S6388 CONGRESSIONAL RECORD — SENATE September 13, 2012 

care, resource support, health and medical 

services, and search and rescue. 

‘‘(2) The amount and type of personnel, 

equipment, materials, and supplies needed 

and a reasonable estimate of the length of 

time they will be needed. 

‘‘(3) The specific place and time for staging 

of the assisting participating jurisdictions’s 

response and a point of contact at the location. 

‘‘(c) CONSULTATION AMONG PARTICIPATING

JURISDICTION OFFICIALS.—There shall be periodic consultation among the authorized representatives who have assigned emergency 

management responsibilities. 

‘‘ARTICLE IV—LIMITATION

‘‘It is recognized that any participating jurisdiction that agrees to render mutual aid 

or conduct exercises and training for mutual 

aid will respond as soon as possible. It is also 

recognized that the participating jurisdiction rendering aid may withhold or recall resources to provide reasonable protection for 

itself, at its discretion. To the extent authorized by law, each participating jurisdiction will afford to the personnel of the emergency contingent of any other participating 

jurisdiction while operating within its jurisdiction limits under the terms and conditions of this agreement and under the operational control of an officer of the requesting 

participating jurisdiction the same treatment as is afforded similar or like human resources of the participating jurisdiction in 

which they are performing emergency services. Staff comprising the emergency contingent continue under the command and control of their regular leaders but the organizational units come under the operational control of the emergency services authorities of 

the participating jurisdiction receiving assistance. These conditions may be activated, 

as needed, by the participating jurisdiction 

that is to receive assistance or upon commencement of exercises or training for mutual aid and continue as long as the exercises 

or training for mutual aid are in progress, 

the emergency or disaster remains in effect 

or loaned resources remain in the receiving 

participating jurisdictions, whichever is 

longer. The receiving participating jurisdiction is responsible for informing the assisting participating jurisdiction when services 

will no longer be required. 

‘‘ARTICLE V—LICENSES AND PERMITS

‘‘Whenever a person holds a license, certificate, or other permit issued by any participating jurisdiction evidencing the meeting of 

qualifications for professional, mechanical, 

or other skills, and when such assistance is 

requested by the receiving participating jurisdiction, such person is deemed to be licensed, certified, or permitted by the jurisdiction requesting assistance to render aid 

involving such skill to meet an emergency or 

disaster, subject to such limitations and conditions as the requesting jurisdiction prescribes by Executive order or otherwise. 

‘‘ARTICLE VI—LIABILITY

‘‘Any person or entity of a participating 

jurisdiction rendering aid in another jurisdiction pursuant to this compact is considered an agent of the requesting jurisdiction 

for tort liability and immunity purposes. 

Any person or entity rendering aid in another jurisdiction pursuant to this compact 

is not liable on account of any act or omission in good faith on the part of such forces 

while so engaged or on account of the maintenance or use of any equipment or supplies 

in connection therewith. Good faith in this 

article does not include willful misconduct, 

gross negligence, or recklessness. 

‘‘ARTICLE VII—SUPPLEMENTARY AGREEMENTS

‘‘Because it is probable that the pattern 

and detail of the compact for mutual aid 

among 2 or more participating jurisdictions 

may differ from that among the participating jurisdictions that are party to this 

compact, this compact contains elements of 

a broad base common to all participating jurisdictions, and nothing in this compact precludes any participating jurisdiction from 

entering into supplementary agreements 

with another jurisdiction or affects any 

other agreements already in force among 

participating jurisdictions. 

‘‘Supplementary agreements may include, 

but are not limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, public utility, reconnaissance, welfare, transportation and communications personnel, equipment, and supplies. 

‘‘ARTICLE VIII—WORKERS’ COMPENSATION AND

DEATH BENEFITS

‘‘Each participating jurisdiction shall provide, in accordance with its own laws, for the 

payment of workers’ compensation and 

death benefits to injured members of the 

emergency contingent of that participating 

jurisdiction and to representatives of deceased members of those forces if the members sustain injuries or are killed while rendering aid pursuant to this compact, in the 

same manner and on the same terms as if the 

injury or death were sustained within their 

own jurisdiction. 

