[Congressional Record (Bound Edition), Volume 158 (2012), Part 13]
[Senate]
[Pages 18283-18288]
[From the U.S. Government Publishing Office, www.gpo.gov]




                DEPARTMENT OF DEFENSE APPROPRIATIONS ACT

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of H.R. 1, which the clerk will now report by 
title.
  The assistant bill clerk read as follows:

       A bill (H.R. 1) making appropriations for the Department of 
     Defense and the other departments and agencies of the 
     Government for the fiscal year ending September 30, 2011, and 
     for other purposes.

  Pending:

       Reid amendment No. 3395, in the nature of a substitute.
       Coats/Alexander amendment No. 3391 (to amendment No. 3395), 
     in the nature of a substitute.
       Cardin/Landrieu amendment No. 3393 (to amendment No. 3395), 
     of a perfecting nature.
       Tester amendment No. 3350 (to amendment No. 3395), to 
     provide additional funds for wild land fire management.
       Landrieu amendment No. 3415 (to amendment No. 3395), to 
     clarify the provision relating to emergency protective 
     measures.
       Coburn amendment No. 3369 (to amendment No. 3395), to 
     reduce the amount that triggers the requirement to notify 
     Congress of the recipients of certain grants and to require 
     publication of the notice.
       Coburn/McCain amendment No. 3371 (to amendment No. 3395), 
     to ensure that Federal disaster assistance is available for 
     the most severe disasters.
       Coburn amendment No. 3382 (to amendment No. 3395), to 
     require merit-based and competitive awards of disaster 
     recovery contracts.
       Coburn amendment No. 3383 (to amendment No. 3395), to 
     strike a provision relating to certain studies of the Corps 
     of Engineers.
       Coburn/McCain amendment No. 3368 (to amendment No. 3395), 
     to clarify cost-sharing requirements for certain Corps of 
     Engineers activities.
       Division I of Coburn/McCain modified amendment No. 3370 (to 
     amendment No. 3395), to ensure funding for victims of 
     Hurricane Sandy is not spent on tax cheats, deceased 
     individuals, or fisheries outside of the affected area.
       Division II of Coburn/McCain modified amendment No. 3370 
     (to amendment No. 3395), to ensure funding for victims of 
     Hurricane Sandy is not spent on tax cheats, deceased 
     individuals, or fisheries outside of the affected area.
       Merkley further modified amendment No. 3367 (to amendment 
     No. 3395), to extend certain supplemental agricultural 
     disaster assistance programs.
       Mikulski (for Leahy) amendment No. 3403 (to amendment No. 
     3395), to provide authority to transfer previously 
     appropriated funds to increase security at U.S. Embassies and 
     other overseas posts.
       Mikulski (for Harkin) amendment No. 3426 (to amendment No. 
     3395), of a perfecting nature.


                           Amendment No. 3393

  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate equally divided prior to a vote in relation to 
amendment No. 3393, offered by the Senator from Maryland, Mr. Cardin.
  The Senator from Maryland.


          Amendments Nos. 3348 and 3421, as Modified, En Bloc

  Ms. MIKULSKI. Madam President, it is my understanding that we will be 
able to adopt a number of amendments by voice vote. In order to do 
that, I will call up a few more amendments now en bloc before a voice 
vote on the amendments.
  I ask unanimous consent to call up the following amendments en bloc: 
Grassley No. 3348 and Feinstein No. 3421, as amended.
  The PRESIDING OFFICER. Is there objection? Without objection, the 
clerk will report the amendments by number.
  The assistant bill clerk read as follows:

       The Senator from Maryland [Ms. Mikulski] proposes 
     amendments numbered 3348 and 3421, as modified, en bloc.

  Ms. MIKULSKI. Madam President, I ask unanimous consent that the 
reading be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments are as follows:

 (Purpose: To shift vehicles used for non-operational purposes by the 
   Department of Justice and Department of Homeland Security in the 
 District of Columbia to replace vehicles of those agencies damaged by 
                            Hurricane Sandy)

       At the appropriate place, insert the following:

     SEC. __. VEHICLES USE IN THE WAKE OF HURRICANE SANDY.

