCEMENT BY THE SPEAKER called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the PRO TEMPORE pore (Mr. DOLD). gentleman from Illinois (Mr. SHIMKUS) The SPEAKER pro tempore. The f come forward and lead the House in the Chair will entertain up to 15 requests DESIGNATION OF SPEAKER PRO Pledge of Allegiance. for 1-minute speeches on each side of TEMPORE Mr. SHIMKUS led the Pledge of Alle- the aisle. giance as follows: The SPEAKER pro tempore laid be- f fore the House the following commu- I pledge allegiance to the Flag of the United States of America, and to the Repub- THE UKRAINE’S BACKSLIDE IN nication from the Speaker: lic for which it stands, one nation under God, DEMOCRACY WASHINGTON, DC, January 1, 2013. indivisible, with liberty and justice for all. I hereby appoint the Honorable ROBERT J. (Mr. SHIMKUS asked and was given DOLD to act as Speaker pro tempore on this f permission to address the House for 1 day. MESSAGE FROM THE SENATE minute and to revise and extend his re- JOHN A. BOEHNER, marks.) Speaker of the House of Representatives. A message from the Senate by Ms. Mr. SHIMKUS. Mr. Speaker, the f Curtis, one of its clerks, announced Ukraine, once a model for democratic that the Senate has passed without PRAYER transition in the Eurasia region and amendment a bill of the House of the the world after the Orange Revolution, The Chaplain, the Reverend Patrick following title: has been experiencing significant back- J. Conroy, offered the following prayer: H.R. 6060. An act to amend Public Law 106– sliding in democracy. The Organization Eternal God, we give You thanks for 392 to maintain annual base funding for the for Security and Cooperation in Europe giving us another day, a new year. Upper Colorado and San Juan fish recovery found that the October elections did The political struggles of the past programs through fiscal year 2019. not meet international standards, and year have revealed the divisions that The message also announced that the the arrest and continued harassment exist in our Nation. There are many Senate has passed with amendments in and mistreatment of opposition lead- American citizens who are angry, frus- which the concurrence of the House is ers, including the former prime min- trated, and anxious for the future. requested, a bill of the House of the fol- ister, Yulia Tymoshenko, also causes This day is a day of history. Send lowing title: concern. The trial against Ms. Your spirit upon the Members of the H.R. 8. An act to extend certain tax relief Tymoshenko in the gas case was de- people’s House. May an imperfect com- provisions enacted in 2001 and 2003, and to scribed as selective persecution in promise, when viewed from the per- provide for expedited consideration of a bill statements by the U.S., Russia, United spective of our differences, not be un- providing for comprehensive tax reform, and Kingdom, Germany, Italy, Spain, and dermined by a desire for political vic- for other purposes. other European countries. tory. This is difficult for all. Give each The message also announced that the On July 16, 2012, our colleague, CHRIS Member the grace of courage to forge a Senate has passed with an amendment SMITH, introduced a measure calling constructive solution for the good of in which the concurrence of the House for Ukrainian authorities to release po- the Nation and all Americans. is requested, a bill of the House of the litical opposition leaders and hold free Help us to trust that no matter what, following title: and fair elections. At the beginning of You will not abandon us. H.R. 6586. An act to extend the application a new year, I call on Ukrainian offi- May all that is done this day be for of certain space launch liability provisions cials to immediately free Ms. Your greater honor and glory. through 2014. Amen. Tymoshenko and other political pris- The message also announced that the oners. f Senate has passed a bill of the fol- f THE JOURNAL lowing title in which the concurrence of the House is requested: The SPEAKER pro tempore. The LET’S REGAIN CONTROL OF Chair has examined the Journal of the S. 302. An act to authorize the Secretary of AMERICA’S DESTINY the Interior to issue right-of-way permits for last day’s proceedings and announces a natural gas transmission pipeline in non- (Mr. KUCINICH asked and was given to the House his approval thereof. wilderness areas within the boundary of permission to address the House for 1 Pursuant to clause 1, rule I, the Jour- Denali National Park, and for other pur- minute and to revise and extend his re- nal stands approved. poses. marks.)

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

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VerDate Mar 15 2010 00:29 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A01JA7.000 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7518 CONGRESSIONAL RECORD — HOUSE January 1, 2013 Mr. KUCINICH. A New Year’s deal for Mr. Speaker, Congress should join b 1210 New Year’s Day—or is it Groundhog Spending Anonymous. A LOST OPPORTUNITY FOR Day? Because like the movie ‘‘Ground- And that’s just the way it is. REFORM hog Day,’’ this government in 2 months f will arrive at another crisis of debt, of (Mr. BLUMENAUER asked and was 150TH ANNIVERSARY OF THE spending, and taxes. given permission to address the House EMANCIPATION PROCLAMATION Our debt-based economic system, for 1 minute.) with its exponential growth of debt due (Mr. BUTTERFIELD asked and was Mr. BLUMENAUER. The agreement to compounded interest, consigns us to given permission to address the House we are expected to vote on, perhaps as massive unemployment, threatens the for 1 minute.) early as this afternoon, has many com- social safety net, a deteriorated infra- Mr. BUTTERFIELD. Mr. Speaker, I mendable and important items. Unfor- structure, a psychology of poverty rise today to commemorate the 150th tunately, too many are short term; amidst plenty, austerity. Congress anniversary of the signing of the much is left out; and most important, must regain its full power accorded Emancipation Proclamation. In the we are losing an opportunity for re- under the Constitution, article I, sec- early 19th century, 4 million slaves re- form. tion 8, to coin, to create money, to in- sided in the South, public opinion in We cannot continue to have, by far, vest in our Nation interest-free, to put the North began to oppose it, States re- the world’s largest and most expensive America back to work. Why go into sisted by ceding from the Union, and a military, the world’s lowest taxes, the debt borrowing money from China, brutal civil war ensued. most expensive and inefficient health Japan, South Korea, when we have the In order to end slavery and the war, care system, and continue to allow our constitutional authority to protect our President Lincoln on September 22, country’s infrastructure to fall apart economic sovereignty and to ensure 1862, issued a preliminary emanci- all while America grows and ages. America’s long-term fiscal health? pation proclamation directing all re- This agreement represents absolutely The endless cycle of increasing taxes belling States to free their slaves and the least we could have done under and cutting spending will not work be- return to the Union in 100 days. these circumstances and tragically in- cause the debt keeps ballooning with Lincoln made it clear: should they stitutionalizes for the next Congress compounding interest. It is time for a fail to do so, he would use his author- the madness of short-term frenzy new American monetary policy to ity as Commander in Chief to end slav- around artificial deadlines that drives climb out of poverty and debt. Reforms ery. States failed to act, and Lincoln the American public crazy. are outlined in the National Emer- signed the proclamation January 1, Not only can we do better; we must gency Employment Defense Act, H.R. 1863. do better. This flawed, partial plan is 2990. It’s the NEED Act. More than 200,000 lives were lost in not just a lost opportunity; it rep- Let’s regain control of America’s des- the war. Lincoln lost his own life with resents a real setback. tiny. an assassin’s bullet following reelec- f tion. This is American history that THANK YOU FOR THE every individual must understand and f OPPORTUNITY TO SERVE appreciate. Today, Mr. Speaker, we commemo- (Mr. MANZULLO asked and was SPENDING ANONYMOUS rate 150 years of freedom for African given permission to address the House (Mr. POE of Texas asked and was American citizens. for 1 minute.) given permission to address the House f Mr. MANZULLO. Mr. Speaker, this is for 1 minute.) the last time I’ll have the opportunity Mr. POE of Texas. Mr. Speaker, it’s GET IT RIGHT AND DON’T ACT IN to address my colleagues as I wind up New Year’s Day 2013. What an excellent HASTE a 20-year career in the House of Rep- time for Congress to make at least one (Mr. BROOKS asked and was given resentatives on January 3. I want to New Year’s resolution. permission to address the House for 1 thank my constituents for giving me Congress is addicted to spending minute.) the honor and the opportunity to fulfill money. Maybe Congress should join Mr. BROOKS. Mr. Speaker, the Sen- the dreams of a 10-year-old child who Spending Anonymous. Here is the 12- ate passed a fiscal cliff bill this morn- dreamed about becoming a Member of step plan: ing without time for Senators to ade- the House of Representatives. One, Congress should admit it’s ad- quately consider it and, more impor- Twenty years ago, almost to the date dicted to spending someone else’s tantly, without giving the American when I was first sworn in, our family money; people time to understand it and share visited the Emancipation Proclama- Two, make a list of the wasteful their insight with Congress. tion at Archives. It’s open again today. spending; Senator MITCH MCCONNELL observed, He was from my State. He served our Three, pass a yearly budget and a ‘‘This shouldn’t be the model for how State. In the incredible speech that he constitutional balanced budget amend- we do things around here,’’ and then gave at Gettysburg, he talked about ment; the Senate proceeded like a bull in a people coming here to do the unfin- Four, stop giving money to countries china closet anyway. ished work. That’s the job of all of us that hate us; The Senate boasts it is America’s de- as Members of Congress is to do the un- Five, have the resolve not to spend liberative body. Today, that claim finished work as Lincoln saw it—the money we don’t have; rings hollow. unfinished work not only to bind the Six, don’t contribute to the addiction Mr. Speaker, the House must post- wounds of the Nation but to keep by taking more money away from pone this vote until Congress and the America together. That’s the charge Americans; American people have time to study that we have continually is to keep Seven, don’t borrow any more money and evaluate this extraordinarily com- America together. from China; plex legislation and its impact on God bless you and thank you for the Eight, don’t make excuses for our ad- taxes, revenue, the economy, our debt, opportunity to serve. diction; and a myriad of other issues. It is bet- f Nine, don’t blame others for the ad- ter to get it right than to act in haste. diction; Mr. Speaker, if we vote on the Senate THE AMERICAN ECONOMY NEEDS Ten, run Congress like most people fiscal cliff bill today, I will vote TO GROW run their family budgets; against it because this is not the way (Mr. HIGGINS asked and was given Eleven, remember, we are to do the to do the people’s business. I will not permission to address the House for 1 will of the people; condone with my vote a process that minute.) Twelve, have a support group and denies the American people an oppor- Mr. HIGGINS. Mr. Speaker, the peo- meet regularly to confess our addic- tunity to participate in their Republic ple in this Chamber who do all the tion. on issues of this magnitude. complaining about spending, the record

VerDate Mar 15 2010 01:09 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.003 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7519 clearly shows, voted for all the spend- E PLURIBUS UNUM A HOUSE DIVIDED WILL NOT ing that they complain about: two wars STAND (Mr. COHEN asked and was given per- that took $1 trillion out of the Amer- (Mr. FATTAH asked and was given ican economy, unfunded tax cuts that mission to address the House for 1 minute.) permission to address the House for 1 created the worst economy in 60 years, minute.) Mr. COHEN. We’ve heard from a col- and an unpaid drug prescription pro- Mr. FATTAH. It’s a new year. For league of mine on the Democratic side gram that will cost $730 billion over my youngest children, both will grow 1 who sounds like he’s not going to vote the next 10 years. year older this year. My daughter for this bill, and we’ve heard it from a Moreover, the House Republican Chandler will turn 10, and my teenager, couple of folks on the other side. Well, budget for 2013 spends $900 billion more Cameron, will turn 15. Today, we know I’m going to vote for it, not because I than it takes in in revenues. That Re- the birthday of the Emancipation Proc- think it’s all the best sugar and spice publican budget imbalance will require lamation as we celebrate it here in and everything nice, but because, for raising the debt ceiling early this year. Washington. Our country, hopefully, one thing, I believe our President and Raising the debt ceiling does not au- gains maturity as we go forward. our Vice President know what they can thorize you to spend more money. It We were reminded a long time ago get in a negotiated deal with the Re- authorizes you to pay back the money that a House divided would not stand. publican side in the Senate and what that you’ve already spent. Republicans We have to come together, and we might pass this House as well, and they in this House voted for it, and they should put away some of the nonsense know what our country needs. have a moral obligation to repay that of attacking the President for spending money. My district can’t afford to wait a few when our Founders when writing the Mr. Speaker, the American economy days and have the stock market go Constitution gave the Congress control needs to grow much more than the pro- down 300 points tomorrow if we don’t over the spending. In article I, section jected 2 percent for 2013. Two percent get together and do something, and the 9, clause 7, we control the spending. So growth is not enough to sustain the people in my district need unemploy- if we want to back away from spending, current level of employment. The ment compensation and need to know we need to look in the mirror. In terms American economy needs robust in the future that they’re going to have of this agreement, rather than curse growth at 3 to 4 percent, growth that the low-income earned tax credit and the darkness, we should look at those can only come from investments in college credit. who have lit the candle. When we can education, road and bridge building, re- It’s important that we keep this have a bipartisan vote of 89 Senators search. We need to do nation-building country moving in the right direction start this year off and move our coun- not in Afghanistan, not in Iraq, but na- and away from another recession. ‘‘E try forward, we should rally behind tion-building at home, here in Amer- Pluribus Unum’’ is not just on our them. ica. bills, but it’s what we are as legisla- I ask my colleagues to vote in favor tors. We are one of 435 and one of 535, of the agreement in order to move f including the Senate. We need to come away from the cliff and continue to together and work together for the bet- move our country towards greatness. LET’S FIND A BETTER WAY terment of the country. FORWARD This isn’t the perfect deal, but it’s f (Mr. RIGELL asked and was given the deal we got, and it’s the deal I’m going to support. I hope that my col- A SMALL FINGER IN A DIKE WITH permission to address the House for 1 HUNDREDS OF HOLES minute and to revise and extend his re- leagues will resolve to give the Presi- (Mr. ISSA asked and was given per- marks.) dent and the Vice President the benefit of the doubt as the year goes on and as mission to address the House for 1 Mr. RIGELL. Mr. Speaker, what do I do today. minute and to revise and extend his re- we know with certainty about the bill marks.) which passed the Senate? We know it f Mr. ISSA. I wish I could say that this has bipartisan support, and that’s en- was a proud moment, a moment in couraging. I’m a Republican who has which we started the year off right, in been making the case that revenues FUTURE GENERATIONS DESERVE BETTER which the 1st of January was the first must rise. This bill does that; and if it of a great many good things. It isn’t. becomes law, it provides some cer- (Mr. GOHMERT asked and was given We’re kicking the can down the road. tainty to our Tax Code, which would permission to address the House for 1 Worse than that, when faced with a surely help our economy. minute.) mountain of debt that we were heading Yet, Mr. Speaker, we also know with Mr. GOHMERT. Last night was the for, like an airplane, did we climb over certainty that it fails to address the first time in my life that I’ve sat at my it? No. What we’re going to do in the mortal threat facing our country—un- desk as we went into a new year, but it present plan is put another nearly tril- controlled spending. It fails to reflect gave me a chance to contemplate what lion dollars’ worth of debt on the the balanced approach that was advo- we’re about. American people. cated by our President. So we find our- Time is running out to change the di- We’re going into a new year as the selves again with a bill that reflects rection because that trillion dollars first generation who did not ask the not financial wisdom but the seductive isn’t just a problem for the next gen- question: What can we do? What can we spirit that pervades this town. The eration. It’s a problem for corporate sacrifice to make future generations time to confront our spending addic- America, and it’s a problem for every have a better life than we have? In- tion is not now. It’s later, they say— American. The trillion dollars we spend stead, we asked: How much can we eke we’ll do the right thing then. and waste this year is $1 trillion that up taxes a little bit so that we can In lacking knowledge, political cour- we will have to bear for the rest of our keep spending 58 cents to get a dollar’s age—or both—leaders in Washington lives. worth of wasteful, bloated government continue to overpromise. They’re like Mr. Speaker, I may vote for what so that our children and grandchildren salespeople who tell their customers comes on the floor. I certainly will can pay 42 cents of every dollar that we they can have a $30,000 car but only pay vote for a bill, which I’m going to man- waste on ourselves? $18,000 for it. Who doesn’t like that age in a few minutes, to hold down the deal? The truth—and what we know Is that any way to start the new growth of spending in the government; with certainty—is that the full cost, year? but I’ll tell you, I won’t do it thinking indeed, will be paid by their children, We’re taking up a bill that will not we’ve accomplished anything here the next generation of Americans. do anything to cut spending. I am em- today other than the smallest finger in There is a better way forward, Mr. barrassed for this generation. The fu- a dike that, in fact, has hundreds of Speaker, for Americans. Let’s find it. ture generations deserve better. holes in it.

VerDate Mar 15 2010 00:29 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.005 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7520 CONGRESSIONAL RECORD — HOUSE January 1, 2013 b 1220 PATRIOTIC GLUE We do have an opportunity to sta- FIGHTING FOR THE AMERICAN (Mr. CLEAVER asked and was given bilize taxation for 99 percent of all PEOPLE permission to address the House for 1 Americans, to extend depreciation and investment expansion for small busi- (Ms. JACKSON LEE of Texas asked minute and to revise and extend his re- marks.) nesses, to make sure that families in and was given permission to address America, through the child tax credit, the House for 1 minute and to revise Mr. CLEAVER. Mr. Speaker, I don’t particularly like the bill that is going the earned income tax credit, and stu- and extend her remarks.) dent loans, are stabilized for their Ms. JACKSON LEE of Texas. I join to come to the floor, but I am going to vote for it. And the reason is, stum- planning in calendar year 2013. The with my earlier colleague in acknowl- R&D tax credit is extended. So there’s edging the 150th year of the Emanci- bling through one of those Dollar Gen- eral stores looking for some last a lot in this package that’s good. pation Proclamation. What a moving And there’s a lot that’s not addressed moment last evening at the National minute gifts, I stumbled across a sec- tion that had Gorilla Glue and Magic at all in this package. We have a debt Archives when I read the words: Hence ceiling crisis pending. We have a se- forth these slaves are free. Stick’em Glue, and I thought, Boy, if I can get some of this stuff, first I would questration crisis spending. It must be I rise with a more optimistic view addressed, or it’s going to have a huge glue the top of the kitchen trash can so and a view that says we have the op- drag on the United States economy, my wife’s puppy won’t continue to go portunity to do what is right by the and in the case of the debt, once again, in it. And then I thought, well, I’ll use American people. But we must also rec- revisit the issue of default for the first some of this glue to impress people ognize that we have to tell the truth. time in American history. At the end of the Clinton administra- that I can actually fix things. Then I So it’s not a perfect package, but it tion, this Nation had $5 trillion in sur- thought, maybe I can do it when I’m is something that gets us by while we plus. But with wasteful tax cuts and performing marriages: instead of say- tackle the larger issues in the next spending by our Republican friends, we ing ‘‘until death do us part,’’ say ‘‘until Congress. I pray God that next Con- find ourselves in this deficit. the glue wears out.’’ gress is more willing to compromise I don’t know what my decision will Then I thought, wouldn’t it be great than this. be as we move forward on this issue of if we could glue ourselves to each other the fiscal cliff, but I will say this: we across the aisle. I mean, after all, it is f will not tolerate the American people only if we are sticking together that MOVING FORWARD FOR THE being held hostage over the debt ceil- we’re going to be able to address the AMERICAN PEOPLE ing and these unhelpful cuts that will problems that face this country. (Mr. MEEKS asked and was given cut into those who are the most vul- The truth of the matter is we already permission to address the House for 1 nerable. That will not be the pathway have some glue. One Nation under minute and to revise and extend his re- that we will take because every econo- God—patriotic glue. We’re supposed to marks.) mist will tell you that if you invest in work together, to stick together. With- Mr. MEEKS. Today we have an op- your people and build infrastructure, out us coming to the point where we tion. We are confronted with a bill that you will grow this country and you’ll really understand ‘‘E pluribus unum’’— we can vote for or vote against. We can turn this economy and you’ll be able to out of many, one—this body, for the allow us to go over the ceiling, or we get people jobs. That’s the message lack of glue, will not do the business of can try to come together and pass that will come forth from this day, this country. something that probably on both sides January 1, when we are here in this f of the aisle no one agrees with 100 per- Congress. cent. It seems to me, while I have long GETTING THE JOB DONE I want the American people to be op- advocated for a big deal so we don’t timistic because there are Members of (Mr. ALTMIRE asked and was given have to continue fighting in regards to Congress that will fight for your permission to address the House for 1 the debt ceiling or sequestration, that growth, your opportunity, your free- minute.) we’ve got to make sure, though, that dom. That is what America is all Mr. ALTMIRE. Mr. Speaker, last we do something. And this bill that about. night the Senate did what great delib- will come to the floor today I will vote f erative bodies are supposed to do—they for with many a thing in the bill that worked together. They compromised. I don’t like. But I’m sure from listen- BAD DEAL FOR AMERICA They accommodated other point of ing to some of my colleagues, there are (Mr. MORAN asked and was given views, and they got the job done. many things in the bill that they don’t permission to address the House for 1 Yes, it was a little bit late. It wasn’t like. minute and to revise and extend his re- exactly timed as we would have liked, Generally, I find that when both marks.) but now it’s our turn. The Senate sides don’t like something, then maybe Mr. MORAN. Mr. Speaker, the deal passed it in a bipartisan, overwhelming we are moving into the right direction that Republican Senate leader MITCH way. My colleagues, let’s join together and maybe we are moving forward in a MCCONNELL was able to get his col- today. Let’s show the American people positive way for the American people. leagues to pass last night is a bad deal that this Congress is not broken. That So I come to the floor saying I’m not for America and a worse deal for our we are not so dysfunctional that we fully satisfied, but it’s all right because children’s future. It’s the largest in- can’t, at minimum, work together, I think we have to move forward and crease in public debt that this body come to agreement, compromise. Let’s do the best that we can for the Amer- will have ever passed—more than $5 get this done. This is too important for ican people. trillion from today’s current law. the American people to let this go one f Our deficit this year alone is likely more day. Please join me in supporting to be about $1.3 trillion. This would re- the fiscal cliff bill today. NORTH KOREAN CHILD WELFARE ACT OF 2012 duce it down to $1.24 trillion with $60 f billion of new revenues that it gains. Ms. ROS-LEHTINEN. Mr. Speaker, I Most importantly, it sets up three NOT A PERFECT PACKAGE ask unanimous consent to take from more fiscal cliffs over the next 3 (Mr. CONNOLLY of Virginia asked the Speaker’s table the bill (H.R. 1464) months when appropriations spending and was given permission to address to develop a strategy for assisting expires on March 27, when the debt the House for 1 minute and to revise stateless children from North Korea, ceiling has to be increased at the end of and extend his remarks.) and for other purposes, with the Senate February, and when the sequester has Mr. CONNOLLY of Virginia. Mr. amendments thereto, and concur in the to be dealt with at the very same time. Speaker, we are about to have a hold- Senate amendments. So all we’ve done is to stumble for- your-nose vote here in the House of The Clerk read the title of the bill. ward into an even less predictable situ- Representatives. And many of us are The SPEAKER pro tempore. The ation with far fewer resources to invest going to wrestle with the problem of Clerk will report the Senate amend- in our Nation and our children’s future. making perfect the enemy of the good. ments.

VerDate Mar 15 2010 00:29 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.007 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7521 The Clerk read as follows: adoption processing, if appropriate, of those and nays are ordered, or on which the Senate amendments: who habitually reside in a Hague country or a vote incurs objection under clause 6 of Strike all after the enacting clause and in- non-Hague country. rule XX. sert the following: (4) Department of State diplomatic efforts to Record votes on postponed questions encourage countries in which North Korean SECTION 1. SHORT TITLE. children or children of one North Korean parent will be taken later. This Act may be cited as the ‘‘North Korean are fleeing persecution or reside as de jure or de f Child Welfare Act of 2012’’. facto stateless persons to resolve issues of state- CONGRESSIONAL PAY FREEZE SEC. 2. SENSE OF CONGRESS. lessness of North Koreans residing in that coun- It is the sense of Congress that— try. AND FISCAL RESPONSIBILITY ACT (1) hundreds of thousands of North Korean (5) Department of State efforts to work with Mr. ISSA. Mr. Speaker, I move to children suffer from malnutrition in North the Government of the Republic of Korea to es- suspend the rules and pass the bill Korea, and North Korean children or children tablish pilot programs that identify, provide for (H.R. 6726) to prevent the 2013 pay ad- of one North Korean parent who are living out- the immediate care of, and assist in the family justment for Members of Congress and side of North Korea may face statelessness in reunification of North Korean children and neighboring countries; and children of one North Korean parent living persons holding other offices or posi- (2) the Secretary of State should advocate for within South Korea and other countries who tions in the Federal Government from the best interests of these children, including, are fleeing persecution or are living as de jure or being made. when possible, facilitating immediate protection de facto stateless persons. The Clerk read the title of the bill. for those living outside North Korea through Amend the title so as to read: ‘‘An Act to The text of the bill is as follows: family reunification or, if appropriate and eligi- express the sense of Congress regarding H.R. 6726 ble in individual cases, domestic or inter- North Korean children and children of one national adoption. Be it enacted by the Senate and House of Rep- North Korean parent and to require the De- resentatives of the United States of America in SEC. 3. DEFINITIONS. partment of State regularly to brief appro- Congress assembled, In this Act: priate congressional committees on efforts (1) APPROPRIATE CONGRESSIONAL COMMIT- to advocate for and develop a strategy to SECTION 1. SHORT TITLE. TEES.—The term ‘‘appropriate congressional provide assistance in the best interest of This Act may be cited as the ‘‘Congres- committees’’ means the Committee on Foreign these children.’’. sional Pay Freeze and Fiscal Responsibility Act’’. Relations of the Senate and the Committee on The SPEAKER pro tempore (during Foreign Affairs of the House of Representatives. SEC. 2. ELIMINATION OF 2013 PAY ADJUSTMENT. (2) HAGUE COUNTRY.—The term ‘‘Hague coun- the reading). Without objection, the (a) IN GENERAL.—Section 147 of the Con- try’’ means a country where the Convention on reading is dispensed with. tinuing Appropriations Act, 2011, as amended Protection of Children and Cooperation in Re- There was no objection. by section 114(a) of the Continuing Appro- spect of Intercountry Adoption, done at The The SPEAKER pro tempore. Is there priations Resolution, 2013 (Public Law 112– Hague May 29, 1993, has entered into force and objection to the request of the gentle- 175; 5 U.S.C. 5303 note), is amended— is fully implemented. woman from Florida? (1) in subsection (b)(1), by striking the (3) NON-HAGUE COUNTRY.—The term ‘‘non- There was no objection. matter after ‘‘ending on’’ and before ‘‘shall Hague country’’ means a country where the A motion to reconsider was laid on be made’’ and inserting ‘‘December 31, 2013,’’; Convention on Protection of Children and Co- and operation in Respect of Intercountry Adoption, the table. (2) in subsection (c), by striking the matter done at The Hague May 29, 1993, has not en- f after ‘‘ending on’’ and before ‘‘no senior ex- tered into force. WAIVING THE REQUIREMENT ecutive’’ and inserting ‘‘December 31, 2013,’’. SEC. 4. BRIEFINGS ON THE WELFARE OF NORTH (b) ELIMINATION OF DELAYED ADJUST- KOREAN CHILDREN. THAT MEASURES ENROLLED MENT.—Section 114(b) of the Continuing Ap- (a) IN GENERAL.—The Secretary of State shall DURING THE REMAINDER OF propriations Resolution, 2013 is repealed. designate a representative to regularly brief the THE ONE HUNDRED TWELFTH The SPEAKER pro tempore. Pursu- appropriate congressional committees in an un- CONGRESS BE PRINTED ON ant to the rule, the gentleman from classified setting on United States Government PARCHMENT California (Mr. ISSA) and the gen- efforts to advocate for the best interests of North Ms. ROS-LEHTINEN. Mr. Speaker, I Korean children and children of one North Ko- tleman from Virginia (Mr. CONNOLLY) rean parent, including efforts to address, when send to the desk a privileged concur- each will control 20 minutes. appropriate, the adoption of such children liv- rent resolution and ask for its imme- The Chair recognizes the gentleman ing outside North Korea without parental care. diate consideration in the House. from California. (b) CONTENTS.—The Secretary’s designee shall The Clerk read the concurrent reso- GENERAL LEAVE be prepared to address in each briefing the fol- lution, as follows: Mr. ISSA. Mr. Speaker, I ask unani- lowing topics: H. CON. RES. 147 (1) The analysis of the Department of State of mous consent that all Members may the challenges facing North Korean children re- Resolved by the House of Representatives (the have 5 legislative days within which to siding outside North Korea and challenges fac- Senate concurring), That pursuant to the last revise and extend their remarks and in- ing children of one North Korean parent in sentence of section 106 of title 1, United clude extraneous materials on the bill other countries who are fleeing persecution or States Code, the requirement of section 107 under consideration. of such title that the enrollment of any bill are living as de jure or de facto stateless per- The SPEAKER pro tempore. Is there sons. or joint resolution be printed on parchment is waived for the duration of the One Hun- objection to the request of the gen- (2) Department of State efforts to advocate for tleman from California? the best interest of North Korean children resid- dred Twelfth Congress, and the enrollment of ing outside North Korea or children of one any such bill or joint resolution shall be in There was no objection. North Korean parent living in other countries such form as may be certified by the Clerk of Mr. ISSA. Mr. Speaker, I yield myself who are fleeing persecution or are living as de the House of Representatives or the Sec- such time as I may consume. jure or de facto stateless persons, including, retary of the Senate (as applicable) to be a Mr. Speaker, for the last 2 years, when possible, efforts to address the immediate truly enrolled bill or joint resolution (as the Oversight has worked diligently. Our case may be). care and family reunification of these children, professionals have worked, to a certain and, in individual cases where appropriate, the The concurrent resolution was agreed extent, against their own best interest. adoption of eligible North Korean children liv- to. They’ve found excesses in pay and com- ing outside North Korea and children of one A motion to reconsider was laid on pensation within the Federal system North Korean parent living outside North the table. Korea. and moved with careful detail to try to (3) Department of State efforts to develop a f reduce those amounts, make them comprehensive strategy to address challenges b 1230 more commensurate with the private that United States citizens would encounter in sector. Currently, Federal workers re- attempting to adopt, via intercountry adoption, ANNOUNCEMENT BY THE SPEAKER ceive typically over $100,000 and are North Korean-origin children residing in other PRO TEMPORE about 16 percent higher compensated countries or children of one North Korean par- The SPEAKER pro tempore. Pursu- than their private sector counterparts. ent residing outside North Korea who are flee- ing persecution or are living as de jure or de ant to clause 8 of rule XX, the Chair Today we will consider something on facto stateless persons, including efforts to over- will postpone further proceedings the fiscal cliff, but before we do it, I come the complexities involved in determining today on motions to suspend the rules felt it was important to deal first with jurisdiction for best interest determinations and on which a recorded vote or the yeas this bill. And so I’m happy, in a few

VerDate Mar 15 2010 05:34 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.008 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7522 CONGRESSIONAL RECORD — HOUSE January 1, 2013 moments, to recognize Mr. which has earned an immediate and al- I urge my colleagues to support this FITZPATRICK, the author of this bill, most universal scorn, as well it should. bill and to send the American people which is very narrow, but simply says As we close out 2012, there are still the strong message that the public sec- that the President cannot and should too many issues unresolved. There are tor and elected officials do not consider not add about $11 billion to the deficit too few instances of accomplishments themselves exempt from the economic by the stroke of a pen, by an executive or results. Our economy is still at risk, realities of our time. order at a time in which he’s negoti- and the American people are still Mr. CONNOLLY of Virginia. Mr. ating to try to raise taxes to earn struggling. American workers have Speaker, I yield myself such time as I maybe another $60 billion or $70 billion, given all they can. Have we? Have we may consume. at most, for the Federal Treasury. given all that we can? Mr. Speaker, I rise in strong opposi- So this will stop the Federal workers I’m glad to see that so many in this tion to this bill, H.R. 6726, which seeks from receiving a pay increase. It will Chamber have cosponsored this meas- to extend the pay freeze on the dedi- not stop their step increases. It will ure. And in the past 24 hours, I’ve seen cated men and women of our civil serv- not stop their merit increases. It will comments from Democrats and Repub- ice for the third consecutive year. licans expressing outrage at the Presi- not stop a great many other increases b 1240 in their pay and compensation. But it dent’s unilateral executive order. A will say that, at this time, when the Democrat in the Senate called it the This is a pig in a poke. American people are not getting auto- worst idea ever. A Democrat in this From the outset, let me be clear. I matic cost-of-living increases, neither House has called it inappropriate. strongly support freezing the salaries should the Federal workforce. So, extend the pay freeze for all Fed- of Members of Congress. I’ve signed a And oh, by the way, Mr. Speaker, eral workers, including elected offi- letter to do that. And if this bill did neither should you, neither should the cials. This bipartisan policy was origi- only that, I would be an original co- ranking member, neither should I. And nally put in place by our Democrat col- sponsor. But it doesn’t. The Senate last this bill stops us from giving ourselves leagues because they recognized that night did just that. It froze our sala- a pay increase that the President has the pain being felt across our economy ries. But it didn’t do this. It didn’t ex- asked for. could not be reserved for the private tend that freeze for a third year to the I reserve the balance of my time. sector. men and women who serve our country Mr. CONNOLLY of Virginia. Mr. Federal workers in my district and in Federal service. across the country are hardworking in- Speaker, in order to allow the author The bill before us today, which cyni- dividuals. They deserve fair compensa- of the bill to speak, I reserve the bal- cally pairs a pay freeze for us in Con- tion too. Mr. Speaker, we’re not trying ance of my time. gress with a continuation of the pay Mr. ISSA. I yield such time as he to punish or force unnecessary hard- freeze on career civil servants, is yet ship on civil servants, but taxpayers may consume to the gentleman from another tired, duplicative, and cheap should not be taking home less than Pennsylvania (Mr. FITZPATRICK). shot at our Nation’s dedicated Federal Mr. FITZPATRICK. Mr. Speaker, the Federal workers. workforce. It’s one last parting shot in Recent studies have shown that the American people do not get an auto- the dying days of this Congress, which average Federal worker earns 20 per- matic pay increase, and neither should cannot die too soon. cent more than a private worker in a Members of Congress. If Members of Congress and the pub- similar position. This disparity is even My bill, the Congressional Pay lic simply take a look at the score- wider when benefits are taken into ac- Freeze and Fiscal Responsibility Act, board, they’ll see that, with respect to count. We have to recognize that over gives us the chance to show the Amer- the deficit reduction, Federal workers recent years there’s been a growing dis- ican people that, at least in this re- not only have borne a disproportionate parity between the compensation for share of the cost, they’ve virtually gard, that we do get it: freeze salaries Federal workers and their counterparts borne the only share of the cost. Fed- now, including for Members of Con- in the private sector, and, quite frank- eral employees have contributed al- gress, at current levels. ly, that sends exactly the wrong mes- Mr. Speaker, there are too few oppor- ready $103 billion toward deficit reduc- sage at exactly the wrong time. tunities in this town where issues can The President’s own Debt Commis- tion through an extended pay freeze bring us together. The President has sion, which has thus far been ignored that continues to this day—and benefit done that for us this week. Unbeliev- by the President, recommended a 3- cuts. ably, in the middle of talks this week year pay freeze for Federal Govern- For example, Federal workers have on tax rates and sequestration revi- ment workers. If it would have been contributed $60 billion towards deficit sion, in the midst of high deficits and a adopted at that time, that pay freeze reduction as a result of the 2-year pay growing national debt, the President would have lasted through 2013, the freeze covering 2011 and 2012. The re- has proposed pay increases for Mem- same period of time that this bill pro- cent pay freeze extension through bers of Congress, and has done so by ex- poses. March of this year adds another $28 bil- ecutive order dated December 28. Of course, we all agree that the men lion. This total also includes the $15 I have to say that nobody in this and women of our Nation’s military de- billion contribution that will be made town saw this coming, and very few serve a pay increase while our Nation by Federal new hires who, starting think it is warranted. The Congress has is at war. This bill provides that mem- next year, will see their pay decrease not produced a budget in 3 years be- bers of the Armed Forces will continue by 2.3 percent as contributions to their cause the Senate refuses to do their to be eligible for the pay increases that pensions are raised compared to cur- job. The last thing they need is a pay have been supported by me and a rent civil servants, with no commensu- increase. In fact, the No Budget, No strong bipartisan majority of my col- rate increase in benefits. Meanwhile, Pay Act should be the law of this land. leagues. this inequity is amplified when one If you don’t produce a budget within Mr. Speaker, we hear a lot of talk compares the financial sacrifice made the prescribed period of time, you from some of our colleagues about by our dedicated civil service to the should not get paid. And if you a shared sacrifice. Higher taxes from deficit reduction contributions made produce a budget after the proscribed ObamaCare are coming, and tax rates by millionaires and billionaires over period of time, you should not get paid for certain businesses and individuals the past 2 years. retroactively. are going to go up. The private sector I might add, as if it weren’t enough, Mr. Speaker, this is common sense, and small businesses are being asked to my friends on the Republican side of but common sense just isn’t too com- sacrifice. the aisle actually tried for the first mon in this city, and there’s no sense What kind of a message does it send time to finance transit in America—in at all in the President’s executive if, at the same time, Members of Con- a transportation bill that died an igno- order to increase pay at this time—not gress, the administration, and the Fed- minious and well-deserved death—$50 now, not under these circumstances, eral Government get a pay raise? That billion by having these same pension and not in this economy. It is an action is exactly the wrong message at ex- benefit cuts on existing civil servants, taken unilaterally by the President, actly the wrong time. which would have added $50 billion

VerDate Mar 15 2010 01:51 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.012 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7523 more to the deficit reduction cost only This was a cynical planned move, Mr. terday. If there is a clean bill intro- apportioned to Federal workers. Mean- Speaker, on the part of our President. duced by my friends from Minnesota while, if I’m not mistaken, compared He brought great drama to this effort, and Pennsylvania simply to freeze con- to the $103 billion deficit reduction unnecessary drama. Because, you see, gressional salaries, I’m only too happy contribution by Federal employees, the this House of Representatives already to cosponsor it. I know that will reas- deficit reduction sacrifices—that did this job to avert the fiscal cliff. We sure my friend, the chairman of the shared sacrifice my friend from Penn- did this work. It was completed last committee. sylvania referred to—has demanded of August. We said that no one’s taxes I now yield such time as he may con- millionaires and billionaires adds up to need to go up, and we were able to off- sume to the distinguished ranking a grand total of zero. Yet, despite these set any spending cuts. The work was member of the Oversight and Govern- facts, there are still some attempting done. The problem is the Senate never ment Reform Committee, the gen- to squeeze even more deficit reduction took up the completed work of the tleman from Maryland (Mr. CUMMINGS). out of Federal workers, even as they House, and the President of the United Mr. CUMMINGS. I want to thank the seek to protect the millionaires and States spent the last half of this year gentleman for yielding. billionaires who have yet to make any continually castigating the House of Mr. Speaker, I rise in strong opposi- contribution to debt reduction in this Representatives for not having this tion to H.R. 6726, which would extend country. work done when we did our work. the pay freeze on Federal employees Republicans in the 112th Congress And so out of nowhere, again, not at through the end of 2013 and eliminate have treated Federal employees like the request of Congress, the President the pay adjustment for Members of America’s piggybank, dipping into pay decided to make a very unlovely party Congress. and benefits to help pay for everything to this conversation—the Congress— I think we need to be very careful in from the payroll tax cut to unemploy- even less palatable by putting upon us this discussion. As my distinguished ment benefits to transit in the trans- the idea that we wanted to raise our colleague from Virginia just stated, I portation bill. own salary when we had nothing what- don’t think there’s any Member of Con- Federal employees are on the front soever to do with that. That’s why over gress that is against freezing the pay of line of communities throughout Amer- the weekend I directed my staff that Members of Congress. If I had known ica. They defend America. They serve we would put forth a bill to take away about the bill, I would have cospon- side-by-side with our military in thea- this unilateral increase in salary for sored it. I don’t know when it was filed, ters of war. They put out fires. They Congress at the President’s hand. We but I would have cosponsored it, as he process Social Security checks. They put our bill together. Mr. FITZPATRICK said he would have also. But this is a deal with the sick and they deal with put his bill together. We both intro- different issue. our children. They protect our borders. duced bills yesterday. b 1250 I strongly oppose any attempt to cut And I’m very happy to be a part of benefits and wages that Federal em- this bill, as every Member of Congress I cannot understand why the House is ployees have earned by providing es- is happy to be for this bill, because, considering this bill right now. The sential services to all Americans. after all, this had nothing to do with Senate just approved a landmark deal Given the very small share of the the conversations. This was a cynical to avert the fiscal cliff with widespread Federal budget represented by Federal effort on the part of the President—and bipartisan support—a vote of 89–8. Act- employees’ salaries, further reducing I believe nothing more cynical than the ing on the fiscal cliff legislation as their pay and benefits is not rational fact that the current agreement with soon as possible should be our first and and not an effective way to reduce our the fiscal cliff was agreed to, we’re most urgent order of business this Nation’s debt. It’s picking on them. told, somewhere around 11:30 last afternoon. But instead, this bill—which I urge my colleagues to vote against is yet another assault on very hard- this bill, and I reserve the balance of night. The bill was voted on at 2:00 in the morning. Again, this is New Year’s working, middle class American work- my time. ers—was introduced not very long ago. Mr. ISSA. Mr. Speaker, I would trust Eve. I don’t know how many Senators Is this really the way the majority that the gentleman was unaware that between midnight and 2 a.m. in the wants to begin the new year? Mr. FITZPATRICK also does have a bill morning had a chance to thoroughly Members of Congress certainly can that only freezes our pay, and it does read this agreement that’s 157 pages do without a pay adjustment. And the not bear the gentleman’s name as a co- long. bill passed by the Senate last night to sponsor. Perhaps he can correct that You see, this is not how we should resolve the fiscal cliff already includes today. run our government. This is drama, un- I yield 4 minutes to the gentlelady necessary drama. And President Obama a provision freezing Members’ pay. I from Minnesota (Mrs. BACHMANN). bears the responsibility for his failure plan to vote for the package that came Mrs. BACHMANN. I thank the gen- to lead and his intentional effort, it ap- out of the Senate, assuming it stays in tleman from California. I thank Mr. pears, to mislead the American public its present form. But Federal workers FITZPATRICK for his bill as well. with this cynical bill. That’s why we are the backbone of our government. I, too, was shocked when I saw that are here this morning, to clarify the Let me say that again: Federal workers the President of the United States, out President’s action. This was not at our are the backbone of our government. of nowhere, at no request from any behest, and we are rejecting this meas- They’re the ones who support our Member of Congress, had issued a uni- ure today to increase Congress’s sal- troops in the battlefield. They are the lateral executive order, which means ary. ones who provide care to our veterans. he decided to take the law into his own Mr. CONNOLLY of Virginia. I must They’re the same ones that bring about hands and, in effect, become his own say I appreciate the gentlelady’s points cures for dreadful diseases at NIH. Congress and decide unilaterally, at about cynicism. But Federal workers They are the ones that protect our bor- the height of the fiscal cliff debate, and the American public might be for- ders and safeguard our food supply. that he would throw a new wrench into given for thinking that it is cynical to They’re the same ones that ensure our that argument, and it would be this: be decrying a last-minute deal neces- seniors get their Social Security When there is massive uncertainty, sitated by the fact that the House has checks and help hunt down terrorists unfinished business, he would decide been out for 15 of the last 19 weeks in like Osama bin Laden. They’re the that he would unilaterally give a pay recess instead of doing its business same ones. increase to the United States Congress here on the House floor, which is why In return for their hard work and exactly when the public is uncertain we’re here today. dedication, the majority has rewarded and doesn’t know what is going to hap- By the way, I also want to appre- Federal workers with an unprecedented pen. Will their taxes go up? Will they ciate, because I know it wasn’t a cheap assault on their compensation and on no longer be the recipient of a spending shot, and I know that the distinguished their benefits. This has included pro- program? chairman of the committee was trying posals to arbitrarily cut the number of And so now Congress is going to get to inform me of the fact that a bill I Federal workers. All you’ve got to do a spending increase? was not aware of was introduced yes- in my district, when you go and visit a

VerDate Mar 15 2010 01:51 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.013 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7524 CONGRESSIONAL RECORD — HOUSE January 1, 2013 place like Social Security and you talk worker, a Member of this body, or the Mr. LYNCH. I thank the gentleman to the employees—many of whom are executive branch. for yielding. my constituents—employee ranks are We’re not arguing whether or not the Mr. Speaker, I rise in strong opposi- being decimated. People are working Federal worker is dedicated at all. tion to this so-called ‘‘Federal worker harder and harder without the help We’re arguing whether this is the right pay freeze.’’ As the ranking member of that they need. Our colleagues have time to add $11 billion to a $10 trillion the Subcommittee on the Federal gone on to slash retirement benefits deficit that we’re not dealing with. We Workforce, we have witnessed a delib- and now with the most recent proposal have a $10 trillion deficit after today’s erate effort over the past 2 years of the to extend the current 2-year pay freeze action on ‘‘ending the cliff’’ that is Republican majority to undertake a se- for yet another year. still going to be projected. It hasn’t ries of legislative attacks on our mid- I know all kinds of studies are pre- been scored exactly, but it will still be dle-income Federal workers, and this sented to say that Federal workers are over $1 trillion this year—and if his- bill is no different. making a whole lot of money. Well, tory repeats itself, for every remaining Despite the title of this legislation, maybe we need to walk around and do year of the Obama administration. this bill would extend the current stat- a little survey of our own and talk to Now, the gentleman from Maryland utory pay freeze for all Federal civilian some of the people who work around did say one thing that perhaps was not employees—the vast majority of whom here. Go to some of these Departments, accurate—and he didn’t mean to. He are middle class earners—through 2013. Agriculture, the various Agencies, and said, well, if you ask people around In place of a balanced approach to talk to them. Talk to some of the la- here. Well, perhaps he forgot that here deficit reduction based on a genuine dies who may be a single-mother in the House of Representatives, this commitment to shared sacrifice, this household making $45,000 a year; talk entire body—except for congressional bill again seeks to target Federal em- to her about a pay freeze. Talk to the salaries, which are stipulated under the ployees who are already in their second Constitution—we have, in fact, had to gentlemen who moved our offices— year of a 21⁄2-year pay freeze. Collec- we’ve seen them all in the House deal with a 5 percent reduction year tively, because of the pay freeze that’s throughout our buildings—ask them over year in actual money available to been in effect for the last couple of about the pay freeze. Talk to them, and run the House, and in the next year, 6.4 years, these same Federal workers I think they will tell you another percent; meaning, we have dropped have already contributed over $100 bil- story. more than 11 percent in the dollars lion towards deficit reduction and con- Millions of middle class Federal spent—not in some hypothetical base tinued unemployment benefits for workers have already sacrificed more plus, but in the dollars spent we have other workers. than $100 billion in the name of deficit dropped more than 11 percent under I’d like to note that I am not opposed reduction and to pay for the extension Speaker BOEHNER. to a pay freeze for Members of Con- That kind of a cut has not been du- of unemployment benefits to millions gress. I think we should lead by exam- plicated by the executive branch. Had of other workers; yet our House Repub- ple. In fact, I have voted for pay freezes it been duplicated by the postal work- licans insist on raiding their pay and for congressional pay on six different ers, we wouldn’t have a $12 billion loss their benefits again. Enough is enough. occasions. We need to put aside this legislation there. Had it been duplicated by the ex- ecutive branch, to be honest, Mr. b 1300 and take up the fiscal cliff legislation Speaker, we would be talking today immediately. The Senate has done its Regrettably, however, this legisla- about how can we cut anymore and work, and now it is our responsibility. tion continues the concerning trend The one thing we should not do is let both sides would be agreeing. We throughout the 112th Congress of at- the markets open tomorrow without haven’t made an 11 percent drop in ac- tempting to address deficit reduction the fiscal cliff being resolved. As I lis- tual spending in 2 years. Had we done on the backs of middle-income workers that, we wouldn’t be looking at a hun- tened to my good friend, Mr. in the Federal Government again by dred percent growth in the last 12 years FITZPATRICK, talk about this provision attacking their take-home pay. These in the cost of government. are the dedicated folks who work at with regard to making sure that Mem- With that, I reserve the balance of bers of Congress not get a pay in- our VA hospitals; they protect our bor- my time. ders; they care for, again, our wounded crease—and I agree with him totally— Mr. CONNOLLY of Virginia. I would veterans; they run the research facili- I hope that he will also join me when I inquire of the Chair how much time re- ties in researching cures for deadly dis- vote for the legislation that has been mains on this side. sent over here by the Senate since it The SPEAKER pro tempore. The gen- ease, and they provide services to the Defense Department and the State De- contains that very, very important tleman from Virginia has 91⁄2 minutes; provision. the gentleman from California has 6 partment. So these are the people that With that, I wanted to thank again minutes. are doing the hard work, and this is not the gentleman for yielding. Mr. CONNOLLY of Virginia. Mr. a way to repay them. Again, they are Mr. ISSA. Mr. Speaker, I yield myself Speaker, I would simply observe to my already in the second year of a 21⁄2-year such time as I may consume. friend, the chairman of the committee, pay freeze. The ranking member made a good in talking about the 11 percent cut I agree that that pay freeze should point, and in this body you should al- here in the House of Representatives, apply to me and other Members of Con- ways go along with that which is true of course that does not address the gress; however, these hardworking fel- and oppose that which is false. The lack of productivity here in the House. low employees should not be asked to gentleman made an excellent point: we There are many Americans who might carry even more of this burden. do have hundreds of thousands of hard- think that that cut is deserved given I thank the gentleman for yielding. working Federal employees. They de- how little got accomplished in the Mr. ISSA. Mr. Speaker, I know my liver to the American people a good 112th Congress—one of the least pro- friend from Virginia means well, but, product. The vast majority of them, if ductive Congresses in American his- once again, he talks about a lack of ac- you ask them, do not feel they’re over- tory. complishment. Apparently, he hasn’t compensated. They’ve worked hard; Mr. ISSA. Will the gentleman yield? looked at the work that the clerks they’re highly educated; in fact, Mr. CONNOLLY of Virginia. I would have done here on the floor. He hasn’t they’re not overpaid in many ways. normally yield, but I would remind my looked at the work that CBO, the Con- They do, in fact, have a very generous friend, Mr. Speaker, that he would not gressional Budget Office, has done, or defined benefit plan, something the yield to me when he made his com- the Government Accountability Office. American people usually don’t have, ments about cosponsorship of the piece Those are all funded, and yet we had an something that would guarantee them of legislation, and so I reluctantly will 11 percent reduction in spending. a pension over and above their 401(k). not yield. So, in fact, when we’re talking about And automatically it increases with in- I now yield 3 minutes to the gen- the hardworking men and women of flation; automatically it is funded. tleman from Massachusetts (Mr. the government, this branch has found That’s true whether you’re a postal LYNCH). a way to reduce spending by over 11

VerDate Mar 15 2010 01:51 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.015 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7525 percent in spite of the hardworking That’s not the way to run a govern- as he has recently issued an executive men, not just here on the floor and in ment. We pass all these laws, we pass order granting pay increases to most our offices, but the Governmental Ac- appropriation bills, and then it’s the civilian employees and to Members of countability Office, the CBO and oth- executive branch’s responsibility to Congress. I believe that, given our cur- ers. carry them out. How do we think we rent economic climate and huge Fed- With that, I reserve the balance of can pass these laws and then expect eral deficits, these raises are grossly my time. people to carry these laws out with ef- inappropriate and represent an insult Mr. CONNOLLY of Virginia. Mr. ficiency and effectiveness when we to hardworking American taxpayers. Speaker, before I call on the distin- take $100 billion out of their compensa- These factors have prompted me to join guished Member from Virginia, I would tion? What kind of a message does that this legislation to halt these unneces- simply note, of course, the produc- send to the people who serve us di- sary salary increases. tivity I talk about is the productivity rectly and all of the American people’s You have heard arguments today of this legislative body, not the honor- interests in terms of their ultimate that Federal workers are being victim- able men and women who serve us, but mission? It sends all the wrong mes- ized by this legislation. Well, here are for us. sage. a few facts that will rebut that as- And we passed a fewer number of Now, I know people don’t care much sumption: bills in living memory. We have been about the procedural issue, but, boy, One, the income of the average Amer- out for 15 weeks since August instead what a precedent to set. ican private sector family has gone of doing the people’s business. That is Mr. ISSA. Will the gentleman yield? down about $4,000 during the last 4 one of the least productive records in Mr. MORAN. Yes, I yield to the gen- years; American history, and no words are tleman. Number two, Federal workers, on av- going to change that, not in the his- Mr. ISSA. I might note for the gen- erage, earn pay and benefits that are tory books and not in the minds of the tleman, it was posted last night, which equal to about twice that of their pri- American public that is showing its means it was actually posted before the vate sector counterparts; disapproval of that productivity with cliff bill. The technical dropping is a Number three, Federal workers pay the low approval ratings of this Con- different rule. But it was posted, so it an amount into their Federal retire- gress. was available to all Members last ment plan that is less than one-tenth I now am pleased to yield 3 minutes night. And, of course, as you know, it’s of the amount that private sector em- to the distinguished Member from Vir- very simple. We simply freeze, and ployees have to pay into Social Secu- ginia (Mr. MORAN). that’s not hard for people to under- rity; and Mr. MORAN. Mr. Speaker, I thank stand. I hope the gentleman under- Four, last year, hardworking Amer- my very good friend who has been tire- stands a half percent freeze is all this ican taxpayers had to pay about $40 bil- less in representing not just the inter- bill does. lion to subsidize the insolvency of the ests of his constituency but of this Mr. MORAN. I trust the gentleman Civil Service Retirement System. great country. will yield me the 30 seconds that he Mr. Speaker, for these reasons and Mr. Speaker, first of all, and it may took to explain that. the huge deficits of our Federal Gov- seem petty, but if it were done by the Mr. ISSA. I would be delighted to ernment, I support this legislation other side, it would be a big deal. This yield the gentleman 15 seconds. wholeheartedly. bill was dropped at about 20 past 12 Mr. MORAN. I thank the chairman. Mr. CONNOLLY of Virginia. Mr. today and then it was brought up. Now, The point is: you drop it on New Speaker, I have an inquiry. How much in less than an hour, we drop a bill and Year’s Eve. I’m not sure if that isn’t a time remains on this side? we bring it to the floor? That’s not the distinction without a difference, really. The SPEAKER pro tempore. The gen- way to do business. The caucuses are There’s been no time to review this. tleman from Virginia has 23⁄4 minutes involved in other things. The whole Nobody’s focused on this. remaining. The gentleman from Cali- Democratic Caucus is talking to the The SPEAKER pro tempore. The fornia has 31⁄2 minutes remaining. Vice President, and here we are about time of the gentleman has expired. Mr. CONNOLLY of Virginia. If I may to do something of real consequence, Mr. CONNOLLY of Virginia. Mr. inquire, Mr. Speaker, if my colleague not just for Federal employees and the Speaker, I yield the gentleman an addi- on the other side has any other speak- Members of Congress, but for the coun- tional 15 seconds. ers? try. Mr. MORAN. I would hope the gen- Mr. ISSA. Not at this time, so I First of all, as my very good friends, tleman who chairs Oversight and Gov- would simply reserve the right to close. Mr. LYNCH and Mr. CONNOLLY, have ernment Reform would recognize, as Mr. CONNOLLY of Virginia. I’m pre- pointed out, Federal employees have Mr. CONNOLLY and Mr. LYNCH have rec- pared to wrap up and yield back, and I contributed now over $100 billion to- ognized, that there are some very seri- yield myself such time as I may con- ward deficit reduction. They have had ous risks in going forward with this. I sume. their pay frozen for 2 years. This will don’t think that the way to solve our Mr. Speaker, I’m worried about the be a third year. New hires are going to deficit situation is to cut off our nose future of the Federal workforce’s con- have to contribute four times as much to spite our face, and that’s really tinued denigration of public service. into their pension as they would have what we are doing here. This is not fair Continued whacking away at com- to today. So they’re really being made to the Federal workforce, it’s not fair pensation and benefits that make it an a scapegoat. And we’re doing this at a to the country, and it should not be attractive career choice for so many time when we’re trying to compete in a passed today. young people is going to make it much global economy. Mr. ISSA. Mr. Speaker, I note, once harder to recruit and retain the skilled Now, what happens is we send a mes- again, that this is a half a percent that workforce of the future. And despite sage to Federal employees that if you will not be increased by this action— what my colleague just indicated—I’m can get out, get out. We don’t really half a percent—so on $100,000 it’s $500 of not quite sure where he got his statis- appreciate what you’re doing for the a pay raise that will not occur for Fed- tics—the Federal Salary Council, public sector. Get into the private sec- eral workers, and, in fact, the sky is which looks at Federal salaries every tor. Most of you can make two or three not falling if we choose not to have year, concluded that Federal employ- times what you’re making in the public that happen this year. ees earned, in 2011, 26.3 percent less sector. So this is a good time to go, be- With that, I’d like to yield 11⁄2 min- than their private sector counterparts cause otherwise your family is going to utes to the gentleman from Texas (Mr. and, this year, 34.6 percent less. A CBO have to suffer and you’re not going to FLORES). study found that people in the Federal be able to achieve the kind of quality Mr. FLORES. Mr. Speaker, our Na- workforce with a Ph.D. degree earn 23 of life that your talents, experience, tion is on the verge of going over a fis- percent less than their private sector and skills would merit, and we’re going cal cliff because Washington has a counterparts, and if you had a bach- to continue doing this to you individ- spending problem. President Obama elor’s degree, roughly 23 percent less, ually and collectively. still does not understand this problem and only in the high school level did

VerDate Mar 15 2010 01:51 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.017 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7526 CONGRESSIONAL RECORD — HOUSE January 1, 2013 they actually earn more, 21 percent goods and services that Federal Gov- increase that has a chance of becoming law more. ernment delivers. We can do better. We then I urge them to vote for the Senate’s bi- b 1310 can take waste out of Medicare, and we partisan agreement that raises taxes on mil- can take waste out of all aspects of the lionaires and billionaires and cuts taxes for Actually, we’ve got a problem. As we Federal Government. middle class families. look at the baby boom generation get- Mr. Speaker, I know this bill will Mr. CURSON. Mr. Speaker, I rise in opposi- ting ready to retire, 47 percent of the pass on a bipartisan basis because it’s tion to this bill that would extend the current entire existing workforce is eligible for appropriate to do here today. I urge its two-and-half year pay freeze for federal em- retirement over this next decade. How support, and I yield back the balance of ployees. will we recruit and retain that work- my time. Unlike others in the middle class, federal force if we’re going to continue to use Mr. VAN HOLLEN. Mr. Speaker, I rise in employees are the LONE segment that has them not only as a piggy bank to fi- strong opposition to H.R. 6726, a bill that aims made sacrifices that are directly dedicated to nance the deficit, but perhaps more dis- to claw back the .5% COLA promised to fed- deficit reduction. Federal employees have sac- gracefully as a punching bag in terms eral employees when the Continuing Resolu- rificed $60 billion dollars in lost wages over 10 of disparagement of service? We are far tion expires in March of this year. While I do years for deficit reduction, they have been away from John Kennedy’s call to not oppose the provision of the bill that forced to pay 50% of the cost of the Unem- serve your country. freezes the pay for Members of Congress, I ployment Insurance extension, contributing an- Mr. Speaker, with that, I yield back cannot support a measure that asks federal other $15 billion, and their contribution to their the balance of my time. employees who have already disproportion- pension from their pay has significantly been Mr. ISSA. I yield myself such time as ately sacrificed so much for deficit reduction to raised, further depleting their available cash to I may consume. sacrifice even more. take care of daily necessities. Mr. Speaker, in closing, this bill is This bill is yet another assault on the mid- These impacts are being felt by hard work- going to pass, and it’s going to pass dle-class Americans who work to ensure that ing employees, critical to our nation, who are likely on a bipartisan basis because it the food we eat and the water we drink are by no means the highly paid federal employ- would be the ultimate in inappropriate safe. These dedicated public servants protect ees. We are talking about nursing assistants behavior by this body to allow our pay our airports, care for our injured veterans and in VA hospitals that care for our wounded vet- to be raised. This is something I think guard our borders. And yet, as this bill proves, erans who make only $27,000 a year or prison that both sides have said fairly their service and sacrifices are not valued by correctional officers at 38,000 who face our straightforward that this is not a time many in Congress who, when they look at fed- most dangerous criminals daily. Once again, in which Members of Congress should eral employees can only see their pensions regular working men and women are being take their $174,000 salary and increase and pay and benefits as a source they can asked to sacrifice in the name of national debt it. I don’t believe we’ve earned it this turn to anytime they need extra cash. reduction, and yet this Congress has yet to year. By the way, I believe the Presi- Federal workers have contributed $60 billion pass a SINGLE tax increase on the wealthiest dent’s salary will not go up and the as part of a two-year pay freeze; they contrib- Americans. Vice President’s salary will not go up, uted $15 billion more as part of the Payroll Federal employees earn and deserve their and that is also appropriate. Tax Extension; and the Continuing Resolution wages. These workers will purchase goods But as we look at the hardworking the government is currently operating under and services, pay off bills and put this money men and women of the Federal work- asked them to forgo, until March, the .5% right back into our economy. The burden of force and look at my colleagues from COLA they were promised this year. If this bill deficit reduction should be shared, not placed Virginia who spoke and my colleague passes, the two year pay freeze Federal em- squarely on the back of America’s middle from Maryland who spoke, the point ployees are currently laboring under will be class. that the Federal workforce should be extended for another year. Enough is enough! One more point—to be clear passage of this listening to today is that, in fact, it’s Members of Congress can afford to go with- bill will include a pay raise for members of not how hard they work; it’s what can out a pay raise, but Federal employees should Congress—a raise they do not deserve. We the American people afford. We cannot not be treated as if they were the federal gov- can remedy that misfortune by passing the afford to continue these deficits. It’s ernment’s piggy-bank. American Taxpayer Relief Act of 2012 which not how hard they work. It is the inef- I ask my colleagues to join me in opposing specifically restricts an increase in Members of ficiency and waste not just in their of- this bill so that we stop wasting our time in the Congress pay. fice, but in the way government is or- dying hours of this Congress and instead Mr. WOLF. Mr. Speaker, Members of Con- ganized. focus our attention on the important business gress do not deserve a pay raise. I won’t ac- Mr. Speaker, everyone had a New of moving the bipartisan package that the cept one. In fact, all of us should have our pay Year’s resolution, I trust, last night. Senate passed yesterday to address the Fis- docked, as should the president. But that’s not For all of us, I’m sure it was to lose a cal Cliff. what this vote is about. It’s time for members little weight, do a few other things Ms. MCCOLLUM. Mr. Speaker, with regard of both parties to stop attacking our Nation’s that we haven’t been doing; but for me to H.R. 6726, this is a bill to deny all federal hardworking civil servants. particularly, it’s to go after the dupli- civilian employees a 0.5% pay increase after Unlike other sectors of our society, since the cation in government, to go after the they have endured two consecutive years of a beginning of 2011, federal employees, as a re- organizational flaws in government mandatory pay freeze. This bill unfairly pun- sult of reduced compensation and benefits, that would allow us to be less critical, ishes federal employees who have already have already made significant contributions to perhaps, of what we can afford from sacrificed significantly during difficult economic efforts to reduce our Nation’s deficit. I know our Federal workforce and more proud times. By denying federal employees even a that every federal employee continually is will- of the fact that it is organized for effi- modest salary adjustment this Republican bill ing to contribute to efforts that address our ciency. strangles the federal workforce, making fed- Nation’s unfunded spending obligations and li- Mr. Speaker, in closing, the Presi- eral service an ever less attractive career op- abilities. However, they also rightly expect that dent called for reorganization author- tion for America’s best and brightest. others will join them in this effort. ity and then did nothing in his first This bill also denies a modest cost of living The legislation before us could have a sig- term. It is my goal to give him reorga- increase to Members of Congress. If House nificant impact on our ability to recruit and re- nization and a reorganizational plan. It Republicans want to deny a pay increase for tain qualified employees. is my committee’s obligation to do Members of Congress then they should have Has anyone fully considered the impact that that. put forward a clean bill that does not punish a three-year pay freeze will have on the CIA, As I vote today to freeze our pay and the federal civilian workforce. the NSA, the National Reconnaissance Office to freeze all of the Federal workers’ Last night the U.S. Senate passed the bi- and the National Counter Terrorism Center? pay, I do so recognizing that the best partisan amendment to H.R. 8 that prevents a Or the impact on the FBI, which has, since way for Federal workers to get a pay tax increase for 98% of American taxpayers. 9/11, disrupted scores of terrorist plots against raise without it being on the backs of In Section 902 of that legislation is language our country? the American people is for us to reor- denying a cost of living increase to Members Or the impact on our military, which is sup- ganize government, whether it’s in in- of Congress in 2013. If my Republican col- ported by federal employees every day on formation technology or any other leagues really want to deny Congress a pay military bases across the Nation?

VerDate Mar 15 2010 01:51 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 9920 E:\CR\FM\K01JA7.018 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7527 Or the impact on VA hospitals across the The Nation’s debt limit has been reached. Elaine Jones, who reside in Westminster, country, which are treating military veterans We have annual deficits of more than $1 tril- Massachusetts. from World War II to today? lion. We are facing the prospect of across-the- (9) Mr. and Mrs. Jones organized the ship- ment of supplies to soldiers serving along- Or the impact on the Border Patrol? board cuts to programs from the sequester. All Or the impact on NASA, its astronauts, en- side their son, thereby supporting the morale of our Nation’s fiscal problems could be re- of the members of the Armed Forces. gineers and scientists, especially on the nine- solved if the Congress had the will to pass the (10) Before entering combat, Lieutenant year anniversary of the tragic loss of the Co- bipartisan Simpson-Bowles proposal, which I Jones made arrangements to ensure that his lumbia crew and a week after the 45th anni- have long supported and have voted for. life insurance policy proceeds would become versary of the loss of the Apollo 1 crew? I vote no. a scholarship fund to benefit others, a re- Or the impact on NIH, and other federal re- The SPEAKER pro tempore. The quest that Mr. and Mrs. Jones fulfilled. searchers, scientists and doctors? question is on the motion offered by (11) Lieutenant Jones is remembered by his Clearly, federal employees don’t just sit be- the gentleman from California (Mr. family, his friends, and the people of the United States as a role model for his fellow hind desks. They are members of our commu- ISSA) that the House suspend the rules nities who are out in the field, often in harm’s citizens to emulate. and pass the bill, H.R. 6726. (12) Lieutenant Jones’ spirit of generosity way, protecting our Nation. Within the last The question was taken. year, residents in northern Virginia mourned has been commemorated by organizations The SPEAKER pro tempore. In the ranging from the Commonwealth of Massa- the loss of two federal employees who died in opinion of the Chair, two-thirds being chusetts to the Boston Celtics. the line of duty—U.S. Park Police Sergeant in the affirmative, the ayes have it. (13) It is fitting that the life of Lieutenant Michael Andrew Boehm of Burke, and Na- Mr. ISSA. Mr. Speaker, on that I de- Jones should be further memorialized for fu- tional Park Service Ranger Margaret Ander- mand the yeas and nays. ture generations by naming the post office in son, who previously worshipped in Lovettsville. The yeas and nays were ordered. Westminster, Massachusetts, in his honor. Their sacrifices remind us that many federal The SPEAKER pro tempore. Pursu- SEC. 3. LIEUTENANT RYAN PATRICK JONES POST employees are often put in dangerous situa- OFFICE BUILDING. ant to clause 8 of rule XX, further pro- (a) DESIGNATION.—The facility of the tions. Since 1992, nearly 3,000 federal em- ceedings on this question will be post- ployees have paid the ultimate price while United States Postal Service located at 6 poned. Nichols Street in Westminster, Massachu- serving their country, according to the Office f setts, shall be known and designated as the of Personnel Management. The first American ‘‘Lieutenant Ryan Patrick Jones Post Office killed in Afghanistan, Mike Spann, was a CIA LIEUTENANT RYAN PATRICK Building’’. agent and a constituent of mine from Manas- JONES POST OFFICE BUILDING (b) REFERENCES.—Any reference in a law, sas Park. I attended his funeral. Over 100,000 Mr. ISSA. Mr. Speaker, I move to map, regulation, document, paper, or other CIA, FBI, DEA agents, and State Department record of the United States to the facility re- suspend the rules and pass the bill (S. ferred to in subsection (a) shall be deemed to employees have served side-by-side with our 3662) to designate the facility of the military to carry out the War on Terror in loca- be a reference to the ‘‘Lieutenant Ryan Pat- United States Postal Service located at rick Jones Post Office Building’’. tions such as Iraq and Afghanistan. Three 6 Nichols Street in Westminster, Mas- years ago, I attended funerals for some of the The SPEAKER pro tempore. Pursu- sachusetts, as the ‘‘Lieutenant Ryan ant to the rule, the gentleman from seven CIA agents who were killed by a suicide Patrick Jones Post Office Building’’. bomber at Forward Operating Base Chapman California (Mr. ISSA) and the gen- The Clerk read the title of the bill. tleman from Virginia (Mr. CONNOLLY) near Khost on the Afghanistan-Pakistan bor- The text of the bill is as follows: der. each will control 20 minutes. Our Nation mourns the loss of the four S. 3662 The Chair recognizes the gentleman Americans who died during the attack on the Be it enacted by the Senate and House of Rep- from California. U.S. consulate and annex in Benghazi, Libya, resentatives of the United States of America in GENERAL LEAVE Congress assembled, U.S. Ambassador J. Christopher Stephens, Mr. ISSA. Mr. Speaker, I ask unani- U.S. Foreign Service Officer Sean Smith, and SECTION 1. SHORT TITLE. mous consent that all Members may This Act may be cited as the ‘‘Lieutenant have 5 legislative days within which to two former Navy Seals, Glen Doherty and Ty- Ryan Patrick Jones Post Office Designation rone Woods. Act’’. revise and extend their remarks and in- And we should not forget that the CIA clude extraneous materials on the bill SEC. 2. FINDINGS. agents who planned and helped execute the Congress finds the following: under consideration. raid that killed Osama Bin Laden are federal (1) First Lieutenant Ryan Patrick Jones The SPEAKER pro tempore. Is there employees. volunteered to serve the United States in the objection to the request of the gen- Every day, Border Patrol agents and ICE Army. tleman from California? agents are working to stop the flow of illegal (2) Lieutenant Jones earned his rank, the There was no objection. immigrants, victims of human trafficking and Army Achievement Medal, the Purple Heart, Mr. ISSA. Mr. Speaker, I yield myself drugs across our borders. Federal firefighters the Bronze Star, the Iraqi Freedom Medal, such time as I may consume. work to protect federal lands and mitigate the the Combat Action Badge, and the War on Mr. Speaker, on this second-to-last spread of deadly fires. Immediately following Terrorism Badge through his dedication to day of this Congress, the Senate has the December 2011 shooting at Virginia Tech, the highest ideals of the United States. sent us a naming. Although my com- (3) Lieutenant Jones chose from a young mittee has stopped doing namings, ex- some of the first law enforcement officers on age to generously volunteer his talents to the scene were ATF agents. These are but a his community, and was recognized with aca- cept in the case of Medal of Honor re- few examples of the vital jobs performed by demic, social, and athletic leadership posi- cipients, this one is coming over, and I federal employees. tions throughout his life. believe it is meritorious. The Senate Federal employees who are not in harm’s (4) Lieutenant Jones committed himself to has asked us to pass it, and I will do so way on a daily basis are also dedicated public excellence in all aspects of his life, including today. servants. The medical researchers at the Na- earning a Bachelor of Science degree, with It was introduced by Senator SCOTT tional Institutes of Health working to develop honors, in civil and environmental engineer- BROWN of Massachusetts and would des- cures for cancer, diabetes, Alzheimer’s, Lyme ing. ignate a facility of the United States (5) While earning his engineering degree at disease and autism are all federal employees. Worcester Polytechnic Institute, Lieutenant Postal Service located at 6 Nichols Dr. Francis Collins, the physician who mapped Jones was awarded a Reserve Officers’ Train- Street in Westminster, Massachusetts, the human genome and serves as director of ing Corps scholarship. as the Lieutenant Ryan Patrick Jones the NIH, is a federal employee. The CDC em- (6) Lieutenant Jones faithfully and Post Office Building. ployees tracking steroid shots tainted with expertly led his fellow soldiers as a platoon Lieutenant Jones earned his engi- meningitis are federal employees. The USDA leader in the Army’s First Infantry Division neering degree at Worcester Poly- researchers who work with our farmers to find while deployed to Iraq in 2007. technic Institute. When he earned his solutions for the invasive species that are de- (7) Lieutenant Jones made the ultimate degree, he was also awarded an ROTC sacrifice for the United States on May 2, scholarship in the Reserve Officer stroying our crops are federal employees. The 2007, when he was killed in action by an im- National Weather Service meteorologists who provised explosive device set by the enemy. Training Corps. Lieutenant Jones led track tornadoes and hurricanes, as well as the (8) Lieutenant Jones’ life of service, cour- his fellow soldiers as a platoon leader FDA inspectors working to stop a salmonella age, and honor was made possible by his in the Army’s 1st Infantry Division outbreak, are federal employees. dedicated parents, Mr. Kevin Jones and Mrs. while deployed in Iraq in 2007. And I

VerDate Mar 15 2010 02:25 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A01JA7.011 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7528 CONGRESSIONAL RECORD — HOUSE January 1, 2013 guess as a member of the Big Red One, SECTION 1. CAPTAIN RHETT W. SCHILLER POST post office to honor the bravery and I would note that I also served with OFFICE. the sacrifice. Again, I hope to provide that unit many years ago. (a) DESIGNATION.—The facility of the comfort to the friends and family United States Postal Service located at 218 Tragically, on May 2, 2007, Lieuten- North Milwaukee Street in Waterford, Wis- members of the late Captain Schiller in ant Jones was killed in action by an consin, shall be known and designated as the this action. improvised explosive device set by our ‘‘Captain Rhett W. Schiller Post Office’’. With that, I yield back the balance of enemy. He leaves behind his parents, (b) REFERENCES.—Any reference in a law, my time. Kevin and Elaine Jones, of West- map, regulation, document, paper, or other Mr. ISSA. Mr. Speaker, I urge all minster, Massachusetts. record of the United States to the facility re- Members to vote for S. 3630, and I yield He was awarded several awards for ferred to in subsection (a) shall be deemed to back the balance of my time. his heroism, including the Bronze Star, be a reference to the ‘‘Captain Rhett W. The SPEAKER pro tempore. The Schiller Post Office’’. the Purple Heart, the Iraqi Freedom question is on the motion offered by Medal, the Combat Action Badge, and The SPEAKER pro tempore. Pursu- the gentleman from California (Mr. the War on Terrorism Badge. ant to the rule, the gentleman from ISSA) that the House suspend the rules I am grateful for Lieutenant Jones’ California (Mr. ISSA) and the gen- and pass the bill, S. 3630. service and for his bravery on the bat- tleman from Virginia (Mr. CONNOLLY) The question was taken; and (two- tlefield. And I regret that the naming each will control 20 minutes. thirds being in the affirmative) the of this post office is so appropriate be- The Chair recognizes the gentleman rules were suspended and the bill was cause yet another one of our finest has from Virginia. passed. paid such a high price by an enemy GENERAL LEAVE A motion to reconsider was laid on who uses hidden explosives rather than Mr. ISSA. I ask unanimous consent the table. confront us in any direct way. that all Members may have 5 legisla- f With that, I reserve the balance of tive days within which to revise and my time. extend their remarks and include ex- FLOOD DISASTER PROTECTION Mr. CONNOLLY of Virginia. Mr. traneous material on the bill under ACT OF 1973 CORRECTION Speaker, I yield myself such time as I consideration. Mrs. BIGGERT. Mr. Speaker, I ask may consume. The SPEAKER pro tempore. Is there unanimous consent that the Com- Mr. Speaker, I’m pleased to join with objection to the request of the gen- mittee on Financial Services be dis- the distinguished chairman in support tleman from California? charged from further consideration of of S. 3662 to name a postal facility in There was no objection. the bill (S. 3677) to make a technical Westminster, Massachusetts, as the Mr. ISSA. Mr. Speaker, I yield myself correction to the Flood Disaster Pro- Lieutenant Ryan Patrick Jones Post such time as I may consume. tection Act of 1973, and ask for its im- Office Building. S. 3630, introduced by Senator RON mediate consideration in the House. I too join in sorrow at the necessity JOHNSON of Wisconsin, to designate a The Clerk read the title of the bill. of having to take this action because of facility of the United States Postal The SPEAKER pro tempore. Is there the loss of a promising young life. One Service located at 218 North Milwaukee objection to the request of the gentle- can only hope that taking this action Street in Waterford, Wisconsin, as the woman from Illinois? will actually provide comfort to his Captain Rhett W. Schiller Post Office, There was no objection. parents and to his family and to his is again another exception to the no- The text of the bill is as follows: broader community given their terrible postal rule. S. 3677 loss. b 1320 Be it enacted by the Senate and House of Rep- We salute the honor and patriotism resentatives of the United States of America in of Mr. Jones, who was commissioned as Captain Schiller graduated from the Congress assembled, a second lieutenant in the U.S. Army, U.S. Military Academy at West Point SECTION 1. TECHNICAL CORRECTION. and we honor his sacrifice and his serv- in 2003 and was deployed to serve in Section 102(d)(1)(A) of the Flood Disaster ice to his country. Iraq in 2006. Tragically, on November Protection Act of 1973 (42 U.S.C. With that, I yield back the balance of 16, 2006, the captain was killed by 4012a(d)(1)(A)) is amended by inserting ‘‘resi- my time. enemy fire. At the time of the attack, dential’’ before ‘‘improved real estate’’ each Mr. ISSA. I also urge support and Captain Schiller was leading a team of place that term appears. yield back the balance of my time. six paratroopers and six Iraqi Army Mrs. BIGGERT. I rise today to ask my col- The SPEAKER pro tempore. The soldiers. leagues for their support of S. 3677, a bill to question is on the motion offered by The captain leaves behind his par- make a technical correction to the Flood Dis- the gentleman from California (Mr. ents, William and Karla. He was award- aster Protection Act of 1973. ISSA) that the House suspend the rules ed several medals for his heroism, in- S. 3677 is designed to clarify language with- and pass the bill, S. 3662. cluding the Bronze Star and the Purple in a provision of the Biggert-Waters Flood In- The question was taken; and (two- Heart. surance Reform Act that requires escrowing of thirds being in the affirmative) the We are grateful for his service. We flood insurance payments by federally regu- rules were suspended and the bill was make an exception to the ‘‘no postal lated lending institutions. The provision in cur- passed. naming’’ rule established because we rent law could be interpreted as requiring A motion to reconsider was laid on don’t have postal reform, and we do so escrowing of flood insurance payments for the table. on behalf of the request of the Senate, residential, commercial, and multifamily loans. f and we do so for a good reason. This, in This is an incorrect interpretation. That’s why fact, was a gentleman who served his S. 3677 is necessary to clarify that this CAPTAIN RHETT W. SCHILLER country, whom we want to remember, escrowing provision only applies to ‘‘residen- POST OFFICE and we want to remember him here tial’’ mortgage loans and not commercial and Mr. ISSA. Mr. Speaker, I move to today and in Wisconsin for years to multifamily loans. suspend the rules and pass the bill (S. come. Earlier this year, Congress enacted legisla- 3630) to designate the facility of the I reserve the balance of my time. tion to make needed reforms to the National United States Postal Service located at Mr. CONNOLLY of Virginia. Mr. Flood Insurance Program. These reforms will 218 North Milwaukee Street in Water- Speaker, I yield myself such time as I begin the process of putting the program back ford, Wisconsin, as the ‘‘Captain Rhett may consume. on sound financial footing, thus reducing tax- W. Schiller Post Office’’. I am pleased again to join with the payer exposure while ensuring coverage is The Clerk read the title of the bill. distinguished chairman in support of S. available for at-risk Americans. The text of the bill is as follows: 3630. Again, we are honoring service to The Biggert-Waters Act requires escrowing S. 3630 country. We are honoring bravery and by lenders with over $1 billion in assets for Be it enacted by the Senate and House of Rep- the ultimate sacrifice by a young ‘‘any loan secured by the improved real estate resentatives of the United States of America in American, Captain Rhett W. Schiller. I or mobile home.’’ The language ‘‘any loan’’ Congress assembled, think it is fitting that we do rename a could broadly be interpreted as requiring

VerDate Mar 15 2010 02:25 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 9920 E:\CR\FM\K01JA7.021 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7529 escrowing for commercial properties, and tion to suspend the rules and pass the Rivera Schwartz Tipton escrowing is traditionally only for residential bill (H.R. 6726) to prevent the 2013 pay Roby Schweikert Turner (NY) Roe (TN) Scott (SC) Turner (OH) properties. adjustment for Members of Congress Rogers (AL) Scott, Austin Upton S. 3677 would insert the word ‘‘residential’’ and persons holding other offices or po- Rogers (KY) Sensenbrenner Walberg before ‘‘improved real estate’’ to remove the sitions in the Federal Government Rogers (MI) Sessions Walden Rohrabacher Shimkus ambiguity. Adding ‘‘residential’’ to ‘‘improved from being made, on which the yeas Walsh (IL) Rokita Shuster Walz (MN) Rooney Simpson real estate’’ makes clear the application of this and nays were ordered. Wasserman Ros-Lehtinen Smith (NE) provision to loans secured by residences de- The Clerk read the title of the bill. Schultz Roskam Smith (NJ) Webster signed for the occupancy of one to four fami- The SPEAKER pro tempore. The Ross (AR) Smith (TX) lies and does not impose new escrow obliga- question is on the motion offered by Ross (FL) Southerland West tions on commercial and multifamily real es- Royce Stearns Westmoreland the gentleman from California (Mr. Whitfield tate servicers. Runyan Stivers ISSA) that the House suspend the rules Ruppersberger Stutzman Wilson (SC) It recognizes the loan servicing practices of and pass the bill. Ryan (OH) Sullivan Womack Woodall commercial and multifamily real estate bor- The vote was taken by electronic de- Ryan (WI) Terry rowers as distinct from those of residential Scalise Thompson (PA) Yoder vice, and there were—yeas 287, nays Schilling Thornberry Young (AK) borrowers, thus exempting these loans. It also 129, not voting 15, as follows: Schmidt Tiberi Young (FL) ensures consistency with other financial insti- Schock Tierney Young (IN) [Roll No. 655] tution regulations. NAYS—129 This bill is supported by the American Bank- YEAS—287 Ackerman Fudge Pelosi ers Association, including its members of the Adams Duncan (TN) Lance Baca Gonzalez Perlmutter American Bankers Insurance Association, or Aderholt Ellmers Landry Bass (CA) Green, Al Peters Akin Emerson Langevin Becerra Green, Gene Pingree (ME) ABIA. I would like to insert their letter of sup- Alexander Eshoo Lankford Berkley Gutierrez Price (NC) port for the RECORD. Altmire Farenthold Latham Berman Hanabusa Reyes Amash Fincher LaTourette Without this bill, the ABIA states that ‘‘banks Bishop (GA) Hastings (FL) Richmond Amodei Fitzpatrick Latta will face expensive compliance and training Blumenauer Himes Rothman (NJ) Andrews Flake Lipinski Bonamici Hinchey Roybal-Allard costs to implement this unintended provision.’’ Austria Fleischmann LoBiondo Brady (PA) Hinojosa Rush Bachmann Fleming Loebsack That cost inevitably will be passed on to busi- Brown (FL) Hirono ´ Bachus Flores Lofgren, Zoe Sanchez, Linda nesses with commercial loans. S. 3677 will Butterfield Holden T. Baldwin Forbes Long Capuano Holt correct this unintended consequence, and I Barber Fortenberry Lowey Sanchez, Loretta Carson (IN) Honda Sarbanes urge my colleagues to support this technical Barletta Foxx Lucas Castor (FL) Hoyer corrections bill. Barrow Franks (AZ) Luetkemeyer Schakowsky Chu Jackson Lee Schiff Barton (TX) Frelinghuysen Luja´ n Clarke (MI) (TX) The bill was ordered to be read a Schrader Bass (NH) Gallegly Lummis Clarke (NY) Johnson (GA) third time, was read the third time, Scott (VA) Benishek Garamendi Lungren, Daniel Clay Johnson, E. B. Scott, David and passed, and a motion to reconsider Berg Gardner E. Cleaver Kaptur Serrano was laid on the table. Biggert Garrett Maloney Clyburn Kildee Sewell Bilbray Gerlach Manzullo Cohen Kucinich f Bilirakis Gibbs Marchant Connolly (VA) Larsen (WA) Sherman Bishop (NY) Gibson Marino Shuler RECESS Conyers Larson (CT) Bishop (UT) Gingrey (GA) Massie Costa Lee (CA) Sires The SPEAKER pro tempore. Pursu- Black Gohmert Matheson Costello Levin Slaughter Blackburn Goodlatte McCarthy (CA) Smith (WA) ant to clause 12(a) of rule I, the Chair Courtney Lynch Bonner Gosar McCaul Critz Markey Speier declares the House in recess subject to Boren Gowdy McClintock Crowley Matsui Thompson (CA) the call of the Chair. Boswell Granger McHenry Cummings McDermott Thompson (MS) Accordingly (at 1 o’clock and 23 min- Boustany Graves (GA) McIntyre Curson (MI) McGovern Tonko Brady (TX) Graves (MO) McKeon Davis (CA) Meeks Towns utes p.m.), the House stood in recess. Braley (IA) Griffin (AR) McKinley Davis (IL) Miller (NC) Tsongas f Brooks Griffith (VA) McMorris DeGette Moore Van Hollen Broun (GA) Grimm Rodgers DeLauro Moran Vela´ zquez b 1830 Buchanan Guinta McNerney Dicks Murphy (CT) Visclosky Bucshon Guthrie Meehan Dingell Nadler Waters AFTER RECESS Buerkle Hahn Mica Doggett Napolitano Watt Burgess Hall Michaud Doyle Neal Waxman The recess having expired, the House Calvert Hanna Miller (FL) Edwards Olver Welch was called to order by the Speaker pro Camp Harper Miller (MI) Ellison Pallone Wilson (FL) Campbell Harris tempore (Mr. DOLD) at 6 o’clock and 30 Miller, Gary Engel Pascrell Wittman Canseco Hartzler Mulvaney minutes p.m. Farr Pastor (AZ) Wolf Cantor Hastings (WA) Murphy (PA) Fattah Payne Yarmuth f Capito Hayworth Myrick Capps Heck Neugebauer NOT VOTING—15 ANNOUNCEMENT BY THE SPEAKER Carnahan Heinrich Noem Bartlett Lewis (CA) Miller, George PRO TEMPORE Carney Hensarling Nugent Bono Mack Lewis (GA) Paul Carter Herger Nunes Burton (IN) Mack Stark The SPEAKER pro tempore. Pursu- Cassidy Herrera Beutler Nunnelee Frank (MA) McCarthy (NY) Sutton ant to clause 8 of rule XX, proceedings Chabot Higgins Olson Grijalva McCollum Woolsey Chaffetz Hochul Owens will resume on motions to suspend the Chandler Huelskamp Palazzo b 1854 rules previously postponed. Cicilline Huizenga (MI) Paulsen Ms. CLARKE of New York, Ms. Votes will be taken in the following Coble Hultgren Pearce Coffman (CO) Hunter Pence BERKLEY, Ms. WATERS, Ms. BROWN order: Cole Hurt Peterson of Florida, Ms. KAPTUR, Messrs. H.R. 6726, by the yeas and nays; Conaway Israel Petri GENE GREEN of Texas, NEAL, Cooper Issa Pitts The Senate amendment to H.R. 443, TOWNS, SCHIFF, MARKEY, SMITH of de novo; Cravaack Jenkins Platts Crawford Johnson (IL) Poe (TX) Washington, and AL GREEN of Texas The Senate amendment to H.R. 4212, Crenshaw Johnson (OH) Polis changed their vote from ‘‘yea’’ to de novo. Cuellar Johnson, Sam Pompeo ‘‘nay.’’ The first electronic vote will be con- Culberson Jones Posey DeFazio Jordan Price (GA) Ms. WASSERMAN SCHULTZ and Mr. ducted as a 15-minute vote. Remaining DelBene Keating Quayle CARNAHAN changed their vote from electronic votes will be conducted as 5- Denham Kelly Quigley ‘‘nay’’ to ‘‘yea.’’ minute votes. Dent Kind Rahall So (two-thirds being in the affirma- DesJarlais King (IA) Rangel f Deutch King (NY) Reed tive) the rules were suspended and the Diaz-Balart Kingston Rehberg bill was passed. CONGRESSIONAL PAY FREEZE Dold Kinzinger (IL) Reichert The result of the vote was announced AND FISCAL RESPONSIBILITY ACT Donnelly (IN) Kissell Renacci Dreier Kline Ribble as above recorded. The SPEAKER pro tempore. The un- Duffy Labrador Richardson A motion to reconsider was laid on finished business is the vote on the mo- Duncan (SC) Lamborn Rigell the table.