‘‘ARTICLE IX—REIMBURSEMENT

‘‘Any participating jurisdiction rendering 

aid in another jurisdiction pursuant to this 

compact shall, if requested, be reimbursed by 

the participating jurisdiction receiving such 

aid for any loss or damage to, or expense incurred in, the operation of any equipment 

and the provision of any service in answering 

a request for aid and for the costs incurred in 

connection with those requests. An aiding 

participating jurisdiction may assume in 

whole or in part any such loss, damage, expense, or other cost or may loan such equipment or donate such services to the receiving participating jurisdiction without charge 

or cost. Any 2 or more participating jurisdictions may enter into supplementary agreements establishing a different allocation of 

costs among those jurisdictions. Expenses 

under article VIII are not reimbursable 

under this section. 

‘‘ARTICLE X—IMPLEMENTATION

‘‘(a) This compact is effective upon its execution or adoption by any 1 State and 1 province, and is effective as to any other jurisdiction upon its execution or adoption thereby: 

subject to approval or authorization by the 

United States Congress, if required, and subject to enactment of provincial or State legislation that may be required for the effectiveness of the Memorandum of Understanding. 

‘‘(b) Additional jurisdictions may participate in this compact upon execution or adoption thereof. 

‘‘(c) Any participating jurisdiction may 

withdraw from this compact, but the withdrawal does not take effect until 30 days 

after the governor or premier of the withdrawing jurisdiction has given notice in 

writing of such withdrawal to the governors 

or premiers of all other participating jurisdictions. The action does not relieve the 

withdrawing jurisdiction from obligations 

assumed under this compact prior to the effective date of withdrawal. 

‘‘(d) Duly authenticated copies of this compact in the French and English languages 

and of such supplementary agreements as 

may be entered into shall, at the time of 

their approval, be deposited with each of the 

participating jurisdictions. 

‘‘ARTICLE XI—SEVERABILITY

‘‘This compact is construed to effectuate 

the purposes stated in Article I. If any provision of this compact is declared unconstitutional or the applicability of the compact to 

any person or circumstances is held invalid, 

the validity of the remainder of this compact 

and the applicability of the compact to other 

persons and circumstances are not affected. 

‘‘ARTICLE XII—CONSISTENCY OF LANGUAGE

‘‘The validity of the arrangements and 

agreements consented to in this compact 

shall not be affected by any insubstantial 

difference in form or language as may be 

adopted by the various states and provinces.’’. 

SEC. 2. INCONSISTENCY OF LANGUAGE. 

The validity of the arrangements consented to by this Act shall not be affected by 

any insubstantial difference in their form or 

language as adopted by the States and provinces. 

SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. 

The right to alter, amend, or repeal this 

Act is hereby expressly reserved. 

f 

EXPRESSING APPRECIATION FOR 

UNITED STATES FOREIGN AND 

CIVIL SERVICE PROFESSIONALS 

AROUND THE GLOBE 

Mr. DURBIN. Mr. President, I ask 

unanimous consent the Senate proceed 

to Calendar No. 386, S. Res. No. 401. 

The PRESIDING OFFICER. The 

clerk will report. 

The bill clerk read as follows: 

A resolution (S. Res. 401) expressing appreciation for Foreign Service and Civil Service 

professionals who represent the United 

States around the globe. 

There being no objection, the Senate 

proceeded to consider the resolution. 

Mr. DURBIN. Mr. President, I ask 

unanimous consent that the resolution 

be agreed to, the preamble be agreed 

to, the motions to reconsider be laid 

upon the table, with no intervening action or debate, and any statements related to the resolution be printed in 

the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The resolution (S. Res. 401) was 

agreed to. 

The preamble was agreed to. 