       (a) Report.--Not later than 7 days after the date of 
     enactment of this Act, the Department of Justice and 
     Department of Homeland Security shall identify and relocate 
     any vehicles currently based at the Washington, D.C., 
     headquarters of such agencies used for non-operational 
     purposes to replace vehicles of those agencies damaged by 
     Hurricane Sandy. The Department of Justice and Department of 
     Homeland Security shall provide copies of a report 
     summarizing the actions taken to carry out this subsection to 
     the House and Senate Committees on Appropriations and 
     Judiciary.
       (b) Funding Limitation.--No funds provided by this Act 
     shall be used to purchase, repair, or replace any Department 
     of Justice or Department of Homeland security vehicle until 
     after the report required by subsection (a) has been provided 
     to Congress.


                    amendment no. 3421, as modified

       On Page 16, strike lines 17 through 20, and insert in lieu 
     thereof:
       ``Provided further, That these funds may be used to 
     construct any project that is currently under study by the 
     Corps for reducing flooding and storm damage risks in areas 
     along the Atlantic coast within the North Atlantic or the 
     Gulf Coast within the Mississippi Valley Divisions of the 
     U.S. Army Corps of Engineers that suffered direct surge 
     inundation impacts and significant monetary damages from 
     Hurricanes Isaac or sandy if the study demonstrates that the 
     project will cost-effectively reduce those risks and is 
     environmentally acceptable and technically feasible: 
     Provided''.


Amendments Nos. 3393, 3348, 3421, as Modified, 3426, 3415, 3403, 3369, 
                     and Division I of 3370 En Bloc

  Ms. MIKULSKI. Madam President, I ask unanimous consent that we 
proceed to vote on the following amendments en bloc: Cardin No. 3393; 
Grassley No. 3348; Feinstein No. 3421, as modified; Harkin No. 3426; 
Landrieu No. 3415; Leahy No. 3403; Coburn No. 3369; and division I of 
Coburn No. 3370.
  Mr. COCHRAN. Madam President, these amendments have been cleared by 
the managers on this side. I know of no objections to their adoption.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
amendments will be considered en bloc.
  Mr. GRASSLEY. Madam President, amendment No. 3348 is about smart 
government. It is about ensuring that taxpayer dollars are spent 
wisely, while at the same time guaranteeing that Federal law 
enforcement agencies that face challenges following Hurricane Sandy 
have the resources they need to get the job done.
  Instead of simply providing funding, my amendment requires that 
within 7 days, the Department of Justice and Department of Homeland 
Security identify and relocate vehicles based at the Washington, D.C. 
headquarters of DOJ and DHS that are used for non-operational purposes.
  The vehicles identified will then be used to replace those damaged by 
Hurricane Sandy that are used by the FBI, DEA, ATF, ICE, and Secret 
Service.
  This is a good government amendment and one that actually achieves 
the goal of replacing operational vehicles used by Federal law 
enforcement faster than the underlying bill.
  If this is an emergency, as we have been told, these agencies can 
spare some of the hundreds of vehicles they have sitting at their 
headquarters that they currently have for non-operational purposes.
  I urge my colleagues to support my commonsense, good government 
amendment.
  If there is no further debate, the question is on agreeing to the 
amendments en bloc.
  The amendments were agreed to.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. Madam President, it is my understanding the Senator 
from Arizona, Mr. McCain, no longer wishes to offer amendment No. 3384. 
Senator Bingaman of New Mexico is in line to offer the next amendment 
in order under the agreement, and I see he is here now to call up his 
amendment.
  Now we will proceed to debating amendments where there was more 
extensive time asked. But I ask Members not to leave the Chamber. These 
are 4 minutes of debate, 10 minutes of debate. If we all stick 
together, for a change, we can all move this bill in a way we can be 
proud of.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico.


                           Amendment No. 3344

  Mr. BINGAMAN. Madam President, I thank the managers of the bill, the 
chairman of the Appropriations Committee, and I call up amendment No. 
3344.

[[Page 18284]]

  The PRESIDING OFFICER. Without objection, the clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from New Mexico [Mr. Bingaman], for himself, 
     Mr. Webb, and Mr. Wyden, proposes an amendment numbered 3344.

  Mr. BINGAMAN. Madam President, I ask unanimous consent that further 
reading be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

   (Purpose: To provide for the approval of an agreement between the 
 United States and the Republic of Palau in response to Super Typhoon 
                                 Bopha)

       At the appropriate place, insert the following:

     SEC. __. APPROVAL OF THE 2010 U.S.-PALAU AGREEMENT IN 
                   RESPONSE TO SUPER TYPHOON BOPHA.