VerDate Mar 15 2010 02:25 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A01JA7.004 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7530 CONGRESSIONAL RECORD — HOUSE January 1, 2013 MANIILAQ ASSOCIATION Hinchey McMorris Ryan (WI) b 1902 Hinojosa Rodgers Sa´ nchez, Linda CONVEYANCE ACT Hirono McNerney T. So (two-thirds being in the affirma- The SPEAKER pro tempore. The un- Hochul Meehan Sanchez, Loretta tive) the rules were suspended and the Holden Meeks Sarbanes Senate amendment was concurred in. finished business is the question on Holt Mica Scalise suspending the rules and concurring in Honda Michaud Schakowsky The result of the vote was announced the Senate amendment to the bill (H.R. Hoyer Miller (FL) Schiff as above recorded. 443) to provide for the conveyance of Huelskamp Miller (MI) Schilling A motion to reconsider was laid on Huizenga (MI) Miller (NC) Schmidt certain property from the United Hultgren Miller, Gary Schock the table. States to the Maniilaq Association lo- Hunter Miller, George Schrader cated in Kotzebue, Alaska. Hurt Moore Schwartz f Moran The Clerk read the title of the bill. Israel Schweikert Issa Murphy (CT) Scott (SC) DRYWALL SAFETY ACT OF 2012 The SPEAKER pro tempore. The Jackson Lee Murphy (PA) Scott (VA) question is on the motion offered by (TX) Myrick Scott, Austin The SPEAKER pro tempore. The un- the gentleman from Alaska (Mr. Jenkins Nadler Scott, David finished business is the question on Johnson (GA) Napolitano Sensenbrenner suspending the rules and concurring in YOUNG) that the House suspend the Neal Johnson (IL) Serrano the Senate amendment to the bill (H.R. rules and concur in the Senate amend- Johnson (OH) Neugebauer Sessions ment. Johnson, E. B. Noem Sewell 4212) to prevent the introduction into Nugent The question was taken. Johnson, Sam Sherman commerce of unsafe drywall, to ensure Jones Nunes Shimkus the manufacturer of drywall is readily The SPEAKER pro tempore. In the Nunnelee Jordan Shuler identifiable, to ensure that problem- opinion of the Chair, two-thirds being Kaptur Olson Shuster Olver atic drywall removed from homes is in the affirmative, the ayes have it. Keating Simpson Kelly Owens Sires not reused, and for other purposes. Mr. KLINE. Mr. Speaker, on that I Palazzo Kildee Slaughter The Clerk read the title of the bill. demand the yeas and nays. Kind Pallone Smith (NE) King (IA) Pascrell Smith (NJ) The SPEAKER pro tempore. The The yeas and nays were ordered. Pastor (AZ) King (NY) Smith (TX) question is on the motion offered by Paulsen The SPEAKER pro tempore. This is a Kingston Smith (WA) Payne the gentleman from Nebraska (Mr. 5-minute vote. Kinzinger (IL) Southerland Pearce TERRY) that the House suspend the Kissell Speier The vote was taken by electronic de- Pelosi Kline Stearns rules and concur in the Senate amend- vice, and there were—yeas 410, nays 5, Pence Kucinich Stivers ment. Peters not voting 16, as follows: Labrador Stutzman Peterson The question was taken. Lamborn Sullivan [Roll No. 656] Petri The SPEAKER pro tempore. In the Lance Sutton Pingree (ME) YEAS—410 Landry Terry opinion of the Chair, two-thirds being Pitts Langevin Ackerman Carter Engel Platts Thompson (CA) in the affirmative, the ayes have it. Lankford Thompson (PA) Adams Cassidy Eshoo Poe (TX) RECORDED VOTE Aderholt Castor (FL) Farenthold Larsen (WA) Thornberry Polis Mr. HASTINGS of Washington. Mr. Akin Chabot Farr Larson (CT) Pompeo Tiberi Alexander Chaffetz Fattah Latham Posey Tierney Speaker, I demand a recorded vote. Altmire Chandler Fincher LaTourette Price (GA) Tipton A recorded vote was ordered. Amodei Chu Fitzpatrick Latta Price (NC) Tonko The SPEAKER pro tempore. This is a Andrews Cicilline Flake Lee (CA) Quayle Towns Austria Clarke (MI) Fleischmann Levin Quigley Tsongas 5-minute vote. Baca Clarke (NY) Fleming Lipinski Rahall Turner (NY) The vote was taken by electronic de- Bachmann Clay Flores LoBiondo Rangel Turner (OH) vice, and there were—ayes 378, noes 37, Bachus Cleaver Forbes Loebsack Upton Reed not voting 16, as follows: Baldwin Clyburn Fortenberry Lofgren, Zoe Rehberg Van Hollen Barber Coble Foxx Long Reichert Vela´ zquez [Roll No. 657] Barletta Coffman (CO) Franks (AZ) Lowey Renacci Visclosky AYES—378 Barrow Cohen Frelinghuysen Lucas Reyes Walberg Barton (TX) Cole Fudge Luetkemeyer Ribble Walden Ackerman Bucshon Culberson Bass (CA) Conaway Gallegly Luja´ n Richardson Walz (MN) Adams Burgess Cummings Bass (NH) Connolly (VA) Garamendi Lummis Richmond Wasserman Aderholt Butterfield Curson (MI) Becerra Conyers Gardner Lungren, Daniel Rigell Schultz Akin Calvert Davis (CA) Benishek Cooper Garrett E. Rivera Waters Alexander Camp Davis (IL) Berg Costa Gerlach Lynch Roby Watt Altmire Canseco DeFazio Berkley Costello Gibbs Maloney Roe (TN) Waxman Amodei Cantor DeGette Berman Courtney Gibson Manzullo Rogers (AL) Webster Andrews Capito DeLauro Biggert Cravaack Gingrey (GA) Marchant Rogers (KY) Welch Austria Capps DelBene Bilbray Crawford Gohmert Marino Rogers (MI) West Baca Capuano Denham Bilirakis Crenshaw Gonzalez Markey Rohrabacher Westmoreland Bachus Carnahan Dent Bishop (GA) Critz Goodlatte Massie Rooney Whitfield Baldwin Carney DesJarlais Bishop (NY) Crowley Gosar Matheson Ros-Lehtinen Wilson (FL) Barber Carson (IN) Deutch Bishop (UT) Cuellar Gowdy Matsui Roskam Wilson (SC) Barletta Carter Diaz-Balart Black Culberson Granger McCarthy (CA) Ross (AR) Wittman Barrow Cassidy Dicks Blackburn Cummings Graves (GA) McCaul Ross (FL) Wolf Barton (TX) Castor (FL) Dingell Blumenauer Curson (MI) Graves (MO) McClintock Rothman (NJ) Womack Bass (CA) Chabot Doggett Bonamici Davis (CA) Green, Al McDermott Roybal-Allard Woodall Bass (NH) Chandler Dold Bonner Davis (IL) Green, Gene McGovern Royce Yarmuth Becerra Chu Donnelly (IN) Boren DeFazio Griffin (AR) McHenry Runyan Yoder Benishek Cicilline Doyle Boswell DeGette Griffith (VA) McIntyre Ruppersberger Young (AK) Berg Clarke (MI) Dreier Boustany DeLauro Grimm McKeon Rush Young (FL) Berkley Clarke (NY) Duffy Brady (PA) DelBene Guinta McKinley Ryan (OH) Young (IN) Berman Clay Duncan (TN) Brooks Denham Guthrie Biggert Cleaver Edwards Broun (GA) Dent Gutierrez NAYS—5 Bilbray Clyburn Ellison Brown (FL) DesJarlais Hahn Bilirakis Coble Ellmers Buchanan Deutch Hall Amash Mulvaney Walsh (IL) Bishop (GA) Coffman (CO) Emerson Bucshon Diaz-Balart Hanabusa Braley (IA) Thompson (MS) Bishop (NY) Cohen Engel Buerkle Dicks Hanna Black Cole Eshoo Burgess Dingell Harper NOT VOTING—16 Blackburn Conaway Farenthold Butterfield Doggett Harris Blumenauer Connolly (VA) Farr Bartlett Lewis (CA) Perlmutter Calvert Dold Hartzler Bonamici Conyers Fattah Bono Mack Lewis (GA) Camp Donnelly (IN) Hastings (FL) Rokita Bonner Cooper Fincher Brady (TX) Mack Campbell Doyle Hastings (WA) Stark Boren Costa Fitzpatrick Burton (IN) McCarthy (NY) Canseco Dreier Hayworth Woolsey Boswell Costello Fleischmann Frank (MA) McCollum Cantor Duffy Heck Boustany Courtney Fleming Grijalva Paul Capito Duncan (SC) Heinrich Brady (PA) Cravaack Flores Capps Duncan (TN) Hensarling Brady (TX) Crawford Forbes Capuano Edwards Herger ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Braley (IA) Crenshaw Fortenberry Carnahan Ellison Herrera Beutler Brooks Critz Foxx Carney Ellmers Higgins The SPEAKER pro tempore (during Brown (FL) Crowley Franks (AZ) Carson (IN) Emerson Himes the vote). There is 1 minute remaining. Buchanan Cuellar Frelinghuysen

VerDate Mar 15 2010 04:09 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.031 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7531 Fudge Lowey Ross (AR) Sensenbrenner Stutzman Westmoreland AMERICAN TAXPAYER RELIEF Gallegly Lucas Ross (FL) Southerland Walsh (IL) Woodall Garamendi Luetkemeyer Rothman (NJ) ACT OF 2012 Garrett Luja´ n Roybal-Allard NOT VOTING—16 Mr. DREIER, from the Committee on Gerlach Lungren, Daniel Royce Bachmann Lewis (CA) Paul Rules, submitted a privileged report Gibbs E. Runyan Bartlett Lewis (GA) Richmond (Rept. No. 112–741) on the resolution (H. Gibson Lynch Ruppersberger Bono Mack Mack Stark Gingrey (GA) Maloney Rush Burton (IN) McCarthy (NY) Woolsey Res. 844) providing for consideration of Gonzalez Manzullo Ryan (OH) Frank (MA) McCollum the bill (H.R. 8) to extend certain tax Gosar Marino Ryan (WI) Grijalva Mica relief provisions enacted in 2001 and Gowdy Markey Sa´ nchez, Linda Granger Matheson T. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE 2003, and to provide for expedited con- Graves (MO) Matsui Sanchez, Loretta The SPEAKER pro tempore (during sideration of a bill providing for com- Green, Al McCaul Sarbanes the vote). There is 1 minute remaining. prehensive tax reform, and for other Green, Gene McDermott Scalise Griffin (AR) McGovern purposes, which was referred to the Schakowsky b 1910 Griffith (VA) McHenry Schiff House Calendar and ordered to be Grimm McIntyre Schilling Messrs. JONES, MARCHANT, DUN- printed. Guinta McKeon Schmidt Mr. DREIER. Mr. Speaker, by direc- Guthrie McKinley CAN of South Carolina, and BISHOP of Schock tion of the Committee on Rules, I call Gutierrez McMorris Schrader Utah changed their vote from ‘‘aye’’ to Hahn Rodgers Schwartz ‘‘no.’’ up House Resolution 844 and ask for its Hall McNerney Schweikert So (two-thirds being in the affirma- immediate consideration. Hanabusa Meehan Scott (SC) The Clerk read the resolution, as fol- Hanna Meeks tive) the rules were suspended and the Scott (VA) lows: Harper Michaud Scott, Austin Senate amendment was concurred in. Harris Miller (FL) Scott, David The result of the vote was announced H. RES. 844 Hartzler Miller (MI) Serrano as above recorded. Resolved, That upon the adoption of this Hastings (FL) Miller (NC) Sessions resolution it shall be in order to take from Hastings (WA) Miller, Gary A motion to reconsider was laid on Sewell the Speaker’s table the bill (H.R. 8) to extend Hayworth Miller, George Sherman the table. Heck Moore certain tax relief provisions enacted in 2001 Shimkus PERSONAL EXPLANATION Heinrich Moran Shuler and 2003, and to provide for expedited consid- Herger Murphy (CT) Shuster Ms. MCCOLLUM. Mr. Speaker, this evening eration of a bill providing for comprehensive Herrera Beutler Murphy (PA) Simpson I inadvertently missed voting on rollcall votes tax reform, and for other puropses, with the Higgins Myrick Sires Senate amendments thereto, and to consider Himes Nadler 655, 656, and 657. Slaughter in the House, without intervention of any Hinchey Napolitano Smith (NE) I intended to vote ‘‘no’’ on H.R. 6726. Hinojosa Neal point of order, a single motion offered by the Smith (NJ) I intended to vote ‘‘yes’’ on the Senate Hirono Neugebauer chair of the Committee on Ways and Means Smith (TX) Hochul Noem Amendment to H.R. 443. or his designee that the House concur in the Smith (WA) Holden Nugent I intended to vote ‘‘yes’’ on the Senate Speier Senate amendments. The Senate amend- Holt Nunes Stearns Amendment to H.R. 4212. ments and the motion shall be considered as Honda Nunnelee Stivers read. The motion shall be debatable for one Hoyer Olson f Sullivan hour equally divided and controlled by the Huelskamp Olver Huizenga (MI) Owens Sutton COMMUNICATION FROM THE chair and ranking minority member of the Terry Hultgren Palazzo CLERK OF THE HOUSE Committee on Ways and Means. The previous Hunter Pallone Thompson (CA) question shall be considered as ordered on Hurt Pascrell Thompson (MS) The SPEAKER pro tempore laid be- the motion to its adoption without inter- Israel Pastor (AZ) Thompson (PA) Thornberry fore the House the following commu- vening motion or demand for division of the Issa Paulsen question. Jackson Lee Payne Tiberi nication from the Clerk of the House of (TX) Pearce Tierney Representatives: The SPEAKER pro tempore. The gen- Tipton Jenkins Pelosi OFFICE OF THE CLERK, tleman from California is recognized Johnson (GA) Perlmutter Tonko HOUSE OF REPRESENTATIVES, for 1 hour. Johnson (IL) Peters Towns Johnson (OH) Peterson Tsongas Washington, DC, January 1, 2013. Mr. DREIER. Mr. Speaker, I am Johnson, E. B. Petri Turner (NY) Hon. JOHN A. BOEHNER, happy to yield the customary 30 min- Johnson, Sam Pingree (ME) Turner (OH) The Speaker, House of Representatives, Wash- utes to my very good friend from Roch- Upton Kaptur Pitts ington, DC. ester, New York, the distinguished Keating Platts Van Hollen DEAR MR. SPEAKER: Pursuant to the per- Vela´ zquez ranking member of the Committee on Kelly Polis mission granted in Clause 2(h) of Rule II of Visclosky Kildee Posey the Rules of the U.S. House of Representa- Rules, Ms. SLAUGHTER, pending which I Kind Price (NC) Walberg yield myself such time as I may con- King (IA) Quigley Walden tives, the Clerk received the following mes- King (NY) Rahall Walz (MN) sage from the Secretary of the Senate on sume. All time that I will be yielding Kinzinger (IL) Rangel Wasserman January 1, 2013 at 6:17 p.m.: will be for debate purposes only. Kissell Rehberg Schultz That the Senate passed without amend- (Mr. DREIER asked and was given Kline Reichert Waters ment H.R. 4365. permission to revise and extend his re- Kucinich Renacci Watt That the Senate agreed to without amend- Waxman marks.) Lance Reyes ment H. Con. Res. 147. Langevin Ribble Webster Mr. DREIER. Mr. Speaker, the meas- With best wishes, I am Lankford Richardson Welch ure before us and the process that Sincerely, Larsen (WA) Rigell West brought us here has been the source of Larson (CT) Rivera Whitfield KAREN L. HAAS. Latham Roby Wilson (FL) a great deal of understandable con- LaTourette Roe (TN) Wilson (SC) f sternation. Virtually no one believes Latta Rogers (AL) Wittman that what we have before us tonight is Lee (CA) Rogers (KY) Wolf RECESS Levin Rogers (MI) Womack a long-term solution to this problem, Lipinski Rohrabacher Yarmuth The SPEAKER pro tempore. Pursu- and most have bemoaned the fact that LoBiondo Rokita Yoder ant to clause 12(a) of rule I, the Chair we have stretched the far reaches of Loebsack Rooney Young (AK) declares the House in recess subject to our deadline to actually get here. Lofgren, Zoe Ros-Lehtinen Young (FL) the call of the Chair. Long Roskam Young (IN) Now, I’m privileged to be in my Accordingly (at 7 o’clock and 15 min- fourth decade as a Member of this NOES—37 utes p.m.), the House stood in recess. body. And it’s true, I don’t believe that Amash Graves (GA) McCarthy (CA) f in those decades I’ve ever actually Bishop (UT) Hensarling McClintock spent New Year’s Eve and/or New Broun (GA) Jones Mulvaney b 2039 Year’s Day in this building, but work- Buerkle Jordan Pence ing up to a deadline is hardly unprece- Campbell Kingston Poe (TX) AFTER RECESS Chaffetz Labrador Pompeo dented in this institution. Duncan (SC) Lamborn Price (GA) The recess having expired, the House As we all know, H.R. 8, we are con- Flake Landry Quayle was called to order by the Speaker pro curring in the Senate amendment with Gardner Lummis Reed Gohmert Marchant tempore (Mr. QUAYLE) at 8 o’clock and this rule, but H.R. 8 passed last August Goodlatte Massie 39 minutes p.m. 1, went over to the other body, and it

VerDate Mar 15 2010 04:09 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A01JA7.014 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7532 CONGRESSIONAL RECORD — HOUSE January 1, 2013 passed by a ratio of 256–171 last August meaningful reform in a number of in mere months. As we vote, let every 1. And it went over there and we’ve these areas. It’s truly unfortunate that Member of this Chamber reflect on the been waiting, so it’s now come back to our friends in the other body have not dysfunctional legislative process and us. It is before us, and I will say that engaged, thus far, in these efforts. But, the irresponsible leadership that we are addressing this right up to the Mr. Speaker, the legislation that is be- brought us here today, and the need for deadline. fore us, which again, as we all know, the majority to come back to the bar- But I can remember, as I know col- passed at 2 o’clock this morning, ear- gaining table in good faith as our work leagues of mine on both sides of the lier today in the Senate, will avert the continues. And I share Mr. DREIER’s aisle can recall, there have been many economic crisis and set the stage for hope that from now on we will put this deadlines that have approached, and the very hard work that must be done all behind us and that this next term it’s a fact of life when you have dead- in the coming weeks. will be a bipartisan term. lines. Now, Mr. Speaker Pro Tem, you and Let history show that the fiscal cliff I can recall very well, in school I had I won’t be here for that work to take and the dire economic consequences a great international relations pro- place, but I know that you share my that would come with it were the delib- fessor in college, and at the beginning view that our colleagues have a unique erate creation of this House. Because of of the class he would give us these geo- opportunity, as the 113th Congress be- hyperpartisan actions taken by the graphic spots around the world. Back gins its work at noon on Thursday, to majority, the body has pushed our Na- then, we didn’t have Google and we had take on this challenge. And I’m one tion closer to a self-created economic recession and the greatest displace- to spend time finding these very, very who actually believes that we have a ment of workers that the Nation has obscure spots. And almost every time, unique opportunity because of the fact known since 1929. when did we do it? Just as we were ap- that there is divided government, be- proaching that deadline. And Professor The idea behind the fiscal cliff was cause we have a President of one party that the potential for a self-inflicted Rood understood that extraordinarily who regularly talks about the need for well, and he laughed as we were strug- wound would force Congress to address this kind of reform—and I congratulate the growing deficit and debt. Yet from gling at the end to do that. him for that—and we have a House of Similarly, this notion of approaching the beginning, the plan was flawed. Representatives, the people’s House, a deadline and trying to deal with an Over the last 10 years, our deficit has the body that, under article I, section 7 issue is something that happens in this ballooned because of the cost of two of the U.S. Constitution, has the re- institution, and this is another exam- wars and massive unpaid-for tax cuts. sponsibility of dealing with tax issues, ple where that’s the case. Yet discussion over the cost of war— The issues that we are attempting to that this body is of the other party, our conflicts that have cost the lives of address tonight with this vote are as party, Mr. Speaker. thousands of Americans and forever important as they are challenging. The In light of that, I think that, since changed the face of American fami- range of ideas that have been proposed there is a consensus on the need to lies—has been almost nonexistent. At as solutions are as disparate as they tackle these issues, it can be done in a the same time, the majority’s desire to are numerous. This body, like our Na- bipartisan way. I hope very much that protect tax cuts for millionaires and tion, has been deeply divided over how that will happen. billionaires quickly hardened into in- to proceed. The way for us to take that first step transigence and has led us to where we Under these circumstances, an agree- is, of course, to pass this rule with are today. Just a week ago today, it ment has been extraordinarily elusive. what I am confident will be bipartisan looked as though Congress was close to We all know that. The bill before us is support. And I appreciate the very kind a solution, until the House majority not the grand bargain that I, and I words of the distinguished ranking walked away. think most of my colleagues, had member, my friend from Rochester, Instead of seizing an historic oppor- hoped that we would have been able to Ms. SLAUGHTER, upstairs in supporting tunity for compromise, the majority achieve. But what we’re doing this this effort that we have. And then at introduced a so-called ‘‘Plan B,’’ which evening, Mr. Speaker, is a very essen- the end of the day, once we go into the quickly morphed into Plan C before tial bridge to what I hope will be a debate on concurring in the Senate being scrapped altogether and leaving comprehensive, long-term solution. amendment, which is what this rule us with almost no time to avert the fis- Mr. Speaker, it will bring us back will call for us to do, that we’ll again cal cliff. By making tax cuts for mil- from the edge of the fiscal cliff. And I have strong bipartisan support for that lionaires and billionaires their biggest know, just hours ago, at midnight, we measure. priority, the majority not only endan- did, technically, go over that bridge, With that, Mr. Speaker, at this junc- gered our economy but they led the but we are working hard to pull our- ture, I reserve the balance of my time. House through a legislative process selves back from that cliff. We went Ms. SLAUGHTER. Mr. Speaker, I that violated any sense of regular order over the cliff and we’re pulling our- certainly thank my colleague for yield- and transparency. Indeed, as my col- selves back, and we are ensuring that ing me the customary 30 minutes and leagues and I sat in the Rules Com- taxes are not increased on 99 percent of yield myself such time as I may con- mittee last week, the legislation we our fellow Americans. sume. were considering was changing by the I know that I’m not alone when I say Mr. Speaker, I want to begin by say- minute, leaving us to guess at what that I had high hopes for a package of ing to my colleague, Mr. DREIER, we’ve would actually be included in any bill sweeping tax reform, and something served together here for many years on that required our vote. that I think has to be acknowledged, the Rules Committee. I think that his Sadly, such dysfunctional governing and I’m very saddened that it’s not in- knowledge of both the Rules Com- comes as little surprise. For the past 2 cluded in here, but entitlement reform. mittee and its functions and the rules years, the majority has led with a toxic We all know, and you know very well, of the House are unsurpassed, and I combination of extremism and Mr. Speaker, that entitlement reform think he will be very greatly missed. hyperpartisanship that has resulted in is the only way that we are going to the 112th Congress being the least pro- 2050 successfully get our arms around this b ductive in history. During the summer massive 16—now I guess it’s $16.25 tril- I want to wish him the very best in of 2011, the majority threw our Nation lion national debt that is there. As his new endeavors in the rest of his into crisis when they took our econ- Willie Sutton said, he robbed banks be- life. Nothing but happiness and joy. omy hostage and threatened to default cause that’s where the money is. We And thank you. I feel I’ve learned a on our Nation’s debt. This dangerous know that entitlement reform is going great deal from you, DAVID. Thank you and irresponsible approach rattled in- to be essential if we are going to be for that. vestors around the world and led to the able to get our fiscal house in order, Mr. Speaker, the legislation before first-ever downgrade of our Nation’s and I’m saddened that this is not part me, as my colleague said, is no great credit. In addition, over the last 2 of it. victory. It’s only a partial answer to a years, the majority has voted more We have repeatedly passed out of the much larger problem, and it sets our than 33 times to repeal the historic Af- House of Representatives meaningful, Nation up for another fiscal showdown fordable Care Act, despite knowing full

VerDate Mar 15 2010 04:09 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.038 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7533 well that the repeal votes would never that I would like to associate myself tleman from Colorado (Mr. POLIS), a be signed into law because the Senate not necessarily with those kind re- member of the Committee on Rules. would not do that bill. In so doing, marks but I would like to associate Mr. POLIS. I want to again begin by they took up valuable time from other myself with some of what she said. I, acknowledging the long service of our legislative priorities. And CBS News obviously, can’t associate myself with chair in the House. This could very reports that these votes consistently all of those remarks, as you know, Mr. well be the last time we have the op- trying to repeal health care, Mr. Speaker. But I will say that as we look portunity to debate here on the House Speaker, cost the American taxpayer at our quest for a bipartisan solution floor, and I certainly wish him well. almost $50 million. for this problem, I think that we have, I also want to express my gratitude For over a year and a half, this type with the action that we’re about to to the great patriotism of my col- of irresponsible and unproductive gov- take here, taken a very important first leagues, both Democratic and Repub- erning failed to provide any solutions step. lican, and particularly those in their to the American people. And coming I’m reminded of the fact that the au- lame-duck period who have chosen to out of the November elections, our thor of the U.S. Constitution, James stay around and work right up to the mandate was clear. The American peo- Madison, famously described the proc- final hour of their contract with the ple demanded an end to the political ess of lawmaking as an ugly, messy, American people—in many cases with- theater and the dangerous legislative difficult process. That’s by design, Mr. out an office, in many cases without a games. They demanded that we finally Speaker. And it’s by design because if home. We see them roaming the halls get to work and solve the looming fis- we look back at our Framers, they here of the Capitol. I personally, re- cal cliff in a balanced, responsible, and were fleeing the tyranny of King gardless of how they come down on this bipartisan way. George. Why? Because that maniac was particular issue, applaud their patriot- In the middle of last July, all of the making unilateral decisions that ism in fulfilling the will of their voters ranking committee members in the played a role in ruining the lives of his for the 112th Congress. House of Representatives sent a letter fellow countrymen. So the Framers What we have before us, and I think to the Speaker asking that we begin in came forward and, in structuring our Members on both sides agree, certainly July to find a solution to the fiscal government with the three branches, has some good aspects and some as- cliff and sequestration. We called for a they wanted to ensure that no indi- pects that need to be approved. The bipartisan approach and something we vidual got too much power. And when question is on what side is there more could get finished before the August re- it comes to lawmaking, putting into weight. I think it’s important to talk cess so that we could spare the Amer- place this great compromise, the Con- about what this bill does and what it ican people and most other people in necticut Compromise, it established a doesn’t do. the world and financial markets the bicameral legislative structure. First, briefly, what it doesn’t do. My worry that we have put them through. And so I was talking one time, Mr. own Senator from Colorado, MICHAEL We got our answer tonight. Speaker, with the first woman—now BENNET, was one of the small group of So, unfortunately, today, what we there are two—but the first woman to Senators who voted against this be- are doing here does not give the Amer- serve as a president of any of the 54 cause he, like myself, is an advocate of ican people a solution worthy of their countries on the continent of Africa. a comprehensive budget solution: re- full approval—and I’m sure we don’t She gave a brilliant speech for a joint storing fiscal integrity to our country have it. The legislation before us fails session of Congress. She’s the Presi- along the parameters of what the to seriously address the deficit and dent of Liberia, Ellen Johnson Sirleaf. supercommittee attempted but failed debt, protects too many wealthy Amer- And I was talking to her about the leg- to accomplish, along the parameters of icans, and sets the Nation up for an- islative process. I was sitting in Mon- what the Bowles-Simpson Commission, other round of high-stakes negotia- rovia, Liberia, and I said to her, James the Gang of Eight have attempted to tions. However, what we do have before Madison, by design, said that this is to accomplish, which we know could only be an ugly, messy, difficult process. us is a product that can avert the worst be accomplished in a bipartisan man- And I’ll never forget, Mr. Speaker, how of the fiscal cliff and begin the process ner but is so important to the future of President Ellen Johnson Sirleaf looked of balancing the budget and returning our country to balance the budget and to me and said, DAVID, you’ve forgotten fairness, we hope, to the Tax Code. restore the fiscal integrity. Under today’s legislation, millions of one thing. Yes, it is an ugly, messy, This bill is not that bill. However, Americans will be spared from a tax in- difficult process. But you have to add what this bill does is it ensures that the fact that it works. crease, and valuable tax extensions for the American people will not have the And as difficult as it has been to get middle-class families and students will largest tax increase in the history of to this point, we need to realize that remain in place. In addition, today’s it’s an ugly, messy, difficult process. our country tomorrow: $2,000 a year legislation extends unemployment in- While this is a very small step, it’s a out of the pocket of families making surance for millions of Americans first step in our quest for tax reform $80,000 a year; almost $4,000 a year out struggling to find work. and entitlement reform which will get of the pocket of families making In closing, this legislation is far from us back on a path towards economic $150,000 a year. perfect, and the process that has led us growth and the kind of prosperity that What does that mean to families? It here is an utter disgrace. Yet in this we want and that the American people might be the money that helps them time of crisis we must act first and deserve. And it will create a greater de- stay above water on their mortgage. It foremost to try to protect the Amer- gree of certainty. We all know that un- might be the money that allows their ican economy. And today’s legislation certainty is the enemy of prosperity. child to attend college. Beyond the ramifications at the fam- will do that. In the coming weeks, we So making permanent these tax cuts ily level, there’s the aggregate effect must continue the hard work of cre- for 99 percent of the American people is across our economy. When families ating a fair Tax Code and ensuring we a very important step in our quest to don’t have that money, they’re not reduce our deficit in a balanced, re- ensure that there is that degree of cer- able to spend that money to buy prod- sponsible, and bipartisan way. And as tainty. we do, I urge my fellow Members to ucts, buy products that need to be pro- avoid brinksmanship and partisan b 2100 duced, have jobs in America and create games and to come to the table in good So, Mr. Speaker, I will say again that jobs. faith on behalf of all the people who I do associate myself with some of the I think we need to make sure that we sent us here and put their faith in us. things that my friend from Rochester don’t raise taxes on the American peo- I reserve the balance of my time. said, and I do, again, appreciate her ple. The best way to do that is by sup- Mr. DREIER. I yield myself such very kind remarks. porting this bill. Anybody opposing time as I may consume to first express With that, I reserve the balance of this bill is supporting the largest tax my appreciation to my friend from my time. increase in the history of the country. Rochester for her very generous and Ms. SLAUGHTER. Mr. Speaker, I am I call upon my colleagues, Demo- kind remarks and to, secondly, say pleased to yield 2 minutes to the gen- cratic and Republican, to remove this

VerDate Mar 15 2010 04:09 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.039 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7534 CONGRESSIONAL RECORD — HOUSE January 1, 2013 tax burden from the middle class and work together to avoid unnecessary eco- won’t be turned away. It means that ensure that taxes don’t go up tomor- nomic uncertainty at this crucial time in unemployment compensation will be row. I encourage my colleagues to sup- our recovery. Failure to reach an agreement extended to the unemployed, who re- port the rule and the bill. would have devastating consequences for our main in places like Norwalk, Ohio, and economy, small business and the middle Mr. DREIER. Mr. Speaker, I’d in- class. Lima and Medina and Elyria, people quire of my friend how many speakers The looming possibility of a January, 2013 who haven’t gone back to work yet in she has remaining on her side. sequester is already creating uncertainty in manufacturing centers across States Ms. SLAUGHTER. I believe I have our economy. Working together and in good like Ohio. three, Mr. Speaker. faith, Democrats and Republicans can nego- This House surely should follow the Mr. DREIER. Three speakers. Well, I tiate an alternative to the defense and non- lead of the Senate, which passed this anxiously look forward to their re- defense discretionary sequester as well as bill by 89–8 last night. This is the time marks. the mandatory sequester for fiscal year 2013. for the House to act. I rise in strong We are confident that we can identify rev- With that, I reserve the balance of support of the rule and strong support enue sources and prioritize investments in a of the bill. Let’s do what the American my time. bipartisan fashion to avoid the sequester Ms. SLAUGHTER. I am pleased to while achieving our deficit reduction goals. people have been waiting for for yield 1 minute to the gentlewoman We look forward to hearing from you and months. from Texas (Ms. JACKSON LEE). sitting down to negotiate an alternative to GENERAL LEAVE Ms. JACKSON LEE of Texas. I’ll add the sequester. We strongly recommend that Mr. DREIER. Mr. Speaker, I’d like to my appreciation to the service of Mr. this bipartisan process begin before the Au- ask unanimous consent that all Mem- DREIER as well. gust recess so that the American people can bers have—traditionally, I would ask And ask the question: Why are we be reassured before September 30 that the se- for 5 legislative days in which to revise quester will not take effect. and extend their remarks on the meas- here? I know why I’m here—to protect Best regards, working Americans, the vulnerable and Collin C. Peterson, Ranking Member, ure before us, but since the new Con- middle class. The reason why we’re in House Committee on Agriculture; Nor- gress is going to be sworn in at noon on this position is because at the end of man D. Dicks, Ranking Member, House Thursday, I ask that all the legislative the Clinton administration we had $5 Committee on Appropriations; Adam days remaining in the 112th Congress trillion in surplus, and it went out the Smith, Ranking Member, House Armed be provided for Members to revise and window with Bush tax cuts and wars Services Committee; Chris Van Hollen, extend their remarks on this resolution that we could not pay for. Ranking Member, House Committee on before us. the Budget; George Miller, Ranking So I stand here today to say that The SPEAKER pro tempore. Is there Member, House Committee on Edu- objection to the request of the gen- working class and the vulnerable will cation & the Workforce; Henry Wax- have their unemployment insurance man, Ranking Member, House Energy tleman from California? and earned income tax and cuts in & Commerce Committee; Linda There was no objection. Mr. DREIER. With that, I reserve the their taxes that they really need, but Sa´ nchez, Ranking Member, House Com- balance of my time. we still have work to do. I want to mittee on Ethics; Barney Frank, Rank- ing Member, House Committee on Fi- Ms. SLAUGHTER. Mr. Speaker, I make sure that we restore some very yield 1 minute to the gentleman from serious cuts that impact on the health nancial Services; Howard Berman, Ranking Member, House Committee on Georgia (Mr. SCOTT). care of Americans. Foreign Affairs; Bennie G. Thompson, Mr. DAVID SCOTT of Georgia. La- We have work to do on the sequestra- Ranking Member, House Committee on dies and gentlemen of the Congress and tion. Our fight is the same fight that Homeland Security; Robert A. Brady, United States of America, we stand Richard Trumka has with the AFL– Ranking Member, House Committee on here today and we’re witnessing some- CIO. We’re here to make sure that the Administration; John Conyers, Rank- thing that there has been a great hun- working Americans, the most vulner- ing Member, House Committee on the Judiciary; Edward Markey, Ranking ger among the American people for, able, do not pay for the rich getting and that is to see, finally, Democrats richer. We’re going to fight against So- Member, House Committee on Natural Resources; Elijah Cummings, Ranking and Republicans working together for cial Security cuts and Medicare cuts Member, House Committee on Over- the good of the United States. We’re and Medicaid cuts. sight and Government Reform; Louise going to have that today. We’re going What we have to do today is to make Slaughter, Ranking Member, House to have a bill—all may not vote for it, sure that we can go forward, but we Committee on Rules; Eddie Bernice but I think what is important here is should not do it without the under- Johnson, Ranking Member, House that this is a product of a true com- standing that there’s some restoration Committee on Science, Space, & Tech- promise, with Republicans and with nology; Nydia M. Vela´ zquez, Ranking work and there’s some fight work in Democrats putting the United States the sequestration. It will not be done Member, House Committee on Small Business; Nick Rahall, Ranking Mem- of America foremost. on the backs of those who cannot pay. ber, House Committee on Transpor- I think we ought to have a tip of the But we will work together as Ameri- tation & Infrastructure; Bob Filner, hat to President Barack Obama, I cans to make things better. That is Ranking Member, House Committee on think to Leader MCCONNELL in the Sen- what I hope we will see as we go for- Veterans’ Affairs; Sander Levin, Rank- ate, and certainly to our Vice Presi- ward. ing Member, House Committee on dent, JOE BIDEN, and to the leadership I want to thank the Senate for put- Ways and Means; C.A. Dutch Ruppers- of NANCY PELOSI, STENY HOYER, and berger, Ranking Member, Permanent ting that bill forward that now we have JIM CLYBURN over on our side. I know Select Committee on Intelligence. to address. that our Republican friends have had a Ms. SLAUGHTER. Mr. Speaker, when I am happy to yield 1 minute to the tussle here, but our tip of the hat to I spoke earlier, I referred to a letter gentlewoman from Ohio (Ms. KAPTUR). you as well, and certainly to my friend, that we had sent to the Speaker, and I Ms. KAPTUR. I thank the ranking DAVID DREIER, who is in his ending would like to insert that in the member for yielding. time as chairman of the Rules Com- RECORD. Tonight, the American people’s hopes mittee. Good luck, my friend. JULY 25, 2012. are for this Congress to pass a bipar- Ms. SLAUGHTER. Mr. Speaker, I’m DEAR MR. SPEAKER AND CHAIRS OF THE tisan bill to meet our Nation’s finan- pleased to yield 1 minute to the gen- COMMITTEES: As the senior Democratic Mem- cial obligations to give some certainty tleman from Tennessee (Mr. COHEN). bers of the Committees of the House, we call to our financial markets and to keep Mr. COHEN. I appreciate the mo- upon the Republican Leadership and the our economy growing through new job ment. Chairs of our respective committees to begin creation. This is a great victory for the This has been a very interesting cou- immediate negotiations with Democrats on middle class whose taxes will not go up ple of days, ones that I would normally replacing the scheduled 2013 sequester with a tomorrow. balanced deficit reduction plan. We all agree have spent with friends in Memphis, that a sequester starting in January, 2013 is In places like Ohio, what does it drinking champagne and looking for- not in the country’s best interest and is not mean? It means doctors who treat ward to the new year. the best way to assure responsible deficit re- Medicare patients are going to receive It’s been an honor serving with you, duction. The American people want us to fair reimbursement and those seniors Mr. DREIER. You are an outstanding

VerDate Mar 15 2010 04:42 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.041 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7535 Member, as Ms. SLAUGHTER said. There fying issue around here for us has been Mr. Speaker, Congress and the White are lots of people in the other aisle— the trade issue. A year ago, Democrats House are perfectly capable of fol- Mr. COBLE behind you—fine Repub- and Republicans came together and lowing that same model for the good of licans whom I’m friends with and think passed our long pending—they’d been our country. Americans may be politi- the world of, but I’m just happy this pending for over half a decade—our free cally divided, but they are united in day has ended the way it is, kind of a trade agreements with Colombia, Pan- their desire to see their leaders in Tiny Tim world. It’s just good the way ama and South Korea with strong bi- Washington achieve results. it ended up. Somehow or another, partisan votes. Additionally, Mr. Now, Mr. Speaker, we know it’s far whether it be the fates or Speaker Speaker, our very first action following from perfect, but I hope that this bi- BOEHNER’s abilities to work things November’s very, very deeply polar- partisan agreement can lay the founda- from magic, we’re going to end up not izing election was to join together to tion for continued work to address the falling off the fiscal cliff, and I think strengthen our hand against Russia’s tremendous challenges that we face as that’s wonderful. outrageous actions by passing Perma- a Nation. Millions of Americans are So I thank Ms. SLAUGHTER for the nent Normal Trade Relations. We did it out of work. The national debt as a time, and I thank Speaker BOEHNER for with one of the largest bipartisan and percentage of gross domestic product is whatever he’s done to produce what I bicameral votes that a trade bill has too high. Upheaval exists in nearly expect will be a positive result for the ever seen. Mr. Speaker, I would like to every region across the globe. Edu- American people. make the case that these consensus- cation and immigration reform must Mr. DREIER. Mr. Speaker, I’ll con- driven solutions should be a model for happen. The potential for a crippling tinue to reserve the balance of my the 113th Congress. cyberattack continues to be a threat. time. Today, we are proceeding with a crit- Climate change is a fact of life. And Ms. SLAUGHTER. Mr. Speaker, if I ical step to avert a serious economic most recently, Mr. Speaker, our fami- could inform my colleague, I have no downturn; but this is only the begin- lies are reeling from the tragedy of further requests for time and I’m pre- ning of the work that must be done, as Newtown. They’re asking how we can pared to close if he has no further we all know. Ultimately, Mr. Speaker, prevent it from ever happening again speakers. we must reach an agreement that com- Mr. Speaker, failure to avert the fis- and how we can keep guns from getting bines, as I said earlier, meaningful en- into the hands of dangerous people. cal cliff could lead the Nation back titlement reform with new revenues in into an economic recession and create These are the great challenges to a way that puts us back on a path to- the largest displacement of workers in which we all must rise, for which we all wards growth and prosperity. must find real solutions. I look forward the Nation’s history. The dangers are If we’re going to accomplish this, we avoidable, and it is our solemn obliga- to continuing to do my small part as I must work together—Republicans and follow the Madisonian directive and re- tion to avert the fiscal cliff and protect Democrats, Congress and the White the American people. turn to California as a private citizen. House, the Federal Government and It’s been an incredible honor, Mr. b 2110 the States, the public sector and the Speaker, an incredible honor for me to As I said earlier, today’s legislation private sector. Now, Mr. Speaker, some serve in what I describe—even though is far from perfect; but in this time of might say that saying those things is a the Senate often takes this label—as crisis, legislators must act. In the cliche. But, as we all know, Members the greatest deliberative body known months to come, we will face more fis- are going to have to engage in rigorous to man, and I consider it an amazing cal challenges and be asked to act debate, and there needs to be that honor to be able to serve here. again. When that time comes, I hope clash of ideas, a rigorous debate; but it Now, as I depart, and I hope that that we will avoid the brinksmanship needs to be done in good faith and with there is no correlation to my depar- that we have seen to date and come to a spirit of compromise. ture, I believe that the United States the table in good faith. If we do, I’m Now, I realize that some argue that Congress can actually be better than it confident that we can finish our work ‘‘compromise’’ is a sign of weakness. In has ever been. and provide solutions for a better fu- fact, one of the great strengths, Mr. With that, I yield back the balance of ture for America. Speaker, of our Nation’s Founders was my time, and I move the previous ques- I yield back the balance of my time. their ability to compromise. The very tion on the resolution. structure of this institution, the Mr. DREIER. Mr. Speaker, with that, The previous question was ordered. United States Congress, the very struc- I yield myself the balance of the time. The SPEAKER pro tempore. The ture of our institution which joins the Mr. Speaker, on the 29th of February question is on the resolution. people’s House where we’re all privi- of this year, I stood here in this well The question was taken; and the leged to serve with the State-focused and announced that I was leaving Con- Speaker pro tempore announced that United States Senate was known as gress. And when I did that, I said that the ayes appeared to have it. this institution is as great as it has what? The Connecticut Compromise or Mr. DREIER. Mr. Speaker, on that I ever been. The reason I said that is the Great Compromise. That’s the very demand the yeas and nays. that Congress is a reflection of the peo- basis of our Founders. Too often, we The yeas and nays were ordered. ple; and it means that when America is forget that while we should never—we The vote was taken by electronic de- divided, Congress is divided. That should never compromise our prin- vice, and there were—yeas 408, nays 10, doesn’t mean that we, as leaders, Mr. ciples, we must always, Mr. Speaker, not voting 14, as follows: Speaker, can’t work to bridge this di- we must always be prepared to com- vide. promise in the service of our prin- [Roll No. 658] While political division is a current ciples. YEAS—408 reality, it is not our fate. I believe A couple of weeks ago, ‘‘The Econo- Ackerman Becerra Boustany that, as an institution, Congress can mist’’ described another example of Adams Benishek Brady (PA) Aderholt Berg Brady (TX) and must forge new consensus and re- compromise, this one in what Justice Akin Berkley Braley (IA) store hope and optimism for future Brandeis described as one of the ‘‘lab- Alexander Berman Brooks generations. Optimism, Mr. Speaker, as oratories of democracy,’’ that being Altmire Biggert Broun (GA) the State of Georgia. The conservative Amash Bilbray Brown (FL) you know very well, is what we, as Amodei Bilirakis Buchanan Americans, are all about. And I’ve got Republican Governor, our former Andrews Bishop (GA) Bucshon to tell you, Mr. Speaker, that that op- House colleague, Nathan Deal, and the Austria Bishop (NY) Buerkle timism has been validated again and liberal mayor of Atlanta, Kasim Reed, Baca Bishop (UT) Burgess Bachmann Black Butterfield again and again. Actually, there are are clearly at opposite ends of the po- Bachus Blackburn Calvert positive signs. While it gets very little litical spectrum. Yet they have man- Baldwin Boehner Camp attention, we have come together to aged to bridge that divide through a Barber Bonamici Canseco commitment to results. Mr. Speaker, Barletta Bonner Cantor craft solutions. Bartlett Bono Mack Capito The issue that I’ve been involved in together, they have achieved signifi- Barton (TX) Boren Capps that, frankly, has been the most uni- cant gains for the good of Georgia. Bass (CA) Boswell Capuano

VerDate Mar 15 2010 04:42 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.043 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7536 CONGRESSIONAL RECORD — HOUSE January 1, 2013 Carnahan Gutierrez McMorris Sewell Thompson (CA) Wasserman Sec. 202. Extension of exclusion from gross in- Carney Hahn Rodgers Sherman Thompson (MS) Schultz come of discharge of qualified Carson (IN) Hall McNerney Shimkus Thompson (PA) Waters principal residence indebtedness. Shuler Watt Carter Hanabusa Meehan Thornberry Sec. 203. Extension of parity for exclusion from Cassidy Hanna Meeks Shuster Waxman Tiberi income for employer-provided Castor (FL) Harper Mica Simpson Tierney Webster mass transit and parking benefits. Chabot Harris Michaud Sires Tipton Welch Chaffetz Hartzler Miller (FL) Slaughter Tonko West Sec. 204. Extension of mortgage insurance pre- Smith (NE) Westmoreland Chandler Hastings (FL) Miller (MI) Towns miums treated as qualified resi- Smith (NJ) Wilson (FL) Chu Hastings (WA) Miller (NC) Tsongas dence interest. Cicilline Hayworth Miller, Gary Smith (TX) Wilson (SC) Turner (NY) Sec. 205. Extension of deduction of State and Clarke (MI) Heck Miller, George Smith (WA) Wittman Turner (OH) local general sales taxes. Clarke (NY) Heinrich Moore Southerland Wolf Upton Sec. 206. Extension of special rule for contribu- Cleaver Hensarling Mulvaney Speier Womack Van Hollen Clyburn Herger Murphy (CT) Stearns Woodall tions of capital gain real property ´ Coble Herrera Beutler Murphy (PA) Stivers Velazquez Yarmuth made for conservation purposes. Coffman (CO) Higgins Myrick Stutzman Walberg Yoder Sec. 207. Extension of above-the-line deduction Cohen Himes Nadler Sullivan Walden Young (AK) for qualified tuition and related Cole Hinchey Napolitano Sutton Walsh (IL) Young (FL) expenses. Conaway Hinojosa Neal Terry Walz (MN) Young (IN) Sec. 208. Extension of tax-free distributions Connolly (VA) Hochul Neugebauer NAYS—10 from individual retirement plans Cooper Holden Noem for charitable purposes. Costa Holt Nugent Barrow Moran Scott (VA) Costello Honda Nunes Blumenauer Peterson Visclosky Sec. 209. Improve and make permanent the pro- Courtney Hoyer Olson DeFazio Posey vision authorizing the Internal Cravaack Huelskamp Olver McDermott Schmidt Revenue Service to disclose cer- Crawford Huizenga (MI) Owens NOT VOTING—14 tain return and return informa- Crenshaw Hultgren Palazzo tion to certain prison officials. Bass (NH) Grijalva Paul Critz Hunter Pallone TITLE III—BUSINESS TAX EXTENDERS Crowley Hurt Pascrell Burton (IN) Hirono Stark Cuellar Israel Pastor (AZ) Campbell Lewis (CA) Whitfield Sec. 301. Extension and modification of re- Culberson Issa Paulsen Clay Lewis (GA) Woolsey search credit. Cummings Jackson Lee Payne Conyers Nunnelee Sec. 302. Extension of temporary minimum low- Curson (MI) (TX) Pearce b 2139 income tax credit rate for non-fed- Davis (CA) Jenkins Pelosi erally subsidized new buildings. Davis (IL) Johnson (GA) Pence Mr. MCDERMOTT changed his vote Sec. 303. Extension of housing allowance exclu- DeGette Johnson (IL) Perlmutter from ‘‘yea’’ to ‘‘nay.’’ sion for determining area median DeLauro Johnson (OH) Peters Messrs. CHAFFETZ and RANGEL DelBene Johnson, E. B. Petri gross income for qualified residen- Denham Johnson, Sam Pingree (ME) changed their vote from ‘‘nay’’ to tial rental project exempt facility Dent Jones Pitts ‘‘yea.’’ bonds. DesJarlais Jordan Platts So the resolution was agreed to. Sec. 304. Extension of Indian employment tax Deutch Kaptur Poe (TX) The result of the vote was announced credit. Diaz-Balart Keating Polis as above recorded. Sec. 305. Extension of new markets tax credit. Dicks Kelly Pompeo Sec. 306. Extension of railroad track mainte- Dingell Kildee Price (GA) A motion to reconsider was laid on nance credit. Doggett Kind Price (NC) the table. Dold King (IA) Quayle Mr. CAMP. Mr. Speaker, pursuant to Sec. 307. Extension of mine rescue team train- Donnelly (IN) King (NY) Quigley ing credit. Doyle Kingston Rahall House Resolution 844, I call up the bill Sec. 308. Extension of employer wage credit for Dreier Kinzinger (IL) Rangel (H.R. 8) to extend certain tax relief employees who are active duty Duffy Kissell Reed provisions enacted in 2001 and 2003, and members of the uniformed serv- Duncan (SC) Kline Rehberg to provide for expedited consideration ices. Duncan (TN) Kucinich Reichert Sec. 309. Extension of work opportunity tax Edwards Labrador Renacci of a bill providing for comprehensive Ellison Lamborn Reyes tax reform, and for other purposes, credit. Ellmers Lance Ribble with the Senate amendments thereto, Sec. 310. Extension of qualified zone academy bonds. Emerson Landry Richardson and I have a motion at the desk. Engel Langevin Richmond Sec. 311. Extension of 15-year straight-line cost Eshoo Lankford Rigell The Clerk read the title of the bill. recovery for qualified leasehold Farenthold Larsen (WA) Rivera The SPEAKER pro tempore (Mr. improvements, qualified res- Farr Larson (CT) Roby WOMACK). The Clerk will designate the taurant buildings and improve- Fattah Latham Roe (TN) Senate amendments. Fincher LaTourette Rogers (AL) ments, and qualified retail im- Fitzpatrick Latta Rogers (KY) The text of the Senate amendments provements. Flake Lee (CA) Rogers (MI) is as follows: Sec. 312. Extension of 7-year recovery period for Fleischmann Levin Rohrabacher Senate amendments: motorsports entertainment com- Fleming Lipinski Rokita Strike all after the enacting clause and in- plexes. Flores LoBiondo Rooney sert the following: Sec. 313. Extension of accelerated depreciation Forbes Loebsack Ros-Lehtinen for business property on an In- Fortenberry Lofgren, Zoe Roskam SECTION 1. SHORT TITLE, ETC. Foxx Long Ross (AR) (a) SHORT TITLE.—This Act may be cited as dian reservation. Frank (MA) Lowey Ross (FL) the ‘‘American Taxpayer Relief Act of 2012’’. Sec. 314. Extension of enhanced charitable de- Franks (AZ) Lucas Rothman (NJ) (b) AMENDMENT OF 1986 CODE.—Except as oth- duction for contributions of food Frelinghuysen Luetkemeyer Roybal-Allard erwise expressly provided, whenever in this Act inventory. ´ Fudge Lujan Royce an amendment or repeal is expressed in terms of Sec. 315. Extension of increased expensing limi- Gallegly Lummis Runyan an amendment to, or repeal of, a section or tations and treatment of certain Garamendi Lungren, Daniel Ruppersberger real property as section 179 prop- Gardner E. Rush other provision, the reference shall be consid- Garrett Lynch Ryan (OH) ered to be made to a section or other provision erty. Gerlach Mack Ryan (WI) of the Internal Revenue Code of 1986. Sec. 316. Extension of election to expense mine Gibbs Maloney Sa´ nchez, Linda (c) TABLE OF CONTENTS.—The table of con- safety equipment. Gibson Manzullo T. tents for this Act is as follows: Sec. 317. Extension of special expensing rules Gingrey (GA) Marchant Sanchez, Loretta Sec. 1. Short title, etc. for certain film and television pro- Gohmert Marino Sarbanes ductions. Gonzalez Markey Scalise TITLE I—GENERAL EXTENSIONS Sec. 318. Extension of deduction allowable with Goodlatte Massie Schakowsky Sec. 101. Permanent extension and modification respect to income attributable to Gosar Matheson Schiff of 2001 tax relief. Gowdy Matsui Schilling domestic production activities in Granger McCarthy (CA) Schock Sec. 102. Permanent extension and modification Puerto Rico. Graves (GA) McCarthy (NY) Schrader of 2003 tax relief. Sec. 319. Extension of modification of tax treat- Graves (MO) McCaul Schwartz Sec. 103. Extension of 2009 tax relief. ment of certain payments to con- Green, Al McClintock Schweikert Sec. 104. Permanent alternative minimum tax trolling exempt organizations. Green, Gene McCollum Scott (SC) relief. Sec. 320. Extension of treatment of certain divi- Griffin (AR) McGovern Scott, Austin TITLE II—INDIVIDUAL TAX EXTENDERS Griffith (VA) McHenry Scott, David dends of regulated investment Grimm McIntyre Sensenbrenner Sec. 201. Extension of deduction for certain ex- companies. Guinta McKeon Serrano penses of elementary and sec- Sec. 321. Extension of RIC qualified investment Guthrie McKinley Sessions ondary school teachers. entity treatment under FIRPTA.

VerDate Mar 15 2010 05:34 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 6343 E:\CR\FM\A01JA7.017 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7537 Sec. 322. Extension of subpart F exception for Sec. 608. Extension of Medicare reasonable cost 2012, and estates of decedents dying, gifts made, active financing income. contracts. or generation skipping transfers after December Sec. 323. Extension of look-thru treatment of Sec. 609. Performance improvement. 31, 2012. payments between related con- Sec. 610. Extension of funding outreach and as- (b) APPLICATION OF INCOME TAX TO CERTAIN trolled foreign corporations under sistance for low-income programs. HIGH-INCOME TAXPAYERS.— foreign personal holding company Subtitle B—Other Health Extensions (1) INCOME TAX RATES.— rules. (A) TREATMENT OF 25-, 28-, AND 33-PERCENT Sec. 621. Extension of the qualifying individual Sec. 324. Extension of temporary exclusion of RATE BRACKETS.—Paragraph (2) of section 1(i) is (QI) program. 100 percent of gain on certain amended to read as follows: Sec. 622. Extension of Transitional Medical As- small business stock. ‘‘(2) 25-, 28-, AND 33-PERCENT RATE BRACKETS.— sistance (TMA). Sec. 325. Extension of basis adjustment to stock The tables under subsections (a), (b), (c), (d), Sec. 623. Extension of Medicaid and CHIP Ex- of S corporations making chari- and (e) shall be applied— press Lane option. table contributions of property. ‘‘(A) by substituting ‘25%’ for ‘28%’ each Sec. 624. Extension of family-to-family health Sec. 326. Extension of reduction in S-corpora- place it appears (before the application of sub- information centers. tion recognition period for built-in paragraph (B)), Sec. 625. Extension of Special Diabetes Program gains tax. ‘‘(B) by substituting ‘28%’ for ‘31%’ each for Type I diabetes and for Indi- Sec. 327. Extension of empowerment zone tax place it appears, and incentives. ans. ‘‘(C) by substituting ‘33%’ for ‘36%’ each Sec. 328. Extension of tax-exempt financing for Subtitle C—Other Health Provisions place it appears.’’. New York Liberty Zone. Sec. 631. IPPS documentation and coding ad- (B) 35-PERCENT RATE BRACKET.—Subsection (i) Sec. 329. Extension of temporary increase in justment for implementation of of section 1 is amended by redesignating para- limit on cover over of rum excise MS-DRGs. graph (3) as paragraph (4) and by inserting taxes to Puerto Rico and the Vir- Sec. 632. Revisions to the Medicare ESRD bun- after paragraph (2) the following new para- gin Islands. dled payment system to reflect graph: Sec. 330. Modification and extension of Amer- findings in the GAO report. ‘‘(3) MODIFICATIONS TO INCOME TAX BRACKETS ican Samoa economic development Sec. 633. Treatment of multiple service payment FOR HIGH-INCOME TAXPAYERS.— credit. policies for therapy services. ‘‘(A) 35-PERCENT RATE BRACKET.—In the case Sec. 331. Extension and modification of bonus Sec. 634. Payment for certain radiology services of taxable years beginning after December 31, depreciation. furnished under the Medicare 2012— TITLE IV—ENERGY TAX EXTENDERS hospital outpatient department ‘‘(i) the rate of tax under subsections (a), (b), Sec. 401. Extension of credit for energy-efficient prospective payment system. (c), and (d) on a taxpayer’s taxable income in existing homes. Sec. 635. Adjustment of equipment utilization the highest rate bracket shall be 35 percent to Sec. 402. Extension of credit for alternative fuel rate for advanced imaging serv- the extent such income does not exceed an vehicle refueling property. ices. amount equal to the excess of— Sec. 403. Extension of credit for 2- or 3-wheeled Sec. 636. Medicare payment of competitive ‘‘(I) the applicable threshold, over plug-in electric vehicles. prices for diabetic supplies and ‘‘(II) the dollar amount at which such bracket Sec. 404. Extension and modification of cellu- elimination of overpayment for di- begins, and losic biofuel producer credit. abetic supplies. ‘‘(ii) the 39.6 percent rate of tax under such Sec. 405. Extension of incentives for biodiesel Sec. 637. Medicare payment adjustment for subsections shall apply only to the taxpayer’s and renewable diesel. non-emergency ambulance trans- taxable income in such bracket in excess of the Sec. 406. Extension of production credit for In- ports for ESRD beneficiaries. amount to which clause (i) applies. dian coal facilities placed in serv- Sec. 638. Removing obstacles to collection of ‘‘(B) APPLICABLE THRESHOLD.—For purposes ice before 2009. of this paragraph, the term ‘applicable thresh- Sec. 407. Extension and modification of credits overpayments. Sec. 639. Medicare advantage coding intensity old’ means— with respect to facilities pro- adjustment. ‘‘(i) $450,000 in the case of subsection (a), ducing energy from certain renew- Sec. 640. Elimination of all funding for the ‘‘(ii) $425,000 in the case of subsection (b), able resources. Medicare Improvement Fund. ‘‘(iii) $400,000 in the case of subsection (c), Sec. 408. Extension of credit for energy-efficient and new homes. Sec. 641. Rebasing of State DSH allotments. ‘‘(iv) 1⁄2 the amount applicable under clause (i) Sec. 409. Extension of credit for energy-efficient Sec. 642. Repeal of CLASS program. (after adjustment, if any, under subparagraph appliances. Sec. 643. Commission on Long-Term Care. (C)) in the case of subsection (d). Sec. 410. Extension and modification of special Sec. 644. Consumer Operated and Oriented Plan ‘‘(C) INFLATION ADJUSTMENT.—For purposes of allowance for cellulosic biofuel program contingency fund. this paragraph, with respect to taxable years be- plant property. TITLE VII—EXTENSION OF AGRICULTURAL ginning in calendar years after 2013, each of the Sec. 411. Extension of special rule for sales or PROGRAMS dollar amounts under clauses (i), (ii), and (iii) dispositions to implement FERC Sec. 701. 1-year extension of agricultural pro- of subparagraph (B) shall be adjusted in the or State electric restructuring pol- grams. same manner as under paragraph (1)(C)(i), ex- icy for qualified electric utilities. Sec. 702. Supplemental agricultural disaster as- cept that subsection (f)(3)(B) shall be applied by Sec. 412. Extension of alternative fuels excise sistance. tax credits. substituting ‘2012’ for ‘1992’.’’. TITLE VIII—MISCELLANEOUS PROVISIONS (2) PHASEOUT OF PERSONAL EXEMPTIONS AND TITLE V—UNEMPLOYMENT Sec. 801. Strategic delivery systems. ITEMIZED DEDUCTIONS.— Sec. 501. Extension of emergency unemployment Sec. 802. No cost of living adjustment in pay of (A) OVERALL LIMITATION ON ITEMIZED DEDUC- compensation program. members of congress. TIONS.—Section 68 is amended— Sec. 502. Temporary extension of extended ben- (i) by striking subsection (b) and inserting the TITLE IX—BUDGET PROVISIONS efit provisions. following: Sec. 503. Extension of funding for reemploy- Subtitle A—Modifications of Sequestration ‘‘(b) APPLICABLE AMOUNT.— ment services and reemployment Sec. 901. Treatment of sequester. ‘‘(1) IN GENERAL.—For purposes of this sec- and eligibility assessment activi- Sec. 902. Amounts in applicable retirement tion, the term ‘applicable amount’ means— ties. plans may be transferred to des- ‘‘(A) $300,000 in the case of a joint return or Sec. 504. Additional extended unemployment ignated Roth accounts without a surviving spouse (as defined in section 2(a)), benefits under the Railroad Un- distribution. ‘‘(B) $275,000 in the case of a head of house- employment Insurance Act. Subtitle B—Budgetary Effects hold (as defined in section 2(b)), TITLE VI—MEDICARE AND OTHER HEALTH ‘‘(C) $250,000 in the case of an individual who Sec. 911. Budgetary effects. EXTENSIONS is not married and who is not a surviving spouse Subtitle A—Medicare Extensions TITLE I—GENERAL EXTENSIONS or head of household, and 1 Sec. 601. Medicare physician payment update. SEC. 101. PERMANENT EXTENSION AND MODI- ‘‘(D) ⁄2 the amount applicable under subpara- Sec. 602. Work geographic adjustment. FICATION OF 2001 TAX RELIEF. graph (A) (after adjustment, if any, under para- Sec. 603. Payment for outpatient therapy serv- (a) PERMANENT EXTENSION.— graph (2)) in the case of a married individual ices. (1) IN GENERAL.—The Economic Growth and filing a separate return. Sec. 604. Ambulance add-on payments. Tax Relief Reconciliation Act of 2001 is amended For purposes of this paragraph, marital status Sec. 605. Extension of Medicare inpatient hos- by striking title IX. shall be determined under section 7703. pital payment adjustment for low- (2) CONFORMING AMENDMENT.—The Tax Re- ‘‘(2) INFLATION ADJUSTMENT.—In the case of volume hospitals. lief, Unemployment Insurance Reauthorization, any taxable year beginning in calendar years Sec. 606. Extension of the Medicare-dependent and Job Creation Act of 2010 is amended by after 2013, each of the dollar amounts under hospital (MDH) program. striking section 304. subparagraphs (A), (B), and (C) of paragraph Sec. 607. Extension for specialized Medicare Ad- (3) EFFECTIVE DATE.—The amendments made (1) shall be shall be increased by an amount vantage plans for special needs by this subsection shall apply to taxable, plan, equal to— individuals. or limitation years beginning after December 31, ‘‘(A) such dollar amount, multiplied by

VerDate Mar 15 2010 04:42 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 6333 E:\CR\FM\A01JA7.019 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7538 CONGRESSIONAL RECORD — HOUSE January 1, 2013 ‘‘(B) the cost-of-living adjustment determined (I) by striking ‘‘the threshold amount’’ in sub- (III) by striking all that precedes ‘‘in a cal- under section 1(f)(3) for the calendar year in paragraphs (A) and (B) and inserting ‘‘the ap- endar year after 1989,’’ and inserting the fol- which the taxable year begins, except that sec- plicable amount in effect under section 68(b)’’, lowing: tion 1(f)(3)(B) shall be applied by substituting (II) by striking subparagraph (C) and redesig- ‘‘(4) INFLATION ADJUSTMENT.—In the case of ‘2012’ for ‘1992’. nating subparagraph (D) as subparagraph (C), any taxable year beginning’’. and (3) EFFECTIVE DATE.—The amendments made If any amount after adjustment under the pre- by this subsection shall apply to taxable years (III) by striking subparagraphs (E) and (F). ceding sentence is not a multiple of $50, such beginning after December 31, 2012. amount shall be rounded to the next lowest mul- (ii) CONFORMING AMENDMENTS.—Paragraph (c) MODIFICATIONS OF ESTATE TAX.— tiple of $50.’’, and (4) of section 151(d) is amended— (1) MAXIMUM ESTATE TAX RATE EQUAL TO 40 (ii) by striking subsections (f) and (g). (I) by striking subparagraph (B), PERCENT.—The table contained in subsection (c) (II) by redesignating clauses (i) and (ii) of of section 2001, as amended by section 302(a)(2) (B) PHASEOUT OF DEDUCTIONS FOR PERSONAL subparagraph (A) as subparagraphs (A) and of the Tax Relief, Unemployment Insurance Re- EXEMPTIONS.— (B), respectively, and by indenting such sub- authorization, and Job Creation Act of 2010, is (i) IN GENERAL.—Paragraph (3) of section paragraphs (as so redesignated) accordingly, amended by striking ‘‘Over $500,000’’ and all 151(d) is amended— and that follows and inserting the following:

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

(2) TECHNICAL CORRECTION.—Clause (i) of sec- (2) Sections 1(h)(1)(B) and 55(b)(3)(B) are (2) RULE REGARDING DISREGARD OF REFUNDS.— tion 2010(c)(4)(B) is amended by striking ‘‘basic each amended by striking ‘‘5 percent (0 percent The amendment made by subsection (d) shall exclusion amount’’ and inserting ‘‘applicable in the case of taxable years beginning after apply to amounts received after December 31, exclusion amount’’. 2007)’’ and inserting ‘‘0 percent’’. 2012. (3) EFFECTIVE DATES.— (3) Section 1445(e)(6) is amended by striking SEC. 104. PERMANENT ALTERNATIVE MINIMUM (A) IN GENERAL.—Except as otherwise pro- ‘‘15 percent (20 percent in the case of taxable TAX RELIEF. vided by in this paragraph, the amendments years beginning after December 31, 2010)’’ and (a) 2012 EXEMPTION AMOUNTS MADE PERMA- made by this subsection shall apply to estates of inserting ‘‘20 percent’’. decedents dying, generation-skipping transfers, (d) EFFECTIVE DATES.— NENT.— and gifts made, after December 31, 2012. (1) IN GENERAL.—Except as otherwise pro- (1) IN GENERAL.—Paragraph (1) of section (B) TECHNICAL CORRECTION.—The amendment vided, the amendments made by subsections (b) 55(d) is amended— made by paragraph (2) shall take effect as if in- and (c) shall apply to taxable years beginning (A) by striking ‘‘$45,000’’ and all that follows cluded in the amendments made by section 303 after December 31, 2012. through ‘‘2011)’’ in subparagraph (A) and in- of the Tax Relief, Unemployment Insurance Re- (2) WITHHOLDING.—The amendments made by serting ‘‘$78,750’’, authorization, and Job Creation Act of 2010. paragraphs (1)(C) and (3) of subsection (c) shall (B) by striking ‘‘$33,750’’ and all that follows SEC. 102. PERMANENT EXTENSION AND MODI- apply to amounts paid on or after January 1, through ‘‘2011)’’ in subparagraph (B) and in- FICATION OF 2003 TAX RELIEF. 2013. serting ‘‘$50,600’’, and SEC. 103. EXTENSION OF 2009 TAX RELIEF. (a) PERMANENT EXTENSION.—The Jobs and (C) by striking ‘‘paragraph (1)(A)’’ in sub- Growth Tax Relief Reconciliation Act of 2003 is (a) 5-YEAR EXTENSION OF AMERICAN OPPOR- TUNITY TAX CREDIT.— paragraph (C) and inserting ‘‘subparagraph amended by striking section 303. (A)’’. (b) 20-PERCENT CAPITAL GAINS RATE FOR CER- (1) IN GENERAL.—Section 25A(i) is amended by TAIN HIGH INCOME INDIVIDUALS.— striking ‘‘in 2009, 2010, 2011, or 2012’’ and insert- (b) EXEMPTION AMOUNTS INDEXED FOR INFLA- (1) IN GENERAL.—Paragraph (1) of section 1(h) ing ‘‘after 2008 and before 2018’’. TION.— is amended by striking subparagraph (C), by re- (2) TREATMENT OF POSSESSIONS.—Section (1) IN GENERAL.—Subsection (d) of section 55 designating subparagraphs (D) and (E) as sub- 1004(c)(1) of division B of the American Recov- is amended by adding at the end the following paragraphs (E) and (F) and by inserting after ery and Reinvestment Tax Act of 2009 is amend- new paragraph: subparagraph (B) the following new subpara- ed by striking ‘‘in 2009, 2010, 2011, and 2012’’ ‘‘(4) INFLATION ADJUSTMENT.— each place it appears and inserting ‘‘after 2008 graphs: ‘‘(A) IN GENERAL.—In the case of any taxable ‘‘(C) 15 percent of the lesser of— and before 2018’’. year beginning in a calendar year after 2012, the (b) 5-YEAR EXTENSION OF CHILD TAX CRED- ‘‘(i) so much of the adjusted net capital gain amounts described in subparagraph (B) shall IT.—Section 24(d)(4) is amended— (or, if less, taxable income) as exceeds the each be increased by an amount equal to— amount on which a tax is determined under sub- (1) by striking ‘‘2009, 2010, 2011, AND 2012’’ in the ‘‘(i) such dollar amount, multiplied by paragraph (B), or heading and inserting ‘‘FOR CERTAIN YEARS’’, ‘‘(ii) the excess of— and ‘‘(ii) the cost-of-living adjustment determined ‘‘(I) the amount of taxable income which (2) by striking ‘‘in 2009, 2010, 2011, or 2012’’ under section 1(f)(3) for the calendar year in would (without regard to this paragraph) be and inserting ‘‘after 2008 and before 2018’’. which the taxable year begins, determined by (c) 5-YEAR EXTENSION OF EARNED INCOME TAX taxed at a rate below 39.6 percent, over substituting ‘calendar year 2011’ for ‘calendar ‘‘(II) the sum of the amounts on which a tax CREDIT.—Section 32(b)(3) is amended— year 1992’ in subparagraph (B) thereof. (1) by striking ‘‘2009, 2010, 2011, AND 2012’’ in the is determined under subparagraphs (A) and (B), ‘‘(B) AMOUNTS DESCRIBED.—The amounts de- ‘‘(D) 20 percent of the adjusted net capital heading and inserting ‘‘FOR CERTAIN YEARS’’, and scribed in this subparagraph are— gain (or, if less, taxable income) in excess of the (2) by striking ‘‘in 2009, 2010, 2011, or 2012’’ ‘‘(i) each of the dollar amounts contained in sum of the amounts on which tax is determined and inserting ‘‘after 2008 and before 2018’’. subsection (b)(1)(A)(i), under subparagraphs (B) and (C),’’. (d) PERMANENT EXTENSION OF RULE DIS- (2) MINIMUM TAX.—Paragraph (3) of section ‘‘(ii) each of the dollar amounts contained in REGARDING REFUNDS IN THE ADMINISTRATION OF 55(b) is amended by striking subparagraph (C), paragraph (1), and FEDERAL PROGRAMS AND FEDERALLY ASSISTED by redesignating subparagraph (D) as subpara- ‘‘(iii) each of the dollar amounts in subpara- PROGRAMS.—Section 6409 is amended to read as graphs (A) and (B) of paragraph (3). graph (E), and by inserting after subparagraph follows: (B) the following new subparagraphs: ‘‘(C) ROUNDING.—Any increase determined ‘‘SEC. 6409. REFUNDS DISREGARDED IN THE AD- under subparagraph (A) shall be rounded to the ‘‘(C) 15 percent of the lesser of— MINISTRATION OF FEDERAL PRO- ‘‘(i) so much of the adjusted net capital gain GRAMS AND FEDERALLY ASSISTED nearest multiple of $100.’’. (or, if less, taxable excess) as exceeds the PROGRAMS. (2) CONFORMING AMENDMENTS.— amount on which tax is determined under sub- ‘‘Notwithstanding any other provision of law, (A) Clause (iii) of section 55(b)(1)(A) is amend- paragraph (B), or any refund (or advance payment with respect to ed by striking ‘‘by substituting’’ and all that ‘‘(ii) the excess described in section a refundable credit) made to any individual follows through ‘‘appears.’’ and inserting ‘‘by 1(h)(1)(C)(ii), plus under this title shall not be taken into account ‘‘(D) 20 percent of the adjusted net capital substituting 50 percent of the dollar amount oth- as income, and shall not be taken into account erwise applicable under subclause (I) and sub- gain (or, if less, taxable excess) in excess of the as resources for a period of 12 months from re- sum of the amounts on which tax is determined clause (II) thereof.’’. ceipt, for purposes of determining the eligibility (B) Paragraph (3) of section 55(d) is amend- under subparagraphs (B) and (C), plus’’. of such individual (or any other individual) for (c) CONFORMING AMENDMENTS.— ed— (1) The following provisions are each amended benefits or assistance (or the amount or extent (i) by striking ‘‘or (2)’’ in subparagraph (A), of benefits or assistance) under any Federal pro- by striking ‘‘15 percent’’ and inserting ‘‘20 per- (ii) by striking ‘‘and’’ at the end of subpara- gram or under any State or local program fi- cent’’: graph (B), and nanced in whole or in part with Federal (A) Section 531. (iii) by striking subparagraph (C) and insert- (B) Section 541. funds.’’. (C) Section 1445(e)(1). (e) EFFECTIVE DATES.— ing the following new subparagraphs: (D) The second sentence of section (1) IN GENERAL.—Except as provided in para- ‘‘(C) 50 percent of the dollar amount applica- 7518(g)(6)(A). graph (2), the amendments made by this section ble under subparagraph (A) in the case of a tax- (E) Section 53511(f)(2) of title 46, United States shall apply to taxable years beginning after De- payer described in subparagraph (C) or (D) of Code. cember 31, 2012. paragraph (1), and

