E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, WEDNESDAY, FEBRUARY 27, 2013 No. 28 House of Representatives The House met at 10 a.m and was World War II, its smallest number of Hence, despite the Senate enjoying called to order by the Speaker pro tem- operational naval vessels since World more than a year and a half to do its pore (Ms. ROS-LEHTINEN). War I, and its smallest number of oper- job, Senate inaction and delay have f ational aircraft in the history of the given America yet another short-term United States Air Force. crisis. DESIGNATION OF SPEAKER PRO But national security is not the only So here we are. America faces three TEMPORE sequestration risk. In my home district major crises: Sequestration, a con- The SPEAKER pro tempore laid be- in north Alabama, President Obama tinuing resolution to fund the govern- fore the House the following commu- has ordered that roughly 14,000 highly ment, and yet another debt ceiling cri- nication from the Speaker: skilled and irreplaceable Department sis. WASHINGTON, DC, of Defense civilian employees suffer 20 While I agree with the House leader- February 27, 2013. percent furloughs and 20 percent salary ship’s view that, since the Senate has I hereby appoint the Honorable ILEANA cuts. done nothing to solve this problem, it ROS-LEHTINEN to act as Speaker pro tempore Redstone Arsenal’s engineers, sci- is appropriate for the Senate to act on this day. entists, and other civilian defense staff first on sequestration this time, I am JOHN A. BOEHNER, are critical to national security in a troubled the House is scheduled to Speaker of the House of Representatives. time of international instability. Their work only 24 days in March and April, f knowledge and skill sets are unique, combined. Conversely, there are 19 MORNING-HOUR DEBATE virtually irreplaceable, and may be workdays in which the House is not in lost to national security forever if session. Stated differently, the House The SPEAKER pro tempore. Pursu- these workers are forced to find work will only work 56 percent of workdays ant to the order of the House of Janu- elsewhere. and be on recess from Washington 44 ary 3, 2013, the Chair will now recog- The damage I’ve just described to percent of the time. nize Members from lists submitted by north Alabama’s economy is before The American people work on work- the majority and minority leaders for President Obama starts hammering de- days. Congress should do no less. Ac- morning-hour debate. fense and NASA contractors and many tions speak louder than words. Under The Chair will alternate recognition other Tennessee Valley Federal em- the circumstances America faces, a between the parties, with each party ployees who provide worthwhile serv- part-time Congress is simply unaccept- limited to 1 hour and each Member ices to their country. able. other than the majority and minority Nationwide, the economic impact is As sequestration unfolds, as national leaders and the minority whip limited absolutely staggering. Sequestration security, Federal Government func- to 5 minutes each, but in no event shall risks 1.5 to 2 million job losses, with a tions, and the American economy slow- debate continue beyond 11:50 a.m. resulting 1 percent worsening of Amer- ly but surely deteriorate, the American f ica’s unemployment rate. It is unwise people will intensify pressure on HARRY to subject America’s fragile economy REID’s Senate to finally do its job. SEQUESTRATION WORKDAYS to job losses of this magnitude. Americans are suffering. National de- The SPEAKER pro tempore. The For emphasis, and despite White fense is suffering. The suffering of Chair recognizes the gentleman from House, Senate leadership, and House Americans is not in recess during this Alabama (Mr. BROOKS) for 5 minutes. leadership efforts to the contrary, I crisis. Congress should not be in recess Mr. BROOKS of Alabama. Madam voted against sequestration and the either. Speaker, Secretary of Defense Leon Budget Control Act of 2011, quite We signed up to do a job, and that job Panetta states sequestration ‘‘would be frankly, because the risk to America is not done. The House must provide a disaster in terms of the Defense De- was simply unacceptable. Unfortu- leadership and prove we are serious partment. As far as our budget is con- nately, my vote was in the minority. about doing the people’s business, and cerned, as far as our ability to respond In 2012, and despite President Washington is where the people’s busi- to the threats that are out there, it has Obama’s veto threats, the House twice ness is done. a big impact.’’ passed legislation to fix sequestration. Given the magnitude of the risks and Over time, sequestration’s dispropor- In response, the Senate not only re- damage done by sequestration to tionate cuts to national defense will re- fused to vote on the House’s sequestra- America on a daily basis, I respectfully duce our military to its smallest num- tion solutions, the Senate irresponsibly request that the House remain in ses- ber of uniformed personnel since before refused to propose solutions of its own. sion and do our jobs on each and every

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

H663

.

VerDate Mar 15 2010 01:30 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.000 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H664 CONGRESSIONAL RECORD — HOUSE February 27, 2013 workday until sequestration is re- SEQUESTRATION: THE LAST TOOL our lowest priorities and to the dis- solved. WE HAVE proportionate impact that it would The House has passed numerous se- The SPEAKER pro tempore. The have on our defense budget. Those questration solutions. It is long past Chair recognizes the gentleman from warnings fell on deaf ears at the time. But since then, twice the House has time for the Senate to wake from its California (Mr. MCCLINTOCK) for 5 min- slumber, respond to the clarion call of utes. tried to correct these shortcomings the American people, and pass a se- Mr. MCCLINTOCK. Madam Speaker, with legislation to replace the worst of questration solution. the decline and fall of the Roman Em- the defense cuts with long-term enti- pire offers us a sobering warning of a tlement reform. Ultimately, that’s the f great nation that became overextended only way we’re going to bring our fis- and war-weary abroad while it became cal crisis and its spiraling debt under CLIMATE CHANGE utterly profligate and decadent at control. Both measures died in the Senate; home. Its economy in shambles and its The SPEAKER pro tempore. The and after the November election, the treasury bankrupt, the mightiest mili- Chair recognizes the gentleman from likelihood of entitlement reform over tary power on Earth fell prey for back- New Mexico (Mr. BEN RAY LUJA´ N) for 5 the next several years is exceedingly ward hordes that had previously ex- minutes. remote, which means that however im- isted only on the fringes of civilization. Mr. BEN RAY LUJA´ N of New Mexico. perfect the sequester may be, it is at Now, 3 years ago Admiral Mike Madam Speaker, in recent years we’ve this moment in our history the only Mullen warned our Nation that our na- seen an increase in major weather tool currently available to us to begin tional debt is our biggest national se- events, especially in the continental to point our Nation back toward fiscal curity threat. Now, that was 3 years United States. From record-setting solvency and away from the perilous ago when our debt stood at $13.5 tril- superstorms to severe droughts and fiscal path that we are now upon. devastating wildfires, the recent im- lion. Today we owe over $16.5 trillion. We need to give administrators, espe- pact of climate change cannot be ig- In other words, just since he issued this cially the military command, the flexi- nored. warning, we’ve added more to our bility to set priorities and manage our In my home State of New Mexico, country’s debt than we did in our Na- money accordingly; but the overall se- ranchers and farmers are struggling to tion’s first 200 years of existence. quester reductions must be main- No nation has ever taxed and bor- maintain their livelihoods in the face tained. rowed and spent its way to prosperity, of drought conditions, while last year A few months ago, the chief of sov- but many nations have taxed and bor- wildfires threatened communities that ereign debt for Standard & Poor’s made rowed and spent their way to economic have still not fully recovered. this point: that although the sequester ruin and bankruptcy, and history today A rapidly changing climate affects was insufficient to justify maintaining is screaming this warning at us, that everyone on the planet. Climate change our AAA credit rating, it was at least bankrupt nations aren’t around very impacts agriculture, water supplies, a step in the right direction. He said: long because before you can provide for power and transportation systems, and The sequester was an agreement that Con- the common defense, you have to be even our health and public safety. gress made with itself, and we would view able to pay for it, and the ability of our In the aftermath of Hurricane Sandy any step back from that agreement very neg- Nation to do so is now coming into atively. and one of the worst wildfire seasons in grave question. Madam Speaker, when the history of the western United States that we’ve our era is written, let it not be said ever seen, it’s time to work together on b 1010 that ours was a generation of locusts commonsense solutions that will allow Now, just in the first 4 weeks of this that consumed not only the wealth we us to use power in a smarter manner, year, Congress added more than a third inherited from our fathers and moth- produce clean and abundant renewable of a trillion dollars of new spending to ers, but also stripped bare the futures energy, and reduce emissions through this already crushing burden. The fis- of our sons and daughters. Let us in- energy efficiency. These are things we cal cliff deal added $300 billion and the stead begin a new direction for our Na- should be able to agree on and work to- Hurricane Sandy bill another $50 bil- tion, stepping back from the fiscal gether on in a bipartisan manner. lion, more than 90 percent of which had precipice that threatens to destroy our It is critical that we move forward nothing to do with emergency relief for Nation from within. with a sense of urgency and take mean- storm victims. ingful action that addresses the very Earlier this month, Congress simply f real threats of climate change that are did away with the debt limit altogether INSURANCE PREMIUM PRICE already impacting our country. until mid-May. Two years ago, Con- CHANGES Sequestration is devastating America gress passed the Budget Control Act The SPEAKER pro tempore. The today. Madam Speaker, we just heard that authorized the biggest single ex- Chair recognizes the gentleman from from one of my colleagues. This week pansion of debt in our Nation’s history; Washington (Mr. MCDERMOTT) for 5 we’re scheduled to go on recess on Fri- but Congress at least also agreed to re- minutes. day. I hope that my colleague that duce the projected deficit by $1.2 tril- Mr. MCDERMOTT. Madam Speaker, I spoke today, Madam Speaker, reaches lion over the next 10 years, either rise to talk about the health insurance out to Speaker BOEHNER and ERIC CAN- through the supercommittee or, failing industry and its role in our greatest TOR and says, Keep us in session. Let’s that, through automatic budget reduc- national achievement: full implemen- stop this sequestration from hap- tions called ‘‘the sequester.’’ tation of the Affordable Care Act. pening. And it’s quite simple. The fix Now, the sequester doesn’t actually In the last few weeks, insurance com- to this legislation could be put to- cut spending in any conventional sense panies, companies that reported $12.7 gether in one sentence: Stop it. I guess of the word. After a decade in which billion in profits, had been running a even better, in two words. spending has grown 64 percent, or near- scare campaign arguing that premiums Madam Speaker, we have a sense of ly twice the rate of inflation and popu- will increase later in the year. They urgency across the country when it lation growth, the sequester merely tell us that when they roll out their comes to working on climate change limits the increase next year to about 2014 health care coverage plans, they legislation, but as we talk about the one-half of one percent. will increase premiums unless we impacts to each and every one of our I opposed that act, in part because weaken the Affordable Care Act’s key districts with what sequestration will the sequester was less than one-third of consumer protections. bring with job losses, let’s stand to- what officials at Standard & Poor’s The insurance companies didn’t get gether and stop this. Let’s ask our warned was the minimum deficit re- 100 percent of what they wanted, but leadership to allow us to vote on a sim- duction necessary to preserve our Na- they got a lot. They blocked the public ple couple of words: Stop sequestra- tion’s AAA credit rating. I also ob- option, secured an individual mandate tion, and let’s prevent it from hap- jected to across-the-board cuts that guaranteeing that 30 million Ameri- pening. treat our highest priorities the same as cans soon will be customers. That’s one

VerDate Mar 15 2010 01:30 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.002 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H665 of the most successful lobbying experi- So I’m calling on the health insur- their hard-earned money to the Federal ments I’ve ever seen. ance industry to be team players and Government—which, I might add, has a But now that we are just a few to be good corporate citizens. They bad track record of spending it. months away from full implementation have a lot riding on this roll-out, at There is no denying that the govern- of the Affordable Care Act, the health least as much as the Obama adminis- ment spends too much, but these blind industry is launching what The Wash- tration and the Congress. We need to cuts are irresponsible and will have a ington Post calls ‘‘an all-out, last-ditch work together, not against each other. disastrous effect on our military. Yes- effort to shield themselves from the We have to make this advance work. terday, the Joint Chiefs of Staff testi- blame’’ for the rate increases that they We don’t need to have a scare cam- fied at a hearing that our national se- will impose. Unless they are allowed to paign on television telling people that curity will be put at risk if they are charge significantly more money, they if ObamaCare goes in, your premiums forced to make deep reductions in tell us, the whole system will collapse. are going to go up, and it’s his fault. spending for manpower, training, and Now, this is perplexing. We made They’re the ones with the profits, equipment modernization programs. every effort to address the concerns of they’re the ones with the reserves, This is no longer a debate between the industry when we developed this they’re the ones that are raising the Congress and the White House to gain landmark legislation. It’s also deeply prices. the upper hand. This is real, this is se- troubling that the industry that will They have to be faced with that, rious, and this is the time to take ac- gain so much from health reform is Madam Speaker, because otherwise the tion. In fact, I sent a letter to the now engaging in a misleading PR cam- public is going to be confused. They President this week urging him to act paign against it. Despite unprecedented tried to confuse people all through the now to prevent the harmful fallout profits and surplus cash reserves, it is establishment of the Affordable Care that the sequester will cause. I pray deliberately undermining the law. It Act. They didn’t succeed. And, in fact, that he reads it. While Friday does mark the seques- already succeeded in shaping its bene- when they used it in the campaign, the ter deadline, we have until March 27 to fits. people said, do you know what, we like do the right thing on behalf of our men So let’s take a careful look at their Obama, we like what he did, we want it and women in uniform, as well as the claims. For years, companies have of- to happen. So the insurance companies hundreds of thousands of employees ex- fered healthy young adults junk health had to go back to the trenches and fig- pected to be drastically impacted by insurance at cut-rate prices: plans with ure out a way to confuse the American sky-high deductibles and lifetime lim- the sequester. people. Stop it, insurance industry. If the President continues his unwill- its that didn’t cover much. For $100 a f ingness to stop campaigning and start month, you could get a plan that of- helping the American people who elect- fered practically no useful coverage. SEQUESTRATION ed him to lead, then at the very least Meanwhile, older people with esca- The SPEAKER pro tempore. The we need to allow the Department of De- lating health care costs were stuck Chair recognizes the gentleman from fense and the Department of Veterans with crippling bills or locked out of the Texas (Mr. WILLIAMS) for 5 minutes. Affairs to operate under a budget rath- market altogether. Across the board, Mr. WILLIAMS. Madam Speaker, er than a continuing resolution. This plans dropped consumers, coverage President Obama’s sequester is bad for would give them greater flexibility and changed without warning, and people America. There’s no getting around it. put them in the best possible position of all ages went without care. Good programs are going to be cut, to absorb these across-the-board cuts. ObamaCare will finally put a stop to good people are going to be furloughed; By letting the DOD and VA operate these abuses. and bad leadership from President under a budget, these agencies can pre- With better plans with real benefits Obama is to blame. In the last four vent permanent damage from the arbi- costs, more than the meager plans years, almost every important budget trary sequester cuts. marketed by the industry to young deadline has been met with impasse Madam Speaker, I represent Texas’ people, the stability and affordability and little has been done to enact a re- 25th Congressional District, which in- will win out in the long run. There are sponsible budget. cludes a large portion of Fort Hood— no more games. Instead of avoiding b 1020 one of the largest military installa- risk, the industry will have to manage tions in the world. The United States Systematic failure to perform the it. Army estimates $291 million in cuts for basic responsibilities of governing has ObamaCare will financially help the Fort Hood, including nearly 600 civilian led us to the catastrophic sequestra- large majority of healthy young con- jobs and nearly 30,000 jobs statewide. sumers. In fact, 90 percent of the cur- tion we see today. This is preventable. And quite frank- rently uninsured adults under 30 will President Obama came up with this ly, it’s totally unacceptable. We be eligible for subsidized coverage. Ad- idea for the sequester as a temporary shouldn’t have to move a third bill in ditionally, increased transparency and solution for another fiscal crisis in the House before the Senate finally competition will force rates to drop 2011. As we’ve been saying for months, acts. It’s time for President Obama to further, along with the growing pool of House Republicans are the only ones drop the politics and campaign speech- young participants who are cheaper to who have taken action to balance the es and do something. Putting our pub- cover. We did all this in my home State budget. Last Congress, the House lic safety, national security and econ- of Washington years ago, so I know it passed two bills, the Sequester Re- omy at risk by letting the sequester can be done. placement Reconciliation Act and the pass without preventative action is For the first time, average Ameri- Spending Reduction Act. However, in reckless and destructive. Our troops, cans not insured through a job will get recent remarks at the White House, our businesses, and our families de- health insurance without having insur- President Obama attempted to blame serve better. Americans expect our ance that won’t drop you when you’re House Republicans—who control only President to lead. sick, insurance that won’t discriminate one-half of one-third of the govern- CONGRESS OF THE UNITED STATES, against women, insurance that won’t ment—for the looming cuts. HOUSE OF REPRESENTATIVES, waste your money on excessive mar- If there’s going to be a solution, Washington, DC, February 25, 2013. keting, and will actually cover needed President Obama is going to have to Hon. BARACK H. OBAMA, care. These are the crucial consumer work with his own political party in The White House, protections we fought and got. the Senate and negotiate with the Washington, DC. Which is the heavier price: an extra House. Yet all the President has done DEAR PRESIDENT OBAMA: I am writing to $20 a month for a young person with a so far is call for higher taxes again. He express my outrage over the proposed cuts to healthy income to have reliable insur- got his higher taxes—$600 billion from the Department of Defense as part of the se- questration phase of the Budget Control Act ance or bankrupting an uninsured fam- higher earners, with no corresponding of 2011. As commander-in-chief of the U.S. ily? Meeting the needs of the Nation spending cuts—at the end of 2012. It military, your inaction to prevent these cuts and preserving the well-being of our seems he will not stop until every sin- from happening to our military and their population is healthiest for all. gle American has to hand over more of families is unconscionable.