       (a) In General.--The agreement entitled ``The Agreement 
     Between the Government of the United States of America and 
     the Government of the Republic of Palau Following the Compact 
     of Free Association Section 432 Review'' signed on September 
     3, 2010 (including the appendices to the agreement) (referred 
     to in this section as the ``Agreement'') is approved (other 
     than Article 7 to the extent it extends Article X of the 
     Federal Programs and Services Agreement) and may only enter 
     into force after the Secretary of State, in coordination with 
     the Secretary of the Interior, enters into an implementing 
     arrangement with the Republic of Palau that makes the 
     adjustments to dates and amounts as set forth in Senate 
     Amendment 3331.
       (b) Amendment.--Section 105(f)(1)(B)(ix) of the Compact of 
     Free Association Amendments Act of 2003 (48 U.S. C. 
     1921d(f)(1)(B)(ix)) is amended by striking ``2009'' and 
     inserting ``2024''.
       (c) Funding.--
       (1) In general.--There are appropriated to the Secretary of 
     the Interior such sums as are specified to carry out sections 
     1, 2(a), 4(a), and 5 of the Agreement for each of fiscal 
     years 2014 through 2024.
       (2) Availability.--Amounts appropriated under paragraph (1) 
     shall remain available until expended.
       (3) Emergency designation.--Amounts appropriated under 
     paragraph (1) are designated by Congress as being for an 
     emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 
     U.S.C. 933(g)).

  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate, equally divided, prior to a vote in relation to 
amendment No. 3344 offered by the Senator from New Mexico, Mr. 
Bingaman.
  Mr. BINGAMAN. Madam President, as Hurricane Sandy was bearing down on 
our own east coast, causing tremendous damage, a supertyphoon named 
Bopha was also striking the small Asian Pacific nation of Palau. The 
U.S. Embassy in Palau issued a declaration on December 5.
  In response to this emergency, Palau has asked that the assistance 
agreement signed by the United States in 2010 be approved so the funds 
already agreed to can become available for disaster recovery.
  Palau is a strategic ally of ours in the western Pacific near Guam, 
the Philippines, and Indonesia. Last year, our own Defense Department 
wrote:

       Failure to follow through on our commitments to Palau, as 
     reflected in the proposed (Agreement), would jeopardize our 
     defense posture in the Western Pacific.

  It is important the United States demonstrate its reliability as a 
strategic partner in the Pacific by approving the 2010 agreement with 
Palau and meeting our commitments.
  I urge my colleagues to support the amendment.
  The PRESIDING OFFICER. Who yields time in opposition?
  Mr. BINGAMAN. Madam President, I am happy to see the matter dealt 
with, with a voice vote.
  Ms. MIKULSKI. I urge the amendment be adopted by voice vote.
  Ms. LANDRIEU. Seconded.
  Mr. COCHRAN. Madam President, I object.
  Mr. SESSIONS. Madam President, I object to the voice vote and ask for 
the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  The yeas and nays were ordered.
  Mr. SESSIONS. Madam President, I ask for time to speak on this point.
  The PRESIDING OFFICER. There is 30 seconds remaining in opposition.
  Mr. SESSIONS. Madam President, this is the result of a compact that, 
to my knowledge, has not been brought before the Foreign Relations 
Committee. It commits us to direct spending permanently for 
entitlement-type spending that I do believe needs more careful review.
  The PRESIDING OFFICER. All time has expired.
  The question is on agreeing to the amendment. The yeas and nays were 
previously ordered.
  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from New Jersey (Mr. Lautenberg), and the Senator from 
Virginia (Mr. Warner) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from South Carolina (Mr. DeMint) and the Senator from Illinois (Mr. 
Kirk).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 52, nays 43, as follows:

                      [Rollcall Vote No. 237 Leg.]

                                YEAS--52

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Harkin
     Heller
     Johanns
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     McCain
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Webb
     Whitehouse
     Wyden

                                NAYS--43

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Brown (MA)
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Corker
     Cornyn
     Crapo
     Enzi
     Graham
     Grassley
     Hagan
     Hatch
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johnson (WI)
     Kyl
     Lee
     Lugar
     Manchin
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Snowe
     Thune
     Toomey
     Vitter
     Wicker

                             NOT VOTING--5

     Boxer
     DeMint
     Kirk
     Lautenberg
     Warner
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for the adoption of this amendment, the amendment is rejected.
  Under the previous order, there will be 4 minutes of debate equally 
divided prior to a vote in relation to amendment No. 3368.
  The Senator from Maryland.
  Ms. MIKULSKI. Madam President, the Senator from Oklahoma, Mr. Coburn, 
has asked that he have a chance to get his own paperwork together 
because he has extensive remarks. I am going to ask unanimous consent 
that the Coburn amendments be temporarily laid aside until he is able 
to return to the floor, and we will move to Tester and then return to 
Coburn. I believe the minority concurs, before I make my request?
  Mr. COCHRAN. Madam President, we have no objection to the request of 
the Senator.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. MIKULSKI. Madam President, I ask unanimous consent that Coburn 
amendments Nos. 3368, 3370, 3371, and 3382 be temporarily laid aside 
and that the Senate proceed to Tester amendment No. 3350.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. MIKULSKI. I thank the Chair.