VerDate Mar 15 2010 05:44 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 6333 E:\CR\FM\A01JA7.019 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7539 ‘‘(D) $150,000 in the case of a taxpayer de- of paragraph (1)) shall be treated as a credit al- SEC. 206. EXTENSION OF SPECIAL RULE FOR CON- scribed in paragraph (2).’’. lowable under subpart A for such taxable TRIBUTIONS OF CAPITAL GAIN REAL (c) ALTERNATIVE MINIMUM TAX RELIEF FOR year.’’. PROPERTY MADE FOR CONSERVA- TION PURPOSES. NONREFUNDABLE CREDITS.— (I) NEW QUALIFIED PLUG-IN ELECTRIC VEHICLE (1) IN GENERAL.—Subsection (a) of section 26 CREDIT.—Section 30D(c)(2) is amended to read (a) IN GENERAL.—Clause (vi) of section is amended to read as follows: as follows: 170(b)(1)(E) is amended by striking ‘‘December ‘‘(a) LIMITATION BASED ON AMOUNT OF TAX.— ‘‘(2) PERSONAL CREDIT.—For purposes of this 31, 2011’’ and inserting ‘‘December 31, 2013’’. The aggregate amount of credits allowed by this title, the credit allowed under subsection (a) for (b) CONTRIBUTIONS BY CERTAIN CORPORATE subpart for the taxable year shall not exceed the any taxable year (determined after application FARMERS AND RANCHERS.—Clause (iii) of section sum of— of paragraph (1)) shall be treated as a credit al- 170(b)(2)(B) is amended by striking ‘‘December ‘‘(1) the taxpayer’s regular tax liability for the lowable under subpart A for such taxable 31, 2011’’ and inserting ‘‘December 31, 2013’’. taxable year reduced by the foreign tax credit year.’’. (c) EFFECTIVE DATE.—The amendments made allowable under section 27(a), and (J) CROSS REFERENCES.—Section 55(c)(3) is by this section shall apply to contributions made ‘‘(2) the tax imposed by section 55(a) for the amended by striking ‘‘26(a), 30C(d)(2),’’ and in- in taxable years beginning after December 31, taxable year.’’. serting ‘‘30C(d)(2)’’. 2011. (2) CONFORMING AMENDMENTS.— (K) FOREIGN TAX CREDIT.—Section 904 is SEC. 207. EXTENSION OF ABOVE-THE-LINE DE- (A) ADOPTION CREDIT.— amended by striking subsection (i) and by redes- DUCTION FOR QUALIFIED TUITION (i) Section 23(b) is amended by striking para- ignating subsections (j) , (k), and (l) as sub- AND RELATED EXPENSES. graph (4). sections (i), (j), and (k), respectively. (a) IN GENERAL.—Subsection (e) of section 222 (ii) Section 23(c) is amended by striking para- (L) FIRST-TIME HOME BUYER CREDIT FOR THE is amended by striking ‘‘December 31, 2011’’ and graphs (1) and (2) and inserting the following: DISTRICT OF COLUMBIA.—Section 1400C(d) is inserting ‘‘December 31, 2013’’. amended to read as follows: FFECTIVE ATE ‘‘(1) IN GENERAL.—If the credit allowable (b) E D .—The amendment made ‘‘(d) CARRYFORWARD OF UNUSED CREDIT.—If under subsection (a) for any taxable year ex- by this section shall apply to taxable years be- the credit allowable under subsection (a) ex- ceeds the limitation imposed by section 26(a) for ginning after December 31, 2011. ceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the SEC. 208. EXTENSION OF TAX-FREE DISTRIBU- such taxable year reduced by the sum of the credits allowable under this subpart (other than TIONS FROM INDIVIDUAL RETIRE- credits allowable under subpart A of part IV of MENT PLANS FOR CHARITABLE PUR- this section and sections 25D and 1400C), such subchapter A (other than this section and sec- POSES. excess shall be carried to the succeeding taxable tion 25D), such excess shall be carried to the (a) IN GENERAL.—Subparagraph (F) of section year and added to the credit allowable under succeeding taxable year and added to the credit 408(d)(8) is amended by striking ‘‘December 31, subsection (a) for such taxable year.’’. allowable under subsection (a) for such taxable 2011’’ and inserting ‘‘December 31, 2013’’. (iii) Section 23(c) is amended by redesignating year.’’. (b) EFFECTIVE DATE; SPECIAL RULE.— paragraph (3) as paragraph (2). (d) EFFECTIVE DATE.—The amendments made (1) EFFECTIVE DATE.—The amendment made (B) CHILD TAX CREDIT.— by this section shall apply to taxable years be- by this section shall apply to distributions made (i) Section 24(b) is amended by striking para- ginning after December 31, 2011. in taxable years beginning after December 31, graph (3). TITLE II—INDIVIDUAL TAX EXTENDERS 2011. (ii) Section 24(d)(1) is amended— (2) SPECIAL RULES.—For purposes of sub- (I) by striking ‘‘section 26(a)(2) or subsection SEC. 201. EXTENSION OF DEDUCTION FOR CER- TAIN EXPENSES OF ELEMENTARY sections (a)(6), (b)(3), and (d)(8) of section 408 of (b)(3), as the case may be,’’ each place it ap- the Internal Revenue Code of 1986, at the elec- pears in subparagraphs (A) and (B) and insert- AND SECONDARY SCHOOL TEACH- ERS. tion of the taxpayer (at such time and in such ing ‘‘section 26(a)’’, and (a) IN GENERAL.—Subparagraph (D) of section manner as prescribed by the Secretary of the (II) by striking ‘‘section 26(a)(2) or subsection 62(a)(2) is amended by striking ‘‘or 2011’’ and Treasury)— (b)(3), as the case may be’’ in the second last inserting ‘‘2011, 2012, or 2013’’. (A) any qualified charitable distribution made sentence and inserting ‘‘section 26(a)’’. (b) EFFECTIVE DATE.—The amendment made after December 31, 2012, and before February 1, (C) CREDIT FOR INTEREST ON CERTAIN HOME by this section shall apply to taxable years be- 2013, shall be deemed to have been made on De- MORTGAGES.—Section 25(e)(1)(C) is amended to ginning after December 31, 2011. cember 31, 2012, and read as follows: SEC. 202. EXTENSION OF EXCLUSION FROM (B) any portion of a distribution from an indi- ‘‘(C) APPLICABLE TAX LIMIT.—For purposes of GROSS INCOME OF DISCHARGE OF vidual retirement account to the taxpayer after this paragraph, the term ‘applicable tax limit’ QUALIFIED PRINCIPAL RESIDENCE November 30, 2012, and before January 1, 2013, means the limitation imposed by section 26(a) INDEBTEDNESS. may be treated as a qualified charitable dis- for the taxable year reduced by the sum of the (a) IN GENERAL.—Subparagraph (E) of section tribution to the extent that— credits allowable under this subpart (other than 108(a)(1) is amended by striking ‘‘January 1, (i) such portion is transferred in cash after this section and sections 23, 25D, and 1400C).’’. 2013’’ and inserting ‘‘January 1, 2014’’. the distribution to an organization described in (D) HOPE AND LIFETIME LEARNING CREDITS.— (b) EFFECTIVE DATE.—The amendment made section 408(d)(8)(B)(i) before February 1, 2013, Section 25A(i) is amended— by this section shall apply to indebtedness dis- and (i) by striking paragraph (5) and by redesig- charged after December 31, 2012. (ii) such portion is part of a distribution that nating paragraphs (6) and (7) as paragraphs (5) SEC. 203. EXTENSION OF PARITY FOR EXCLUSION would meet the requirements of section 408(d)(8) and (6), respectively, and FROM INCOME FOR EMPLOYER-PRO- but for the fact that the distribution was not (ii) by striking ‘‘section 26(a)(2) or paragraph VIDED MASS TRANSIT AND PARKING BENEFITS. transferred directly to an organization described (5), as the case may be’’ in paragraph (5), as re- in section 408(d)(8)(B)(i). designated by clause (i), and inserting ‘‘section (a) IN GENERAL.—Paragraph (2) of section SEC. 209. IMPROVE AND MAKE PERMANENT THE 26(a)’’. 132(f) is amended by striking ‘‘January 1, 2012’’ and inserting ‘‘January 1, 2014’’. PROVISION AUTHORIZING THE IN- (E) SAVERS’ CREDIT.—Section 25B is amended TERNAL REVENUE SERVICE TO DIS- by striking subsection (g). (b) EFFECTIVE DATE.—The amendment made by this section shall apply to months after De- CLOSE CERTAIN RETURN AND RE- (F) RESIDENTIAL ENERGY EFFICIENT PROP- TURN INFORMATION TO CERTAIN ERTY.—Section 25D(c) is amended to read as fol- cember 31, 2011. PRISON OFFICIALS. lows: SEC. 204. EXTENSION OF MORTGAGE INSURANCE (a) IN GENERAL.—Paragraph (10) of section PREMIUMS TREATED AS QUALIFIED ‘‘(c) CARRYFORWARD OF UNUSED CREDIT.—If 6103(k) is amended to read as follows: RESIDENCE INTEREST. the credit allowable under subsection (a) ex- ‘‘(10) DISCLOSURE OF CERTAIN RETURNS AND (a) IN GENERAL.—Subclause (I) of section ceeds the limitation imposed by section 26(a) for RETURN INFORMATION TO CERTAIN PRISON OFFI- 163(h)(3)(E)(iv) is amended by striking ‘‘Decem- such taxable year reduced by the sum of the CIALS.— ber 31, 2011’’ and inserting ‘‘December 31, 2013’’. ‘‘(A) IN GENERAL.—Under such procedures as credits allowable under this subpart (other than (b) TECHNICAL AMENDMENTS.—Clause (i) of the Secretary may prescribe, the Secretary may this section), such excess shall be carried to the section 163(h)(4)(E) is amended— succeeding taxable year and added to the credit (1) by striking ‘‘Veterans Administration’’ and disclose to officers and employees of the Federal allowable under subsection (a) for such suc- inserting ‘‘Department of Veterans Affairs’’, Bureau of Prisons and of any State agency ceeding taxable year.’’. and charged with the responsibility for administra- (G) CERTAIN PLUG-IN ELECTRIC VEHICLES.— (2) by striking ‘‘Rural Housing Administra- tion of prisons any returns or return informa- Section 30(c)(2) is amended to read as follows: tion’’ and inserting ‘‘Rural Housing Service’’. tion with respect to individuals incarcerated in ‘‘(2) PERSONAL CREDIT.—For purposes of this (c) EFFECTIVE DATE.—The amendments made Federal or State prison systems whom the Sec- title, the credit allowed under subsection (a) for by this section shall apply to amounts paid or retary has determined may have filed or facili- any taxable year (determined after application accrued after December 31, 2011. tated the filing of a false or fraudulent return to of paragraph (1)) shall be treated as a credit al- SEC. 205. EXTENSION OF DEDUCTION OF STATE the extent that the Secretary determines that lowable under subpart A for such taxable AND LOCAL GENERAL SALES TAXES. such disclosure is necessary to permit effective year.’’. (a) IN GENERAL.—Subparagraph (I) of section Federal tax administration. (H) ALTERNATIVE MOTOR VEHICLE CREDIT.— 164(b)(5) is amended by striking ‘‘January 1, ‘‘(B) DISCLOSURE TO CONTRACTOR-RUN PRIS- Section 30B(g)(2) is amended to read as follows: 2012’’ and inserting ‘‘January 1, 2014’’. ONS.—Under such procedures as the Secretary ‘‘(2) PERSONAL CREDIT.—For purposes of this (b) EFFECTIVE DATE.—The amendment made may prescribe, the disclosures authorized by title, the credit allowed under subsection (a) for by this section shall apply to taxable years be- subparagraph (A) may be made to contractors any taxable year (determined after application ginning after December 31, 2011. responsible for the operation of a Federal or

VerDate Mar 15 2010 04:42 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 6333 E:\CR\FM\A01JA7.019 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7540 CONGRESSIONAL RECORD — HOUSE January 1, 2013 State prison on behalf of such Bureau or agen- or incurred by the acquiring person during the ‘‘(i) in the case of the taxable year in which cy. measurement period shall be increased by the such disposition is made, an amount equal to ‘‘(C) RESTRICTIONS ON USE OF DISCLOSED IN- amount determined under clause (ii), and the the product of— FORMATION.—Any return or return information gross receipts of the acquiring person for such ‘‘(I) the qualified research expenses paid or received under this paragraph shall be used period shall be increased by the amount deter- incurred by, or gross receipts of, the predecessor only for the purposes of and to the extent nec- mined under clause (iii). with respect to the acquired business during the essary in taking administrative action to pre- ‘‘(ii) AMOUNT DETERMINED WITH RESPECT TO measurement period (as so defined and so deter- vent the filing of false and fraudulent returns, QUALIFIED RESEARCH EXPENSES.—The amount mined), and including administrative actions to address pos- determined under this clause is— ‘‘(II) the number of days in the period begin- sible violations of administrative rules and regu- ‘‘(I) for purposes of applying this section for ning on the date of acquisition (as determined lations of the prison facility and in administra- the taxable year in which such acquisition is for purposes of subparagraph (A)(iv)(II)) and tive and judicial proceedings arising from such made, the acquisition year amount, and ending on the last day of the taxable year of the administrative actions. ‘‘(II) for purposes of applying this section for predecessor in which the disposition is made, divided by the number of days in the taxable ‘‘(D) RESTRICTIONS ON REDISCLOSURE AND DIS- any taxable year after the taxable year in which year of the predecessor, and CLOSURE TO LEGAL REPRESENTATIVES.—Notwith- such acquisition is made, the qualified research ‘‘(ii) in the case of any taxable year ending standing subsection (h)— expenses paid or incurred by the predecessor after the taxable year in which such disposition ‘‘(i) RESTRICTIONS ON REDISCLOSURE.—Except with respect to the acquired business during the is made, the amount described in clause (i)(I).’’. as provided in clause (ii), any officer, employee, measurement period. (c) AGGREGATION OF EXPENDITURES.—Para- or contractor of the Federal Bureau of Prisons ‘‘(iii) AMOUNT DETERMINED WITH RESPECT TO graph (1) of section 41(f) is amended— or of any State agency charged with the respon- GROSS RECEIPTS.—The amount determined under (1) by striking ‘‘shall be its proportionate sibility for administration of prisons shall not this clause is the amount which would be deter- shares of the qualified research expenses, basic disclose any information obtained under this mined under clause (ii) if ‘the gross receipts of’ research payments, and amounts paid or in- paragraph to any person other than an officer were substituted for ‘the qualified research ex- curred to energy research consortiums, giving or employee or contractor of such Bureau or penses paid or incurred by’ each place it ap- rise to the credit’’ in subparagraph (A)(ii) and agency personally and directly engaged in the pears in clauses (ii) and (iv). inserting ‘‘shall be determined on a propor- administration of prison facilities on behalf of ‘‘(iv) ACQUISITION YEAR AMOUNT.—For pur- tionate basis to its share of the aggregate of the such Bureau or agency. poses of clause (ii), the acquisition year amount qualified research expenses, basic research pay- ‘‘(ii) DISCLOSURE TO LEGAL REPRESENTA- is the amount equal to the product of— ments, and amounts paid or incurred to energy TIVES.—The returns and return information dis- ‘‘(I) the qualified research expenses paid or research consortiums, taken into account by closed under this paragraph may be disclosed to incurred by the predecessor with respect to the such controlled group for purposes of this sec- the duly authorized legal representative of the acquired business during the measurement pe- tion’’, and Federal Bureau of Prisons, State agency, or riod, and (2) by striking ‘‘shall be its proportionate contractor charged with the responsibility for ‘‘(II) the number of days in the period begin- shares of the qualified research expenses, basic administration of prisons, or of the incarcerated ning on the date of the acquisition and ending research payments, and amounts paid or in- individual accused of filing the false or fraudu- on the last day of the taxable year in which the curred to energy research consortiums, giving lent return who is a party to an action or pro- acquisition is made, rise to the credit’’ in subparagraph (B)(ii) and ceeding described in subparagraph (C), solely in divided by the number of days in the acquiring inserting ‘‘shall be determined on a propor- preparation for, or for use in, such action or person’s taxable year. tionate basis to its share of the aggregate of the proceeding.’’. ‘‘(v) SPECIAL RULES FOR COORDINATING TAX- qualified research expenses, basic research pay- (b) CONFORMING AMENDMENTS.— ABLE YEARS.—In the case of an acquiring person ments, and amounts paid or incurred to energy (1) Paragraph (3) of section 6103(a) is amend- and a predecessor whose taxable years do not research consortiums, taken into account by all ed by inserting ‘‘subsection (k)(10),’’ after ‘‘sub- begin on the same date— such persons under common control for purposes section (e)(1)(D)(iii),’’. ‘‘(I) each reference to a taxable year in of this section’’. (2) Paragraph (4) of section 6103(p) is amend- clauses (ii) and (iv) shall refer to the appro- (d) EFFECTIVE DATE.— (1) EXTENSION.—The amendments made by ed— priate taxable year of the acquiring person, (A) by inserting ‘‘subsection (k)(10),’’ before subsection (a) shall apply to amounts paid or ‘‘(II) the qualified research expenses paid or incurred after December 31, 2011. ‘‘subsection (l)(10),’’ in the matter preceding incurred by the predecessor, and the gross re- subparagraph (A), (2) MODIFICATIONS.—The amendments made ceipts of the predecessor, during each taxable by subsections (b) and (c) shall apply to taxable (B) in subparagraph (F)(i)— year of the predecessor any portion of which is (i) by inserting ‘‘(k)(10),’’ before ‘‘or (l)(6),’’, years beginning after December 31, 2011. part of the measurement period shall be allo- SEC. 302. EXTENSION OF TEMPORARY MINIMUM and cated equally among the days of such taxable (ii) by inserting ‘‘subsection (k)(10) or’’ before LOW-INCOME TAX CREDIT RATE FOR year, NON-FEDERALLY SUBSIDIZED NEW ‘‘subsection (l)(10),’’, and ‘‘(III) the amount of such qualified research BUILDINGS. (C) by inserting ‘‘subsection (k)(10) or’’ before expenses taken into account under clauses (ii) (a) IN GENERAL.—Subparagraph (A) of section ‘‘subsection (l)(10),’’ both places it appears in and (iv) with respect to a taxable year of the ac- 42(b)(2) is amended by striking ‘‘and before De- the matter following subparagraph (F)(iii). quiring person shall be equal to the total of the cember 31, 2013’’ and inserting ‘‘with respect to (3) Paragraph (2) of section 7213(a) is amend- expenses attributable under subclause (II) to the housing credit dollar amount allocations made ed by inserting ‘‘(k)(10),’’ before ‘‘(l)(6),’’. days occurring during such taxable year, and before January 1, 2014’’. (c) EFFECTIVE DATE.—The amendments made ‘‘(IV) the amount of such gross receipts taken (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on the date of into account under clause (iii) with respect to a by this section shall take effect on the date of the enactment of this Act. taxable year of the acquiring person shall be the enactment of this Act. TITLE III—BUSINESS TAX EXTENDERS equal to the total of the gross receipts attrib- SEC. 303. EXTENSION OF HOUSING ALLOWANCE SEC. 301. EXTENSION AND MODIFICATION OF RE- utable under subclause (II) to the days occur- EXCLUSION FOR DETERMINING SEARCH CREDIT. ring during such taxable year. AREA MEDIAN GROSS INCOME FOR QUALIFIED RESIDENTIAL RENTAL EASUREMENT PERIOD (a) EXTENSION.— ‘‘(vi) M .—For purposes of PROJECT EXEMPT FACILITY BONDS. (1) IN GENERAL.—Subparagraph (B) of section this subparagraph, the term ‘measurement pe- (a) IN GENERAL.—Subsection (b) of section 41(h)(1) is amended by striking ‘‘December 31, riod’ means, with respect to the taxable year of 3005 of the Housing Assistance Tax Act of 2008 2011’’ and inserting ‘‘December 31, 2013’’. the acquiring person for which the credit is de- is amended by striking ‘‘January 1, 2012’’ each (2) CONFORMING AMENDMENT.—Subparagraph termined, any period of the acquiring person place it appears and inserting ‘‘January 1, (D) of section 45C(b)(1) is amended by striking preceding such taxable year which is taken into 2014’’. ‘‘December 31, 2011’’ and inserting ‘‘December account for purposes of determining the credit (b) EFFECTIVE DATE.—The amendment made 31, 2013’’. for such year.’’. by this section shall take effect as if included in (b) INCLUSION OF QUALIFIED RESEARCH EX- (2) EXPENSES AND GROSS RECEIPTS OF A PREDE- the enactment of section 3005 of the Housing As- PENSES AND GROSS RECEIPTS OF AN ACQUIRED CESSOR.—Subparagraph (B) of section 41(f)(3) is sistance Tax Act of 2008. PERSON.— amended to read as follows: SEC. 304. EXTENSION OF INDIAN EMPLOYMENT (1) PARTIAL INCLUSION OF PRE-ACQUISITION ‘‘(B) DISPOSITIONS.—If the predecessor fur- TAX CREDIT. QUALIFIED RESEARCH EXPENSES AND GROSS RE- nished to the acquiring person such information (a) IN GENERAL.—Subsection (f) of section 45A CEIPTS.—Subparagraph (A) of section 41(f)(3) is as is necessary for the application of subpara- is amended by striking ‘‘December 31, 2011’’ and amended to read as follows: graph (A), then, for purposes of applying this inserting ‘‘December 31, 2013’’. ‘‘(A) ACQUISITIONS.— section for any taxable year ending after such (b) EFFECTIVE DATE.—The amendment made ‘‘(i) IN GENERAL.—If a person acquires the disposition, the amount of qualified research ex- by this section shall apply to taxable years be- major portion of either a trade or business or a penses paid or incurred by, and the gross re- ginning after December 31, 2011. separate unit of a trade or business (hereinafter ceipts of, the predecessor during the measure- SEC. 305. EXTENSION OF NEW MARKETS TAX in this paragraph referred to as the ‘acquired ment period (as defined in subparagraph (A)(vi), CREDIT. business’) of another person (hereinafter in this determined by substituting ‘predecessor’ for ‘ac- (a) IN GENERAL.—Subparagraph (G) of section paragraph referred to as the ‘predecessor’), then quiring person’ each place it appears) shall be 45D(f)(1) is amended by striking ‘‘2010 and 2011’’ the amount of qualified research expenses paid reduced by— and inserting ‘‘2010, 2011, 2012, and 2013’’.

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(b) CARRYOVER OF UNUSED LIMITATION.— (b) EFFECTIVE DATE.—The amendment made SEC. 319. EXTENSION OF MODIFICATION OF TAX Paragraph (3) of section 45D(f) is amended by by this section shall apply to contributions made TREATMENT OF CERTAIN PAYMENTS striking ‘‘2016’’ and inserting ‘‘2018’’. after December 31, 2011. TO CONTROLLING EXEMPT ORGANI- ZATIONS. (c) EFFECTIVE DATE.—The amendments made SEC. 315. EXTENSION OF INCREASED EXPENSING (a) IN GENERAL.—Clause (iv) of section by this section shall apply to calendar years be- LIMITATIONS AND TREATMENT OF ginning after December 31, 2011. CERTAIN REAL PROPERTY AS SEC- 512(b)(13)(E) is amended by striking ‘‘December 31, 2011’’ and inserting ‘‘December 31, 2013’’. SEC. 306. EXTENSION OF RAILROAD TRACK MAIN- TION 179 PROPERTY. (b) EFFECTIVE DATE.—The amendment made TENANCE CREDIT. (a) IN GENERAL.— by this section shall apply to payments received (a) IN GENERAL.—Subsection (f) of section 45G (1) DOLLAR LIMITATION.—Section 179(b)(1) is or accrued after December 31, 2011. is amended by striking ‘‘January 1, 2012’’ and amended— inserting ‘‘January 1, 2014’’. (A) by striking ‘‘2010 or 2011,’’ in subpara- SEC. 320. EXTENSION OF TREATMENT OF CER- TAIN DIVIDENDS OF REGULATED IN- (b) EFFECTIVE DATE.—The amendment made graph (B) and inserting ‘‘2010, 2011, 2012, or VESTMENT COMPANIES. by this section shall apply to expenditures paid 2013, and’’, (a) IN GENERAL.—Paragraphs (1)(C)(v) and or incurred in taxable years beginning after De- (B) by striking subparagraph (C), (2)(C)(v) of section 871(k) are each amended by cember 31, 2011. (C) by redesignating subparagraph (D) as sub- striking ‘‘December 31, 2011’’ and inserting ‘‘De- paragraph (C), and SEC. 307. EXTENSION OF MINE RESCUE TEAM cember 31, 2013’’. TRAINING CREDIT. (D) in subparagraph (C), as so redesignated, (b) EFFECTIVE DATE.—The amendments made (a) IN GENERAL.—Subsection (e) of section 45N by striking ‘‘2012’’ and inserting ‘‘2013’’. by this section shall apply to taxable years be- is amended by striking ‘‘December 31, 2011’’ and (2) REDUCTION IN LIMITATION.—Section ginning after December 31, 2011. inserting ‘‘December 31, 2013’’. 179(b)(2) is amended— SEC. 321. EXTENSION OF RIC QUALIFIED INVEST- (b) EFFECTIVE DATE.—The amendment made (A) by striking ‘‘2010 or 2011,’’ in subpara- MENT ENTITY TREATMENT UNDER by this section shall apply to taxable years be- graph (B) and inserting ‘‘2010, 2011, 2012, or FIRPTA. ginning after December 31, 2011. 2013, and’’, (a) IN GENERAL.—Clause (ii) of section SEC. 308. EXTENSION OF EMPLOYER WAGE CRED- (B) by striking subparagraph (C), 897(h)(4)(A) is amended by striking ‘‘December IT FOR EMPLOYEES WHO ARE AC- (C) by redesignating subparagraph (D) as sub- 31, 2011’’ and inserting ‘‘December 31, 2013’’. TIVE DUTY MEMBERS OF THE UNI- paragraph (C), and (b) EFFECTIVE DATE.— FORMED SERVICES. (D) in subparagraph (C), as so redesignated, (1) IN GENERAL.—The amendment made by (a) IN GENERAL.—Subsection (f) of section 45P by striking ‘‘2012’’ and inserting ‘‘2013’’. subsection (a) shall take effect on January 1, is amended by striking ‘‘December 31, 2011’’ and (3) CONFORMING AMENDMENT.—Subsection (b) 2012. Notwithstanding the preceding sentence, inserting ‘‘December 31, 2013’’. of section 179 is amended by striking paragraph such amendment shall not apply with respect to (b) EFFECTIVE DATE.—The amendment made (6). the withholding requirement under section 1445 by this section shall apply to payments made (b) COMPUTER SOFTWARE.—Section of the Internal Revenue Code of 1986 for any after December 31, 2011. 179(d)(1)(A)(ii) is amended by striking ‘‘2013’’ payment made before the date of the enactment SEC. 309. EXTENSION OF WORK OPPORTUNITY and inserting ‘‘2014’’. of this Act. TAX CREDIT. (c) ELECTION.—Section 179(c)(2) is amended by (2) AMOUNTS WITHHELD ON OR BEFORE DATE (a) IN GENERAL.—Subparagraph (B) of section striking ‘‘2013’’ and inserting ‘‘2014’’. OF ENACTMENT.—In the case of a regulated in- 51(c)(4) is amended by striking ‘‘after’’ and all (d) SPECIAL RULES FOR TREATMENT OF QUALI- vestment company— that follows and inserting ‘‘after December 31, FIED REAL PROPERTY.— (A) which makes a distribution after December 2013’’. (1) IN GENERAL.—Section 179(f)(1) is amended 31, 2011, and before the date of the enactment of (b) EFFECTIVE DATE.—The amendment made by striking ‘‘2010 or 2011’’ and inserting ‘‘2010, this Act; and by this section shall apply to individuals who 2011, 2012, or 2013’’. (B) which would (but for the second sentence begin work for the employer after December 31, (2) CARRYOVER LIMITATION.— of paragraph (1)) have been required to with- 2011. (A) IN GENERAL.—Section 179(f)(4) is amended hold with respect to such distribution under sec- SEC. 310. EXTENSION OF QUALIFIED ZONE ACAD- by striking ‘‘2011’’ each place it appears and in- tion 1445 of such Code, EMY BONDS. serting ‘‘2013’’. such investment company shall not be liable to (a) IN GENERAL.—Paragraph (1) of section (B) CONFORMING AMENDMENT.—Subparagraph any person to whom such distribution was made 54E(c) is amended by inserting ‘‘, 2012, and (C) of section 179(f)(4) is amended— for any amount so withheld and paid over to 2013’’ after ‘‘for 2011’’. (i) in the heading, by striking ‘‘2010’’ and in- the Secretary of the Treasury. (b) EFFECTIVE DATE.—The amendments made serting ‘‘2010, 2011 AND 2012’’, and SEC. 322. EXTENSION OF SUBPART F EXCEPTION by this section shall apply to obligations issued (ii) by adding at the end the following: ‘‘For FOR ACTIVE FINANCING INCOME. after December 31, 2011. the last taxable year beginning in 2013, the (a) EXEMPT INSURANCE INCOME.—Paragraph SEC. 311. EXTENSION OF 15-YEAR STRAIGHT-LINE amount determined under subsection (b)(3)(A) (10) of section 953(e) is amended— COST RECOVERY FOR QUALIFIED for such taxable year shall be determined with- (1) by striking ‘‘January 1, 2012’’ and insert- LEASEHOLD IMPROVEMENTS, QUALI- out regard to this paragraph.’’. ing ‘‘January 1, 2014’’, and FIED RESTAURANT BUILDINGS AND (e) EFFECTIVE DATE.—The amendments made (2) by striking ‘‘December 31, 2011’’ and insert- IMPROVEMENTS, AND QUALIFIED ing ‘‘December 31, 2013’’. RETAIL IMPROVEMENTS. by this section shall apply to taxable years be- (b) SPECIAL RULE FOR INCOME DERIVED IN THE N ENERAL ginning after December 31, 2011. (a) I G .—Clauses (iv), (v), and (ix) of ACTIVE CONDUCT OF BANKING, FINANCING, OR section 168(e)(3)(E) are each amended by strik- SEC. 316. EXTENSION OF ELECTION TO EXPENSE MINE SAFETY EQUIPMENT. SIMILAR BUSINESSES.—Paragraph (9) of section ing ‘‘January 1, 2012’’ and inserting ‘‘January 954(h) is amended by striking ‘‘January 1, 2012’’ (a) IN GENERAL.—Subsection (g) of section 1, 2014’’. and inserting ‘‘January 1, 2014’’. 179E is amended by striking ‘‘December 31, 2011’’ (b) EFFECTIVE DATE.—The amendments made (c) EFFECTIVE DATE.—The amendments made and inserting ‘‘December 31, 2013’’. by this section shall apply to property placed in by this section shall apply to taxable years of (b) EFFECTIVE DATE.—The amendment made service after December 31, 2011. foreign corporations beginning after December by this section shall apply to property placed in SEC. 312. EXTENSION OF 7-YEAR RECOVERY PE- 31, 2011, and to taxable years of United States service after December 31, 2011. RIOD FOR MOTORSPORTS ENTER- shareholders with or within which any such TAINMENT COMPLEXES. SEC. 317. EXTENSION OF SPECIAL EXPENSING taxable year of such foreign corporation ends. (a) IN GENERAL.—Subparagraph (D) of section RULES FOR CERTAIN FILM AND TEL- EVISION PRODUCTIONS. SEC. 323. EXTENSION OF LOOK-THRU TREATMENT 168(i)(15) is amended by striking ‘‘December 31, OF PAYMENTS BETWEEN RELATED 2011’’ and inserting ‘‘December 31, 2013’’. (a) IN GENERAL.—Subsection (f) of section 181 CONTROLLED FOREIGN CORPORA- (b) EFFECTIVE DATE.—The amendment made is amended by striking ‘‘December 31, 2011’’ and TIONS UNDER FOREIGN PERSONAL by this section shall apply to property placed in inserting ‘‘December 31, 2013’’. HOLDING COMPANY RULES. service after December 31, 2011. (b) EFFECTIVE DATE.—The amendment made (a) IN GENERAL.—Subparagraph (C) of section SEC. 313. EXTENSION OF ACCELERATED DEPRE- by this section shall apply to productions com- 954(c)(6) is amended by striking ‘‘January 1, CIATION FOR BUSINESS PROPERTY mencing after December 31, 2011. 2012’’ and inserting ‘‘January 1, 2014’’. ON AN INDIAN RESERVATION. SEC. 318. EXTENSION OF DEDUCTION ALLOWABLE (b) EFFECTIVE DATE.—The amendment made (a) IN GENERAL.—Paragraph (8) of section WITH RESPECT TO INCOME ATTRIB- by this section shall apply to taxable years of 168(j) is amended by striking ‘‘December 31, UTABLE TO DOMESTIC PRODUCTION foreign corporations beginning after December 2011’’ and inserting ‘‘December 31, 2013’’. ACTIVITIES IN PUERTO RICO. 31, 2011, and to taxable years of United States (b) EFFECTIVE DATE.—The amendment made (a) IN GENERAL.—Subparagraph (C) of section shareholders with or within which such taxable by this section shall apply to property placed in 199(d)(8) is amended— years of foreign corporations end. service after December 31, 2011. (1) by striking ‘‘first 6 taxable years’’ and in- SEC. 324. EXTENSION OF TEMPORARY EXCLUSION SEC. 314. EXTENSION OF ENHANCED CHARITABLE serting ‘‘first 8 taxable years’’, and OF 100 PERCENT OF GAIN ON CER- DEDUCTION FOR CONTRIBUTIONS (2) by striking ‘‘January 1, 2012’’ and insert- TAIN SMALL BUSINESS STOCK. OF FOOD INVENTORY. ing ‘‘January 1, 2014’’. (a) IN GENERAL.—Paragraph (4) of section (a) IN GENERAL.—Clause (iv) of section (b) EFFECTIVE DATE.—The amendments made 1202(a) is amended— 170(e)(3)(C) is amended by striking ‘‘December by this section shall apply to taxable years be- (1) by striking ‘‘January 1, 2012’’ and insert- 31, 2011’’ and inserting ‘‘December 31, 2013’’. ginning after December 31, 2011. ing ‘‘January 1, 2014’’, and

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(2) by striking ‘‘AND 2011’’ and inserting ‘‘, (c) TREATMENT OF CERTAIN TERMINATION SEC. 331. EXTENSION AND MODIFICATION OF 2011, 2012, AND 2013’’ in the heading thereof. DATES SPECIFIED IN NOMINATIONS.—In the case BONUS DEPRECIATION. (b) TECHNICAL AMENDMENTS.— of a designation of an empowerment zone the (a) IN GENERAL.—Paragraph (2) of section (1) SPECIAL RULE FOR 2009 AND CERTAIN PERIOD nomination for which included a termination 168(k) is amended— IN 2010.—Paragraph (3) of section 1202(a) is date which is contemporaneous with the date (1) by striking ‘‘January 1, 2014’’ in subpara- amended by adding at the end the following specified in subparagraph (A)(i) of section graph (A)(iv) and inserting ‘‘January 1, 2015’’, new flush sentence: 1391(d)(1) of the Internal Revenue Code of 1986 and ‘‘In the case of any stock which would be de- (as in effect before the enactment of this Act), (2) by striking ‘‘January 1, 2013’’ each place it scribed in the preceding sentence (but for this subparagraph (B) of such section shall not appears and inserting ‘‘January 1, 2014’’. sentence), the acquisition date for purposes of apply with respect to such designation if, after (b) SPECIAL RULE FOR FEDERAL LONG-TERM this subsection shall be the first day on which the date of the enactment of this section, the en- CONTRACTS.—Clause (ii) of section 460(c)(6)(B) such stock was held by the taxpayer determined tity which made such nomination amends the is amended by inserting ‘‘, or after December 31, after the application of section 1223.’’. nomination to provide for a new termination 2012, and before January 1, 2014 (January 1, (2) 100 PERCENT EXCLUSION.—Paragraph (4) of date in such manner as the Secretary of the 2015, in the case of property described in section section 1202(a) is amended by adding at the end Treasury (or the Secretary’s designee) may pro- 168(k)(2)(B))’’ before the period. the following new flush sentence: vide. (c) EXTENSION OF ELECTION TO ACCELERATE ‘‘In the case of any stock which would be de- (d) EFFECTIVE DATE.—The amendments made THE AMT CREDIT IN LIEU OF BONUS DEPRECIA- scribed in the preceding sentence (but for this by this section shall apply to periods after De- TION.— sentence), the acquisition date for purposes of cember 31, 2011. (1) IN GENERAL.—Subclause (II) of section this subsection shall be the first day on which SEC. 328. EXTENSION OF TAX-EXEMPT FINANCING 168(k)(4)(D)(iii) is amended by striking ‘‘2013’’ such stock was held by the taxpayer determined FOR NEW YORK LIBERTY ZONE. and inserting ‘‘2014’’. after the application of section 1223.’’. (a) IN GENERAL.—Subparagraph (D) of section (2) ROUND 3 EXTENSION PROPERTY.—Para- (c) EFFECTIVE DATES.— 1400L(d)(2) is amended by striking ‘‘January 1, graph (4) of section 168(k) is amended by adding (1) IN GENERAL.—The amendments made by 2012’’ and inserting ‘‘January 1, 2014’’. at the end the following new subparagraph: subsection (a) shall apply to stock acquired (b) EFFECTIVE DATE.—The amendment made ‘‘(J) SPECIAL RULES FOR ROUND 3 EXTENSION after December 31, 2011. by this section shall apply to bonds issued after PROPERTY.— (2) SUBSECTION (b)(1).—The amendment made December 31, 2011. ‘‘(i) IN GENERAL.—In the case of round 3 ex- by subsection (b)(1) shall take effect as if in- SEC. 329. EXTENSION OF TEMPORARY INCREASE tension property, this paragraph shall be ap- cluded in section 1241(a) of division B of the IN LIMIT ON COVER OVER OF RUM plied without regard to— American Recovery and Reinvestment Act of EXCISE TAXES TO PUERTO RICO AND ‘‘(I) the limitation described in subparagraph 2009. THE VIRGIN ISLANDS. (B)(i) thereof, and (3) SUBSECTION (b)(2).—The amendment made (a) IN GENERAL.—Paragraph (1) of section ‘‘(II) the business credit increase amount by subsection (b)(2) shall take effect as if in- 7652(f) is amended by striking ‘‘January 1, 2012’’ under subparagraph (E)(iii) thereof. cluded in section 2011(a) of the Creating Small and inserting ‘‘January 1, 2014’’. ‘‘(ii) TAXPAYERS PREVIOUSLY ELECTING ACCEL- Business Jobs Act of 2010. (b) EFFECTIVE DATE.—The amendment made ERATION.—In the case of a taxpayer who made SEC. 325. EXTENSION OF BASIS ADJUSTMENT TO by this section shall apply to distilled spirits the election under subparagraph (A) for its first STOCK OF S CORPORATIONS MAKING brought into the United States after December taxable year ending after March 31, 2008, a tax- CHARITABLE CONTRIBUTIONS OF 31, 2011. payer who made the election under subpara- PROPERTY. SEC. 330. MODIFICATION AND EXTENSION OF graph (H)(ii) for its first taxable year ending (a) IN GENERAL.—Paragraph (2) of section AMERICAN SAMOA ECONOMIC DE- after December 31, 2008, or a taxpayer who made 1367(a) is amended by striking ‘‘December 31, VELOPMENT CREDIT. the election under subparagraph (I)(iii) for its 2011’’ and inserting ‘‘December 31, 2013’’. (a) MODIFICATION.— first taxable year ending after December 31, (b) EFFECTIVE DATE.—The amendment made (1) IN GENERAL.—Subsection (a) of section 119 2010— by this section shall apply to contributions made of division A of the Tax Relief and Health Care ‘‘(I) the taxpayer may elect not to have this in taxable years beginning after December 31, Act of 2006 is amended by striking ‘‘if such cor- paragraph apply to round 3 extension property, 2011. poration’’ and all that follows and inserting but SEC. 326. EXTENSION OF REDUCTION IN S-COR- ‘‘if— ‘‘(II) if the taxpayer does not make the elec- PORATION RECOGNITION PERIOD ‘‘(1) in the case of a taxable year beginning tion under subclause (I), in applying this para- FOR BUILT-IN GAINS TAX. before January 1, 2012, such corporation— graph to the taxpayer the bonus depreciation (a) IN GENERAL.—Paragraph (7) of section ‘‘(A) is an existing credit claimant with re- amount, maximum amount, and maximum in- 1374(d) is amended— spect to American Samoa, and crease amount shall be computed and applied to (1) by redesignating subparagraph (C) as sub- ‘‘(B) elected the application of section 936 of eligible qualified property which is round 3 ex- paragraph (D), and the Internal Revenue Code of 1986 for its last tension property. (2) by inserting after subparagraph (B) the taxable year beginning before January 1, 2006, The amounts described in subclause (II) shall be following new subparagraph: and ‘‘(C) SPECIAL RULE FOR 2012 AND 2013.—For ‘‘(2) in the case of a taxable year beginning computed separately from any amounts com- purposes of determining the net recognized after December 31, 2011, such corporation meets puted with respect to eligible qualified property built-in gain for taxable years beginning in 2012 the requirements of subsection (e).’’. which is not round 3 extension property. or 2013, subparagraphs (A) and (D) shall be ap- (2) REQUIREMENTS.—Section 119 of division A ‘‘(iii) TAXPAYERS NOT PREVIOUSLY ELECTING plied by substituting ‘5-year’ for ‘10-year’.’’, of such Act is amended by adding at the end the ACCELERATION.—In the case of a taxpayer who and following new subsection: neither made the election under subparagraph (3) by adding at the end the following new ‘‘(e) QUALIFIED PRODUCTION ACTIVITIES IN- (A) for its first taxable year ending after March subparagraph: COME REQUIREMENT.—A corporation meets the 31, 2008, nor made the election under subpara- ‘‘(E) INSTALLMENT SALES.—If an S corporation requirement of this subsection if such corpora- graph (H)(ii) for its first taxable year ending sells an asset and reports the income from the tion has qualified production activities income, after December 31, 2008, nor made the election sale using the installment method under section as defined in subsection (c) of section 199 of the under subparagraph (I)(iii) for any taxable year 453, the treatment of all payments received shall Internal Revenue Code of 1986, determined by ending after December 31, 2010— be governed by the provisions of this paragraph substituting ‘American Samoa’ for ‘the United ‘‘(I) the taxpayer may elect to have this para- applicable to the taxable year in which such States’ each place it appears in paragraphs (3), graph apply to its first taxable year ending after sale was made.’’. (4), and (6) of such subsection (c), for the tax- December 31, 2012, and each subsequent taxable (b) TECHNICAL AMENDMENT.—Subparagraph able year.’’. year, and (B) of section 1374(d)(2) is amended by inserting (b) EXTENSION.—Subsection (d) of section 119 ‘‘(II) if the taxpayer makes the election under ‘‘described in subparagraph (A)’’ after ‘‘, for of division A of the Tax Relief and Health Care subclause (I), this paragraph shall only apply to any taxable year’’. Act of 2006 is amended by striking ‘‘shall apply’’ eligible qualified property which is round 3 ex- (c) EFFECTIVE DATE.—The amendments made and all that follows and inserting ‘‘shall tension property. by this section shall apply to taxable years be- apply— ‘‘(iv) ROUND 3 EXTENSION PROPERTY.—For ginning after December 31, 2011. ‘‘(1) in the case of a corporation that meets purposes of this subparagraph, the term ‘round SEC. 327. EXTENSION OF EMPOWERMENT ZONE the requirements of subparagraphs (A) and (B) 3 extension property’ means property which is TAX INCENTIVES. of subsection (a)(1), to the first 8 taxable years eligible qualified property solely by reason of (a) IN GENERAL.—Clause (i) of section of such corporation which begin after December the extension of the application of the special 1391(d)(1)(A) is amended by striking ‘‘December 31, 2006, and before January 1, 2014, and allowance under paragraph (1) pursuant to the 31, 2011’’ and inserting ‘‘December 31, 2013’’. ‘‘(2) in the case of a corporation that does not amendments made by section 331(a) of the Amer- (b) INCREASED EXCLUSION OF GAIN ON STOCK meet the requirements of subparagraphs (A) and ican Taxpayer Relief Act of 2012 (and the appli- OF EMPOWERMENT ZONE BUSINESSES.—Subpara- (B) of subsection (a)(1), to the first 2 taxable cation of such extension to this paragraph pur- graph (C) of section 1202(a)(2) is amended— years of such corporation which begin after De- suant to the amendment made by section (1) by striking ‘‘December 31, 2016’’ and insert- cember 31, 2011, and before January 1, 2014.’’. 331(c)(1) of such Act).’’. ing ‘‘December 31, 2018’’; and (c) EFFECTIVE DATE.—The amendments made (d) NORMALIZATION RULES AMENDMENT.— (2) by striking ‘‘2016’’ in the heading and in- by this section shall apply to taxable years be- Clause (ii) of section 168(i)(9)(A) is amended by serting ‘‘2018’’. ginning after December 31, 2011. inserting ‘‘(respecting all elections made by the

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(2) The heading for clause (ii) of section (c) EFFECTIVE DATE.—The amendments made SEC. 405. EXTENSION OF INCENTIVES FOR BIO- 168(k)(2)(B) is amended by striking ‘‘PRE-JANU- by this section shall apply to vehicles acquired DIESEL AND RENEWABLE DIESEL. ARY 1, 2013’’ and inserting ‘‘PRE-JANUARY 1, 2014’’. after December 31, 2011. (a) CREDITS FOR BIODIESEL AND RENEWABLE (3) Subparagraph (C) of section 168(n)(2) is SEC. 404. EXTENSION AND MODIFICATION OF DIESEL USED AS FUEL.—Subsection (g) of section amended by striking ‘‘January 1, 2013’’ and in- CELLULOSIC BIOFUEL PRODUCER 40A is amended by striking ‘‘December 31, 2011’’ serting ‘‘January 1, 2014’’. CREDIT. and inserting ‘‘December 31, 2013’’. (4) Subparagraph (D) of section 1400L(b)(2) is (a) EXTENSION.— (b) EXCISE TAX CREDITS AND OUTLAY PAY- amended by striking ‘‘January 1, 2013’’ and in- (1) IN GENERAL.—Subparagraph (H) of section MENTS FOR BIODIESEL AND RENEWABLE DIESEL serting ‘‘January 1, 2014’’. 40(b)(6) is amended to read as follows: FUEL MIXTURES.— (5) Subparagraph (B) of section 1400N(d)(3) is ‘‘(H) APPLICATION OF PARAGRAPH.— (1) Paragraph (6) of section 6426(c) is amended amended by striking ‘‘January 1, 2013’’ and in- ‘‘(i) IN GENERAL.—This paragraph shall apply by striking ‘‘December 31, 2011’’ and inserting serting ‘‘January 1, 2014’’. with respect to qualified cellulosic biofuel pro- ‘‘December 31, 2013’’. duction after December 31, 2008, and before Jan- (f) EFFECTIVE DATE.—The amendments made (2) Subparagraph (B) of section 6427(e)(6) is by this section shall apply to property placed in uary 1, 2014. amended by striking ‘‘December 31, 2011’’ and ‘‘(ii) NO CARRYOVER TO CERTAIN YEARS AFTER service after December 31, 2012, in taxable years inserting ‘‘December 31, 2013’’. EXPIRATION.—If this paragraph ceases to apply ending after such date. (c) EFFECTIVE DATE.—The amendments made for any period by reason of clause (i), rules simi- by this section shall apply to fuel sold or used TITLE IV—ENERGY TAX EXTENDERS lar to the rules of subsection (e)(2) shall after December 31, 2011. SEC. 401. EXTENSION OF CREDIT FOR ENERGY-EF- apply.’’. SEC. 406. EXTENSION OF PRODUCTION CREDIT FICIENT EXISTING HOMES. (2) CONFORMING AMENDMENT.—Paragraph (2) FOR INDIAN COAL FACILITIES (a) IN GENERAL.—Paragraph (2) of section of section 40(e) is amended by striking ‘‘or sub- PLACED IN SERVICE BEFORE 2009. 25C(g) is amended by striking ‘‘December 31, section (b)(6)(H)’’. (a) IN GENERAL.—Subparagraph (A) of section 2011’’ and inserting ‘‘December 31, 2013’’. (3) EFFECTIVE DATE.—The amendments made 45(e)(10) is amended by striking ‘‘7-year period’’ (b) EFFECTIVE DATE.—The amendment made by this subsection shall take effect as if included each place it appears and inserting ‘‘8-year pe- by this section shall apply to property placed in in section 15321(b) of the Heartland, Habitat, riod’’. service after December 31, 2011. and Horticulture Act of 2008. (b) EFFECTIVE DATE.—The amendment made SEC. 402. EXTENSION OF CREDIT FOR ALTER- (b) ALGAE TREATED AS A QUALIFIED FEED- by this section shall apply to coal produced NATIVE FUEL VEHICLE REFUELING STOCK.— after December 31, 2012. (1) IN GENERAL.—Subclause (I) of section PROPERTY. SEC. 407. EXTENSION AND MODIFICATION OF (a) IN GENERAL.—Paragraph (2) of section 40(b)(6)(E)(i) is amended to read as follows: CREDITS WITH RESPECT TO FACILI- 30C(g) is amended by striking ‘‘December 31, ‘‘(I) is derived by, or from, qualified feed- TIES PRODUCING ENERGY FROM 2011.’’ and inserting ‘‘December 31, 2013’’. stocks, and’’. CERTAIN RENEWABLE RESOURCES. (b) EFFECTIVE DATE.—The amendment made (2) QUALIFIED FEEDSTOCK; SPECIAL RULES FOR (a) PRODUCTION TAX CREDIT.— by this section shall apply to property placed in ALGAE.—Paragraph (6) of section 40(b) is (1) EXTENSION FOR WIND FACILITIES.—Para- service after December 31, 2011. amended by redesignating subparagraphs (F), graph (1) of section 45(d) is amended by striking (G), and (H), as amended by this Act, as sub- SEC. 403. EXTENSION OF CREDIT FOR 2- OR 3- ‘‘January 1, 2013’’ and inserting ‘‘January 1, WHEELED PLUG-IN ELECTRIC VEHI- paragraphs (H), (I), and (J), respectively, and 2014’’. CLES. by inserting after subparagraph (E) the fol- (2) EXCLUSION OF PAPER WHICH IS COMMONLY (a) IN GENERAL.—Section 30D is amended by lowing new subparagraphs: RECYCLED FROM DEFINITION OF MUNICIPAL SOLID adding at the end the following new subsection: ‘‘(F) QUALIFIED FEEDSTOCK.—For purposes of WASTE.—Section 45(c)(6) is amended by inserting ‘‘(g) CREDIT ALLOWED FOR 2- AND 3-WHEELED this paragraph, the term ‘qualified feedstock’ ‘‘, except that such term does not include paper PLUG-IN ELECTRIC VEHICLES.— means— which is commonly recycled and which has been ‘‘(1) IN GENERAL.—In the case of a qualified 2- ‘‘(i) any lignocellulosic or hemicellulosic mat- segregated from other solid waste (as so de- or 3-wheeled plug-in electric vehicle— ter that is available on a renewable or recurring fined)’’ after ‘‘(42 U.S.C. 6903)’’. ‘‘(A) there shall be allowed as a credit against basis, and (3) MODIFICATION TO DEFINITION OF QUALIFIED the tax imposed by this chapter for the taxable ‘‘(ii) any cultivated algae, cyanobacteria, or FACILITY.— year an amount equal to the sum of the applica- lemna. (A) IN GENERAL.—The following provisions of ‘‘(G) SPECIAL RULES FOR ALGAE.—In the case ble amount with respect to each such qualified section 45(d), as amended by paragraph (1), are of fuel which is derived by, or from, feedstock 2- or 3-wheeled plug-in electric vehicle placed in each amended by striking ‘‘before January 1, described in subparagraph (F)(ii) and which is service by the taxpayer during the taxable year, 2014’’ and inserting ‘‘the construction of which sold by the taxpayer to another person for refin- and begins before January 1, 2014’’: ing by such other person into a fuel which meets ‘‘(B) the amount of the credit allowed under (i) Paragraph (1). the requirements of subparagraph (E)(i)(II) and subparagraph (A) shall be treated as a credit al- (ii) Paragraph (2)(A)(i). the refined fuel is not excluded under subpara- lowed under subsection (a). (iii) Paragraph (3)(A)(i)(I). graph (E)(iii)— (iv) Paragraph (6). ‘‘(2) APPLICABLE AMOUNT.—For purposes of ‘‘(i) such sale shall be treated as described in (v) Paragraph (7). paragraph (1), the applicable amount is an subparagraph (C)(i), (vi) Paragraph (9)(B). amount equal to the lesser of— ‘‘(ii) such fuel shall be treated as meeting the (vii) Paragraph (11)(B). ‘‘(A) 10 percent of the cost of the qualified 2- requirements of subparagraph (E)(i)(II) and as (B) CERTAIN CLOSED-LOOP BIOMASS FACILI- or 3-wheeled plug-in electric vehicle, or not being excluded under subparagraph (E)(iii) TIES.—Subparagraph (A) of section 45(d)(2) is ‘‘(B) $2,500. in the hands of such taxpayer, and amended by adding at the end the following ‘‘(3) QUALIFIED 2- OR 3-WHEELED PLUG-IN ‘‘(iii) except as provided in this subparagraph, new flush sentence: ELECTRIC VEHICLE.—The term ‘qualified 2- or 3- such fuel (and any fuel derived from such fuel) ‘‘For purposes of clause (ii), a facility shall be wheeled plug-in electric vehicle’ means any ve- shall not be taken into account under subpara- treated as modified before January 1, 2014, if the hicle which— graph (C) with respect to the taxpayer or any construction of such modification begins before ‘‘(A) has 2 or 3 wheels, other person.’’. such date.’’. ‘‘(B) meets the requirements of subparagraphs (3) CONFORMING AMENDMENTS.— (C) CERTAIN OPEN-LOOP BIOMASS FACILITIES.— (A), (B), (C), (E), and (F) of subsection (d)(1) (A) Section 40, as amended by paragraph (2), Clause (ii) of section 45(d)(3)(A) is amended by (determined by substituting ‘2.5 kilowatt hours’ is amended— striking ‘‘is originally placed in service’’ and in- for ‘4 kilowatt hours’ in subparagraph (F)(i)), (i) by striking ‘‘cellulosic biofuel’’ each place serting ‘‘the construction of which begins’’. ‘‘(C) is manufactured primarily for use on it appears in the text thereof and inserting ‘‘sec- (D) GEOTHERMAL FACILITIES.— public streets, roads, and highways, ond generation biofuel’’, (i) IN GENERAL.—Paragraph (4) of section ‘‘(D) is capable of achieving a speed of 45 (ii) by striking ‘‘CELLULOSIC’’ in the headings 45(d) is amended by striking ‘‘and before Janu- miles per hour or greater, and of subsections (b)(6), (b)(6)(E), and (d)(3)(D) ary 1, 2014’’ and all that follows and inserting ‘‘(E) is acquired after December 31, 2011, and and inserting ‘‘SECOND GENERATION’’, and ‘‘and which— before January 1, 2014.’’. (iii) by striking ‘‘CELLULOSIC’’ in the headings ‘‘(A) in the case of a facility using solar en- (b) CONFORMING AMENDMENTS.— of subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), ergy, is placed in service before January 1, 2006, (1) NO DOUBLE BENEFIT.—Paragraph (2) of (d)(6), and (e)(3) and inserting ‘‘SECOND GEN- or section 30D(f) is amended— ERATION’’. ‘‘(B) in the case of a facility using geothermal (A) by striking ‘‘new qualified plug-in electric (B) Clause (ii) of section 40(b)(6)(E) is amend- energy, the construction of which begins before drive motor vehicle’’ and inserting ‘‘vehicle for ed by striking ‘‘Such term shall not’’ and insert- January 1, 2014. which a credit is allowable under subsection ing ‘‘The term ‘second generation biofuel’ shall Such term shall not include any property de- (a)’’, and not’’. scribed in section 48(a)(3) the basis of which is

VerDate Mar 15 2010 04:42 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\CR\FM\A01JA7.019 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7544 CONGRESSIONAL RECORD — HOUSE January 1, 2013 taken into account by the taxpayer for purposes fect on the date of the enactment of this (3) by adding at the end the following new of determining the energy credit under section section’’and inserting ‘‘2006 International En- subparagraph: 48.’’. ergy Conservation Code, as such Code (includ- ‘‘(E) any alternative fuel mixture (as defined (E) INCREMENTAL HYDROPOWER PRODUC- ing supplements) is in effect on January 1, in section 6426(e)(2)) sold or used after December TION.—Paragraph (9) of section 45(d) is amend- 2006’’. 31, 2011.’’. ed— (c) EFFECTIVE DATE.—The amendments made (c) EFFECTIVE DATE.—The amendments made (i) by redesignating subparagraphs (A) and by this section shall apply to homes acquired by this section shall apply to fuel sold or used (B), as amended by subparagraph (A), as after December 31, 2011. after December 31, 2011. clauses (i) and (ii), respectively, and by moving SEC. 409. EXTENSION OF CREDIT FOR ENERGY-EF- TITLE V—UNEMPLOYMENT such clauses (as so redesignated) 2 ems to the FICIENT APPLIANCES. SEC. 501. EXTENSION OF EMERGENCY UNEM- right, (a) IN GENERAL.—Section 45M(b) is amended (ii) by striking ‘‘In the case of a facility’’ and PLOYMENT COMPENSATION PRO- by striking ‘‘2011’’ each place it appears other GRAM. inserting the following: than in the provisions specified in subsection (b) (a) EXTENSION.—Section 4007(a)(2) of the Sup- ‘‘(A) IN GENERAL.—In the case of a facility’’, and inserting ‘‘2011, 2012, or 2013’’. plemental Appropriations Act, 2008 (Public Law (iii) by redesignating subparagraph (C) as (b) PROVISIONS SPECIFIED.—The provisions of 110–252; 26 U.S.C. 3304 note) is amended by subparagraph (B), and section 45M(b) specified in this subsection are striking ‘‘January 2, 2013’’ and inserting ‘‘Janu- (iv) by adding at the end the following new subparagraph (C) of paragraph (1) and sub- ary 1, 2014’’. subparagraph: paragraph (E) of paragraph (2). (b) FUNDING.—Section 4004(e)(1) of the Sup- ‘‘(C) SPECIAL RULE.—For purposes of subpara- (c) EFFECTIVE DATE.—The amendments made graph (A)(i), an efficiency improvement or addi- by this section shall apply to appliances pro- plemental Appropriations Act, 2008 (Public Law tion to capacity shall be treated as placed in duced after December 31, 2011. 110–252; 26 U.S.C. 3304 note) is amended— service before January 1, 2014, if the construc- (1) in subparagraph (H), by striking ‘‘and’’ at SEC. 410. EXTENSION AND MODIFICATION OF the end; and tion of such improvement or addition begins be- SPECIAL ALLOWANCE FOR CELLU- fore such date.’’. LOSIC BIOFUEL PLANT PROPERTY. (2) by inserting after subparagraph (I) the fol- (b) EXTENSION OF ELECTION TO TREAT QUALI- (a) EXTENSION.— lowing: FIED FACILITIES AS ENERGY PROPERTY.—Sub- (1) IN GENERAL.—Subparagraph (D) of section ‘‘(J) the amendments made by section 501(a) of paragraph (C) of section 48(a)(5) is amended to 168(l)(2) is amended by striking ‘‘January 1, the American Taxpayer Relief Act of 2012;’’. read as follows: 2013’’ and inserting ‘‘January 1, 2014’’. (c) EFFECTIVE DATE.—The amendments made ‘‘(C) QUALIFIED INVESTMENT CREDIT FACIL- (2) EFFECTIVE DATE.—The amendment made by this section shall take effect as if included in ITY.—For purposes of this paragraph, the term by this subsection shall apply to property placed the enactment of the Unemployment Benefits ‘qualified investment credit facility’ means any in service after December 31, 2012. Extension Act of 2012 (Public Law 112–96) facility— (b) ALGAE TREATED AS A QUALIFIED FEED- SEC. 502. TEMPORARY EXTENSION OF EXTENDED ‘‘(i) which is a qualified facility (within the STOCK FOR PURPOSES OF BONUS DEPRECIATION BENEFIT PROVISIONS. meaning of section 45) described in paragraph FOR BIOFUEL PLANT PROPERTY.— (a) IN GENERAL.—Section 2005 of the Assist- (1), (2), (3), (4), (6), (7), (9), or (11) of section (1) IN GENERAL.—Subparagraph (A) of section ance for Unemployed Workers and Struggling 45(d), 168(l)(2) is amended by striking ‘‘solely to Families Act, as contained in Public Law 111–5 ‘‘(ii) which is placed in service after 2008 and produce cellulosic biofuel’’ and inserting ‘‘solely (26 U.S.C. 3304 note), is amended— the construction of which begins before January to produce second generation biofuel (as defined (1) by striking ‘‘December 31, 2012’’ each place 1, 2014, and in section 40(b)(6)(E))’’. it appears and inserting ‘‘December 31, 2013’’; ‘‘(iii) with respect to which— (2) CONFORMING AMENDMENTS.—Subsection (l) and ‘‘(I) no credit has been allowed under section of section 168, as amended by subsection (a), is (2) in subsection (c), by striking ‘‘June 30, 45, and amended— 2013’’ and inserting ‘‘June 30, 2014’’. ‘‘(II) the taxpayer makes an irrevocable elec- (A) by striking ‘‘cellulosic biofuel’’ each place (b) EXTENSION OF MATCHING FOR STATES WITH tion to have this paragraph apply.’’. it appears in the text thereof and inserting ‘‘sec- NO WAITING WEEK.—Section 5 of the Unemploy- (c) TECHNICAL CORRECTIONS.— ond generation biofuel’’, ment Compensation Extension Act of 2008 (Pub- (1) Subparagraph (D) of section 48(a)(5) is (B) by striking paragraph (3) and redesig- lic Law 110–449; 26 U.S.C. 3304 note) is amended amended— nating paragraphs (4) through (8) as para- by striking ‘‘June 30, 2013’’ and inserting ‘‘June (A) by striking ‘‘and’’ at the end of clause graphs (3) through (7), respectively, 30, 2014’’. (i)(II), (C) by striking ‘‘CELLULOSIC’’ in the heading (c) EXTENSION OF MODIFICATION OF INDICA- (B) by striking the period at the end of clause of such subsection and inserting ‘‘SECOND GEN- TORS UNDER THE EXTENDED BENEFIT PRO- (ii) and inserting a comma, and ERATION’’, and GRAM.—Section 203 of the Federal-State Ex- (C) by adding at the end the following new (D) by striking ‘‘CELLULOSIC’’ in the heading tended Unemployment Compensation Act of 1970 clauses: of paragraph (2) and inserting ‘‘SECOND GEN- (26 U.S.C. 3304 note) is amended— ‘‘(iii) which is constructed, reconstructed, ERATION’’. (1) in subsection (d), by striking ‘‘December (3) EFFECTIVE DATE.—The amendments made erected, or acquired by the taxpayer, and 31, 2012’’ and inserting ‘‘December 31, 2013’’; by this subsection shall apply to property placed ‘‘(iv) the original use of which commences and in service after the date of the enactment of this with the taxpayer.’’. (2) in subsection (f)(2), by striking ‘‘December Act. (2) Paragraphs (1) and (2) of subsection (a) of 31, 2012’’ and inserting ‘‘December 31, 2013’’. section 1603 of division B of the American Re- SEC. 411. EXTENSION OF SPECIAL RULE FOR (d) EFFECTIVE DATE.—The amendments made covery and Reinvestment Act of 2009 are each SALES OR DISPOSITIONS TO IMPLE- by this section shall take effect as if included in amended by striking ‘‘placed in service’’ and in- MENT FERC OR STATE ELECTRIC RE- STRUCTURING POLICY FOR QUALI- the enactment of the Unemployment Benefits serting ‘‘originally placed in service by such FIED ELECTRIC UTILITIES. Extension Act of 2012 (Public Law 112–96). person’’. (a) IN GENERAL.—Paragraph (3) of section SEC. 503. EXTENSION OF FUNDING FOR REEM- (d) EFFECTIVE DATES.— 451(i) is amended by striking ‘‘January 1, 2012’’ PLOYMENT SERVICES AND REEM- (1) IN GENERAL.—Except as provided in para- and inserting ‘‘January 1, 2014’’. PLOYMENT AND ELIGIBILITY AS- graphs (2) and (3), the amendments made by (b) EFFECTIVE DATE.—The amendment made SESSMENT ACTIVITIES. this section shall take effect on the date of the by this section shall apply to dispositions after (a) IN GENERAL.—Section 4004(c)(2)(A) of the enactment of this Act. December 31, 2011. Supplemental Appropriations Act, 2008 (Public (2) MODIFICATION TO DEFINITION OF MUNIC- SEC. 412. EXTENSION OF ALTERNATIVE FUELS Law 110–252; 26 U.S.C. 3304 note) is amended by IPAL SOLID WASTE.—The amendments made by EXCISE TAX CREDITS. striking ‘‘through fiscal year 2013’’ and insert- subsection (a)(2) shall apply to electricity pro- (a) IN GENERAL.—Sections 6426(d)(5) and ing ‘‘through fiscal year 2014’’. duced and sold after the date of the enactment 6426(e)(3) are each amended by striking ‘‘Decem- (b) EFFECTIVE DATE.—The amendments made of this Act, in taxable years ending after such ber 31, 2011’’ and inserting ‘‘December 31, 2013’’. by this section shall take effect as if included in date. (b) OUTLAY PAYMENTS FOR ALTERNATIVE the enactment of the Unemployment Benefits (3) TECHNICAL CORRECTIONS.—The amend- FUELS.—Paragraph (6) of section 6427(e) is Extension Act of 2012 (Public Law 112–96). ments made by subsection (c) shall apply as if amended— SEC. 504. ADDITIONAL EXTENDED UNEMPLOY- included in the enactment of the provisions of (1) in subparagraph (C)— MENT BENEFITS UNDER THE RAIL- the American Recovery and Reinvestment Act of (A) by striking ‘‘or alternative fuel mixture (as ROAD UNEMPLOYMENT INSURANCE 2009 to which they relate. defined in subsection (d)(2) or (e)(3) of section ACT. SEC. 408. EXTENSION OF CREDIT FOR ENERGY-EF- 6426)’’ and inserting ‘‘(as defined in section (a) EXTENSION.—Section 2(c)(2)(D)(iii) of the FICIENT NEW HOMES. 6426(d)(2))’’, and Railroad Unemployment Insurance Act, as (a) IN GENERAL.—Subsection (g) of section 45L (B) by striking ‘‘December 31, 2011, and’’ and added by section 2006 of the American Recovery is amended by striking ‘‘December 31, 2011’’ and inserting ‘‘December 31, 2013,’’, and Reinvestment Act of 2009 (Public Law 111– inserting ‘‘December 31, 2013’’. (2) in subparagraph (D)— 5) and as amended by section 9 of the Worker, (b) ENERGY SAVINGS REQUIREMENTS.—Clause (A) by striking ‘‘or alternative fuel mixture’’, Homeownership, and Business Assistance Act of (i) of section 45L(c)(1)(A) is amended by striking and 2009 (Public Law 111–92), section 505 of the Tax ‘‘2003 International Energy Conservation Code, (B) by striking the period at the end and in- Relief, Unemployment Insurance Reauthoriza- as such Code (including supplements) is in ef- serting ‘‘, and’’, and tion, and Job Creation Act of 2010 (Public Law

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111–312), section 202 of the Temporary Payroll ‘‘(II) requires the submission of data from par- (c) BENEFICIARY PROTECTIONS.—Section Tax Cut Continuation Act of 2011 (Public Law ticipants with respect to multiple payers; 1833(g)(5) of the Social Security Act (42 U.S.C. 112–78), and section 2124 of the Unemployment ‘‘(III) provides timely performance reports to 1395l(g)(5)) is amended by adding at the end the Benefits Extension Act of 2012 (Public Law 112– participants at the individual participant level; following new subparagraph: 96), is amended— and ‘‘(D) With respect to services furnished on or (1) by striking ‘‘June 30, 2012’’ and inserting ‘‘(IV) supports quality improvement initiatives after January 1, 2013, where payment may not ‘‘June 30, 2013’’; and for participants. be made as a result of application of paragraphs (2) by striking ‘‘December 31, 2012’’ and insert- ‘‘(iii) MEASURES.—With respect to measures (1) and (3), section 1879 shall apply in the same ing ‘‘December 31, 2013’’. used by a qualified clinical data registry— manner as such section applies to a denial that (b) CLARIFICATION ON AUTHORITY TO USE ‘‘(I) sections 1890(b)(7) and 1890A(a) shall not is made by reason of section 1862(a)(1).’’. FUNDS.—Funds appropriated under either the apply; and (d) IMPLEMENTATION.—Notwithstanding any first or second sentence of clause (iv) of section ‘‘(II) measures endorsed by the entity with a other provision of law, the Secretary of Health 2(c)(2)(D) of the Railroad Unemployment Insur- contract with the Secretary under section and Human Services may implement the provi- ance Act shall be available to cover the cost of 1890(a) may be used. sions of, and the amendments made by, this sec- additional extended unemployment benefits pro- ‘‘(iv) CONSULTATION.—In carrying out this tion by program instruction or otherwise. vided under such section 2(c)(2)(D) by reason of subparagraph, the Secretary shall consult with SEC. 604. AMBULANCE ADD-ON PAYMENTS. the amendments made by subsection (a) as well interested parties. (a) GROUND AMBULANCE.—Section as to cover the cost of such benefits provided ‘‘(v) DETERMINATION.—The Secretary shall es- 1834(l)(13)(A) of the Social Security Act (42 under such section 2(c)(2)(D), as in effect on the tablish a process to determine whether or not an U.S.C. 1395m(l)(13)(A)) is amended— day before the date of enactment of this Act. entity meets the requirements established under (1) in the matter preceding clause (i), by strik- (c) FUNDING FOR ADMINISTRATION.—Out of clause (i). Such process may involve one or both any funds in the Treasury not otherwise appro- ing ‘‘January 1, 2013’’ and inserting ‘‘January of the following: 1, 2014’’; and priated, there are appropriated to the Railroad ‘‘(I) A determination by the Secretary. Retirement Board $250,000 for administrative ex- (2) in each of clauses (i) and (ii), by striking ‘‘(II) A designation by the Secretary of one or ‘‘January 1, 2013’’ and inserting ‘‘January 1, penses associated with the payment of addi- more independent organizations to make such tional extended unemployment benefits provided 2014’’ each place it appears. determination.’’. (b) AIR AMBULANCE.—Section 146(b)(1) of the under section 2(c)(2)(D) of the Railroad Unem- (2) GAO STUDY AND REPORT ON INCOR- ployment Insurance Act by reason of the Medicare Improvements for Patients and Pro- PORATING REGISTRY DATA INTO THE MEDICARE viders Act of 2008 (Public Law 110–275), as amendments made by subsection (a), to remain PROGRAM IN ORDER TO IMPROVE QUALITY AND available until expended. amended by sections 3105(b) and 10311(b) of the EFFICIENCY.— Patient Protection and Affordable Care Act (A) STUDY.—The Comptroller General of the TITLE VI—MEDICARE AND OTHER HEALTH (Public Law 111–148), section 106(b) of the Medi- United States shall conduct a study on the po- EXTENSIONS care and Medicaid Extenders Act of 2010 (Public tential of clinical data registries to improve the Subtitle A—Medicare Extensions Law 111–309), section 306(b) of the Temporary quality and efficiency of care in the Medicare SEC. 601. MEDICARE PHYSICIAN PAYMENT UP- Payroll Tax Cut Continuation Act of 2011 (Pub- program, including through payment system in- DATE. lic Law 112–78), and section 3007(b) of the Mid- centives. Such study shall include an analysis (a) IN GENERAL.—Section 1848(d) of the Social dle Class Tax Relief and Job Creation Act of of the role of health information technology in Security Act (42 U.S.C. 1395w–4(d)) is amended 2012 (Public Law 112–96), is amended by striking facilitating clinical data registries and the use by adding at the end the following new para- ‘‘December 31, 2012’’ and inserting ‘‘June 30, of data from such registries among private graph: 2013’’. PDATE FOR 2013 health insurers as well as other entities the ‘‘(14) U .— (c) SUPER RURAL AMBULANCE.—Section ‘‘(A) IN GENERAL.—Subject to paragraphs Comptroller General determines appropriate. 1834(l)(12)(A) of the Social Security Act (42 (7)(B), (8)(B), (9)(B), (10)(B), (11)(B), (12)(B), (B) REPORT.—Not later than November 15, U.S.C. 1395m(l)(12)(A)) is amended in the first and (13)(B), in lieu of the update to the single 2013, the Comptroller General of the United sentence by striking ‘‘January 1, 2013’’ and in- conversion factor established in paragraph States shall submit to Congress a report on the serting ‘‘January 1, 2014’’. (1)(C) that would otherwise apply for 2013, the study conducted under subparagraph (A), to- (d) STUDIES OF AMBULANCE COSTS.— update to the single conversion factor for such gether with recommendations for such legisla- (1) IN GENERAL.—The Secretary of Health and year shall be zero percent. tion and administrative action as the Comp- Health and Human Services (in this subsection ‘‘(B) NO EFFECT ON COMPUTATION OF CONVER- troller General determines appropriate. referred to as the ‘‘Secretary’’) shall conduct a SION FACTOR FOR 2014 AND SUBSEQUENT YEARS.— SEC. 602. WORK GEOGRAPHIC ADJUSTMENT. The conversion factor under this subsection study of each of the following: Section 1848(e)(1)(E) of the Social Security Act (A) A study that analyzes data on existing shall be computed under paragraph (1)(A) for (42 U.S.C. 1395w–4(e)(1)(E)) is amended by strik- cost reports for ambulance services furnished by 2014 and subsequent years as if subparagraph ing ‘‘before January 1, 2013’’ and inserting ‘‘be- hospitals and critical access hospitals, including (A) had never applied.’’. fore January 1, 2014’’. (b) ADVANCEMENT OF CLINICAL DATA REG- variation by characteristics of such providers of SEC. 603. PAYMENT FOR OUTPATIENT THERAPY ISTRIES TO IMPROVE THE QUALITY OF HEALTH services. SERVICES. (B) A study of the feasibility of obtaining cost CARE.— (1) IN GENERAL.—Section 1848(m)(3) of the So- (a) EXTENSION.—Section 1833(g) of the Social data on a periodic basis from all ambulance pro- cial Security Act (42 U.S.C. 1395w–4(m)(3)) is Security Act (42 U.S.C. 1395l(g)) is amended— viders of services and suppliers for potential use amended— (1) in paragraph (5)(A), in the first sentence, in examining the appropriateness of the Medi- (A) by redesignating subparagraph (D) as sub- by striking ‘‘December 31, 2012’’ and inserting care add-on payments for ground ambulance paragraph (F); and ‘‘December 31, 2013’’; and services furnished under the fee schedule under (B) by inserting after subparagraph (C) the (2) in paragraph (6)— section 1834(l) of the Social Security Act (42 following new subparagraphs: (A) by striking ‘‘December 31, 2012’’ and in- U.S.C. 1395m(l)) and in preparing for future re- ‘‘(D) SATISFACTORY REPORTING MEASURES serting ‘‘December 31, 2013’’; and form of such payment system. THROUGH PARTICIPATION IN A QUALIFIED CLIN- (B) by inserting ‘‘or 2013’’ after ‘‘during (2) COMPONENTS OF ONE OF THE STUDIES.—In ICAL DATA REGISTRY.—For 2014 and subsequent 2012’’. conducting the study under paragraph (1)(B), years, the Secretary shall treat an eligible pro- (b) APPLICATION OF THERAPY CAP TO THERAPY the Secretary shall— fessional as satisfactorily submitting data on FURNISHED AS PART OF OUTPATIENT CRITICAL (A) consult with industry on the design of quality measures under subparagraph (A) if, in ACCESS HOSPITAL SERVICES.—Section 1833(g)(6) such cost collection efforts; lieu of reporting measures under subsection of the Social Security Act (42 U.S.C. 1395l(g)(6)), (B) explore use of cost surveys and cost re- (k)(2)(C), the eligible professional is satisfac- as amended by subsection (a), is amended— ports to collect appropriate cost data and the torily participating, as determined by the Sec- (1) by striking ‘‘In applying’’ and inserting periodicity of such cost data collection; retary, in a qualified clinical data registry (as ‘‘(A) In applying’’; and (C) examine the feasibility of development of a described in subparagraph (E)) for the year. (2) by adding at the end the following new standard cost reporting tool for providers of ‘‘(E) QUALIFIED CLINICAL DATA REGISTRY.— subparagraph: services and suppliers of ground ambulance ‘‘(i) IN GENERAL.—The Secretary shall estab- ‘‘(B)(i) With respect to outpatient therapy services; and lish requirements for an entity to be considered services furnished beginning on or after Janu- (D) examine the ability to furnish such cost a qualified clinical data registry. Such require- ary 1, 2013, and before January 1, 2014, for data by various types of ambulance providers of ments shall include a requirement that the enti- which payment is made under section 1834(g), services and suppliers, especially by rural and ty provide the Secretary with such information, the Secretary shall count toward the uniform super-rural providers of services and suppliers. at such times, and in such manner, as the Sec- dollar limitations described in paragraphs (1) (3) REPORTS.— retary determines necessary to carry out this and (3) and the threshold described in para- (A) EXISTING COST REPORTS.—Not later than subsection. graph (5)(C) the amount that would be payable October 1, 2013, the Secretary shall submit a re- ‘‘(ii) CONSIDERATIONS.—In establishing the re- under this part if such services were paid under port to Congress on the study conducted under quirements under clause (i), the Secretary shall section 1834(k)(1)(B) instead of being paid under paragraph (1)(A), together with recommenda- consider whether an entity— section 1834(g). tions for such legislation and administrative ac- ‘‘(I) has in place mechanisms for the trans- ‘‘(ii) Nothing in clause (i) shall be construed tion as the Secretary determines appropriate. parency of data elements and specifications, as changing the method of payment for out- (B) OBTAINING COST DATA.—Not later than risk models, and measures; patient therapy services under section 1834(g).’’. July 1, 2014, the Secretary shall submit a report