The resolution, with its preamble, 

reads as follows: 

S. RES. 401 

Whereas the United States Foreign Service 

was established by Congress in 1924 to professionalize the country’s diplomatic and consular services and advance freedom, democracy, and security for the benefit of the people of the United States and the international community; 

Whereas the United States Agency for 

International Development was established 

in 1961 to support the foreign policy goals of 

the United States through economic, development, and humanitarian assistance; 

Whereas the Department of State and the 

United States Agency for International Development together employ more than 27,000 

United States nationals in the Foreign Service and Civil Service dedicated to promoting 

United States interests around the world; 

Whereas Foreign Service personnel deploy 

to Asia, Africa, the Americas, Australia, Europe, the Middle East, and Southeast Asia on 

a permanent, rotating basis to defend and 

promote United States priorities abroad; 

Whereas many Foreign Service employees 

spend months or years away from families 

and loved ones on assignment to dangerous 

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September 13, 2012 CONGRESSIONAL RECORD — SENATE S6389 

or inhospitable posts where family members 

are not permitted; 

Whereas numerous Department of State 

and United States Agency for International 

Development employees have lost their lives 

while serving abroad; 

Whereas strong and purposeful United 

States diplomacy and development, carried 

out by a diverse, professionally educated, 

and well-trained force of Foreign Service and 

Civil Service professionals, are the most 

cost-effective means to protect and advance 

United States interests abroad; 

Whereas the promotion of commercial engagement by United States businesses in foreign markets and targeted international development projects support economic prosperity, job creation, and opportunities for 

United States business and industry; 

Whereas United States diplomats are often 

the first line of defense against international 

conflict and transnational security threats; 

Whereas Foreign Service and Civil Service 

professionals have worked to support the 

members of the United States Armed Forces 

involved in critical national security missions and military engagements in dangerous 

and unstable regions; 

Whereas Foreign Service and Civil Service 

professionals administer emergency assistance in crisis situations; and 

Whereas the contributions of Foreign Service and Civil Service professionals to the 

global advancement of international understanding, American ideals, and the promotion of freedom and democracy around 

the world should be commended: Now, therefore, be it 

Resolved, That the Senate— 

(1) recognizes and gives special appreciation to the Foreign Service and Civil Service 

personnel of the Department of State, the 

United States Agency for International Development, and other United States Government agencies that promote and protect 

United State priorities abroad; and 

(2) owes a debt of gratitude to these individuals, and their families, who put public 

service and pride in their country ahead of 

comfort, convenience, and even safety in 

service to the United States and the global 

community. 

f 

MEASURE READ THE FIRST 

TIME—H.R. 5949 

Mr. DURBIN. Mr. President, I understand there is a bill at the desk. I ask 

for its first reading. 

The PRESIDING OFFICER. The 

clerk will read the bill by title for the 

first time. 

The bill clerk read as follows: 

A bill (H.R. 5949) to extend the FISA 

Amendments Act of 2008 for five years. 

Mr. DURBIN. I now ask for a second 

reading, and in order to place the bill 

on the calendar under the provisions of 

rule XIV, I object to my own request. 

The PRESIDING OFFICER. Objection is heard. The bill will be read for 

the second time on the next legislative 

day. 

f 

ORDERS THROUGH WEDNESDAY, 

SEPTEMBER 19, 2012 

Mr. DURBIN. I ask unanimous consent when the Senate completes its 

business today, it adjourn until 2 p.m. 

on Monday, September 17, 2012, for a 

pro forma session only, with no business conducted; that following the pro 

forma session, the Senate adjourn until 

10 a.m. on Wednesday, September 19, 

2012; that following the prayer and 

pledge, the Journal of proceedings be 

approved to date, the morning hour be 

deemed expired, and the time for the 

two leaders be reserved for their use 

later in the day; that the majority 

leader be recognized and that following 

the remarks of the two leaders, the 

Senate resume consideration of S. 3457, 

the Veterans Jobs Corps Act, under the 

previous order; that following the vote 

on the motion to waive the Budget Act 

with respect to the substitute amendment, No. 2789, the majority leader be 

recognized, and that following his remarks the Senate recess until 2:15 p.m. 

to allow for the weekly caucus meetings. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

PROGRAM 

Mr. DURBIN. The Senate will be in 

pro forma session on Monday and out 

of session on Tuesday in order to accommodate Rosh Hashanah. The next 

rollcall vote will be at noon on Wednesday. There will also be a cloture vote 

on the motion to proceed to the continuing resolution at 2:15 p.m. next 

Wednesday. 

f 

ADJOURNMENT UNTIL MONDAY, 

SEPTEMBER 17, 2012, at 2 P.M. 