                           Amendment No. 3350

  The PRESIDING OFFICER. There will be 2 minutes of debate equally 
divided.
  The Senator from Montana.
  Mr. TESTER. Madam President, this amendment, No. 3350, is to provide 
additional funds for wild land fire management. The summer of 2012 was 
a bad fire year, the third worst on record--9.2 million acres were 
burned. The drought has continued to persist. Projections for 2013 as a 
fire season will be even worse. The Forest Service budget--

[[Page 18285]]

when there are bad fire years, they have to rob from other accounts. 
That was the case this year, with a shortfall of $653 million. This 
amendment closes that gap and gives the Forest Service the resources 
for the upcoming fire season, which is due to be a bad one.
  The amendment also requires the GAO to recommend alternative new 
models to better reflect the costs associated with wild land fires 
because they have been underfunded so much in the past. This will 
establish a better model and reduce the need for supplemental funding 
in this account in the future.
  Here is the scoop, folks: The damage done by fires, particularly in 
the West, was extensive and is an emergency. The Forest Service can 
continue to rob money from other accounts to fight these fires which 
ends up in poor forest management and even bigger fires.
  I encourage everyone's concurrence in this amendment.
  The PRESIDING OFFICER. Who yields time?
  The Senator from Alabama.
  Mr. SESSIONS. Mr. President, I appreciate Senator Tester's energy on 
this issue and desire to move forward with it. We do have a process for 
this kind of funding to occur. He would add $653 million in prospective 
wildlife mitigation spending and declare that as an emergency. This 
spending is better if handled through the regular appropriations 
process. It is actually moving forward faster. He is trying to make 
sure this money is set aside. This is not the time to do it, but I 
appreciate his interest.
  I raise a budget point of order pursuant to section 314(e)(1) of the 
Congressional Budget Act. I raise a point of order against the 
emergency designation provisions contained in amendment No. 3350 to 
amendment No. 3395, the substitute amendment to H.R. 1, the vehicle for 
the Supplemental Appropriations Act.
  I appreciate the Senator's efforts but do not believe this is the 
appropriate process at this time.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. TESTER. Madam President, pursuant to section 904 of the 
Congressional Budget Act of 1974, I move to waive all applicable 
sections of that act for purposes of the pending measure.
  I ask for the yeas and nays.
  The PRESIDING OFFICER (Mr. Coons). Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from New Jersey (Mr. Lautenberg), and the Senator from 
Virginia (Mr. Warner) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Illinois (Mr. Kirk) and the Senator from South Carolina (Mr. 
DeMint).
  The PRESIDING OFFICER (Mr. Manchin). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 51, nays 44, as follows:

                      [Rollcall Vote No. 238 Leg.]

                                YEAS--51

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Brown (OH)
     Cantwell
     Cardin
     Casey
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Heller
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Webb
     Whitehouse
     Wyden

                                NAYS--44

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Brown (MA)
     Burr
     Carper
     Chambliss
     Coats
     Coburn
     Cochran
     Corker
     Cornyn
     Crapo
     Enzi
     Graham
     Grassley
     Hatch
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     Lugar
     McCain
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Snowe
     Thune
     Toomey
     Vitter
     Wicker

                             NOT VOTING--5

     Boxer
     DeMint
     Kirk
     Lautenberg
     Warner
  The PRESIDING OFFICER. On this vote, the yeas are 51, the nays are 
44. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected.
  The point of order is sustained and the emergency designation is 
removed.
  The Senator from Montana.


                      Amendment No. 3350 Withdrawn

  Mr. TESTER. Mr. President, it is unfortunate that we couldn't sustain 
this budget point of order because it truly is an emergency situation, 
particularly in the West. We have seen the number of fires we have had. 
Without the emergency designation, it does some bad things to our 
budget next year.
  With that, I ask unanimous consent to withdraw this amendment.
  The PRESIDING OFFICER. Is there objection?
  Without objection, the amendment No. 3350 is withdrawn.
  The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, I ask unanimous consent to speak for 1 
minute on the Tester amendment withdrawal.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Ms. MIKULSKI. Mr. President, I thank the Senator from Montana for 
withdrawing his amendment.
  We are mindful of the issue of fires facing western Senators. We look 
forward to working with Senator Tester and other colleagues affected to 
really deal with this problem in a sensible way that meets the needs of 
local communities and our serious budgetary constraints.
  Mr. President, I also urge a return to regular order and ask that we 
move our amendments as expeditiously as we can and stick to 15-minute 
votes so we can get as much done as we can before we adjourn for lunch 
and visits to the White House. I wish to thank the minority for their 
excellent cooperation in doing what we have done already.