VerDate Mar 15 2010 04:42 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 6333 E:\CR\FM\A01JA7.019 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7546 CONGRESSIONAL RECORD — HOUSE January 1, 2013 to Congress on the study conducted under para- (A) the type of applicable provider receiving ments in quality, reducing per capita costs, and graph (1)(B), together with recommendations for the data; other criteria the Secretary determines appro- such legislation and administrative action as (B) the frequency of providing the data so priate. the Secretary determines appropriate. that it can be the most relevant in improving SEC. 610. EXTENSION OF FUNDING OUTREACH SEC. 605. EXTENSION OF MEDICARE INPATIENT provider performance; AND ASSISTANCE FOR LOW-INCOME HOSPITAL PAYMENT ADJUSTMENT (C) risk adjustment methods; PROGRAMS. FOR LOW-VOLUME HOSPITALS. (D) presentation of the data in a meaningful (a) ADDITIONAL FUNDING FOR STATE HEALTH Section 1886(d)(12) of the Social Security Act manner and easily understandable format; INSURANCE PROGRAMS.—Subsection (a)(1)(B) of (42 U.S.C. 1395ww(d)(12)) is amended— (E) with respect to utilization data, the provi- section 119 of the Medicare Improvements for (1) in subparagraph (B), in the matter pre- sion of data that the Secretary determines Patients and Providers Act of 2008 (42 U.S.C. ceding clause (i), by striking ‘‘2013’’ and insert- would be useful to improve the performance of 1395b–3 note), as amended by section 3306 of the ing ‘‘2014’’; the type of applicable provider involved; and Patient Protection and Affordable Care Act (2) in subparagraph (C)(i), by striking ‘‘and (F) administrative costs involved with pro- Public Law 111–148), is amended— 2012’’ each place it appears and inserting ‘‘, viding data. (1) in clause (i), by striking ‘‘and’’ at the end; 2012, and 2013’’; and (3) SUBMISSION AND AVAILABILITY OF INITIAL (2) in clause (ii), by striking the period at the (3) in subparagraph (D), by striking ‘‘and STRATEGY.—Not later than 1 year after the date end and inserting ‘‘; and’’; and (3) by inserting after clause (ii) the following 2012’’ and inserting ‘‘, 2012, and 2013’’. of the enactment of this Act, the Secretary new clause: SEC. 606. EXTENSION OF THE MEDICARE-DE- shall— (A) submit to the relevant committees of Con- ‘‘(iii) for fiscal year 2013, of $7,500,000.’’. PENDENT HOSPITAL (MDH) PRO- (b) ADDITIONAL FUNDING FOR AREA AGENCIES GRAM. gress the strategy described in paragraph (1); ON AGING.—Subsection (b)(1)(B) of such section and (a) EXTENSION OF PAYMENT METHODOLOGY.— 119, as so amended, is amended— Section 1886(d)(5)(G) of the Social Security Act (B) post such strategy on the website of the (1) in clause (i), by striking ‘‘and’’ at the end; (42 U.S.C. 1395ww(d)(5)(G)) is amended— Centers for Medicare & Medicaid Services. (2) in clause (ii), by striking the period at the (1) in clause (i), by striking ‘‘October 1, 2012’’ (4) STRATEGY UPDATE.— end and inserting ‘‘; and’’; and and inserting ‘‘October 1, 2013’’; and (A) FEEDBACK FROM STAKEHOLDERS.—The (3) by inserting after clause (ii) the following (2) in clause (ii)(II), by striking ‘‘October 1, Secretary shall seek feedback from stakeholders new clause: 2012’’ and inserting ‘‘October 1, 2013’’. on the initial strategy submitted under para- ‘‘(iii) for fiscal year 2013, of $7,500,000.’’. (b) CONFORMING AMENDMENTS.— graph (3). (c) ADDITIONAL FUNDING FOR AGING AND DIS- (1) EXTENSION OF TARGET AMOUNT.—Section (B) STRATEGY UPDATE.—The Secretary shall— ABILITY RESOURCE CENTERS.—Subsection 1886(b)(3)(D) of the Social Security Act (42 (i) update the strategy described in paragraph (c)(1)(B) of such section 119, as so amended, is U.S.C. 1395ww(b)(3)(D)) is amended— (1) based on the feedback submitted under sub- amended— (A) in the matter preceding clause (i), by paragraph (A); and (1) in clause (i), by striking ‘‘and’’ at the end; striking ‘‘October 1, 2012’’ and inserting ‘‘Octo- (ii) not later than 18 months after the date of (2) in clause (ii), by striking the period at the ber 1, 2013’’; and the enactment of this Act— end and inserting ‘‘; and’’; and (B) in clause (iv), by striking ‘‘through fiscal (I) submit such updated strategy to the rel- (3) by inserting after clause (ii) the following year 2012’’ and inserting ‘‘through fiscal year evant committees of Congress; and new clause: ‘‘(iii) for fiscal year 2013, of $5,000,000.’’. 2013’’. (II) post such updated strategy on the website (d) ADDITIONAL FUNDING FOR CONTRACT WITH (2) PERMITTING HOSPITALS TO DECLINE RECLAS- of the Centers for Medicare & Medicaid Serv- THE NATIONAL CENTER FOR BENEFITS AND OUT- SIFICATION.—Section 13501(e)(2) of the Omnibus ices. (5) GAO STUDY AND REPORT ON PRIVATE SEC- REACH ENROLLMENT.—Subsection (d)(2) of such Budget Reconciliation Act of 1993 (42 U.S.C. section 119, as so amended, is amended— 1395ww note) is amended by striking ‘‘through TOR INFORMATION SHARING ACTIVITIES.— (A) STUDY.—The Comptroller General of the (1) in clause (i), by striking ‘‘and’’ at the end; fiscal year 2012’’ and inserting ‘‘through fiscal (2) in clause (ii), by striking the period at the United States (in this paragraph referred to as year 2013’’. end and inserting ‘‘; and’’; and the ‘‘Comptroller General’’) shall conduct a SEC. 607. EXTENSION FOR SPECIALIZED MEDI- (3) by inserting after clause (ii) the following study on information sharing activities. Such CARE ADVANTAGE PLANS FOR SPE- new clause: CIAL NEEDS INDIVIDUALS. study shall include an analysis of— ‘‘(iii) for fiscal year 2013, of $5,000,000.’’. Section 1859(f)(1) of the Social Security Act (42 (i) how private sector entities share timely data with hospitals, physicians, and other pro- Subtitle B—Other Health Extensions U.S.C. 1395w–28(f)(1)) is amended by striking SEC. 621. EXTENSION OF THE QUALIFYING INDI- ‘‘2014’’ and inserting ‘‘2015’’. viders and what lessons can be learned from those activities; VIDUAL (QI) PROGRAM. SEC. 608. EXTENSION OF MEDICARE REASONABLE (ii) how the Medicare program currently (a) EXTENSION.—Section 1902(a)(10)(E)(iv) of COST CONTRACTS. shares data with providers, including what data the Social Security Act (42 U.S.C. Section 1876(h)(5)(C)(ii) of the Social Security is provided and to which providers, and what 1396a(a)(10)(E)(iv)) is amended by striking Act (42 U.S.C. 1395mm(h)(5)(C)(ii)) is amended, divisions within the Centers for Medicare & ‘‘2012’’ and inserting ‘‘2013’’. in the matter preceding subclause (I), by strik- (b) EXTENDING TOTAL AMOUNT AVAILABLE Medicaid Services oversee those efforts; ing ‘‘January 1, 2013’’ and inserting ‘‘January FOR ALLOCATION.—Section 1933(g) of such Act (iii) what, if any, differences there are be- 1, 2014’’. (42 U.S.C. 1396u–3(g)) is amended— tween the private sector and the Medicare pro- SEC. 609. PERFORMANCE IMPROVEMENT. (1) in paragraph (2)— gram under title XVIII of the Social Security (A) in subparagraph (Q), by striking ‘‘and’’ (a) EXTENSION OF FUNDING FOR CONTRACT Act (42 U.S.C. 1395 et seq.) in terms of sharing after the semicolon; WITH CONSENSUS-BASED ENTITY REGARDING data; and (B) in subparagraph (R), by striking the pe- PERFORMANCE MEASUREMENT.— (iv) what, if any, barriers there are for the riod at the end and inserting a semicolon; and (1) IN GENERAL.—Section 1890(d) of the Social Centers for Medicare & Medicaid Services to (C) by adding at the end the following new Security Act (42 U.S.C. 1395aaa(d)) is amended sharing timely data with applicable providers subparagraphs: by striking ‘‘fiscal years 2009 through 2012’’ and and recommendations to eliminate or reduce ‘‘(S) for the period that begins on January 1, inserting ‘‘fiscal years 2009 through 2013’’. such barriers. 2013, and ends on September 30, 2013, the total (2) REVISION TO DUTIES.—Section 1890(b) of (B) REPORT.—Not later than 8 months after allocation amount is $485,000,000; and the Social Security Act (42 U.S.C. 1395aaa(b)) is the date of the enactment of this Act, the Comp- ‘‘(T) for the period that begins on October 1, amended by striking paragraph (4). troller General shall submit to the relevant com- 2013, and ends on December 31, 2013, the total (b) PROVIDING DATA FOR PERFORMANCE IM- mittees of Congress a report containing the re- allocation amount is $300,000,000.’’; and PROVEMENT IN A TIMELY MANNER.— sults of the study conducted under subpara- (2) in paragraph (3), in the matter preceding (1) IN GENERAL.—The Secretary of Health and graph (A), together with recommendations for subparagraph (A), by striking ‘‘or (R)’’ and in- Human Services (in this subsection referred to such legislation and administrative action as serting ‘‘(R), or (T)’’. as the ‘‘Secretary’’) shall develop a strategy to the Comptroller General determines appropriate. SEC. 622. EXTENSION OF TRANSITIONAL MEDICAL provide data for performance improvement in a (6) DEFINITIONS.—In this subsection: ASSISTANCE (TMA). timely manner to applicable providers under the (A) APPLICABLE PROVIDER.—The term ‘‘appli- Sections 1902(e)(1)(B) and 1925(f) of the Social Medicare program under title XVIII of the So- cable provider’’ means the following: Security Act (42 U.S.C. 1396a(e)(1)(B), 1396r– cial Security Act (42 U.S.C. 1395 et seq.), includ- (i) A critical access hospital (as defined in sec- 6(f)) are each amended by striking ‘‘2012’’ and ing with respect to the provision of the fol- tion 1861(mm)(1) of the Social Security Act (42 inserting ‘‘2013’’. lowing: U.S.C. 1395xx(mm)(1))). SEC. 623. EXTENSION OF MEDICAID AND CHIP EX- (A) Utilization data, including such data for (ii) A hospital (as defined in section 1861(e) of PRESS LANE OPTION. items and services under parts A, B, and D of such Act (42 U.S.C. 1395x(e))). Section 1902(e)(13)(I) of the Social Security the Medicare program. (iii) A physician (as defined in section 1861(r) Act (42 U.S.C. 1396a(e)(13)(I)) is amended by (B) Feedback on quality data submitted by the of such Act (42 U.S.C. 1395x(r))). striking ‘‘2013’’ and inserting ‘‘2014’’. applicable provider under the Medicare pro- (iv) Any other provider the Secretary deter- SEC. 624. EXTENSION OF FAMILY-TO-FAMILY gram. mines should receive the information described HEALTH INFORMATION CENTERS. (2) CONSIDERATIONS.—In developing the strat- in subsection (a). Section 501(c)(1)(A)(iii) of the Social Security egy under paragraph (1), the Secretary shall (B) PERFORMANCE IMPROVEMENT.—The term Act (42 U.S.C. 701(c)(1)(A)(iii)) is amended by consider— ‘‘performance improvement’’ means improve- striking ‘‘2012’’ and inserting ‘‘2013’’.

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EXTENSION OF SPECIAL DIABETES PRO- U.S.C. 1395rr(b)(14)) is amended by adding at subsection pursuant to the applicable fee sched- GRAM FOR TYPE I DIABETES AND the end the following new subparagraph: ule amount (as defined in paragraph (3)), in- FOR INDIANS. ‘‘(I) For services furnished on or after Janu- stead of the 25 percent multiple procedure pay- (a) SPECIAL DIABETES PROGRAMS FOR TYPE I ary 1, 2014, the Secretary shall, by comparing ment reduction specified in the final rule pub- DIABETES.—Section 330B(b)(2)(C) of the Public per patient utilization data from 2007 with such lished by the Secretary in the Federal Register Health Service Act (42 U.S.C. 254c–2(b)(2)(C)) is data from 2012, make reductions to the single on November 29, 2010, the reduction percentage amended by striking ‘‘2013’’ and inserting payment that would otherwise apply under this shall be 50 percent.’’. ‘‘2014’’. paragraph for renal dialysis services to reflect SEC. 634. PAYMENT FOR CERTAIN RADIOLOGY (b) SPECIAL DIABETES PROGRAMS FOR INDI- the Secretary’s estimate of the change in the SERVICES FURNISHED UNDER THE ANS.—Section 330C(c)(2)(C) of the Public Health utilization of drugs and biologicals described in MEDICARE HOSPITAL OUTPATIENT Service Act (42 U.S.C. 254c–3(c)(2)(C)) is amend- clauses (ii), (iii), and (iv) of subparagraph (B) DEPARTMENT PROSPECTIVE PAY- ed by striking ‘‘2013’’ and inserting ‘‘2014’’. (other than oral-only ESRD-related drugs, as MENT SYSTEM. Subtitle C—Other Health Provisions such term is used in the final rule promulgated Section 1833(t)(16) of the Social Security Act (42 U.S.C. 1395l(t)(16)) is amended by adding at SEC. 631. IPPS DOCUMENTATION AND CODING by the Secretary in the Federal Register on Au- ADJUSTMENT FOR IMPLEMENTA- gust 12, 2010 (75 Fed. Reg. 49030)). In making re- the end the following new subparagraph: TION OF MS-DRGS. ductions under the preceding sentence, the Sec- ‘‘(D) SPECIAL PAYMENT RULE.— ‘‘(i) IN GENERAL.—In the case of covered OPD (a) RULE OF CONSTRUCTION AND CLARIFICA- retary shall take into account the most recently services furnished on or after April 1, 2013, in a TION.— available data on average sales prices and hospital described in clause (ii), if— (1) RULE OF CONSTRUCTION.—Nothing in the changes in prices for drugs and biological re- ‘‘(I) the payment rate that would otherwise amendments made by subsection (b) shall be flected in the ESRD market basket percentage apply under this subsection for stereotactic construed as changing the existing authority increase factor under subparagraph (F).’’. radiosurgery, complete course of treatment of under section 1886(d) of the Social Security Act (b) TWO-YEAR DELAY OF IMPLEMENTATION OF cranial lesion(s) consisting of 1 session that is (42 U.S.C. 1395ww(d)) to make prospective docu- ORAL-ONLY ESRD-RELATED DRUGS IN THE multi-source Cobalt 60 based (identified as of mentation and coding adjustments to the stand- ESRD PROSPECTIVE PAYMENT SYSTEM; MONI- January 1, 2013, by HCPCS code 77371 (and any ardized amounts under such section 1886(d) to TORING.— succeeding code) and reimbursed as of such date correct for changes in the coding or classifica- (1) DELAY.—The Secretary of Health and under APC 0127 (and any succeeding classifica- tion of discharges that do not reflect real Human Services may not implement the policy tion group)); exceeds changes in case mix. under section 413.174(f)(6) of title 42, Code of ‘‘(II) the payment rate that would otherwise (2) CLARIFICATION.—Effective on the date of Federal Regulations (relating to oral-only apply under this subsection for linear accel- the enactment of this section, except as provided ESRD-related drugs in the ESRD prospective erator based stereotactic radiosurgery, complete in section 7(b)(1)(B)(ii) of the TMA, Abstinence payment system), prior to January 1, 2016. course of therapy in one session (identified as of Education, and QI Programs Extension Act of (2) MONITORING.—With respect to the imple- January 1, 2013, by HCPCS code G0173 (and any 2007, as added by subsection (b)(2)(A)(ii)(IV) of mentation of oral-only ESRD-related drugs in succeeding code) and reimbursed as of such date this section, the Secretary of Health and Human the ESRD prospective payment system under under APC 0067 (and any succeeding classifica- Services shall not have authority to fully recoup subsection (b)(14) of section 1881 of the Social tion group)), past overpayments related to documentation Security Act (42 U.S.C. 1395rr(b)(14)), the Sec- the payment rate for the service described in and coding changes from fiscal years 2008 and retary of Health and Human Services shall mon- subclause (I) shall be reduced to an amount 2009. itor the bone and mineral metabolism of individ- equal to the payment rate for the service de- (b) ADJUSTMENT.—Section 7 of the TMA, Ab- uals with end stage renal disease. scribed in subclause (II). stinence Education, and QI Programs Extension (c) ANALYSIS OF CASE MIX PAYMENT ADJUST- ‘‘(ii) HOSPITAL DESCRIBED.—A hospital de- MENTS.—By not later than January 1, 2016, the Act of 2007 (Public Law 110–90; 121 Stat. 986) is scribed in this clause is a hospital that is not— Secretary of Health and Human Services shall— amended— ‘‘(I) located in a rural area (as defined in sec- (1) conduct an analysis of the case mix pay- (1) in the heading, by striking ‘‘LIMITA- tion 1886(d)(2)(D)); ment adjustments being used under section TION’’ and all that follows through ‘‘ADJUST- ‘‘(II) classified as a rural referral center under 1881(b)(14)(D)(i) of the Social Security Act (42 MENT’’ and inserting ‘‘DOCUMENTATION section 1886(d)(5)(C); or AND CODING ADJUSTMENTS’’; and U.S.C. 1395rr(b)(14)(D)(i)); and ‘‘(III) a sole community hospital (as defined (2) make appropriate revisions to such case (2) in subsection (b)— in section 1886(d)(5)(D)(iii)). mix payment adjustments. (A) in paragraph (1)— ‘‘(iii) NOT BUDGET NEUTRAL.—In making any (d) UPDATED GAO REPORT.—Not later than (i) in the matter before subparagraph (A)— budget neutrality adjustments under this sub- December 31, 2015, the Comptroller General of (I) by striking ‘‘or 2009’’ and inserting ‘‘, 2009, section for 2013 (with respect to covered OPD the United States shall submit to Congress a re- or 2010’’; and services furnished on or after April 1, 2013, and port that updates the report submitted to Con- (II) by inserting ‘‘or otherwise applied for before January 1, 2014) or a subsequent year, gress under section 10336 of the Patient Protec- such year’’ after ‘‘applied under subsection the Secretary shall not take into account the re- tion and Affordable Care Act (Public Law 111– (a)’’; and duced expenditures that result from the applica- 148; 124 Stat. 974). The updated report shall in- (ii) in subparagraph (B)— tion of this subparagraph.’’. (I) by inserting ‘‘(i)’’ after ‘‘(B)’’; clude an analysis of how the Secretary of (II) by striking ‘‘or decrease’’; Health and Human Services has addressed SEC. 635. ADJUSTMENT OF EQUIPMENT UTILIZA- TION RATE FOR ADVANCED IMAGING (III) by striking the period at the end and in- points raised in the report submitted under such SERVICES. serting ‘‘; and’’; and section 10336 with respect to the Secretary’s Section 1848 of the Social Security Act (42 (IV) by adding at the end the following: preparations to implement payment for oral- U.S.C. 1395w–4) is amended— ‘‘(ii) make an additional adjustment to the only ESRD-related drugs in the bundled pro- (1) in subsection (b)(4)(C)— standardized amounts under such section spective payment system under section (A) by striking ‘‘and subsequent years’’ and 1886(d) based upon the Secretary’s estimates for 1881(b)(14) of the Social Security Act (42 U.S.C. inserting ‘‘, 2012, and 2013’’; and discharges occurring only during fiscal years 1395rr(b)(14)). (B) by adding at the end the following new 2014, 2015, 2016, and 2017 to fully offset SEC. 633. TREATMENT OF MULTIPLE SERVICE sentence: ‘‘With respect to fee schedules estab- $11,000,000,000 (which represents the amount of PAYMENT POLICIES FOR THERAPY lished for 2014 and subsequent years, in such the increase in aggregate payments from fiscal SERVICES. methodology, the Secretary shall use a 90 per- years 2008 through 2013 for which an adjust- (a) SERVICES FURNISHED BY PHYSICIANS AND cent utilization rate.’’; and ment was not previously applied).’’; and CERTAIN OTHER PROVIDERS.—Section 1848(b)(7) (2) in subsection (c)(2)(B)(v)(III), by striking (B) in paragraph (3)— of the Social Security Act (42 U.S.C. 1395w– ‘‘change in the utilization rate applicable to (i) in subparagraph (A), by inserting before 4(b)(7)) is amended— 2011, as described in’’ and inserting ‘‘changes in the semicolon the following: ‘‘or affecting the (1) by striking ‘‘2011,’’ and inserting ‘‘2011, the utilization rate applicable to 2011 and 2014, Secretary’s authority under such paragraph to and before April 1, 2013,’’; and as described in the first and second sentence, re- apply a prospective adjustment to offset aggre- (2) by adding at the end the following new spectively, of’’. gate additional payments related to documenta- sentence: ‘‘In the case of such services furnished SEC. 636. MEDICARE PAYMENT OF COMPETITIVE tion and coding improvements made with respect on or after April 1, 2013, and for which payment PRICES FOR DIABETIC SUPPLIES to discharges during fiscal year 2010’’; and is made under such fee schedules, instead of the AND ELIMINATION OF OVERPAY- (ii) in subparagraph (B), by striking ‘‘and 25 percent multiple procedure payment reduc- MENT FOR DIABETIC SUPPLIES. 2012’’ and inserting ‘‘2012, 2014, 2015, 2016, and tion specified in such final rule, the reduction (a) APPLICATION OF COMPETITIVE BIDDING 2017’’. percentage shall be 50 percent.’’. PRICES FOR DIABETIC SUPPLIES.—Section SEC. 632. REVISIONS TO THE MEDICARE ESRD (b) SERVICES FURNISHED BY OTHER PRO- 1834(a)(1) of the Social Security Act (42 U.S.C. BUNDLED PAYMENT SYSTEM TO RE- VIDERS.—Section 1834(k) of the Social Security 1395m(a)(1)) is amended— FLECT FINDINGS IN THE GAO RE- Act (42 U.S.C. 1395m(k)) is amended by adding (1) in subparagraph (F), in the matter pre- PORT. at the end the following new paragraph: ceding clause (i), by striking ‘‘subparagraph (a) ADJUSTMENT TO ESRD BUNDLED PAYMENT ‘‘(7) ADJUSTMENT IN DISCOUNT FOR CERTAIN (G)’’ and inserting ‘‘subparagraphs (G) and RATE TO ACCOUNT FOR CHANGES IN THE UTILI- MULTIPLE THERAPY SERVICES.—In the case of (H)’’; and ZATION OF CERTAIN DRUGS AND BIOLOGICALS.— therapy services furnished on or after April 1, (2) by adding at the end the following new Section 1881(b)(14) of the Social Security Act (42 2013, and for which payment is made under this subparagraph:

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‘‘(H) DIABETIC SUPPLIES.— ‘‘(8) SPECIAL RULES FOR CALCULATING DSH AL- (C) issues related to workers who provide ‘‘(i) IN GENERAL.—On or after the date de- LOTMENTS FOR CERTAIN FISCAL YEARS.— long-term services and supports, including— scribed in clause (ii), the payment amount under ‘‘(A) FISCAL YEAR 2021.—Only with respect to (i) whether the number of such workers is ade- this part for diabetic supplies, including testing fiscal year 2021, the DSH allotment for a State, quate to provide long-term services and supports strips, that are non-mail order items (as defined in lieu of the amount determined under para- to individuals with long-term care needs; by the Secretary) shall be equal to the single graph (3) for the State for that year, shall be (ii) workforce development necessary to de- payment amounts established under the na- equal to the DSH allotment for the State as re- liver high-quality services to such individuals; tional mail order competition for diabetic sup- duced under paragraph (7) for fiscal year 2020, (iii) development of entities that have the ca- plies under section 1847. increased, subject to subparagraphs (B) and (C) pacity to serve as employers and fiscal agents ‘‘(ii) DATE DESCRIBED.—The date described in of paragraph (3), and paragraph (5), by the per- for workers who provide long-term services and this clause is the date of the implementation of centage change in the consumer price index for supports in the homes of such individuals; and the single payment amounts under the national all urban consumers (all items; U.S. city aver- (iv) addressing gaps in Federal and State in- mail order competition for diabetic supplies age), for fiscal year 2020. frastructure that prevent delivery of high-qual- under section 1847.’’. ‘‘(B) FISCAL YEAR 2022.—Only with respect to ity long term services and supports to such indi- (b) OVERPAYMENT ELIMINATION FOR DIABETIC fiscal year 2022, the DSH allotment for a State, viduals. SUPPLIES.—Section 1834(a) of the Social Security in lieu of the amount determined under para- (3) ADDITIONAL CONSIDERATIONS.—For pur- Act (42 U.S.C. 1395m(a)) is amended by adding graph (3) for the State for that year, shall be poses of developing the plan described in para- at the end the following new paragraph: equal to the DSH allotment for the State for fis- graph (1), the Commission shall take into ac- ‘‘(22) SPECIAL PAYMENT RULE FOR DIABETIC cal year 2021, as determined under subpara- count projected demographic changes and SUPPLIES.—Notwithstanding the preceding pro- graph (A), increased, subject to subparagraphs trends in the population of the United States, as visions of this subsection, for purposes of deter- (B) and (C) of paragraph (3), and paragraph well as the potential for development of new mining the payment amount under this sub- (5), by the percentage change in the consumer technologies, delivery systems, or other mecha- section for diabetic supplies furnished on or price index for all urban consumers (all items; nisms to improve the availability and quality of after the first day of the calendar quarter dur- U.S. city average), for fiscal year 2021. long-term services and supports. ing 2013 that is at least 30 days after the date of ‘‘(C) SUBSEQUENT FISCAL YEARS.—The DSH al- (4) CONSULTATION.—For purposes of devel- the enactment of this paragraph and before the lotment for a State for fiscal years after fiscal oping the plan described in paragraph (1), the date described in paragraph (1)(H)(ii), the Sec- year 2022 shall be calculated under paragraph Commission shall consult with the Medicare retary shall recalculate and apply the covered (3) without regard to this paragraph and para- Payment Advisory Commission, the Medicaid item update under paragraph (14) as if subpara- graph (7).’’. and CHIP Payment and Access Commission, the National Council on Disability, and relevant graph (J)(i) of such paragraph was amended by SEC. 642. REPEAL OF CLASS PROGRAM. consumer groups. striking ‘but only if furnished through mail (a) REPEAL.—Title XXXII of the Public order’.’’. (c) MEMBERSHIP.— Health Service Act (42 U.S.C. 300ll et seq.; relat- (1) IN GENERAL.—The Commission shall be SEC. 637. MEDICARE PAYMENT ADJUSTMENT FOR ing to the CLASS program) is repealed. composed of 15 members, to be appointed not NON-EMERGENCY AMBULANCE (b) CONFORMING CHANGES.— TRANSPORTS FOR ESRD BENE- later than 30 days after the date of enactment of (1) Title VIII of the Patient Protection and this Act, as follows: FICIARIES. Affordable Care Act (Public Law 111–148; 124 Section 1834(l) of the Social Security Act (42 (A) The President of the United States shall Stat. 119, 846–847) is repealed. appoint 3 members. U.S.C. 1395m(l)) is amended by adding at the (2) Section 1902(a) of the Social Security Act end the following new paragraph: (B) The majority leader of the Senate shall (42 U.S.C. 1396a(a)) is amended— appoint 3 members. ‘‘(15) PAYMENT ADJUSTMENT FOR NON-EMER- (A) by striking paragraphs (81) and (82); (C) The minority leader of the Senate shall GENCY AMBULANCE TRANSPORTS FOR ESRD BENE- (B) in paragraph (80), by inserting ‘‘and’’ at appoint 3 members. FICIARIES.—The fee schedule amount otherwise the end; and (D) The Speaker of the House of Representa- applicable under the preceding provisions of this (C) by redesignating paragraph (83) as para- tives shall appoint 3 members. subsection shall be reduced by 10 percent for graph (81). (E) The minority leader of the House of Rep- ambulance services furnished on or after Octo- (3) Paragraphs (2) and (3) of section 6021(d) of resentatives shall appoint 3 members. ber 1, 2013, consisting of non-emergency basic the Deficit Reduction Act of 2005 (42 U.S.C. (2) REPRESENTATION.—The membership of the life support services involving transport of an 1396p note) are amended to read as such para- Commission shall include individuals who— individual with end-stage renal disease for renal graphs were in effect on the day before the date (A) represent the interests of— dialysis services (as described in section of the enactment of section 8002(d) of the Pa- (i) consumers of long-term services and sup- 1881(b)(14)(B)) furnished other than on an emer- tient Protection and Affordable Care Act (Public ports and related insurance products, as well as gency basis by a provider of services or a renal Law 111–148). Of the funds appropriated by their representatives; dialysis facility.’’. paragraph (3) of such section 6021(d), as amend- (ii) older adults; SEC. 638. REMOVING OBSTACLES TO COLLECTION ed by the Patient Protection and Affordable (iii) individuals with cognitive or functional OF OVERPAYMENTS. Care Act, the unobligated balance is rescinded. limitations; (a) IN GENERAL.—The last sentence of sub- SEC. 643. COMMISSION ON LONG-TERM CARE. (iv) family caregivers for individuals described sections (b) and (c) of section 1870 of the Social in clause (i), (ii), or (iii); (a) ESTABLISHMENT.—There is established a (v) the health care workforce who directly Security Act (42 U.S.C. 1395gg) are each amend- commission to be known as the Commission on provide long-term services and supports; ed— Long-Term Care (referred to in this section as (vi) private long-term care insurance pro- (1) by striking ‘‘third year’’ and inserting the ‘‘Commission’’). ‘‘fifth year’’; and viders; (b) DUTIES.— (2) by striking ‘‘three-year’’ and inserting (vii) employers; (1) IN GENERAL.—The Commission shall de- (viii) State insurance departments; and ‘‘five-year’’. velop a plan for the establishment, implementa- (b) EFFECTIVE DATE.—The amendments made (ix) State Medicaid agencies; tion, and financing of a comprehensive, coordi- (B) have demonstrated experience in dealing by subsection (a) shall take effect on the date of nated, and high-quality system that ensures the the enactment of this Act. with issues related to long-term services and availability of long-term services and supports supports, health care policy, and public and pri- SEC. 639. MEDICARE ADVANTAGE CODING INTEN- for individuals in need of such services and sup- SITY ADJUSTMENT. vate insurance; and ports, including elderly individuals, individuals (C) represent the health care interests and Section 1853(a)(1)(C)(ii)(III) of the Social Se- with substantial cognitive or functional limita- needs of a variety of geographic areas and de- curity Act (42 U.S.C. 1395w–23(a)(1)(C)(ii)(III)) tions, other individuals who require assistance mographic groups. is amended— to perform activities of daily living, and individ- (3) CHAIRMAN AND VICE-CHAIRMAN.—The Com- (1) by striking ‘‘1.3 percentage points’’ and in- uals desiring to plan for future long-term care mission shall elect a chairman and vice chair- serting ‘‘1.5 percentage points’’; and needs. man from among its members. (2) by striking ‘‘5.7 percent’’ and inserting (2) EXISTING HEALTH CARE PROGRAMS.—For (4) VACANCIES.—Any vacancy in the member- ‘‘5.9 percent’’. purposes of developing the plan described in ship of the Commission shall be filled in the SEC. 640. ELIMINATION OF ALL FUNDING FOR paragraph (1), the Commission shall provide rec- manner in which the original appointment was THE MEDICARE IMPROVEMENT ommendations for— made and shall not affect the power of the re- FUND. (A) addressing the interaction of a long-term maining members to execute the duties of the Section 1898(b)(1) of the Social Security Act services and support system with existing pro- Commission. (42 U.S.C. 1395iii(b)(1)) is amended by striking grams for long-term services and supports, in- (5) QUORUM.—A quorum shall consist of 8 subparagraphs (A), (B), and (C) and inserting cluding the Medicare program under title XVIII members of the Commission, except that 4 mem- the following new subparagraphs: of the Social Security Act (42 U.S.C. 1395 et seq.) bers may conduct a hearing under subsection ‘‘(A) fiscal year 2014, $0; and and the Medicaid program under title XIX of (e)(1). ‘‘(B) fiscal year 2015, $0.’’. the Social Security Act (42 U.S.C. 1396 et seq.), (6) MEETINGS.—The Commission shall meet at SEC. 641. REBASING OF STATE DSH ALLOTMENTS. and private long-term care insurance; the call of its chairman or a majority of its mem- Section 1923(f)(8) of the Social Security Act (42 (B) improvements to such health care pro- bers. U.S.C. 1396r–4(f)(8)) is amended to read as fol- grams that are necessary for ensuring the avail- (7) COMPENSATION AND REIMBURSEMENT OF lows: ability of long-term services and supports; and EXPENSES.—

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(A) IN GENERAL.—To enable the Commission to guage to carry out the recommendations or pro- suant to title I of that Act (7 U.S.C. 8702 et seq.) exercise its powers, functions, and duties, there posals (referred to in this section as the ‘‘Com- and each amendment made by that title shall be are authorized to be disbursed by the Senate the mission bill’’). applicable to the 2013 crop year for that covered actual and necessary expenses of the Commis- (B) APPROVAL BY MAJORITY OF MEMBERS.— commodity, loan commodity, peanuts, sugar- sion approved by the chairman and vice chair- The Commission bill shall require the approval cane, or sugar beets. man, subject to subparagraph (B) and the rules of a majority of the members of the Commission. (2) MILK.— and regulations of the Senate. (2) TRANSMISSION OF COMMISSION BILL.— (A) IN GENERAL.—Notwithstanding subsection (B) MEMBERS.—Members of the Commission (A) IN GENERAL.—If the Commission bill is ap- (a), the Secretary of Agriculture shall carry out are not entitled to receive compensation for serv- proved by the Commission pursuant to para- the dairy product price support program under ice on the Commission. Members may be reim- graph (1), then not later than 10 days after such section 1501 of the Food, Conservation, and En- bursed for travel, subsistence, and other nec- approval, the Commission shall submit the Com- ergy Act of 2008 (7 U.S.C. 8771) through Decem- essary expenses incurred in carrying out the du- mission bill to the President, the Vice President, ber 31, 2013. ties of the Commission. the Speaker of the House of Representatives, (B) MILK INCOME LOSS CONTRACT PROGRAM.— (d) STAFF AND ETHICAL STANDARDS.— and the majority and minority Leaders of each Section 1506 of the Food, Conservation, and En- (1) STAFF.—The chairman and vice chairman House on Congress. ergy Act of 2008 (7 U.S.C. 8773) is amended by of the Commission may jointly appoint and fix (B) COMMISSION BILL TO BE MADE PUBLIC.— striking ‘‘2012’’ each place it appears in sub- the compensation of staff as they deem nec- Upon the approval or disapproval of the Com- sections (c)(3), (d)(1), (d)(2), (e)(2)(A), (g), and essary, within the guidelines for employees of mission bill pursuant to paragraph (1), the Com- (h)(1) and inserting ‘‘2013’’. the Senate and following all applicable rules mission shall promptly make such proposal, and (3) SUSPENSION OF PERMANENT PRICE SUPPORT and employment requirements of the Senate. a record of the vote, available to the public. AUTHORITIES.—The provisions of law specified (2) ETHICAL STANDARDS.—Members of the (g) TERMINATION.—The Commission shall ter- in subsections (a) through (c) of section 1602 of Commission who serve in the House of Rep- minate 30 days after the vote described in sub- the Food, Conservation, and Energy Act of 2008 resentatives shall be governed by the ethics rules section (f)(1). (7 U.S.C. 8782) shall be suspended— and requirements of the House. Members of the (h) CONSIDERATION OF COMMISSION REC- (A) for the 2013 crop or production year of a Senate who serve on the Commission and staff OMMENDATIONS.—If approved by the majority covered commodity (as that term is defined in of the Commission shall comply with the ethics required by subsection (f)(1), the Commission bill section 1001 of that Act (7 U.S.C. 8702)), pea- rules of the Senate. that has been submitted pursuant to subsection nuts, sugarcane, and sugar, as appropriate; and (e) POWERS.— (f)(2)(A) shall be introduced in the Senate (by (B) in the case of milk, through December 31, (1) HEARINGS AND OTHER ACTIVITIES.—For the request) on the next day on which the Senate is 2013. purpose of carrying out its duties, the Commis- in session by the majority leader of the Senate (c) CONSERVATION PROGRAMS.— sion may hold such hearings and undertake or by a Member of the Senate designated by the (1) CONSERVATION RESERVE.—Section 1231(d) such other activities as the Commission deter- majority leader of the Senate and shall be intro- of the Food Security Act of 1985 (16 U.S.C. mines to be necessary to carry out its duties. duced in the House of Representatives (by re- 3831(d)) is amended in the second sentence by (2) STUDIES BY GENERAL ACCOUNTING OF- quest) on the next legislative day by the major- striking ‘‘and 2012’’ and inserting ‘‘2012, and FICE.—Upon the request of the Commission, the ity leader of the House or by a member of the 2013’’. Comptroller General of the United States shall House designated by the majority leader of the (2) VOLUNTARY PUBLIC ACCESS.—Section 1240R conduct such studies or investigations as the House. of the Food Security Act of 1985 (16 U.S.C. Commission determines to be necessary to carry SEC. 644. CONSUMER OPERATED AND ORIENTED 3839bb–5) is amended by striking subsection (f) out its duties. PLAN PROGRAM CONTINGENCY and inserting the following: (3) COST ESTIMATES BY CONGRESSIONAL BUDG- FUND. ‘‘(f) FUNDING.— ET OFFICE.—Upon the request of the Commis- (a) ESTABLISHMENT.—The Secretary of Health ‘‘(1) FISCAL YEARS 2009 THROUGH 2012.—Of the sion, the Director of the Congressional Budget and Human Services shall establish a fund to be funds of the Commodity Credit Corporation, the Office shall provide to the Commission such cost used to provide assistance and oversight to Secretary shall use to carry out this section, to estimates as the Commission determines to be qualified nonprofit health insurance issuers the maximum extent practicable, $50,000,000 for necessary to carry out its duties. that have been awarded loans or grants under the period of fiscal years 2009 through 2012. (4) DETAIL OF FEDERAL EMPLOYEES.—Upon section 1322 of the Patient Protection and Af- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— the request of the Commission, the head of any fordable Care Act (42 U.S.C. 18042) prior to the There is authorized to be appropriated to carry Federal agency is authorized to detail, without date of enactment of this Act. out this section $10,000,000 for fiscal year 2013.’’. reimbursement, any of the personnel of such (b) TRANSFER AND RESCISSION.— (d) SUPPLEMENTAL NUTRITION ASSISTANCE agency to the Commission to assist the Commis- (1) TRANSFER.—From the unobligated balance PROGRAM.— sion in carrying out its duties. Any such detail of funds appropriated under section 1322(g) of (1) EMPLOYMENT AND TRAINING PROGRAM.— shall not interrupt or otherwise affect the civil the Patient Protection and Affordable Care Act Section 16(h)(1)(A) of the Food and Nutrition service status or privileges of the Federal em- (42 U.S.C. 18042(g)), 10 percent of such sums are Act of 2008 (7 U.S.C. 2025(h)(1)(A)) is amended ployee. hereby transferred to the fund established under by inserting ‘‘, except that for fiscal year 2013, (5) TECHNICAL ASSISTANCE.—Upon the request subsection (a) to remain available until ex- the amount shall be $79,000,000’’ before the pe- of the Commission, the head of a Federal agency pended. riod at the end. shall provide such technical assistance to the (2) RESCISSION.—Except as provided for in (2) NUTRITION EDUCATION.—Section 28(d)(1) of Commission as the Commission determines to be paragraph (1), amounts appropriated under sec- the Food and Nutrition Act of 2008 (7 U.S.C. necessary to carry out its duties. tion 1322(g) of the Patient Protection and Af- 2036a(d)(1)) is amended— (6) USE OF MAILS.—The Commission may use fordable Care Act (42 U.S.C. 18042(g)) that are (A) in subparagraph (A), by striking ‘‘and’’ the United States mails in the same manner and unobligated as of the date of enactment of this after the semicolon at the end; and under the same conditions as Federal agencies. Act are rescinded. (B) by striking subparagraph (B) and insert- (7) OBTAINING INFORMATION.—The Commis- ing the following: sion may secure directly from any Federal agen- TITLE VII—EXTENSION OF AGRICULTURAL ‘‘(B) for fiscal year 2012, $388,000,000; cy information necessary to enable it to carry PROGRAMS ‘‘(C) for fiscal year 2013, $285,000,000; out its duties, if the information may be dis- SEC. 701. 1-YEAR EXTENSION OF AGRICULTURAL ‘‘(D) for fiscal year 2014, $401,000,000; closed under section 552 of title 5, United States PROGRAMS. ‘‘(E) for fiscal year 2015, $407,000,000; and Code. Upon request of the Chairman of the (a) EXTENSION.—Except as otherwise provided ‘‘(F) for fiscal year 2016 and each subsequent Commission, the head of such agency shall fur- in this section and amendments made by this fiscal year, the applicable amount during the nish such information to the Commission. section and notwithstanding any other provi- preceding fiscal year, as adjusted to reflect any (8) ADMINISTRATIVE SUPPORT SERVICES.—Upon sion of law, the authorities provided by each increases for the 12-month period ending the the request of the Commission, the Adminis- provision of the Food, Conservation, and En- preceding June 30 in the Consumer Price Index trator of General Services shall provide to the ergy Act of 2008 (Public Law 110–246; 122 Stat. for All Urban Consumers published by the Bu- Commission on a reimbursable basis such admin- 1651) and each amendment made by that Act reau of Labor Statistics of the Department of istrative support services as the Commission may (and for mandatory programs at such funding Labor.’’. request. levels), as in effect on September 30, 2012, shall (e) RESEARCH PROGRAMS.— (f) COMMISSION CONSIDERATION.— continue, and the Secretary of Agriculture shall (1) ORGANIC AGRICULTURE RESEARCH AND EX- (1) APPROVAL OF REPORT AND LEGISLATIVE carry out the authorities, until the later of— TENSION INITIATIVE.—Section 1672B(f) of the LANGUAGE.— (1) September 30, 2013; or Food, Agriculture, Conservation, and Trade Act (A) IN GENERAL.—Not later than 6 months (2) the date specified in the provision of that of 1990 (7 U.S.C. 5925b(f)) is amended— after appointment of the members of the Com- Act or amendment made by that Act. (A) in the heading of paragraph (1), by strik- mission (as described in subsection (c)(1)), the (b) COMMODITY PROGRAMS.— ing ‘‘IN GENERAL’’ and inserting ‘‘MANDATORY Commission shall vote on a comprehensive and (1) IN GENERAL.—The terms and conditions FUNDING FOR FISCAL YEARS 2009 THROUGH 2012’’; detailed report based on the long-term care plan applicable to a covered commodity or loan com- (B) in the heading of paragraph (2), by strik- described in subsection (b)(1) that contains any modity (as those terms are defined in section ing ‘‘ADDITIONAL FUNDING’’ and inserting ‘‘DIS- recommendations or proposals for legislative or 1001 of the Food, Conservation, and Energy Act CRETIONARY FUNDING FOR FISCAL YEARS 2009 administrative action as the Commission deems of 2008 (7 U.S.C. 8702)) or to peanuts, sugar- THROUGH 2012’’; and appropriate, including proposed legislative lan- cane, or sugar beets for the 2012 crop year pur- (C) by adding at the end the following:

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‘‘(3) FISCAL YEAR 2013.—There is authorized to (1)(A) and (2)(A) by striking ‘‘2012’’ each place (4) ORGANIC PRODUCTION AND MARKET DATA be appropriated to carry out this section it appears and inserting ‘‘2013’’. INITIATIVES.—Section 7407(d) of the Farm Secu- $25,000,000 for fiscal year 2013.’’. (10) BIOMASS CROP ASSISTANCE PROGRAM.— rity and Rural Investment Act of 2002 (7 U.S.C. (2) SPECIALTY CROP RESEARCH INITIATIVE.— Section 9011(f) of the Farm Security and Rural 5925c(d)) is amended— Section 412(h) of the Agricultural Research, Ex- Investment Act of 2002 (7 U.S.C. 8111(f)) is (A) in the heading of paragraph (1), by strik- tension, and Education Reform Act of 1998 (7 amended— ing ‘‘IN GENERAL’’ and inserting ‘‘MANDATORY U.S.C. 7632(h)) is amended— (A) by striking ‘‘(f) FUNDING.—Of the funds’’ FUNDING THROUGH FISCAL YEAR 2012’’; (A) in the heading of paragraph (1), by strik- and inserting ‘‘(f) FUNDING.— (B) in the heading of paragraph (2), by strik- ing ‘‘IN GENERAL’’ and inserting ‘‘MANDATORY ‘‘(1) FISCAL YEARS 2008 THROUGH 2012.—Of the ing ‘‘ADDITIONAL FUNDING’’ and inserting ‘‘DIS- FUNDING FOR FISCAL YEARS 2008 THROUGH 2012’’; funds’’; and CRETIONARY FUNDING FOR FISCAL YEARS 2008 (B) in the heading of paragraph (2), by insert- (B) adding at the end the following: THROUGH 2012’’; and ing ‘‘FOR FISCAL YEARS 2008 THROUGH 2012’’ after ‘‘(2) FISCAL YEAR 2013.— (C) by adding at the end the following: ‘‘APPROPRIATIONS’’; ‘‘(A) IN GENERAL.—There is authorized to be ‘‘(3) FISCAL YEAR 2013.—There is authorized to (C) by redesignating paragraphs (3) and (4) as appropriated to carry out this section $20,000,000 be appropriated to carry out this section paragraphs (4) and (5), respectively; and for fiscal year 2013. $5,000,000, to remain available until expended.’’. (D) by inserting after paragraph (2) the fol- ‘‘(B) MULTIYEAR CONTRACTS.—For each (h) OUTREACH AND TECHNICAL ASSISTANCE FOR lowing: multiyear contract entered into by the Secretary SOCIALLY DISADVANTAGED FARMERS OR RANCH- ‘‘(3) FISCAL YEAR 2013.—There is authorized to during a fiscal year under this paragraph, the ERS.—Section 2501(a)(4) of the Food, Agri- be appropriated to carry out this section Secretary shall ensure that sufficient funds are culture, Conservation, and Trade Act of 1990 (7 $100,000,000 for fiscal year 2013.’’. obligated from the amounts appropriated for U.S.C. 2279(a)(4)) is amended— (3) BEGINNING FARMER AND RANCHER DEVELOP- that fiscal year to fully cover all payments re- (1) in the heading of subparagraph (A), by MENT PROGRAM.—Section 7405(h) of the Farm quired by the contract for all years of the con- striking ‘‘IN GENERAL’’ and inserting ‘‘FISCAL Security and Rural Investment Act of 2002 (7 tract.’’. YEARS 2009 THROUGH 2012’’; U.S.C. 3319f(h)) is amended— (11) FOREST BIOMASS FOR ENERGY.—Section (2) by redesignating subparagraphs (B) and (A) in the heading of paragraph (1), by strik- 9012(d) of the Farm Security and Rural Invest- (C) as subparagraphs (C) and (D), respectively; (3) by inserting after subparagraph (A) the ing ‘‘IN GENERAL’’ and inserting ‘‘MANDATORY ment Act of 2002 (7 U.S.C. 8112(d)) is amended following: FUNDING FOR FISCAL YEARS 2009 THROUGH 2012’’; by striking ‘‘2012’’ and inserting ‘‘2013’’. ISCAL YEAR 2013.—There is authorized to (B) in the heading of paragraph (2), by insert- (12) COMMUNITY WOOD ENERGY PROGRAM.— ‘‘(B) F be appropriated to carry out this section ing ‘‘FOR FISCAL YEARS 2008 THROUGH 2012’’ after Section 9013(e) of the Farm Security and Rural $20,000,000 for fiscal year 2013.’’; ‘‘APPROPRIATIONS’’; and Investment Act of 2002 (7 U.S.C. 8113(e)) is (4) in subparagraph (C) (as so redesignated), (C) by adding at the end the following: amended by striking ‘‘2012’’ and inserting by striking ‘‘subparagraph (A)’’ and inserting ‘‘(3) FISCAL YEAR 2013.—There is authorized to ‘‘2013’’. be appropriated to carry out this section (g) HORTICULTURE AND ORGANIC AGRICULTURE ‘‘subparagraph (A) or (B)’’; and (5) in subparagraph (D) (as so redesignated), $30,000,000 for fiscal year 2013.’’. PROGRAMS.— by striking ‘‘subparagraph (A)’’ and inserting (f) ENERGY PROGRAMS.— (1) FARMERS MARKET PROMOTION PROGRAM.— ‘‘subparagraph (A) or (B)’’. (1) BIOBASED MARKETS PROGRAM.—Section Section 6(e) of the Farmer-to-Consumer Direct (i) EXCEPTIONS.— 9002(h) of the Farm Security and Rural Invest- Marketing Act of 1976 (7 U.S.C. 3005(e)) is amended— (1) IN GENERAL.—Subsection (a) does not ment Act of 2002 (7 U.S.C. 8102(h)) is amended apply with respect to mandatory funding pro- in paragraph (2) by striking ‘‘2012’’ and insert- (A) in the heading of paragraph (1), by strik- ing ‘‘IN GENERAL’’ and inserting ‘‘FISCAL YEARS vided by programs authorized by provisions of ing ‘‘2013’’. law amended by subsections (d) through (h). (2) BIOREFINERY ASSISTANCE.—Section 2008 THROUGH 2012’’; (B) by redesignating paragraphs (2), (3), and (2) CONSERVATION.—Subsection (a) does not 9003(h)(2) of the Farm Security and Rural In- apply with respect to the programs specified in vestment Act of 2002 (7 U.S.C. 8103(h)(2)) is (4) as paragraphs (3), (4), and (5), respectively; (C) by inserting after paragraph (1) the fol- paragraphs (3)(B), (4), (6), and (7) of section amended by striking ‘‘2012’’ and inserting 1241(a) of the Food Security Act of 1985 (16 ‘‘2013’’. lowing: ‘‘(2) FISCAL YEAR 2013.—There is authorized to U.S.C. 3841(a)), relating to the conservation (3) REPOWERING ASSISTANCE.—Section be appropriated to carry out this section stewardship program, farmland protection pro- 9004(d)(2) of the Farm Security and Rural In- gram, environmental quality incentives pro- vestment Act of 2002 (7 U.S.C. 8104(d)(2)) is $10,000,000 for fiscal year 2013.’’; (D) in paragraph (3) (as so redesignated), by gram, and wildlife habitat incentives program, amended by striking ‘‘2012’’ and inserting striking ‘‘paragraph (1)’’ and inserting ‘‘para- for which program authority was extended ‘‘2013’’. graph (1) or (2)’’; and through fiscal year 2014 by section 716 of Public (4) BIOENERGY PROGRAM FOR ADVANCED (E) in paragraph (5) (as so redesignated), by Law 112–55 (125 Stat. 582). BIOFUELS.—Section 9005(g)(2) of the Farm Secu- striking ‘‘paragraph (2)’’ and inserting ‘‘para- (3) TRADE.—Subsection (a) does not apply rity and Rural Investment Act of 2002 (7 U.S.C. graph (3)’’. with respect to the following provisions of law: 8105(g)(2)) is amended by striking ‘‘2012’’ and (2) NATIONAL CLEAN PLANT NETWORK.—Section (A) Section 3206 of the Food, Conservation, inserting ‘‘2013’’. 10202(e) of the Food, Conservation, and Energy and Energy Act of 2008 (7 U.S.C. 1726c) relating (5) BIODIESEL FUEL EDUCATION PROGRAM.— Act of 2008 (7 U.S.C. 7761(e)) is amended— to the use of Commodity Credit Corporation Section 9006 of the Farm Security and Rural In- (A) by striking ‘‘Of the funds’’ and inserting funds to support local and regional food aid vestment Act of 2002 (7 U.S.C. 8106) is amended the following: procurement projects. by striking subsection (d) and inserting the fol- ‘‘(1) FISCAL YEARS 2009 THROUGH 2012.—Of the (B) Section 3107(l)(1) of the Farm Security and lowing: funds’’; and Rural Investment Act of 2002 (7 U.S.C. 1736o– ‘‘(d) FUNDING.— (B) by adding at the end the following: 1(l)(1)) relating to the use of Commodity Credit ‘‘(1) FISCAL YEARS 2009 THROUGH 2012.—Of the ‘‘(2) FISCAL YEAR 2013.—There is authorized to Corporation funds to carry out the McGovern- funds of the Commodity Credit Corporation, the be appropriated to carry out the Program Dole International Food for Education and Secretary shall use to carry out this section $5,000,000 for fiscal year 2013.’’. Child Nutrition Program. $1,000,000 for each of fiscal years 2008 through (3) NATIONAL ORGANIC CERTIFICATION COST- (4) SURVEY OF FOODS PURCHASED BY SCHOOL 2012. SHARE PROGRAM.—Section 10606 of the Farm Se- FOOD AUTHORITIES.—Subsection (a) does not ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— curity and Rural Investment Act of 2002 (7 apply with respect to section 4307 of the Food, There is authorized to be appropriated to carry U.S.C. 6523) is amended— Conservation, and Energy Act of 2008 (Public out this section $1,000,000 for fiscal year 2013.’’. (A) in subsection (a), by striking ‘‘Of funds of Law 110–246; 122 Stat. 1893) relating to the use (6) RURAL ENERGY FOR AMERICA PROGRAM.— the Commodity Credit Corporation, the Sec- of Commodity Credit Corporation funds for a Section 9007(g)(3) of the Farm Security and retary of Agriculture (acting through the Agri- survey and report regarding foods purchased by Rural Investment Act of 2002 (7 U.S.C. cultural Marketing Service) shall use $22,000,000 school food authorities. 8107(g)(3)) is amended by striking ‘‘2012’’ and for fiscal year 2008, to remain available until ex- (5) RURAL DEVELOPMENT.—Subsection (a) does inserting ‘‘2013’’. pended, to’’ and inserting ‘‘The Secretary of Ag- not apply with respect to the following provi- (7) BIOMASS RESEARCH AND DEVELOPMENT.— riculture (acting through the Agricultural Mar- sions of law: Section 9008(h)(2) of the Farm Security and keting Service) shall’’; and (A) Section 379E(d)(1) of the Consolidated Rural Investment Act of 2002 (7 U.S.C. (B) by adding at the end the following: Farm and Rural Development Act (7 U.S.C. 8108(h)(2)) is amended by striking ‘‘2012’’ and ‘‘(d) FUNDING.— 2008s(d)(1)), relating to funding of the rural inserting ‘‘2013’’. ‘‘(1) MANDATORY FUNDING FOR FISCAL YEARS microentrepreneur assistance program. (8) RURAL ENERGY SELF-SUFFICIENCY INITIA- 2008 THROUGH 2012.—Of the funds of the Com- (B) Section 6029 of the Food, Conservation, TIVE.—Section 9009(d) of the Farm Security and modity Credit Corporation, the Secretary shall and Energy Act of 2008 (Public Law 110–246; 122 Rural Investment Act of 2002 (7 U.S.C. 8109(d)) make available to carry out this section Stat. 1955) relating to funding of pending rural is amended by striking ‘‘2012’’ and inserting $22,000,000 for the period of fiscal years 2008 development loan and grant applications. ‘‘2013’’. through 2012. (C) Section 231(b)(7)(A) of the Agricultural (9) FEEDSTOCK FLEXIBILITY PROGRAM FOR BIO- ‘‘(2) FISCAL YEAR 2013.—There is authorized to Risk Protection Act of 2000 (7 U.S.C. ENERGY PRODUCERS.—Section 9010(b) of the be appropriated to carry out this section 1632a(b)(7)(A)), relating to funding of value- Farm Security and Rural Investment Act of 2002 $22,000,000 for fiscal year 2013, to remain avail- added agricultural market development program (7 U.S.C. 8110(b)) is amended in paragraphs able until expended.’’. grants.

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(D) Section 375(e)(6)(B) of the Consolidated TITLE VIII—MISCELLANEOUS PROVISIONS ‘‘(E) SPECIAL RULE FOR CERTAIN TRANSFERS.— Farm and Rural Development Act (7 U.S.C. SEC. 801. STRATEGIC DELIVERY SYSTEMS. In the case of an applicable retirement plan 2008j(e)(6)(B)) relating to the use of Commodity (a) IN GENERAL.—Paragraph 3 of section which includes a qualified Roth contribution Credit Corporation funds for the National Sheep 495(c) of title 10, United States Code,, as added program— Industry Improvement Center. by section 1035 of the National Defense Author- ‘‘(i) the plan may allow an individual to elect (6) MARKET LOSS ASSISTANCE FOR ASPARAGUS ization Act for Fiscal Year 2013, is amended— to have the plan transfer any amount not other- PRODUCERS.—Subsection (a) does not apply with (1) by striking ‘‘that’’ before ‘‘the Russian wise distributable under the plan to a des- respect to section 10404(d) of the Food, Con- Federation’’ and inserting ‘‘whether’’; and ignated Roth account maintained for the benefit servation, and Energy Act of 2008 (Public Law (2) by inserting ‘‘strategic’’ before ‘‘arms con- of the individual, 110–246; 122 Stat. 2112). trol obligations’’. ‘‘(ii) such transfer shall be treated as a dis- (7) SUPPLEMENTAL AGRICULTURAL DISASTER (b) EFFECTIVE DATE.—The amendments made tribution to which this paragraph applies which ASSISTANCE.—Subsection (a) does not apply with by subsection (a) shall take effect as if included was contributed in a qualified rollover contribu- respect to section 531 of the Federal Crop Insur- in the enactment of the National Defense Au- tion (within the meaning of section 408A(e)) to ance Act (7 U.S.C. 1531) and title IX of the thorization Act for Fiscal Year 2013. such account, and Trade Act of 1974 (19 U.S.C. 2497 et seq.) relat- SEC. 802. NO COST OF LIVING ADJUSTMENT IN ‘‘(iii) the plan shall not be treated as violating ing to the provision of supplemental agricultural PAY OF MEMBERS OF CONGRESS. the provisions of section 401(k)(2)(B)(i), disaster assistance. Notwithstanding any other provision of law, 403(b)(7)(A)(i), 403(b)(11), or 457(d)(1)(A), or of (8) PIGFORD CLAIMS.—Subsection (a) does not no adjustment shall be made under section section 8433 of title 5, United States Code, solely apply with respect to section 14012 of the Food, 601(a) of the Legislative Reorganization Act of by reason of such transfer.’’. Conservation, and Energy Act of 2008 (Public 1946 (2 U.S.C. 31) (relating to cost of living ad- Law 110–246; 122 Stat. 2209) relating to deter- (b) EFFECTIVE DATE.—The amendment made justments for Members of Congress) during fiscal mination on the merits of Pigford claims. by this section shall apply to transfers after De- (9) HEARTLAND, HABITAT, HARVEST, AND HOR- year 2013. cember 31, 2012, in taxable years ending after TICULTURE ACT OF 2008.—Subsection (a) does not TITLE IX—BUDGET PROVISIONS such date. apply with respect to title XV of the Food, Con- Subtitle A—Modifications of Sequestration Subtitle B—Budgetary Effects servation, and Energy Act of 2008 (Public Law SEC. 901. TREATMENT OF SEQUESTER. SEC. 911. BUDGETARY EFFECTS. 110–246; 122 Stat. 2246), and amendments made (a) ADJUSTMENT.—Section 251A(3) of the Bal- by that title, relating to the provision of supple- (a) PAYGO SCORECARD.—The budgetary ef- anced Budget and Emergency Deficit Control fects of this Act shall not be entered on either mental agricultural disaster assistance under Act of 1985 is amended— title IX of the Trade Act of 1974 (19 U.S.C. 2497 PAYGO scorecard maintained pursuant to sec- (1) in subparagraph (C), by striking ‘‘and’’ tion 4(d) of the Statutory Pay-As-You-Go Act of et seq.), certain revenue and tax provisions, and after the semicolon; certain trade benefits and other matters. 2010. (2) in subparagraph (D), by striking the pe- (b) SENATE PAYGO SCORECARD.—The budg- (j) EFFECTIVE DATE.—Except as otherwise pro- riod and inserting‘‘ ; and’’; and vided in this section, this section and the etary effects of this Act shall not be entered on (3) by inserting at the end the following: any PAYGO scorecard maintained for purposes amendments made by this section take effect on ‘‘(E) for fiscal year 2013, reducing the amount the earlier of— of section 201 of S. Con. Res. 21 (110th Con- calculated under subparagraphs (A) through gress). (1) the date of the enactment of this Act; or (D) by $24,000,000,000.’’. (2) September 30, 2012. Amend the title so as to read: ‘‘An Act en- (b) AFTER SESSION SEQUESTER.—Notwith- titled the ‘American Taxpayer Relief Act of SEC. 702. SUPPLEMENTAL AGRICULTURAL DIS- standing any other provision of law, the fiscal ASTER ASSISTANCE. 2012’.’’. year 2013 spending reductions required by sec- (a) IN GENERAL.—Section 531 of the Federal MOTION TO CONCUR Crop Insurance Act (7 U.S.C. 1531) is amended— tion 251(a)(1) of the Balanced Budget and Emer- (1) in subsection (a)(5)— gency Deficit Control Act of 1985 shall be evalu- The SPEAKER pro tempore. The (A) in the matter preceding clause (i), by ated and implemented on March 27, 2013. Clerk will designate the motion. striking the first ‘‘under’’; and (c) POSTPONEMENT OF BUDGET CONTROL ACT The text of the motion is as follows: (B) by redesignating clauses (i) through (iii) SEQUESTER FOR FISCAL YEAR 2013.—Section as subparagraphs (A), (B), and (C), respectively, 251A of the Balanced Budget and Emergency Mr. Camp moves that the House concur in and indenting appropriately; Deficit Control Act of 1985 is amended— the Senate amendments to H.R. 8. (2) in subsection (c)— (1) in paragraph (4), by striking ‘‘January 2, The SPEAKER pro tempore. Pursu- (A) in paragraph (1), by striking ‘‘use such 2013’’ and inserting ‘‘March 1, 2013’’; and ant to House Resolution 844, the mo- sums as are necessary from the Trust Fund to’’; (2) in paragraph (7)(A), by striking ‘‘January and 2, 2013’’ and inserting ‘‘March 1, 2013’’. tion shall be debatable for 1 hour, (B) by adding at the end the following: (d) ADDITIONAL ADJUSTMENTS.— equally divided and controlled by the ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— (1) SECTION 251.—Paragraphs (2) and (3) of chair and ranking minority member of There is authorized to be appropriated to carry section 251(c) of the Balanced Budget and Emer- the Committee on Ways and Means. out this subsection $80,000,000 for each of fiscal gency Deficit Control Act of 1985 are amended to The gentleman from Michigan (Mr. years 2012 and 2013.’’; read as follows: CAMP) and the gentleman from Michi- (3) in subsection (d)— ‘‘(2) for fiscal year 2013— gan (Mr. LEVIN) each will control 30 (A) in paragraph (2), by striking ‘‘use such ‘‘(A) for the security category, as defined in sums as are necessary from the Trust Fund to’’; section 250(c)(4)(B), $684,000,000,000 in budget minutes. and authority; and The Chair recognizes the gentleman (B) by adding at the end the following: ‘‘(B) for the nonsecurity category, as defined from Michigan (Mr. CAMP). ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— in section 250(c)(4)(A), $359,000,000,000 in budget There is authorized to be appropriated to carry GENERAL LEAVE authority; out this subsection $400,000,000 for each of fiscal ‘‘(3) for fiscal year 2014— Mr. CAMP. Mr. Speaker, I ask unani- years 2012 and 2013.’’; ‘‘(A) for the security category, $552,000,000,000 mous consent that all Members may (4) in subsection (e)— (A) in paragraph (1), by striking ‘‘use up to in budget authority; and have 5 legislative days in which to re- $50,000,000 per year from the Trust Fund to’’; ‘‘(B) for the nonsecurity category, vise and extend their remarks and to and $506,000,000,000 in budget authority;’’. include extraneous material on H.R. 8. (B) by adding at the end the following: (e) 2013 SEQUESTER.—On March 1, 2013, the The SPEAKER pro tempore. Is there ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— President shall order a sequestration for fiscal year 2013 pursuant to section 251A of the Bal- objection to the request of the gen- There is authorized to be appropriated to carry tleman from Michigan? out this subsection $50,000,000 for each of fiscal anced Budget and Emergency Deficit Control years 2012 and 2013.’’; Act of 1985, as amended by this section, pursu- There was no objection. (5) in subsection (f)— ant to which, only for the purposes of the cal- Mr. CAMP. Mr. Speaker, I yield my- (A) in paragraph (2)(A), by striking ‘‘use such culation in sections 251A(5)(A), 251A(6)(A), and self such time as I may consume. sums as are necessary from the Trust Fund to’’; 251A(7)(A), section 251(c)(2) shall be applied as Mr. Speaker, I rise today to urge if it read as follows: and what a colleague from Georgia called a (B) by adding at the end the following: ‘‘(2) For fiscal year 2013— ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) for the security category, $544,000,000,000 legacy vote—making permanent the There is authorized to be appropriated to carry in budget authority; and tax cuts Republicans enacted back in out this subsection $20,000,000 for each of fiscal ‘‘(B) for the nonsecurity category, 2001 and 2003. I couldn’t agree more, years 2012 and 2013.’’; and $499,000,000,000 in budget authority;’’. and let me say why: because we’re (6) in subsection (i), by inserting ‘‘or, in the SEC. 902. AMOUNTS IN APPLICABLE RETIREMENT making permanent tax policies Repub- case of subsections (c) through (f), September 30, PLANS MAY BE TRANSFERRED TO licans originally crafted. 2013’’ after ‘‘2011,’’. DESIGNATED ROTH ACCOUNTS (b) EFFECTIVE DATE.—The amendments made WITHOUT DISTRIBUTION. Now back then, despite having a ma- by subsection (a) shall take effect on October 1, (a) IN GENERAL.—Section 402A(c)(4) is amend- jority in the House, a majority in the 2012. ed by adding at the end the following: Senate, and a Republican in the White

VerDate Mar 15 2010 05:34 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A01JA7.019 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7552 CONGRESSIONAL RECORD — HOUSE January 1, 2013 House, those policies were only tem- for 2 million unemployed American Well, Mr. Speaker, there’s $4 trillion porary. That’s because Democrats re- workers who need continuation of their of new debt and deficit and there’s no fused to join Republicans in providing insurance while they continue to look pay-for, and there’s no anticipation of tax relief for working families. Well, for work. a pay-for. after more than a decade of criticizing It is vital for 30 million middle-in- In the last night, or the last 2 days, these tax cuts, Democrats are finally come Americans who otherwise would of a Congress, to say that 2 months joining with Republicans in making have been hit by the alternative min- from now a new Congress is going to do these tax cuts permanent. Republicans imum tax. And it’s vital for 25, and I what we’re not doing here today is not and the American people are getting emphasize this, 25 million working something I can bring myself to do. something really important—perma- families and students who benefit from I would like to vote for this because nent tax relief. the Child Tax Credit, the Earned In- I do vote for lower taxes. I want Ameri- As big as that is, and it’s only the come Tax Credit and the American Op- cans to have lower taxes. But the other first step when it comes to taxes, this portunity Tax Credit, which helps fam- day, in conference, one of my col- legislation settles the level of revenue ilies pay for college. leagues pointed out that if, in fact, Washington should bring in. Next, we And it’s vital for physicians and mil- you’re spending the money, you’re tax- need to make the Tax Code simpler and lions of their patients who would have ing our future generation. fairer for families and small busi- been hurt by drastic cuts in Medicare We are taxing $1.2 trillion next year. nesses, and we need to pursue com- reimbursement rates. It’s also vital for We are taxing $1.2 trillion. We won’t prehensive and fundamental tax reform businesses, through an extension of im- collect it, but we are taxing $1.2 tril- to create the jobs we need and to make portant tax provisions such as the R&D lion of deficit. American businesses and workers com- credit, and also renewable energy in- The chairman of the Ways and Means petitive in the global marketplace. centives that must continue in this Committee, Mr. CAMP, rightfully so Simply put, the Tax Code is a night- great country of ours, and bonus depre- said we’re also not simplifying the Tax mare. It’s too complex, too time-con- ciation to encourage business invest- Code. We’re not making it better or suming, and too costly. About 60 per- ments. fairer. We’re not getting rid of the But I want to emphasize this, some- cent of individual taxpayers have to NASCAR loophole. We’re not getting what in contrast to what our chairman hire others to do their tax returns be- rid of the electric motor scooter low- has said: this legislation breaks the cause the code is too complicated. As a speed loophole. We’re not getting rid of iron barrier that for far too long has result, if tax compliance were an indus- a whole lot of tax things that are here. prevented additional tax revenues from try, it would be one of the largest in But most importantly, we’re not tak- the very wealthiest. It raises $620 bil- ing things that the President himself the United States and would consume lion in revenue by achieving the Presi- 6.1 billion hours, the equivalent of said he would be for, like getting the dent’s goal of asking the wealthiest 2 calculation of chained CPI, of the con- more than 3 million full-time workers. percent of Americans to pay more, And yes, it’s too costly. In 2008 alone, sumer price index for Social Security while protecting 98 percent of families. and the Federal workforce and pen- taxpayers spent $163 billion complying That’s right, that’s what it does. And sions right, which, would, in fact, re- with the individual and corporate in- 97 percent—I want to emphasize this, come tax rules. Add to that the fact duce the deficit going forward. contrary to propaganda coming from So because of what we’re not doing, I that the U.S. has the highest corporate the other side, 97 percent of small busi- cannot believe that this tax cut will, in tax rate in the OECD and an outdated nesses from any tax increase. fact, be followed with a spending cut to system of taxation, and it’s not too dif- And, lastly—and this needs to be em- ficult to imagine why many don’t view phasized especially in view, Mr. Chair- offset any part of the $4 trillion we’re America as an attractive place to in- man, of your comments—this package putting on the backs of future genera- vest and hire. is vital for future deficit reduction ef- tions. Nothing about the bill we’re consid- forts, setting the stage for a balanced So I thank all of you who will vote ering tonight changes any of those re- approach from here on out by delaying for it. I cannot bring myself to vote for alities. That’s why the Ways and sequestration through 1–1 revenue to it tonight. Means Committee will pursue com- spending cuts. Mr. LEVIN. I yield myself 15 seconds. prehensive tax reform in the next Con- Yesterday, President Obama again We Democrats sat on Ways and gress. So by making Republican tax said he is committed to deficit reduc- Means, time after time, when Repub- cuts permanent, we’re one step closer tion, but he emphasized several times, licans passed tax cuts and never to comprehensive tax reform that will and I quote: brought $1 to the table to pay for it. help strengthen our economy and cre- We’ve got to do this in a balanced, respon- They thought that that was the way to ate more and higher paychecks for sible way with additional revenues as well as promote economic growth. How wrong American workers. spending cuts, so I urge its passage. they were. I urge my colleagues to support this This bill sets the important prece- It’s now my privilege to yield 1 bill and get us one step closer to tax re- dent I mentioned in terms of additional minute to a person who has the title form. revenues as well as spending cuts. The ‘‘leader,’’ but who has been so much I reserve the balance of my time. time is urgent. The time is now. We more than a titular leader, who has Mr. LEVIN. Mr. Speaker, I yield my- should support this legislation. valiantly led our efforts, and we owe to self such time as I may consume. This I reserve the balance of my time. NANCY PELOSI a real debt of gratitude is a bipartisan bill, and I will try to Mr. CAMP. At this time, I yield 3 for our being where we are today. keep it within that spirit to the extent minutes to the gentleman from Cali- With real pleasure, I yield 1 minute possible. fornia (Mr. ISSA), the distinguished to our distinguished leader, the gentle- As we are here today on January 1, chairman of the Oversight and Govern- woman from California (Ms. PELOSI). hours away from Americans returning ment Reform Committee. Ms. PELOSI. I thank the gentleman to work, markets reopening around the (Mr. ISSA asked and was given per- for yielding. I thank him for his great world, and all eyes focusing on whether mission to revise and extend his re- leadership as our ranking member on this institution can govern, this legis- marks.) the Ways and Means Committee and lation allows us to get done what we Mr. ISSA. Mr. Speaker, I’d like to be for bringing the clarity to our thinking need to get done. speaking for this bill, but I can’t. In on this important subject that we are the 12 years, almost to the day, that dealing with this evening. b 2150 I’ve served in this body, I’ve voted for My colleagues, many of us this morn- This bill is vital for our Nation’s eco- every tax cut, every tax cut. And I re- ing began the day with the Vice Presi- nomic well-being and, I want to empha- member many of my colleagues, many dent of the United States coming to size, for its standing as the world’s of them friends to my right here, who, the Democratic Caucus and speaking to most important economy. It is vital for each time we voted for them said, us about legislation that passed the 114 million middle class families whose where is the PAYGO? Where is the pay- Senate last night 89–8. That is abso- tax cuts are made permanent. It’s vital for? lutely historic. It was legislation that

VerDate Mar 15 2010 04:42 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.049 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7553 he helped negotiate, working with the 97 percent of America’s small busi- Mr. RANGEL. This is no profile in Republican and Democratic leaders in nesses. We will support our middle courage for me to be voting for this the United States Senate. class and strengthen it by supporting bill. It reminds me of the joke we use It was a remarkable accomplishment the child tax credits, tax credits for to have on Lennox Avenue, where because, as we all know, while we share higher education, the American oppor- someone stopped hitting you on the the same goals, we sometimes have dif- tunity tax credit, the earned income head with a hammer and you’re sup- ferent paths to achieving them; and tax credit, and the like. posed to say, ‘‘Thank you so much for reconciling our differences was a mon- Our distinguished ranking member the relief.’’ umental task, especially with the time went through some of the provisions, We created this monster. We’re the growing short. but it’s important to see them in light ones that have said—at least the Con- So we appreciate the leadership of of what they mean to America’s work- gress has said in the majority in the the Vice President. We appreciate the ing families. By voting for this agree- House—do what you have to do but, for leadership of the Republican and ment, we will demonstrate that we God’s sake, don’t ask the top 2 percent Democratic leaders in the Senate, and have listened to the American people of the wealthiest people in this civ- we thank Speaker BOEHNER for bring- and we have heeded their call, once ilized country to pay their fair share. ing this legislation to the floor. again, to work together in a bipartisan And while you’re thinking about tax- Hopefully, we can duplicate the way. ing people, why don’t you start talking strong bipartisan vote that the legisla- I want to salute President Obama. He about cutting people off from unem- tion received in the United States Sen- campaigned on strengthening the mid- ployment compensation? Why don’t ate. And why is that important? dle class—I think all of us probably you think about not providing so much It’s important because the American did—and this is one way for us to fulfill for the sick and the aged? Why don’t people told us in the election they that promise. I don’t know any piece of you start privatizing these things? wanted us to work together. They have legislation that I’ve ever voted for that This was not the America that I their differences too. They understand did everything that I thought it should knew when I came to the Congress. disagreement. They also understand do, but this is a very, very strong first This was something that a handful of compromise, and that is what this leg- step as we go into the new year. Let us people from nowhere came here and islation represents. send a message to the American people started preaching that we had to de- I listened attentively to the previous that, again, while this bill doesn’t ac- stroy Big Government and the vulner- speaker who said he was voting for the complish all that we need to do to grow able who had no lobbyists, who had no bill for what was not in it. That’s an the economy, reduce the deficit, and one to come to, were saved by us, by interesting approach. We can judge all strengthen the middle class, it is a responsible people who came together of the legislation that we vote on for good way for us to have a happy start and said, basically, Have you lost your what is in it or vote against it for what to a new year by taking this first step. mind? What are you doing? How can I hope that as, again, you balance the is not in it. But at some point you you go home and tell the people this is equities, the pros and cons of this legis- strike a balance. You balance the equi- what you created? lation, that you will weigh heavily in ties. And so we paused and common sense favor of the message that it sends to Where do you come out in terms of has prevailed, and we can at least go the kitchen tables of America about making a choice? back home and say, Not now, but the respect we have for them in meet- they’re coming again. b 2200 ing their needs, meeting their chal- They have all types of words that lenges, honoring their aspirations. This I hope we will reflect the will and they’re using, like the debt ceiling, but great middle class is the backbone of heed the call of the American people to all it means is that they’re coming our democracy. Let us all be very pa- work together and follow the lead of after us and they’re coming after the triotic tonight and support our middle the Senate with strong bipartisan sup- President. They’ll be talking about se- port. What do they want us to do? class and support our democracy. Vote ‘‘aye’’ on this strong bipartisan legisla- questration. What will it mean? Cut- What are their priorities? They want ting benefits from people that need us to create jobs. They want us to grow tion which passed 89–8 in the United States Senate. Let’s step up to the them the most. the economy. They want us to invest in And with all due regards to the other plate to do that in the House of Rep- education. They want us to reduce the body for once doing what the House resentatives. deficit. They want us to strengthen the could not get together in doing, we middle class. And that is what this leg- I urge my colleagues to vote ‘‘aye.’’ Mr. CAMP. Mr. Speaker, I yield my- never even saw how they paid for some islation does. It does so in a way that self 45 seconds. of these things, things that we would is not complete but is an important This is the first step. And now that have handled differently when we had first step. we have permanently settled how much to pay for those doctors who work very We talked much about the gloom and revenue the government is going to hard for the Medicare. And people say, doom of what would happen if we went take out of the economy, we can move Well, how are you paying for them? over the cliff. Well, let’s talk instead on to next steps. We can and will pur- And everyone had amnesia in not about what happens if we don’t go over sue comprehensive tax reform this knowing. Well, after it’s over, they’ll the cliff. And I believe that we will not, year, in 2013, and next steps. We need get paid, but this Congress will make seeing the vote on the rule this to address the fundamental driver of certain that the providers of health evening. I believe that we will heed the our deficits and debt, and that is out- care are not penalized for this Congress American people and come together of-control spending. doing the right thing. with a strong vote. I urge support for this bill, and I re- Mr. CAMP. I yield 30 seconds to the By voting for this legislation and serve the balance of my time. distinguished gentleman from Texas passing it in a strong way we’ll in- Mr. LEVIN. I yield myself 15 seconds. (Mr. GOHMERT). crease the confidence of consumers, of I just don’t want the chairman’s Mr. GOHMERT. I just wanted to the markets, of businesses, of employ- statement that this settles perma- thank so many on the other side after ers to hire more. We will extend unem- nently how much revenue will be made all these years for finally acknowl- ployment insurance to people who have available. The President has made edging publicly that 98 percent of the lost their jobs through no fault of their clear there has to be a balanced ap- Bush tax cuts helped the middle class. own. This is very, very important not proach, and no one should be misled Mr. LEVIN. I will yield to my temp- only to those individuals, but to our into thinking otherwise, no one. tation to respond, and I will now yield economy, because this is money that is I yield 2 minutes to the distinguished 2 minutes to another distinguished spent immediately injecting demand gentleman from New York (Mr. RAN- gentleman, a member of our com- into the economy, creating jobs. GEL). mittee, Mr. NEAL of Massachusetts. We’ll extend permanent tax relief for (Mr. RANGEL asked and was given Mr. NEAL. Thank you, Mr. LEVIN. the middle class—more than 98 percent permission to revise and extend his re- At this late hour, let me point some- of the American taxpayers, more than marks.) thing out and take exception to what