Mr. DURBIN. If there is no further 

business to come before the Senate, I 

ask unanimous consent that it adjourn 

under the previous order. 

There being no objection, the Senate, 

at 8:03 p.m., adjourned until Monday, 

September 17, 2012, at 2 p.m. 

f 

NOMINATIONS 

Executive nominations received by 

the Senate: 

DEPARTMENT OF COMMERCE

MARK DOMS, OF MARYLAND, TO BE UNDER SECRETARY 

OF COMMERCE FOR ECONOMIC AFFAIRS, VICE REBECCA 

M. BLANK, RESIGNED. 

AMTRAK BOARD OF DIRECTORS

CHRISTOPHER R. BEALL, OF OKLAHOMA, TO BE A DIRECTOR OF THE AMTRAK BOARD OF DIRECTORS FOR A 

TERM OF FIVE YEARS, VICE DONNA R. MCLEAN, TERM 

EXPIRED. 

METROPOLITAN WASHINGTON AIRPORTS

AUTHORITY

WILLIAM SHAW MCDERMOTT, OF MASSACHUSETTS, TO 

BE A MEMBER OF THE BOARD OF DIRECTORS OF THE 

METROPOLITAN WASHINGTON AIRPORTS AUTHORITY 

FOR A TERM EXPIRING NOVEMBER 22, 2017, VICE ROBERT 

CLARKE BROWN, TERM EXPIRED. 

NINA MITCHELL WELLS, OF NEW JERSEY, TO BE A 

MEMBER OF THE BOARD OF DIRECTORS OF THE METROPOLITAN WASHINGTON AIRPORTS AUTHORITY FOR A 

TERM EXPIRING MAY 30, 2018, VICE CHARLES DARWIN 

SNELLING, TERM EXPIRED. 

DEPARTMENT OF STATE

DEBORAH ANN MCCARTHY, OF FLORIDA, A CAREER 

MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF 

MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES 

OF AMERICA TO THE REPUBLIC OF LITHUANIA. 

UNITED NATIONS

JOAN M. PRINCE, OF WISCONSIN, TO BE AN ALTERNATE 

REPRESENTATIVE OF THE UNITED STATES OF AMERICA 

TO THE SIXTY-SEVENTH SESSION OF THE GENERAL ASSEMBLY OF THE UNITED NATIONS. 

TED R. DINTERSMITH, OF VIRGINIA, TO BE AN ALTERNATE REPRESENTATIVE OF THE UNITED STATES OF 

AMERICA TO THE SIXTY-SEVENTH SESSION OF THE GENERAL ASSEMBLY OF THE UNITED NATIONS. 

MILLENNIUM CHALLENGE CORPORATION

LORNE W. CRANER, OF VIRGINIA, TO BE A MEMBER OF 

THE BOARD OF DIRECTORS OF THE MILLENNIUM CHALLENGE CORPORATION FOR A TERM OF TWO YEARS. (REAPPOINTMENT) 

BROADCASTING BOARD OF GOVERNORS

JEFFREY SHELL, OF CALIFORNIA, TO BE A MEMBER OF 

THE BROADCASTING BOARD OF GOVERNORS FOR A TERM 

EXPIRING AUGUST 13, 2015, VICE WALTER ISAACSON, 

TERM EXPIRED. 

JEFFREY SHELL, OF CALIFORNIA, TO BE CHAIRMAN OF 

THE BROADCASTING BOARD OF GOVERNORS, VICE WALTER ISAACSON, RESIGNED. 

NATIONAL FOUNDATION ON THE ARTS AND THE

HUMANITIES

BRUCE CARTER, OF FLORIDA, TO BE A MEMBER OF THE 

NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING 

SEPTEMBER 3, 2018, VICE ROBERT BRETLEY LOTT, TERM 

EXPIRED. 