VerDate Mar 15 2010 01:30 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.005 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H666 CONGRESSIONAL RECORD — HOUSE February 27, 2013 In the 112th Congress, the House of Rep- Employers are hiring thousands of SEQUESTER resentatives passed two bills, H.R. 5652, the skilled workers from our communities. Sequester Replacement Reconciliation Act The SPEAKER pro tempore. The Our State is a vital resource to our Na- Chair recognizes the gentleman from of 2012 and H.R. 6684, the Spending Reduction tion’s military readiness. We were able Act of 2012 which would have canceled the se- Illinois (Mr. QUIGLEY) for 5 minutes. quester of approximately $98 billion in dis- to get there through hard work, inno- Mr. QUIGLEY. Madam Speaker, I cretionary defense, discretionary non-de- vative thought, and intense collabora- rise today because we have to get our fense, and mandatory defense FY2013 spend- tion between community and industry fiscal house in order, but sequestration ing. Neither bill was even considered by the partners. is not the way to do it. U.S. Senate. The House of Representatives In the greater Phoenix area, our There is no question we need to ad- shouldn’t have to move a third bill before economy is currently growing steadily dress our unsustainable debt and def- you or the Senate finally acts. at the rate of 3 percent, but the deep Secretary of Defense Leon Panetta re- icit. Our debt remains above 73 percent cently stated, ‘‘If sequester happens, it is cuts, known as the sequester, would of GDP—up from 36 percent just 6 years going to badly damage the readiness of the cut our growth in half. In fact, Arizo- ago—and our deficit still hovers just United States of America. We have the most na’s potential job losses caused by se- below $1 trillion. But the solution must powerful military force on the face of the questration rank 13th among all U.S. be a big, balanced, and bipartisan def- earth right now. It is important in terms of States. These losses will be felt by fam- icit reduction plan modeled on plans providing stability and peace in the world. If ilies working in ’s defense sec- like Cooper-LaTourette over a 10-year sequester goes into effect, and we have to do tor and military base operations. These period, not the meat-ax approach of se- the kind of cuts that will go right at readi- are skilled, middle class jobs. ness, right at maintenance, right at training, questration. we are going to weaken the United States. Of the nearly 50,000 jobs that we ex- We can’t pursue deficit reduction at And make it much more difficult for us to pect to lose in Arizona from the seques- all costs. The cure shouldn’t be worse respond to the crises in the world.’’ ter, approximately 35,000 are linked to than the disease. The sequester will un- Gen. Martin Dempsey went further in re- military readiness and base operations. dermine our growing—but still frag- cent testimony before the Senate Armed Furloughs will affect 10,000 civilian ile—economic recovery. Services Committee and stated that seques- workers, and Arizonans will experience The nonpartisan Congressional Budg- tration would put our military on a path a devastating $52 million pay cut. et Office predicts sequestration would where the ‘‘force is so degraded and so un- halve economic growth for 2013. An- ready’’ that it would be ‘‘immoral to use the I come home each week and I talk force.’’ about the work that we’re doing in other study projects job loss in 2013 Mr. President, I represent the 25th Con- Congress, but most of the time I come alone would hit 2.1 million jobs, mostly gressional District of Texas which includes a home to listen. A few weeks ago, I had from small businesses. We just went large portion of Fort Hood—one of the larg- the opportunity to listen to plant engi- through this not more than 2 months est military installations in the world. The neers at General Dynamics in Scotts- ago, as we remember, the fiscal cliff. United States Army estimates $291 million dale. They showed me the high-tech Sadly, we seem no wiser for that expe- in cuts for Fort Hood including nearly 600 ci- and innovative defense products that rience. We continue to bicker rather vilian jobs, and nearly 30 thousand jobs than plan; we posture rather than ne- statewide. This is preventable! Let’s cut the were coming right out of our own com- nonsense—drop the politics, drop the cam- munity, built and programmed by our gotiate; we delay rather than decide. paign speeches, and do something. friends and neighbors. This type of in- We go from one crisis to the next, We shouldn’t put our national security, novation in our own backyard is the fu- thereby threatening our economy and public safety, and the economy at risk by ture of our State, and that future is in further undermining the public’s ten- letting the sequester pass without preventa- danger. uous faith in its political institutions. tive action. Our troops, our businesses, and Last week, a bipartisan group of city We lack a comprehensive approach to our families deserve better. Mr. President, just about every challenge we face, in- Americans expect you to lead. elected officials, business leaders, and community advocates gave me a mes- cluding climate change, energy, trans- Sincerely, portation, health care, social insur- ROGER WILLIAMS, sage to bring back to Congress. I’m . proud of their joint effort, and I’m ance, defense spending, immigration reform and gun violence. It is manage- f proud of their service to our commu- nity. I consider it a privilege to deliver ment by paralysis. It’s budgeting with SEQUESTER their message. a meat cleaver. It’s absurd, and it has to end. The SPEAKER pro tempore. The In our State, we are concerned that Congress will turn the clock back on The sequester lops off $1.2 trillion Chair recognizes the gentlewoman from from the Federal budget over the next Arizona (Ms. SINEMA) for 5 minutes. Arizona’s hard work and progress. We are worried about hardworking fami- decade, cutting $85 billion just this Ms. SINEMA. Madam Speaker, my year. State, Arizona, has made tremendous lies losing their jobs. sacrifices in the struggle to stand As the granddaughter of a World War b 1030 strong through our Nation’s fiscal cri- II veteran and a proud sister of a gun- Over the last week, I have met with sis. Today, Arizona is last in education ner’s mate in the U.S. Navy today, I re- dozens of groups for whom the seques- funding, last in retail growth, and first member every day that it is our moral ter is not some abstract budgeting in home foreclosures. duty to do right by the men and women term. For these organizations and peo- I’m proud to say, however, that Ari- in uniform who risk their lives to keep ple back in my district, sequestration zonans are resilient. We are tough. Our us safe. will have real, damaging effects. State was forged out of rugged Avoiding the sequestration should I met with the AIDS Foundation of frontierism—we’re independent and we not be about partisanship or finger- Chicago, which explained that under have deep respect for the traditions pointing; it’s about jobs. It’s that sim- sequestration in Illinois, 125 AIDS-af- that make us Arizona. We’ve never ple. I stand with the dean of our flicted families will lose their housing. shrunk from a tough fight and we’ve State’s delegation, Senator JOHN Another 613 people in Illinois won’t re- never been afraid to roll up our sleeves MCCAIN, when I say that this sequester ceive their medication through the and work hard. Right now, we’re work- will be devastating for Arizona. It’s bad AIDS Drug Assistance program, which ing hard to climb out of the recession for hardworking Americans, and it will be cut by $3 million. I also met that we all face together. It hasn’t turns a blind eye to my State’s proud with the Illinois Partners for Human been easy, but we’re doing it. efforts and proven perseverance. I af- Service and heard from the Ounce of Arizona is sixth in the Nation for de- firm my commitment to working with Prevention Fund. Both groups in- fense sector jobs. Most of these are pri- anybody who’s willing to put our dif- formed me that 4,000 children in Illi- vate sector jobs. Employers have come ferences aside and put the people we nois won’t receive Head Start services to Arizona because of our people and serve first. under sequestration. Thanks to seques- our work ethic. We innovate and com- We still have time to stop this. Let’s tration, 4,100 college students in Illi- pete alongside booming defense States roll up our sleeves together and get the nois won’t receive Federal work-study like California, Texas, and Virginia. work done. assistance.