                           Amendment No. 3368

  The PRESIDING OFFICER. Under the previous order, there will be 4 
minutes of debate equally divided prior to a vote in relation to 
amendment No. 3368, offered by the Senator from Oklahoma.
  The Senator from Oklahoma is recognized.
  Mr. COBURN. Mr. President, the Sandy supplemental appropriations bill 
provides $3.5 billion in funding for new construction projects through 
the Corps of Engineers. Part of that $3 billion is toward reducing 
future flood risk--not repairing present but reducing future.
  I talked to CRS this morning after listening to my colleague from New 
York. Over the last 25 years, the average participation rate was 35 
percent-65 percent. No exceptions for future mitigation risks were made 
during Katrina. It was not 100 percent. It was not 90 percent.
  All this does is restore it back to what we have had traditionally. 
We know projects that shouldn't get funded won't get funded when we 
have this kind of ratio.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. Who yields time in opposition?
  The Senator from New York.
  Mr. SCHUMER. Mr. President, this amendment, if passed, would not 
allow the Sandy States or future States to protect themselves against 
future disasters. Now, my colleague draws a very clear line between 
present rebuilding and protection for the future. If a dune is wiped 
out in Long Beach and they think it ought to be rebuilt at 7 feet 
rather than at 5 feet because 5 feet wouldn't be good enough, we come 
to the irrational conclusion that we will pay for the 5 feet and not 
the 7 feet. It makes no sense.
  Most of the cost of rebuilding is to restore, but if there is an 
extra amount needed to prevent damage from a future hurricane and it is 
the same type of project, fine.
  We have a couple of piers that actually protected the houses in the 
Rockaways, but they didn't build enough of them--not piers, jetties. 
Now, under my colleague's proposal, we

[[Page 18286]]

could rebuild those jetties because some of them were destroyed, but we 
couldn't build new ones to protect the other land there except at this 
65-percent level.
  I can tell my colleagues that most of New York and New Jersey are 
dotted with little localities, and the cost of these projects is so 
expensive, if we say 35 percent, they won't get built, period. We will 
have no protection, and we will be back here sure enough when another 
storm occurs.
  Furthermore, it is not true--Katrina Army Corps projects were funded 
at 100 percent. They did not call them. We didn't draw this new line 
between mitigation or rebuilding to protect and building for the old. 
They were lumped together. But the overwhelming majority of Army Corps 
projects for Katrina, as both of my colleagues from Louisiana can tell 
us, were 100 percent.
  The PRESIDING OFFICER. The time of the Senator has expired.
  The Senator from Oklahoma.
  Mr. COBURN. It doesn't mean they won't get rebuilt; it means that 
portion of the increase will be a contribution rate of 35 percent. We 
are going to do a complete restoration of what was there. The 
differential is and what we know from history, when this was put in, is 
it keeps projects that don't benefit from being built. The claim of the 
Senator from New York that they won't get built is just untrue. 
Everything is going to be restored, but new mitigation projects should 
have a cost share so we don't do frivolous mitigation projects.
  So I would insist on the yeas and nays on this amendment, and I ask 
for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the amendment.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from New Jersey (Mr. Lautenberg), and the Senator from 
Virginia (Mr. Warner) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from South Carolina (Mr. DeMint) and the Senator from Illinois (Mr. 
Kirk).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 44, nays 51, as follows:

                      [Rollcall Vote No. 239 Leg.]

                                YEAS--44

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Brown (MA)
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Corker
     Cornyn
     Crapo
     Enzi
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     Lugar
     McCain
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Snowe
     Thune
     Toomey
     Wicker

                                NAYS--51

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Vitter
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--5

     Boxer
     DeMint
     Kirk
     Lautenberg
     Warner
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for the adoption of this amendment, the amendment is rejected.