JOHN UNSWORTH, OF MASSACHUSETTS, TO BE A MEMBER OF THE NATIONAL COUNCIL ON THE HUMANITIES 

FOR A TERM EXPIRING JANUARY 26, 2016, VICE JEAN B. 

ELSHTAIN, TERM EXPIRED. 

JAMES MADISON MEMORIAL FELLOWSHIP

FOUNDATION

MARTIN O’MALLEY, OF MARYLAND, TO BE A MEMBER 

OF THE BOARD OF TRUSTEES OF THE JAMES MADISON 

MEMORIAL FELLOWSHIP FOUNDATION FOR A TERM EXPIRING NOVEMBER 5, 2018. (REAPPOINTMENT) 

MARTIN O’MALLEY, OF MARYLAND, TO BE A MEMBER 

OF THE BOARD OF TRUSTEES OF THE JAMES MADISON 

MEMORIAL FELLOWSHIP FOUNDATION FOR THE REMAINDER OF THE TERM EXPIRING NOVEMBER 5, 2012, VICE JOE 

MANCHIN III. 

BARRY GOLDWATER SCHOLARSHIP AND

EXCELLENCE IN EDUCATION FOUNDATION

WALTER G. SECADA, OF FLORIDA, TO BE A MEMBER OF 

THE BOARD OF TRUSTEES OF THE BARRY GOLDWATER 

SCHOLARSHIP AND EXCELLENCE IN EDUCATION FOUNDATION FOR A TERM EXPIRING MARCH 3, 2016, VICE LAURIE STENBERG NICHOLS, TERM EXPIRED. 

STEWART M. DE SOTO, OF ILLINOIS, TO BE A MEMBER 

OF THE BOARD OF TRUSTEES OF THE BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION 

FOUNDATION FOR A TERM EXPIRING AUGUST 11, 2016, 

VICE CHARLES P. RUCH, TERM EXPIRED. 

MORRIS K. UDALL AND STEWART L. UDALL

FOUNDATION

ANNE J. UDALL, OF OREGON, TO BE A MEMBER OF THE 

BOARD OF TRUSTEES OF THE MORRIS K. UDALL AND 

STEWART L. UDALL FOUNDATION FOR A TERM EXPIRING 

OCTOBER 6, 2016. (REAPPOINTMENT) 

IN THE AIR FORCE

THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 

STATES OFFICER FOR APPOINTMENT IN THE RESERVE 

OF THE AIR FORCE TO THE GRADE INDICATED UNDER 

TITLE 10, U.S.C., SECTIONS 12203 AND 12212: 

To be brigadier general 

COL. ROBERT J. BECKLUND 

THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 

STATES OFFICERS FOR APPOINTMENT IN THE RESERVE 

OF THE AIR FORCE TO THE GRADE INDICATED UNDER 

TITLE 10, U.S.C., SECTIONS 12203 AND 12212: 

To be major general 

BRIG. GEN. MARK E. BARTMAN 

BRIG. GEN. STANLEY J. OSSERMAN, JR. 

BRIG. GEN. THOMAS A. THOMAS, JR. 

BRIG. GEN. ERIC G. WELLER 

BRIG. GEN. JAMES C. WITHAM 

THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 

STATES OFFICERS FOR APPOINTMENT IN THE RESERVE 

OF THE AIR FORCE TO THE GRADE INDICATED UNDER 

TITLE 10, U.S.C., SECTIONS 12203 AND 12212: 

To be brigadier general 

COLONEL GLEN M. BAKER 

COLONEL JEFFREY D. BUCKLEY 

COLONEL ANTHONY J. CARRELLI 

COLONEL TIMOTHY J. CATHCART 

COLONEL ANDREW J. DONNELLY 

COLONEL HAROLD S. EGGENSPERGER 

COLONEL JAMES O. EIFERT 

COLONEL BRYAN P. FOX 

COLONEL RICKY D. GIBNEY 

COLONEL CHRISTOPHER A. HEGARTY 

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