VerDate Mar 15 2010 01:30 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.002 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H667 The bigger picture in Illinois is trated, and I understand why. When I growth and bring our unemployment equally devastating. Sequestration will went home last week, I met with peo- rate down. And by growing the econ- cost Illinois more than 53,000 jobs and ple from all kinds of professions and all omy, we will fix our fiscal problems. $5.3 billion in the State’s economic out- walks of life, and their concerns could Now, that doesn’t mean I don’t see a put. Nationwide, sequestration threat- not have been more different from place for responsible restraint. As the ens our physical safety as well as our what we talk about right here in Wash- former chair of the Joint Finance Com- economy. Ten percent of the FAA’s ington. What they care about is what mittee in Wisconsin, I understand that workforce could be furloughed, result- all families care about: how can they when you put together a budget, tough ing in reduced air traffic control, make a living so they can pay their decisions have to be made, and you can longer delays, and economic losses for bills, provide for their loved ones, and stay up all night agonizing over the our tourism industries. Meat and poul- create opportunities for their children. smallest details, the tiniest programs, try inspectors at USDA would also face They don’t care about political fin- because these programs make a dif- furlough, potentially shuttering meat ger-pointing. They care about how we ference in people’s lives. It’s a lot of processing facilities and even affecting in Congress can support an environ- work, and it should be, because our restaurants and grocery stores. Layoffs ment where businesses can attract budget priorities have a direct effect at the FDA would mean 2,100 fewer more buyers for their products, hire on our middle class families and on safety inspectors. There would be 25,000 more workers, and increase wages; in long-term economic growth. But the fewer breast and cervical cancer other words, how do we grow the econ- sequester trades in the tough work and screenings for low-income women. omy. replaces it with massive, indiscrimi- Mindless cuts to military and law en- What I told them, and what I’ll re- nate, and irresponsible spending cuts. forcement affect our ability to protect peat here today, is that the sequester It’s like taking a meat cleaver to the our borders and meet the ever-present and its irresponsible, indiscriminate budget instead of a scalpel. threat of terrorism, both here and and across-the-board spending cuts is It could cost 750,000 jobs nationwide, abroad. the exact opposite of what we need to including 36,000 jobs right in Wisconsin. Madam Speaker, this is unaccept- be doing right now to grow our econ- It could mean 70,000 students across able. Somewhere along the way, buried omy. Taken as a whole, these spending the country, and 1,000 in my State, in the din of the 24-hour news cycle and cuts represent a harsh austerity policy would see their Head Start services partisan bellowing, we lost the art of that I fear could only move our coun- eliminated this year, and it would compromise. But that’s what allowed try backwards. mean $900 million less in loan guaran- the passage of civil rights legislation We’ve seen in Europe the severe ef- tees to small businessowners nation- in the 1960s and saved Social Security fects austerity policies have had on wide, including in Wisconsin. in the 1980s. Legislators of both parties fragile economies working their way Now, I’m a cosponsor of a plan put sat down and talked to each other, not back from recessions. Four years after forward by Representative VAN HOLLEN past each other, to hammer out their the global economic crisis, our friends that would avert these disastrous differences and achieve something that across the ocean are at risk of a triple- spending cuts and replace them with a made this country better. dip recession. Unemployment is climb- balanced approach that promotes eco- I have no illusion that everyone in ing; and even with these massive nomic growth while responsibly reduc- this body agrees with my ideas about spending cuts, countries have seen ing the deficit. I strongly urge my col- reshaping Pentagon spending or re- their debt loads increase. Is this the leagues to come to the table, stop this forming entitlements to ensure they model we want to follow in our coun- irresponsible sequester, and then provide benefits for generations to try? refocus our efforts. come; but I do know that making the Madam Speaker, we must remember The time has come to stop talking changes that are best for the long-term that the biggest threat to our long- about harmful spending cuts and start interests of this country can’t be ac- term economic security is not the def- talking about getting the people of complished overnight. These decisions icit. It’s the economy. It’s a lack of Wisconsin and of America back to require our best effort and precise plan- jobs, and it’s about the more than 12 work. We need less austerity and more ning. As the threat of sequester has million people who are unemployed in prosperity. We don’t have time to painfully revealed, a chain saw is no this country. waste. way to create a budget for the most I own a printing shop in Wisconsin; f powerful country on Earth. and as a small businessowner, I can tell SEQUESTRATION AND WEST POINT f you that it’s about the lack of access to capital because of economic uncer- The SPEAKER pro tempore. The JUMP-STARTING THE ECONOMY tainty, it’s about a lack of consumer Chair recognizes the gentleman from The SPEAKER pro tempore. The confidence, and it’s about people need- New York (Mr. SEAN PATRICK MALO- Chair recognizes the gentleman from ing to get back to work. These are the NEY) for 5 minutes. Wisconsin (Mr. POCAN) for 5 minutes. issues we need to address, not aus- Mr. SEAN PATRICK MALONEY of Mr. POCAN. Madam Speaker, as a terity; and we are not going to create New York. Madam Speaker, earlier this lifelong Wisconsinite and a proud resi- jobs or help spur spending by gutting week, I was home in the Hudson Valley dent of Madison for the last 30 years, I critical government programs without at the United States Military Academy am deeply humbled and honored to rep- any thought to the consequences. To at West Point talking to the cadets resent Wisconsin’s Second District in people in Wisconsin, that’s just politics there to better understand these arbi- the House of Representatives. The Sec- as usual. trary cuts to that legendary American ond District is home to a world-class We need to change the conversation institution that will happen if we fail university, innovative small right here in Washington. We need to to act. businessowners, and hardworking dairy be talking about what people are talk- West Point has been educating and farmers and cheese makers who ing about in Beloit, in Baraboo, and in training our Nation’s next generation produce the best milk and cheese you Sun Prairie. Instead of asking about of military leaders since 1802. It is as can find. how much we can cut, we need to be old as the Nation itself. Each year, I ran for Congress because I wanted asking ourselves how we can jump- over 1,000 young men and women from to ensure these voices, the voices of start the economy, how we can invest all across our country step into the south central Wisconsin, are heard, re- in our future, and how we can support long gray line where two American spected and represented in Washington. our local small businessowners who are Presidents, 18 astronauts, 74 Medal of And I am committed to serving their the backbone of our communities. Honor recipients, 70 Rhodes Scholars, needs by working with my colleagues— That’s how we’ll fix the economy. and three Heisman Trophy winners all of my colleagues—regardless of We need to support education, infra- have stood before them. party affiliation. But I hate to say it, structure projects, research and devel- These kids take the hard road. They Madam Speaker, right now the people opment, and new industries such as give up the easy life to serve us and our of Wisconsin’s Second District are frus- green energy that will help lead to job country. For many of them, their time

VerDate Mar 15 2010 01:30 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.008 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H668 CONGRESSIONAL RECORD — HOUSE February 27, 2013 at the Point is just the beginning of a SEQUESTRATION of 287 ships which must be repaired and lifetime of selfless service. Indeed, The SPEAKER pro tempore. The maintained constantly to make sure scores of West Point graduates—recent Chair recognizes the gentleman from that they’re available for operations. West Point graduates—have made the Connecticut (Mr. COURTNEY) for 5 min- I represent southeastern Con- ultimate sacrifice serving us in Iraq utes. necticut, the home of Electric Boat and Afghanistan. Mr. COURTNEY. Madam Speaker, it While I was there, I had the oppor- shipyard that builds and repairs nu- just came over the newswire a few min- clear submarines. We have the USS tunity, in fact, to walk among the utes ago that on Friday morning, graves of the heroes buried there on Providence slated to come in for a March 1, there will be a meeting at the needed overhaul and repair later this that beautiful plain high above the White House involving President fiscal year. The Navy has notified the Hudson River. Many are buried by year Obama, the leadership of the House, shipyard that that work is going to be with the classmates with whom they Speaker BOEHNER, and the leadership suspended. That’s 200,000 man-hours for went to school. of the Senate, Senate Majority Leader welders, for shipwrights, for machin- Tomorrow, General Norman REID to begin a process of talking Schwarzkopf will be laid to rest in this about resolving the issue that we’re ob- ists, for electricians that do amazing cemetery; and in that very hour, we viously confronting as a Nation a few work with incredible skills to make will be here facing a choice of whether hours away, which is an automatic sure that our fleet is capable of meet- we will ask more of those who love and mechanism put into effect by the Budg- ing the mission requests that are out serve West Point or whether we will et Control Act of 2011 to cut discre- there. The USS Miami, which is a sub- look elsewhere. tionary spending across the board. marine that was burned in an arsonist b 1040 I begin with that point because, in fire last year, is another repair job which EB was going to be on the road If we do nothing, sequestration will fact, that really should have been hap- helping the shipyard workers in clobber West Point with $92 million in pening months ago. In fact, that was arbitrary cuts. In fact, West Point is the intent of sequestration, which is a Kittery, Maine, to make sure that that taking the biggest cut of any Army in- mechanism that was created in 1985 by critical vessel was going to be back in stitution in