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

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

[[Page S8463]]

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.
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.

[[Page S8464]]

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 wildland 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--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.

[[Page S8465]]

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 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?
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

[[Page S8466]]

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 taking 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
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

[[Page S8467]]

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.

____________________