SEPTEMBER 21, 2012 DATELINE: CAPITOL HILL House passes fi scal 2013 continuing resolution to fund government On Sept. 13, the House of
Representatives passed House Joint Resolution (H.J. Res.) 177 by a 329-91 recorded vote. T is measure – usually referred to as a “continuing resolution (CR)” – will fund all fi scal 2013 operations of the federal government for six months – until March 27, 2013 – at the same level of funding as for fi scal 2012. T e Senate is expected to vote on the legislation during the week of Sept. 17, with the president signing the measure shortly thereaſt er. For the past several
years, Congress has been unable to agree to passage of the traditional 12 appropriations bills which fund the operations of all of the U.S. government’s departments, agencies and programs. Some of this diffi culty is political, while some is philosophical. T is year’s excuse is the failure of last year’s so-called supercom- mittee to agree to spending- reduction targets. As a result, in January 2013 automatic spending cuts – called “seques- tration” – will be implemented to begin to reduce federal spending virtually across the board. Despite agreeing to fi scal
2013 funding levels that parallel the 2012 funding amounts, H.J. Res. 117 does include a 0.6 percent spending increase, amounting to an additional $8 billion in funding to meet various contingencies. Several provisions included in the CR would: Allow DoD to acquire supplies in other countries for use in Afghanistan; Fund overseas contingency operations at nearly $100 billion; Allow additional funding for nuclear-weapons moderniza- tion eff orts, to ensure the safety, security and reliability of the nation’s nuclear stockpile; Allow fl exibility for U.S. Customs and Border Protection to maintain current staffi ng levels; Allow additional funding and fl exibility to sustain Homeland Security cybersecurity eff orts; Allow additional funding for the Department of the Interior and the U.S. Forest Service for wildfi re-suppression eff orts; Extend the current pay freeze for federal employees, including congressional representatives and senators; Allow the launch schedule of
Kenneth F. Governor Chairman, National Legislative Commission
new weather satellites to move forward, ensuring the continuation of critical weather information, especially in the event of weather-related natural disasters; Require every federal agency to provide spending plans to Congress to ensure transparency and the proper use of taxpayer dollars; and Allow additional funding for the Department of Veterans Aff airs to meet an increase in the disability claims workload. T e House
Appropriations Committee has passed all 12 of the
necessary bills to fund the federal government, and seven have been approved by the full House, but none of these measures has seen the light of day in the Senate. T erefore, with Congress facing the possibility of no funding measures in place for the start of the next fi scal year – Oct. 1 – the leadership in both chambers agreed to the formu- lation of the CR. T e gist of these actions is that Congress is handing off the diffi cult questions of funding and cost-cutting to the 113th Congress, which will convene on Jan. 3, 2013.
House easily passes
revised Stolen Valor Act Public Law 109-437, the
“Stolen Valor Act of 2005,” made it a crime to lie about military service and awards, but it was overturned three months ago by the U.S. Supreme Court in the case of United States v. Alvarez. In response, a bipartisan group of congressional lawmakers developed modifi ed legislation – H.R. 1775 – to replace it. On Sept. 13, the House passed the bill by a vote of 410-3. During a House Judiciary
Committee markup session on Aug. 1, H.R. 1775 was heavily modifi ed. Among the changes were: Individuals who wear military medals or decorations that do not belong to them were exempt from penalties outlined in the bill. T is was due to concerns raised in the Alvarez decision, in which the Supreme Court stated that simply wearing medals is considered free speech. Additionally, language
making it a crime to have specifi cally claimed service in a special operations unit or in a combat zone was dropped. However, the new bill makes it a crime to claim that an individual was awarded a “Combat Badge” – defi ned as a Combat Infantryman’s Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon or Combat Action Medal. T e new measure enforces penalties against individuals who, with the intent to obtain money, property or anything of value, fraudulently hold themselves out to be recipients of a military decoration or medal. T e original text enforced penalties against those who “with the intent to obtain anything of value, knowingly makes a misrepresentation regarding his or her military service.” Under the bill, punishments against such individuals would include fi nes or imprisonment for no more than a year, or both. T e previous version had higher crimes for claiming receipt of the Medal of Honor, as well as claiming special operations service and service in a combat zone. T e new text makes punishment uniform. T e measure now goes to the
Senate for passage, which is expected sometime prior to that body’s adjournment.