New York. Sequestration the Gramm-Rudman-Hollings legisla- the fleet. That project has now been means that our cadets will continue to tion that set up the formula for seques- put on ice because of sequestration. live and train in outdated facilities tration that cut across defense and These are just totally irrational, de- that are over 40 years old. It means non-defense programs. And as Senator structive outcomes for a bill which was Phil Gramm, who was the inventor of that furloughs will happen for 1,300 em- designed to force compromise. It was sequestration, said in a speech a couple ployees working there. not to be a policy, not to be an out- of years ago: It was never the objective The men and women who feed, in- come. When you look at Admiral of Gramm-Rudman to trigger seques- struct, and protect our Nation’s next Greenert, the CNO of the Navy, who is ter. The objective of Gramm-Rudman generation of military leaders one of the most outstanding leaders in shouldn’t lose their jobs because this was to have the threat of sequester force compromise and action. our country, he has cancelled the USS Congress can’t do ours. Sequestration Harry Truman, which is a carrier is a terrible idea. It is the dead hand of In other words, this was a mechanism that was designed to hurt. It was de- strike force that was scheduled to go the last Congress reaching out to over to the Middle East to fly air-cover strangle economic activity. We are 2 signed to create so much pain politi- missions for our troops in Afghanistan, days away from the deadline, and there cally that the two sides, which again to keep the Strait of Hormuz open are people here who actually think it’s were in a similar point of gridlock in where 20 percent of the world’s oil sup- a good idea to let it happen. 1985, would begin the process of nego- I believe we need to cut spending. I tiation to deal with a structural def- ply passes every single day. This is a believe we need to bring down our debt icit. policy or an outcome that threatens and start balancing our deficit. But we If you look at the history of what oc- the military readiness of this country. have choices: we can end lavish tax curred from 1985 up until early 2000, Secretary Panetta at the Department breaks to private jet owners before we that pressure actually did force Con- of Defense and General Dempsey, the ask the kids at West Point to do with gress to face up to the fact that we Chairman of the Joint Chiefs, has made less; we can stop giving tax breaks to could not continue to pile up deficits that crystal clear. companies that ship our jobs overseas and burden our children and grand- So the stakes could not be higher for before we weaken the Long Grey Line; children with further debt. Unfortu- our country to make sure that this and we can end massive tax cuts for oil nately, in this present Congress, it’s process, which belatedly is starting on companies before we weaken a great taken a little longer for the message to Friday morning, is going to result in American institution like West Point. get through, but, nonetheless, the smart, balanced ways to reduce the def- This Congress has a clear choice. And meeting that’s scheduled on Friday icit. for those colleagues who choose to do morning hopefully is going to begin the nothing, I ask you to head home to process of having the two sides do what I can offer one big idea that will get your district and explain to the kids their predecessors did in the eighties us to that point. I sit on the Agri- whom you nominated to West Point and nineties and begin the process of a culture Committee, which is a great bi- that these are good ideas and necessary balanced plan to eliminate the struc- partisan committee that’s been work- sacrifices, that it’s better for them to tural deficit that our Nation confronts ing hard in terms of reforming ag pol- sacrifice than for private jet owners, today. icy in this country. It is time that the for big oil companies, or for companies Yesterday, President Obama was over direct payment system to farms comes that ship our jobs overseas. in Newport News, Virginia, talking to to an end. The good news is that Re- The Army’s motto is ‘‘This we’ll de- shipyard workers about the fact that publicans and Democrats on that com- fend.’’ West Point is something that we the Navy, which is obviously a critical mittee and Republicans and Democrats should defend because the cadets there part of our Federal Government, now in this Chamber agree on that. We can will continue to honorably serve all of has to hit spending cut targets over the help farmers deal with the vagaries of us and our country. next 7 months. We’re 5 months into a weather and unexpected events Congress doing nothing is not a fiscal year right now. They have begun through risk insurance, which is far choice. It’s not good for our cadets, and the process of cancelling the refueling cheaper to the U.S. taxpayer than di- it’s not good for our country. Let’s stop of the USS Lincoln, one of our 10 air- rect payments. That will save $30 bil- this series of self-inflicted crises and craft carriers which are so critical to lion over the next 5 years. That is a work together to reach a balanced force projection in this country. And huge step forward that we can use as a compromise to replace these across- he was absolutely right to be there. building block to avoid these horrible the-board cuts with a smart, balanced This is a program which, if it is can- outcomes and make sure that Senator approach that will address our fiscal celled or delayed, it’s going to daisy- Gramm’s warning to us is heeded by challenges. chain its way through our Navy’s fleet this Chamber and by this Congress.

VerDate Mar 15 2010 01:30 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.009 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H669 SEQUESTRATION questration takes effect, their primary tation services for our seniors, who depend source of health care, the Indian on shared rides to remain independent in The SPEAKER pro tempore. The their homes; Chair recognizes the gentlewoman from Health Service, will take a major hit. Cinda Waldbuesser, the senior Penn- Arizona (Mrs. KIRKPATRICK) for 5 min- Other Federal programs, such as Medi- utes. care, Medicaid and veterans benefits, sylvania program manager for the Na- Mrs. KIRKPATRICK. Madam Speak- are exempt from sequestration cuts. tional Parks Conservation Center, said: er, the voters sent us to Congress be- The Indian Health Service is not ex- Every national park in the system would cause they want solutions, but reck- empt. IHS may be cut by over $200 mil- be affected, including treasured places like Gettysburg, Independence Hall and Valley less, across-the-board cuts are not solu- lion. What does a cut like that mean to Forge, and the local economies that depend tions. We are just 2 days away from the on visitor spending would also suffer. start of these cuts known as sequestra- tribal communities in my district? It would mean losing hundreds of The President and House and Senate tion, 2 days away from hurting, rather jobs. It would mean cuts in primary Democrats have put forth a balanced than helping, the people who elected health care. Nationwide, it’s estimated solution that would replace the across- us. that 3,000 fewer people would be admit- the-board cuts with a plan that does Let me share with you some exam- for inpatient care and that 800,000 cut spending but that raises revenues ples. fewer Native Americans would be able I represent Arizona’s District One. and builds economic opportunity for all to receive outpatient visits. of us in this Nation. Republicans have This is a vast, beautiful, mostly rural Hurting our tribal communities is district. It’s larger than the State of yet to offer a balanced plan or to be not a solution. The consequences of willing to engage in the serious discus- Pennsylvania. My district includes one these cuts are not TV sound bites. of the greatest natural resources of the sions of a reasonable bipartisan alter- They are real, and they hurt my dis- native for our seniors, our children, our world, the Grand Canyon, and many trict and our Nation. It will take both other national parks. The Grand Can- first responders, our teachers, our ci- parties working together to find a re- vilian workers in the Department of yon is not only an environmental sponsible, thoughtful solution to our treasure; it is an economic driver. It Defense, our law enforcement officers, budget challenges. It will take both our public health professionals, our brings $700 million to our economy and parties working together to put a stop creates 12,000 jobs annually. qualified medical researchers—who re- to these reckless cuts of sequestration. search not only at NIH but at medical If our national parks are forced to So let’s work together, and let’s show cut operating hours, cut services or centers across our country—and busi- the American people that we are a Con- ness owners who are seeking loan guar- even close facilities, we will be hurting gress that can find solutions. the economy, not helping it. Thousands antees. f of jobs and small businesses are con- I could go on and on. You’ve heard nected to the national parks in my dis- SEQUESTER some of the examples, but the fact is trict and across our Nation. Hurting The SPEAKER pro tempore. The that all Americans are counting on us our national parks is not a solution. Chair recognizes the gentlewoman from to act. It is our responsibility to act, and we should. I’m also concerned about how seques- Pennsylvania (Ms. SCHWARTZ) for 5 tration will hurt education. Thousands minutes. I urge my Republican colleagues to of low-income students in Arizona Ms. SCHWARTZ. There are just 2 reject their partisan, one-sided ap- would no longer receive aid to help days that are left for Congress to work proach and to be willing to work with cover the cost of college. Work study together to avert these very deep, us to find common ground and to reach jobs would be eliminated, and Arizona across-the-board, automatic cuts to a solution to deficit reduction that is the largest recipient of impact aid our domestic priorities. takes a balanced approach; that re- funding in the Nation. Impact aid com- The Obama administration released a spects our obligation to Americans, pensates local school districts for rev- State-by-State report outlining the particularly our seniors and our chil- enue they lost due to the presence of harmful impact these cuts would have dren; that strengthens the middle federally owned and, therefore, tax-ex- on middle class families, on jobs and on class; that creates certainty for the empt property. economic growth. Yet Republicans con- business community and for our middle tinue to reject any balanced approach class consumers; and that creates op- 1050 b to deficit reduction presented by House portunities for families and businesses It compensates local school districts and Senate Democrats, which includes across the country. for costs incurred due to federally con- spending cuts, additional revenues and The meeting