VerDate Mar 15 2010 04:42 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.051 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7554 CONGRESSIONAL RECORD — HOUSE January 1, 2013 Chairman CAMP said at the outset of would have required $6 trillion head- tax credit. Many of you, regardless of his remarks. We’re here tonight be- room in the debt ceiling. which State you come from, your con- cause, despite what the gentleman Now, we cannot continue to have the stituents have taken advantage of that from Texas just said as well, you can’t world’s largest and most expensive great program. Almost 400,000 have cut taxes by $2.3 trillion over 12 years military by far, the lowest taxes of any been able to use the education tax and fight two wars. of the major economies, the most ex- credits. When you heard the argument before pensive and inefficient health care, and Lest we forget what we’ve done on that was so popular, ‘‘It’s the people’s continue to allow our country’s infra- the alternative minimum tax, the money; it’s going to promote economic structure to fall apart while America chairman of the Ways and Means Com- growth,’’ the most anemic economic ages and grows. mittee will tell you how many times growth America’s had since Hoover be- This proposal represents absolutely alternative minimum tax comes up, came President, do you know what’s the least we could have done under and yet we did nothing about it, push- the people’s responsibility? Those vet- these circumstances and, tragically, in- ing it patch to patch, year to year. In erans’ hospitals. We have 1.7 million stitutionalizes for the next Congress just one county in my district, 87 per- new veterans and 45,000 wounded. Do the madness around here of short-term cent of the families have been affected. you know what the Republican whip frenzy around self-inflicted deadlines The SPEAKER pro tempore. The time of the gentleman has expired. said during those crucial years? Cut- that have no reality to them. That Mr. LEVIN. I yield the gentleman an drives the American public crazy, and ting taxes in a time of war is patriotic. additional 30 seconds. So much for sacrifice for all of us. with good reason. Mr. PASCRELL. I ask to have a When you look back into how we got Not only can we do better, I would ‘‘yea’’ vote on this legislation so we to this problem—revenue at 15 percent suggest that we must do better. can all be proud and be happy for a of GDP—that’s an Eisenhower figure The SPEAKER pro tempore. The change when we wake up in the morn- headed toward Truman. We’ve argued time of the gentleman has expired. ing. in this town about 19 to 21 percent for Mr. LEVIN. I yield the gentleman an Mr. CAMP. I continue to reserve the the better part of 30 years. Fifteen per- additional 20 seconds. balance of my time. cent of revenue with GDP, 12 years of Mr. BLUMENAUER. It’s probably Mr. LEVIN. I now yield 2 minutes to tax cuts. going to pass with overwhelming bipar- the gentlewoman from Pennsylvania Now, this represents a reasonable tisan support. So be it. I can only hope (Ms. SCHWARTZ), our colleague-to-be on step forward tonight. And I want to say that, in that spirit of taking a risk on Ways and Means. with some personal satisfaction that both sides of the aisle—and both par- Ms. SCHWARTZ. I rise this evening I’m delighted with what we have fi- ties and the administration—that the in strong support of the Jobs Protec- nally done to put to rest the alter- administration and the new Congress tion and Recession Prevention Act of native minimum tax. gets serious about reform and deliv- 2012. By passing this bill, Congress pro- ering services more cost-effectively in vides economic security and certainty b 2210 ways, ironically, that people on both for middle class families. A million families in Massachusetts sides of the aisle agree with that are This legislation, which passed the were threatened with alternative min- absent in this proposal. Senate with overwhelming bipartisan imum tax. It was the responsible posi- Mr. CAMP. I continue to reserve the support, permanently extends tax cuts tion tonight. But I want to give you a balance of my time. for 99 percent of American families and number. You know what these patches Mr. LEVIN. I now yield 2 minutes to small businesses, it protects seniors’ have cost us? $2.2 trillion over the life another member of the Ways and access to doctors, it expands afford- of AMT. The theology that we heard Means Committee, the gentleman from ability of college for millions of young that was so popular in this institu- New Jersey (Mr. PASCRELL). people, it makes vital investments that tion—tax cuts pay for themselves—you Mr. PASCRELL. The American peo- build economic growth and new jobs in can’t find a mainstream economist ple are the real winners here tonight, this country, and it averts the fiscal today in America that will acknowl- not anyone who navigates these halls. cliff and the harmful economic con- edge that problem. Let’s make that clear. sequences that might have resulted. This is a reasonable step forward. We don’t have a perfect bill in front As we close out this Congress, we’ve Vote for this measure, and let’s get on of us—in fact, we’ve never had a perfect reached resolution on a major issue to fundamental tax reform. bill in front of us—but this is a bill facing this Congress and our Nation: Mr. CAMP. I reserve the balance of which will provide much needed cer- fairer tax policy for our families and my time. tainty to millions of middle class our businesses. There’s more work to do. In the next Mr. LEVIN. I yield 2 minutes to the American families that their income Congress, my guess is that it will be gentleman from Oregon (Mr. BLU- taxes will not increase. just as difficult to reach bipartisan so- MENAUER). Since the recession in 2008, there has lutions, but that doesn’t mean it can’t Mr. BLUMENAUER. This evening, been a 25 percent increase in the num- be done. Tonight’s vote, I hope, dem- we’re expected to vote on an item that ber of families below the poverty line onstrates that in fact it can, and it has many commendable and important in my home State of New Jersey. I’m benefits American families and Amer- items. Unfortunately, too many are of sure we’ll see more as a result of the ican businesses and America’s future. short duration, much is left out, and devastation of Hurricane Sandy. Lest Mr. CAMP. I continue to reserve the most importantly we’re losing a real we forget before tomorrow that we balance of my time. opportunity for reform. need to respond to that storm as all of Mr. LEVIN. I now yield 1 minute to The SGR is left in a year to torment us responded to the other catastrophes the gentleman from Virginia (Mr. medical providers again. The AMT, I’m over the past 10 to 15 years. We should MORAN). pleased, is patched—I appreciate the not have exceptions, particularly from Mr. MORAN. Mr. Speaker, tonight we advocacy of my friend, Mr. NEAL. But, those States who are donor States. If will pass 83 provisions that remove in fact, we all know that it should, at you want to get into nickels and dimes, Federal revenue, totaling $3.9 trillion, a minimum, be reformed, if not re- then let’s get into nickels and dimes. all of it deficit financed. Now, we will pealed. We’ve done our share and will continue add $64 billion more this year to reduc- We have a body blow to the alter- to do it. We want everybody to step up ing the deficit. So if we have a $1.3 tril- native energy industry, and somehow to the plate. lion annual deficit this year, it will it’s given a year’s reprieve, but it’s not We’ve been able to help families in bring it down to $1.24 trillion. what they need or what they deserve. need by extending the earned income Now, many of us feel—certainly on And because we refuse, at a moment of tax credit to 563,000 New Jersey tax- this side—that the deficit doesn’t mat- opportunity, to deal meaningfully with payers, who will earn an average of ter, but it does matter because we have the national debt—and remember, the $2,169 more because of the program. We another deficit: a deficit in investment budget from my Republican friends, au- have also helped 460,000 New Jersey in the education of our children, an in- thored by my colleague, Mr. RYAN, families take advantage of the child vestment in the training and skills of

VerDate Mar 15 2010 05:34 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.053 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7555 our workforce and the fiscal infrastruc- I just got two phone calls a few min- more progressive Tax Code than we’ve ture of our country. We will have none utes ago from two constituents, one had in a very long time. And this bill of those resources to make that invest- from Oak Park, Illinois, and one from prevents the meat-axe approach of ment after we make this vote tonight. Westchester. They both did all that budget cuts that could do more severe The problem is we set up three more they could do to convince me to vote damage to our national defense and im- fiscal cliffs. We’re going to have to deal against this bill. And after listening to portant domestic priorities. with the debt ceiling, we’re going to them, I thanked them, but then I told Mr. Speaker, I hope that the par- have to deal with the continuing reso- them, do you know that 320,000 people tisanship of the 112th Congress will end lution expiration, and we’re going to in our State relied upon unemployment this week with the end of the 112th have to deal with the sequester. All insurance benefits last year? I don’t Congress, and I am hopeful that the that’s left is spending cuts. know how I could face those individ- 113th Congress can work together to- So the only question we have to ask uals with no hope, no possibility, and ward honorable compromises to get the ourselves is, what programs do we cut no idea that they’re going to have a people’s business done. I urge a ‘‘yes’’ and how deep do we cut them? We’re check in the mail. But when I go to vote. going to look back on this night and church on Sunday, I know that I will Mr. LEVIN. We are going to vote regret it, notwithstanding the fact that see people with the assurance that soon, but first we want to hear from 95 percent of us apparently will vote pretty soon an unemployment check is our whip, the distinguished gentleman for it. in the mail. And that’s one of the rea- from Maryland, who has worked so Mr. CAMP. Mr. Speaker, I would ad- sons that, yes, I will vote for this bill, hard on these issues for decades. vise the gentleman that I am prepared because it’s good legislation. People I yield 3 minutes to the gentleman to close. need it right now—not next year, not from Maryland (Mr. HOYER). Mr. LEVIN. I now yield 1 minute to next month, and not next week. Mr. HOYER. I thank the gentleman the gentleman from New York (Mr. Mr. LEVIN. I now, with pleasure, for his leadership, and I thank Mr. ENGEL). yield 3 minutes to another member of CAMP for his leadership. Mr. ENGEL. Mr. Speaker, I rise There is, of course, a time for par- today to support this bill because es- our leadership, the gentleman from South Carolina (Mr. CLYBURN). tisanship. There is a time for making sentially we have two choices here: We our political points, and that time has either vote for this bill and we prevent Mr. CLYBURN. Mr. Speaker, I thank the gentleman for yielding me the been, and it will be again. That time is us from going over the cliff, or we go not tonight. over the cliff. That would certainly time. Mr. Speaker, it’s tempting to say it’s All of us have traveled throughout wreak havoc with the market and with about time the House put aside ex- this country; and we have heard our everything else. treme partisanship and work together constituents, our neighbors and our b 2220 on compromise to address the Nation’s friends say, please, don’t have us go But it never should have come to most pressing issues. But, in reality, it over the cliff. They’re not sure exactly this. We should have been negotiating is far past time that we put aside ex- what ‘‘going over the cliff’’ means, but and passing a balanced bill. The Amer- treme partisanship. Throughout the they intuitively and deeply feel that it ican people are really fed up with what entirety of the 112th Congress, we have will not be good to go over that cliff. they see in the dysfunctional Congress. seen narrow political interests placed And so we come to this floor tonight Harry Truman back in 1948 when he ahead of the public interest. with almost everyone who has spoken was running for President campaigned So here we are on New Year’s night, saying this bill is not perfect, and, of against the 80th, and he called it the with the clock running out on the very course, that observation could be ap- ‘‘do nothing’’ 80th Congress. That ‘‘do existence of this Congress, finally con- plied to any and all bills that we con- nothing’’ Congress passed three times sidering bipartisan legislation to pro- sider in this House. as many bills as the 112th Congress did. vide middle class tax cuts, require the Compromise is not the art of perfec- And so here we are at the last minute, wealthiest to, once again, pay their tion. By its very definition, a com- and we are rushing to pass this bill. It fair share so we can grow the economy, promise contains elements that neither never should have happened this way. create jobs and protect the most vul- side likes. But it also contains pieces I commend President Obama and nerable in our society. It is indeed well both sides can embrace. What we will Vice President BIDEN for protecting the past time we got about the people’s do tonight is not only adopt a piece of middle class with this and for doing the business. legislation that will give literally tens best that they can; but, my friends and Mr. Speaker, in 2011, I served on the of millions of Americans the assurance my colleagues, we are going to have to Biden group of both Republican and that their taxes will not be raised; mil- work to meet in a sensible center. We Democratic Representatives and Sen- lions of small businesses assurance are going to have to not play these ators who worked with the Vice Presi- that their taxes will not be raised; mil- brinksmanship games. The American dent on our Nation’s fiscal issues. We lions of people who, through no fault of people don’t want it. made good progress in those talks until their own, are struggling to find a job President Obama won reelection our Republican friends walked away, and trying to keep bread on their table campaigning for the middle class. This fearing the wrath of the Tea Party. I the assurance that we will be there to keeps those priorities, and we ought to also served on the bipartisan Joint Se- help. support it. lect Committee on Deficit Reduction, Tonight, we will come together and Mr. LEVIN. I now yield 2 minutes to the so-called supercommittee that do something else. With 371⁄2 hours left DANNY DAVIS, our colleague from Illi- spent countless hours discussing these to go in the 112th Congress, we will dis- nois who is soon rejoining us on Ways issues in detail. It was very clear that play to all of our constituents that, and Means. the elements of a fair and balanced fis- yes, in the final analysis, we have the Mr. DAVIS of Illinois. Mr. Speaker, I cal plan were achievable. But at the ability to come together, to act not as have never seen a compromise where end of the process, the Republican lead- Republicans, not as Democrats, but as everybody got everything that they ers refused to compromise, and the Americans, 435 of us sent here by our wanted or liked everything that they supercommittee failed. neighbors and friends to try to do the got. I certainly don’t like everything So here we are. While this is not a best we can, realizing that there are 435 that I see in this bill, and I certainly perfect bill, and I have serious concerns points of view that sit in this Chamber, didn’t get everything that I wanted. about some of the cuts it contains, it and that what we strive to do is to rec- But I do like the fact that senior citi- does contain the element of fairness. oncile those differences to create con- zens can go to the doctors because The SPEAKER pro tempore. The sensus, for without consensus, democ- they’re being paid a reasonable rate. I time of the gentleman has expired. racy cannot work. don’t like the fact that some of the Mr. LEVIN. I yield the gentleman 1 There will be time for partisan dif- health programs in my communities in additional minute. ferences. There will be time for par- disproportionate hospitals all across Mr. CLYBURN. This bill protects the tisan confrontation in the days in the the country are being cut. middle class and working people with a 113th Congress. But this night, as we

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It would be the time of the gentleman has expired. shock to our already weak economy. biggest tax increase in the history of Mr. LEVIN. I yield the gentleman an This plan that we’re about to vote on the country. That’s why it’s so impor- additional 1 minute. locks in a reduced tax rate for middle tant we’re here tonight acting in a per- b 2230 class families who otherwise would manent way. have seen $3,000 in higher taxes on av- And I would say also to my friend Mr. HOYER. We had an opportunity erage. It permanently holds down the from Michigan, he is correct, this is a to reach such an agreement in a bipar- death tax, which impacts so many permanent tax policy. These are per- tisan fashion, and we will not reach a small businesses. It permanently pro- manent tax provisions we’re putting in big, bold, and balanced plan without bi- tects the middle class from the alter- this bill that permanently sets the partisanship because the decisions native minimum tax, and it adjusts baseline. It permanently sets how we’ll have to make will be too difficult that for inflation. much money the government can take not to be done in a bipartisan fashion. The plan does away with a new enti- out of the economy. Because of this, This night, we take a positive step, tlement program created in this is the largest tax cut in American and the people watching us, Mr. Speak- ObamaCare, and it makes permanent a history. er, on television tonight and reading 15 percent capital gains and dividends I think that’s helpful, because the about their Congress tomorrow are see- rate for income up to $400,000 for sin- best way to get out of our debt and def- ing that we were able to act, not per- gles, $450,000 for married couples, and a icit is to grow our economy. We can do fectly, but in a bipartisan fashion to 20 percent rate for those above. That that through comprehensive and funda- try to take a step towards fiscal re- rate would have gone to 39.6 percent for mental tax reform, and this is just the sponsibility, fiscal stability, and, yes, dividends. That would have been very first step to getting to the ability to caring for those who most need our injurious for our capital markets. That strengthen our economy and create the help in this country. would be very injurious for economic jobs we so badly need. I urge my colleagues, as the leader of growth if we allowed that to happen. We’ve had years of anemic economic my party in this Congress urged us, to Tax relief has been achieved. Now is growth. We have projected anemic eco- support this legislation, not as a Demo- the time for the President to work nomic growth in 2013. It is so impor- crat, not as a Republican, but as an with Congress to address government tant that we try to create jobs and American who understands that our overspending, the underlying problem. grow the economy, and we can do that people believe that action is necessary. Mr. LEVIN. If the gentleman from through comprehensive pro-growth tax And I would urge all of us as we close Michigan is ready to close, I’ll do the reform that lowers rates, broadens the this debate to do so in a way that same and yield myself the balance of base, and simplifies a Tax Code that is brings us together, not drives us apart; my time. far too complex. that reaches out to the best in us, not I regret the last statements. It is not 2240 to the partisan in us. correct to say that the President has b Mr. Speaker, it is time for this Con- not been interested in deficit reduc- As I said in my opening statement, gress to come together, address this tion. That is not true. It was the Re- the Tax Code is a nightmare—and it issue, act together, and pass this bill. publican leadership in this House that is—and it’s getting almost late enough Mr. CAMP. Mr. Speaker, I yield 4 walked away from a big package. So I to have a nightmare ourselves. minutes to the distinguished gen- think it is troublesome that you come Let me just say that we not only tleman from California (Mr. ROYCE). here apparently saying you’re going to need to grow the economy, but we also Mr. ROYCE. Mr. Speaker, I think vote for this bill by launching an un- need to address the fundamental causes what gets lost in the 30-second sound fair, untrue representation of what’s of our debts and deficits, and that’s bites on the fiscal cliff is the real cliff been going on. out-of-control spending—obligations facing this country in the form of a I want it to be very clear, because my that we have not got the financial massive wave of entitlement obliga- guess is that the chairman will talk wherewithal to meet. We need to tions. again that there has been a permanent strengthen those programs and make Government accounting doesn’t tell level of revenue set by this bill. That is sure that they’re sustainable for the the whole story. The actual liabilities not correct. If that’s an effort to get long term, but we also need to address of the Federal Government, the present votes on your side, I want the record to the problem that is out-of-control value of Medicare, Medicaid, and Social be clear. spending. Security programs already exceed $86 I’m going to close by reading from So this is the first step—permanent trillion. By 2040, our entitlement obli- the President’s statement of yesterday: tax policy that then sets the stage for gations will consume all of the average I want to make clear that any agreement comprehensive and fundamental tax re- postwar projected tax revenue. We have we have to deal with these automatic spend- form—and then addressing out-of-con- to come to grips with that. ing cuts that are being threatened for next trol spending. This will be several That means every dollar collected by month, those also have to be balanced, be- steps. This is an important one, and the IRS would go to pay Social Secu- cause, remember, my principle has always this is a critical one for the future of rity, Medicare, or Medicaid, without been let’s do things in a balanced, respon- the country. I urge a ‘‘yes’’ vote. sible way. reforms. We will have to go out and The same is true for any future deficit I yield back the balance of my time. borrow to pay for other spending agreement. Obviously, we’re going to have to Mr. YOUNG of Florida. Mr. Speaker, I rise should that happen. It is unfortunate do more to reduce our debt and our deficit. today to discuss the devastating across-the- that the President wasn’t willing to en- I’m willing to do more— board sequestration cuts set to take place gage on this front, and it is unfortu- He already has done substantial. across the entire federal government tomor- nate that the Senate leader continues —but it’s going to have to be balanced. row—January 2nd. Half of those cuts would to deny the crisis. We’re going to have to do it in a balanced come from the Department of Defense and On the day of new year’s resolutions, way. our national security programs. let’s hope Senator REID and President And then he talks about the need to The Department of Defense, industry, and Obama resolve to be honest about the address Medicare. the Congressional Defense Committees, have crisis our Nation faces with the coming The SPEAKER pro tempore. The repeatedly and consistently warned of the con- wave of entitlement obligations, mak- time of the gentleman has expired. sequences of letting sequestration take place. ing these programs solvent, and reining Mr. CAMP. I yield myself such time If allowed to happen, the impact to the Depart- in these trillion dollar deficits, which as I may consume. ment of Defense would be a reduction of 8.2

VerDate Mar 15 2010 05:05 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\CR\FM\K01JA7.057 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7557 percent or $54.6 billion from the fiscal year gress in the first place. The question of how and their bankers to make decisions on plant- 2013 budget. The total sequestration reduction much of your money the government forces ing. That provision also prevents the price of for Defense through fiscal year 2021 amounts from us is central to the relationship of the in- milk from doubling this week. Another section to roughly $492 billion—almost half a trillion dividual with government and to the freedom prevents the 27% cut in Medicare reimburse- dollars. of the individual. And in the past several years ment to doctors, which would have made it With military pay and personnel costs ex- through calls, emails, and personal meetings, very difficult for Medicare patients to find a empt from the cuts, the actual cut to all other I have heard from many of my constituents physician to treat them. accounts increases to 9.4 percent. Even about the necessity of having stability in the Approving this measure is just a step. Next, though the Department of Defense has some tax code. we must do whatever is required to control limited flexibility to allocate sequestration cuts Making the current tax rates permanent for spending, especially spending in mandatory in the operating accounts, a computer will cut the vast majority of Americans, as this bill programs that constitute nearly two-thirds of all procurement and research accounts pro- does, is a major accomplishment. No longer the budget. I continue to support comprehen- portionally—which will directly impact more will the threat of major tax increases because sive tax reform, which can ease the pain to than 2,500 programs and projects. The impact of an expiring law hang over the heads of tax- taxpayers, help us be more competitive in the on our national security and readiness will be payers. Providing tax certainty for individuals world, and give our economy a real boost. We severe. and businesses has long been needed and do not have to do all of these things in one Base operating budgets will be cut, nega- will allow them to plan and make decisions. bill—and it would be a mistake to try—but we tively impacting readiness. Training could be Hopefully, it will help the economy grow. And must do them for the sake of our country and significantly reduced, resulting in unprepared finally having an answer on the death tax, al- our future. troops and higher risk to those who deploy. though I prefer to abolish it entirely, is also Mr. HOLT. Mr. Speaker, as the Congress Civilian personnel will certainly be affected, critical for every farmer, rancher, and small lurches from self-imposed crisis to self-im- possibly resulting in hiring freezes and unpaid business person in the country. posed crisis, it is easy to understand why furloughs. Fewer weapon systems will be The clearest reason to vote against this bill members of the public shake their heads in bought, which starts a vicious circle of rises in is because of what it does not do—limit disgust at the inability of the government to do unit prices for the remaining weapons. Other spending. Too much spending, along with low the important work of America to help Ameri- major weapon systems will be reduced or ter- economic growth, is the reason that our debt cans. minated, and current contracts may have to be is mounting and that our children’s future is in The negotiators of this deal should never terminated or renegotiated, resulting in addi- peril. This bill is a missed opportunity to take have agreed to bargain under a hostage-tak- tional costs to the government and a loss of meaningful action to deal with that problem, ing deadline. Of course, for long term eco- favorable contract terms in some cases. Pro- and I supported efforts to have significant nomic stability and growth we must have curement and Depot Maintenance schedules spending cuts included in this measure. But it greater balance between revenue and expend- will be severely impacted, which is enormously is not our last opportunity. itures. That means Congress should pay close disruptive, especially in shipbuilding and main- It is always possible to justify voting against attention day to day, month to month, to rev- tenance when future deployments rely on a bill for what is not included in it. One must enue and to spending and should bring them maintaining schedules. go further and ask, ‘‘What happens if this bill more into line. That should always be true, Earlier this year, Secretary of Defense Leon is defeated? Will the result be better or worse though, not just whenever someone says Panetta testified that the impact of sequestra- for the country?’’ We also have to make a there is a crisis. tion on the Department of Defense alone judgment on what is possible with the current And say what you will, there is no good rea- would drive up our nation’s unemployment cast of characters that the American people son for a crisis now. The deadline is artificial. rate by a full percent. Jobs will be lost but have elected to office. It does no good to This ‘‘fiscal cliff’ is the result of a deal agreed more importantly, infrastructure and manufac- imagine some ideal measure that could never to in August 2011 when some congressional turing capabilities critical to our national secu- pass the Democratically-controlled Senate or members who dislike government tried to pre- rity will be lost. Already prime contractors have that President Barack Obama would never vent the U.S. from paying our debts, and the notified their suppliers and subcontractors that sign into law. I am a conservative, and I am White House and Congressional leaders al- programs are on hold. This has left thousands also a realist. lowed them to hold the government hostage of small businesses with no choice but to The answers to those questions lead me to and then to impose automatic spending cuts close their doors and lay off workers as work conclude that it is better to approve this bill at and tax increases in the most thoughtless, orders have dried up. this time, understanding that we must use the ham-handed way. And the negotiators should Our nation’s manufacturing base relies upon next few weeks of discussion about the debt never have negotiated with hostage takers, or these workers and their special skills. We rely limit to find a way to significantly reduce after the debt-ceiling confrontation was past, on these small businesses to supply critical spending and begin to get our economic should never have let the hostage-takers de- components for important weapons systems house in order. House Republicans do not mands live on. and platforms. have to accomplish everything in one bill, but As I see it, the big problem with the fiscal Mr. Speaker, as you know, the impact of se- time is running out for us to get spending package before us today is that it was de- questration is very real and is very imminent. under control. In coming weeks, we will need bated and negotiated on the terms set by the Just consider that if sequestration remains in to consider every tool at our disposal to con- hostage takers in 2011. Instead of talking place for its full nine years, our nation will be vince the White House and the Senate on the about what our government needs to do put left with the smallest ground force since 1940, imperative of cutting spending. people to work, to reduce unemployment, to the smallest number of ships since 1915, and Of course, there are provisions in this bill educate Americans, to rebuild our roads and the smallest Air Force in history. with which I disagree. For example, extending bridges, to stimulate vibrant and innovative in- When we talk about the fiscal cliff, these some of the tax credits from the stimulus bill dustry, to tend to the nourishment, the hous- across the board cuts to our defense budget and continuing to pay unemployment for an ing, the cultural well-being of all Americans— will result in not only an economic fiscal cliff, additional year discourage work and encour- and then doing those things—Congress and but of greatest concern to me, a cliff off which age further dependency on government. But Administration have spent several months ne- our national security will fall. This will impact they total about $100 billion out of a $4 trillion glecting all the important work in front of us— our readiness, our ability to defend our nation, bill; the rest of the ‘‘cost’’ is due to extending drought relief, elementary and secondary edu- and our ability to ensure the safety of our all tax provisions that have been in place for cation act, violence against women act, bridge volunteer force as they operate around the more than a decade. repair, better transportation, better commu- world. Stepping back and looking at the whole pic- nication, reliable mail delivery, etc. etc. and in- I urge my colleagues in the House to do ev- ture, it seems clear to me that preventing a stead focusing on such things as whether the erything we can to ensure that sequestration tax increase for most Americans and making marginal tax rate should be 36 percent or 39.6 does not become a stark reality tomorrow. all tax rates permanent is an important step percent for income earned above $250,000 or Failing to take action will cause irreversible for families all across the country and for the $450,000. harm to our nation’s security and violate our economy as a whole. Why should the President, why should the Constitutional responsibility to ‘‘provide for the Other provisions contained in this bill are Democratic leadership in Congress, have common defense.’’ important to the people in my district. One agreed to negotiate with hostage takers under Mr. THORNBERRY. Mr. Speaker, it was the would extend the current farm bill for the re- contrived, media-fueled deadlines. Why should issue of taxes that led to me running for Con- mainder of the fiscal year, allowing farmers the President, why should the Democratic

VerDate Mar 15 2010 05:05 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 9920 E:\CR\FM\A01JA7.025 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7558 CONGRESSIONAL RECORD — HOUSE January 1, 2013 leadership in Congress, have accepted the come over $250,000, and I am disappointed A recorded vote was ordered. inane premise of the Tea Party and the Peter- that this agreement does not meet that goal. The SPEAKER pro tempore. Pursu- son Institute that our nation is defined by its However, while the income threshold of ant to clause 8 of rule XX, this 15- debt and that we are in effect a poor, debtor $450,000 is higher than I would have liked, it minute vote on the motion to concur nation and that the government is helpless in is nonetheless a major step forward that the will be followed by a 5-minute vote on the face of that debt. There is no good answer very wealthiest Americans will begin to pay the motion to suspend the rules and to a bad question. their fair share under this bill. Democrats have pass Senate Joint Resolution 44, if or- The premise of the deal before us is false, already agreed to over a trillion dollars in dered. and the Democratic negotiators have been try- spending cuts, and it is critical that some sig- The vote was taken by electronic de- ing hard to find a good outcome based on that nificant revenue is finally being put on the vice, and there were—ayes 257, noes 167, false premise. In fact, we do have a long term table. not voting 8, as follows: problem with the debt. We should work to cor- Of particular interest to Rhode Island’s wind [Roll No. 659] rect it, but also we should recognize that it is energy industry, this bill extends the Produc- AYES—257 long term. Meanwhile we have some imme- tion Tax Credit and the Investment Tax Credit Ackerman Frank (MA) Meeks diate problems— stubborn unemployment, a for renewable energy, which will mean critical Alexander Frelinghuysen Michaud sluggish economy, crumbling infrastructure, jobs for our state. It also provides our doctors Altmire Fudge Miller (MI) and millions of Americans in need of housing with another year of relief from Medicare reim- Andrews Gallegly Miller, Gary and food. We should not allow our concern for bursement cuts. Baca Garamendi Miller, George Baldwin Gerlach Moore the debt to paralyze our government, and thus One thing many of my colleagues and I Barber Gibson Murphy (CT) prevent action on the immediate, critical prob- made clear to House leaders was that we Barletta Gonzalez Murphy (PA) lems affecting our people in the here and now. would not support a deal that cut Medicare or Bass (CA) Green, Al Nadler Social Security benefits for our seniors, and I Bass (NH) Green, Gene Napolitano The blatant, sad irony is that dealing aggres- Benishek Grijalva Neal sively with those immediate problems—the am glad that they listened to us. Berkley Grimm Noem very problems whose solutions are being Overall, this agreement sets the standard Berman Gutierrez Olver pushed aside by the artificial, self-imposed for a balanced approach that demands shared Biggert Hahn Owens Bilbray Hanabusa Pallone debt crisis—also would be the best way of sacrifice through both spending cuts and rev- Bishop (GA) Hanna Pascrell dealing with the long term debt problem. It enue increases. I have long advocated for Bishop (NY) Hastings (FL) Pastor (AZ) would be the best way of generating the eco- such an approach, and I am hopeful that this Boehner Hastings (WA) Payne will be the model for our deficit reduction ef- Bonamici Hayworth Pelosi nomic activity and growth necessary to put our Bono Mack Heck Perlmutter people back to work and our debt in its place. forts in coming years. Boren Heinrich Peters This deal was done in the wrong way. The Unfortunately, this deal is no ‘‘grand bar- Boswell Herger Pingree (ME) postponed crisis will reappear with the debt gain,’’ and it sets up yet another potential cri- Brady (PA) Herrera Beutler Pitts sis mere weeks from now by pushing off a so- Brady (TX) Higgins Platts crisis and sequestration and tax increases in Braley (IA) Himes Polis March, and the President will be in a weaker, lution to sequestration for two months, right at Brown (FL) Hinchey Price (NC) not stronger, position to deal with the crisis the same time we will need to increase the Buchanan Hinojosa Quigley then. However, I do not want to make the situ- debt limit and renew government funding. No Butterfield Hirono Rahall Calvert Hochul Rangel ation worse by weakening the President’s one wants to relive this fight, and I would have Camp Holden Reed hand and weakening the economy by allowing much preferred to resolve these perennial Capps Holt Reichert the government so to speak to ‘‘fall off the issues all at once. Capuano Honda Reyes Nonetheless, it is time to act. We have an Carnahan Hoyer Ribble cliff’, so with great reluctance I will support this Carney Israel Richardson bill. obligation to move forward with a balanced Carson (IN) Jackson Lee Richmond Mr. LANGEVIN. Mr. Speaker, I rise in sup- compromise, and I believe that we have Castor (FL) (TX) Rogers (KY) port of H.R. 8, the American Taxpayer Relief achieved that. I urge my colleagues to support Chandler Johnson (GA) Rogers (MI) Chu Johnson (IL) Ros-Lehtinen Act of 2012. It goes without saying that this is this agreement, and I hope that we can begin Cicilline Johnson (OH) Ross (AR) no one’s idea of a perfect bill. However, the the 113th Congress with a renewed commit- Clarke (MI) Johnson, E. B. Rothman (NJ) American people are counting on Congress to ment to address our nation’s many complex Clarke (NY) Kaptur Roybal-Allard act to prevent a tax increase on the middle challenges with seriousness and cooperation. Clay Keating Royce Cleaver Kelly Runyan class, just as our economy is starting to re- Ms. JENKINS. Mr. Speaker, as the sponsor Clyburn Kildee Ruppersberger cover. of the bill to extend Section 45G of Title 26 in Coble Kind Rush President Obama, Vice President BIDEN, the IRS code, I rise today to clarify the impact Cohen King (NY) Ryan (OH) that the extension of this provision within the Cole Kinzinger (IL) Ryan (WI) and Senate Democrats and Republicans have Connolly (VA) Kissell Sa´ nchez, Linda done what the voters sent us here to do: find text of H.R. 8 will have on short line railroads. Conyers Kline T. a balanced approach to help get our fiscal As a Certified Public Accountant, I would Costa Kucinich Sanchez, Loretta house in order. House Democrats have been like to iterate that in IRS Code section (1)(2) Costello Lance Sarbanes Courtney Langevin Schakowsky ready to do our part, and I am glad that our under 45G, it is the intent of the law that as- Crenshaw Larsen (WA) Schiff Republican colleagues have finally allowed signments of railroad track miles for purposes Critz Larson (CT) Schock this legislation to come to the Floor so that we of calculating a railroad track maintenance tax Crowley LaTourette Schwartz credit for the taxable year that ended on De- Cuellar Latta Scott, David can ensure our nation does not feel the harm- Cummings Lee (CA) Serrano ful effects of the fiscal cliff. It should not have cember 31, 2012 may be completed in 2013, Curson (MI) Levin Sessions taken this long, and it should not have been due to the late extension of the 45G credit in Davis (CA) Lipinski Sewell this hard. this legislation. Davis (IL) LoBiondo Sherman DeGette Loebsack Shimkus While I have serious concerns about certain This belated extension should not be con- DelBene Lofgren, Zoe Shuler portions of the agreement, I am very pleased strued as an attempt by Congress to eliminate Denham Lowey Shuster that—first and foremost—middle class families the ability of short line railroads to use sub- Dent Lucas Simpson will be protected from a tax rate increase. Not section (b)(2), but rather to preserve that abil- Deutch Luetkemeyer Sires Diaz-Balart Luja´ n Slaughter only will we permanently extend middle-class ity for tax year 2012. Dicks Lungren, Daniel Smith (NJ) tax cuts, but this deal will also extend the child The SPEAKER pro tempore. All time Dingell E. Smith (TX) tax credit and the earned income tax credit, for debate has expired. Doggett Lynch Speier Pursuant to House Resolution 844, Dold Maloney Stivers and it permanently ensures that the Alternative Donnelly (IN) Manzullo Sullivan Minimum Tax will not hit middle-class families. the previous question is ordered. Doyle Marino Sutton Very importantly, this package also includes The question is on the motion by the Dreier Markey Thompson (CA) a critical extension of unemployment benefits gentleman from Michigan (Mr. CAMP). Edwards Matsui Thompson (MS) The question was taken; and the Ellison McCarthy (NY) Thompson (PA) for those still struggling to find work, and I am Emerson McCollum Thornberry grateful for the efforts of Senator Jack Reed Speaker pro tempore announced that Engel McGovern Tiberi and others to ensure this provision was part of the ayes appeared to have it. Eshoo McKeon Tierney RECORDED VOTE Farr McMorris Tonko the final deal. Fattah Rodgers Towns I have called many times in recent months Mr. LEVIN. Mr. Speaker, I demand a Fitzpatrick McNerney Tsongas for the expiration of Bush-era tax rates on in- recorded vote. Fortenberry Meehan Turner (NY)

VerDate Mar 15 2010 05:05 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A01JA7.027 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7559 Upton Wasserman Wilson (FL) STATE AND PROVINCE EMER- FOREIGN AND ECONOMIC ESPIO- Van Hollen Schultz Womack GENCY MANAGEMENT ASSIST- NAGE PENALTY ENHANCEMENT Vela´ zquez Waters Yarmuth Walden Watt Young (AK) ANCE MEMORANDUM OF UNDER- ACT OF 2012 Walz (MN) Waxman Young (FL) STANDING The SPEAKER pro tempore. The un- Welch The SPEAKER pro tempore. The un- finished business is the question on NOES—167 finished business is the question on suspending the rules and concurring in Adams Gibbs Nunnelee suspending the rules and passing the the Senate amendment to the bill (H.R. Aderholt Gingrey (GA) Olson joint resolution (S.J. Res. 44) granting 6029) to amend title 18, United States Akin Gohmert Palazzo Amash Goodlatte Paulsen the consent of Congress to the State Code, to provide for increased penalties Amodei Gosar Pearce and Province Emergency Management for foreign and economic espionage, Austria Gowdy Pence Assistance Memorandum of Under- and for other purposes. Bachmann Granger Peterson standing. The Clerk read the title of the bill. Bachus Graves (GA) Petri The SPEAKER pro tempore. The Barrow Griffin (AR) Poe (TX) The Clerk read the title of the joint Bartlett Griffith (VA) Pompeo resolution. question is on the motion offered by Barton (TX) Guinta Posey The SPEAKER pro tempore. The the gentleman from Texas (Mr. SMITH) Becerra Guthrie Price (GA) that the House suspend the rules and Berg Hall question is on the motion offered by Quayle concur in the Senate amendment. Bilirakis Harper Rehberg the gentlewoman from Florida (Ms. Bishop (UT) Harris Renacci ROS-LEHTINEN) that the House suspend The question was taken; and (two- Black Hartzler Rigell thirds being in the affirmative) the Blackburn Hensarling the rules and pass the joint resolution. Rivera rules were suspended and the Senate Blumenauer Huelskamp The question was taken; and (two- Roby Bonner Huizenga (MI) amendment was concurred in. Roe (TN) thirds being in the affirmative) the Boustany Hultgren A motion to reconsider was laid on Rogers (AL) Brooks Hunter rules were suspended and the joint res- Rohrabacher the table. Broun (GA) Hurt olution was passed. Rokita Bucshon Issa f Rooney A motion to reconsider was laid on Burgess Jenkins Roskam the table. Campbell Johnson, Sam CORRECTING AND IMPROVING THE Canseco Jones Ross (FL) LEAHY-SMITH AMERICA INVENTS Cantor Jordan Scalise f ACT Capito King (IA) Schilling Carter Kingston Schmidt The SPEAKER pro tempore. The un- Cassidy Labrador Schrader CLOTHE A HOMELESS HERO ACT finished business is the question on Chabot Lamborn Schweikert suspending the rules and concurring in Chaffetz Landry Scott (SC) The SPEAKER pro tempore. The un- Coffman (CO) Lankford Scott (VA) finished business is the question on the Senate amendment to the bill (H.R. Conaway Latham Scott, Austin suspending the rules and concurring in 6621) to correct and improve certain Cooper Long Sensenbrenner provisions of the Leahy-Smith America Smith (NE) the Senate amendment to the bill (H.R. Cravaack Lummis Invents Act and title 35, United States Crawford Mack Smith (WA) 6328) to amend title 49, United States Culberson Marchant Southerland Code, to direct the Assistant Secretary Code. DeFazio Massie Stearns of Homeland Security (Transportation The Clerk read the title of the bill. DeLauro Matheson Stutzman The SPEAKER pro tempore. The Security Administration) to transfer DesJarlais McCarthy (CA) Terry question is on the motion offered by Duffy McCaul Tipton unclaimed clothing recovered at air- the gentleman from Texas (Mr. SMITH) Duncan (SC) McClintock Turner (OH) port security checkpoints to local vet- Visclosky that the House suspend the rules and Duncan (TN) McDermott erans organizations and other local Ellmers McHenry Walberg concur in the Senate amendment. Farenthold McIntyre Walsh (IL) charitable organizations, and for other The question was taken; and (two- Webster Fincher McKinley purposes. thirds being in the affirmative) the Flake Mica West The Clerk read the title of the bill. Westmoreland rules were suspended and the Senate Fleischmann Miller (FL) The SPEAKER pro tempore. The Fleming Miller (NC) Whitfield amendment was concurred in. Flores Moran Wilson (SC) question is on the motion offered by A motion to reconsider was laid on Forbes Mulvaney Wittman the gentleman from Florida (Mr. BILI- Foxx Myrick Wolf the table. RAKIS) that the House suspend the rules Franks (AZ) Neugebauer Woodall f Gardner Nugent Yoder and concur in the Senate amendment. Garrett Nunes Young (IN) The question was taken; and (two- INTERCOUNTRY ADOPTION UNI- NOT VOTING—8 thirds being in the affirmative) the VERSAL ACCREDITATION ACT OF rules were suspended and the Senate 2012 Buerkle Lewis (CA) Stark Burton (IN) Lewis (GA) Woolsey amendment was concurred in. The SPEAKER pro tempore. The un- Graves (MO) Paul A motion to reconsider was laid on finished business is the question on the table. suspending the rules and passing the b 2257 bill (S. 3331) to provide for universal So the motion was agreed to. f intercountry adoption accreditation The result of the vote was announced standards, and for other purposes. as above recorded. UNINTERRUPTED SCHOLARS ACT The Clerk read the title of the bill. A motion to reconsider was laid on The SPEAKER pro tempore. The The SPEAKER pro tempore. The un- question is on the motion offered by the table. finished business is the question on Stated against: the gentlewoman from Florida (Ms. suspending the rules and passing the ROS-LEHTINEN) that the House suspend Mr. GRAVES of Missouri. Mr. Speaker, on bill (S. 3472) to amend the Family Edu- rollcall No. 659, I was unavoidably detained. the rules and pass the bill. cational Rights and Privacy Act of 1974 The question was taken; and (two- Had I been present, I would have voted ‘‘no.’’ to provide improvements to such Act. thirds being in the affirmative) the Ms. BUERKLE. Mr. Speaker, on rollcall No. The Clerk read the title of the bill. rules were suspended and the bill was 659, had I been present, I would have voted The SPEAKER pro tempore. The passed. ‘‘no.’’ question is on the motion offered by A motion to reconsider was laid on the gentleman from Tennessee (Mr. the table. f ROE) that the House suspend the rules f and pass the bill. ANNOUNCEMENT BY THE SPEAKER The question was taken; and (two- DEPARTMENT OF STATE RE- PRO TEMPORE thirds being in the affirmative) the WARDS PROGRAM UPDATE AND The SPEAKER pro tempore. Pursu- rules were suspended and the bill was TECHNICAL CORRECTIONS ACT ant to clause 8 of rule XX, proceedings passed. OF 2012 will resume on motions to suspend the A motion to reconsider was laid on The SPEAKER pro tempore. The un- rules previously postponed. the table. finished business is the question on

VerDate Mar 15 2010 05:05 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A01JA7.029 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7560 CONGRESSIONAL RECORD — HOUSE January 1, 2013 suspending the rules and passing the suspending the rules and agreeing to in this House, as I leave this body, I bill (S. 2318) to authorize the Secretary the resolution (H. Res. 134) condemning ask you to be conservative in your of State to pay a reward to combat the Government of Iran for its state- votes on spending. Remember, we have transnational organized crime and for sponsored persecution of its Baha’i mi- children and grandchildren that will be information concerning foreign nation- nority and its continued violation of saddled with this debt. We are a great als wanted by international criminal the International Covenants on Human country, but we are a great country be- tribunals, and for other purposes. Rights, as amended. cause we can afford to pay our bills. The Clerk read the title of the bill. The Clerk read the title of the resolu- Let us not lead down into the path of The SPEAKER pro tempore. The tion. fiscal irresponsibility or that will no question is on the motion offered by The SPEAKER pro tempore. The longer be the case. the gentlewoman from Florida (Ms. question is on the motion offered by God bless this institution, and God ROS-LEHTINEN) that the House suspend the gentlewoman from Florida (Ms. bless the United States of America. the rules and pass the bill. ROS-LEHTINEN) that the House suspend And thank you for this 7 years and 4 The question was taken; and (two- the rules and agree to the resolution, months I was able to honor the Second thirds being in the affirmative) the as amended. Congressional District. God bless all of rules were suspended and the bill was The question was taken; and (two- you. passed. A motion to reconsider was laid on thirds being in the affirmative) the f rules were suspended and the resolu- the table. HURRICANE SANDY RELIEF tion, as amended, was agreed to. f A motion to reconsider was laid on (Mr. HOYER asked and was given INVESTIGATIVE ASSISTANCE FOR the table. permission to address the House for 1 minute.) VIOLENT CRIMES ACT OF 2012 f The SPEAKER pro tempore. The un- Mr. HOYER. Mr. Speaker, I have just finished business is the question on URGING EUROPEAN UNION TO been informed that we will be having suspending the rules and concurring in DESIGNATE HIZBALLAH AS A perhaps no further votes in this Con- the Senate amendment to the bill (H.R. TERRORIST ORGANIZATION gress. I am deeply disappointed at that 2076) to amend title 28, United States The SPEAKER pro tempore. The un- information. Code, to clarify the statutory author- finished business is the question on We have millions of our fellow citi- ity for the longstanding practice of the suspending the rules and agreeing to zens who have been badly damaged by Department of Justice of providing in- the resolution (H. Res. 834) urging the a storm called Sandy. Overwhelmingly, vestigatory assistance on request of governments of Europe and the Euro- the United States Senate passed some State and local authorities with re- pean Union to designate Hizballah as a relief. I can’t remember a time when spect to certain serious violent crimes, terrorist organization and impose sanc- we had a very serious storm, tornado, and for other purposes. tions, and urging the President to pro- fire, or flood when we did not act. This The Clerk read the title of the bill. vide information about Hizballah to Congress is apparently leaving town The SPEAKER pro tempore. The the European allies of the United without responding to that emergency. question is on the motion offered by States and to support the Government There’s not one of us, not one of us in the gentleman from South Carolina of Bulgaria in investigating the July this Congress that could not be in the (Mr. GOWDY) that the House suspend 18, 2012, terrorist attack in Burgas. same position. I live in a coastal State, the rules and concur in the Senate The Clerk read the title of the resolu- but whether you live in the Midwest or amendment. tion. the far west, whether you live in the The question was taken; and (two- The SPEAKER pro tempore. The South or the East or the North or the thirds being in the affirmative) the question is on the motion offered by West, you could be and your citizens rules were suspended and the Senate the gentlewoman from Florida (Ms. could be and your neighbors could be amendment was concurred in. ROS-LEHTINEN) that the House suspend confronted by a natural disaster—or A motion to reconsider was laid on the rules and agree to the resolution. for that matter, a man-made disaster— the table. The question was taken; and (two- and our fellow citizens would expect us f thirds being in the affirmative) the to respond as the United States Senate CONDEMNING NORTH KOREAN rules were suspended and the resolu- has responded. MISSILE LAUNCH tion was agreed to. It was my belief, an assurance was given to me—not 100 percent—and the The SPEAKER pro tempore. The un- A motion to reconsider was laid on the table. gentleman who gave it to me did not finished business is the question on make this decision, but I am deeply suspending the rules and agreeing to f disappointed, Mr. Speaker. the concurrent resolution (H. Con. Res. b 2320 The people who have been damaged 145) calling for universal condemnation by Sandy, including Governor Christie, of the North Korean missile launch of FISCAL RESPONSIBILITY a Republican, and Governor Cuomo, a December 12, 2012, as amended. (Mrs. SCHMIDT asked and was given Democrat, should be deeply dis- The Clerk read the title of the con- permission to address the House for 1 appointed and, yes, angry that this current resolution. minute and to revise and extend her re- Congress would adjourn without ad- The SPEAKER pro tempore. The marks.) question is on the motion offered by dressing the pain of our fellow citizens. Mrs. SCHMIDT. Mr. Speaker, this is I’ve been to New York. I’ve walked the gentlewoman from Florida (Ms. the last speech that I will ever give in the beaches. I’ve seen the homes that ROS-LEHTINEN) that the House suspend this House and it saddens me the way I the rules and agree to the concurrent have been destroyed, with my col- have to leave, because we leave as a di- league GREG MEEKS. I’ve talked to resolution, as amended. ´ The question was taken; and (two- vided caucus and a divided House. NYDIA VELAZQUEZ. I’ve talked to other thirds being in the affirmative) the The American public expects more Members of Congress—Congressman rules were suspended and the concur- from us, but the American public also CROWLEY, Congressman PALLONE, Con- rent resolution, as amended, was expects us to recognize that we are gressman ROTHMAN—all of whom have agreed to. spending their money, and we are had their citizens deeply damaged by A motion to reconsider was laid on spending ourselves into a debt that we the ravages of the, perhaps, storm of the table. will not be able to repay. Our children historical proportions that struck the and our grandchildren will be the heirs f Northeast. None of us is immune, not of our misspending of our taxpayer dol- from a tornado or a flood or a fire. CONDEMNING IRAN FOR PERSECU- lars. I deeply regret this. I can’t change TION OF BAHA’I MINORITY I voted ‘‘no’’ tonight because we were this opinion, but it’s not what we The SPEAKER pro tempore. The un- increasing our debt limit at an unprec- ought to be doing. There are Repub- finished business is the question on edented proportion. My dear colleagues licans who are deeply grieved by this

VerDate Mar 15 2010 05:05 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.064 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7561 action and there are Democrats on this There’s absolutely no way that that fensible. There are thousands and thou- floor deeply grieved by this action. can happen without having a tremen- sands of people throughout Long Is- This is not the right thing to do. I dous negative impact on the residents land, Rockaway, Staten Island and would hope it would be reconsidered. of my district. New Jersey and throughout the North- We have asked our Members to stay So I implore the Speaker, please re- east who are homeless tonight, who are here, every one of them, knowing full consider this decision. It is just not without jobs, and who have lost their well they wanted to go home just for a possible for us to continue without business. This is absolutely indefen- day to see their families. having some relief from the Federal sible. Mr. Speaker, I would hope this deci- Government. The fact is every bit of documenta- sion would be reconsidered. I would f tion that was required by the leader- hope that we would say to those citi- ship of this House was provided by Gov- zens: We’re here for you, one country, HURRICANE SANDY RELIEF ernor Cuomo, Governor Christie, and one nation. (Mr. REED asked and was given per- Mayor Bloomberg. Everybody played f mission to address the House for 1 by the rules, except tonight, when the minute.) rug was pulled out from under us—ab- HURRICANE SANDY RELIEF Mr. REED. Mr. Speaker, as a Repub- solutely inexcusable, absolutely inde- (Mr. NADLER asked and was given lican, I stand up here today to join my fensible. permission to address the House for 1 colleagues on the other side of the aisle We have a moral obligation to hold minute.) and associate my words with the gen- this vote. The people who are out of Mr. NADLER. Mr. Speaker, the dis- tleman from Maryland. their homes, the people who are cold, tinguished gentleman from Maryland Even though my district was not im- the people who are without food, and said what had to be said, but I want to pacted by the devastation of Hurricane the people who have lost their jobs add that I’ve been in this House 20 Sandy, it is right and just that we take don’t have the time to wait. We cannot years. We have seen droughts; we have up this bill. I ask our Speaker to recon- just walk away from our responsibil- seen storms; we have seen earthquakes; sider the decision that has been made ities. we have seen wildfires out west. This not to address this supplemental in f Congress has never, never failed to vote this Congress. And I join my colleagues HURRICANE SANDY RELIEF emergency appropriations for the aid of across the aisle to ask for that relief so the beleaguered States. Never. that we can get to the people that need (Mr. MEEKS asked and was given Hurricane Sandy struck on October it the aid that they so are in need of on permission to address the House for 1 29, 8, 9 weeks ago. It’s unprecedented this day and this age. minute.) that it should take so long, and yet we Mr. MEEKS. I’m sitting here in f are now told that this House is going to shock this evening. This is supposed to adjourn sine die even though the Sen- b 2330 be the people’s House. We are the ate voted the aid, and we’re going to do HURRICANE SANDY RELIEF United States House of Representa- nothing? It’s unprecedented. It is dis- tives. There are Americans that are gusting. (Mr. CROWLEY asked and was given suffering because of an act of nature. It I can understand—I would not sym- permission to address the House for 1 is our obligation, not as Democrats, pathize, but I could understand Mem- minute.) not as Republicans, but as Americans bers who might say the amount re- Mr. CROWLEY. Mr. Speaker, let me to make sure that we come to the aid quested is too much, we should change join my colleagues in my sadness that of Americans. And that’s why in this it, we should quibble with it, we should we are here at 11:30 on the 1st of Janu- issue, Democrats and Republicans have debate it—fine. But to ignore it, to ig- ary with time running out. We just had worked together in any kind of crisis. nore the plight of millions of American a historic vote, a bipartisan vote, Especially when it goes to natural dis- citizens—unprecedented, disgusting, something that people didn’t think we asters, we’ve always come together. unworthy of the leadership of this could do here, but we did do that. How can we, at this critical point, House. They should reconsider or they And now we’re letting this oppor- turn our backs on Americans? This is should hang their heads in shame, Mr. tunity slip away when people’s homes not supposed to happen here. It hap- Speaker. have been destroyed, when people’s pens other places. f businesses have been destroyed, and Mr. Speaker, we cannot turn our when tens of thousands of people who backs on our citizens who need us. HURRICANE SANDY RELIEF have suffered over 9 weeks have noth- Some will not have a place to stay for (Mr. PALLONE asked and was given ing to show from this Congress. That a long period of time. People have suf- permission to address the House for 1 we would walk away without doing our fered, and people need food. We are minute.) part to help the people suffering in New Americans. This is what’s supposed to Mr. PALLONE. Mr. Speaker, let me York, in New Jersey, Connecticut, and separate us from everyone else. I am lend my voice to those who previously Pennsylvania and other parts of the absolutely shocked. spoke, particularly Mr. HOYER. country is outrageous. It is simply out- Mr. Speaker, you have to reconsider. My district was devastated by the rageous. f storm. I have thousands of people who We’ve done our part. We’ve worked do not have homes, who are living in with our colleagues. And I thank Mr. HURRICANE SANDY RELIEF temporary circumstances. I have mu- KING, and I thank Mr. REED and Mr. (Mr. ENGEL asked and was given nicipalities that have expended mil- GRIMM for working with us. But it got permission to address the House for 1 lions of dollars in trying to do the us to no avail here. We needed to work minute and to revise and extend his re- cleanup. The fact of the matter is that to get this done for our constituency, marks.) if we don’t take action tonight and we and it has failed. Mr. ENGEL. Mr. Speaker, I have been let this House adjourn without taking Mr. Speaker, please reconsider and a Member of this body for 24 years, and action on the supplemental for the hur- bring this bill to the floor before we I don’t think I’ve ever been as angry as ricane, we will suffer a great deal. leave this Congress. I am tonight. This is unconscionable. Many of these towns are waiting for f In the last debate, I got up, and I said the money to come through to provide that when President Truman cam- funding for municipal services, for HURRICANE SANDY RELIEF paigned, he campaigned against the emergency services. Many of them are (Mr. KING of New York asked and 80th ‘‘do nothing’’ Congress, and that completely broke at this time in terms was given permission to address the ‘‘do nothing’’ Congress passed three of their ability to provide help for their House for 1 minute.) times as many bills as this current ‘‘do residents. This is a very serious mat- Mr. KING of New York. Mr. Speaker, nothing Congress.’’ ter. This need is immediate. This can’t tonight’s action not to hold this vote And isn’t this a fitting way for this wait until next week or next month. on the supplemental is absolutely inde- ‘‘do nothing’’ Congress to end, by doing

VerDate Mar 15 2010 05:05 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.065 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7562 CONGRESSIONAL RECORD — HOUSE January 1, 2013 nothing to help the plight of millions is going on in his caucus or in his minute and to revise and extend her re- of people who are suffering in all of our mind, Mr. Speaker, that would say marks.) districts? we’re not going to allow a discussion Mrs. LOWEY. Mr. Speaker, I truly This is an absolute disgrace, and the and a vote on aid that will address $60 feel betrayed this evening. I left this Speaker should hang his head in shame billion worth of damages to tens of mil- floor with an understanding that this for not allowing this to come up. This lions of American citizens in the bill was going to be brought to the is, again, not a Republican or a Demo- Northeast? floor. cratic issue. It’s an American issue. f One of Congress’ most basic respon- I have voted for aid for Katrina, for sibilities is to help families, commu- all places all over the country. And for HURRICANE SANDY RELIEF nities, and businesses recover. Yet Re- us in the Northeast to be treated this (Mr. RICHMOND asked and was given publicans refuse to act to help the vic- way is absolutely unconscionable. I permission to address the House for 1 tims of Sandy as expeditiously as we would ask the Speaker to reconsider, minute.) know we can. and I would tell you that I have never Mr. RICHMOND. Mr. Speaker, I’m We can pass this bill tomorrow with been angrier than I am right now. I’m from New Orleans, and we weren’t af- bipartisan support. Yet the Repub- usually proud of this House. Tonight, I fected by Sandy. But we were great licans will adjourn this session, allow am ashamed. beneficiaries of this body coming to- this bill to be buried, and make sure Shame on you, Mr. Speaker. gether after Katrina and Rita to help that the people of our communities do f us in a time of our greatest need. And not get the help that they need. Disaster knows no boundaries. This HURRICANE SANDY RELIEF it’s appalling that this House can’t come together when we have so many body has acted with speed and compas- (Mr. GIBSON asked and was given Americans in need. sion to help Americans throughout the permission to address the House for 1 One of the mottos of our service is country in disaster after disaster. Dys- minute.) ‘‘no man left behind.’’ Well, tonight, function, Mr. Speaker, in this Con- Mr. GIBSON. Mr. Speaker, I want to Mr. Speaker, you are leaving millions gress, shouldn’t result in punishing vic- add my voice to those who have spoken of children, fathers, and mothers be- tims of Sandy in New York, New Jer- here tonight. We need to be there for hind in the cold. And as we took one sey, Connecticut, and Pennsylvania. all of those in need now after Hurri- step closer to financial solvency and This is a sad day. I urge the majority cane Sandy. averted a national bankruptcy today, to reconsider the decision to not put I come from upstate New York, and we just took one humongous leap to- the supplemental on the floor, and I this is a bipartisan effort. I just want wards a moral bankruptcy. want to thank our leader, Mr. HOYER; to thank all my colleagues here in this This House can’t justify to ourselves, our leader, Madam PELOSI; and all House who helped my district after to our neighbors, to our pastors and to those who have been advocating for Hurricanes Irene and Lee. We had our priests that the actions we’re tak- Sandy. We need to do this, and we need heartbreaking and devastating losses ing today are right and that they fol- to do it before we adjourn. all across the region, and this body low in the motto of this great country. f came together to provide the requisite Today is a very shameful day; but 2340 help so that we could begin that long more than being shameful, the fact b road to recovery. that we are not addressing the needs of HURRICANE SANDY RELIEF And we need to be there for all of the the Sandy victims is not just shameful. (Mr. GRIMM asked and was given American people who need help after It’s sinful. storms. And now for Hurricane Sandy, permission to address the House for 1 we need to come together and ask the f minute.) Mr. GRIMM. It is with an extremely Speaker to reconsider to have this aid HURRICANE SANDY RELIEF so that we can get this aid so that we heavy heart that I stand here almost in can help this country get back up on (Mr. SMITH of New Jersey asked and disbelief and somewhat ashamed that I track. was given permission to address the need to take to this floor. House for 1 minute and to revise and What I’m thinking about are friends f extend his remarks.) and neighbors that lost more than HURRICANE SANDY RELIEF Mr. SMITH of New Jersey. Mr. their homes, more than their worldly (Mr. ROTHMAN of New Jersey asked Speaker, I do join my colleagues in possessions, more than the businesses and was given permission to address asking that the Speaker reconsider. I they’ve worked for their entire lives. the House for 1 minute.) want to thank Majority Leader ERIC They’ve lost family members. Now I Mr. ROTHMAN of New Jersey. Mr. CANTOR who has worked tirelessly have to go home and tell them their Speaker, I represent the northeastern through these many days right up to New Year’s gift is that they’re going to part of the State of New Jersey. Mil- the last couple of minutes. Today, fam- wait even longer for something they lions of New Jerseyans and millions of ilies lack housing, businesses are in should have had over a month ago. It’s folks in New York, Pennsylvania, and shambles, and municipalities have been inexcusable, and I am here tonight say- Connecticut suffered devastating dam- decimated; 346,000 housing units were ing to myself for the first time that age, about $60 billion worth of damage, damaged or destroyed in New Jersey I’m not proud of the decision my team from a natural disaster. I, too, as my with 22,000 units today uninhabitable. has made. It was the wrong decision. Republican and Democratic colleagues Approximately 100,000 new storm-re- I am going to be respectful and ask have said, have voted time after time lated unemployment claims have been that the speaker reconsider his deci- for relief from natural disasters. filed in New Jersey—100,000—and over sion because it’s not about politics. It’s I urge the Speaker to reconsider this 235,000 people have already registered about human lives and human dignity, unconscionable, inexplicable refusal to with FEMA for individual assistance. and I pray that he understands that. This is a dire crisis. People are hurt- let us vote on disaster relief for the f millions who are still suffering in New ing. I talk to people in my district who York, New Jersey, and Connecticut. have been mal-affected, and they’re HURRICANE SANDY RELIEF We provide lots of revenue for the looking to us for help, and they’re (Mr. RANGEL asked and was given United States of America. We’re a looking for timely help. We need to permission to address the House for 1 donor State to the States who get a lot pass this. minute.) more Federal aid than we give to those Please, Mr. Speaker, reconsider. Mr. RANGEL. I know there are many in New Jersey and New York. We’re f people watching us late this night that due this. truly don’t believe that the House of But the question for the American HURRICANE SANDY RELIEF Representatives can turn their back on people, Mr. Speaker, is: Why is the (Mrs. LOWEY asked and was given any Americans and any part of this Speaker of the House doing this? What permission to address the House for 1 great Nation. But, Mr. Speaker, maybe

VerDate Mar 15 2010 05:05 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.067 H01JAPT1 pwalker on DSK7TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — HOUSE H7563 you could help us by reminding the him. He went to the floor of the House ate bill or take up the compromise that people that we have a switchboard and said to the people of California, has been worked out to take this in down here. It’s 202–225–3121. Congress will honor our responsibility two tranches. We cannot leave here It may not be able to do anything be- to the American people. We will put doing nothing. That would be a dis- cause the leadership just walked away forth what meets the needs of the peo- grace. without the courtesy of saying that ple. We need to work together to get f they didn’t have time to deal with the that done. It was such a comfort. millions of people whose lives have These were just words. It was such a b 2350 been affected. Maybe, Mr. Speaker, if comfort to the people just to hear that HURRICANE SANDY RELIEF you can remind Americans who are and to know that a chairman would act (Mr. PLATTS asked and was given just watching that maybe they should upon that. And for the past few weeks, permission to address the House for 1 call and ask the Congress and ask the I know that our colleagues from New minute.) Speaker, Please, reconsider. We’re York, New Jersey, Connecticut, some Mr. PLATTS. As a retiring Member, going to be here tomorrow. We were in Pennsylvania and other surrounding I am proud to stand with my colleagues told to be here tomorrow. areas, have been assuring their con- on both sides of the aisle from New Jer- Whatever happened to make someone stituents and the people of their areas sey, New York, and Pennsylvania to angry tonight, the people that are suf- that the Federal Government would be urge action on this important issue. fering as a result of this disaster, there for them. It is a social compact. Over the past 2 years, I’ve often been they’re not responsible. Don’t make It is the most important tie they have frustrated by the actions of the Sen- them pay for it. to us. ate—or the inactions, I should say, of f Again, if you could hear their per- sonal stories you will know they’ll the Senate—where we would send bill HURRICANE SANDY RELIEF never be made whole. The rug has been after bill over there. Not that they (Mr. MEEHAN asked and was given pulled out from under them in terms of would vote it down, but they just permission to address the House for 1 their housing, their belongings, their wouldn’t vote. They wouldn’t allow the minute.) pictures, their memories, the character will of the people to be expressed by a Mr. MEEHAN. Mr. Speaker, I rise not of their neighborhoods. The rug has vote’s being taken. as a person from a State that was di- been pulled out, and now tonight, is If we conclude this session of Con- rectly affected, because my State of this Congress, this House of Represent- gress at noon on Thursday of this week Pennsylvania, while impacted, had no atives, going to pull the rug out again without voting on this important issue, where near the devastation of that from them legislatively? we are denying the will of the people to which I saw in New York, New Jersey, Just as a reminder, the Senate of the be expressed. We’re not allowing that and parts of Connecticut. United States, in a bipartisan fashion, to happen. I would contend of the will In fact, I was in New York a week ago passed a $60.4 billion assistance pro- of the people of America that the one in an elevator and met a man who was gram for this natural disaster. It met thing they’re comfortable in spending telling me how happy he was that he fi- the documented needs that were put their money on is in helping their fel- nally had a chance to get out of the forth by the people of the regions, by low Americans, and there is great need pickup truck that he had been sleeping Governor Christie, by Governor Cuomo, in New Jersey, in New York and else- in since the storm. He was hoping, for by Governor Malloy, Governor where. the first time, to get back to his home. Bloomberg, and so many others. So, We need to stand together, and I hope His story is just one of hundreds of documented need. that we will come to the decision that thousands through this devastated re- Again, it’s not going to make every- it’s never too late to do the right gion. one whole emotionally in their per- thing. The right thing is to allow the We have stepped up for our neighbors sonal belongings and their memories will of the people to be expressed, for in other parts of our country because and the rest, but it is a sign of respect this issue to be voted on and to let the these acts of nature are larger than that we cannot let what happened Members express their opinions any individual. We must be larger than stand and that the resources will be through their votes. I’m certain, if that. Support the ability to give that there to try to return them to some that’s the case, if that happens, the support to those in this time of need. sense of order and home and home life. will of the people will be to send the f I don’t know if any decision has been aid that is so badly needed. made. I hope not. I hope that as the f HURRICANE SANDY RELIEF leadership meets and considers a pos- (Ms. PELOSI asked and was given sible agenda for tomorrow, they would HURRICANE SANDY RELIEF permission to address the House for 1 reconsider this because this goes deep (Mr. PAYNE asked and was given minute.) into the hearts of people as they feel a permission to address the House for 1 Ms. PELOSI. Mr. Speaker, if you’ve sense of helplessness for something minute.) ever had a natural disaster affect your they had no responsibility for, a nat- Mr. PAYNE. I am very dismayed by area or if you have ever visited a nat- ural disaster. what I have heard tonight. Citizens of ural disaster, be it in California, my Remember last year when we visited this Nation—any of us—would think at home State, or on the east coast or in some of the places where homes were a time of natural disaster they could the Midwest, whether Iowa and the uprooted? It’s earth, wind, and fire. depend on their Congress, their Nation, floods or Missouri in recent times, and When something like that happens, it’s the people of this country. Many times, spoke to and listened to the pain in the the wind, it’s the water, it’s the fire. we have come to the aid of citizens voices and saw the fright in the eyes of It’s every kind of thing assaulting peo- throughout this Nation. Why not now? the people affected, you would wonder ple. Let’s not be a part of that assault What is different now? New York, New why we are not bringing this legisla- by putting doubts in their mind as to Jersey, Connecticut, and parts of Penn- tion to the floor. It isn’t about a nat- whether there is an appreciation for sylvania have been devastated. My dis- ural disaster; it’s about a human expe- what they have lost, a respect for who trict not as much, but we still have rience. they are, and honoring of our social issues there that need to be addressed. When I was a very new Member of compact that the government will be Just the other day, I was on vacation Congress in the late eighties, we were there when people are in need. with my children, and I got a call. affected in California by the Loma Again, I hearken back to Jamie There was a leak in the roof of my Prieta earthquake. I bring that up be- Whitten. We never had a moment to house. I did not realize there was about cause the very next day after the fear that our needs would be met. Let’s a 10-foot patch in my roof missing— earthquake, the chairman of the Ap- just make this night pass as if it never from Sandy. I had the wherewithal to propriations Committee, Mr. Jamie happened. Let’s just replace the im- take care of it, but there are hundreds Whitten, came to the floor of the House pression that is out there with the idea of thousands of residents in those without anyone going to him or asking that tomorrow we will take up the Sen- States who need our help.