                           Amendment No. 3370

  The PRESIDING OFFICER. Under the previous order, there will be 4 
minutes of debate, equally divided, prior to a vote in relation to 
amendment No. 3370, division II, offered by the Senator from Oklahoma.
  Mr. COBURN. Mr. President, I have no doubt there was significant 
damage in the past of fisheries both on the west coast, Alaska, and on 
the east coast. But a large portion of this money in this bill is not 
for fisheries but for research. This should not be, in fact, in an 
emergency supplemental bill.
  So all this amendment does is say that fisheries reparations inside 
50 miles of Sandy qualifies for this money, outside of 50 miles does 
not. The regular process of going through the appropriations process, 
making appropriate judgments about priorities is what we need to be 
doing, just like the point of order that was made on firefighting.
  I would suggest we eliminate this portion of it or at least limit it 
to Sandy and not other areas. With that, I yield back the remainder of 
my time.
  The PRESIDING OFFICER. The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, first, I would like to bring something 
to the attention of the Senator from Oklahoma. First, the Senator got a 
decimal point wrong. I feel amused correcting the Senator from Oklahoma 
on numbers. But if we read his amendment, it is .50, which makes it 
half a mile rather than 50 miles. So that is 49.5 off. But before the 
Senator asks consent to correct that, whether it is half a mile or 50 
miles, I oppose the Senator's amendment because this amendment tries to 
steer fisheries disaster funding for communities only affected by 
citing the Stafford Act.
  Limiting it to half a mile or 50 miles, fish swim big distances, as 
do crabs, as do lobsters, and particularly those big king crabs. Under 
the Senator's amendment, by talking about the Stafford Act, it actually 
has no bearing on fisheries.
  Fisheries disasters are declared by the Secretary of Commerce 
according to the Federal fisheries and commerce laws at the request of 
Governors. Fisheries disasters are unanticipated. Under this amendment, 
all federally declared disaster areas would miss out on much needed 
financial help. I urge a ``no'' vote on the Coburn amendment.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. For the information of all Senators, we are going to have 
two votes before we break for our caucuses--the Republicans have a 
caucus, we have one. So we have two votes before lunch. Then at 2 
o'clock we will have another vote. If the meetings run over a little 
bit, that will give people 15 minutes to get here to vote.
  Then Senator McConnell and I are both going to be indisposed from 3 
o'clock to 4 o'clock. So we will have a little brief time there. Then 
we will finish the bill, we hope, after that.
  The order says we are coming back at 2:15. I ask unanimous consent 
that it be modified so we come back at 2 o'clock.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. MIKULSKI. If I might discuss with the leader and get the consent 
of the minority, the Senator from Oklahoma has a series of amendments. 
I wonder if we could debate the next amendment now, which is the 
Feinstein amendment, and then have two stacked votes or if the Senator 
just wants to follow regular order.
  Mr. COBURN. I have no objection.
  Ms. MIKULSKI. I ask unanimous consent that the vote on Coburn No. 
3372 be laid aside, that the Senator be allowed to speak on amendment 
No. 3371, and then following that, we dispose of the Senator's 
amendment and we have two votes at the same time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. So the Senator from Oklahoma is going to debate the second 
amendment and then we will have two stacked votes.
  The PRESIDING OFFICER. Under the previous order, there will be 4 
minutes of debate on amendment No. 3371.
  The Senator from Oklahoma.
  Mr. COBURN. Mr. President, before we go to the second amendment--I 
ask unanimous consent--I am looking at my transcription of this 
amendment. It says 50 miles. So if, in fact, what is at the desk does 
not say 50 miles, I ask unanimous consent to amend the amendment so it 
would read 50 miles.
  The PRESIDING OFFICER. Is there objection?

[[Page 18287]]