called this morning by nected students. economic growth. Moving from crisis the President is an opportunity to find What are federally connected stu- to crisis does not move us any closer to that solution, and I encourage Repub- dents? finding a long-term solution to deficit licans to take this moment seriously, These are students who are Native reduction. Instead, these crises cause to be willing to compromise in order to American, who have a parent in the uncertainty, inhibit private sector in- avert these cuts and to set us on a path military, or who live on Federal prop- vestment, undermine consumer con- to both deficit reduction and economic erty. fidence, and slow economic growth. growth. It is not too late. It is increas- In my district in 2012, for example, In Pennsylvania, thousands of jobs in ingly almost too late, but let’s get it the Chinle Unified School District re- both the public and private sectors are done on behalf of the American people ceived more than $22 million in impact at risk of elimination due to the inac- and our future. aid. Sequestration cuts would deeply tion of House Republicans—from ele- f affect a district like Chinle’s. It would mentary school teachers to scientific PROTECTING SMALL BUSINESSES hurt its capacity for everything from researchers. Here are just a few exam- transportation to staffing and from ples: The SPEAKER pro tempore. The construction to classroom size. Hurting Sharon Easterling, who is the execu- Chair recognizes the gentleman from our schools and our students is not a tive director of the Delaware Valley Michigan (Mr. BENTIVOLIO) for 5 min- solution. Association for the Education of Young utes. Madam Speaker, what about our trib- Children, said that Republican inaction Mr. BENTIVOLIO. Last quarter, the al communities? would hurt Pennsylvania’s children as economy actually shrunk rather than My district has 12 Native American ‘‘nearly 2,300 Head Start children will grew. That’s unacceptable. Something tribes; 25 percent of my district is Na- lose access to preschool almost imme- has to change. tive American. These are residents of diately’’; As I’ve traveled throughout my dis- some of our most remote and rural Holly Lange, who is the president of trict in Michigan, business leaders tell communities. The median household the Philadelphia Corporation for me the same thing over and over again: income is $7,000 a year. These folks Aging, said: It’s too hard to start or to expand my often struggle with access to the most These cuts may force the Philadelphia Cor- small business because I can hardly un- basic medical care and resources. If se- poration for Aging to limit vital transpor- derstand how to comply with the latest

VerDate Mar 15 2010 01:30 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.011 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H670 CONGRESSIONAL RECORD — HOUSE February 27, 2013 regulations that have come out of ness Administration, is given a 6- It’s like I’m Bill Murray in the movie Washington. month grace period to correct the prob- ‘‘Groundhog Day,’’ where every morn- It appears this is no longer a Nation lem before being sanctioned. It allows ing I wake up hoping it is a new day, of laws but of regulations—more than for an extension of 3 more months if and every morning I wake up to the 80,000 pages at last estimation. And the business is making a good-faith ef- same maddening song. It’s the song of they’re right. Over the last 4 years, the fort to correct the problem, and if the a failed Republican leadership doing number of business regulations has problem is corrected, at the end of the absolutely nothing—nothing all over skyrocketed, and the result has been grace period the fine is waived. again. the worst economic recovery in nearly This allows small companies to have Talk about a do-nothing Congress. a century. We’ve had such weak eco- a chance at becoming compliant with- The 112th Congress passed just 283 bills, nomic growth that I’m not even sure out being hit with devastating fines. It and 22 percent of them were bills to we can call it a recovery. The millions levels the playing field and keeps thou- name post offices, courthouses, and of people still out of work sure haven’t sands, if not millions, of American other projects. So when you break it recovered. workers in their jobs because over 60 down, Congress really only voted to As many of you know, I own a small percent of new work in America is cre- pass two bills a week—two bills a week. business. I understand what it’s like to ated by small businesses. Giving com- We can do better than this, but we need work hard in trying to build a business panies a grace period may seem con- to work together. from the ground up. The small business troversial, but I’d like to dispel some When I speak to my fellow Democrat owners I know back home are not try- concerns I’ve heard since I’ve intro- Members, there is a frustration. They ing to game the system, and they’re duced this bill. are frustrated because we’ve seen the not trying to manipulate the market What about environmental issues? pain and fear in the people we speak to to gain a competitive advantage. What Contamination will only be covered if back home. There’s frustration because they’re trying to do is build lives for the small business can actually clean it we are ready to work. That’s why I was their families. They’re trying to put up within 6 months. This gives more sent here. That’s what I was sent here food on their tables, send their kids to incentive to fix the problem because, if to do. So let’s stop the nonsense and let’s college, and put a little savings away the choice is between closing up shop get to work. The effects of sequestra- for the future. They’re good, honest, due to an oppressive penalty or clean- tion are real. Maybe people don’t un- hardworking people who are trying to ing up their mess and staying in busi- derstand what the word ‘‘sequestra- carve out a small slice of the American ness, the latter is going to be chosen. tion’’ means, but when they start to Dream. Furthermore, this bill gives a grace pe- lose vital services that they need to These small business owners try to riod for regulations, not law. Any live, it is going to devastate working follow the rules, but it’s becoming breaking of property law will still be families, the middle class, and the vul- more difficult to do so. This may come prohibited. nerable in my district. as a surprise to bureaucrats here in What if an accident occurs? Firstly, In New Jersey alone, more than 40,000 Washington, but most small businesses most violations that could cause harm people could lose their jobs. New Jer- don’t have legal departments. They to people are largely covered under an sey will lose $17 million in funding for have their spouses, family members or exception in the bill. Secondly, this teachers, aids, and staff who help dis- friends who are trying to get them bill does not prevent workers from abled children. Thirteen hundred chil- through all the red tape. These busi- suing for damages if their company dren in New Jersey will be cut from nessmen and women are too busy cre- fails to keep their work environment Head Start. Eleven thousand civilian ating wealth and jobs to constantly safe. This bill really only affects sanc- Department of Defense employees will stay up to date with the thousands of tions in issues of prior restraint. be furloughed. Senior Meals on Wheels new regulations being thrown at them f programs will lose nearly half a mil- from the White House. The work of SEQUESTRATION lion in funding in New Jersey, possibly compliance is not done in a skyscraper the only meal they have for the day. The SPEAKER pro tempore. The downtown. It’s done around a kitchen And funds will be slashed for victims of Chair recognizes the gentleman from table after a hard day’s work. domestic violence, resulting in 700 vic- New Jersey (Mr. PAYNE) for 5 minutes. For example, a few weeks ago, a lib- tims not receiving the care that they Mr. PAYNE. Madam Speaker, I stand eral writer for Slate.com wrote about need to survive. the difficulties he faced when he tried here today in absolute disappointment Right now, Democrats have a plan on to start his own small business and with this body and the total lack of Re- the table that will stop sequestration how surprised he was at his experience. publican leadership. I can’t even begin and start reducing the deficit in a bal- After describing the problems he’d had, to express the disappointment I have anced way. It’s a plan that cuts spend- he concluded that red tape, long lines, with the GOP leaders who choose to ing responsibly, closes corporate tax inconvenient office hours, and other play a game of chicken rather than do loopholes, protects the most vulner- logistical hassles probably won’t stop something to save 2 million American able, and ensures millionaires pay their tomorrow’s supergenius from launch- jobs. fair share. And you know what? More ing the next great billion-dollar com- After more than 20 years of watching than 76 percent of the American people pany, but it’s a large and needless de- my father serve the 10th Congressional support a balanced plan. terrent to the Nation of humble worka- District of New Jersey, the district Including today, we have 3 days to day firms that, for many people, are a that he loved, I came here to Wash- go; and with $85 billion in automatic path to autonomy and prosperity. ington to do the same. I came down deep spending cuts on the chopping here to get to work, to dig in, to get b 1100 block, it’s time for Washington to stop my hands dirty, and to help resolve the playing games, stop pointing fingers He also said: pressing issues that will ruin this coun- and do what’s right by the American Ideology aside, simply putting a little try if ignored. people. That’s what the American peo- more thought into the process could make As we speak, people are terrified; and ple expect, and, quite frankly, that’s things much easier. if they aren’t terrified, it’s because what they deserve. I agree. That’s why I introduced the they’ve stopped listening to the par- Madam Speaker, I ask unanimous Protect Small Business Jobs Act of tisan bickering. But make no mistake, consent to bring H.R. 699, the Stop the 2013. these cuts will be unimaginable to peo- Sequester Job Loss Now Act, to the For too many businesses, the central ple across the country and to people floor. planners in the numerous agencies of across New Jersey’s 10th Congressional The SPEAKER pro tempore. Pursu- this government have set up road- District. ant to the order of the House of Janu- blocks to their success. My bill offers a So I ask my colleagues: why are we ary 3, 2013, the House is in session sole- simple correction. If found to be in vio- here again? Why? We’ve played this ly for the purpose of conducting morn- lation of a Federal regulation, a small game before, heard this tune, danced ing-hour debate. Therefore, the gentle- business, as defined by the Small Busi- this oppressing musical number before. man’s request cannot be entertained.