VerDate Mar 15 2010 05:05 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K01JA7.069 H01JAPT1 pwalker on DSK7TPTVN1PROD with H7564 CONGRESSIONAL RECORD — HOUSE January 1, 2013 I was told by a Member of this body, PERSONAL REFLECTION AND Florida Avenue in Cocoa, Florida, as the who was laid to rest this year, that this WISDOM FOR INCOMING CONGRESS ‘‘Harry T. and Harriette Moore Post Office’’ was a great body to serve in. Please let H.R. 6260. To designate the facility of the (Mr. BILBRAY asked and was given United States Postal Service located at 211 me know that he was telling the truth. permission to address the House for 1 Hope Street in Mountain View, California, as minute.) the ‘‘Lieutenant Kenneth M. Ballard Memo- f Mr. BILBRAY. I apologize to my col- rial Post Office’’ leagues for changing the subject for a H.R. 4389. To designate the facility of the HURRICANE SANDY RELIEF moment, but this will be the last United States Postal Service located at 19 East Merced Street in Fowler, California, as (Mr. DENT asked and was given per- chance I’ll be able to address the the ‘‘Cecil E. Bolt Post Office’’ mission to address the House for 1 House. H.R. 1339. To designate the City of Salem, minute.) Six and a half years ago, I had the Massachusetts, as the Birthplace of the Na- Mr. DENT. My congressional district privilege of coming to the House and tional Guard of the United States. abuts the State of New Jersey. Hun- standing here after a special election. H.R. 5859. To repeal an obsolete provision dreds of thousands of people in my con- I’d like to paraphrase, basically, what I in title 49, United States Code, requiring said then: I come from the 50th District motor vehicle insurance cost reporting gressional district were without power H.R. 1845. To provide a demonstration for some time. We were very much im- of California—a classic coastal commu- project providing Medicare coverage for in- pacted, but what I noticed most during nity. After having been out of the Con- home administration of intravenous immune this terrible hurricane were all the gress for 5 years, they returned me globulin (IVIG) and to amend the title XVIII New Jersey and New York license here to the House as the 50th District, of the Social Security Act with respect to plates in my congressional district. We it being that classic environmental the application of Medicare secondary payer were sheltering many of the evacuees community, recycled Congressmen rules for certain claims who were looking for friends and fam- when it came to my election. I would H.R. 4053. To intensify efforts to identify, prevent, and recover payment error, waste, ily and who were just looking to go to just ask that both sides understand fraud, and abuse within Federal spending a place where they could be com- what a great privilege it is to represent H.R. 6671. To amend section 2710 of title 18, fortable. the 50th. United States Code, to clarify that a video I think it would be very wise for lead- In leaving, I just want to say one tape service provider may obtain a con- ership to reconsider the decision to ad- thing: I hear that one of the major sumer’s informed, written consent on an on- journ the House before dealing with issues you’re going to address when going basis and that consent may be ob- this legislation. Frankly, I’m not yet this new Congress comes in is the issue tained through the Internet convinced that this legislation has ade- of immigration, and those of us in Cali- f quately addressed some of the concerns fornia understand that. The one place ADJOURNMENT that Democrats and Republicans we have in the Commonwealth of Penn- Mr. BILBRAY. Mr. Speaker, I move should be able to agree on, especially sylvania, but I’m willing to work with that the House do now adjourn. everybody to make it right. In having with the budget crisis, is: When are we The motion was agreed to; accord- witnessed what happened to our friends going to stop the practice of people ingly (at 11 o’clock and 58 minutes in New Jersey and New York, I think who are committing a crime by em- p.m.), under its previous order, the it’s imperative that we stay here and ploying illegal immigrants? House adjourned until tomorrow, Take the tax deduction away, and re- address this issue. Obviously, all of us Wednesday, January 2, 2013, at 10 a.m. quire that if a business wants to claim have places we’d like to be right now, for morning-hour debate. perhaps, rather than right here, but it’s a business deduction for employing important. Our friends are struggling somebody that we make sure those em- f and suffering, and I think we need to ployees are legal—just by requiring E- EXECUTIVE COMMUNICATIONS, get the work done. Verify. ETC. Again, Mr. Speaker, I am going to Under clause 2 of rule XIV, executive f miss a lot of faces around here in communications were taken from the Washington, but as a San Diegan, let Speaker’s table and referred as follows: HURRICANE SANDY RELIEF me assure you that I will not miss the 9000. A letter from the Attorney, Legal Di- (Mr. HOLT asked and was given per- weather. vision, Bureau of Consumer Financial Pro- God bless and thank you. mission to address the House for 1 tection, transmitting the Bureau’s final rule minute.) f — Home Mortgage Disclosure (Regulation C): Adjustment To Asset-Size Exemption Mr. HOLT. E pluribus unum: one out BILLS PRESENTED TO THE Threshold [Docket No.: CFPB-2012-0049] re- of many. PRESIDENT ceived December 31, 2012, pursuant to 5 We help each other. We always have. Karen L. Haas, Clerk of the House, U.S.C. 801(a)(1)(A); to the Committee on Fi- My district and many around were reported that on December 31, 2012, she nancial Services. 9001. A letter from the Deputy Assistant badly affected by one of the largest presented to the President of the storms, by one of the most expensive Administrator for Regulatory Programs, United States, for his approval, the fol- NMFS, National Oceanic and Atmospheric storms, by one of the worst storms in lowing bills: history. There are thousands of people Administration, transmitting the Adminis- H.R. 6587. To designate the facility of the tration’s final rule — Fisheries of the Carib- who are not going back to their homes. United States Postal Service located at 225 bean, Gulf of Mexico, and South Atlantic; They deserve our help. I wish I could Simi Village Drive in Simi Valley, Cali- Reef Fish Fishery of the Gulf of Mexico; speak as articulately and in such a fornia, as the ‘‘Postal Inspector Terry As- Amendment 35 [Docket No.: 1206013412-2517- measured manner as our leader did and bury Post Office Building’’ 02] (RIN: 0648-BB97) received December 20, as others have, but I’m afraid my anger H.R. 6379. To designate the facility of the 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the is going to get the better of me. United States Postal Service located at 6239 Committee on Natural Resources. Some weeks ago, someone said to me, Savannah Highway in Ravenel, South Caro- 9002. A letter from the Acting Deputy Di- rector, NMFS, National Oceanic and Atmos- You know, you’re not going to get help lina, as the ‘‘Representative Curtis B. Inabinett, Sr. Post Office’’ pheric Administration, transmitting the Ad- from the House of Representatives be- H.R. 3892. To designate the facility of the ministration’s final rule — Snapper-Group cause these are blue States. They voted United States Postal Service located at 8771 Fishery of the South Atlantic; 2012 Commer- for a Democrat for President. Auburn Folsom Road in Roseville, Cali- cial Accountability Measure and Closure for Now, I would like to think—and Mr. fornia, as the ‘‘Lance Corporal Victor A. Dew South Atlantic Snowy Grouper [Docket No.: KING and Mr. LOBIONDO and Mr. SMITH Post Office’’ 0907271173-0629-03] (RIN: 0648-XC380) received and Governor Christie would like to H.R. 3869. To designate the facility of the December 27, 2012, pursuant to 5 U.S.C. think—that this is not a partisan mat- United States Postal Service located at 600 801(a)(1)(A); to the Committee on Natural East Capitol Avenue in Little Rock, Arkan- Resources. ter, but I have to wonder what could be sas, as the ‘‘Sidney ‘Sid’ Sanders McMath 9003. A letter from the Deputy Director, Of- going on here. Why would we not help Post Office Building’’ fice of Sustainable Fisheries, NMFS, Na- each other as this House has always H.R. 2338. To designate the facility of the tional Oceanic and Atmospheric Administra- done? United States Postal Service located at 600 tion, transmitting the Administration’s final

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

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

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Vol. 158 WASHINGTON, TUESDAY, JANUARY 1, 2013 No. 172 Senate The Senate met at 2 p.m. and was U.S. SENATE, the provisions of rule XIV, I object to called to order by the Honorable BAR- PRESIDENT PRO TEMPORE, any further proceedings. BARA BOXER, a Senator from the State Washington, DC, January 1, 2013. The ACTING PRESIDENT pro tem- of California. To the Senate: pore. Objection having been heard, the Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby bill will be placed on the calendar. PRAYER appoint the Honorable BARBARA BOXER, a Mr. REID. Madam President, what is The Chaplain, Dr. Barry C. Black, of- Senator from the State of California, to per- the business of the day? fered the following prayer: form the duties of the Chair. f Let us pray. PATRICK J. LEAHY, RESERVATION OF LEADER TIME Almighty God, source of strength for President pro tempore. stressed-out emotions and strained Mrs. BOXER thereupon assumed the The ACTING PRESIDENT pro tem- minds, we don’t pray to inform You of chair as Acting President pro tempore. pore. Under the previous order, the things You don’t know or to urge You f leadership time is reserved. from a reluctance to help us. Lord, we f RECOGNITION OF THE MAJORITY pray to obey Your command, to allow LEADER MORNING BUSINESS ourselves to action, to mitigate anx- iety, to exercise faith, and to embrace The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- Your promises. pore. The majority leader is recog- pore. Under the previous order, the Thank You for using our Senators in nized. Senate will proceed to a period of the early morning hours of this new Mr. REID. It is so good to see the morning business until 3:30 p.m., for year to accomplish Your purposes. May Presiding Officer presiding. debate only, with Senators permitted the sparks from their bipartisan co- f to speak therein for up to 10 minutes operation ignite flames of unity that each. SCHEDULE will illuminate the inevitable darkness Mr. REID. Madam President, I note to come. Lord, give our lawmakers the Mr. REID. After leader remarks, the the absence of a quorum. resiliency, resourcefulness, and resolve Senate will be in a period of morning The ACTING PRESIDENT pro tem- to accomplish Your will on Earth even business, with Senators allowed to pore. The clerk will call the roll. as it is done in Heaven. speak for up to 10 minutes each. The legislative clerk proceeded to We pray in Your merciful Name. We are awaiting the House to do call the roll. Amen. something on the cliff, we hope. We Mr. DURBIN. Madam President, I ask have Sandy to deal with, and we are unanimous consent that the order for f waiting on that. We have a series of ex- the quorum call be rescinded. ecutive nominations that we need to The ACTING PRESIDENT pro tem- PLEDGE OF ALLEGIANCE clear today. pore. Without objection, it is so or- f dered. The Honorable BARBARA BOXER led Mr. DURBIN. I ask to speak in morn- the Pledge of Allegiance, as follows: MEASURE PLACED ON THE ing business. I pledge allegiance to the Flag of the CALENDAR—H.R. 459 The ACTING PRESIDENT pro tem- United States of America, and to the Repub- Mr. REID. Madam President, I am pore. The Senator is recognized. lic for which it stands, one nation under God, told H.R. 459 is at the desk and due for indivisible, with liberty and justice for all. f a second reading. THE FISCAL CLIFF f The ACTING PRESIDENT pro tem- pore. The clerk will report the bill by Mr. DURBIN. Madam President, it title for the second time. was after 2 a.m. this morning when the APPOINTMENT OF ACTING The legislative clerk read as follows: Senate finally passed this historic PRESIDENT PRO TEMPORE A bill (H.R. 459) to require a full audit of measure which puts the fiscal cliff be- The PRESIDING OFFICER. The the Board of Governors of the Federal Re- hind us, if—if—the House of Represent- clerk will please read a communication serve System and the Federal reserve banks atives follows through and passes it as to the Senate from the President pro by the Comptroller General of the United well. I hope they take it up today or as tempore (Mr. LEAHY). States, and for other purposes. quickly as possible and pass it with the The legislative clerk read the fol- Mr. REID. Madam President, in order same bipartisan spirit and vote we saw lowing letter: to place the bill on the calendar under on the floor of the Senate last night. If

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

S8611

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VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S8612 CONGRESSIONAL RECORD — SENATE January 1, 2013 I am not mistaken, the final vote was gency need? Two thousand dollars is widely misunderstood. This is a tax 89 to 8, which was a significant bipar- not an extraordinary amount of money which applies to a very small fraction tisan vote. until we consider that a simple trip to of a percentage of American families It was a moment of high emotion in the emergency room or urgent care that when the breadwinner passes away the Senate for several reasons. First, clinic could result in a $2,000 medical have a valuable estate that can be sub- on a personal level, many of our col- bill. They asked working families, and ject to Federal taxation. It is a very leagues were casting their final vote as barely half of American families had small percentage. Some 3 percent Senators. Those who are leaving the access to $2,000. That tells us how close might be affected by an estate tax. At Senate gathered in the well and we to the edge so many families live. the higher levels that we have dis- wished them the best. It was also a mo- Had we not acted on this measure cussed in our debate on this issue, less ment of high emotion because I cannot early this morning, these middle-in- than 1 percent of estates end up paying think of another vote in recent times come families would have faced an in- any tax whatsoever to the Federal Gov- the American people followed so close- crease in their taxes of more than ernment. ly. I couldn’t sit down on an airplane $2,000 a year. That is not only in Illi- The Republicans insisted on a provi- or at a restaurant in Chicago without nois and California but across the Na- sion which Senator KYL of Arizona had having somebody come up to me and tion. So we had to come together to been championing for years, which say: What is going to happen? They protect those families. would raise the exemption for estates were very concerned, as they should That was the starting point for the to over $5 million, which means a $5.1 have been, because the so-called fiscal President’s position on this issue and million estate would not be subject to cliff is a threat to our economic recov- the starting point for the Democrats. any taxation, and over that amount ery and one that, I believe, finally mo- We passed, 6 months ago in this Cham- would be subject to a 40-percent tax re- bilized the majority necessary to pass ber, a measure which would have pro- sponsibility. this measure in the Senate on a bipar- tected these families. We sent it to the I personally think it should have tisan basis. House. They never called it, and we had been a lower figure. We are dealing The President showed extraordinary to renew our efforts last night, and with the wealthiest people in America, leadership on this matter. I know he successfully we were able to achieve again, and many of them make plans, was personally invested in it. He that by the end of the evening. estate planning, to avoid this tax thought about it long and hard. He left We had to bargain, as usual, in the throughout their lives, and it turns out his family vacation, which he looks political atmosphere and had to raise that fewer than one-half of 1 percent of forward to, and even more so after the the exemption from $250,000 of family those who use this benefit are actually campaign, to come back to Washington income to $450,000 of family income. small businesses or farmers. Most of and try to put together a solution to But, in so doing, we have protected them are very wealthy people who have this fiscal crisis. He was successful in working families from this tax increase done well. the Senate, and I hope he will be in the which otherwise would have taken I can think of a friend of mine in cen- House as well. place. These families need the re- tral Illinois. Her father was a farmer The President also had the able ef- sources to not only meet the bills they and started with very modest means, forts of his Vice President, JOE BIDEN, face each month but to try to save a bought some land, and over time the to help in this effort. Last night, Vice little bit for the future, for their fami- land has mushroomed in value to the President BIDEN came back to his lies, and for some of their own dreams point where his estate is worth multi- home, the Senate, where he served for about a better life. millions of dollars. She will have an es- 36 years, and spoke to the Senate So that was the important first step tate that is huge far beyond what she Democrats about the importance of in this package that was passed early could imagine, and she would be sub- this vote. It was for almost an hour and this morning. ject to this tax. She is not a farmer. I a half on New Year’s Eve, somewhat The other thing that was part of it do not think she has ever been on a surreal, as we gathered—some away was a 5-year extension—I wish it had tractor, unless she did as a child, and it from their spouses for the first time in been permanent—but a 5-year exten- is an asset which would be subject to decades—for this important vote, and sion on the Recovery Act expansion of the estate tax. for an hour and a half we spoke and the earned-income tax credit. The So we have reached an agreement, al- asked questions of the Vice President earned-income tax credit is a measure beit a reluctant agreement, to estab- and expressed our feelings. We could passed during the Reagan administra- lish this estate tax exemption of $5.1 sense during the course of that meeting tion which said we would give working million, subject to a tax beyond that of an emerging consensus among the families a tax benefit for working: the 40 percent. Democratic Senators. In the end, all earned-income tax credit. That is prob- There were many other provisions re- but three of the Democratic Senators ably, as President Reagan described it, lated to the Tax Code, some of them voted in favor of this measure. the best way to eliminate and reduce very esoteric, but that was an impor- There are parts of the bill many of us poverty in our Nation. So the Recovery tant starting point, protecting working disagree with even today, but we un- Act expansion of the earned-income tax families, protecting the deductions and derstand it is the nature of compromise credit has been extended for 5 years. credits they need the most, and mak- that part of what we have to accept The child tax credit, which does ex- ing certain we have revenue coming in may not be popular, but we have to be actly what it says—it says to families from this. We anticipate some $600 bil- willing to compromise to solve prob- with children: We will give you a tax lion in new revenue coming in to help lems. When we look at the issues before credit to help you raise those chil- reduce our deficit as a result of this. us, I think we made some significant dren—that, too, was renewed for an- We also have something in law which progress. The most significant progress other 5 years at the enhanced Recovery the Acting President pro tempore and I was to protect 98 percent of American Act level. And a provision in the law, talked about for a moment: the alter- families from any tax increase. If the which was added by Senator SCHUMER native minimum tax. There was a time Senate measure is approved in the of New York years ago, which helps when they took a look at America and House, we will see 98 percent of Amer- working families to pay for college said: How can this possibly be that ican families spared a tax increase education, that, too, was included in some of the wealthiest people pay no today. this measure. taxes? So we established something The vast majority of working fami- So from a working family perspec- called an alternative minimum tax, lies, middle-income families, struggle. tive, there were many good and impor- which said: If under the regular Tax They live paycheck to paycheck. The tant elements that were included in Code you escape all tax liability, you Pew Institute did a survey within the this measure. are going to be subject to the alter- last year or two asking working fami- We also considered a lot of other tax native minimum tax, where you will lies a very basic question: If an emer- measures, some of which I liked and pay something. gency came up, could you find $2,000, some I did not like. One of them in par- Well, it was not a bad idea 30 or 40 borrow or find $2,000 to meet an emer- ticular, the estate tax, is a tax that is years ago when the debate started. But

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We passed it postpone the impact of this tax on mid- middle-income Americans, and it was months ago in the Senate, and we sent dle-income families—let’s say, families included in this package. It is an im- it to the House of Representatives. in the $100,000 to $200,000 range. This portant element. They not only could not pass their own has been vexing us for decades. One last point. When you ask the farm bill—never did—but they would Last night, in the Senate—or this Congressional Budget Office: If you had not even consider calling the bipar- morning, in the Senate—with the pas- to spend one tax dollar to help the tisan Senate bill. The farm organiza- sage of this legislation, we have dealt economy, where would you spend it, tions were begging them: Call it. We with the problem once and for all. We they will tell you over and over again, need a 5-year program on farming. have a permanent fix on the alter- it is clear: Unemployment benefits. They would not do it. They never did native minimum tax. It is something I The $1 you spend on unemployment it. am sure most American families are benefits goes directly back into the So there was a lot of frustration over probably puzzled over, but it is an im- economy. These people are not salting here that we did good work on a bill, portant element in getting this behind it away for a rainy day. They are not the House could not put a bill on the us which was critically important as investing it. They are spending it on floor, and would not take up our bill. well. goods and services to get by—utility The thing that brought it together, We also managed to extend the doc bills and rent and mortgage payments incidentally, at the last minute—why fix. What is that all about? Over 10 and food and clothing, the basics of it was included in this emergency years ago, we said we are going to save life. package—it turns out that under the some money in Medicare. We are just As they spend it back into the econ- law, if we do not pass a new farm bill, going to take a little percentage cut omy, it is respent. So each $1 has kind we revert to the 1949 farm bill. Talk each year in how much we would pay of a multiplier effect behind it of $1.60, about going back in history and pick- doctors and hospitals who treat Medi- ultimately, into the economy. So not ing up a law which has little applica- care patients; therefore, we will reduce only is it the humane and right thing tion to today’s world, that is what hap- the cost of Medicare and be done with to do for those who are out of work and pens. One particular issue jumped off it. struggling, but it is also a good thing the page: dairy support. Now, last night I bid farewell to Sen- Well, guess what. We had a great for boosting economic growth. That is ator HERB KOHL of Wisconsin. I am idea, but when it came to imposing the an important part. going to miss him more than most peo- law, the doctors and hospitals pushed One of the real disappointments last ple can imagine because HERB KOHL back and said: Wait a minute. We need night—and I have to tell you, it really spent the time and understood Amer- this compensation for our care of Medi- is sad that it has come to this—relates ica’s dairy program. care patients. Therefore, we postponed to the farm bill. We have a chairman of Madam President, I confess, I do not it. Every year we postponed it, what we the Agriculture Committee in the Sen- understand this program. Vaguely, yes; were supposed to save we had to come ate, Senator DEBBIE STABENOW of but if it was on the final, I would flunk. up with from other sources. The so- Michigan. Past chairmen who are serv- So I used to go, on dairy issues, to Sen- called doc fix, SGR, is another one like ing here all acknowledge, as we do, she ator KOHL. Wisconsin dairy farmers the alternative minimum tax, which has done such an extraordinary job. and Illinois dairy farmers always saw has haunted us as we have done these Her leadership in constructing a farm eye to eye. budgets year in and year out. We did bill this year was masterful. I said: HERB, you are my dairy ex- not solve this problem permanently. I have been around Congress for 30 pert. You tell me. You are my adviser. We solved it for 1 year. Otherwise, years—the House and Senate. You can Well, HERB is retiring. I will need a what would have happened is, starting pick out the real legislators, and new adviser. But we found out that if today, doctors and hospitals would DEBBIE STABENOW is a real legislator. we had not passed a new farm bill, and have seen a reduction of over 25 per- She sat down and crafted a farm bill. reverted to the 1949 dairy program, the cent in their government reimburse- Now, you may not think of Michigan price of milk would double to $10 a gal- ment for treating patients. The net re- as a farm State; it is. And she looked lon. That, to me, was unacceptable. It sult would have been, in Springfield at this bill in terms of its entirety. In was unacceptable to the White House. and Chicago, IL, and across the Na- its entirety, the farm bill is about As a result, we had to come through tion—in Ohio and California—many more than farmers and ranchers. It is with an emergency measure to avoid doctors and hospitals would have said: also about nutrition and food programs that possibility. We can no longer afford to treat these and school lunch and food stamps. We should have taken the bipartisan patients, and the people—the 50 mil- They are all included in this bill. Senate farm bill. Senator STABENOW lion-plus Americans who depend on She tackled it with the ranking Re- begged for us to do this, could not get Medicare—would have had fewer publican member, PAT ROBERTS of Kan- that into the negotiation. choices for treatment. So we have re- sas, and came up with an amazing work I will say one thing that really dis- solved that issue. In the early morning product. She had over 63 votes in the appointed me last night. At the last hours, with this vote, for 1 year we Senate for this farm bill—bipartisan minute, they had one aspect of the have solved that problem. support for this farm bill. dairy program they needed to take care Another thing we have done, which is Let me tell you what it did. We not of. It costs $60 million to $100 million. critically important, is extend unem- only ended up with a bill that had the We needed to find a pay-for and, un- ployment benefits for 1 year. Two mil- support of every major farm organiza- fortunately, the other side of the aisle lion Americans—2 million—would have tion, which is no mean feat, it saved insisted that the pay-for for this dairy lost their unemployment benefits this over $23 billion in deficit reduction in 5 support come from the Federal Food morning as a result of this so-called years. She went after some of the inde- Stamp Program. That is just—that is fiscal cliff if we had not taken action. fensible programs, such as the direct sad. We had so much waste in our agri- I can tell you that it means an awful payment program to farmers, which culture programs that we identified in lot in my State of Illinois. As I men- they readily acknowledged needed to our farm bill. The fact that they would tioned, 2 million on a nationwide basis, go away, took those programs aside turn to the Federal Food Stamp Pro- but we also have 88,000 in my own State and put the money to deficit reduction. gram, the SNAP program, to come up who face the same basic problem. She went to the nutrition programs, with this money, to me, is difficult to These are people who have been out of which are critically important in a understand, explain or defend. I am work for a long time. Some of them are struggling economy, with families fac- saddened by that. I guarantee we will in school. Some are taking courses for ing income inequality, and she pro- return to that.

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S8614 CONGRESSIONAL RECORD — SENATE January 1, 2013 What we did in the early morning benefited from that tax credit last vency may also call their measure at hours is important for us. It isn’t the year. the same time. Let us have a chance to end of the story. There is more we will More than 1 million Illinois tax- have this debate and make sure we face. In 60 days, if we don’t take care, payers are protected from an increase have solvency for Social Security that we are going to face another cliff of our in taxes under the alternative min- will affect not only all our lives but the own making because in 60 days three imum tax, which I mentioned earlier. lives of our children and beyond. That, things come together. Thousands of Illinois children will con- to me, is the responsible thing to do. The debt ceiling, what is the debt tinue to have access to school readi- Medicare is much tougher. Medicare ceiling? America’s mortgage. When we ness programs such as Head Start. goes broke in 12 years—12 years. Why? spend money for a war, for the Depart- Low-income families will continue to Because, lo and behold, today, 10,000 ment of Agriculture, whatever it hap- benefit from low-income home energy Americans reached the age of 65, and pens to be, ultimately, we borrow 40 programs, LIHEAP. 10,000 reached that age yesterday and cents for every $1 we spend. So every The deal, the agreement, protects will tomorrow and for the next 10 or 15 President is forced to renew the mort- funding for nutrition assistance for years. The baby boomers have arrived. gage, the debt ceiling of the United women, infants, and children and pre- We knew it was coming. But as they States. natal care, so we can have more show up, their demands for services I think of President Ronald Reagan. healthy babies and healthy moms. The that they have paid for and invested in It was done over and over again many elderly, disabled, low-income families throughout their working lives are times without even a record vote. But and veterans will continue to receive going to continue to grow. Those peo- now it has become a political hot po- housing assistance. Over 88,000 Illi- ple who say: There is too much govern- tato, and in a matter of 60 days or so noisans will continue to receive the un- ment spending; we have to stop the we will be facing another need to renew employment benefits I mentioned ear- government spending, I want to ask America’s mortgage. In other words, lier, and Illinois businesses will benefit them: So are you going to say to the this is the full faith and credit of the from more than $8.5 billion in con- millions of Americans who paid into U.S. Government, and that is going to sumer spending by middle-class fami- Social Security for a lifetime, paid into be contentious, a matter of debate. lies, families spending more on goods Medicare for a lifetime, that we are At the same time, the continuing res- and services at a time when we des- going to walk away from our obliga- olution, our temporary spending bill, perately need this in our economy. tions? Of course not. expires. At the same time, the seques- Let me say one last word. I have been What we have to do on Medicare is tration kicks in, which is automatic involved in this deficit discussion for a find a way to meet this growing popu- spending cuts. So we will have, in 60 long period of time. This is not a def- lation with demands and the mush- days, if the House follows the Senate icit-reduction measure, period. It does rooming costs of health care. We can lead on the fiscal cliff, another chal- reduce it in some aspects, but the ar- do it. There are ways to save money, lenge. Let us hope we have learned a cane scoring by the Congressional humane ways to save money and pro- tect the integrity and the future of So- lesson from this one. Budget Office will not give us any cred- The American people are sick and it for reducing the deficit. We do have cial Security, Medicare, and Medicaid. tired of incompetence, political pos- more revenue coming in toward deficit I think the President’s ObamaCare, as it has been characterized, or Affordable turing, and failure of Congress to come reduction, but some of the other meas- Care Act, is a step in that direction, together on a bipartisan basis to solve ures I mentioned would be scored as ex- but we need to do more when it comes a problem and they want us to get the penditures. to Medicare. problem solved and get this Nation Having said that, we still have a def- I see my friend and colleague from icit issue. We still have a deficit prob- moving forward. Ohio on the floor. I yield to him and In the early morning hours in the lem. thank him for his friendship and his Senate, we finally achieved it. It What we tried to establish this morn- leadership on these important issues. should have been done long ago, I un- ing in this vote is revenue has to be I yield the floor. derstand, but we achieved it. Now I part of every solution on deficit reduc- The ACTING PRESIDENT pro tem- hope the House will do the same, follow tion. The other side of the aisle reluc- pore. The Senator from Ohio. the Senate example, and 60 days from tantly, after years of resisting, came to Mr. BROWN of Ohio. I thank the sen- now we can approach this problem in a our side in the early morning hours. ior Senator from Illinois, the assistant sober, honest, mature way instead of a That is No. 1. majority leader. partisan fashion. That is what the No. 2, we need to take an honest look I concur in the remarks Senator DUR- American people expect. at entitlements. Here are what the BIN just made, especially about the I took a look, incidentally, at the facts are. Social Security untouched, vote last night. The primary thing we specific impact of this morning’s vote unamended, unchanged will make did was we spared that $2,000 tax in- on my State of Illinois. For the record, every promised payment for 20 years. crease for so many families in Cali- over 5 million Illinois families will be We can’t say that about any other Fed- fornia, Illinois, Ohio, and across this spared a tax increase under the agree- eral program, 20 years of payments, country. I remember the Presiding Of- ment we passed in the early morning with cost-of-living adjustments every ficer telling a group of us last night hours. Many of them, almost all of single year. But on the 21st year there how many hundreds of thousands of them, the working families whom I de- will be a dropoff of 30 percent in terms Californians would have lost their un- scribed earlier, without an agreement, of Social Security benefits. We have 20 employment insurance if we had not the average family in Illinois would years. We can wait. We can wait 5, 10 or acted last night the way we did. have faced an increase in taxes of more 15 years to do something or we can do My fundamental criteria on voting than $2,000. it soon, maybe even this year, 2013. on this issue and voting for this issue Half a million families in my State That is what I would like to see. was we were able successfully to stop will continue to receive college tuition I am preparing legislation to be in- cuts in Social Security to pay for some tax credits, making it easier to send troduced shortly, which will call for of this plan or raising the retirement their kids to college. This could be as the creation of a commission with a age for Medicare or not doing the un- much as $1,000 of assistance each year, very simple assignment, come up with employment insurance in the way we which I am sure is a helping hand. a plan for 75-year solvency of Social did. So all those were victories last Also, 1.5 million Illinois families Security. When they have it, and it has night. raising children will continue to ben- been certified to be a valid plan, report I also concur with Senator DURBIN efit from the child tax credit, a yearly it to Congress to be considered, with- that while adding 5 years to the savings of about $1,000, on average, for out debate—I shouldn’t say without de- earned-income tax credit, locking in each of these Illinois families with bate—without filibuster, without one of the best poverty-fighting pro- kids. Working families in Illinois will delay. When it comes to the floor, any grams to be begun by Ronald Reagan, continue to receive the earned-income Member who can offer a substitute suggested, I believe, by Milton Fried- tax credit. Over 230,000 Illinois families amendment that achieves 75 years’ sol- man—supported by both parties for

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 1, 2013 CONGRESSIONAL RECORD — SENATE S8615 many years—we are not seeing that the car, putting people to work creating different levels than that, different oc- way we used to with the earned-income jobs at restaurants and creating jobs at cupations than that. Americans, be- tax credit. It rewards families that the hardware store. Those workers are cause they are kind of tuned in to the work, a family making $30,000 a year. paying property taxes to hire teachers news media, which is kind of an infor- This is not a whole lot more than the and paying the local city income tax to mation media or an entertainment minimum wage, $3 or $4 more, maybe, hire firefighters and police. So we media, built this fiscal cliff so it ap- than the minimum wage but not a liv- know what manufacturing jobs do as peared to be Niagara Falls with money able wage, and they get significant tax we see that increase. running over it. It is more of a gradual credits. This is sort of what Friedman In fact, since the auto rescue, in my slope. But we have to stop the down- called a negative income tax, and this State, the unemployment rate went ward slope we are on. It is important works so well for encouraging work in from 10.6 percent soon after the auto we do that. And this is a body that can this country. rescue sort of took effect, if you will, do that. Congress can do that. We did that only for 5 years, while and now the unemployment rate is We conduct a war of words around bringing the estate tax up to a $5 mil- under 7 percent. It is not what it ought here—of this protecting the ‘‘rich’’— lion exemption, which I thought was to be, but I think that is what last and it sticks. You know, I don’t know far too generous because it is only paid night’s vote, ultimately, was a recogni- of anybody who is trying to protect the by far fewer than 1 percent of the tion of; that the people here with this rich. The problem comes with the defi- American people. That was made per- 89-to-8 vote—89 votes yes, 8 votes no, nition of ‘‘rich,’’ and that is a hard one manent while the earned-income tax with strong bipartisan support, which I to explain. Any attempt that looks like credit was only made for 5 years. hope we see this afternoon in the that, and we go back to the sticky word of ‘‘rich,’’ whom nobody is trying The tax credit for college students, House—I think it was a recognition to protect. for families, was so important in this that we don’t grow the economy by tax I used to be in business. I used to be legislation too. Much of what we did cuts for the rich and trickle-down eco- one of those small businessmen, and I was simply ask the wealthy to pay a nomics. We tried that in the last dec- knew that at the end of the year, the little bit more, to bring tax rates, as ade. It didn’t work. We understand, his- business would show a profit. Now, un- the Presiding Officer knows, back to torical evidence shows—and I think we fortunately, we couldn’t take the the levels of the 1990s. recognized it last night—by focusing on money out of the business if we were I think it is important to put this in the middle class, tax cuts for the mid- going to continue to grow the business, a little historical perspective. In the dle class, investments in schools, and if we were going to bring on more peo- 1990s, tax rates were a little bit higher investments in infrastructure and un- ple. It also meant we needed to have for upper income people. We saw in employment insurance for people who more product, and that meant we had those 8 years in the 1990s, from 1993 to have lost their job, keeping Social Se- to have more investment in the busi- 2000—the Presiding Officer’s first year curity and Medicare strong, investing ness. So the money we could have in the Senate, 1993, my first year in the in college credits, and rewarding work taken out that showed as ‘‘profit’’ ac- House—we saw incredible economic through the earned-income tax credit, tually went back into the business. growth. Wages went up for the average we grow the economy from the middle We kept saying: How can we have so American, average Ohioan, average class out. That succeeded in the 1990s. little money when we make so much Californian, average American. We saw There were 20 million-plus new manu- money? 21 million private sector net jobs cre- facturing jobs. Trickle down didn’t do Well, that is the position a lot of the ated, and President Clinton left office so well the 10 years after. small business men and women are in with the largest budget surplus in Now we are coming back and recog- around this country. They are having American history. nizing, with this overwhelming vote to put all their money back into their We know what happened the next 8 last night, both parties are recognizing businesses. And I understand when peo- years, where we saw very little eco- we grow the economy from the middle ple say don’t protect the rich—those nomic growth, only about 1 million— class out. making $250,000 or $400,000 or $450,000, being generous—only about 1 million I think that is why last night was a whatever the amount comes out to be— private sector net jobs created in those huge victory, surely, politically for the but the person working in that busi- 8 years. President. But what it was a victory ness, probably making $30,000, $40,000, In what hit my State particularly for, truly, was a victory for the middle $50,000, or $60,000, says: If all I am mak- hard, we saw a real decline in manufac- class and a victory for those who want ing is that amount and they are mak- turing. From 2000 to 2010, we lost, in to join, aspire to the middle class, and ing $250,000, we really ought to tax this country, net, 5 million manufac- a victory for this country, for our econ- them. You know, it is a fairness issue. turing jobs—manufacturing jobs. omy, for our economic growth and for But when it gets down to the point of Maybe people who dress like this our future. what they actually get to take out, around here don’t think much about I yield the floor. what their take-home is, it is a lot dif- that. I know the Presiding Officer does The ACTING PRESIDENT pro tem- ferent. They look really good on paper, because her State is the No. 1 manufac- pore. The Senator from Wyoming. they look rich on paper, but the money turing State in the country. f they get to take out is significantly It is especially important in my less than that, and that is where the di- RULES CHANGES State. We lost hundreds of thousands of vide came in when trying to solve this manufacturing jobs. While we lost 5 Mr. ENZI. Madam President, we are problem. Now, could it have been million manufacturing jobs nationally, busy patting ourselves on the back for solved? Yes, it could have been solved. tens of thousands—I believe 60,000 is avoiding the fiscal cliff. I don’t know What we need to do around this insti- the number—of manufacturing plants how much congratulations we ought to tution is to start legislating and stop closed in those 10 years. have for that. deal-making. We are a legislative body. But the good news is that since the Yesterday, I was buying some gro- You can’t have 100 people involved in a auto rescue, we have seen what is be- ceries, and the guy at the checkout deal, and consequently we don’t. We ginning to be significant manufac- stand had no idea who I was and have the group of 2, as in the case of turing job growth, some 500,000 new shouldn’t have. He said: What is going this one, or a group of 4 or 6 or 9 or manufacturing jobs since 2010. Almost on, on Capitol Hill? What are those maybe as many as 12 getting together every month—not quite every month people doing? We ought to fire every- and putting together some kind of but almost every month—an increase body in Congress. They can’t get their comprehensive package to put before in manufacturing jobs. We know what work done. We have to get our work this body, and those who aren’t in the a manufacturing job does in a commu- done. They don’t have to get their group are really kind of insulted by it. nity. For workers earning $20 or $25 an work done. They do not make a big deal out of it hour, that worker is spending money in He made a good point. I am telling because that has become the tradition, that community. That worker is buy- you, it is down to the level of grocery but that is not how it is supposed to ing things, buying a home, buying a store checkout people—and I suspect work.

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S8616 CONGRESSIONAL RECORD — SENATE January 1, 2013 I have been there. I have gotten to and the way we do that is by legis- some things that actually concentrate legislate. It is one of the privileges of lating. We put out a bill that is 80 per- the power in the hands of the leaders this country. The main person with cent of the whole issue, not 100 percent rather than the body as a whole, and whom I legislated was Senator Ken- of the whole issue because that is com- that is the filibuster process, and that nedy. Senator Kennedy was considered prehensive. We need to put out the 80 filibuster process can be manufactured. one of the most liberal people in the percent both sides agree on and then I have to tell a couple of stories. One Senate, and I have always been consid- allow amendments on it. That is some- bill I worked on around here had a so- ered one of the most conservative peo- thing we haven’t been doing around lution for health care. I called it small ple in the Senate, but we were able to here for a long time. business health plans. The idea behind work together to get 38 bills out of First of all, a bill needs to go to com- the bill was that small businesses could committee and through this body, and mittee. The committee is where the get together through their association the worst vote we ever got was 15 votes people intensely interested in that par- or any way they wanted to, across against. How did we do that? Well, we ticular bill preside and work and exert State lines, even nationwide, to form a didn’t try to solve the world’s problems their efforts. That is where they want buying group big enough to take on the all in one bill. We took an issue at a to concentrate. biggest of the insurance companies. When a bill comes to committee, you time, and we found the common Think about that—the power to take can have maybe 200 or 300 amendments ground. We found what we could agree on the biggest of the insurance compa- in committee, and the chairman and on, and that was usually about 80 per- nies. Yes, there was some opposition to the ranking member—that is the name cent of the whole issue. That is pretty that—call it the insurance companies. we give to the person with the most se- good. But many of them worked with us and niority in the minority—can sit down We worked on issues that had been began to understand how they could together and sort through these around here 10 or 12 or 15 years without participate in the process and then amendments. Out of the 200, there are passing, having come to the floor nu- went along with it. probably 100 that nobody in their right merous times, and mainly what we did One of the biggest insurance compa- mind would really offer. Out of the re- was we would sit down with the stake- nies in the Nation had some ads out of maining ones, you will find there are holders, who were intensely interested Massachusetts opposing the bill, and people on both sides who have very eventually that helped to keep the bill in the bill, who had been lobbying on similar ideas on how to solve that from ever happening. But the biggest that bill for years and years, and we problem, so you get those people to sit thing that kept the bill from hap- would say to them: This is what we can down together and take a look at all pening—Mr. President, I ask unani- get. This is what we have to leave out. the amendments that are similar to mous consent to speak for another 10 It wasn’t compromise. Compromise is that one and see if they can’t come up minutes or the right to allow the Sen- when you give up half of what you be- with a single amendment that will lieve in, I give up half of what I believe solve that part of the problem. And you ator from California to speak and then in, and we wind up with something that know what. They do. Now, it might not have it come back to me. Mrs. BOXER. I am wondering if the neither of us believes in. But common be 100 percent of what they want. It is Senator can finish in 5 minutes, and ground happens. There is common probably, again, only 80 percent of then I would speak, and then he can ground on every one of these issues, what they want. But it is something on and that is what we have to find—the which they can all agree. have more time. common ground. Here is the really magnificent part Mr. ENZI. Yes, just a couple more So we would meet with these stake- that helps a bill get through com- minutes. holders, and they would say: No, you mittee: They can all say: It was my The PRESIDING OFFICER (Mr. are leaving out the most important idea. They can all go to the media and BROWN of Ohio). The Senator from Wy- part of this whole bill. This is what we put out the release that says they oming. Mr. ENZI. So on this small business really want. solved this particular problem, and health plan, when it came to the floor, If it was Senator Kennedy’s constitu- that helps a lot around here. ency, he would have to make the com- So committee work is extremely im- I had the unfortunate experience of ment, and if it was mine, I would have portant, but when a bill comes out of having Senator Frist setting a fili- to make the comment: How long have committee, it is not perfect. When Sen- buster and filling the tree. ‘‘Filling the you been working on this? ator Kennedy and I were working the tree’’ means nobody can make another They would say: We have been work- bills, we not only recognized they amendment to the bill. But here is the ing on this for 10 years. weren’t perfect, but we were able to catch: After this came out of com- I would say: How much of it have you talk to those Members whose problems mittee, we got the people together who gotten? we weren’t able to solve by the time had a problem with the bill, and we had Then they would say: Well, nothing. the amendment process came up in one amendment that would have solved I would say: Here is what we can get committee, and we promised to work those problems. With the tree filled, for you. with them until the bill got to the that one amendment couldn’t come up. And I would outline it again, and I floor and not to take the bill to the That one amendment couldn’t happen. would say: Isn’t that better than noth- floor until we had a solution to that So what happened? We talked about ing? problem or the right for them to offer the bill and how it lacked this par- The light would come on, and they an amendment. That helped a lot to ticular part. I kept explaining how we would say: Oh, that would be good get the bill out of committee. had an amendment that would take progress. Once a bill comes out of committee care of that. Everybody in the Chamber Then they would quit pushing in a bipartisan way—meaning people knew that amendment was not going against us, and they would get to- from both sides of the aisle, Repub- to happen, and consequently, on a proc- gether with us. licans and Democrats and Independ- ess vote, it was killed with just over 40 It is amazing sometimes that the ad- ents, support the bill—then there is a votes. That is what happened with the vocates for a bill are really sometimes chance of bringing it to the floor and filibuster. Had that amendment been the ones who are stopping the bill from actually getting some time to debate. possible, we would have had one of the happening, and it is over the issues— And the debate part is important. That things in place for health care—just that 10 percent on each side, which is kind of where we bring America one, but it would have solved a lot of amounts to 20 percent—that we are not along. There is coverage during the things for a lot of businesses, and that going to get resolved. There are some committee process, but that is a little is where a lot of people work in this basic values on both sides, and they are harder to follow. The debate here on country, and that is where jobs are. important to both sides and they are the floor is where we bring America So that is how we can do this job of both right, but they are not common along on whatever ideas we have, and legislating. ground. so the debate here is very important. My second story would be—and this But this is where we have to go. We Over time, there has been this proc- one is much shorter—about the year have to get to common ground again, ess where the leaders have invented Senator HARKIN and I brought an FDA

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 1, 2013 CONGRESSIONAL RECORD — SENATE S8617 bill to the floor. When it got to the erything. They have a program. The weren’t producing the cleanest cars floor, we explained to the leader that other party opposition has a program. they could, the most fuel economy cars there were going to be 14 amend- There may be other parties as well but they could. I believed they were miss- ments—8 of them would be brought up two major parties. One of them gets ing out on an opportunity. But let me and would fail, and the other 6 would elected, they put together a coalition, tell you, when I was faced with the be withdrawn. A week later we finally they have discipline, they have a pro- issue of whether to let them go bank- got to start on the amendments for gram. They don’t have to sit down with rupt or stand and give them a chance, that bill. There was worry that there people they don’t see eye to eye with. I chose that chance. And I am proud would be some extraneous ones thrown They just have to get together and pass that I did it, and I am proud of this in. We already had agreement, I guess the program. If the people don’t like it, Congress for doing it. I am proud of you could say, from the most conserv- there is a vote of confidence and out this President for leading the way. ative and most liberal from each of our they go and in comes the opposition. That was a critical vote. And this vote sides that they would not bring up the They have a channel. That is not the this morning, I believe, was a critical peripheral amendments, and they American system. Our system is much vote if we really wanted to keep this didn’t. So a week later, when we finally more difficult in so many ways. So economy moving forward. got to start to vote—and we could have many of us are so passionate on so A lot of people say: How did Presi- done that the same day, although we many issues and believe so strongly, dent Obama ever win with that unem- finished up in a day and a half—we had and yet we know we have to com- ployment rate so high? All the histo- eight amendments that got defeated promise, as Senator ENZI has said. rians were saying it was never going to and six amendments that were with- When I sat down with Senator INHOFE happen because it has never happened. drawn. So we wound up exactly where on the Transportation bill—and I will Well, I will tell you why I believe it we knew we were going to be, and the be doing it now with Senator VITTER on happened. I believe people understood bill passed here 96 to 1. the WRDA bill—the water resources what we went through, what we suf- That is how the committee process bill—I laid out the five things I cared fered through, what he inherited, not can work, and that is how not having a most about, he laid out the five things to mention two wars on a credit card filibuster can work, and that is what he cared most about, and, to be honest, that he had to end. So I think people we need to get back to. We need to be there were only a couple things that understood this. We don’t give the peo- legislating, not deal-making. And I will matched. So we started with those ple enough credit. They got it. They talk later about some of the deal-mak- things, and then we met each other in understood it. And I hope they realize ing, and we have seen that with the the middle with the rest. Then the Sen- this President has led us to this point, cliff process. ate had a chance to work its will. with the Vice President, with Senator I yield the floor. When the bill got over to the House, MCCONNELL, with Senator REID, to The PRESIDING OFFICER. The Sen- it was stuck. It was trapped. We all move this economy forward. ator from California. went over there, all of us together on a Mrs. BOXER. Mr. President, I would Let me tell you very quickly why it bipartisan team, to speak to Speaker is so important to my home State. A like to say to Senator ENZI that I agree BOEHNER and Chairman MICA and say: with so much of what he said. Our lot of my colleagues roll their eyes OK, let’s get it done. And we did. So it being here on New Year’s Eve, some of when I tell them we have 38 million us without our families, is nothing to can get done. people in California. My friend from be proud of, and having been able to do THE FISCAL CLIFF Wyoming, how many people in Wyo- our work through the committee sys- But we are where we are, where we ming? There are 562,785, and we have 38 tem, I think he made a very good are. This morning we had a choice, and, million people. All right? point. frankly, I was proud to see the over- I want to tell you what it means that ENZI and Kennedy were quite a team; whelming vote we had. It was amazing, we voted the way we did. It means BAUCUS and GRASSLEY had their suc- 89 to 8. I don’t know what motivated 400,000 people this morning will lose cesses; LEVIN and MCCAIN recently had every colleague; I only know what mo- their unemployment insurance unless their success on the Defense bill, with tivated me to believe this was an im- the House acts. If the House acts as we lots of amendments; BOXER and INHOFE portant ‘‘aye’’ vote for me to cast. did, they will not lose it. on the Transportation bill. I can tell I will never forget this recession that What does this mean to people, you, you couldn’t find two people more we are just coming out of now, the 400,000 of them? As my friend, the Pre- different, and yet Senator INHOFE and I worst recession since the Great Depres- siding Officer—who is so good on eco- were able to do that work and get that sion. As Treasury Secretary Hank nomics—knows, there is a multiplier done and protect 2 to 3 million jobs. Paulson—who put his head in his hands effect. For every dollar we give in un- And also STABENOW and ROBERTS in the and was overwhelmed with what he ac- employment benefits, we get a bang for Agriculture Committee. tually called the potential collapse of the buck $1.42 in the community be- So my friend is absolutely right; we capitalism. That is what we faced. cause the people on unemployment can do this in the right way and not We have short memories here because spend it because they are out of work. have to be here in the middle of the our lives are so filled with fast-moving They are about to lose this help. We night. I don’t think that is anything to events every day. Some of them are need to help them, and in this package be proud of. However, I do believe what wonderful, some of them are awful, we did—2 million nationwide, 600,000 we did early this morning was right some of them lift up our hearts, some jobs at stake from the multiplier ef- and very important. I think Senators of them break our hearts. So we don’t fect, and in my State 400,000 people. Al- DURBIN and BROWN laid it out as to why remember the things that happened a most as many people as reside in the that vote was so critically important: couple years ago. State of Wyoming were about to lose It protected our families, it gave cer- When President Obama took over their unemployment insurance. Imag- tainty to our businesses, and it keeps after a very lifeless economy, as my ine—almost that. this economy moving forward. All this friend Senator BROWN said, where only I ask for an additional 5 minutes. is true if the House passes this bill. 1 million jobs were being created— The PRESIDING OFFICER. Without As Senator ENZI said so eloquently maybe not even that many—in the pri- objection, it is so ordered. and in such a straightforward fashion, vate sector over an 8-year period, and Mrs. BOXER. So when we talk about this is a deal. Each of us could write suddenly there was a collapse brought our vote this morning, it is not a our own deal, and each of us would be on by the greed of Wall Street and ma- wonky discussion. It is real people. so much happier with a deal that we nipulation of securities dealing with Five million Californians are about to personally could write. But that is not housing—a crash, a nightmare, and we get trapped into the AMT problem, the the way it is. We are not a parliamen- were losing 800,000 a month. Then the alternative minimum tax, which was tary system where one party controls auto industry was on its knees. set up for a very fair reason. I wasn’t everything. Believe me, in the past I haven’t been here at that time, but I remember In a parliamentary system that we the biggest fan of the auto industry for reading about millionaires getting see in Europe, one party controls ev- California because I believed they away with paying no taxes because we

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S8618 CONGRESSIONAL RECORD — SENATE January 1, 2013 had no alternative minimum. They taxes now because as of today they erybody participating, everybody un- took advantage of the Tax Code, got went up. So you could take credit for derstanding, the American public their deductions, and paid nothing. We cutting taxes. thinking that Congress is actually get- put it in place, but it is imperfect. We I just hope and pray that the House ting something done? That would be a had to fix it to make sure it doesn’t will do the right thing; that Democrats huge relief. I think we could have done catch the middle class—5 million of my and Republicans will come together as that with an open amendment process, people. Americans and put the country first. I limiting it probably to relevant amend- So this is like a partridge in a pear believe they will do this. I pray they ments. tree in a way: 400,000 people would have will do this. There are a lot of different things lost their unemployment compensa- I yield the floor. people would like to bring up because tion; 5 million would be caught in the The PRESIDING OFFICER. The Sen- they don’t know any other way they alternative minimum tax, which would ator from Wyoming is recognized. are going to get votes, but I keep re- have been an extra in taxes right there; Mr. ENZI. Mr. President, I want to minding my colleagues that when you and 15 million would have seen their join the Senator from California in the bring up one of those irrelevant amend- tax rates go up on average of $2,200. hope that the House will pass the bill ments, it might make it into the bill, This bill we voted for this morning that was sent over from the Senate last but it will be pulled out in conference had real consequences, and I know a lot night. It was a tremendous amount of committee. You still did not win any- of people are worried about the future effort that was put into it by a number thing. I guess you could make a big and what is coming down in 30 days, 60 of people over a number of days and press release about how you got that days, and 90 days—and I worry too. But weeks, and I think it is the best answer into the bill to begin with, but it is not I have been around here long enough to that we could come up with at this in the bill. know it isn’t going to get better if we point in time. I want to talk today about the ques- put this off until then and we have I particularly want to thank Leader tions I hear from Americans who say: twice as many issues on our plates to MCCONNELL and Vice President BIDEN Why can’t politicians in Washington deal with. for working numerous hours; starting, get along? Why is there this gridlock? So I believe what we did this morn- again, yesterday morning at 6:45 and Those are questions folks outside the ing—and my voice is going because it winding up with something late last beltway have been asking, but, like was a very difficult and emotional day night, more than 12 hours later, over may questions, the answer is involved. for all of us, some being away from the last two issues, as I understand it. For many, including President Obama their families for the first time. I know And, yes, I am glad that AMT was and Senate Majority Leader REID, it is my friend from Rhode Island and I fixed. I would remind everybody that easy and strategic to oversimplify the talked about it. It wasn’t easy, but we AMT is the last effort we had to tax answer. They have identified GOP Sen- know what we are doing here is crit- the rich, and it backfired to where it ators as the culprits and the filibuster ical. We are not proud of the fact that now taxes everybody or almost every- as the instrument. But as one of those it took us this long to get it done. body. So it desperately needed a fix. GOP Senators, let me give you my side I agree with my friend from Wyo- Now we are talking about taxing the of the story. ming. It is nothing to be proud of, but rich again, and I hope we can come up What I think people are missing and it is important what we did. We have with some collective ways that will be what some of the majority wants you certainty for businesses that depend certain for the people who are rich and to miss is why a filibuster happens. upon consumerism. We have an econ- that it will last over time instead of You do not hear this from the majority omy that is driven by consumer activ- just for a few short years. leader, but for the last few years many ity, about 70 percent of it. Now the In my area of the world, the biggest filibusters in the Senate have been de- business community knows—if the thing in that bill was the estate tax. signed and instigated by him; they House acts. I have to keep reminding People who own land in Wyoming that have not been through the committee myself it is not done. If the House acts, they bought maybe at $40 an acre now process. we will give certainty to our families, have land that is worth $2,000 an acre Here is how it works. He has a bill to our businesses, to our low-income or more, and they haven’t figured out that is popular with his party and people who depend upon refundable tax how to pay the taxes on these few acres whose title really sounds great. He credits, to our energy community that they were able to scrape together over knows many of those on our side, the relies on energy tax breaks to keep on a period of time if the amount of the minority, would actually agree with moving and keep on producing. exemption went down to $1 million, many parts of the bill, but we would So I don’t want to see economic and that is where we were headed. At $1 want votes on the items that could po- growth derailed. It was too hard and million, they would have to sell off tentially be politically embarrassing. painful to sit through this very dif- part of the ranch or part of the farm in In order to avoid these votes, he skips ficult economic recovery inch by inch, order to pay the taxes when somebody the committee of jurisdiction and every day hoping we would push for- died. All the time that land is making brings the bill directly to the Senate ward despite the odds. We had the eco- a profit people are paying taxes on it. floor. Then he uses an arcane Senate nomic crisis in New York that weighed Then when they die, they would have parliamentary procedure—he files for on us as well. to pay taxes on something they would cloture and fills the amendment tree. Well, what we did this morning was like to keep and continue in operation. That means he prevents amendments important. So I want to close by saying So the estate tax piece of that was a on the Senate floor, and often because this to my friends in the House, all of very important part for a lot of Amer- he believes they might be embarrassing them—Democrats, Republican, lib- ica, and not just the ones where people for Members on his side. erals, and conservatives—this is not are land rich and dollar poor. Our majority leader is no slouch; he the perfect deal. We all know it. Each Of course, I keep wondering what picks bills with great titles that on the of us can find a piece of it that we real- would have happened if a month ago a surface anyone could support—anyone. ly, really don’t like. But on the whole basic bill would have been put on the Remember, most of these have not it will give certainty to this economy. floor—perhaps the President’s pro- been to committee. Who could possibly In many cases, many of the provi- posal—and both sides had been able to be against students or veterans or sen- sions are permanent, such as the AMT. do amendments to it, even multiple iors or women? The problem for the mi- It gives certainty, and certainty is amendments on the same topic, like nority is that within these great- critical. We will not go back. We will the Department of Defense bill. We did sounding bills is usually something not take billions and billions of dollars 119 amendments in a day and a half or that deep down, philosophically in our out of this economy. We can’t do that 2 days. What if that had happened on bones, many just cannot accept. An ex- now. this bill? Would we have been able to ample would be tying a woman’s health I would say to my conservative come up with a package that would, I care to a mandatory public funding of friends over there: Now it is the first of suspect, be very similar to what we abortions or adding gun control to an the year. You are actually cutting passed last night but done it with ev- otherwise acceptable crime bill. These

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 1, 2013 CONGRESSIONAL RECORD — SENATE S8619 are poison pills that the majority resented by their Senators, not a party The time has come for those Senators of knows the minority won’t swallow. or a majority leader who does not the majority to decide where they stand, Best of all politically for the majority, know them as their own Senators do. whether they will abide by the rules of the The majority leader has used the fili- Senate or break the rules for the first time the minority gets blamed for filibus- in 217 years. . . . Will they support the tering and the majority leadership buster count to effectively falsely checks and balances established by the looks like the hero fighting hard for claim obstruction by Republicans. Re- Founding Fathers? the cause. That is how a filibuster can member, you can manufacture a fili- That is a quote from the majority be initiated by the majority leader to buster. Now he wants to weaken the leader. He asked if the majority would make the minority look like obstruc- filibuster further. That may happen ‘‘silence the minority in the Senate tionists. the day after tomorrow. That is dam- and remove the last check we have in If the majority party brings up a bill aging America’s faith in Congress. Washington against this abuse of containing a poison pill, even though That is damaging what the Senator power.’’ That is a quote from leader the bill has a great title, they should from California said was one of the HARRY REID. I hope he will follow his not expect the other party to swallow basic principles of this body. There are own advice and that that will not be a the poison pill without using every already filibuster rules. If used, they part of the problem right after we delay tactic possible. In fact, they would make those objecting spend time swear in the new Members this next don’t expect the minority to go along, on the floor explaining themselves, ac- week. and they use it to their full political tually talking. That already exists, and I hope the institution of the Senate advantage. in a very limited way, each Senator will continue to be a Senate. I hope we Those of us on this side in the minor- has the right to 1 hour of debate during will have more of a committee process ity have been seeing bill after bill that a filibuster—1 hour. They can have where people can work out the things did not even go through committee, other people cede their hours to them, there are difficulties with and bring a with great titles, containing poison but it is still a very limited amount. At more consolidated, more comprehen- pills, come to the floor directly. We any point, if there is not somebody on sive, less compromising area between were not assured even of a vote to try the floor to take more of that hour, the which neither of them believe that will to take the pill out even though the Presiding Officer can end that part of get to the floor and then have an open majority had sufficient votes to ensure the filibuster. So there are already amendment process on the floor, and I the poison pill would stay in. That is ways to shorten the delay involved, but guarantee things will happen faster the meaning of majority—enough votes they are not being used. than they have been in the Senate. to always win. If you can always win, Using current rules would be much Holding up things a week or 2 weeks why stop the vote? So stopping the better than breaking the rules for the while we go through the whole fili- right to vote should and has resulted in first time in order to change the rules. buster process is a waste of our time. a filibuster. We have never done that. It has been Amendments are not a waste of our The big, dirty, not-so-secret secret is threatened once before. It did not hap- time. I hope we get back to that sys- that a filibuster can be controlled by pen. I hope it does not happen during tem. the majority leader. If the leader the time I am in the Senate. Breaking I yield the floor. agrees to allow an open amendment the rules to change the rules is not the The PRESIDING OFFICER. The Sen- process, permission to proceed would way of the Senate for the history of the ator from Rhode Island is recognized. be a formality, and work could start Senate. Mr. WHITEHOUSE. Mr. President, I immediately. That is what happened I know there are amendments on have the greatest respect for the Sen- with the Department of Defense au- which the majority does not want to ator from Wyoming and considerable thorization we just finished. It was a have a recorded vote. That would put affection. Indeed, he is my ranking fresh breeze through what the majority his Members on record. But that is the member on the HELP Committee, and has turned into a stale Senate. We price for being in the majority. I think he has been kind enough to offer his worked through more than 100 amend- our side would like to be in the major- perspective on this question of the ments in short order. But if no agree- ity and have to take those kinds of rules change. I will reciprocate by of- ment to an open amendment process is votes. They are putting us on record fering my perspective. agreed to before starting the bill, the without the poison bill being obvious We were in the caucus the other day. minority has to believe their amend- in the vote. All we are voting on is a Our leader reported that during the ments will be blocked. bill title. That is the way the people of time Lyndon Johnson was the majority The majority can vote down any pro- America looked at it, and it worked leader, which was a very active and dis- posal it does not like and with a mo- very well in the last election. putatious time in the Senate, he faced tion to table can do it quickly. Let me Going all out to avoid votes is silenc- one filibuster, and Leader REID re- say that again. With a motion to table, ing the voices of millions of Americans ported that he had faced 391, I think they can do it quickly, they can actu- and tearing down the institution of the was the number he used. So clearly the ally limit debate. That is why the mi- Senate and eliminating transparency. use of the filibuster as measured by the nority has been filibustering on mo- The media usually demands trans- number of cloture motions is com- tions to proceed and also why the ma- parency. This hides transparency. pletely out of control. jority leader wants to end that process. The proposal to weaken the filibuster The Senator from Wyoming correctly Delaying action on motions to proceed would only hasten the Senate’s decline. points out that filling the tree is a is our best chance to ensure an open It is like adding lemon to a recipe that challenge to the minority, but I be- amendment process. We can slow the is already too sour. We do not need a lieve, if I recall correctly—I was plan- bill down to try to get that agreement. new recipe. We do not need to change ning to speak on something else, and I The majority still does not have to the rule as the majority is proposing. don’t have the numbers exactly accu- agree, and if they have 60 votes, they We need to use the great system that rate at hand—I believe the number of can move ahead. If they do not have 60 has been in place for hundreds of years. times the tree has been filled is some- votes, it has to be at least a little bit Even now, we get glimpses of it work- thing like 70. So there is a huge dis- bipartisan—just a little bit. ing. parity between the number of times The real point gets lost in all this; If the majority leader and those ad- the majority leader has filled the tree that is, to be effective, Congress has 535 vocating for the weakening of the fili- and the number of times he has been people looking at every proposal—lots buster were in the minority, they forced to file cloture. of viewpoints, lots of experience. If all would speak out against it. In fact, The reason is that very often there is the decisions are going to be made by they did. In 2005, when he was in the not agreement on amendments. While the majority leader, how does every minority, the GOP started talking on a major bill, an open amendment American’s elected leader get to rep- about challenging the filibuster, and process is good, I believe, and we have resent his or her constituents? The Senator REID warned of grave con- seen examples of that recently on this people back home who put their faith sequences. I want to quote Senator floor—Senator MCCAIN and his work on in their Senators expect to be rep- REID. the Armed Services bill, along with

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S8620 CONGRESSIONAL RECORD — SENATE January 1, 2013 Senator LEVIN, is an example—there cliff. The measure is now over in the veloped to fit the prevailing environ- are also times when filibuster by House, and the distinguished Senator mental conditions in their different re- amendment takes place and it becomes from Wyoming and the senior Senator gions of the United States. These mar- abusive. from California expressed their hope— kets and these businesses are going to I can remember sitting in the chair and I would say confidence—that the face real challenges when our climate where the distinguished Senator from House will act. Given the dysfunction changes those prevailing conditions. Ohio is now sitting and watching Sen- of the House and its Republican leader- Whether it is higher sea levels, strong- ator Kennedy on the floor. He had a ship, I am perhaps a little bit more er storms, warmer winters or dryer bill that would raise the minimum cautious than they are about this. summers, no State and no economy wage. We often get big, fat bills on the I remember that we did a very good will be unaffected by climate change. floor. This was a bill that I think was bipartisan highway bill here. It passed We are already seeing real-life exam- literally one page. It was the smallest, with an enormous vote of 70-some, if I ples of economic consequences of a rap- shortest bill because it was just chang- remember correctly, and went over to idly changing environment. The Eco- ing a number, basically. the House. They could not even pass a nomic Research Service of the U.S. De- Hundreds of amendments—literally highway bill. They had no bill at all. partment of Agriculture reported that hundreds of amendments had been filed They got so snarled up that finally 80 percent of American agricultural against it. When the majority leader is they passed a bill that did nothing but land is experiencing drought, making faced with that—many of them were to appoint conferees to argue about our this the most expensive drought since completely nongermane and not rel- bill. They could not bring a bill of their the 1950s—more than half a century evant—when the majority leader is own into conference. ago. Last month, Deutsche Bank Secu- faced with a circumstance where hun- We worked very hard on a farm bill rities estimated that the drought will dreds of amendments are filed on a here. It was a bipartisan farm bill. Sen- reduce 2012 economic growth in the small bill like that, it is easy to see ator STABENOW was particularly ener- United States by one-half to 1 percent. why you have to move forward by try- getic in that, as was her colleague from Shipping on the Mississippi River has ing to limit the time because the whole Kansas. Again, that was a bipartisan been reduced and may stop in areas rest of the session could have been de- bill, which required a lot of hard work where drought has left water levels too voted to that bill if you can’t get con- and had many compromises. We are in low for safe passage. The American Wa- trol. If you can’t get an agreement— a terrible drought—which is something terways Operators and the Waterways and very often, agreement is withheld I will talk about more in a moment— Council estimate that $7 billion worth as to a fixed number of amendments— and they cannot pass the farm bill over of commodities are supposed to ship on then you have no choice but to take there. the Mississippi in December and Janu- your best shot with the bill by filling The Speaker tried to respond to hav- ary alone. An interruption of that the tree. ing withdrawn from his negotiations would have a considerable economic ef- Even if I am right that the number is with the President on the fiscal cliff by fect. The U.S. Army Corps of Engineers 70, I contend that the number of what coming up with a new so-called Plan B has begun a $10 million project to clear the minority might consider a mali- alternative. He could not even get that rocks from the waterway to prevent cious filling of the tree might be a through his caucus. There is an unprec- that shutdown. The other option is to number considerably smaller than 70. edented degree of extremism and dys- release water from the Missouri River, Many of them might be made necessary function in the House Republican cau- but that would just draw down water by the actions of the minority by offer- cus, and I hope that does not disrupt supplies in upriver States that are al- ing hundreds of amendments and by re- the progress we have made on the fiscal ready suffering from drought them- fusing to enter into agreements to offer cliff. We will have to wait and see. selves, such as Montana, Nebraska, and a reasonable number. Today will tell. North Dakota. I think it is a problem, but I think on f Water is also essential for power gen- balance I stand by the view I have ex- CLIMATE CHANGE eration. According to the U.S. Geologi- pressed before that there is an unprece- cal Survey, powerplants account for dented level of obstruction in this Mr. WHITEHOUSE. What I am here to talk about is not the topic of the nearly half the daily water withdrawn body, and I say that with some humil- in the United States. Drought and heat ity because the distinguished Senator day because the fiscal cliff is the topic of the day. What I am here to address go hand in hand to push powerplants from Wyoming has been here a bit toward shutdown. A 2008 drought put longer. I have been here only for 6 is never the topic of the day. It is the unmentionable issue; that is, climate several powerplants in the Southeast years. But that is what people who within days or weeks of shutting down. have been here for many, many years change. It is so apparent now that changes in our climate and in our envi- Texas, California, and the Midwest now confirm—that there has been really face a similar challenge with drought nothing like it. ronment are occurring from pole to pole and from the height of our atmos- stressing their power production. f phere to the depths of our oceans. The In the Northeast, it is not low water EXTENSION OF MORNING overwhelming majority of scientific re- but warm water that caused the shut- BUSINESS search, indeed statistically the now down of Unit 2 at the Millstone power- Mr. WHITEHOUSE. Mr. President, I virtually unanimous scientific view, plant in Connecticut. The temperature ask unanimous consent that the period indicates that all these observed of the water in Long Island Sound, for morning business for debate only be changes in the Earth’s atmosphere are from which the plant draws its cooling extended until 5 p.m., with Senators to the direct result of human activity— supply, climbed to over 75 degrees speak up to 10 minutes each. specifically the emission of carbon di- Fahrenheit this summer—too warm for The PRESIDING OFFICER. Is there oxide from our burning of fossil fuels. cooling the Newark reactor. Of course, objection? If we continue with these destructive the cost to our economy of disruptions Without objection, it is so ordered. levels of carbon pollution, carbon in our power supply is particularly Mr. WHITEHOUSE. Mr. President, I change will not just alter our environ- high during warm weather, when en- ask to speak for 15 minutes but prob- ment, it will alter our economy. Very ergy use is at its height to run air-con- ably not that long. often discussions in Washington steer ditioners. The PRESIDING OFFICER. Without away from things that have to do with Scientists tell us the droughts and objection, it is so ordered. environment and the health and enjoy- heat waves will get worse and water temperature will continue to increase. f ment of human beings of the natural world and instead it comes down to Agriculture, shipping, and power indus- FISCAL CLIFF money, as it so often does in this town. tries will be operated under new base- Mr. WHITEHOUSE. Mr. President, I Let’s talk about climate change in line environmental conditions. will speak off the topic of the day. Ob- the context of money. Markets and Warmer oceans, ocean acidification, viously, we are focused on the fiscal businesses across this country have de- and extreme weather events create an

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 1, 2013 CONGRESSIONAL RECORD — SENATE S8621 obvious threat for our fishery indus- cane Sandy disrupted shellfisheries all land. To protect these economies, we tries and the marine trades they sup- along the east coast. will all have to act prudently, and that port. It is not just the fishermen who Coastal economies, such as in my means waking up and addressing cli- are affected but the people who repair home State of Rhode Island, are mate change head on in Congress. The their engines and nets, sell them equip- threatened in other ways by sea-level majority of Americans of all political ment and gear, as well as the compa- rise and extreme storms. The Rhode Is- affiliations accepts the science behind nies that buy and process their catch land economic development Council climate change. Yet Congress refuses are affected. notes that tourism in Rhode Island is to act. In my home State of Rhode Island, at the absolute center of our summer There is a consensus among sci- average coastal water temperature has economy. People from all across the entists where around 98 percent—the risen by 4 degrees over the past two Nation come to Rhode Island in the other day I came with a circle graph decades, affecting our historic fish summer to enjoy our beautiful beaches, which showed a tiny little wedge of stocks and hurting local fishermen. It our sparkling bay, sail, and participate fringe dispute on this question is bare- is not just in Rhode Island where the in all the beachside activities. Damage ly visible in the sea of agreement. Yet seas are changing. To use another ex- to that economy would be very signifi- Congress refuses to act. Even after ample, rising ocean temperatures and cant. hearing from our national security offi- acidity threaten corals, which, as well We are rebuilding from Hurricane cials about the dangers and threats as being a cornerstone of ocean bio- Sandy so we will be ready when our from climate change, Congress refuses diversity—but never mind, this is sup- beach visitors come this summer, but to act. posed to be a speech about the money— it is a reminder of how important that That refusal to act will have an im- pact on the American economy. A the coral reefs are a mainstay of Flor- economy is to Rhode Island, and it is a Brookings report has found that well- ida’s water and boating industry. Peo- reminder of how vulnerable it is to ex- designed climate legislation would in- ple go there to snorkel, scuba dive, and treme weather. crease investment, increase employ- see the corals. If the corals are not Let’s turn to the West, where by Au- ment, and significantly increase Amer- there, it is going to affect those indus- gust of this year more than 6 million ica’s gross domestic product, but here tries. acres had burned in wildfires. A new The increasing acidification of ocean in Congress we are more likely to hear analysis by NASA predicts that by the that any climate change legislation water driven by the rising carbon diox- middle of the century we can expect to would hurt the economy and kill jobs. ide in the atmosphere lowers the match the severity of 2012 fires every 3 The opposite is true. We are missing ocean’s saturation levels of calcium to 5 years. It is going to become com- opportunities to grow a clean economy carbonate. That sounds boring. Who monplace. that is manufacturing and export in- the heck cares about the ocean satura- A recent study by the University of tensive and that creates the kinds of tion levels of calcium carbonate? Cal- Oregon—and I see the Senator from Or- jobs that support a strong American cium carbonate is the fundamental egon on the floor—found that large middle class. We are failing to protect building block of the shells of aquatic wildfires caused long-term instability against carbon pollution that will species such as oysters, crabs, and lob- in local labor markets. Increased local harm our States’ economies all across sters. Fisheries we actually do care a spending fighting the fires is not the country, and we are failing to take lot about, even if we may not care enough to outweigh the economic loss prudent steps to protect ourselves about calcium carbonate. It is the caused by the disruption of businesses against the coming changes from our basic building block of the plankton and damage to property from the fire. carbon pollutants that have now be- that comprise the very base of the food In August, Reuters reported that come unavoidable. With the carbons up web. Ocean acidification caused 70- to wildfires were hurting tourism in West- in the air, the changes are going to 80-percent losses of oyster larvae at an ern States. One small business owner happen. We can’t stop those. We need ocean hatchery in Oregon from 2006 to in Salmon, ID, claimed she had nothing to prepare for them, and we are failing 2008. Wild oyster stocks in Washington but cancellations as a result of the to take those prudent steps. Those of State also failed under the stress of fires. us on the east coast who weathered that more acidic water. This is an in- The New York Times has reported Sandy have gotten a preview of coming dustry worth about $73 million annu- that the declining snowfall and unsea- attractions as the oceans continue to ally along our Pacific coast, and it is sonably warm weather had been a drag warm and extreme storms become faced with the threats from climate on winter sports and recreational tour- more common. change. ism last winter. The reported forecast As I said before, here in Congress we The pteropod, which is also known as is that before the end of the century, are sleepwalking through history. We the sea butterfly, will be harmed by the number of economically viable ski are lulled by the narcotic of corporate ocean acidification. The pteropod is a locations in New Hampshire and Maine money from the polluters and from humble beast. It is a tiny aquatic snail. will be cut in half. Skiing in New York their allies, we are ignoring the sci- Nobody goes fishing for pteropods, so will be cut by three-quarters, and there entific facts, and we are refusing to who the heck cares? Salmon care. In- will be no ski area in Connecticut or awaken to the many ringing alarms deed, 47 percent of the diet of some Pa- Massachusetts. That will have an eco- that nature is now sounding. I hope we cific salmon species is pteropods. The nomic effect. can soon find a way to correct this salmon fisheries which support coastal Looking back West again, the Park grievous folly and omission. jobs and economies care an awful lot City Foundation in Utah predicted an I yield the floor. about the salmon. annual local temperature increase of Mr. ENZI. Mr. President, I suggest Extreme weather events such as 6.8 degrees Fahrenheit by 2075, which the absence of a quorum. storm surges have become more fre- would cause a total loss of snowpack in The PRESIDING OFFICER (Mr. MERKLEY). The clerk will call the roll. quent as our climate and oceans warm. the Park City resort area. The Park The bill clerk proceeded to call the Extreme storms such as that are par- City Foundation report estimates this roll. ticularly hard on shell fisheries. The will result in thousands of lost jobs, Mr. MERKLEY. Mr. President, I ask National Oceanic and Atmospheric Ad- tens of millions in lost earnings, and unanimous consent that the order for ministration reported that ‘‘because hundreds of millions in lost economic the quorum call be rescinded. oysters require two or more years to output to Utah. Ominously, in Colo- The PRESIDING OFFICER (Mr. grow to marketable size, full recovery rado the ski season was pushed back at BROWN of Ohio). Without objection, it from . . . hurricanes may take years, least a week this winter for lack of is so ordered. and some oyster habitats may be lost snow. f permanently.’’ National Geographic I am sure my colleagues on both noted that after Hurricane Katrina, 90 sides of the political aisle, whether EXTENSION OF MORNING percent of Mississippi’s oyster beds and from coastal, agricultural or mountain BUSINESS 74 percent of Louisiana’s oyster beds States, feel the concern for their Mr. MERKLEY. Mr. President, I ask were destroyed. Just this fall, Hurri- State’s economy as I do for Rhode Is- unanimous consent the period for

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S8622 CONGRESSIONAL RECORD — SENATE January 1, 2013 morning business for debate only be ex- don’t really have a Medicare plan if we are not many folks who are at that tended until 6 p.m., with Senators per- can’t get in the door of a doctor’s of- level, and only that top bracket was mitted to speak for up to 10 minutes fice, and we don’t really have medical touched. If you are very well off in each. care at all if we can’t get in the door of America, you got a very good deal last The PRESIDING OFFICER. Without a doctor’s office. So it is important night, but America got a big problem, objection, it is so ordered. that we address that—again, affecting which is the potential for enduring Mr. MERKLEY. Mr. President, I sug- thousands of people in my home State deficits, structural deficits that under- gest the absence of a quorum. of Oregon. mine the soundness of our future fi- The PRESIDING OFFICER. The In addition, there was a lot of con- nances. clerk will call the roll. cern that this fiscal cliff bill would do In addition, the bill we considered The legislative clerk proceeded to some things that were entirely unac- last night created some additional fis- call the roll. ceptable in regard to compromising the cal cliffs in the very near future, with- Mr. MERKLEY. Mr. President, I ask benefits under Medicare and Social Se- in 2 months—in March. One is that it unanimous consent that the order for curity. There was a proposal to in- does not address the debt ceiling. The the quorum call be rescinded. crease the age limit for Medicare from debt ceiling is not about what we The PRESIDING OFFICER. Without 65 to 67. I advocated fiercely that that spend, not about the decisions on what objection, it is so ordered. would be unacceptable. I cannot tell we spend, it is whether we are going to f you how many townhalls I have gone to pay the bill after the spending has been authorized. It is like saying to your- THE FISCAL CLIFF and had folks approach me and say: You know, I am 62 years old. I have self: When the credit card bill comes, I Mr. MERKLEY. Mr. President, I want these three conditions I am wrestling am just not going to pay it because I to first address the bill we passed in with. I have no medical care, and I am should not have spent so much money. the early hours this morning. just trying to stay alive until I hit 65 That is what the debt ceiling problem It is very unusual to be passing a bill so I can get medical care. is—not to pay the bills we have already in the early hours, certainly on the That is a common situation in a incurred. first day of the year. And this bill had country where many people do not What happened the last time we had a lot in it. This is the fiscal cliff bill. have health insurance. To raise the age this controversy was our national cred- There are a number of reasons that I by an additional 2 years for those folks it rating was diminished. That means supported this bill, but there are a who have no medical care would be when you borrow money, you have to number of concerns I have as well. I cruel at best, and for some it would be pay more. So we shot ourselves in the foot to no purpose. thought it might be appropriate to just a death sentence. That was unaccept- The time to make the decision over summarize why it was important this able. what you spend is when you are mak- bill pass last night, but also why we Others proposed that instead of mak- ing the spending decision, not when the should also be aware that the bill has ing the cost-of-living provision in So- bill arrives later. You have already laid out a path that requires us to do cial Security match better what sen- made that commitment. You are al- substantial additional work in order to iors buy, they proposed making it ready in that boat. You have a respon- avoid having that path be one that match less well what seniors buy, sav- sibility to fulfill payment of the bills leads us into a thicket. ing money by inaccurately estimating you have signed up for. But we will First, we do not pass this bill if the the impacts of cost-of-living increases. House does not get it done. It is being have that ahead of us in just 2 months. It is important to recognize that nei- In addition, the bill we had in the considered by the House right now. ther of these elements that would have wee hours this morning pushes off the Then there would be a very good prob- attacked the benefits of Medicare and sequester for only 2 months. What is ability, economists estimate, that the Social Security was in the bill last the sequester? The sequester is a series economy would turn down in the com- night. Those programs were not on the of mandatory payment cuts that fall ing year by somewhere in the range of table. on working people. There was a big about 2 to 3 percent, and so we would Because we needed to avert a reces- budget deal a year ago that I voted go into a recession. That means living sion, because we needed to make sure against because what it said is that if wage jobs for American families would we did not slash unemployment, cut the supercommittee does not come up disappear. That is an enormous amount people off at the knees overnight, with a good plan, we are going to bal- of hardship, and this is a self-inflicted block folks from being able to get in ance the budget on the backs of work- political wound. So it was important to the door of their doctor’s office, and be- ing people. I voted against it. The bill pass that bill last night to avoid that. cause the bill did not do some of the last night did not do that because it The second is that one of the imme- things that would have been 100 per- pushed off the sequester, but it only diate impacts would have been the end cent unacceptable, it merited support pushed it off for 2 months. So if you are of unemployment insurance for a huge last night in this Chamber. I say last concerned about a nation in which the number of families across this country. night, but it was actually in the early bonus breaks for the best off are un- In Oregon, it would be about 30,000 fam- hours of this morning, the first day of touched while cuts fall on working peo- ilies immediately terminated from un- 2013. ple, then you should be concerned employment insurance, and in the I supported this bill, but I have grave about the battle that is just 2 months course of January it would be another concerns about certain elements. This ahead. 10,000 families. So if you can imagine a bill essentially adopted 90 percent-plus In addition, there was a last-minute bill that would have directly impacted of the Bush tax cuts. Unless we con- addition of a farm bill—not the Sen- the ability of 40,000 Oregon families to tinue to wrestle with the fact that rev- ate’s farm bill, not a bill that was pay their car payments, to pay their enue is at a historic low in this coun- adopted in committee process, not a rent, to pay their heating bills in the try and the gap between revenue and bill that was adopted on the floor of middle of winter, that was the bill we spending is very high, we are laying this Chamber, it was an individual were considering last night. It is a very out a path for structural deficits as far leader’s farm bill. The minority lead- big reason why it is important that it as the eye can see. That is not in the er’s farm bill was inserted last night. pass. best interests of this country. Earlier, we had a speech by one of my In addition, the bill we addressed last Folks who are well off got a very colleagues, who was saying that it is so night adjusted the rates in terms of the good deal last night—a very low tax on important that we do the hard work in compensation to doctors under Medi- capital gains, a huge loophole in the es- committee and that we do the hard care, called the doc fix. If the doc fix tate tax, a very low tax on dividends, work on the floor with an open amend- did not get adopted, and we had rough- and only the very top tax bracket for ment process. That is what we did with ly a 25-percent reduction in payments, the most wealthy among us was the Senate farm bill. Senator STABE- then what we would see is that folks touched at all. It was not the $250,000 NOW from Michigan, the chair of the would have a very difficult time get- level President Obama had said he was committee, Ranking Member ROB- ting in the door of a doctor’s office. We fighting for, it was $400,000-plus. There ERTS—they worked very hard to have

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 1, 2013 CONGRESSIONAL RECORD — SENATE S8623 an honest, open, public debate and and frustration. She is absolutely final vote after everyone had their say, votes on the individual elements. In right. The Senate actually did a very then, in fact, you were interrupting the the course of that, we adopted disaster good job of process. It does not often do process by which this Chamber makes aid for farmers and ranchers across such a good job of process. It went decisions and helps take this country America who were scorched by the through committee, it went through a forward. Certainly the heart of it was worst fires in a century and one of the floor debate, it went through an the understanding that the pathway fa- worst droughts in the last century. amendment process, and all of that was vored by the most is most of the time They should have been helped imme- ignored. So the next time we hear lec- better than the pathway favored by the diately upon those disasters, but they tures about process, I would like it to few. The majority vote is the heart of could not be helped because the farm be noted about what happened last the democratic process. And we had bill had expired. Leaders said we will night and how ranchers and farmers challenges along the way. There were quickly reauthorize it. The Senate re- across this country were betrayed by occasionally periods where folks gave authorized it, we put those provisions the farm bill that was stuffed in at the long speeches and managed to stop a in, we sent it over to the House, and last second. vote before this Senate went on recess, the House never acted on it. We have a lot of work to do in this but in general it worked pretty well, in Then we tried to take those emer- Chamber. The path we were starting on part because the individuals who might gency provisions and put them into the last night is one that addresses imme- abuse the process realized the rules Hurricane Sandy bill. If we are going to diate emergencies, people being able to could be changed by a simple majority. address the disaster for Hurricane get in their doctors’ doors, and folks If they abused it on one occasion, the Sandy, as we absolutely should and being able to continue to have a coher- privilege of being able to express their must, we should also address the dis- ent unemployment insurance policy full views for an extended period might aster of the worst droughts and worst while they are looking for work while be changed by the majority changing fires in the century. unemployment rates are still high. But the rules. So it kept the process in An area in Oregon the size of Rhode we have a lot of work to do from here check. There was an understanding Island burned this last summer. The forward or we are going to end up in that everyone got to be heard, every- forage burned. The fences burned. some places that make our path for- one got to have their opinion consid- Farms and ranches were devastated. In ward as a nation much more difficult. ered, but if it was abused there could other parts of the country, it was I certainly am committed to con- be a response to that. drought that was devastating. The tinuing the effort to put this country Well, in 1917 it was abused. A small version of the farm bill stuffed in last on a sound financial footing and con- faction blocked the ability of the bill night does not have those emergency tinuing to try to make the process here to go forward that would put arma- provisions even though this Chamber in the Senate work better. In that con- ments on U.S. commercial shipping, put them in. This Chamber supported text, we have a debate that is going to and those ships were being sunk by them. The committee supported them. begin in just 2 days about the process Germany. President Woodrow Wilson We also did something else on the in the Senate. and Senate leaders were outraged. How floor: We said the historic imbalance In the course of my lifetime and in could a small faction allow our ships to between those who farm in a more tra- the lifetime of everyone here, the Sen- go unarmed in a situation where they ditional fashion and those who farm in ate has gone from a deliberating cham- are being sunk; that is unacceptable. an organic fashion is going to be ber, a decisionmaking chamber ad- Well, that small faction had their righted. You know, under crop insur- mired around the world, to perhaps one reasons. They believed once they put ance there was a provision for organic of the most dysfunctional legislative armaments onto a ship, they were farmers that said: We are going to chambers to be found anywhere. There probably going to be firing shots. When charge you a lot more for your insur- are still Members who like to think of they fired shots, they were involved in the war. They wanted to block the ance, but in recognition for that, you the Senate with the words ‘‘the world’s United States from getting involved in are going to get the price of organic greatest deliberative body,’’ but they the war, but there was only a small goods, which is higher, if you have a are the only ones who might think that group in the Senate who believed we disaster that this covers. But the De- about the Senate because no one else should allow Germany to sink our partment of Agriculture never got paying attention considers the Senate ships with no response. around to calculating the organic to be a great deliberative body. It has So the Senate came together and price, and therefore the farmers got become deeply paralyzed. said: OK. We are going to respond to a short shrift, paying high premiums on The root of this goes partially to the small faction obstructing the will of the front end without the compensa- circumstances of the bitter partisan- this body of not allowing us to go for- tion we promised on the back end. ship that has dominated our politics, ward. They had their say, we heard This Chamber fixed that, but last and that is unfortunate. But it also them out, and they have their opin- night the minority leader stuffed a goes to the fact that as the social con- ions. We are going to allow two-thirds farm bill into this package that tract unraveled—and perhaps related to shut down debate and get to a final stripped it out. So much for the con- to that partisanship—you have rules vote. That was in 1930. It was the first versation I have been hearing about that worked well in the past that do such motion, and it was the cloture good committee work and good floor not work well now. One of those is cer- motion—as in closing debate. This con- work. I absolutely agree with the Sen- tainly the filibuster. tinued to work pretty well. It worked ator who spoke earlier today about In the early Senate, you can imagine well until about 1970. So for 50 years it good committee work and good floor 26 Senators, 2 from each State, saying: worked pretty well. work, but that was not honored in the We should have the courtesy of hearing Why did it work well? In part because farm bill that was stuffed in last night. each other out to make sure we make there was a big overlap between Demo- I will tell you there is a lot more to great decisions so we get everybody’s crats and Republicans. If I were to this. Research on specialty crops has a opinion on the table. That is the cour- chart out those who were the most lib- big impact on my home State. We have tesy of not ending debate until every- eral Republicans and the most conserv- a lot of specialty crops. The Willam- one has said what they want to say. ative Democrats, there would be a lot ette Valley grows virtually anything. Over time, the Senate grew larger. It of overlap in the middle. It was gen- It is one of the best farming places in became a little more difficult, but the erally understood that this was a sim- the country. It is not pure wheat or principle was honored because when ple majority body and there should pure rice or pure soy; you can grow a the debate had wound down, someone only be an objection to a simple major- lot of specialty crops. But a lot of that asked unanimous consent to hold a ity vote when everyone had their say. research was stripped out. So we did vote, and generally they would get If it was a principle that was of a deep not get the bill this Chamber decided unanimous consent and the vote would and exceptional nature, such as a per- upon. be held. It was understood that this sonal principle or an issue affecting a The chair of Agriculture has come to was a simple-majority body. If you Senator’s State, and because that Sen- this floor and expressed extreme duress were going to stand in the way of that ator was objecting to the ordinary

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How does it fa- ators making their cases before Amer- were no cloture motions on nomina- cilitate debate in any kind of way to ican citizens. tions, so we have this new world. block getting it to a conference com- Well, over time, the filibuster, which If I move this podium so everyone mittee and starting those negotia- is an objection to a simple majority can see the far right edge, we can see tions? That was never done until the vote, evolved in two ways. Instead of it this steady increase in this tactic. Note early 1970s. There we have it, the being a faction standing on principle, it this very tall bar in 2012. This impact growth of this measure. started to be utilized as an instrument is not just on this number of these two Once this instrument of obstruction of the minority party to obstruct the dozen nominations, this affects and was utilized, then this Chamber often ability of the majority party to put creates a whole backlog of unfilled po- decided to forego the conference com- forth an agenda. Instead of it being a sitions in the executive branch and the mittee. We gave up on it. When I was small group and an important prin- judicial branch. Since 1970, this Cham- here in 2009, I would say: Well, let’s get ciple, it became a legislative tactic of ber has essentially said: You know the conference committee going. Well, the minority leadership. It is true for what. There is supposed to be three they would not do that because it Democrats and Republicans. There is equal branches of the government, but would take weeks of this Chamber’s not one party who is more guilty of we are going to use our advice and con- time to get the conferees appointed and this, if you will. They both employed sent power under the Constitution to the three debatable motions done to be this tactic over time. effectively undermine and attack the able to get to a conference committee. In addition to the increasing polar- judiciary and executive branches. What? Isn’t it outrageous that we can- ization of America, we started to get That is not what the Framers had in not even have a negotiation with the mind. In the discussions over how the less overlap in the perspective of House? So we have to go through this Constitution was put together, show Democrats and Republicans. Twenty complicated process of sending the bill me a Federalist Paper where any of our years ago we might have had 30 Sen- over to the House, and the House has to Framers argued that advise and con- ators in that span between the most amend it and send it back to us, and we sent is designed so that Congress can conservative Democrat and the most have to amend it and send it back to basically damage the executive and ju- liberal Republican, so normally they them. dicial branches by refusing to consider would have that overlap of 30 Senators Sometimes there are even informal nominations. So that is one big change. negotiations that are out of public so they could still get two-thirds of the Well, let’s take a look at motions to view instead of a conference committee Senate, and that served as a check on proceed. We see back in 1932 there was that would be in an official setting the use by the minority of the fili- a filibuster, and in the early 1960s we with official recordings of what was buster as a tactic of penalization. see a few filibusters. Then in about 1970 As the Senators from World War II being said and what amendments were we see that it took off. It was not being proposed and how it was being started to move out of this Chamber, thought to be appropriate to filibuster and as those from the House who had worked out. Instead of doing it in pub- just any debatable motion. The idea lic, it was done in a back room. So this adopted kind of a ruthless partisan was there was an issue of deep principle is certainly damaging to our process. strategy started to move into this in which a Member had to make a We could go on about one other area, Chamber, we saw that social cohesion stand to block the bill from final pas- which is conference reports—those re- break down, and we started to see more sage. ports coming back. This is a little bit and more use of the filibuster. Now, suddenly, we can paralyze the more like final passage in that this is I have some charts. The first chart process by even keeping a bill from before something becomes law and goes probably sums it up pretty well. Dur- getting to the floor. What sense does it to the President’s desk. Again, here we ing the time that Lyndon Johnson was make to argue that a Member is facili- see this was rarely used until the early majority leader for 6 years, he faced tating the debate by blocking the de- 1970s, and then there was an explosion one filibuster. During HARRY REID’s 6 bate from happening? Many people of this tactic not for deep personal years—a week or so ago when I made come to the floor and say the filibuster principle but for paralysis. this chart, the filibusters were 387. Now is all about facilitating debate and I have found it quite interesting to it is in the 390s. In 2 days I guess we making sure everybody has a say. hear some of my colleagues say this will not have any filibusters, so we Blocking the bill from getting to the was the constitutional design, the Sen- may not break 400. What a contrast be- floor doesn’t facilitate at all. We see ate be a supermajority chamber. That tween the amount that Lyndon John- this as a growing form of paralysis. is beyond out of sync with American son had when he was majority leader The same story is true on amend- history or any facts. They say: Well, and basically 400 in the 6 years HARRY ments. So on amendments again, we isn’t there a story about George Wash- REID has been the majority leader. see from the early 1970s forward there ington talking to Thomas Jefferson That is an enormous change. is big growth. Well, previously it was where George Washington says: The In addition, normally the objection the perspective that the filibuster was Senate’s meant to be the cooling sau- to a majority vote was done on the going to stop the bill from getting en- cer, and, therefore, wasn’t the Senate final vote of a bill. But starting in acted. Members didn’t know what the always a supermajority body? The an- about 1970, folks realized that on any bill would be until the amendments swer is, no. It wasn’t a supermajority debatable motion, the same paralysis were fully debated, so a Member didn’t body. could be brought. They could object to block the amendments from coming to As I have demonstrated by these a simple majority vote on a simple de- a vote. Again, the process grew. charts, it was very rare before 1970 to batable motion. So let’s take a look at final passage. oppose a final majority vote; and when I will lay out how this has changed Here we see the traditional use of the it was done, it was done for principle. over the last 40 years in different cat- filibuster. One or two was the average People also took to this floor. They egories. One change is in nominations. during this time period, from 1917 until didn’t have to, but they took to this Here we see that before approximately the early 1970s, and then we have this floor and explained themselves to their 1968 there were virtually no filibusters explosion. No longer were Members colleagues and the American public. on nominations. In fact, I believe the blocking a bill on a deep issue of per- The Framers were very suspicious of rule was changed in 1949. There was a sonal value or something that was key using a supermajority in the setting of question raised over whether the fili- to their State that they were willing to legislative action. They thought it buster could be used on nominations, take to this floor and talk about, but should be used for serious changes in and after some debate this Chamber de- instead it would be just a routine ob- the design of the government. cided to change the rule and allow it on struction using an instrument not of For example, they considered that if nominations. So when people say: Well, principle but of politics. we are going to pass a treaty, it should

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 1, 2013 CONGRESSIONAL RECORD — SENATE S8625 be a supermajority. They put that into from 67 to 60. That is where they ended Senate, graciously volunteering to sac- the Constitution. They laid out that if up. It started with this body affirming rifice some of their Christmas vacation we are going to override a veto by the multiple times that its intent was to to help here on the Senate floor this President, it should take a super- use simple majority to change the past weekend. Tony and Keira have majority to do that, and they put it rules as envisioned under the Constitu- worked tirelessly to complete work into the Constitution. They said, if we tion. It is also the way it was envi- typically performed by 14 pages. We ap- are going to amend the Constitution sioned under the rules of the Senate: A preciate their help during the Senate’s itself, we should take a supermajority. simple majority could change the recent late nights. We thank them for They put that in the Constitution. rules, until 1970. There are a lot of ob- their great effort and impeccable serv- They didn’t put a supermajority for servations by ordinary Americans that ice to the Senate. legislating in. Oh, they thought about the Senate is broken, and we should f it. They talked about it. They wrestled listen to ordinary Americans who ex- MESSAGE FROM THE HOUSE with it. They kept coming back to the pect us to be a legislative body that belief that the heart of the Democratic can deliberate and decide. At 2:03 p.m., a message from the process is the path the majority choos- This is a cartoon that came out re- House of Representatives, delivered by es as the right path is the path that cently by Tom Tolls of the Washington Mrs. Cole, one of its reading clerks, an- should prevail, not the path chosen by Post showing a Senator at the podium nounced that the House has passed the the minority. and the Senator says: I will tell you all following bills, without amendment: So there were commentaries on this the reasons we shouldn’t reform the fil- S. 3454. An act to authorize appropriations in various of the Federalist Papers. ibuster. No. 1, it will restrict my abil- for fiscal year 2013 for intelligence and intel- Here we have Alexander Hamilton on ity to frivolously stymie everything. ligence-related activities of the United supermajority rule. He said super- No. 2—and he thinks for a while and he States Government and the Office of the Di- majority rule in Congress would lead to rector of National Intelligence, the Central can’t think of any other reason we ‘‘tedious delays; continual negotiations Intelligence Agency Retirement and Dis- shouldn’t reform the filibuster, so he and intrigue; contemptible com- ability System, and for other purposes. asks the staff: How long do I have to promises of the public good.’’ That is S. 3630. An act to designate the facility of keep talking? The little commentary what Hamilton thought. That overlays the United States Postal Service located at down here: You can read your recipes 218 North Milwaukee Street in Waterford, pretty well with a lot of what we see on for paralysis. Wisconsin, as the ‘‘Captain Rhett W. Schiller the floor of the Senate today. The filibuster has become a recipe for Post Office’’. How about Madison. Madison had S. 3662. An act to designate the facility of commentary on this. He said, ‘‘The paralysis. It is up to us 2 days from today, when we start a new session of the United States Postal Service located at 6 fundamental principle of free govern- Nichols Street in Westminster, Massachu- ment would be reversed’’ if this Cham- Congress, to take responsibility for setts, as the ‘‘Lieutenant Ryan Patrick ber did legislation by supermajority. modifying the rules of the Senate be- Jones Post Office Building’’. Why did he say that? Because it would cause we have a responsibility to the S. 3677. An act to make a technical correc- mean the path chosen by the few would American people to address the big tion to the Flood Disaster Protection Act of prevail over the path chosen by the issues facing our Nation and we can’t 1973. majority. do that when this Chamber is para- The message also announced that the There is a lot of nostalgia when peo- lyzed. House has passed the following bills, in ple think back to a time when the fili- I thank the Presiding Officer for the which it requests the concurrence of buster was an instrument of principle. time to address this issue. I look for- the Senate: Many Americans think about this. ward to the debate we are going to H.R. 6612. An act to redesignate the Dryden They think about the movie where have 2 days from today. Flight Research Center as the Neil A. Arm- Jimmy Stewart portrays Jefferson I see our majority leader has come to strong Flight Research Center and the West- Smith, a newcomer to the Senate, and the floor, and I thank him for all the ern Aeronautical Test Range as the Hugh L. he comes to the well of the Senate and dialogs over the last 2 years on this Dryden Aeronautical Test Range. topic. The majority leader may not H.R. 6649. An act to provide for the transfer he fights for the principle of avoiding of naval vessels to certain foreign recipients. the corrupt practices regarding a boys have seen the chart I put up to start camp. He didn’t have to take the floor with, but it is his picture. The message further announced that and demand a supermajority vote for Mr. REID. I saw it. the House agree to the amendment of blocking the simple majority, but he Mr. MERKLEY. He has been suf- the Senate to the bill (H.R. 6364) to es- was determined to both make his case fering, if you will, through these nearly tablish a commission to ensure a suit- before the American people as well as 400 filibusters in the 6 years he has able observance of the centennial of his colleagues and certainly eat up as been majority leader, while so many World War I, to provide for the designa- much time as he could physically, issues in America go unaddressed; each tion of memorials to the service of which was another strategy of the one of these filibusters procedurally members of the United States Armed standing, talking filibuster, so the pub- taking up as much as a week of the Forces in World War I, and for other lic would have a chance to respond. Senate’s time, even if we can get to purposes. Many folks say that is just a roman- vote to shut it down. The message also announced that the tic Hollywood thing. But the charts I We must change the way we do our House has agreed to the following con- have shown my colleagues show the fil- business in this Chamber to honor our current resolution, in which it requests ibuster was used only rarely. It was responsibility under the Constitution the concurrence of the Senate: viewed as an exceptional instrument of to legislate in order to address the big H. Con. Res. 147. Concurrent resolution fighting for a personal principle when issues facing Americans. waiving the requirement that measures en- you were willing, when you had the I thank the Chair, and I yield the rolled during the remainder of the One Hun- courage to stand before your colleagues floor. dred Twelfth Congress be printed on parch- ment. and make a stand. It was that way The PRESIDING OFFICER. The ma- when I came here in the early 1970s. I jority leader. f came as an intern in 1976. In the pre- Mr. REID. Mr. President, I did watch MEASURES REFERRED vious year, there had been a big fight the presentation of my friend and I ap- The following bill was read the first over the filibuster because of the early preciate his tenacity and his thorough- and the second times by unanimous abuses we saw on those charts in the ness. consent, and referred as indicated: early years of the 1970s. The attitude f changed. The filibuster started to be- H.R. 6612. An act to redesignate the Dryden Flight Research Center as the Neil A. Arm- come used as an instrument for par- TRIBUTE TO TONY HANAGAN AND KEIRA HARRIS strong Flight Research Center and the West- tisan politics rather than personal ern Aeronautical Test Range as the Hugh L. principle. Mr. MCCONNELL. Mr. President, Dryden Aeronautical Test Range; to the So they had a debate in 1975, and Tony Hanagan and Keira Harris are Committee on Commerce, Science, and they said we are going to change it two former pages who returned to the Transportation.