Subcommittee conducts
hearing on memorial T e House Natural Resourc-
es Subcommittee on National Parks, Forests and Public Lands conducted a legislative hearing on Sept. 11 to examine two bills, H.R. 6364 and H.R. 4969. T e American Legion took an interest in H.R. 6364, given that it relates to the establish- ment of a World War I centen- nial commission, which would:
Plan, develop, and execute programs, projects and activities to commemorate the centennial of World War I;
Encourage private organizations and state and local governments to organize and participate in activities commemorating the centennial of World War I;
Facilitate and coordinate activities throughout the United States relating to the centennial of World War I;
Serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I; and
Develop recommendations for Congress and the president for commemorating the centennial of World War I, and designate the World War I museum and monument in Kansas City, Mo., as a National World War I monument; as well as allow for the creation of a new monument on the National Mall in Washington, in the area of Constitution Gardens. T e bill specifi es that the
memorial would be no more than 1.5 acres and spending would be capped at $10 million, with no federal funds being obligated by the bill. T e fi rst two of the three
panels addressing this legislation have taken place. T e fi rst panel consisted of Rep. Emanuel Cleaver II, D-Mo.; and Rep. Ted Poe, R-Texas. T e second panel consisted
of Stephen Whitesell, regional director, National Capital Region of the National Park Service, Department of the Interior; Dr. Judy Scott Feldman, chairman and president, National Coalition to Save Our Mall; and Edwin L. Fountain, director, World War I Memorial Foundation. Fountain noted that the
United States is lagging far behind the eff orts of allies France and Britain when it comes to marking the centennial of the war. Both countries have established centennial commissions to plan remembrance events. Feldman echoed Whitesell’s concerns, and suggested the creation of a National Mall planning commission to ensure better long-term planning of the mall. Both Fountain and Feldman supported the enhancement of Pershing Park on Pennsylvania Avenue as a more appropriate location than Constitution Gardens, and one in line with a standing congressional prohibition against new construction on the mall. Whitesell testifi ed that
Constitution Gardens falls under that prohibition, and that making an exception would set a dangerous precedent. T e Legion has been deeply
involved in the process of fi nding a proper way to cel- ebrate the 100th anniversary of the “war to end all wars.” It is hoped that Congress will fi nd a solution that pleases all involved parties.
National commander’s
testimony set On Oct. 3, new National Commander James E. Koutz
will journey to the nation’s capi- tal to testify before a joint hearing of the House and Senate Veterans Aff airs com- mittees. He will present a statement to the assembled members of Congress outlining the Legion’s legislative goals for the upcoming 113th Congress. T is will take place in Room 345 of the Cannon House Offi ce Building at 10 a.m. It will be preceded by a breakfast honor- ing Koutz and members of Congress. Any member of T e
American Legion family who wishes to attend the commander’s testimony is encouraged to do so. Seating is limited. Cannon is located across the street from the Capitol South Metro station, on the Blue/Orange lines at 1st and C streets SE.
Visit Legislative section
of
legion.org T e Legislative section of
www.legion.org contains up-to-date information about the Legion’s eff orts in the nation’s capital. T e section includes links
to Legion written testimony, weekly updates on key legislative issues, legislative point papers, listings of Legion resolutions with legislative intent, and breaking stories about House and Senate hearings attended by, and receiving testimony from, Legion staff . T e Legion’s Legislative
Action Center (
capwiz.com/legion/home) allows users to stay up to date on pending legislation and includes a feature that makes it easy to contact members of Congress. Users can also sign up for the Action E-List and be notifi ed when they can make a critical diff erence on important issues. T e Legislative Action
Center also contains the daily schedule for Congress, the ability to search committee hearings, a media guide, and a search mechanism that allows users to fi nd media contacts in their communities. T ere is also a section
explaining how to use THOMAS (
thomas.loc.gov), a website administered by the Libraryof Congress that provides legislative information to interested people or organizations.
www.legion.org/legislative
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