  Ms. MIKULSKI. I object.
  Mr. COBURN. All right. Amendment No. 3371.
  Ms. MIKULSKI. Mr. President, I just want to say to the Senator from 
Oklahoma, there does seem to be a dispute in the printing. But whatever 
it is, we are going to get it straight. We are going to work with the 
Senator and function with maximum courtesy here. If we could know 
whether we are talking about half a mile or 50 miles--
  Mr. President, I ask the clerk to clarify, is it half a mile or 50 
miles?
  The PRESIDING OFFICER. The Chair advises it is 50 miles.
  Ms. MIKULSKI. To the Senator from Oklahoma, I apologize. I am sorry 
for the delay. We will move forward to further debate on the second 
amendment.
  Ms. COLLINS. Mr. President, fishing is more than just a profession in 
New England. Fishing is a culture and a way of life. In recent years, 
Maine's fishermen and fishing communities have been struggling to 
survive among Federal regulations that have limited fishing 
opportunities.
  On September 13, 2012, the acting Secretary of Commerce declared a 
Federal fisheries disaster for Maine, Rhode Island, Massachusetts, New 
Hampshire, New York, and Connecticut because of the significant 
projected reductions in the total allowable catch for critical 
groundfish stocks.
  The expected and considerable catch limit reductions have been 
triggered by recently updated stock assessments that show that several 
key groundfish populations are significantly below the levels necessary 
to meet the rebuilding deadlines that are mandated by Federal law.
  The projected reductions, which may be as high as 73 percent, will 
come despite strict adherence to new and rigorous management practices 
by fishermen.
  There are approximately 45 Maine-based vessels actively fishing with 
Federal groundfish permits. Last year, more than 5 million pounds of 
groundfish, with a dockside value approaching $5.8 million, were landed 
in Maine.
  Given the magnitude of the projected cuts, the effect on these Maine 
vessels and vessels of all sizes and gear types throughout the region 
will be profound. It will add to the already considerable economic 
burdens that fishing communities are facing. Federal assistance is 
necessary to support these fishermen and the fishing related businesses 
in our coastal communities.
  The requested funding will be used to provide both immediate economic 
relief to the region's struggling groundfish industry, and to make 
targeted investments that will allow the fleet to survive and become 
more sustainable in the years ahead.
  These funds could also be productively used to fully cover the costs 
of at-sea monitoring and to address long term overcapacity in the 
fishing industry. This is critical to rebuilding fish stocks and 
preserving a thriving fishing industry well into the future.
  Slow recovery and declining fish stocks will continue to have a 
negative impact on commercial fishing, harming local communities and 
economies. Federal disaster assistance is vital to the long term 
success and short term survival of fishing communities throughout the 
region.
  It is important to note that the funding provided in the bill is to 
respond to fishery disasters declared by the acting Commerce Secretary 
in 2012 under the authority provided by the Magnuson-Stevens Fisheries 
Conservation and Management Act and the Interjurisdictional Fisheries 
Act. This is authorized funding in response to declared disasters.


                           Amendment No. 3371

  Mr. COBURN. Mr. President, amendment No. 3371 is a good government 
house cleaning for FEMA. FEMA determines disasters based on a 
declaration process that is based on a per capita income--or per capita 
damage indicator. It has not been revised to account for the effects of 
inflation. Because we have not revised it, the smaller States actually 
get more benefit from FEMA than the larger States.
  Oklahoma has had 25 disaster declarations in the last 6 years, more 
than any other State. So what I am actually proposing will not help my 
State; it will actually hurt my State. But it is improper for us to 
continue to use an outmoded number when, in fact, a small State has the 
same amount of damage as a large State, but the per capita indicator 
would say it does not meet the requirements.
  All I am requesting is that FEMA, over the next 4 years, update this. 
It does not have any application until 2016. It gives them time to 
update it. Then, through good government, we have a better reflection 
of when we declare a disaster and when we do not as far as the per 
capita indicator would tell us.
  I yield back.
  The PRESIDING OFFICER. The Senator from Louisiana.
  Ms. LANDRIEU. Mr. President, I rise in opposition to this amendment. 
But I wish to say the Senator from Oklahoma raises a very good point. 
But this comes under the jurisdiction of the committee that he is 
actually the ranking member on, with the new chairman, Senator Tom 
Carper, to be done in an authorizing action, not on this particular 
bill.
  It does need some updating. But the other point that needs to be 
looked at--I think the Senator from Oklahoma will agree with me because 
the Federal Government cannot do everything--is what role the States 
should play in helping counties, particularly rural counties such as 
what happened in Joplin, MO, such as what has happened in Oklahoma, 
such as what has happened in Tennessee. What should States do to help 
these more rural counties that get hurt?
  I agree with the Senator in the need for an update. This is not the 
time to do it, however. I urge a ``no'' vote on his amendment and turn 
it over to the authorizing committee, of which he is a member, to 
provide for appropriate oversight in that venue.
  Mr. COBURN. I ask unanimous consent to recapture 15 seconds of my 
time.
  The PRESIDING OFFICER. The Senator has 40 seconds remaining.
  Mr. COBURN. Mr. President, this bill is full of authorizations--I 
mean, literally, full of authorizations. This is something I have 
studied and looked at. I have been looking at FEMA for 8 years. We 
should not wait to do this. Let's do it now. It is common sense. It 
does not harm anybody. It actually makes us better at what we are 
trying to do with Federal emergency management.
  Ms. LANDRIEU. The Senator is correct that this bill is full of 
reforms that he and I and others have worked on. But every one of these 
reforms has been agreed to on both sides of the aisle; this has not. 
The Senator could continue to work with us and find a way forward.
  I would urge a ``no'' vote on this now. I promise we will give him 
its full attention and get this taken care of but at a later date.
  Mr. COBURN. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  The question is on agreeing to amendment No. 3370, division II.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from New Jersey (Mr. Lautenberg), and the Senator from 
Virginia (Mr. Warner) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from South Carolina (Mr. DeMint) and the Senator from Illinois (Mr. 
Kirk).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 35, nays 60, as follows:

                      [Rollcall Vote No. 240 Leg.]