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S8626 CONGRESSIONAL RECORD — SENATE January 1, 2013 MEASURES PLACED ON THE Jonathan Lippman, of New York, to be a indicated while assigned to a position of im- CALENDAR Member of the Board of Directors of the portance and responsibility under title 10, State Justice Institute for a term expiring U.S.C., section 601: The following bill was read the sec- September 17, 2015. To be vice admiral ond time, and placed on the calendar: NATIONAL FOUNDATION ON THE ARTS AND THE Rear Adm. Kenneth E. Floyd H.R. 459. To require a full audit of the HUMANITIES AFRICAN DEVELOPMENT FOUNDATION Board of Governors of the Federal Reserve Maria Rosario Jackson, of California, to be System and the Federal reserve banks by the a Member of the National Council on the Edward W. Brehm, of Minnesota, to be a Comptroller General of the United States, Arts for a term expiring September 3, 2016. Member of the Board of Directors of the Afri- can Development Foundation for a term ex- and for other purposes. NATIONAL INSTITUTE OF BUILDING SCIENCES piring September 22, 2017. f Joseph Byrne Donovan, of Virginia, to be a Iqbal Paroo, of Florida, to be a Member of Member of the Board of Directors of the Na- ENROLLED BILLS PRESENTED the Board of Directors of the African Devel- tional Institute of Building Sciences for a opment Foundation for a term expiring Sep- The Secretary of the Senate reported term expiring September 7, 2013. tember 22, 2017. that on today, January 1, 2013, she had NATIONAL FOUNDATION OF THE ARTS AND THE UNITED STATES AGENCY FOR INTERNATIONAL presented to the President of the HUMANITIES DEVELOPMENT United States the following enrolled Bruce R. Sievers, of California, to be a bills: Member of the National Council on the Hu- T. Charles Cooper, of Maryland, to be an Assistant Administrator of the United S. 3202. An act to amend title 38, United manities for a term expiring January 26, 2018. States Agency for International Develop- States Code, to ensure that deceased vet- ment. erans with no known next of kin can receive DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE a dignified burial, and for other purposes. Angela Tammy Dickinson, of Missouri, to S. 3666. An act to amend the Animal Wel- be United States Attorney for the Western Patrick J. Wilkerson, of Oklahoma, to be fare Act to modify the definition of ‘‘exhibi- District of Missouri for the term of four United States Marshal for the Eastern Dis- tor’’. years. trict of Oklahoma for the term of four years. Louise W. Kelton, of Tennessee, to be f IN THE AIR FORCE The following named officer for appoint- United States Marshal for the Middle Dis- EXECUTIVE SESSION ment in the Reserve of the Air Force to the trict of Tennessee for the term of four years. grade indicated under title 10, U.S.C., section MILLENNIUM CHALLENGE CORPORATION 12203: Lorne W. Craner, of Virginia, to be a Mem- EXECUTIVE CALENDAR To be brigadier general ber of the Board of Directors of the Millen- Mr. REID. Mr. President, I ask unan- Colonel Stephen J. Linsenmeyer, Jr. nium Challenge Corporation for a term of imous consent that the Senate proceed The following Air National Guard of the two years. to executive session to consider the fol- United States officers for appointment in the IN THE AIR FORCE lowing nominations: Calendar Nos. 870, Reserve of the Air Force to the grade indi- The following named officer for appoint- 871, 878, 879, 911, 912, 913, 914, 915, 916, cated under title 10, U.S.C., sections 12203 ment in the United States Air Force to the 917, 918, 919, 920, 932, 933, 934, 935, 941, and 12212: grade indicated while assigned to a position 942, 943, 944, 945, 946, 947, 948, 949, 950, To be brigadier general of importance and responsibility under title 10, U.S.C., section 601: 951, 952, 953, 954, 955, 956, 957, 958, 959, Col. Calvin H. Elam 960, 961, 962, 963, 964, with the following The following Air National Guard of the To be lieutenant general exceptions: Colonel Stephen Rader, United States officers for appointment in the Maj. Gen. Lori J. Robinson Reserve of the Air Force to the grade indi- Colonel Randall A. Shear, Jr., and The following named officer for appoint- cated under title 10, U.S.C., sections 12203 ment in the United States Air Force to the Colonel Erik C. Peterson; and all nomi- and 12212: nations placed on the Secretary’s desk grade indicated while assigned to a position To be major general of importance and responsibility under title in the Air Force, Army, and Navy; that Brig. Gen. Mark E. Bartman 10, U.S.C., section 601: the nominations be confirmed en bloc; Brig. Gen. Stanley J. Osserman, Jr. To be lieutenant general the motions to reconsider be consid- Brig. Gen. Thomas A. Thomas, Jr. Maj. Gen. Gregory A. Biscone ered made and laid upon the table, with Brig. Gen. Eric G. Weller The following named officer for appoint- no intervening action or debate; that The following Air National Guard of the ment in the Reserve of the Air Force to the United States officers for appointment in the no further motions be in order to any grade indicated under title 10, U.S.C., section Reserve of the Air Force to the grade indi- of the nominations; that any related 12203: cated under title 10, U.S.C., sections 12203 statements be printed in the RECORD; To be brigadier general and that President Obama be imme- and 12212: Col. Lisa A. Naftzger-Kang diately notified of the Senate’s action. To be brigadier general The PRESIDING OFFICER. Without Colonel Glen M. Baker The following named officers for appoint- Colonel Jeffrey D. Buckley ment in the Reserve of the Air Force to the objection, it is so ordered. grade indicated under title 10, U.S.C., section The nominations considered and con- Colonel Anthony J. Carrelli Colonel Timothy J. Cathcart 12203: firmed en bloc are as follows: Colonel Andrew J. Donnelly To be major general FEDERAL MARITIME COMMISSION Colonel Harold S. Eggensperger Brigadier General William B. Binger William P. Doyle, of Pennsylvania, to be a Colonel James O. Eifert Brigadier General Keith D. Kries Federal Maritime Commissioner for the term Colonel Bryan P. Fox Brigadier General Maryanne Miller expiring June 30, 2013. Colonel Ricky D. Gibney Brigadier General Jane C. Rohr DEPARTMENT OF TRANSPORTATION Colonel Christopher A. Hegarty Brigadier General Patricia A. Rose Colonel John P. Hronek, II Michael Peter Huerta, of the District of Brigadier General Jocelyn M. Seng Colonel Paul Hutchinson Columbia, to be Administrator of the Fed- Brigadier General Sheila Zuehlke Colonel Kevin J. Keehn eral Aviation Administration for the term of The following Air National Guard of the Colonel Christopher J. Knapp five years. United States officers for appointment in the Colonel Michael E. Manning Reserve of the Air Force to the grade indi- OVERSEAS PRIVATE INVESTMENT CORPORATION Colonel Clayton W. Moushon cated under title 10, U.S.C., sections 12203 James M. Demers, of New Hampshire, to be Colonel Michael A. Nolan and 12212: a Member of the Board of Directors of the Colonel Michael L. Ogle Overseas Private Investment Corporation for Colonel Ronald E. Paul To be major general a term expiring December 17, 2014. Colonel Samuel H. Ramsay, III Brigadier General Paul L. Ayers Naomi A. Walker, of the District of Colum- Colonel William B. Richy Brigadier General Jim C. Chow bia, to be a Member of the Board of Directors Colonel Adalberto Rivera Brigadier General Gregory L. Ferguson of the Overseas Private Investment Corpora- Colonel Sami D. Said Brigadier General Anthony P. German tion for a term expiring December 17, 2012. Colonel Anthony E. Schiavi Brigadier General Rickie B. Mattson STATE JUSTICE INSTITUTE Colonel John D. Slocum Brigadier General John E. McCoy Jonathan Lippman, of New York, to be a Colonel Ronald W. Solberg Brigadier General John E. Murphy Member of the Board of Directors of the IN THE NAVY Brigadier General Brian G. Neal State Justice Institute for a term expiring The following named officer for appoint- The following named officers for appoint- September 17, 2012. ment in the United States Navy to the grade ment in the Reserve of the Air Force to the

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 1, 2013 CONGRESSIONAL RECORD — SENATE S8627 grade indicated under title 10, U.S.C., section To be rear admiral were received by the Senate and appeared in 12203: Rear Adm. (lh) Randolph L. Mahr the Congressional Record of December 17, To be brigadier general 2012. IN THE MARINE CORPS PN2086 AIR FORCE nominations (73) begin- Colonel Stephanie A. Gass The following named officer for appoint- ning KRISTEN J. BEALS, and ending Colonel Mary H. Hittmeier ment to the grade of lieutenant general in JIANZHONG J. ZHANG, which nominations Colonel Timothy P. Kelly the United States Marine Corps while as- were received by the Senate and appeared in Colonel Thomas E. Kittler signed to a position of importance and re- the Congressional Record of December 17, Colonel Kenneth R. LaPierre sponsibility under title 10, U.S.C., section 2012. Colonel Mark L. Loeben 601: PN2087 AIR FORCE nominations (30) begin- Colonel James F. Mackey ning TANSEL ACAR, and ending BRANDON Colonel Walter J. Sams To be lieutenant general H. WILLIAMS, which nominations were re- Colonel Christopher F. Skomars Lt. Gen. Steven A. Hummer ceived by the Senate and appeared in the Colonel Wade R. Smith The following named officer for appoint- Congressional Record of December 17, 2012. Colonel Mark D. Stillwagon ment to the grade of lieutenant general in PN2088 AIR FORCE nominations (146) be- Colonel Curtis L. Williams the United States Marine Corps while as- ginning SAMUEL E. AIKELE, and ending The following named Air National Guard of signed to a position of importance and re- SCOTT M. ZELASKO, which nominations the United States officer for appointment as sponsibility under title 10, U.S.C., section were received by the Senate and appeared in Director, Air National Guard, and for ap- 601: the Congressional Record of December 17, pointment to the grade indicated in the Re- To be lieutenant general 2012. serve of the Air Force under title 10, U.S.C., Lt. Gen. Richard T. Tryon PN2089 AIR FORCE nominations (246) be- sections 601 and 10506: ginning HOMAYOUN R. AHMADIAN, and UNITED STATES TAX COURT To be lieutenant general ending JOE X. ZHANG, which nominations Albert G. Lauber, of the District of Colum- Lt. Gen. Stanley E. Clarke, III were received by the Senate and appeared in bia, to be a Judge of the United States Tax the Congressional Record of December 17, IN THE ARMY Court for the term of fifteen years. 2012. The following named officer for appoint- THE JUDICIARY IN THE ARMY ment in the Reserve of the Army to the grade indicated under title 10, U.S.C., sec- Ronald Lee Buch, of Virginia, to be a PN2035 ARMY nomination of Robert W. tions 12203 and 12211: Judge of the United States Tax Court for a Handy, which was received by the Senate term of fifteen years. To be brigadier general and appeared in the Congressional Record of NATIONAL FOUNDATION ON THE ARTS AND THE November 27, 2012. Col. Jody J. Daniels HUMANITIES PN2036 ARMY nomination of James T. The following named officer for appoint- Seidule, which was received by the Senate David Masumoto, of California, to be a ment in the United States Army to the grade and appeared in the Congressional Record of Member of the National Council on the Arts indicated while assigned to a position of im- November 27, 2012. for a term expiring September 3, 2018. portance and responsibility under title 10, PN2037 ARMY nominations (2) beginning Ramon Saldivar, of California, to be a U.S.C., section 601: MARK A. NOZAKI, and ending MATTHEW Member of the National Council on the Hu- To be lieutenant general D. RAMSEY, which nominations were re- manities for a term expiring January 26, ceived by the Senate and appeared in the Maj. Gen. Bernard S. Champoux 2018. Congressional Record of November 27, 2012. The following Army National Guard of the SAINT LAWRENCE SEAWAY DEVELOPMENT PN2038 ARMY nominations (11) beginning United States officer for appointment in the CORPORATION CHRISTOPHER J. CUMMINGS, and ending Reserve of the Army to the grade indicated William J. Mielke, of Wisconsin, to be a RANDOLPH O. PETGRAVE, which nomina- under title 10, U.S.C., sections 12203 and Member of the Advisory Board of the Saint tions were received by the Senate and ap- 12211: Lawrence Seaway Development Corporation. peared in the Congressional Record of No- To be brigadier general Arthur H. Sulzer, of Pennsylvania, to be a vember 27, 2012. Col. Michael L. Scholes Member of the Advisory Board of the Saint PN2039 ARMY nominations (34) beginning The following named officer for appoint- Lawrence Seaway Development Corporation. ANTHONY C. ADOLPH, and ending SEAN M. WILSON, which nominations were received ment to the grade indicated in the United UNITED STATES INSTITUTE OF PEACE States Army under title 10, U.S.C., section by the Senate and appeared in the Congres- George E. Moose, of Virginia, to be a Mem- 624: sional Record of November 27, 2012. ber of the Board of Directors of the United PN2040 ARMY nominations (130) beginning To be brigadier general States Institute of Peace for a term of four RONALD L. BAKER, and ending MICHAEL Colonel Christopher S. Ballard years. T. WRIGHT, which nominations were re- Colonel David G. Bassett NOMINATIONS PLACED ON THE SECRETARY’S ceived by the Senate and appeared in the Colonel Donald C. Bolduc Colonel Edward M. Daly DESK Congressional Record of November 27, 2012. Colonel Malcolm B. Frost IN THE AIR FORCE PN2041 ARMY nominations (159) beginning TERRY L. ANDERSON, and ending G001094, Colonel Donald G. Fryc PN1981 AIR FORCE nominations (93) begin- which nominations were received by the Sen- Colonel Anthony C. Funkhouser ning DEMEA A. ALDERMAN, and ending Colonel Peter A. Gallagher ate and appeared in the Congressional FELISA L. WILSON, which nominations Colonel William K. Gayler Record of November 27, 2012. Colonel Mark W. Gillette were received by the Senate and appeared in PN2042 ARMY nominations (240) beginning Colonel David B. Haight the Congressional Record of November 13, JOSE L. AGUILAR, and ending D005615, Colonel Joseph P. Harrington 2012. which nominations were received by the Sen- Colonel Michael L. Howard PN2034 AIR FORCE nominations (85) begin- ate and appeared in the Congressional Colonel John P. Johnson ning MATTHEW W. ALLINSON, and ending Record of November 27, 2012. Colonel James E. Kraft, Jr. JEFFREY D. YOUNG, which nominations PN2055 ARMY nomination of Michael D. Colonel Michael E. Kurilla were received by the Senate and appeared in Shortt, which was received by the Senate Colonel Paul J. Laughlin, II the Congressional Record of November 27, and appeared in the Congressional Record of Colonel Joseph M. Martin 2012. Colonel Terrence J. McKenrick December 5, 2012. PN2054 AIR FORCE nominations (3) begin- PN2056 ARMY nomination of Delnora L. Colonel Christopher P. McPadden ning JOHAN K. AHN, and ending JEFFREY Colonel John E. O’Neil Erickson, which was received by the Senate S. WILLIAMS, which nominations were re- Colonel Mark J. O’Neil and appeared in the Congressional Record of Colonel Andrew P. Poppas ceived by the Senate and appeared in the December 5, 2012. Colonel James E. Rainey Congressional Record of December 5, 2012. PN2057 ARMY nomination of Ronald D. Colonel Kent D. Savre PN2083 AIR FORCE nominations (6) begin- Lain, which was received by the Senate and Colonel Wilson A. Shoffner, Jr. ning LAURA A. BRODHAG, and ending appeared in the Congressional Record of De- Colonel Mark S. Spindler JOHN D. KLEIN, which nominations were re- cember 5, 2012. Colonel Sean P. Swindell ceived by the Senate and appeared in the PN2058 ARMY nomination of Matthew J. Colonel Randy S. Taylor Congressional Record of December 17, 2012. Burinskas, which was received by the Senate Colonel John C. Thomson, III PN2084 AIR FORCE nominations (17) begin- and appeared in the Congressional Record of Colonel Leon N. Thurgood ning WILLIAM R. BAEZ, and ending BRYCE December 5, 2012. Colonel Flem B. Walker, Jr. G. WHISLER, which nominations were re- PN2059 ARMY nomination of Ronald G. Colonel Robert P. Walters, Jr. ceived by the Senate and appeared in the Cook, which was received by the Senate and IN THE NAVY Congressional Record of December 17, 2012. appeared in the Congressional Record of De- The following named officer for appoint- PN2085 AIR FORCE nominations (51) begin- cember 5, 2012. ment in the United States Navy to the grade ning JAKE R. ATWOOD, and ending MI- PN2060 ARMY nomination of David A. indicated under title 10, U.S.C., section 624: CHAEL R. ZACHAR, which nominations Cortese, which was received by the Senate

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S8628 CONGRESSIONAL RECORD — SENATE January 1, 2013 and appeared in the Congressional Record of NOMINATION OF RICHARD B. and into the Senior Foreign Service to the December 5, 2012. BERNER TO BE DIRECTOR, OF- class indicated: PN2061 ARMY nomination of Charles J. FICE OF FINANCIAL RESEARCH, Career Member of the Senior Foreign Serv- ice, Class of Minister Counselor: Romero, which was received by the Senate DEPARTMENT OF THE TREAS- and appeared in the Congressional Record of URY Gary T. Greene, of Georgia December 5, 2012. The following-named Career Members of PN2062 ARMY nominations (2) beginning Mr. REID. Mr. President, I ask unan- the Senior Foreign Service of the Depart- MICHAEL D. DO, and ending GREGORY S. imous consent that the Senate proceed ment of State for promotion into and within SEESE, which nominations were received by to the consideration of Calendar No. the Senior Foreign Service to the classes in- the Senate and appeared in the Congres- 645; that the Senate proceed to vote dicated: sional Record of December 5, 2012. without intervening action or debate Career Members of the Senior Foreign Service of the United States of America, PN2074 ARMY nominations (15) beginning on the nomination; that the motion to Class of Career Minister: DEEPTI S. CHITNIS, and ending GIA K. YI, reconsider be considered made and laid Philip S. Goldberg, of the District of Colum- which nominations were received by the Sen- upon the table, with no intervening ac- bia ate and appeared in the Congressional tion or debate; that no further motions Wanda L. Nesbitt, of Pennsylvania Record of December 10, 2012. be in order to the nomination; that any Victoria Nuland, of Connecticut PN2075 ARMY nominations (17) beginning statements related to the nomination Michele Jeanne Sison, of Maryland KARIN R. BILYARD, and ending BETHANY be printed in the RECORD; and that Daniel Bennett Smith, of Virginia S. ZARNDT, which nominations were re- Career Members of the Senior Foreign ceived by the Senate and appeared in the President Obama be immediately noti- fied of the Senate’s action. Service, Class of Minister-Counselor: Congressional Record of December 10, 2012. Karl Philip Albrecht, of Virginia PN2076 ARMY nominations (51) beginning The PRESIDING OFFICER. Without Theodore Allegra, of Colorado JAMES E. ANDREWS, II, and ending objection, it is so ordered. Bruce Armstrong, of Florida D010617, which nominations were received by If there is no further debate, the Clare A. Barkley, of Maryland the Senate and appeared in the Congres- question is, Will the Senate advise and Robert I. Blau, of Virginia sional Record of December 10, 2012. consent to the nomination of Richard Roberto Gonzales Brady, of California PN2077 ARMY nominations (82) beginning B. Berner, of Massachusetts, to be Di- John Brien Brennan, of Virginia JACOB W. AARONSON, and ending DAVID rector, Office of Financial Research, Piper Anne Wind Campbell, of the District of W. WOLKEN, which nominations were re- Department of the Treasury? Columbia ceived by the Senate and appeared in the Jonathan Raphael Cohen, of California Congressional Record of December 10, 2012. The nomination was confirmed. Mark J. Cohen, of Texas PN2078 ARMY nominations (150) beginning f Maureen E. Cormack, of Illinois SILAS C. ABRENICA, and ending KEVIN M. John S. Creamer, of Virginia ZEEB, which nominations were received by NOMINATIONS DISCHARGED Jeffrey DeLaurentis, of New York the Senate and appeared in the Congres- Mr. REID. Mr. President, I ask unan- Laura Farnsworth Dogu, of Texas sional Record of December 10, 2012. imous consent that the Foreign Rela- Walter Douglas, of Nevada Catherine I. Ebert-Gray, of Colorado PN2079 ARMY nominations (161) beginning tions Committee be discharged from Susan Marsh Elliott, of Florida LOVIE L. ABRAHAM, and ending VICKEE L. further consideration of the following Thomas Scott Engle, of the District of Co- WOLCOTT, which nominations were received Foreign Service nominations and the lumbia by the Senate and appeared in the Congres- Marilyn Claire Ferdinand, of Virginia sional Record of December 10, 2012. Senate proceed to their consideration en bloc: Presidential Nomination 1878, Valerie C. Fowler, of Washington PN2090 ARMY nomination of Alfred C. An- Gary T. Greene; Presidential Nomina- Daniel Edward Goodspeed, of Virginia derson, which was received by the Senate William S. Green, of Ohio and appeared in the Congressional Record of tion 1970, a list beginning with Philip S. Goldberg and ending with Robert W. Jeri S. Guthrie-Corn, of California December 17, 2012. Michael A. Hammer, of Maryland PN2091 ARMY nomination of Deanna R. Weitzel; Presidential Nomination 2028, D. Brent Hardt, of Florida Beech, which was received by the Senate and Michael R. Hardegen; Presidential Robert A. Hartung, of Virginia appeared in the Congressional Record of De- Nomination 2029, a list beginning with William A. Heidt, of California cember 17, 2012. Geoffrey W. Wiggin and ending with James William Herman, of Washington PN2092 ARMY nominations (2) beginning Eric A. Wenberg, with the exception of Thomas Mark Hodges, of Tennessee SHRRELL L. BYARD, and ending SOO B. Geoffrey W. Wiggin; Presidential Nomi- Martin P. Hohe, of Florida KIM, which nominations were received by nation 2030, a list beginning with Ste- Charles F. Hunter, of the District of Colum- the Senate and appeared in the Congres- phen J. Gonyea and ending with Kath- bia sional Record of December 17, 2012. Mark J. Hunter, of Florida arine Antonia Weber, with the excep- Donald Emil Jacobson, of Virginia PN2093 ARMY nominations (7) beginning tion of Scott S. Cameron; Presidential DONALD E. LAYNE, and ending JOSEPH F. Kelly Ann Keiderling Franz, of California SUCHER, which nominations were received Nomination 2031, a list beginning with Sung Y. Kim, of California by the Senate and appeared in the Congres- Sharon Lee Cromer and ending with John Charles Law, of Virginia sional Record of December 17, 2012. Clinton David White, with the excep- Russell G. Le Clair, Jr., of Illinois tions of Sharon Lee Cromer and Maria Mary Beth Leonard, of Massachusetts IN THE NAVY Rendon Labadan; and Presidential Donald Lu, of California PN2043 NAVY nominations (3) beginning Nomination 2032, a list beginning with Lewis Alan Lukens, of Virginia Deborah Ruth Malac, of Virginia DAVID SAMMETT, and ending TIMOTHY R. Karl Miller Adam and ending with DURKIN, which nominations were received William John Martin, of California by the Senate and appeared in the Congres- Mark K. Yang, with the exception of Robin Hill Matthewman, of Washington sional Record of November 27, 2012. Daniel Menco Hirsch; that the nomina- Elizabeth Kay Webb Mayfield, of Texas PN2044 NAVY nominations (36) beginning tions be confirmed; that the motions to James P. McAnulty, of Virginia TIMOTHY R. ANDERSON, and ending reconsider be considered made and laid Thomas S. Miller, of Minnesota GEORGE B. WATKINS, which nominations upon the table, with no intervening ac- Barry M. Moore, of Texas were received by the Senate and appeared in tion or debate; that no further motions Michael Chase Mullins, of New Hampshire the Congressional Record of November 27, be in order to the nominations; that John Olson, of California 2012. Theodore G. Osius, of the District of Colum- any related statements be printed in bia PN2063 NAVY nomination of John T. the RECORD; and that the President be Robert Glenn Rapson, of New Hampshire Volpe, which was received by the Senate and immediately notified of the Senate’s Robert A. Riley, of Florida appeared in the Congressional Record of De- action. Gary D. Robbins, of Washington cember 5, 2012. The PRESIDING OFFICER. Without Todd David Robinson, of New Jersey– PN2064 NAVY nomination of Tamara M. objection, it is so ordered. Matthew M. Rooney, of Texas Sorensen, which was received by the Senate Dana Shell Smith, of California and appeared in the Congressional Record of The nominations considered and con- firmed en bloc are as follows: Dean L. Smith, of Texas December 5, 2012. Pamela L. Spratlen, of California PN2065 NAVY nomination of Joseph N. FOREIGN SERVICE Stephanie Sanders Sullivan, of Maryland Kenan, which was received by the Senate and The following-named Career Member of the Susan M. Sutton, of Virginia appeared in the Congressional Record of De- Senior Foreign Service of the Department of Michael Embach Thurston, of Washington cember 5, 2012. Agriculture (APHIS) for promotion within Paul Allen Wedderien, of California

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 1, 2013 CONGRESSIONAL RECORD — SENATE S8629 Alice G. Wells, of Virginia Lisa J. Peterson, of New York Stephen J. Gonyea, of Florida Thomas E. Williams, Jr., of Virginia Robert A. Pitre, of Washington Ritu K. Tariyal, of California Robert A. Wood, of New York Beth L. Poisson, of Maryland Alexis Maria Taylor, of New York Uzra S. Zeya, of Florida Elizabeth Mabel Whalen Pratt, of the Dis- For appointment as Foreign Service Offi- Benjamin G. Ziff, of California trict of Columbia cer of Class Three, Consular Officer and Sec- The following-named Career Members of David Hugh Rank, of Illinois retary in the Diplomatic Service of the the Foreign Service for promotion into the Joel Richard Reifman, of Texas United States of America, David M. Reinert, of New Mexico Senior Foreign Service, as indicated: Sarah Maxwell Banashek, of California Career Members of the Senior Foreign Joan Marie Richards, of California Robert B. Barton, of Pennsylvania Service of the United States of America, Raymond D. Richhart, Jr., of California Aaron J. Bishop, of California Class of Counselor: William Vernon Roebuck, Jr., of North Caro- Ana Isabel Bodipo-Memba, of the District of David W. Abell, of Arkansas lina Michael D. Scanlan, of Pennsylvania Columbia Aruna S.G. Amirthanayagam, of New York Kevin Maurice Brown, of Florida Tanya Cecelia Anderson, of Pennsylvania Stephen M. Schwartz, of New York Justin H. Siberell, of California Elizabeth Ann Callender, of Virginia Michael Adam Barkin, of Florida Monica Dore Carlson, of Virginia Peter Henry Barlerin, of Maryland George Neil Sibley, of Connecticut Adam H. Sterling, of New York Elizabeth Davnie-Easton, of Virginia Susan Tebeau Bell, of South Carolina Cristina M. Drost, of Nevada Virginia Lynn Bennett, of Georgia John C. Sullivan, of California Melinda Tabler-Stone, of Virginia Charles Ogorchukwu Egu, of Maryland Randy W. Berry, of Colorado Susan Fenno, of Maine Bruce Berton, of Washington John Stephen Tavenner, of Texas Dean Richard Thompson, of Maryland Christopher Todd Foley, of New York Donald Armin Blome, of Illinois Christine D. Gandomi, of Arizona Andrew Norbu Bowen, of Texas Susan Ashton Thornton, of the District of Columbia Anya Glenn, of California Sue Lenore Bremner, of California Alexandra Isabel Huerta, of Washington Maria E. Brewer, of Indiana Laird D. Treiber, of the District of Columbia Jeffrey A. Van Dreal, of Texas Deborah L. Johnston, of Virginia Natalie Eugenia Brown, of Virginia Melanie A. Luick-Martins, of Iowa Gregory S. Burton, of Virginia Lisa Annette Vickers, of California Samuel Robert Watson III, of Virginia Steven M. Majors, of Missouri Brent Donald Byers, of Virginia Mark A. Mitchell, of Oregon Paul Michael Cantrell, of California Donna Ann Welton, of the District of Colum- bia Christine M. Obester, of Virginia Lisa Marie Carle, of California Amy Michelle Partida, of Texas John Leslie Carwile, of Maryland Terry John White, of Oregon Stephanie Turco Williams, of Texas Allyson L. Phelps, of Arizona Laurent D. Charbonnet, of Louisiana Andrew Ari Rebold, of New York Craig Lewis Cloud, of Florida Eugene Stewart Young, of the District of Co- lumbia Shannon Marae Rogers, of Colorado Nancy Lynn Corbett, of California Andrea Sawka, of Florida Career Members of the Senior Foreign Greggory D. Crouch, of the District of Co- Jason Lee Smith, of the District of Columbia Service, Class of Counselor, and Consular Of- lumbia Richard E. Spencer, of Virginia Don D. Curtis, of Maryland ficers and Secretaries in the Diplomatic Service of the United States of America: Matthew Earl Sumpter, of California John J. Daigle, of Louisiana Greg M. Swarin, of Michigan Joel Danies, of the District of Columbia Robert L. Adams, of Virginia Thomas A. Barnard, of Virginia Corina Chentze Warfield, of California John Winthrop Dayton III, of Texas Katharine Antonia Weber, of Alaska Nicholas Julian Dean, of Virginia Francis John Bray, Jr., of California Robin D. Diallo, of California Carmen Margarita Castro, of Virginia The following-named Career Members of John Walter Dinkelman, of Wyoming Ronnie S. Catipon, of Virginia the Senior Foreign Service of the Agency for Brian P. Doherty, of Florida David F. Cooper, of Florida International Development for promotion Christine Ann Elder, of Virginia Edwin W. Daly, of Virginia within and into the Senior Foreign Service Nina Maria Fite, of Pennsylvania Craig Dicker, of Maryland to the classes indicated: Eric Alan Flohr, of Maryland Mark S. Graves, of Virginia Career Members of the Senior Foreign Daniel L. Foote, of Virginia Edwin Guard, of Virginia Service, Class of Career Minister: Kenneth Lee Foster, of Virginia Charles J. Horkey, of Florida David E. Eckerson, of Virginia Robert Arthur Frazier, of Texas Richard J. Ingram, of Virginia Earl W. Gast, of California Thomas G. Gallo, of New Jersey Michael P. Kane, of Virginia William Hammink, of the District of Colum- Rebecca Eliza Gonzales, of Texas Kevin J. Kilpatrick, of Indiana bia Martha J. Haas, of Arizona Gregary James Levin, of California Susumu Ken Yamashita, of Florida Jeffrey D. Lischke, of Virginia Sarah Cooper Hall, of New York Career Members of the Senior Foreign Kathleen G. Lively, of Virginia Scott Ian Hamilton, of Illinois Service, Class of Minister Counselor: Todd Philip Haskell, of Florida Thomas G. McDonough, of Maryland Robert F. Cunnane, of Florida Andrew B. Haviland, of Iowa Brian J. McKenna, of Maryland Alexander Dickie IV, of Texas Peter Mark Haymond, of Virginia Patrick J. Moore, of Florida Susan French Fine, of Virginia Dennis Walter Hearne, of North Carolina Wayne F. Quillin, of New York Brooke Andrea Isham, of Washington Brian George Heath, of New Jersey John H. Rennick, of Texas Kevin J. Mullally, of Arizona Jonathan Henick, of California Susan B. Summers, of Virginia Charles Eric North, of Virginia G. Kathleen Hill, of Texas Robert W. Weitzel, of Virginia Denise Annette Rollins, of the District of Co- Nicholas Manning Hill, of Rhode Island The following named Career Member of the lumbia Jeffrey M. Hovenier, of Maryland Foreign Service of the International Broad- Thomas H. Staal, of Maryland George W. lndyke, Jr., of New Jersey casting Bureau for promotion into the Sen- Dennis James Weller, of Illinois Eric A. Johnson, of the District of Columbia ior Foreign Service to the class indicated: Melissa A. Williams, of Virginia Gary P. Keith, of Ohio Career Member of the Senior Foreign Serv- Eric Khant, of Florida ice, Class of Counselor, and Consular Officer Career Members of the Senior Foreign Yuri Kim, of Guam and Secretary in the Diplomatic Service of Service, Class of Counselor: Karin Margaret King, of Ohio the United States of America: Jim Nelson Barnhart, Jr., of Georgia Daniel Joseph Kritenbrink, of Virginia Michael R. Hardegen, of Florida Sherry F. Carlin, of Florida Yael Lampert, of New York Career Members of the Senior Foreign Kimberly J. Delaney, of California James Marx Levy, of Washington Service, Class of Minister Counselor: Celestina M. Dooley-Jones, of South Dakota John M. Lipinski, of Pennsylvania James J. Higgiston, of Maryland Lisa Rose Franchett, of California Patricia Alice Mahoney, of Texas David C. Miller, of Washington Michelle Allison Godette, of Florida Jeanne M. Maloney, of Tennessee Elia P. Vanechanos, of New Jersey Deborah Lynn Grieser, of Illinois Colette Marcellin, of Virginia Career Members of the Senior Foreign Nancy L. Hoffman, of Florida Caryn R. McClelland, of California Service, Class of Counselor: James M. Hope, of Texas Brian David McFeeters, of New Mexico Gary W. Meyer, of Wisconsin Mark S. Hunter, of Virginia Jacqueline K. McKennan, of Wyoming Eric A. Wenberg, of Wyoming Rebecca A. Latorraca, of West Virginia Martha L. Melzow, of California The following-named persons of the United Teresa L. McGhie, of Nevada Phillip Andrew Min, of New Jersey States Agency for International Develop- Elizabeth E. Palmer, of Arizona William James Mozdzierz, of New York ment for appointment as Foreign Service Of- Joakim Eric Parker, of California Katherine Anne Munchmeyer, of Texas ficers of the classes stated. Andrew William Plitt, of Maryland Michael J. Murphy, of Virginia For appointment as Foreign Service Offi- Roy Plucknett, of Virginia Robert Barry Murphy, of New Hampshire cer of Class Two, Consular Officer and Sec- Leslie K. Reed, of California Robert William Ogburn, of Maryland retary in the Diplomatic Service of the Allen F. Vargas, of Florida Sheila R. Paskman, of Pennsylvania United States of America, Clinton David White, of Florida

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S8630 CONGRESSIONAL RECORD — SENATE January 1, 2013 The following-named persons of the De- Michael Aaron Shulman, of the District of Byron Clement Hartman, of Virginia partment of State for appointment as For- Columbia Tyson P. Hinds, of Virginia eign Service Officers of the classes stated. Gwendolynne M. Simmons, of Florida Theodore Ho, of California For appointment as Foreign Service Offi- Nathan R. Simmons, of Idaho Alexis J. Huff, of California cer of Class Four, Consular Officer and Sec- Nisha Dilip Singh, of California Kenneth H. Ilgenfritz, of Virginia retary in the Diplomatic Service of the Jeremy Daniel Slezak, of Texas Daniela Stefanova Ionova-Swider, of Florida United States of America, Alan Joseph Smith, of the District of Colum- Kendall D. Jackson, of West Virginia Karl Miller Adam, of Texas bia Briana Nicole Jones, of the District of Co- Andrew L. Armstrong, of Florida Eric Anthony Smith, of California lumbia Dina A. Badawy, of Virginia Ve´ronique Elisabeth Smith, of California Jeff Jung, of California Francoise I. Baramdyka, of California Kristen Marie Stolt, of Illinois Hiram K. Keliipio, of Virginia Brian Paul Beckmann, of Minnesota Michael James Wautlet, of Colorado Akbar Khalid, of Virginia Fritz W. Berggren, of Washington Erin Ramsey Wilhelm, of the District of Co- Walid N. Kildani, of Virginia Marie Marguerite Blanchard, of Massachu- lumbia Yuki Kondo-Shah, of Arizona setts Garrett E. Wilkerson, of Oregon Patrick E. Koucheravy, of Virginia Kathryn W. Bondy, of Georgia Amanda L. Williams-Ford, of North Carolina Laurie Anne Kuriakose, of Illinois Jessie Marie Kuykendall, of Oklahoma Melanie Lynette Bonner, of the District of Nelson H. Wu, of Virginia Rebecca A. Larson, of the District of Colum- Columbia Margaret Anne Young, of Missouri bia Matthew J. Britton, of California Michael Joseph Young, of Colorado Jaime Faye LeBlanc-Hadley, of Texas Bianca M. Collins, of Michigan The following-named Members of the For- Alex Vladichak Litichevsky, of New Jersey Anton Mark Cooper, of Washington eign Service to be Secretaries or Consular Amy L. Loprete, of Maryland Melissa Elmore Cotton, of Massachusetts Officers and Secretaries in the Diplomatic Cesar Marines, of Virginia Andrew Joseph Curiel, of California Service of the United States of America: James McDonnell, of the District of Colum- Hannah A. Draper, of Arkansas Sarah Ahmed, of Virginia bia Thomas Anthony Duval, of Massachusetts Zakhar Amchislavsky, of the District of Co- Monty Rushmoore McGee, of Virginia James P. DuVernay, of New Jersey lumbia Sean P. McGuire, of Virginia Amy E. Eagleburger, of California Moses An, of California Sutton Adell Meagher, of the District of Co- Jonathan Edward Earle, of Missouri Brian I. Apel, of Virginia lumbia Jeremy Edwards, of Texas Tobei B. Arai, of Georgia Anne-Marie G. Melanson, of Virginia Jeffrey Edward Ellis, of Washington Harry J. Bethke, of Virginia Ronald Mendez, of Texas John C. Etcheverry, of California Littane Bien-Aime, of Massachusetts Victoria S. Meuret, of Virginia Dylan Thomas Fisher, of Virginia Keondra S. Bills, of New York Cameron Scott Millard, of Washington Theodore Joseph Fisher, of California Ryan P. Blanton, of Missouri Jared R. Milton, of Virginia Rebecca V. Gardner, of Ohio Jackson Bloom, of California Amy Rachel Monsarrat, of Virginia Robert Richard Gatehouse, Jr., of Con- Michael C. Blue, of Pennsylvania Joseph J. Motyleski, of Virginia necticut Pren-Tsilya Boa-Guehe, of Maryland Jonathan G. Nadzam, of Virginia Joseph Martin Geraghty, of Pennsylvania Elizabeth Boniface, of Virginia Emma Mariska Nagy, of California John Drew Giblin, of Georgia Douglas L. Brady, of Virginia Brandon K. Nolen, of the District of Colum- Stephanie Snow Gilbert, of Oklahoma Alain C. Brainos, of Virginia bia Mark Thomas Goldrup, of California Patrick Branco, of Hawaii Mark W. Okiishi, of Virginia Michael Gorman, of Virginia Joseph A. Brandifino, of Virginia Haneef L. Omar, of Maryland Catherine A. Hallock, of New York Adam Matthew Brown, of Florida Stephen J. Osullivan, of Virginia Jessica Amy Hartman, of California Amy B. Brown, of the District of Columbia Benjamin Overby, of Nevada Stephanie M. Hauser, of Florida Travis S. Brown, of the District of Columbia Jane Jihye Park, of Virginia Jeffrey M. Hay, of Virginia Amanda Rose Buescher, of California Julianne Nicole Parker, of Florida Mark Hernandez, of Virginia Paul R. Bullard, of New York Gregory Parnell, of Virginia Benjamin George Hess, of North Carolina Jose E. Campoy, of Arizona Sapna K. Patel, of Texas Kathryn L. Holmgaard, of Virginia Virgil William Carstens, of Texas Thomas Benjamin Perkowski, of the District Jonathan Paul Howard, of Virginia Mark R. Carter, of Connecticut of Columbia Brent W. Israelsen, of Nevada Ryan W. Casselberry, of Florida Ryan Evan Peterson, of Virginia Eric Ryan Jacobs, of Florida Tuseef Chaudhry, of Virginia Jeffrey Prenger, of Maryland Nichiren Rashad Jones, of Georgia Doreen A. Ciavarelli, of Virginia David A. Rasmussen, of Virginia Rachel Ynyr Kallas, of Wisconsin Pam S. Cobb, of the District of Columbia Michael F. Renehan, of Maryland Allen L. Krause, of Michigan Anita C. Cochran, of New York Kelli A. Rettinger, of Virginia Dawson Law, of Florida Lindsay Coldwell, of Virginia Michael Clinton Riley, of North Carolina Katherine Maureen Leahy, of New Jersey Patricia Connor, of Virginia Brady E. Roberts, of Texas Adam Jacob Leff, of the District of Columbia Marlo Salaita Cross-Durrant, of the District Scott N. Roffman, of Michigan Rong Rong, Li, of Maine of Columbia Carrie M. Romoser, of Virginia Elizabeth Angela Litchfield, of Illinois Daniel William Cunnane, of Virginia Vanessa N. Rozier, of Connecticut Jennifer L. McAndrew, of Texas Christine E. Cuoco, of Virginia Andrea L. Ruschenberg, of Virginia Daniel Craig McCandless, of Pennsylvania Mary C. Cypressi, of Pennsylvania Anastasia J. Sadowski, of Virginia Julia P. McKay, of South Carolina John P. Davies, of Virginia Patrick Salzwedel, of North Carolina Elizabeth Albin Meza, of Texas Maria C. Dec, of Virginia Aleksey Sanchez, of Florida Eric C. Moore, of Oregon Anthony Delladonna, of Virginia David M. Schorr, of Idaho Kristy M. Mordhorst, of Texas Dan Deming, of Virginia Leah J. Severino, of California Walker Paul Murray, of Washington Elizabeth A. Dreeland, of Arizona Ahmed Shama, of New York Scott A. Norris, of Texas Elisabeth F. El-Khodary, of Maryland Jeffry Howard Sheldon, of Montana Sarah Oh, of New York Mark C. Elliott, of Maryland Mark T. Shen, of Virginia James Paul O’Mealia II, of New Jersey Anthony L. Ettison, of Maryland Andrew Todd Shepard, of Florida Irene Ijeoma Onyeagbako, of Nevada John V. Fazio, of Illinois Christina Terrill Skipper, of Virginia Erik Graham Page, of South Carolina Benjamin Michael Fehrman, of North Caro- Kevin W. Smith, of Virginia Jennifer Leigh Palmer, of California lina Alesia L. Sourine, of Michigan Neil M. Phillips, of Maryland Joseph P. Ferguson, of Florida Crystal Spearman, of Texas Jay Lanning Porter, of Utah Paul I. Fishbein, of California Max Joseph Steiner, of California A. Larissa Proctor, of Virginia Paul R. Fleming, of Michigan William John Steinmetz, of Virginia Margaret S. Ramsay, of New York Jennifer R. Garcia, of Virginia Alex Stewart, of Virginia Jeramee C. Rice, of Tennessee Karina Gabriela Garcia, of California Rebecca Joy Stewart, of the District of Co- James Thomas Rider, of Michigan Courtney L. Gates, of California lumbia Shannon M. Ritchie, of Virginia John Hunter Gray, of California RaeJean K. Stokes, of Connecticut George Rivas, Jr., of Texas Marina Vishnevetsky Grayson, of Texas William Stroud, of Virginia Jennifer Wells Robertson, of Virginia Colin Guard, of Washington Michael John Suleski, of Virginia Dustin Salveson, of New York Nathaniel Sherman Haft, of Ohio Ivan Susak, of Virginia Jonathan Charles Scott, of California Allyson Hamilton-McIntire, of Kentucky Robert T. Sutter, of the District of Columbia Mihail David Seroka, of Alabama Anne Louise M. Hanson, of Virginia Pamela M. Tadken, of Maryland Travis Mark Sevy, of Utah Kaylea J. Happell, of the District of Colum- Karla Thomas, of Washington Muhammad R. Shahbaz, of New York bia Markus A. Thomi, of New York George Brandon Sherwood, of North Carolina Mark W. Hardy, of Virginia Samuel H. Thompson, of Virginia

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 1, 2013 CONGRESSIONAL RECORD — SENATE S8631 Leah Thornstenson, of Texas To be lieutenant commander Ronald K. Schuster Nicholas J. Unger, of California Victoria C. Futch Robert L. Smith Todd William Unterseher, of Louisiana Pursuant to title 10, U.S. Code, Section Joseph H. Snowden Jennifer L. VanWinkle, of Iowa 12203, the following named officers for ap- Jonathan S. Spaner Juan Manuel Vazquez, of Washington pointment to the grade indicated in the James P. Spotts Susan Rivers Vesel, of Virginia United States Coast Guard Reserve: Mikeal S. Staier Vanessa Lisbeth Vidal Castellanos, of Cali- Todd R. Styrwold To be captain fornia Erich M. Telfer Ann Marie Warmenhoven, of Florida Barbara A. Anderson Jeffery W. Thomas Bryan D. Weisbard, of Virginia Elizabeth S. Becker Richard V. Timme Robert C. Wheeler, of Virginia James M. Bradshaw William R. Timmons Lee Vincent Wilbur, of South Dakota Stephen K. Browning Gary L. Tomasulo Jacqueline K. Wilson, of Oregon Andrew T. Grenier Jonathan W. Totte Peter Brenner Winter, of New Mexico Craig R. Henzel John C. Vann Kevin Wong, of Virginia Paul J. Kosiba Robert W. Warren William H. Wyche, of Virginia Richard P. McLoughlin Timothy J. Wendt Mark K. Yang, of Virginia Mary A. Merlin Edward A. Westfall Darren M. Moore Jeffrey C. Westling f Mark M. Murakami Gregory D. Wisener NOMINATIONS DISCHARGED Raymond A. Murray Steven P. Wittrock Richard K. Nelson Mr. REID. Mr. President, I ask unan- Pursuant to title 14, U.S. Code, Section John P. Nolan 271(e), the following named officers for ap- imous consent that the following com- Sean K. O’Brien pointment to the grade indicated in the mittees be discharged from further Jeffrey K. Pashai United States Coast Guard: consideration of the following nomina- Ronald C. Richard To be commander Charles T. Scheel tions and the Senate proceed to their Matthew P. Barker Paul J. Smith consideration en bloc: Commerce Com- Michael W. Batchelder Kenneth G. Stefanisin mittee, Presidential Nominations 1919, Joshua D. Bauman 1774, 1924, 1702, 1925, 1509, 2009, 2010, 2011, Pursuant to title 14, U.S. Code, Section 271, Adam G. Bentley 2012, 2021, 2045, 2046; Veterans’ Affairs the following named officers for appointment Damon L. Bentley to the grade indicated in the United States Committee and HELP Committee, Kenneth E. Blair Coast Guard: Kenneth J. Boda Presidential Nomination 1948; Home- To be captain land Security and Governmental Af- Camilla B. Bosanquet Charles G. Alcock Roy R. Brubaker fairs Committee, Presidential Nomina- Michael S. Antonellis Joann F. Burdian tion 1698; Environment and Public Michael A. Baroody Andrew T. Campen Works Committee, Presidential Nomi- Kevin F. Bruen Scott S. Casad nations 1966, 1965, 1964, 1398, 1950; that Mark J. Bruyere Christopher R. Cederholm the nominations be confirmed; that the Joseph R. Buzzella John R. Cole motions to reconsider be considered Peter J. Clemens Robert C. Compher made and laid upon the table with no Amy B. Cocanour Chad W. Cooper intervening action or debate; that no Benjamin A. Cooper Nathan E. Coulter Dean J. Dardis Joandrew D. Cousins further motions be in order to the Benjamin L. Davis Charles C. Culotta nominations; that any related state- Andres V. Delgado Cornelius E. Cummings ments be printed in the RECORD; and Timothy D. Denby Shawn E. Decker that the President be immediately no- Dennis C. Evans Michael E. Delury tified of the Senate’s action. Kent W. Everingham Stephen A. Devereux The PRESIDING OFFICER. Without Charles E. Fosse John T. Dewey objection, it is so ordered. Claudia C. Gelzer Jose E. Diaz The nominations considered and con- Thomas W. Gesele John R. Dittmar Shannon N. Gilreath Keith M. Donohue firmed en bloc are as follows: Jason R. Hamilton Eric D. Drey FEDERAL TRADE COMMISSION Lonnie P. Harrison Jerome E. Dubay Joshua D. Wright, of Virginia, to be a Fed- Robert T. Hendrickson Mia P. Dutcher eral Trade Commissioner for the term of Glenn C. Hernandez Timothy W. Eason seven years from September 26, 2012. Pedro L. Jimenez Damon C. Edwards DEPARTMENT OF TRANSPORTATION Eric G. Johnson Jeffrey T. Eldridge Kevin A. Jones Janet D. Espinoyoung Polly Ellen Trottenberg, of Maryland, to Samuel R. Jordan Matthew R. Farnen be Under Secretary of Transportation for Ted L. Jordan Sarah K. Felger Policy. Lawrence A. Kiley Kevin B. Ferrie DEPARTMENT OF COMMERCE Nathan E. Knapp Todd A. Fisher Mark Doms, of Maryland, to be Under Sec- William J. Lane Ted R. Fowles retary of Commerce for Economic Affairs. Carola J.G. List Michael E. Frawley FEDERAL COMMUNICATIONS COMMISSION Thomas S. MacDonald Tanya L. Giles Sean C. MacKenzie Michael J. Goldschmidt Mignon L. Clyburn, of South Carolina, to Edward J. Marohn Michael D. Good be a Member of the Federal Communications David G. McClellan Hans C. Govertsen Commission for a term of five years from Patrick S. McElligatt Charles M. Guerrero July 1, 2012. Keith P. McTigue Tim A. Gunter AMTRAK Matthew T. Meilstrup Thomas T. Harrison Christopher R. Beall, of Oklahoma, to be a Mark J. Morin Robert E. Hart Director of the Amtrak Board of Directors Mitchell A. Morrison Heath A. Hartley for a term of five years. Andrew D. Myers Casey J. Hehr Yvonne Brathwaite Burke, of California, to Lee B. Mynatt Jonathan N. Hellberg be a Director of the Amtrak Board of Direc- Jason D. Neubauer Scott C. Herman tors for a term of five years. James A. Passarelli Anna W. Hickey IN THE COAST GUARD Stephen E. Raney Nakeisha B. Hills John D. Reeves Christopher M. Huberty Pursuant to title 14, U.S. Code, Sections Sean P. Regan Christopher J. Hulser 189 and 276, the following named officers of Brian W. Roche Austin R. Ives the Coast Guard permanent commissioned Patrick A. Ropp Thomas A. Jacobson teaching staff for appointment to the grades Aaron E. Roth Jeffrey H. Jager indicated in the United States Coast Guard: Jose A. Saliceti David M. Johnston To be captain Edward W. Sandlin Daniel C. Jones Brigid M. Pavilonis Timothy J. Schang Warren D. Judge

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S8632 CONGRESSIONAL RECORD — SENATE January 1, 2013 Sean R. Katz To be rear admiral lower half Jonathan W. Cox Richard J. Kavanaugh Capt. Peter J. Brown Brooks C. Crawford Brian R. Khey Capt. Scott A. Buschman Byron A. Creech Michael L. Kilmer Capt. Michael F. McAllister Daniel A. Cruz Jared E. King Capt. June E. Ryan David B. Cruz Bradley J. Klimek Capt. Joseph M. Vojvodich Walter L. Daniel Perry J. Kremer Michael R. Darrah Pursuant to title 10, U.S.C., Section 12203, Charles F. Kuebler Arthur M. Dehnz the following named officers for appointment Joseph T. Lally Phillip A. DeLisle to the grade indicated in the United States Daniel F. Leary Jeremy R. Denning Coast Guard Reserve: Erin M. Ledford Jarrod M. Dewitz Jacqueline M. Leverich To be captain Jennifer R. Doherty Andrew H. Light Robert T. Hanley Douglas M. Doll Lexia M. Littlejohn Gary W. Jones Scot R. Druckrey Chad A. Long Dirk A. Stringer Lauren F. Dufrene Kevin P. Lynn Pursuant to title 14, U.S.C., Section 271(e), Christopher P. Dufresne Susan M. Maitre the following named officers for appointment Francisco A. Estevez Eric D. Masson to the grade indicated in the United States Patricia L. Ferrell Harry D. Mautte Coast Guard: Stanley P. Fields John F. Mccarthy To be lieutenant commander Jason M. Finison Randy F. Meador Brandon C. Fisher Austin L. Adcock Michael L. Medica Matthew L. Fitzgibbons Lawrence F. Ahlin Timothy G. Meyers Jason S. Franz Antone S. Alongi Alan H. Moore Michael Friend Monica F. Andersen Ellis H. Moose Tracy D. Funck Mikael D. Anderson Anne M. Morrissey Matthew A. Gans Ulysses S. Mullins Jennifer J. Andrew Lisa L. Garcez Kenneth T. Nagie Audie J. Andry Kevin E. Garcia Raymond. Negron Edward S. Aponte Jesse J. Garrant David J. Obermeier Matthew S. Austin Greg S. Gedemer Sean J. Obrien Bernard C. Auth Lacresha A. Getter Thomas A. Olenchock Samuel H. Babbitt James A. Gibson Jr Rebecca E. Ore Brian D. Bachtel Michael R. Gillham Luis C. Parrales Engrid A. Backstrom Erin K. Gilson Scott W. Peabody Michael W. Baird Gerrod C. Glauner Luke A. Perciak John E. Bannon Jerod A. Glover Patrick F. Peschka Roger B. Barr Ian A. Hall Justin D. Peters Stephen T. Baxter Andrew P. Halvorson Harper L. Phillips Todd M. Behney Kent D. Hammack Tracy O. Phillips James R. Bendle Anders J. Hammersborg Scott S. Phy Patricia M. Bennett James J. Hannam Frank A. Pierce Torrey H. Bertheau Gregory A. Hayes Keith J. Pierre Robert A. Bixler Juan M. Hernandez Shannon M. Pitts Kelly C. Blackburn Reyna E. Hernandez Alisa L. Praskovich Julie E. Blanchfield Gerald J. Hewes Steven E. Ramassini Ronald D. Bledsoe Anthony S. Hillenbrand Jacob J. Ramos Brian T. Boland James E. Hiltz Rodrigo G. Rojas Jeffrey M. Bolling Marcus T. Hirschberg Matthew A. Rudick Erin M. Boyle Matthew M. Hobbie Rosario M. Russo Tommy J. Brackins Mary D. Hoffman Belinda C. Savage Corey A. Braddock Crist M. Holveck Clint B. Schlegel Adam C. Brennell Daniel J. Huelsman Anita M. Scott Michael D. Brimblecom Donald E. Hunley Arthur R. Shuman Collin R. Bronson Michael J. Hunt David M. Sherry Mary D. Brooks Daniel G. Hurd Michael J. Simbulan Meaghan H. Brosnan Ian T. Hurst Jennifer L. Sinclair Cody L. Brown Marcus A. Ivery Loring A. Small Katherine L. Brown Raymond D. Jackson Derek L. Smith Staci K. Brown James A. Jenks Eric A. Smith Bradley A. Brunaugh Briana N. Jewczyn Shad S. Soldano Christopher D. Brunclik Nathaniel K. Johnson James W. Spitler Martin J. Bryant Thomas D. Jones Douglas K. Stark Elizabeth A. Buendia Mark C. Jorgensen John M. Stone Kenneth J. Burgess Kevin L. Kammeter Vasilios Tasikas Nicole S. Burgess Kevin T. Karow Romualdus M. tenBerge Adam N. Burkley Anthony J. Kenne Michael D. Thomas Eric S. Burley Margaret D. Kennedy Matthew A. Thompson Kara L. Burns James R. Kenshalo Solomon C. Thompson William R. Cahill Corey M. Kerns Russell R. Torgerson Michael J. Calderone Gregory J. Knoll Gregory M. Tozzi James J. Camp Matthew R. Kolodica Christopher A. Tribolet James M. Carabin Michael A. Kops Clinton A. Trocchio Luis O. Carmona Scott C. Kramer Bryan J. Ullmer Joel B. Carse Richard E. Kuzak James A. Valentine Christopher L. Carter Ryan B. Lamb Eva J. Vancamp Aaron J. Casavant Kara M. Lavin Paul G. Vogel Christy S. Casey Amanda M. Lee David M. Webb David K. Chapman Almerick C. Lim Tyson S. Weinert Jeffrey J. Chonko Brandon M. Link Molly A. Wike Gregory A. Clayton Christopher D. Lucero Terence J. Williams Bryan J. Coffman Beth A. Mager Kevin M. Wilson Bradley D. Conway Krissy A. Marlin Nicholas L. Wong Adam J. Cooley Rodney G. Martinez Andrew J. Wright James R. Cooley Matthew K. Matsuoka Pursuant to title 14, U.S.C., Section 271(d), George H. Cottrell Gregg J. Maye the following named officers for appointment Jeremy A. Courtade Kevin J. Mcdonald in the United States Coast Guard to the Michael T. Courtney Clay D. Mckinney grade indicated: Allison B. Cox John M. McWilliams

VerDate Mar 15 2010 06:34 Dec 16, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD13\RECFILES\S01JA3.REC S01JA3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 1, 2013 CONGRESSIONAL RECORD — SENATE S8633 Christopher D. Meik Kristofer A. Tsairis Bruce Carter, of Florida, to be a Member of Nathan S. Menefee Christopher B. Tuckey the National Council on the Arts for a term George F. Menze Matthew S. Tuohy expiring September 3, 2016. Bradley W. Middleton Jorge L. Valente BARRY GOLDWATER SCHOLARSHIP AND David A. Middleton Benjamin J. Velazquez EXCELLENCE IN EDUCATION FOUNDATION Brooke A. Millard David B. Vicks Stewart M. De Soto, of Illinois, to be a Jesse M. Millard Brett R. Walter Member of the Board of Trustees of the Jonathan D. Miller Matthew J. Walter Barry Goldwater Scholarship and Excellence Kenneth R. Millson Benjamin M. Walton in Education Foundation for a term expiring Boris Montatsky Molly K. Waters August 11, 2016. Commander K. Moore Ryan A. Waters Michael C. Morefield Douglas D. Watson UNITED STATES INSTITUTE OF PEACE Kathryn A. Moretti Justin L. Westmiller Joseph Eldridge, of the District of Colum- Robert S. Morris Shannon M. Whitaker bia, to be a Member of the Board of Directors Kelly J. Moyers Neil A. White of the United States Institute of Peace for a Ernesto Muniztirado Robert S. Whiteside term of four years. Gary C. Murphy Carl A. Wilson NATIONAL COUNCIL ON THE HOMELESS Scott C. Murphy Charles K. Wilson Camila Ann Alire, of Colorado, to be a Steven M. Myers Eric J. Wilson Member of the National Council on the Hu- Ronald T. Nakamoto Christopher Wolfer manities for a term expiring January 26, Samuel R. Nassar Dana L. Woodall 2018. Brandon J. Natteal Nicholas S. Worst Joshua B. Nelson Damian Yemma METROPOLITAN WASHINGTON AIRPORTS Ian S. Neville-Neil Israel J. Young AUTHORITY Michael D. Newell Russell R. Zuckerman William Shaw McDermott, of Massachu- Michael C. Norris setts, to be a Member of the Board of Direc- DEPARTMENT OF LABOR Charles S. Novak tors of the Metropolitan Washington Air- Keith Kelly, of Montana, to be Assistant Stephen P. Nutting ports Authority for a term expiring Novem- Secretary of Labor for Veterans’ Employ- Jeremy R. Obenchain ber 22, 2017. ment and Training. Janna M. Ott Nina Mitchell Wells, of New Jersey, to be a Daniel G. Owen OFFICE OF GOVERNMENT ETHICS Member of the Board of Directors of the Met- Tina D. Owen Walter M. Shaub, Jr., of Virginia, to be Di- ropolitan Washington Airports Authority for Nicholas W. Parker rector of the Office of Government Ethics for a term expiring May 30, 2018. Thomas T. Pequignot a term of five years. Luke R. Petersen f TENNESSEE VALLEY AUTHORITY Michael C. Petta LEGISLATIVE SESSION Mark A. Piber Joe H. Ritch, of Alabama, to be a Member Sean P. Plankey of the Board of Directors of the Tennessee The PRESIDING OFFICER. Under Jason T. Plumley Valley Authority for a term expiring May 18, the previous order, the Senate will re- Beau G. Powers 2016. Michael McWherter, of Tennessee, to be a sume legislative session. Clayton S. Preble The majority leader. Kristen M. Preble Member of the Board of Directors of the Ten- Randy L. Preston nessee Valley Authority for a term expiring f Christopher C. Putnam May 18, 2016. Vera Lynn Evans, of Tennessee, to be a Miles R. Randall CLARIFYING THAT ACCOUNTS IN Member of the Board of Directors of the Ten- Kevin J. Rapp THE THRIFT SAVINGS FUND ARE Kent R. Reinhold nessee Valley Authority for a term expiring SUBJECT TO CERTAIN FEDERAL Emily P. Reuter May 18, 2017. TAX LEVIES C. Peter Mahurin, of Kentucky, to be a Jonathan P. Rice Member of the Board of Directors of the Ten- Mr. REID. Mr. President, I ask unan- Christian P. Rigney nessee Valley Authority for a term expiring Stanley L. Robinson imous consent that the Homeland Se- May 18, 2016. Chad J. Robuck curity and Governmental Affairs Com- Kenneth H. Rockhold CHEMICAL SAFETY AND HAZARD INVESTIGATION mittee be discharged from further con- Thomas C. Rodzewicz BOARD sideration of H.R. 4365 and the Senate Kjell C. Rommerdahl Beth J. Rosenberg, of Massachusetts, to be proceed to its consideration. Elizabeth M. Roscoe a Member of the Chemical Safety and Hazard The PRESIDING OFFICER. Without Jeffrey H. Rubini Investigation Board for a term of five years. objection, it is so ordered. Eric S. Runyon Mr. REID. I ask unanimous consent Catharine L. Ryan The clerk will report the bill by title. that the Senate proceed to consider the The assistant legislative clerk read Michael K. Saffold following nominations under the Privi- Jaime Salinas as follows: leged section of the Executive Cal- Richard C. Sansone A bill (H.R. 4365) to amend title 5, United Andrew G. Schanno endar: PN 2068, 1566, 1934, 1939, 1945, States Code, to make clear that accounts in Matthew A. Schibler 1796, 1926, 1927; that the nominations be the Thrift Savings Fund are subject to cer- Brian C. Schmidt confirmed, the motions to reconsider tain Federal tax levies. William A. Schrade be made and laid upon the table with There being no objection, the Senate David P. Sheppard no intervening action or debate; that Brendan C. Shields proceeded to consider the bill. no further motions be made in order to Mr. REID. Mr. President, I ask unan- Luke M. Slivinski the nominations; that any related Frances M. Smith imous consent that the bill be read a Pablo V. Smith statements be printed in the RECORD; third time and passed, the motion to Paul D. Smith that the President be immediately no- reconsider be laid upon the table, with Scott R. Smith tified of the Senate’s action and the no intervening action or debate, and William M. Snyder Senate then resume legislative session. any statements be printed in the Benjamin J. Spector The PRESIDING OFFICER. Without RECORD. Donald S. Stiker objection, it is so ordered. The PRESIDING OFFICER. Without Christopher S. Stoeckler The nominations considered and con- objection, it is so ordered. Steven D. Stowers firmed are as follows: Kevin J. Sullivan The bill (H.R. 4365) was ordered to a MILLENNIUM CHALLENGE CORPORATION Robert J. Tenetylo third reading, was read the third time, Philip D. Thisse Morton H. Halperin, of the District of Co- and passed. Joseph G. Thomas lumbia, to be a Member of the Board of Di- Keith O. Thomas rectors of the Millennium Challenge Cor- f poration for a term of three years. Stephen G. Thompson WAIVER OF PARCHMENT PRINTING Jarod S. Toczko NATIONAL COUNCIL ON THE ARTS Miguel E. Torrez Maria Lopez De Leon, of Texas, to be a Mr. REID. I ask unanimous consent Douglas M. Trent Member of the National Council on the Arts that the Senate proceed to H. Con. Res. Roberto N. Trevino for a term expiring September 3, 2018. 147.