VerDate Mar 15 2010 01:30 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.013 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H671 Mr. PAYNE. Madam Speaker, I’m change and, indeed, in some cases, has gether. Now, more than ever, that’s deeply saddened for the American peo- institutionalized bad decisions. what Congress and the President needs ple that we are unable to bring this bill We haven’t scaled back our horribly to do. That’s what the American people to the floor and stop the loss of 2 mil- expensive, outmoded, inefficient nu- and my constituents overwhelmingly lion American jobs. clear deterrent program, maintaining want. f perhaps 8–10 times the warheads for If people do not come to the table what we need for actual deterrence and work together by March 1, this SEQUESTRATION today with three massive, expensive, Friday, more than 70,000 jobs are at The SPEAKER pro tempore. The redundant delivery systems that are risk in my State alone. At Hancock Air Chair recognizes the gentleman from out of sync with today’s threats. We Base, New York National Guard em- Oregon (Mr. BLUMENAUER) for 5 min- haven’t used nuclear weapons for the ployees, 280 of them are at risk. Two utes. last 68 years. We probably won’t use hundred eighty National Guard em- Mr. BLUMENAUER. The sequester them for the next 68 years, and there is ployees at the 174th Attack Wing will drama that we are watching play out no imaginable circumstance when we be furloughed, notwithstanding the this week is exactly why I voted would use even a fraction of the weap- fact that this unit is flying missions in against the New Year’s Day budget ons we have. And the cost for that con- Afghanistan as we debate these issues. package. servatively is in excess of two-thirds of Automatic spending cuts will force Two months ago, all of the forces $1 trillion over the next 10 years. the FAA to cut air traffic controller were aligned to force a bigger agree- We’ve never come to grips with the shifts and potentially eliminate over- ment, but we set our sights too low. It cost of an all-volunteer Army. Our night shifts at the Syracuse Hancock generated too little revenue, and, most forces are significantly above what we International Airport and other up- importantly, there was not a funda- had a decade earlier when we were sup- state New York airports. Cuts will also mental reform in the way that we do posedly staffed to fight two wars simul- force TSA to cut back on personnel, in- business. taneously. We need to scale that down, creasing wait times by an hour or more We merely put off the fiscal cliff in to refocus it, to supplement reductions at many airports. This will have a order to have not one, not two, but in troop levels with beefed-up support chilling effect on a still-fragile eco- three such dramas between now and to the National Guard, which is far nomic recovery. next summer. Friday is the sequestra- more cost-effective and easier on our Seventy thousand New York college tion; March 27, the continuing resolu- troops. students will lose tuition assistance, tion runs out; and sometime this sum- We need to reform our bloated, fos- and across the country, 70,000 deserving mer, the Treasury Department is going silized, outdated farm bill to spend children will lose Head Start. Now, to to run out of capacity to keep juggling less, help more farmers and the envi- keep America strong we are told that the national debt, and we face that ronment, and show that we can rise we need to make sure for our national drama all over again. above politics and habits to have a security and our economy that we im- Actually, there’s a fourth cliff if you farm program for this century, not prove STEM education, science and count the so-called ‘‘dairy cliff’’ which 1949. The majority of farmers and technology. This is doing the opposite. will potentially double milk prices in ranchers in the United States get noth- We need to take a balanced approach, September. ing. The majority of the support flows trimming where necessary instead of The path forward is to focus on areas to the top 10 percent, who don’t need it these arbitrary sweeping cuts that hurt of potential agreement between the at all, and it distorts our international middle class families. right and the left. A great place to trade posture. This is not a partisan issue. The Re- start is health care. Reform is taking The final looming threat is the dys- publicans on this floor have spoken place around the country. And, in fact, function, unfairness, and inefficiency about how bad these arbitrary cuts are nowhere is it more exciting and prom- of our tax system. It costs us huge and how damaging they might be. Our ising than what is happening in Oregon sums to administer. It leaks hundreds Nation needs to get its fiscal house in where we are working in concert with of billions of dollars in tax avoidance, order, and we need to do it right away, the implementation of the Health Care evasion, and mistakes, to say nothing not on the backs of our middle class Reform Act to squeeze out waste and of misplaced incentives, and it costs and seniors, and not at the expense of inefficiency. We are working to reward over $160 billion a year to administer. thousands of jobs. value instead of volume, and the Fed- Now, clearly there’s a need for more Now, there is a specific plan to do eral Government has bet $1.9 billion revenue in a growing and aging popu- that. It balances cuts with revenue in- that we will be able to reduce health lation, but fundamentally, we need a creases. care inflation at least 2 percent a year new broad base of support that will Madam Speaker, I ask unanimous and maintain quality. help us pay the transition necessary consent to bring up H.R. 699 with this balanced approach. b 1110 for a reformed system. Madam Speaker, this is not rocket The SPEAKER pro tempore. Pursu- Helping people stay well rather than science. This is within our capacity. ant to the order of the House of Janu- paying people for disease and illness is We ought to get started on it now. ary 3, 2013, the House is in session sole- a logical way to go. After all, the Af- f ly for the purpose of conducting morn- fordable Care Act embedded every one ing-hour debate. Therefore, the gentle- of these major reforms that used to be SEQUESTRATION man’s request cannot be entertained. bipartisan, that had been implemented The SPEAKER pro tempore. The Mr. MAFFEI. Well, Madam Speaker, by business, health care plans in red Chair recognizes the gentleman from I do understand that, but I do hope States and blue States, that had been New York (Mr. MAFFEI) for 5 minutes. that the leadership of this House con- advocated by Democratic and Repub- Mr. MAFFEI. Thank you, Madam siders just doing a vote, a regular up- lican Governors alike, and, indeed, sup- Speaker. or-down vote, on this or any plan to ported by Members of the House and Since becoming central New York’s avoid these arbitrary cuts. Senate in both parties. Instead of fight- new Representative, I have met with We need to institute better programs ing health care reform, we ought to ac- over a hundred business owners and de- and methods to root out waste, fraud, celerate it. If we can deliver on the Or- velopment leaders in my community. and abuse and ensure that taxpayer egon promise, it in and of itself will I’ve visited universities, the hospitals, dollars are being used most efficiently. save more money nationally over the the factories, the public schools, and There’s no question about that. We next 10 years than we’re arguing about I’ve met with local leaders and law en- also need comprehensive tax reform with the sequestration. forcement and public safety. The one that finds revenues in ways that don’t We also must address the huge budg- message I keep hearing throughout my hurt the middle class, like ending the et challenges that are facing the Pen- district is that we need to work to- tax loopholes for corporations that tagon, in large measure because nei- gether to grow and strengthen our mid- ship jobs overseas and ending the tax ther it nor Congress has insisted on dle class and create jobs. Work to- breaks for big oil and gas companies.