                                YEAS--35

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Carper
     Chambliss
     Coburn
     Corker
     Cornyn
     Crapo
     Enzi
     Grassley
     Heller
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     Lugar
     McCain
     McCaskill
     McConnell
     Paul
     Portman

[[Page 18288]]


     Risch
     Roberts
     Rubio
     Sessions
     Thune
     Toomey

                                NAYS--60

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Casey
     Coats
     Cochran
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Graham
     Hagan
     Harkin
     Hatch
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Leahy
     Levin
     Lieberman
     Manchin
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Vitter
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--5

     Boxer
     DeMint
     Kirk
     Lautenberg
     Warner
  The PRESIDING OFFICER. Under the previous order requiring 60 votes on 
adoption of this amendment, the amendment is rejected.


                       Vote on Amendment No. 3371

  The PRESIDING OFFICER. Under the previous order, the question is on 
agreeing to the Coburn and McCain amendment No. 3371.
  Mr. COBURN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from New Jersey (Mr. Lautenberg), and the Senator from 
Virginia (Mr. Warner) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from South Carolina (Mr. DeMint) and the Senator from Illinois (Mr. 
Kirk).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 40, nays 55, as follows:

                      [Rollcall Vote No. 241 Leg.]

                                YEAS--40

     Alexander
     Barrasso
     Blunt
     Boozman
     Burr
     Carper
     Chambliss
     Coats
     Coburn
     Cochran
     Coons
     Corker
     Cornyn
     Crapo
     Enzi
     Graham
     Grassley
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Klobuchar
     Kohl
     Kyl
     Lee
     Lugar
     McCain
     McCaskill
     Paul
     Portman
     Risch
     Rubio
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Webb
     Wicker

                                NAYS--55

     Akaka
     Ayotte
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Casey
     Collins
     Conrad
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Hatch
     Heller
     Hoeven
     Johnson (SD)
     Kerry
     Landrieu
     Leahy
     Levin
     Lieberman
     Manchin
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Snowe
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Whitehouse
     Wyden

                             NOT VOTING--5

     Boxer
     DeMint
     Kirk
     Lautenberg
     Warner
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for the adoption of this amendment, the amendment is rejected.
  The Senator from Maryland.
  Ms. MIKULSKI. Mr. President, I ask unanimous consent that when the 
Senate reconvenes at 2 p.m., we debate the next two Coburn amendments 
in order and that upon the use or yielding back of time on those 
amendments, the Senate proceed to vote in relation to the Coburn 
amendments, with all provisions of the previous order remaining in 
effect.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. MIKULSKI. Mr. President, simply what this means is this--and I am 
really asking for Senators to pay attention because they are very 
keenly interested in the schedule. I thank the distinguished Senator 
from Mississippi, Mr. Cochran, for working on the expeditious 
disposition of our amendments.
  Senators should be aware that after 2 p.m., they should be in the 
Chamber to vote on these amendments. These are 10-minute votes, and we 
do not intend to hold the votes beyond the time. The leadership on both 
sides of the aisle will be going to the White House to discuss the 
really critical, crucial matters before the Nation. They must go to the 
White House, but they will want to exercise their vote. So let's 
cooperate with the leadership.
  At 2 o'clock, Senator Coburn will make his debate. We will have an 
orderly, crisp rebuttal. Then we will go right to those votes, and then 
the leadership will be able to leave for the White House. Remember, we 
have to have that first vote done in a timely way so that both Senator 
Reid and Senator McConnell can leave to have the designated meeting 
with President Obama.
  Mr. COCHRAN. Mr. President, let me join with the Senator from 
Maryland in commending all Senators for the expeditious way we have 
been able to move this bill but in particular the chairwoman herself, 
who has provided strong leadership, capable leadership, and fairness, a 
sense of fairness for all Senators. I thank her for the honor of 
serving with her on this committee.

                          ____________________