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WEITZEL, WHICH NOMINATIONS WERE RECEIVED BY THE The PRESIDING OFFICER. The SENATE AND APPEARED IN THE CONGRESSIONAL mous consent and the nomination was clerk will report the concurrent resolu- RECORD ON NOVEMBER 13, 2012. confirmed: FOREIGN SERVICE NOMINATION OF MICHAEL R. tion by title. HARDEGEN. WALTER M. SHAUB, JR., OF VIRGINIA, TO BE DIRECTOR The assistant legislative clerk read FOREIGN SERVICE NOMINATIONS BEGINNING WITH OF THE OFFICE OF GOVERNMENT ETHICS FOR A TERM OF as follows: JAMES J. HIGGISTON AND ENDING WITH ERIC A. FIVE YEARS. WENBERG, WHICH NOMINATIONS WERE RECEIVED BY The Senate Committee on Environ- A concurrent resolution (H. Con. Res. 147) THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER 27, 2012. ment and Public Works was discharged waiving the requirement that measures en- FOREIGN SERVICE NOMINATIONS BEGINNING WITH rolled during the remainder of the One Hun- STEPHEN J. GONYEA AND ENDING WITH KATHARINE AN- from further consideration of the fol- dred Twelfth Congress be printed on parch- TONIA WEBER, WHICH NOMINATIONS WERE RECEIVED BY lowing nominations by unanimous con- THE SENATE AND APPEARED IN THE CONGRESSIONAL ment. RECORD ON NOVEMBER 27, 2012. sent and the nominations were con- FOREIGN SERVICE NOMINATIONS BEGINNING WITH firmed: There being no objection, the Senate DAVID E. ECKERSON AND ENDING WITH CLINTON DAVID proceeded to consider the concurrent WHITE, WHICH NOMINATIONS WERE RECEIVED BY THE C. PETER MAHURIN, OF KENTUCKY, TO BE A MEMBER SENATE AND APPEARED IN THE CONGRESSIONAL OF THE BOARD OF DIRECTORS OF THE TENNESSEE VAL- resolution. RECORD ON NOVEMBER 27, 2012. LEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2016. Mr. REID. I ask unanimous consent FOREIGN SERVICE NOMINATIONS BEGINNING WITH BETH J. ROSENBERG, OF MASSACHUSETTS, TO BE A KARL MILLER ADAM AND ENDING WITH MARK K. YANG, MEMBER OF THE CHEMICAL SAFETY AND HAZARD IN- that the concurrent resolution be WHICH NOMINATIONS WERE RECEIVED BY THE SENATE VESTIGATION BOARD FOR A TERM OF FIVE YEARS. agreed to and the motion to reconsider AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- VERA LYNN EVANS, OF TENNESSEE, TO BE A MEMBER VEMBER 27, 2012. OF THE BOARD OF DIRECTORS OF THE TENNESSEE VAL- be considered made and laid upon the LEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2017. table with no intervening action or de- The Senate Committee on Com- MICHAEL MCWHERTER, OF TENNESSEE, TO BE A MEM- merce, Science, and Transportation BER OF THE BOARD OF DIRECTORS OF THE TENNESSEE bate. VALLEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2016. The PRESIDING OFFICER. Without was discharged from further consider- JOE H. RITCH, OF ALABAMA, TO BE A MEMBER OF THE objection, it is so ordered. ation of the following nominations by BOARD OF DIRECTORS OF THE TENNESSEE VALLEY AU- unanimous consent and the nomina- THORITY FOR A TERM EXPIRING MAY 18, 2016. The concurrent resolution (H. Con. f Res. 147) was agreed to. tions were confirmed: YVONNE BRATHWAITE BURKE, OF CALIFORNIA, TO BE CONFIRMATIONS f A DIRECTOR OF THE AMTRAK BOARD OF DIRECTORS FOR A TERM OF FIVE YEARS. Executive nominations confirmed by ORDERS FOR WEDNESDAY, MIGNON L. CLYBURN, OF SOUTH CAROLINA, TO BE A the Senate January 1, 2013: JANUARY 2, 2013 MEMBER OF THE FEDERAL COMMUNICATIONS COMMIS- SION FOR A TERM OF FIVE YEARS FROM JULY 1, 2012. DEPARTMENT OF THE TREASURY Mr. REID. Mr. President, I ask unan- POLLY ELLEN TROTTENBERG, OF MARYLAND, TO BE UNDER SECRETARY OF TRANSPORTATION FOR POLICY. RICHARD B. BERNER, OF MASSACHUSETTS, TO BE DI- imous consent that when the Senate JOSHUA D. WRIGHT, OF VIRGINIA, TO BE A FEDERAL RECTOR, OFFICE OF FINANCIAL RESEARCH, DEPART- completes its business today, it ad- TRADE COMMISSIONER FOR THE TERM OF SEVEN YEARS MENT OF THE TREASURY, FOR A TERM OF SIX YEARS. FROM SEPTEMBER 26, 2012. FEDERAL MARITIME COMMISSION journ until 12 p.m. tomorrow, January MARK DOMS, OF MARYLAND, TO BE UNDER SECRETARY 2, 2013; that following the prayer and OF COMMERCE FOR ECONOMIC AFFAIRS. WILLIAM P. DOYLE, OF PENNSYLVANIA, TO BE A FED- CHRISTOPHER R. BEALL, OF OKLAHOMA, TO BE A DI- ERAL MARITIME COMMISSIONER FOR THE TERM EXPIR- pledge, the Journal of proceedings be RECTOR OF THE AMTRAK BOARD OF DIRECTORS FOR A ING JUNE 30, 2013. approved to date, the morning hour be TERM OF FIVE YEARS. DEPARTMENT OF TRANSPORTATION COAST GUARD NOMINATIONS BEGINNING WITH BRIGID deemed expired, and the time for the M. PAVILONIS AND ENDING WITH VICTORIA C. FUTCH, MICHAEL PETER HUERTA, OF THE DISTRICT OF COLUM- two leaders be reserved for their use WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BIA, TO BE ADMINISTRATOR OF THE FEDERAL AVIATION AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- ADMINISTRATION FOR THE TERM OF FIVE YEARS. later in the day; that following any VEMBER 13, 2012. leader remarks, the Senate proceed to COAST GUARD NOMINATIONS BEGINNING WITH BAR- OVERSEAS PRIVATE INVESTMENT CORPORATION BARA A. ANDERSON AND ENDING WITH KENNETH G. JAMES M. DEMERS, OF NEW HAMPSHIRE, TO BE A MEM- a period of morning business until 1:30 STEFANISIN, WHICH NOMINATIONS WERE RECEIVED BY BER OF THE BOARD OF DIRECTORS OF THE OVERSEAS p.m. for debate only with Senators per- THE SENATE AND APPEARED IN THE CONGRESSIONAL PRIVATE INVESTMENT CORPORATION FOR A TERM EX- RECORD ON NOVEMBER 13, 2012 . PIRING DECEMBER 17, 2014. mitted to speak for up to 10 minutes COAST GUARD NOMINATIONS BEGINNING WITH NAOMI A. WALKER, OF THE DISTRICT OF COLUMBIA, TO each. CHARLES G. ALCOCK AND ENDING WITH STEVEN P. BE A MEMBER OF THE BOARD OF DIRECTORS OF THE WITTROCK, WHICH NOMINATIONS WERE RECEIVED BY OVERSEAS PRIVATE INVESTMENT CORPORATION FOR A The PRESIDING OFFICER. Without THE SENATE AND APPEARED IN THE CONGRESSIONAL TERM EXPIRING DECEMBER 17, 2012. objection, it is so ordered. RECORD ON NOVEMBER 13, 2012. COAST GUARD NOMINATIONS BEGINNING WITH MAT- STATE JUSTICE INSTITUTE f THEW P. BARKER AND ENDING WITH ANDREW J. WRIGHT, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE JONATHAN LIPPMAN, OF NEW YORK, TO BE A MEMBER EXPRESSION OF THANKS AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE VEMBER 13, 2012. INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2012. Mr. REID. Mr. President, first of all, COAST GUARD NOMINATIONS BEGINNING WITH CAPT. JONATHAN LIPPMAN, OF NEW YORK, TO BE A MEMBER PETER J. BROWN AND ENDING WITH CAPT. JOSEPH M. OF THE BOARD OF DIRECTORS OF THE STATE JUSTICE I appreciate everyone, including the VOJVODICH, WHICH NOMINATIONS WERE RECEIVED BY INSTITUTE FOR A TERM EXPIRING SEPTEMBER 17, 2015. Presiding Officers we have had over the THE SENATE AND APPEARED IN THE CONGRESSIONAL NATIONAL FOUNDATION ON THE ARTS AND THE RECORD ON NOVEMBER 14, 2012. HUMANITIES last few days, and everyone, especially COAST GUARD RESERVE NOMINATIONS BEGINNING the staff who have been working so WITH ROBERT T. HANLEY AND ENDING WITH DIRK A. MARIA ROSARIO JACKSON, OF CALIFORNIA, TO BE A STRINGER, WHICH NOMINATIONS WERE RECEIVED BY MEMBER OF THE NATIONAL COUNCIL ON THE ARTS FOR hard. Everyone is just as tired as I am, THE SENATE AND APPEARED IN THE CONGRESSIONAL A TERM EXPIRING SEPTEMBER 3, 2016. I am sure. So I appreciate very much RECORD ON DECEMBER 5, 2012. COAST GUARD NOMINATIONS BEGINNING WITH AUSTIN NATIONAL INSTITUTE OF BUILDING SCIENCES the hard work, and I hope tomorrow L. ADCOCK AND ENDING WITH RUSSELL R. ZUCKERMAN, JOSEPH BYRNE DONOVAN, OF VIRGINIA, TO BE A MEM- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE will go well. BER OF THE BOARD OF DIRECTORS OF THE NATIONAL IN- AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- STITUTE OF BUILDING SCIENCES FOR A TERM EXPIRING CEMBER 5, 2012. f SEPTEMBER 7, 2013. The Senate Committee on Veterans’ ADJOURNMENT UNTIL TOMORROW NATIONAL FOUNDATION ON THE ARTS AND THE Affairs was discharged from further HUMANITIES Mr. REID. If there is no further busi- consideration of the following nomina- BRUCE R. SIEVERS, OF CALIFORNIA, TO BE A MEMBER ness to come before the Senate, I ask tion by unanimous consent and the OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A unanimous consent that the Senate nomination was held at the desk: TERM EXPIRING JANUARY 26, 2018. DEPARTMENT OF JUSTICE stand adjourned under the previous KEITH KELLY, OF MONTANA, TO BE ASSISTANT SEC- order. RETARY OF LABOR FOR VETERANS’ EMPLOYMENT AND ANGELA TAMMY DICKINSON, OF MISSOURI, TO BE TRAINING. UNITED STATES ATTORNEY FOR THE WESTERN DIS- There being no objection, the Senate, TRICT OF MISSOURI FOR THE TERM OF FOUR YEARS. The Senate Committee on Health, at 5:58 p.m., adjourned until Wednes- IN THE AIR FORCE day, January 2, 2013, at 12 noon. Education, Labor, and Pensions was discharged from further consideration THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- of the following nomination by unani- CATED UNDER TITLE 10, U.S.C., SECTIONS 12203: DISCHARGED NOMINATIONS mous consent and the nomination was To be brigadier general The Senate Committee on Foreign confirmed: COLONEL STEPHEN J. LINSENMEYER, JR. Relations was discharged from further KEITH KELLY, OF MONTANA, TO BE ASSISTANT SEC- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED RETARY OF LABOR FOR VETERANS’ EMPLOYMENT AND STATES OFFICERS FOR APPOINTMENT IN THE RESERVE consideration of the following nomina- TRAINING. OF THE AIR FORCE TO THE GRADE INDICATED UNDER tions by unanimous consent and the TITLE 10, U.S.C., SECTIONS 12203 AND 12212: The Senate Committee on Homeland To be brigadier general nominations were confirmed: Security and Governmental Affairs was FOREIGN SERVICE NOMINATION OF GARY T. GREENE. discharged from further consideration COL. CALVIN H. ELAM FOREIGN SERVICE NOMINATIONS BEGINNING WITH THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED PHILIP S. GOLDBERG AND ENDING WITH ROBERT W. of the following nomination by unani- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE

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OF THE AIR FORCE TO THE GRADE INDICATED UNDER BRIGADIER GENERAL JOCELYN M. SENG UNITED STATES MARINE CORPS WHILE ASSIGNED TO A TITLE 10, U.S.C., SECTIONS 12203 AND 12212: BRIGADIER GENERAL SHEILA ZUEHLKE POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER To be major general THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED TITLE 10, U.S.C., SECTION 601: STATES OFFICERS FOR APPOINTMENT IN THE RESERVE To be lieutenant general BRIG. GEN. MARK E. BARTMAN OF THE AIR FORCE TO THE GRADE INDICATED UNDER BRIG. GEN. STANLEY J. OSSERMAN, JR. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: LT. GEN. STEVEN A. HUMMER BRIG. GEN. THOMAS A. THOMAS, JR. To be major general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. ERIC G. WELLER TO THE GRADE OF LIEUTENANT GENERAL IN THE THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED BRIGADIER GENERAL PAUL L. AYERS UNITED STATES MARINE CORPS WHILE ASSIGNED TO A STATES OFFICERS FOR APPOINTMENT IN THE RESERVE BRIGADIER GENERAL JIM C. CHOW POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER OF THE AIR FORCE TO THE GRADE INDICATED UNDER BRIGADIER GENERAL GREGORY L. FERGUSON TITLE 10, U.S.C., SECTION 601: TITLE 10, U.S.C., SECTIONS 12203 AND 12212: BRIGADIER GENERAL ANTHONY P. GERMAN BRIGADIER GENERAL RICKIE B. MATTSON To be lieutenant general To be brigadier general BRIGADIER GENERAL JOHN E. MCCOY LT. GEN. RICHARD T. TRYON BRIGADIER GENERAL JOHN E. MURPHY COLONEL GLEN M. BAKER BRIGADIER GENERAL BRIAN G. NEAL UNITED STATES TAX COURT COLONEL JEFFREY D. BUCKLEY COLONEL ANTHONY J. CARRELLI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ALBERT G. LAUBER, OF THE DISTRICT OF COLUMBIA, COLONEL TIMOTHY J. CATHCART IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- TO BE A JUDGE OF THE UNITED STATES TAX COURT FOR COLONEL ANDREW J. DONNELLY CATED UNDER TITLE 10, U.S.C., SECTION 12203: THE TERM OF FIFTEEN YEARS. COLONEL HAROLD S. EGGENSPERGER To be brigadier general THE JUDICIARY COLONEL JAMES O. EIFERT COLONEL BRYAN P. FOX COLONEL STEPHANIE A. GASS RONALD LEE BUCH, OF VIRGINIA, TO BE A JUDGE OF COLONEL RICKY D. GIBNEY COLONEL MARY H. HITTMEIER THE UNITED STATES TAX COURT FOR A TERM OF FIF- COLONEL CHRISTOPHER A. HEGARTY COLONEL TIMOTHY P. KELLY TEEN YEARS. COLONEL JOHN P. HRONEK II COLONEL THOMAS E. KITTLER NATIONAL FOUNDATION ON THE ARTS AND THE COLONEL PAUL HUTCHINSON COLONEL KENNETH R. LAPIERRE COLONEL KEVIN J. KEEHN COLONEL MARK L. LOEBEN HUMANITIES COLONEL CHRISTOPHER J. KNAPP COLONEL JAMES F. MACKEY DAVID MASUMOTO, OF CALIFORNIA, TO BE A MEMBER COLONEL MICHAEL E. MANNING COLONEL WALTER J. SAMS OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM COLONEL CLAYTON W. MOUSHON COLONEL CHRISTOPER F. SKOMARS EXPIRING SEPTEMBER 3, 2018. COLONEL MICHAEL A. NOLAN COLONEL WADE R. SMITH RAMON SALDIVAR, OF CALIFORNIA, TO BE A MEMBER COLONEL MICHAEL L. OGLE COLONEL MARK D. STILLWAGON OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A COLONEL RONALD E. PAUL COLONEL CURTIS L. WILLIAMS TERM EXPIRING JANUARY 26, 2018. COLONEL SAMUEL H. RAMSAY III THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE COLONEL WILLIAM B. RICHY UNITED STATES OFFICER FOR APPOINTMENT AS DIREC- SAINT LAWRENCE SEAWAY DEVELOPMENT COLONEL ADALBERTO RIVERA TOR, AIR NATIONAL GUARD, AND FOR APPOINTMENT TO CORPORATION COLONEL SAMI D. SAID THE GRADE INDICATED IN THE RESERVE OF THE AIR COLONEL ANTHONY E. SCHIAVI FORCE UNDER TITLE 10, U.S.C., SECTIONS 601 AND 10506: WILLIAM J. MIELKE, OF WISCONSIN, TO BE A MEMBER COLONEL JOHN D. SLOCUM To be lieutenant general OF THE ADVISORY BOARD OF THE SAINT LAWRENCE COLONEL RONALD W. SOLBERG SEAWAY DEVELOPMENT CORPORATION. LT. GEN. STANLEY E. CLARKE III ARTHUR H. SULZER, OF PENNSYLVANIA, TO BE A MEM- IN THE NAVY BER OF THE ADVISORY BOARD OF THE SAINT LAWRENCE IN THE ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SEAWAY DEVELOPMENT CORPORATION. IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES INSTITUTE OF PEACE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE RESERVE OF THE ARMY TO THE GRADE INDI- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: GEORGE E. MOOSE, OF VIRGINIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED STATES IN- To be vice admiral To be brigadier general STITUTE OF PEACE FOR A TERM OF FOUR YEARS. REAR ADM. KENNETH E. FLOYD COL. JODY J. DANIELS NATIONAL FOUNDATION ON THE ARTS AND THE AFRICAN DEVELOPMENT FOUNDATION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT HUMANITIES IN THE UNITED STATES ARMY TO THE GRADE INDICATED EDWARD W. BREHM, OF MINNESOTA, TO BE A MEMBER WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CAMILA ANN ALIRE, OF COLORADO, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE AFRICAN DEVEL- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A OPMENT FOUNDATION FOR A TERM EXPIRING SEP- To be lieutenant general TERM EXPIRING JANUARY 26, 2018. TEMBER 22, 2017. METROPOLITAN WASHINGTON AIRPORTS IQBAL PAROO, OF FLORIDA, TO BE A MEMBER OF THE MAJ. GEN. BERNARD S. CHAMPOUX AUTHORITY BOARD OF DIRECTORS OF THE AFRICAN DEVELOPMENT THE FOLLOWING ARMY NATIONAL GUARD OF THE FOUNDATION FOR A TERM EXPIRING SEPTEMBER 22, 2017. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- WILLIAM SHAW MCDERMOTT, OF MASSACHUSETTS, TO UNITED STATES AGENCY FOR INTERNATIONAL SERVE OF THE ARMY TO THE GRADE INDICATED UNDER BE A MEMBER OF THE BOARD OF DIRECTORS OF THE TITLE 10, U.S.C., SECTIONS 12203 AND 12211: METROPOLITAN WASHINGTON AIRPORTS AUTHORITY DEVELOPMENT To be brigadier general FOR A TERM EXPIRING NOVEMBER 22, 2017. T. CHARLES COOPER, OF MARYLAND, TO BE AN ASSIST- NINA MITCHELL WELLS, OF NEW JERSEY, TO BE A ANT ADMINISTRATOR OF THE UNITED STATES AGENCY COL. MICHAEL L. SCHOLES MEMBER OF THE BOARD OF DIRECTORS OF THE METRO- POLITAN WASHINGTON AIRPORTS AUTHORITY FOR A FOR INTERNATIONAL DEVELOPMENT. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TERM EXPIRING MAY 30, 2018. DEPARTMENT OF JUSTICE TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: IN THE AIR FORCE PATRICK J. WILKERSON, OF OKLAHOMA, TO BE UNITED To be brigadier general STATES MARSHAL FOR THE EASTERN DISTRICT OF AIR FORCE NOMINATIONS BEGINNING WITH DEMEA A. OKLAHOMA FOR THE TERM OF FOUR YEARS. COLONEL CHRISTOPHER S. BALLARD ALDERMAN AND ENDING WITH FELISA L. WILSON, WHICH LOUISE W. KELTON, OF TENNESSEE, TO BE UNITED COLONEL DAVID G. BASSETT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- STATES MARSHAL FOR THE MIDDLE DISTRICT OF TEN- COLONEL DONALD C. BOLDUC PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER NESSEE FOR THE TERM OF FOUR YEARS. COLONEL EDWARD M. DALY 13, 2012. AIR FORCE NOMINATIONS BEGINNING WITH MATTHEW MILLENNIUM CHALLENGE CORPORATION COLONEL MALCOLM B. FROST COLONEL DONALD G. FRYC W. ALLINSON AND ENDING WITH JEFFREY D. YOUNG, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE LORNE W. CRANER, OF VIRGINIA, TO BE A MEMBER OF COLONEL ANTHONY C. FUNKHOUSER COLONEL PETER A. GALLAGHER AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- THE BOARD OF DIRECTORS OF THE MILLENNIUM CHAL- VEMBER 27, 2012. LENGE CORPORATION FOR A TERM OF TWO YEARS. COLONEL WILLIAM K. GAYLER COLONEL MARK W. GILLETTE AIR FORCE NOMINATIONS BEGINNING WITH JOHAN K. IN THE AIR FORCE COLONEL DAVID B. HAIGHT AHN AND ENDING WITH JEFFREY S. WILLIAMS, WHICH COLONEL JOSEPH P. HARRINGTON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL MICHAEL L. HOWARD PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL JOHN P. JOHNSON 5, 2012. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE COLONEL JAMES E. KRAFT, JR. AIR FORCE NOMINATIONS BEGINNING WITH LAURA A. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION COLONEL MICHAEL E. KURILLA BRODHAG AND ENDING WITH JOHN D. KLEIN, WHICH 601: COLONEL PAUL J. LAUGHLIN II NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be lieutenant general COLONEL JOSEPH M. MARTIN PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER COLONEL TERRENCE J. MCKENRICK 17, 2012. MAJ. GEN. LORI J. ROBINSON COLONEL CHRISTOPHER P. MCPADDEN AIR FORCE NOMINATIONS BEGINNING WITH WILLIAM R. BAEZ AND ENDING WITH BRYCE G. WHISLER, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL JOHN E. O’NEIL NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL MARK J. O’NEIL PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE COLONEL ANDREW P. POPPAS 17, 2012. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION COLONEL JAMES E. RAINEY AIR FORCE NOMINATIONS BEGINNING WITH JAKE R. AT- 601: COLONEL KENT D. SAVRE COLONEL WILSON A. SHOFFNER, JR. WOOD AND ENDING WITH MICHAEL R. ZACHAR, WHICH To be lieutenant general COLONEL MARK S. SPINDLER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER MAJ. GEN. GREGORY A. BISCONE COLONEL SEAN P. SWINDELL COLONEL RANDY S. TAYLOR 17, 2012. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL JOHN C. THOMSON III AIR FORCE NOMINATIONS BEGINNING WITH KRISTEN J. IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- COLONEL LEON N. THURGOOD BEALS AND ENDING WITH JIANZHONG J. ZHANG, WHICH CATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL FLEM B. WALKER, JR. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL ROBERT P. WALTERS, JR. PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER To be brigadier general 17, 2012. IN THE NAVY COL. LISA A. NAFTZGER-KANG AIR FORCE NOMINATIONS BEGINNING WITH TANSEL ACAR AND ENDING WITH BRANDON H. WILLIAMS, WHICH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES NAVY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER CATED UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: 17, 2012. To be major general To be rear admiral AIR FORCE NOMINATIONS BEGINNING WITH SAMUEL E. AIKELE AND ENDING WITH SCOTT M. ZELASKO, WHICH BRIGADIER GENERAL WILLIAM B. BINGER REAR ADM. (LH) RANDOLPH L. MAHR NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL KEITH D. KRIES IN THE MARINE CORPS PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER BRIGADIER GENERAL MARYANNE MILLER 17, 2012. BRIGADIER GENERAL JANE C. ROHR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH HOMAYOUN BRIGADIER GENERAL PATRICIA A. ROSE TO THE GRADE OF LIEUTENANT GENERAL IN THE R. AHMADIAN AND ENDING WITH JOE X. ZHANG, WHICH

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NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH DONALD E. AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER LAYNE AND ENDING WITH JOSEPH F. SUCHER, WHICH CEMBER 5, 2012. 17, 2012. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COAST GUARD RESERVE IN THE ARMY PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER 17, 2012. COAST GUARD RESERVE NOMINATIONS BEGINNING ARMY NOMINATION OF ROBERT W. HANDY, TO BE COLO- IN THE NAVY WITH ROBERT T. HANLEY AND ENDING WITH DIRK A. NEL. STRINGER, WHICH NOMINATIONS WERE RECEIVED BY ARMY NOMINATION OF JAMES T. SEIDULE, TO BE COLO- NAVY NOMINATIONS BEGINNING WITH DAVID THE SENATE AND APPEARED IN THE CONGRESSIONAL NEL. SAMMETT AND ENDING WITH TIMOTHY R. DURKIN, RECORD ON DECEMBER 5, 2012. ARMY NOMINATIONS BEGINNING WITH MARK A. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOZAKI AND ENDING WITH MATTHEW D. RAMSEY, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- DEPARTMENT OF COMMERCE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- VEMBER 27, 2012. MARK DOMS, OF MARYLAND, TO BE UNDER SECRETARY PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER NAVY NOMINATIONS BEGINNING WITH TIMOTHY R. AN- OF COMMERCE FOR ECONOMIC AFFAIRS. 27, 2012. DERSON AND ENDING WITH GEORGE B. WATKINS, WHICH ARMY NOMINATIONS BEGINNING WITH CHRISTOPHER J. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- DEPARTMENT OF TRANSPORTATION CUMMINGS AND ENDING WITH RANDOLPH O. PETGRAVE, PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 27, 2012. POLLY ELLEN TROTTENBERG, OF MARYLAND, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- NAVY NOMINATION OF JOHN T. VOLPE, TO BE COM- UNDER SECRETARY OF TRANSPORTATION FOR POLICY. VEMBER 27, 2012. MANDER. ARMY NOMINATIONS BEGINNING WITH ANTHONY C. AD- NAVY NOMINATION OF TAMARA M. SORENSEN, TO BE FEDERAL COMMUNICATIONS COMMISSION OLPH AND ENDING WITH SEAN M. WILSON, WHICH NOMI- LIEUTENANT COMMANDER. MIGNON L. CLYBURN, OF SOUTH CAROLINA, TO BE A NATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATION OF JOSEPH N. KENAN, TO BE LIEU- MEMBER OF THE FEDERAL COMMUNICATIONS COMMIS- PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER TENANT COMMANDER. SION FOR A TERM OF FIVE YEARS FROM JULY 1, 2012. 27, 2012. BARRY GOLDWATER SCHOLARSHIP AND ARMY NOMINATIONS BEGINNING WITH RONALD L. FEDERAL TRADE COMMISSION BAKER AND ENDING WITH MICHAEL T. WRIGHT, WHICH EXCELLENCE IN EDUCATION FOUNDATION NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JOSHUA D. WRIGHT, OF VIRGINIA, TO BE A FEDERAL PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER STEWART M. DE SOTO, OF ILLINOIS, TO BE A MEMBER TRADE COMMISSIONER FOR THE TERM OF SEVEN YEARS 27, 2012. OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- FROM SEPTEMBER 26, 2012. ARMY NOMINATIONS BEGINNING WITH TERRY L. AN- WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION CHEMICAL SAFETY AND HAZARD INVESTIGATION DERSON AND ENDING WITH G001094, WHICH NOMINATIONS FOUNDATION FOR A TERM EXPIRING AUGUST 11, 2016. WERE RECEIVED BY THE SENATE AND APPEARED IN THE MILLENNIUM CHALLENGE CORPORATION BOARD CONGRESSIONAL RECORD ON NOVEMBER 27, 2012. BETH J. ROSENBERG, OF MASSACHUSETTS, TO BE A ARMY NOMINATIONS BEGINNING WITH JOSE L. MORTON H. HALPERIN, OF THE DISTRICT OF COLUMBIA, MEMBER OF THE CHEMICAL SAFETY AND HAZARD IN- AGUILAR AND ENDING WITH D005615, WHICH NOMINA- TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE VESTIGATION BOARD FOR A TERM OF FIVE YEARS. TIONS WERE RECEIVED BY THE SENATE AND APPEARED MILLENNIUM CHALLENGE CORPORATION FOR A TERM OF IN THE CONGRESSIONAL RECORD ON NOVEMBER 27, 2012. THREE YEARS. TENNESSEE VALLEY AUTHORITY ARMY NOMINATION OF MICHAEL D. SHORTT, TO BE NATIONAL FOUNDATION ON THE ARTS AND THE MAJOR. C. PETER MAHURIN, OF KENTUCKY, TO BE A MEMBER ARMY NOMINATION OF DELNORA L. ERICKSON, TO BE HUMANITIES OF THE BOARD OF DIRECTORS OF THE TENNESSEE VAL- LEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2016. MAJOR. MARIA LOPEZ DE LEON, OF TEXAS, TO BE A MEMBER VERA LYNN EVANS, OF TENNESSEE, TO BE A MEMBER ARMY NOMINATION OF RONALD D. LAIN, TO BE LIEU- OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM OF THE BOARD OF DIRECTORS OF THE TENNESSEE VAL- TENANT COLONEL. EXPIRING SEPTEMBER 3, 2016. LEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2017. ARMY NOMINATION OF MATTHEW J. BURINSKAS, TO BE BRUCE CARTER, OF FLORIDA, TO BE A MEMBER OF THE MICHAEL MCWHERTER, OF TENNESSEE, TO BE A MEM- COLONEL. NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING BER OF THE BOARD OF DIRECTORS OF THE TENNESSEE ARMY NOMINATION OF RONALD G. COOK, TO BE COLO- SEPTEMBER 3, 2018. NEL. VALLEY AUTHORITY FOR A TERM EXPIRING MAY 18, 2016. ARMY NOMINATION OF DAVID A. CORTESE, TO BE LIEU- UNITED STATES INSTITUTE OF PEACE JOE H. RITCH, OF ALABAMA, TO BE A MEMBER OF THE TENANT COLONEL. BOARD OF DIRECTORS OF THE TENNESSEE VALLEY AU- JOSEPH ELDRIDGE, OF THE DISTRICT OF COLUMBIA, TO ARMY NOMINATION OF CHARLES J. ROMERO, TO BE THORITY FOR A TERM EXPIRING MAY 18, 2016. BE A MEMBER OF THE BOARD OF DIRECTORS OF THE MAJOR. UNITED STATES INSTITUTE OF PEACE FOR A TERM OF ARMY NOMINATIONS BEGINNING WITH MICHAEL D. DO FOREIGN SERVICE FOUR YEARS. AND ENDING WITH GREGORY S. SEESE, WHICH NOMINA- FOREIGN SERVICE NOMINATION OF GARY T. GREENE. TIONS WERE RECEIVED BY THE SENATE AND APPEARED AMTRAK BOARD OF DIRECTORS FOREIGN SERVICE NOMINATIONS BEGINNING WITH IN THE CONGRESSIONAL RECORD ON DECEMBER 5, 2012. PHILIP S. GOLDBERG AND ENDING WITH ROBERT W. YVONNE BRATHWAITE BURKE, OF CALIFORNIA, TO BE ARMY NOMINATIONS BEGINNING WITH DEEPTI S. WEITZEL, WHICH NOMINATIONS WERE RECEIVED BY THE A DIRECTOR OF THE AMTRAK BOARD OF DIRECTORS FOR CHITNIS AND ENDING WITH GIA K. YI, WHICH NOMINA- SENATE AND APPEARED IN THE CONGRESSIONAL A TERM OF FIVE YEARS. TIONS WERE RECEIVED BY THE SENATE AND APPEARED RECORD ON NOVEMBER 13, 2012. CHRISTOPHER R. BEALL, OF OKLAHOMA, TO BE A DI- IN THE CONGRESSIONAL RECORD ON DECEMBER 10, 2012. FOREIGN SERVICE NOMINATION OF MICHAEL R. RECTOR OF THE AMTRAK BOARD OF DIRECTORS FOR A ARMY NOMINATIONS BEGINNING WITH KARIN R. HARDEGEN. TERM OF FIVE YEARS. BILYARD AND ENDING WITH BETHANY S. ZARNDT, WHICH FOREIGN SERVICE NOMINATIONS BEGINNING WITH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE COAST GUARD JAMES J. HIGGISTON AND ENDING WITH ERIC A. PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER WENBERG, WHICH NOMINATIONS WERE RECEIVED BY 10, 2012. COAST GUARD NOMINATIONS BEGINNING WITH BRIGID THE SENATE AND APPEARED IN THE CONGRESSIONAL ARMY NOMINATIONS BEGINNING WITH JAMES E. AN- M. PAVILONIS AND ENDING WITH VICTORIA C. FUTCH, RECORD ON NOVEMBER 27, 2012. DREWS II AND ENDING WITH D010617, WHICH NOMINA- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE FOREIGN SERVICE NOMINATIONS BEGINNING WITH TIONS WERE RECEIVED BY THE SENATE AND APPEARED AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- STEPHEN J. GONYEA AND ENDING WITH KATHARINE AN- IN THE CONGRESSIONAL RECORD ON DECEMBER 10, 2012. VEMBER 13, 2012. TONIA WEBER, WHICH NOMINATIONS WERE RECEIVED BY ARMY NOMINATIONS BEGINNING WITH JACOB W. COAST GUARD NOMINATIONS BEGINNING WITH BAR- THE SENATE AND APPEARED IN THE CONGRESSIONAL AARONSON AND ENDING WITH DAVID W. WOLKEN, WHICH BARA A. ANDERSON AND ENDING WITH KENNETH G. RECORD ON NOVEMBER 27, 2012. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- STEFANISIN, WHICH NOMINATIONS WERE RECEIVED BY FOREIGN SERVICE NOMINATIONS BEGINNING WITH PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER THE SENATE AND APPEARED IN THE CONGRESSIONAL DAVID E. ECKERSON AND ENDING WITH CLINTON DAVID 10, 2012. RECORD ON NOVEMBER 13, 2012. WHITE, WHICH NOMINATIONS WERE RECEIVED BY THE ARMY NOMINATIONS BEGINNING WITH SILAS C. COAST GUARD NOMINATIONS BEGINNING WITH SENATE AND APPEARED IN THE CONGRESSIONAL ABRENICA AND ENDING WITH KEVIN M. ZEEB, WHICH CHARLES G. ALCOCK AND ENDING WITH STEVEN P. RECORD ON NOVEMBER 27, 2012. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WITTROCK, WHICH NOMINATIONS WERE RECEIVED BY FOREIGN SERVICE NOMINATIONS BEGINNING WITH PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER THE SENATE AND APPEARED IN THE CONGRESSIONAL KARL MILLER ADAM AND ENDING WITH MARK K. YANG, 10, 2012. RECORD ON NOVEMBER 13, 2012. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH LOVIE L. ABRA- COAST GUARD NOMINATIONS BEGINNING WITH MAT- AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- HAM AND ENDING WITH VICKEE L. WOLCOTT, WHICH THEW P. BARKER AND ENDING WITH ANDREW J. WRIGHT, VEMBER 27, 2012. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- OFFICE OF GOVERNMENT ETHICS 10, 2012. VEMBER 13, 2012. ARMY NOMINATION OF ALFRED C. ANDERSON, TO BE COAST GUARD NOMINATIONS BEGINNING WITH CAPT. WALTER M. SHAUB, JR., OF VIRGINIA, TO BE DIRECTOR MAJOR. PETER J. BROWN AND ENDING WITH CAPT. JOSEPH M. OF THE OFFICE OF GOVERNMENT ETHICS FOR A TERM OF ARMY NOMINATION OF DEANNA R. BEECH, TO BE VOJVODICH, WHICH NOMINATIONS WERE RECEIVED BY FIVE YEARS. MAJOR. THE SENATE AND APPEARED IN THE CONGRESSIONAL DEPARTMENT OF LABOR ARMY NOMINATIONS BEGINNING WITH SHRRELL L. RECORD ON NOVEMBER 14, 2012. BYARD AND ENDING WITH SOO B. KIM, WHICH NOMINA- COAST GUARD NOMINATIONS BEGINNING WITH AUSTIN KEITH KELLY, OF MONTANA, TO BE ASSISTANT SEC- TIONS WERE RECEIVED BY THE SENATE AND APPEARED L. ADCOCK AND ENDING WITH RUSSELL R. ZUCKERMAN, RETARY OF LABOR FOR VETERANS’ EMPLOYMENT AND IN THE CONGRESSIONAL RECORD ON DECEMBER 17, 2012. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TRAINING.

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INTELLIGENCE AUTHORIZATION H.R. 1464, THE NORTH KOREA Our heartfelt condolences go to his wife ACT FOR FISCAL YEAR 2013 REFUGEE ADOPTION ACT Leypsa and the entire Groner family. f SPEECH OF HON. CHRIS VAN HOLLEN MY FAREWELL SPEECH OF MARYLAND HON. RUSH D. HOLT IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY Tuesday, January 1, 2013 HON. CLIFF STEARNS OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Mr. VAN HOLLEN. Mr. Speaker, I rise as a IN THE HOUSE OF REPRESENTATIVES Monday, December 31, 2012 cosponsor of H.R. 1464, the North Korea Ref- ugee Adoption Act, and to thank Mr. ROYCE Tuesday, January 1, 2013 Mr. HOLT. Madam Speaker, I regret that and Ranking Member BERMAN for their efforts Mr. STEARNS. Mr. Speaker, as I close my this bill, like so many of its predecessors over on this important bi-partisan bill. the past several years, does nothing to ad- 24 years in Congress I wanted to take an op- This measure was introduced to assist portunity to express my sentiments in two dress some the urgent need for real reform in North Korean children living ‘‘stateless’’ out- our intelligence community. areas; one) the continued bailouts that have side of that country who face starvation and occurred and the continued Keynesian resolu- I am particularly troubled by the failure of neglect because they are neither North Ko- tion to all our economic problems and two) rean citizens nor citizens of the country where this bill to address the deepening militarization what should be done to get our budget and they currently reside. Many of these children of the Central Intelligence Agency, a process subsequent deficits under control. have Chinese fathers and North Korean moth- that began long ago but that has accelerated With the recent bailouts in Congress Ameri- ers but are not claimed by either parent, and dramatically in the post–9/11 era. cans are wondering if Capitalism works. And being stateless, don’t have access to the re- Throughout most of its history, the CIA when is the next bust going to happen. Having sources of either country. has—at the direction of successive presi- voted against the TARP for Wall Street and dents—veered between two organizational The bill encourages the Homeland and State Departments to develop strategies to the huge Stimulus package, I am wondering paths. The first, and the proper one, is for the the same thing. Do we have to deflate our CIA to do what President Truman intended help reunite North Korean refugee children with their families or to facilitate the adoption money every time there is a crisis with the when he created it: to collect information Federal Reserve stepping in by printing huge about the world around us, synthesize and of the children by citizens of South Korea, China or other countries. In the Senate, the sums of money and transferring it to the analyze that data, and provide it to the execu- Treasury Department, they then hand it out to tive and the legislature for their information bill was amended to require the Secretary of State to designate a representative to regu- businesses that they deem important and nec- and action, as appropriate. The other path— essary? Congress has no say so in this matter the one that has caused the CIA and our Na- larly brief the Congress on U.S. efforts to ad- vocate for the best interests of North Korean once the bill is passed. There are rarely any tion so much grief—is the path of militarized safeguards with the legislation and complete covert, and not-so-covert, action. children. There are many American families who cart blanche authority is given to these two Today, it is manifested in a quasi-publicly would love to give a home to these orphans government agencies, which is down right acknowledged CIA assassination-by-drone and refugee children if they could. This bill will awful. Mr. Paulson changed his strategy from campaign on which the Administration has re- help to facilitate that process. I encourage my buying the toxic loans to bailout Wall Street fused to provide information, despite my own colleagues to join me in support of the bill. firms and banks. Then the 15 largest banks request and the request of many other House f that received this money were the same ones and Senate members for the information. In that made money off the sale on packaging of the previous decade, we saw what happened ON THE PASSING OF RABBI IRWIN these financial devices that get bail out be- when lines of responsibility and accountability GRONER cause they are considered to big to fail. Rub- for secret programs were fuzzy or not ob- bish. served. The result was a detainee and interro- HON. SANDER M. LEVIN But what is the pretext for these bailouts? It gation program that was a national embarrass- OF MICHIGAN is Keynesian economics. His mantra of ‘‘But ment morally, and an albatross politically with IN THE HOUSE OF REPRESENTATIVES we only owe it to ourselves!’’ is the password our allies around the world. The not-so-covert Tuesday, January 1, 2013 for all economic theory. We did in every major ‘‘drone wars’’ are on a similar glide path, and Mr. LEVIN. Mr. Speaker, today funeral serv- financial crisis in America and England also. this bill does nothing to provide a much-need- ices are being held at the Congregation The government becomes almighty. His ideas ed course correction for the policy. Shaarey Zedek in Southfield, Michigan for its have become the basis for socialistic govern- This state of affairs is all the more regret- beloved, esteemed Rabbi, Irwin Groner. ments around the world. To get the economy table because there are many dedicated pro- Rabbi Groner served the congregation for moving again, Keynes taught, it was the re- fessionals working in the CIA and elsewhere over 50 years. He became a continuing sponsibility of government to create full em- in our intelligence community who are forced source of wisdom and warmth of personality ployment, even if it had to borrow money and to implement these questionable programs for numerous thousands as he served in var- assume huge debt to do so. Rather than get and policies. Some would agree with me that ious positions in the Jewish community in met- rid of the problems that created the economic the entire enterprise is out of control and ropolitan Detroit and beyond. He was active in depression, greed, corruption and incom- would benefit from much more focused and ef- promoting good will among all faiths in metro- petence and then allowing the markets to work fective Congressional oversight. If this bill con- politan Detroit. and punish those folks who caused the prob- tained whistleblower protections for intel- His written works will continue to spread his lems; these folks get bailed out. Why? Be- ligence community employees, some of those words of wisdom in books of his sermons and cause of Keynesian economics and political individuals might well step forward to report his publications on Torah. Also persevering might. Those at the levers of power are gen- what they know, and what they believe needs will be the feelings of the deepest affection erally connected to Wall Street or big financial to be changed. But this bill contains no such among all of us blessed by his friendship. institutions. Again contrary to basic business protections, ensuring that the chilling threat of In his words: ‘‘Our congregation has prayed logic. job retaliation remains in place. We will not re- together, wept together, rejoiced together, Although excessive government spending store true accountability and oversight over failed together and achieved together.’’ and mounting public debt appear to provide the intelligence community until such reforms Today his congregation and all privileged to some good in the short term, but in the long are enacted, and which are absent from this know him join in tears for his passing and in term, Keynesian economics only make things bill. Accordingly, I cannot support it. prayers of gratitude for his life. worse and create grounds for the inevitable

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

VerDate Mar 15 2010 05:48 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A01JA8.001 E01JAPT1 smartinez on DSK6TPTVN1PROD with E2028 CONGRESSIONAL RECORD — Extensions of Remarks January 1, 2013 collapse of any country again. Keynes had an work. There was no constant guarantee of an The destruction of states’ rights and the cen- answer for this when he said, ‘‘In the long upward movement of the economy. He believe tralization of power unchecked in the federal term, we are all dead.’’ In all my 20 years in there needed to be a tonic, a catalyst, to get government have contributed to what is today Congress we have never seriously tried to re- the economy moving again. That tonic was called the imperial presidency. It was never in- duce debt or reduce the deficit even under planned government investment. tended the President could force through his Republican control. Yet this colossal public Did a family need that to pull themselves own legislation without Congress’s intervening debt is hurting our sovereignty and will eventu- up? No. So why would a nation. Keynes cre- and reaction. Today Congress pretty much fol- ally move us to a one-world government. Even ated a permanent condition of government lows the President’s desires almost as leader- with the TARP bailout we had to bailout Chi- borrowing and deficit spending. In fact that be- ship worship. Isn’t his job mainly to be sure nese banks including European banks. Glob- came the recommended course of action for that the law of the land is enforced and enact alism creates interdependence, which creates all nations. People must abandon the insane a legal foreign policy? And nothing else. a crisis everywhere. Is it the responsibility of idea that they can borrow their way out of The Framers of our Constitution realize how the Government to prime the economic pump? bankruptcy. important the rule of law was and knew how What is good for a family surely must be good My second reason for speaking tonight is on the English monarchs issued the courts to for a nation. What would a family do in an what is the solution to our continuing budget serve their own purposes. They also under- economic crisis? Just the opposite to what deficits. stood there could be no order without law, no Congress and the Administration did. They re- After twenty-four years I have seen it all. law without morality, and no morality without duce spending and become more productive. The fake budgets and the competing fake religion. They were not secular humanist, that They would not take on more debt. And they budgets. The President in every administration is so prevalent in our country today. The would look for other ways to not just save in which I served has not offered a real bal- President should spend more time in office money but also increase the revenue to the anced budget, which included Social Security, protecting these laws. family. Take another job or become more effi- Medicare and Medicaid. And lastly, I firmly believe we need to sun- cient and if there was incompetence or corrup- I think again we should go back to what set many if not all of the government pro- tion involved. Put those individuals in jail and Thomas Jefferson said in 1798: grams and carefully evaluate the good ones allow their businesses to go bankrupt. Do not I wish it were possible to obtain a single and consolidate programs to protect the tax- reward bad business decisions. But we have amendment to our Constitution. I would be payers from duplication and waste. Even with done just the opposite with these bailouts. willing to depend on that alone for the re- Republican revolution, we could not shut down Giving money to financial institutions that cre- duction of the administration of our govern- any government programs. In fact when I had ated the problem with no supervision or con- ment to the genuine principles of Constitu- amendments to reduce the budget by 1% trols. As the Inspector General for the Treas- tion. I mean an additional article, taking across the board, it failed. I have even tried to ury Dept. recent report has indicated. Half of from the federal government the power of reduce some programs less that 1% and borrowing. the money given out is unaccounted for and again Congress did not have the courage to there again are incidents of corruption. The We have had a war in Iraq and President even make this reduction. If Congress cannot Government spends taxpayer’s money to do Bush did not put the war effort on budget but do this, then a base-closure commission like what they think is in the best interest of those instead just offered supplemental spending we did for the military bases should be set up in power. A sad commentary. amendments to cover the cost. This could only to eliminate and reduce obsolete and unnec- So what is Keynesian economics? Simply be financed by borrowing because the tax- essary government programs. Without this said it is that the government has all the an- payers would not make the sacrifice to pay for type of action, our government continues to swers! It can create something out of nothing, the war so the cost had to be hidden. There grow and the bureaucracy will ultimately be that is, prosperity. Or said another way, the were no checks and balances here because too strong to counteract. government is the almighty. That is Keynesian the Republicans including myself voted for this Time and time again I see votes on the economics. And how do we solve the mount- spending. But debt will destroy our country. House floor that have a wonderful name to ing debt we build up to cover the deficit stim- Going back to Jefferson, he reiterated several them, such as the Habitat for Pelicans, the ulus spending? They tell us by rising popu- times that one generation cannot—either mor- Protections of Wildlife Reserve, Save Our lation and controlled inflation. But, abortion is ally or in fact—bind another. He stipulated, Water Restoration Act and so on. The pieces legal in America and therefore we cannot ‘‘No generation can contract debts greater of legislation are brought up under what is count on the rise of population. On inflation, than may be paid during the course of its own called suspension, i.e., without going through few management systems, including dictator- existence.’’ And further he said, ‘‘. . . the regular order with no ability to amend them. ships, have been able to control inflation. So earth belongs in usufruct (trust) to the living They pass overwhelmingly because members where will the money come from to pay this . . . the dead have neither powers nor rights just assume they are good. But they cost debt? To make the borrowing possible, all na- over it.’’ If one generation can charge another money and when you are operating in a deficit tions will be tied together to create a world for its debts, ‘‘then the earth would belong to mode, you cannot afford them. But they pass bank to set up an international economic con- the dead and not to the living generation.’’ Jef- anyway. struct. Keynesian economics has put this con- ferson continued, ‘‘The conclusion then is, that Let me close with what we need in all cases struct together so that in the very near future neither the representatives of a nation, nor the is wisdom, which is not specially directed to- we will have international control of our bank- whole nation itself assembled, can validly en- ward Americans but to all countries and to in- ing system. gage debts beyond what they may pay in their dividuals. There are seven demonstrations of So what is the alternative solution? Yes own time.’’ Madison did not agree and used these wisdoms, which we should remind our- there is a predictive business cycle but built the example of a large bridge. But Jefferson selves. into the economy there are factors that could argued that there could be no exception. Be- This is from Isaiah 11:1–3 and are the gifts pull an economy upward from depression and cause the power to borrow was too dangerous of the Holy Spirit. recessions. During these times, savings would to allow exceptions—any exceptions would ex- 1. Fear of the Lord rise and therefore interest rates would fall, pand to destroy the amendment. 2. Understanding making money available for industry to expand I would strongly argue that the Jefferson 3. Knowledge thereby helping to create jobs. The economy amendment is necessary and with the excep- 4. Counsel would slowly rise and with it interest rates, tion of total war, must be paid for by the 5. Strength of purpose which would cause the economy to eventually present generation and even with war the 6. Piety weaken. So the cycle would continue. Keynes present generation must make sacrifices to 7. Humility did not believe this would work and that a na- pay for the effort. These correct actions by an individual are tion would remain in a depression. He said Another lesson is to limit the power of the as important as they are for a country. Without that at the bottom of the business cycle there federal government through federalism, which these gifts, no country will last or endure. would not be enough savings to reduce inter- I mentioned earlier. This balance between the As I close my career in Congress, I want to est rates and cause the cycle to move up states, the federal government is the balance thank my family, especially my lovely wife, again. The static values of savings and invest- that was required to keep the country safe Joan, for her constant and continued support ment would not work. The business invest- from plutocracy in all its forms and in all its lo- and all my loyal supporters for their encour- ment and enterprise could not be depended to cations—banks, the military, and governments. agement and good cheer. God Bless America.

VerDate Mar 15 2010 05:48 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A01JA8.004 E01JAPT1 smartinez on DSK6TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E2029 URGING EUROPEAN UNION TO drones on high to those who we see as a record, but to remove the dark stain upon the DESIGNATE HEZBOLLAH AS A threat, for all of this—we are not safer. soul of this nation which an unjust war fixes TERRORIST ORGANIZATION We may in fact be less safe. There is plenty firmly. of evidence to suggest that Al Queda has There must be a new role for America in the SPEECH OF been strengthened by the US support for mili- world, where we can work with the community HON. DENNIS J. KUCINICH tary action in Iraq, Afghanistan, Pakistan, of nations for comprehensive international law enforcement, to assure security abroad, and OF OHIO Syria, Yemen and by extrajudicial killings protection here at home with democratic gov- IN THE HOUSE OF REPRESENTATIVES through the use of drones which are exacting a high toll on innocent civilians. ernance through strengthening our community Monday, December 31, 2012 John Quincy Adams once said America safety forces. Mr. KUCINICH. Mr. Speaker, I challenge the ‘‘goes not abroad in search of monsters to de- This is much to be preferred to the architec- wisdom of House Resolution (H. Res. 834) stroy’’. How far we have journeyed from that ture of the national security state here at which urges the governments of Europe and wise aspiration of a Founding Father? home which increasingly requires American the European Union to designate Hezbollah a To paraphrase Shakespeare’s Cassius in citizens to give up their civil liberties to terrorist organization and imposes sanctions. Julius Caesar: ‘We act as a Colossus bestride achieve a measure of security. Big Brother is This resolution could have an effect oppo- the narrow world . . . and petty men walk hard at work in America, assembling huge site to that which was intended—to strengthen under (our) huge legs.’ It is an illusion. databases of personal information, warrantless Israel. The UN Security Council Resolution Through our endless interventions, we have wiretaps, tracking phone calls, emails and 1701, which called for the end of hostilities be- lost our way in the wide world, by trying to internet searches, watching closely with new tween Hezbollah and Israel, is now being en- conquer it. We cannot conquer the world. We networks of cameras, new sophisticated drone forced by the United Nations Interim Force in cannot rule the world. We cannot be the po- technology, observing everything but the US Lebanon (UNIFIL) with the participation of Eu- liceman of the world. We cannot afford it mili- Constitution. ropean governments. There are reports that tarily, financially or spiritually. American control Our right to freedom from unreasonable Hezbollah has been cooperating with UNIFIL of the fate of others in faraway land is an ex- search and seizure has been annihilated in stabilizing south Lebanon and that the rela- pensive fantasy and can no longer be in- through the legal acrobatics of high tech- tionships developed are channels for peaceful dulged. nology. It was Benjamin Franklin who wrote ‘‘Those dialogue in the future. We will spend trillions of dollars in pursuit of Asking Europe to designate Hezbollah a ter- a war on terror, which has become like a war who give up essential liberty to purchase a lit- tle temporary safety deserve neither liberty nor rorist organization could be counter-produc- against apparitions which shift shapes, loyal- safety.’’ tive, increase dangers and lessen the effec- ties and directions, consumes lives and money What is outermost in the conduct of our for- and at the end we meet in the distorted mirror tiveness of European troops in UNIFIL. There eign affairs is a reflection of what is innermost of our fears the prophecy of Walt Kelly’s Pogo: will be adverse consequences of the resolu- in our domestic affairs. And what is innermost ‘‘We have met the enemy and he is us.’’ tion on the situation in south Lebanon. in ourselves becomes outermost in our fami- I have visited the region and have worked to The cost of the wars is a threat to our free- lies and our communities. This is the ironclad dom. The money spent for war inevitably end the conflict between Israel and Lebanon, law of reciprocity in human affairs. It is not comes from pressing domestic needs for job even as it was starting. I offered a peace plan simply ‘do unto others as you would have creation, infrastructure rebuilding, education, to try to end the war. I further visited Lebanon them do unto you’, but as you do unto others, health care, retirement security. Since 9/11 we and Israel on after the war. I visited an apart- so you do unto yourself. ment house in Qana, south Lebanon, which have let fear set our priorities and that fear It may not be possible for the US to bring had been destroyed by a bomb which killed has cost us mightily. It is worth recalling Presi- peace to anywhere except the U.S. fifty women and children. dent Eisenhower’s full warning about the un- Peace inside the United States is possible. I brought the bomb fragment back from the dermining of freedom which comes from out of Peace in our communities, our neighborhoods, site and kept it on display in my office, to- control military spending: our homes is possible. Yet the omnipresence gether with three dog tags of kidnapped Israeli ‘‘Our toil, resources and livelihood are all in- of violence in our society mirrors the violence soldiers to remind of the great human tragedy volved; so is the very structure of our society. which the United States visits on nations of the conflict, and the suffering on all sides. In the councils of government, we must guard across the globe. The passage of this bill means that Con- against the acquisition of unwarranted influ- The fate of humanity is written not large in gress must take up the responsibility of mak- ence, whether sought or unsought, by the mili- the sky, but in a cursive across the tablet of ing sure that the Lebanese army is sufficiently tary-industrial complex. The potential for the our heart. How bold we stand for peace and equipped to protect the country. disastrous rise of misplaced power exists, and love in our daily lives informs the strength of At this very moment America is roaming the will persist. We must never let the weight of the impulse of our hearts to radiate outward to world strenuously involved in promoting the this combination endanger our liberties or establish new conditions of our existence and Art of Governing. In Afghanistan, Iraq, Libya, democratic processes. We should take nothing in the lives of each person we touch. Serbia, Yemen, Pakistan, Somalia and all for granted. Only an alert and knowledgeable The peace we claim for ourselves is the points north and south, east and west, it is our citizenry can compel the proper meshing of peace we can give to others. But it requires State Department with its large plans, it is our the huge industrial and military machinery of conscious thought in every moment. Peace Central Intelligence Agency with its drone defense with our peaceful methods and goals necessarily involves a structured approach, strikes, our military by its active presence, our so that security and liberty may prosper to- within our lives, intersecting with the lives of Defense Intelligence Agency, and our military gether.’’ others. An awareness of the consequences of contractors all of whom are the instructors in- The wars have been a disaster for innocent our every action, how it affects us and how it volved in a show of unparalleled force to dis- civilians. More than one million innocent Iraqis affects others. play not only American power but to make the perished in a war based on lies, a war exe- This is not a theoretical exercise. For the case for American exceptionalism. cuted by an American president and vice past 16 years, this Congress has been my If the machinations concerning the so-called president who flat out lied to the Congress, human relations workshop in which I have fiscal cliff mean anything, they illustrate the lied to the American people, lied to the media tested ideas of conflict resolution, of standing conceit that somehow we have a right to tell and escaped responsibility and accountability for truth, of fiercely engaging in debate, of others how to govern their affairs, and use our because we just moved on. moving forthrightly into partisan debates, of military to enforce our worldview. What is our We will never recover from the tragedy negotiating around partisanship, of alignment case for democracy and cooperation else- which we wrought upon the people of Iraq, we with another person on matters of personal in- where, if we have such difficulty practicing it or will never recover from the sordid legacy of terest, of even building friendships from the demonstrating it here at home? Where, with torture, rendition, indefinite detention, we will broken pieces of partisan battles. our unemployment, mortgage foreclosures, never recover from the effects of 911 unless We are locked into a cultural matrix of think- school closings, pension fund collapses, America has a deep, searching period of Truth ing which produces violence and we are neighborhood violence, oh where is our show- and Reconciliation, where the principle deci- shocked when its heartbreaking effects case of democracy? sion-makers are required to come before a emerge. It’s ‘‘Us vs. them’’ thinking, the evo- For all of our foreign entanglements, our public tribunal to tell the truth or to face the cation of enemies, whoever they are. military occupations and preoccupations, our consequences of their perfidy. We need such On a global level, this type of thinking justi- spy-in-the-sky-surveillance, death dealing from a process not only to set straight the historical fies war and brings the slaughter of innocents.

VerDate Mar 15 2010 05:48 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A01JA8.007 E01JAPT1 smartinez on DSK6TPTVN1PROD with E2030 CONGRESSIONAL RECORD — Extensions of Remarks January 1, 2013 Nationally it sows seeds for murder. Yet, war of this legislation is clear—if you plan or par- In 1967, Dr. Nance was named the interim abroad and violence at home are not inevi- ticipate in the transportation of a minor abroad president of South Carolina State during the table. We have it within our power to recreate for so that the minor can undergo FGM, you tumultuous days of the civil rights movement. America today. Are we not the land of the will have committed a criminal act. Shortly after taking office, a protest in front of free, the home of the brave? Is there not The days of impunity for FGM are now over. the campus over a segregated bowling alley something uniquely American which gives us Girls who may feel under threat, and families turned tragic when law enforcement open fire the ability to transcend our woes and seek a and communities who seek to protect girls on the student protestors, killing three young more perfect union? Even at the darkest mo- from being transported overseas for FGM, will men and wounding nearly two dozen others. ment we Americans can stand bravely for our be able to turn to law enforcement for help. Following the tragedy, Dr. and Mrs. Nance freedoms. Mindful of our inherent unity, we Clearly, there is much more that must be formed the rock that held the campus to- must break the ‘‘US vs. them’’ mindset and done to address FGM. We need to fund cul- gether. Their strength and compassion united move beyond survival mode to security turally-appropriate outreach and education ef- the college, and ultimately, Dr. Nance was re- through cooperation. forts. We need to work with counselors, teach- warded by being named the permanent presi- Let us create an organized structured ap- ers and medical providers to ensure they dent of South Carolina State. It was a position proach to become architects of a new culture know to help prevent FGM. We need to do ev- he held for 19 years with great distinction. of peace, in our homes, our schools, our work- erything we can to empower girls. And, efforts Julie Nance continued to build on the family places. should be carried out in consultation with com- atmosphere on the Orangeburg campus. She This is what the ‘‘Dept. of Peace’’ (H.R. munities where FGM may be prevalent, many and her husband often hosted events in their 808) is about. Let us establish that America’s of whom have already stepped forward to re- home and at the president’s office, where stu- national security and peace at home includes nounce the practice of FGM. I believe that ulti- dents, faculty and staff could mingle. Julie, jobs, housing, physical and mental health mately these types of efforts are equally as known for her elegance and charm, was a tre- care, education, retirement security for all. We important as instituting a ban on FGM, and we mendous asset to her husband to whom she are, the land of the free, the home of the must work to make them a reality here in the was married for more than 50 years. During brave. Freedom and bravery, courage and de- United States. their leadership at S.C. State, the college ex- mocracy are our birthright, our inheritance, our f perienced great growth and increased its influ- destiny. ence within the community and the state. After And let us not propagate to Europe and the TRIBUTE TO MRS. JULIE ETTA Dr. Nance retired in March 1986, the couple European community the fears which have in- WASHINGTON NANCE remained two of the college’s staunchest sup- fected this county. The Scriptures bid us to porters. make peace with our brothers and sisters. HON. JAMES E. CLYBURN Mrs. Nance received numerous awards in- This is the higher calling for the United States. OF SOUTH CAROLINA cluding the Distinguished Alumna Award from This should be our new raison d’eˆtre in the IN THE HOUSE OF REPRESENTATIVES South Carolina State University and the world and at home. God Bless America. Tuesday, January 1, 2013 Sammie Davis Jr. Life Membership Achieve- f ment Award given by the NAACP, of which Mr. CLYBURN. Mr. Speaker, I rise today to she was a lifetime member. She also held life 2013 NATIONAL DEFENSE pay tribute a woman who will be forever memberships in the South Carolina State Uni- AUTHORIZATION ACT known as ‘‘the First Lady of South Carolina versity Alumni Association and Delta Sigma State College.’’ I was fortunate to know Mrs. Theta Sorority Incorporated. She was a mem- HON. JOSEPH CROWLEY Julie Etta Washington Nance since my days ber of Williams Chapel A.M.E. Church, the OF NEW YORK on the campus in the late 1950s. She passed Links, Inc. and an Emeritus member of The IN THE HOUSE OF REPRESENTATIVES away on December 30, 2012, and I know that Regional Medical Center Foundation Board. she will be sorely missed by so many who had Tuesday, January 1, 2013 In addition to being the parents of two sons, the privilege to know her. the couple was also grandparents to two Mr. CROWLEY. Mr. Speaker, I rise to sup- Julie Nance was born in 1926, the daughter granddaughters, Michelle Nelson and Kimberly port the provisions of the 2013 National De- of J. Irwin Washington, who was South Caro- Colley; three grandsons, Nicholas Nance, Mil- fense Authorization Act that ban the overseas lina State College’s business manager for 40 ligan Nance and Kevin Hunt; and four great- transport of a minor for the purposes of female years, and Julia Robinson Washington. J. I., grandchildren, Mya Nelson, Maci Nelson, genital mutilation, or FGM. as he was called, was my longtime mentor, Madison Hunt and Halie Hunt. This language mirrors the bipartisan Girls and I was honored to have a close association When Mrs. Nance departed this life, she Protection Act, legislation I authored and intro- with the Washington family throughout my life. was at home in her longtime Orangeburg resi- duced in the 111th and 112th Congresses. From the time she was born, Julie was con- dence located on the road that was ceremo- FGM is an issue that isn’t always easy to nected to South Carolina State College (now nially named in 2000 the ‘‘Dr. M. Maceo talk about, and one that has gone on for far University). She lived with her family on the Nance Jr. Highway’’ in honor of her beloved too long. According to the World Health Orga- Orangeburg campus and attended Felton Lab- husband. nization, up to 2 million girls—or 6,000 per oratory School, also located there. After grad- Mr. Speaker, I ask that you and my col- day—are threatened with FGM each year. uating from Wilkinson High School, she at- leagues join me in honoring the life and legacy Here in the United States, studies indicate that tended S.C. State and earned her Bachelor of of this remarkable woman. Mrs. Julie Etta all too many girls are under similar threat. The Science degree in elementary education in Washington Nance’s entire life was devoted to United Nations says that FGM is an ‘‘irrep- 1947. South Carolina State College (University). This arable, irreversible abuse’’ inflicted on women She briefly left Orangeburg to teach first institution, the Orangeburg community, and and girls. grade in Florence for one year, but returned to the State of South Carolina are much better I couldn’t agree more. So, when some New Orangeburg to work in the college bookstore places because of her leadership and dedica- Yorkers approached me three years ago and and to be closer to the love of her life, M. tion. told me that girls from my own city were being Maceo Nance, Jr. He had been enrolled on f transported overseas where they were forced the campus in 1942, but joined the U.S. Navy to undergo FGM, I knew we needed to take for three years during World War II. He re- HONORING WALTER E. LENCKI action. Since FGM is illegal in the United turned to campus after his military service. States, it should be illegal to transport a minor The two married in 1950, and lived with her HON. MARY BONO MACK overseas for the same purpose. parents on campus until they were able to OF CALIFORNIA This provision addresses the issue by put- build their own home next door. IN THE HOUSE OF REPRESENTATIVES ting law enforcement on the side of girls. If Dr. Nance began his 37-year career at signed into law, it will never again be accept- South Carolina State as a supply clerk. As he Tuesday, January 1, 2013 able, or legal, to transport a minor from the rose through the ranks on campus, Julie Mrs. BONO MACK. Mr. Speaker, I rise United States to another country for the pur- stayed home to raise her two sons, M. Maceo today to honor the memory of a great Amer- poses of FGM. It will also be illegal to con- Nance, III and Robert M. Nance, who would ican, my friend, Walter E. Lencki. Sadly, Walt spire to transport a minor abroad for the pur- later become the District Director for my Con- passed away on December 24 of this year at poses of FGM. In fact, if this bill is signed into gressional office where he has served continu- the age of 78. Our nation has lost a true pa- law, those actions will be a crime. The intent ously for the past 20 years. triot.

VerDate Mar 15 2010 05:48 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A01JA8.009 E01JAPT1 smartinez on DSK6TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E2031 Walt dedicated his life to service; to our I came to know Walt when he once again Oregon, near the community of Roseberg country, to his community and to the people displayed his desire to serve his military com- where he had retired, his children Denise he loved. Born January 5, 1934 and raised in rades and their families by helping to found Fejtek and her husband, Paul, Douglas Chicago, Walt attended Catholic schools and and organize the Semper Fi #1 Memorial Lencki, and Daniel Lencki and his wife, Renee upon graduating enlisted in the U.S. Marine Honor Guard at Riverside Memorial Cemetery and his grandson, Ryan and Oksana’s son, Corps. He served his nation proudly in the Ko- in Riverside, California, to honor fallen Vet- Nazar Davyda. rean conflict and earned the respect of his fel- erans who would otherwise not have received low Marines and his family. After being award- the military honors they had earned in service I extend my deepest sympathy to Oksana ed an honorary discharge from the Corps, he to our nation. Walt served as a charter mem- and the entire Lencki family and hope that joined his family in relocating to California, ber of this proud group of Marines, and again they will find comfort in the memory of the where he made his home for many years. used his expertise as a trainer to those who time they shared with this remarkable man. I also sought to join this volunteer group. ask that my colleagues join me in honoring the After working briefly in sales, Walt found his It was a great honor to support the efforts memory of this proud Marine and patriotic true calling and joined the Burbank, California, of Walt and Semper Fi #1 Memorial Honor American. His life of service and devotion to police force where he quickly rose to the rank Guard, and it was clear that Walt’s love of our nation inspired me and countless others, of homicide detective. His expertise made him country and respect for service was a driving and his legacy will live on in his beloved Ma- an invaluable instructor to police and other force behind the establishment of this out- rine Corps and his family. first responders, and he later shared his standing organization. knowledge as a teacher at several colleges in Walt is survived by his loving wife, Oksana, Thank you, Walt, for your service and California. who he married in May of 2009 in Portland, friendship.

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Highlights House concurred in the Senate amendments to H.R. 8, American Tax- payer Relief Act of 2012.

C. Peter Mahurin, of Kentucky, to be a Member Chamber Action of the Board of Directors of the Tennessee Valley Routine Proceedings, pages S8611–S8636 Authority for a term expiring May 18, 2016. (Prior Measures Passed: to this action, Committee on Environment and Pub- lic Works was discharged from further consider- Thrift Savings Fund: Committee on Homeland ation.) Pages S8626, S8633–35 Security and Governmental Affairs was discharged Edward W. Brehm, of Minnesota, to be a Member from further consideration of H.R. 4365, to amend of the Board of Directors of the African Develop- title 5, United States Code, to make clear that ac- ment Foundation for a term expiring September 22, counts in the Thrift Savings Fund are subject to cer- 2017. tain Federal tax levies. Page S8633 Michael Peter Huerta, of the District of Colum- Printing of Measures Enrolled: Senate agreed to bia, to be Administrator of the Federal Aviation Ad- H. Con. Res. 147, waiving the requirement that ministration for the term of five years. measures enrolled during the remainder of the One Patrick J. Wilkerson, of Oklahoma, to be United Hundred Twelfth Congress be printed on parchment. States Marshal for the Eastern District of Oklahoma for the term of four years. Pages S8633–34 Yvonne Brathwaite Burke, of California, to be a Nominations Confirmed: Senate confirmed the fol- Director of the Amtrak Board of Directors for a term lowing nominations: of five years. (Prior to this action, Committee on Albert G. Lauber, of the District of Columbia, to Commerce, Science, and Transportation was dis- be a Judge of the United States Tax Court for the charged from further consideration.) term of fifteen years. Pages S8626, S8631, S8634–36 Ronald Lee Buch, of Virginia, to be a Judge of Maria Rosario Jackson, of California, to be a the United States Tax Court for a term of fifteen Member of the National Council on the Arts for a years. term expiring September 3, 2016. Richard B. Berner, of Massachusetts, to be Direc- Maria Lopez De Leon, of Texas, to be a Member tor, Office of Financial Research, Department of the of the National Council on the Arts for a term ex- Treasury, for a term of six years. piring September 3, 2016. Pages S8627–28, S8634–35 Joseph Byrne Donovan, of Virginia, to be a Mem- Louise W. Kelton, of Tennessee, to be United ber of the Board of Directors of the National Insti- States Marshal for the Middle District of Tennessee tute of Building Sciences for a term expiring Sep- tember 7, 2013. for the term of four years. Bruce R. Sievers, of California, to be a Member of William P. Doyle, of Pennsylvania, to be a Fed- the National Council on the Humanities for a term eral Maritime Commissioner for the term expiring expiring January 26, 2018. June 30, 2013. Jonathan Lippman, of New York, to be a Member James M. Demers, of New Hampshire, to be a of the Board of Directors of the State Justice Insti- Member of the Board of Directors of the Overseas tute for a term expiring September 17, 2012. Private Investment Corporation for a term expiring Jonathan Lippman, of New York, to be a Member December 17, 2014. of the Board of Directors of the State Justice Insti- Naomi A. Walker, of the District of Columbia, to tute for a term expiring September 17, 2015. be a Member of the Board of Directors of the Over- Walter M. Shaub, Jr., of Virginia, to be Director seas Private Investment Corporation for a term expir- of the Office of Government Ethics for a term of five ing December 17, 2012. years. (Prior to this action, Committee on Homeland D1089

VerDate Mar 15 2010 05:58 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D01JA2.REC D01JAPT1 smartinez on DSK6TPTVN1PROD with D1090 CONGRESSIONAL RECORD — DAILY DIGEST January 1, 2013 Security and Governmental Affairs was discharged politan Washington Airports Authority for a term from further consideration.) expiring November 22, 2017. Pages S8626, S8633–34, S8636 Nina Mitchell Wells, of New Jersey, to be a Mignon L. Clyburn, of South Carolina, to be a Member of the Board of Directors of the Metropoli- Member of the Federal Communications Commission tan Washington Airports Authority for a term expir- for a term of five years from July 1, 2012. (Prior to ing May 30, 2018. this action, Committee on Commerce, Science, and Lorne W. Craner, of Virginia, to be a Member of Transportation was discharged from further consider- the Board of Directors of the Millennium Challenge ation.) Pages S8631, S8634, S8636 Corporation for a term of two years. Polly Ellen Trottenberg, of Maryland, to be Under Bruce Carter, of Florida, to be a Member of the Secretary of Transportation for Policy. (Prior to this National Council on the Arts for a term expiring action, Committee on Commerce, Science, and September 3, 2018. Transportation was discharged from further consider- Stewart M. De Soto, of Illinois, to be a Member ation.) Pages S8631, S8634, S8636 of the Board of Trustees of the Barry Goldwater David Masumoto, of California, to be a Member Scholarship and Excellence in Education Foundation of the National Council on the Arts for a term ex- for a term expiring August 11, 2016. piring September 3, 2018. Joseph Eldridge, of the District of Columbia, to Camila Ann Alire, of Colorado, to be a Member be a Member of the Board of Directors of the United of the National Council on the Humanities for a States Institute of Peace for a term of four years. term expiring January 26, 2018. George E. Moose, of Virginia, to be a Member of Ramon Saldivar, of California, to be a Member of the Board of Directors of the United States Institute the National Council on the Humanities for a term of Peace for a term of four years. expiring January 26, 2018. Keith Kelly, of Montana, to be Assistant Secretary Angela Tammy Dickinson, of Missouri, to be of Labor for Veterans’ Employment and Training. United States Attorney for the Western District of (Prior to this action, Committee on Veterans’ Affairs Missouri for the term of four years. was discharged from further consideration.) Iqbal Paroo, of Florida, to be a Member of the Pages S8626–27, S8633–36 Board of Directors of the African Development Beth J. Rosenberg, of Massachusetts, to be a Foundation for a term expiring September 22, 2017. Member of the Chemical Safety and Hazard Inves- William J. Mielke, of Wisconsin, to be a Member tigation Board for a term of five years. (Prior to this of the Advisory Board of the Saint Lawrence Seaway action, Committee on Environment and Public Development Corporation. Works was discharged from further consideration.) Arthur H. Sulzer, of Pennsylvania, to be a Mem- Pages S8633, S8636 ber of the Advisory Board of the Saint Lawrence Sea- Vera Lynn Evans, of Tennessee, to be a Member way Development Corporation. of the Board of Directors of the Tennessee Valley Joshua D. Wright, of Virginia, to be a Federal Authority for a term expiring May 18, 2017. (Prior Trade Commissioner for the term of seven years from to this action, Committee on Environment and Pub- September 26, 2012. (Prior to this action, Com- lic Works was discharged from further consider- mittee on Commerce, Science, and Transportation ation.) Pages S8633–34, S8636 was discharged from further consideration.) Michael McWherter, of Tennessee, to be a Mem- Pages S8626–27, S8631, S8633, S8635 ber of the Board of Directors of the Tennessee Valley T. Charles Cooper, of Maryland, to be an Assistant Authority for a term expiring May 18, 2016. (Prior Administrator of the United States Agency for Inter- to this action, Committee on Environment and Pub- national Development. lic Works was discharged from further consider- Mark Doms, of Maryland, to be Under Secretary ation.) Pages S8633–34, S8636 of Commerce for Economic Affairs. (Prior to this ac- Joe H. Ritch, of Alabama, to be a Member of the tion, Committee on Commerce, Science, and Trans- Board of Directors of the Tennessee Valley Authority portation was discharged from further consideration.) for a term expiring May 18, 2016. (Prior to this ac- Pages S8626, S8631, S8634–36 tion, Committee on Environment and Public Works Christopher R. Beall, of Oklahoma, to be a Direc- was discharged from further consideration.) tor of the Amtrak Board of Directors for a term of Pages S8633–34, S8636 five years. (Prior to this action, Committee on Com- Morton H. Halperin, of the District of Columbia, merce, Science, and Transportation was discharged to be a Member of the Board of Directors of the from further consideration.) Pages S8631, S8634, S8636 Millennium Challenge Corporation for a term of William Shaw McDermott, of Massachusetts, to three years. be a Member of the Board of Directors of the Metro- 63 Air Force nominations in the rank of general.

VerDate Mar 15 2010 05:58 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D01JA2.REC D01JAPT1 smartinez on DSK6TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D1091 36 Army nominations in the rank of general. Measures Placed on the Calendar: 2 Marine Corps nominations in the rank of gen- Pages S8611, S8626 eral. Enrolled Bills Presented: Page S8626 2 Navy nominations in the rank of admiral. Routine lists in the Air Force, Army, and Navy. Adjournment: Senate convened at 2 p.m. and ad- Pages S8626–28, S8633–36 journed at 5:58 p.m., until 12:00 p.m. on Wednes- Coast Guard and Coast Guard Reserve (Prior to day, January 2, 2013. (For Senate’s program, see the this action, Committee on Commerce, Science, and remarks of the Majority Leader in today’s Record on Transportation was discharged from further consider- page S8634.) ation.) Page S8634 Foreign Service (Prior to this action, Committee on Foreign Relations was discharged from further Committee Meetings consideration.) Pages S8628, S8634 (Committees not listed did not meet) Messages from the House: Page S8625 Measures Referred: Page S8625 No committee meetings were held. h House of Representatives Waiving the Requirement That Measures En- Chamber Action rolled During the Remainder of the One Hun- Public Bills and Resolutions Introduced: 4 public dred Twelfth Congress be Printed on Parch- bills, H.R. 6726–6729 and 1 resolution, H. Con. ment: The House agreed to H. Con. Res. 147, to Res. 147 were introduced. Page H7565 waive the requirement that measures enrolled during Additional Cosponsors: Page H7566 the remainder of the One Hundred Twelfth Congress be printed on parchment. Page H7521 Reports Filed: Reports were filed today as follows: Activities of the House Committee on Oversight Suspensions: The House agreed to suspend the rules and Government Reform, One Hundred and Twelfth and pass the following measures: Congress, Second Session (H. Rept. 112–740) and Preventing the 2013 Pay Adjustment for Mem- H. Res. 844, providing for consideration of the bers of Congress and Persons Holding Other Offices Senate amendments to the bill (H.R. 8) to extend or Positions in the Federal Government From certain tax relief provisions enacted in 2001 and Being Made: H.R. 6726, to prevent the 2013 pay 2003, and to provide for expedited consideration of adjustment for Members of Congress and persons a bill providing for comprehensive tax reform, and holding other offices or positions in the Federal Gov- 2 for other purposes (H. Rept. 112–741). Page H7565 ernment from being made, by a ⁄3 yea-and-nay vote Speaker: Read a letter from the Speaker wherein he of 287 yeas to 129 nays, Roll No. 655; appointed Representative Dold to act as Speaker pro Pages H7521–27, H7529 tempore for today. Page H7517 Lieutenant Ryan Patrick Jones Post Office Des- ignation Act: S. 3662, to designate the facility of North Korean Refugee Adoption Act of 2012: the United States Postal Service located at 6 Nichols The House agreed to take from the Speaker’s table Street in Westminster, Massachusetts, as the ‘‘Lieu- and concur in the Senate amendments to H.R. 1464, tenant Ryan Patrick Jones Post Office Building’’; to develop a strategy for assisting stateless children and Pages H7527–28 from North Korea. Pages H7520–21 Agreed to amend the title so as to read: ‘‘To ex- Captain Rhett W. Schiller Post Office Designa- press the sense of Congress regarding North Korean tion Act: S. 3630, to designate the facility of the children and children of one North Korean parent United States Postal Service located at 218 North and to require the Department of State regularly to Milwaukee Street in Waterford, Wisconsin, as the brief appropriate congressional committees on efforts ‘‘Captain Rhett W. Schiller Post Office’’. Page H7528 to advocate for and develop a strategy to provide as- Making a Technical Correction to the Flood Dis- sistance in the best interest of these children.’’. aster Protection Act of 1973: The House agreed to Page H7521 discharge from committee and pass S. 3677, to make

VerDate Mar 15 2010 05:58 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D01JA2.REC D01JAPT1 smartinez on DSK6TPTVN1PROD with D1092 CONGRESSIONAL RECORD — DAILY DIGEST January 1, 2013 a technical correction to the Flood Disaster Protec- Drywall Safety Act of 2012: Concur in the Sen- tion Act of 1973. Pages H7528–29 ate amendment to H.R. 4212, to prevent the intro- Recess: The House recessed at 1:23 p.m. and recon- duction into commerce of unsafe drywall, to ensure vened at 6:30 p.m. Page H7529 the manufacturer of drywall is readily identifiable, and to ensure that problematic drywall removed Suspensions—Proceedings Resumed: The House from homes is not reused, by a 2⁄3 recorded vote of agreed to suspend the rules and pass the following 378 ayes to 37 noes, Roll No. 657; Pages H7530–31 measures which were debated yesterday, December 31, 2012: Granting the Consent of Congress to the State and Province Emergency Management Assistance Providing for the Conveyance of Certain Prop- Memorandum of Understanding: S.J. Res. 44, to erty from the United States to the Maniilaq Asso- grant the consent of Congress to the State and Prov- ciation located in Kotzebue, Alaska: Concur in the ince Emergency Management Assistance Memo- Senate amendment to H.R. 443, to provide for the randum of Understanding; Page H7559 conveyance of certain property from the United States to the Maniilaq Association located in Clothe a Homeless Hero Act: Concur in the Sen- ate amendment to H.R. 6328, to amend title 49, Kotzebue, Alaska, by a 2⁄3 yea-and-nay vote of 410 United States Code, to direct the Assistant Secretary yeas to 5 nays, Roll No. 656; Page H7530 of Homeland Security (Transportation Security Ad- Investigative Assistance for Violent Crimes Act ministration) to transfer unclaimed clothing recov- of 2012: Concur in the Senate amendment to H.R. ered at airport security checkpoints to local veterans 2076, to amend title 28, United States Code, to organizations and other local charitable organiza- clarify the statutory authority for the longstanding tions; Page H7559 practice of the Department of Justice of providing investigatory assistance on request of State and local Uninterrupted Scholars Act: S. 3472, to amend authorities with respect to certain serious violent the Family Educational Rights and Privacy Act of 1974 to provide improvements to such Act; crimes; Page H7560 Page H7559 Calling for Universal Condemnation of the North Korean Missile Launch of December 12, Foreign and Economic Espionage Penalty En- 2012: H. Con. Res. 145, amended, to call for uni- hancement Act of 2012: Concur in the Senate versal condemnation of the North Korean missile amendment to H.R. 6029, to amend title 18, United States Code, to provide for increased pen- launch of December 12, 2012; Page H7560 alties for foreign and economic espionage; Page H7559 Condemning the Government of Iran for its State-Sponsored Persecution of its Baha’i Minority Correcting and Improving Certain Provisions of and Its Continued Violation of the International the Leahy-Smith America Invents Act and Title 35, United States Code: Concur in the Senate Covenants on Human Rights: H. Res. 134, amend- amendment to H.R. 6621, to correct and improve ed, to condemn the Government of Iran for its state- certain provisions of the Leahy-Smith America In- sponsored persecution of its Baha’i minority and its vents Act and title 35, United States Code; continued violation of the International Covenants Page H7559 on Human Rights; and Page H7560 Intercountry Adoption Universal Accreditation Urging the Governments of Europe and the Eu- Act of 2012: S. 3331, to provide for universal inter- ropean Union To Designate Hizballah as a Ter- country adoption accreditation standards; and rorist Organization and Impose Sanctions: H. Res. 834, to urge the governments of Europe and the Eu- Page H7559 ropean Union to designate Hizballah as a terrorist Department of State Rewards Program Update organization and impose sanctions, and to urge the and Technical Corrections Act of 2012: S. 2318, to President to provide information about Hizballah to authorize the Secretary of State to pay a reward to the European allies of the United States and to sup- combat transnational organized crime and for infor- port the Government of Bulgaria in investigating mation concerning foreign nationals wanted by inter- the July 18, 2012, terrorist attack in Burgas. national criminal tribunals. Pages H7559–60 Page H7560 Recess: The House recessed at 7:15 p.m. and recon- Suspensions—Proceedings Resumed: The House vened at 8:39 p.m. Page H7531 agreed to suspend the rules and pass the following American Taxpayer Relief Act of 2012: The measures which were debated on Sunday, December House concurred in the Senate amendments to H.R. 30, 2012: 8, to extend certain tax relief provisions enacted in

VerDate Mar 15 2010 05:58 Jan 02, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D01JA2.REC D01JAPT1 smartinez on DSK6TPTVN1PROD with January 1, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D1093 2001 and 2003 and to provide for expedited consid- Act of 2012 (American Taxpayer Relief Act of eration of a bill providing for comprehensive tax re- 2012). The Committee granted, by voice vote, a rule form, by a recorded vote of 257 yeas to 167 nays, providing for the consideration of the Senate amend- Roll No. 659. Pages H7531–59 ments to H.R. 8. The rule makes in order a motion H. Res. 844, the rule providing for consideration offered by the chair of the Committee on Ways and of the Senate amendments, was agreed to by a yea- Means or his designee that the House concur in the and-nay vote of 408 yeas to 10 nays, Roll No. 658, Senate amendments to H.R. 8. The rule waives all after the previous question was ordered without ob- points of order against consideration of the motion jection. Pages H7531–36 and the Senate amendments. The rule provides that Senate Messages: Message received from the Senate the Senate amendments and the motion shall be con- today and a message received from the Senate by the sidered as read. The rule provides one hour of debate Clerk and subsequently presented to the House on the motion equally divided and controlled by the today appear on pages H7517, and H7531. chair and ranking minority member of the Com- mittee on Ways and Means. The rule provides that Senate Referral: S. 302 was held at the desk. the previous question shall be considered as ordered Quorum Calls—Votes: Three yea-and-nay votes on the motion to its adoption without intervening and two recorded votes developed during the pro- motion or demand for division of the question. ceedings of today and appear on pages H7529, H7530, H7530–31, H7535–36, H7558–59. There Joint Meetings were no quorum calls. No joint committee meetings were held. Adjournment: The House met at 12 noon and ad- f journed at 11:58 p.m. COMMITTEE MEETINGS FOR WEDNESDAY, Committee Meeting JANUARY 2, 2013 JOB PROTECTION AND RECESSION (Committee meetings are open unless otherwise indicated) PREVENTION ACT OF 2012—CONCUR IN Senate SENATE AMENDMENTS No meetings/hearings scheduled. Committee on Rules: Full Committee held a hearing on a motion to concur in the Senate Amendments to House H.R. 8, the Job Protection and Recession Prevention No meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 p.m., Wednesday, January 2 10 a.m., Wednesday, January 2

Senate Chamber House Chamber Program for Wednesday: Senate will be in a period of Program for Wednesday: To be announced. morning business until 1:30 p.m.

Extensions of Remarks, as inserted in the issue

HOUSE

Bono Mack, Mary, Calif., E2030 Clyburn, James E., S.C., E2030 Crowley, Joseph, N.Y., E2030 Holt, Rush D., N.J., E2027 Kucinich, Dennis J., Ohio, E2029 Levin, Sander M., Mich., E2027 Stearns, Cliff, Fla., E2027 Van Hollen, Chris, Md., E2027

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