VerDate Mar 15 2010 01:30 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.039 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H672 CONGRESSIONAL RECORD — HOUSE February 27, 2013 Madam Speaker, our plan is a bal- hand. Keep us mindful that one day we Driggs, Idaho, and the subsequent 22 anced approach. More spending cuts shall stand in a greater room and give years in Post 20 in his current home of and modest revenue increases. Now is an accounting of the decisions made Rigby, Idaho. not the time for partisan politics. With this day. Mr. Derrick’s Legion duties have in- the future of our economy hanging in Therefore, I pray with words that cluded terms as post commander, dis- the balance, we cannot afford inaction. have been spoken down through the trict commander, and Department of f ages that You, O Lord, would grant to Idaho vice commander. For the past 6 these leaders of our Nation health, years, he has acted as the Department SEQUESTRATION peace, concord, and stability, that they of Idaho’s chaplain. The SPEAKER pro tempore. The may administer the government with- Mr. Derrick is a retired printer and Chair recognizes the gentlewoman from out failure. mail clerk, a former county coroner, California (Mrs. NEGRETE MCLEOD) for Direct their counsel according to Driggs Chamber of Commerce presi- 1 minute. that which is good and well-pleasing in dent, and EMT and firefighter. Recog- Mrs. NEGRETE MCLEOD. Thank Your sight; and may it be said of them nizing this latter service, the American you, Madam Speaker. that they performed the duties of their Legion named Mr. Derrick Idaho’s Today, I urge all of my colleagues to office faithfully and impartially. Firefighter of the Year in 1987. join together to avert the automatic Bless each individual present here Mr. Derrick was ordained into the trigger cuts brought forth by the se- today, for by blessing the individual, ministry in 1979 through the Solid quester that are scheduled to begin in You have blessed this Nation. Rock Pentecostal Church and con- 2 days. These cuts will hurt small busi- To You be the glory. In Your most tinues to serve in various aspects of nesses, the military, seniors, and our holy Name I pray. ministry. Mr. Derrick and his wife of 45 children. Amen. years, Bird, have two sons, a daughter, In California, it is estimated that f and nine grandchildren. more than 15,000 children will not re- I would like to welcome Chaplain ceive vaccinations for diseases such as THE JOURNAL Derrick and thank him for his dedica- measles, whooping cough, and influ- The SPEAKER pro tempore. The tion and outstanding service to God enza—all because of these automatic Chair has examined the Journal of the and country. last day’s proceedings and announces trigger cuts. This is unacceptable. In f addition, special education services for to the House his approval thereof. children with disabilities will see cuts, Pursuant to clause 1, rule I, the Jour- ANNOUNCEMENT BY THE SPEAKER while over 8,200 low-income children in nal stands approved. PRO TEMPORE California will not receive critical Mr. JOYCE. Mr. Speaker, pursuant to The SPEAKER pro tempore. The early education from Head Start. Chil- clause 1, rule I, I demand a vote on Chair will entertain 15 further requests dren deserve better from their Mem- agreeing to the Speaker’s approval of for 1-minute speeches on each side of bers of Congress. the Journal. the aisle. That is why we need a balanced ap- The SPEAKER pro tempore. The f proach to replace sequestration, which question is on the Speaker’s approval includes revenues and spending cuts, of the Journal. SEQUESTRATION thereby ensuring the most vulnerable The question was taken; and the (Mr. SAM JOHNSON of Texas asked are not burdened. Speaker pro tempore announced that and was given permission to address I, therefore, ask unanimous consent the ayes appeared to have it. the House for 1 minute and to revise to bring forth H.R. 699 to provide bal- Mr. JOYCE. Mr. Speaker, on that I and extend his remarks.) anced deficit reduction. demand the yeas and nays. Mr. SAM JOHNSON of Texas. In just The SPEAKER pro tempore. Pursu- The yeas and nays were ordered. 2 days, President Obama’s devised plan ant to the order of the House of Janu- The SPEAKER pro tempore. Pursu- of across-the-board spending cuts ary 3, 2013, the House is in session sole- ant to clause 8, rule XX, further pro- known as ‘‘sequester’’ will kick in. I ly for the purpose of conducting morn- ceedings on this question will be post- voted for House legislation to replace ing-hour debate. Therefore, the gentle- poned. the President’s plan with smarter and woman’s request cannot be enter- f more responsible cuts. Unfortunately, tained. PLEDGE OF ALLEGIANCE the President and his friends in the f Senate ignored it. The SPEAKER pro tempore. Will the Right now, America is over $16 tril- RECESS gentleman from Illinois (Mr. ROSKAM) lion in debt. That means every Amer- come forward and lead the House in the The SPEAKER pro tempore. Pursu- ican owes more than $52,000 each. Tax- Pledge of Allegiance. ant to clause 12(a) of rule I, the Chair payers all across this country know Mr. ROSKAM led the Pledge of Alle- declares the House in recess until noon that Washington has a spending prob- giance as follows: today. lem, not a revenue problem. Accordingly (at 11 o’clock and 19 I pledge allegiance to the Flag of the Enough is enough. Now is the time to United States of America, and to the Repub- minutes a.m.), the House stood in re- work together to stop spending money cess. lic for which it stands, one nation under God, indivisible, with liberty and justice for all. we do not have. We need to give the f American people what they want, need, f b 1200 and deserve. We must get our fiscal WELCOMING REVEREND RONALD house in order by balancing our budget. AFTER RECESS DERRICK It’s almost too late. Let’s act now. The recess having expired, the House The SPEAKER pro tempore. Without f was called to order by the Speaker pro objection, the gentleman from Idaho tempore (Mr. MCCLINTOCK) at noon. (Mr. SIMPSON) is recognized for 1 RECOGNIZING FAITH-BASED LEAD- ERS IN OHIO’S THIRD DISTRICT f minute. There was no objection. IN HONOR OF BLACK HISTORY PRAYER Mr. SIMPSON. Mr. Speaker, it is my MONTH Reverend Ronald Derrick, American pleasure to introduce Chaplain Ronald (Mrs. BEATTY asked and was given Legion, Rigby, Idaho, offered the fol- Derrick for today’s invocation. permission to address the House for 1 lowing prayer: Chaplain Derrick serves as the na- minute.) Almighty God, thank You for this tional chaplain of the American Le- Mrs. BEATTY. Mr. Speaker, I rise to day. Grant us Your presence. gion. He is a U.S. Army veteran and a salute African American faith-based We stand in a room representing 40-year member of the American Le- leaders from Ohio’s Third Congres- power and authority given by Your gion, serving 18 years with Post 95 in sional District. They are here as civil

VerDate Mar 15 2010 03:31 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.016 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H673 rights leaders, providers of child care, minute and to revise and extend his re- SEQUESTRATION after-care, educational programs for marks.) (Ms. BROWNLEY of California asked our children. They are advocates for Mr. HOYER. Mr. Speaker, we are now and was given permission to address entrepreneurs, minority businesses, 2 days away from failure-triggered, the House for 1 minute and to revise and economic development opportuni- ideologically driven, and irrational and extend her remarks.) ties in our communities. They stand budget cuts called ‘‘sequester.’’ It is an Ms. BROWNLEY of California. Mr. strong with their first ladies and con- extraordinarily bad policy that 229 Re- Speaker, this Friday, the U.S. budget gregations for stopping domestic vio- publicans voted for on July 19, 2011. faces a round of indiscriminate and se- lence against women, for reducing These cuts could be incredibly harmful vere cuts that will hurt the middle crimes in our neighborhoods. to our national defense, our economy, class, compromise national security, These powerful leaders are Bishop Je- and our national welfare. and set back our very fragile economic rome Ross, Reverend Dr. Keith Troy, General Martin Dempsey, Chairman recovery. Reverend Fred Lamarr, Reverend Jerry of the Joint Chiefs of Staff, said: I call on all of our colleagues to take Carter, Reverend Victor Davis, Bishop This will affect the entire country, and it immediate action to avert the seques- Donald Washington, Reverend John will undermine our readiness for the next ter to prevent $1.5 trillion in reckless, Little, the Honorable Larry Price, Rev- several years. unnecessary, across-the-board cuts. If erend Dale Snyder, the Honorable Hundreds of thousands of civilian de- we fail, my families and businesses in Hearchel Craig, and Reverend Joel fense personnel could be furloughed, Ventura County will pay the price. King, cousin of Martin Luther King, Jr. and thousands of contractors could be Naval Base Ventura County in my Lastly, they know all too well what forced to lay off critical personnel. district could be forced to furlough 80 the impact of sequestration will be to Congress should not put our national percent of its civilian workers. Our our at-risk communities. I salute them security or economic recovery at risk. seniors and our children could be se- because they will carry on their great If I were the majority leader, this pol- verely impacted through cuts to Medi- work despite the sequestration and the icy would not happen. care, Head Start programs, and teach- unnecessary challenges it will present House Republicans should listen to ers’ jobs. We need to stop these arbi- if imposed. Sequestration is harmful to Transportation Secretary Ray LaHood trary and reckless cuts now and pass a our district, to our constituents, and to when he said: balanced approach with H.R. 699. the Nation. The impact of sequestra- As a former Republican Member of Con- Mr. Speaker, I ask unanimous con- tion will affect the Federal Govern- gress for 14 years, I urge my former col- sent to bring H.R. 699 to the floor. ment’s ability to provide States with leagues to address this issue and to work on The SPEAKER pro tempore. Under the necessary resources to invest in the a long-term, balanced solution to our deficit the guidelines consistently issued by problem. future leaders and to protect America’s successive Speakers as recorded on strong business environment. With only 2 days left, it is time for us page 752 of the House Rules Manual, Our hardworking taxpayers deserve to come together to find a solution the Chair is constrained not to enter- better. Let’s not put our economy at that can replace these cuts with a sen- tain the gentlewoman’s request unless risk. sible, balanced alternative. it has been cleared by the bipartisan f ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE floor and committee leaderships. The SPEAKER pro tempore. The VETERANS JOBS CAUCUS f Chair would remind Members not to (Mr. ROSKAM asked and was given traffic the well when others are speak- GUN CONTROL permission to address the House for 1 ing. minute and to revise and extend his re- (Mr. POMPEO asked and was given permission to address the House for 1 marks.) f Mr. ROSKAM. Mr. Speaker, as the minute and to revise and extend his re- Representative of the Sixth District of marks.) b 1210 Illinois and the son of a Korean war Mr. POMPEO. Mr. Speaker, we’re veteran, I’m honored to serve over now some 11 weeks out from the trag- REMEMBERING THE MENIFEE 34,000 veterans. We have a deep com- edy that occurred in Newtown, Con- COUNTY LIVES LOST IN THE mitment, as we know, to support those necticut. And while all the talk today MARCH 2, 2012 TORNADO who’ve risked their lives to defend our is about the sequester, we still have freedom and help them in their transi- (Mr. BARR asked and was given per- politicians and pundits all across the tion back to civilian life. I’ve been ac- mission to address the House for 1 country that are purporting to try and tive in a program called Helmets to minute and to revise and extend his re- solve this epidemic of gun violence Hard Hats, and there’s a jarring unem- marks.) with new rules taking away guns from ployment figure for veterans that we Mr. BARR. Mr. Speaker, today I wish ordinary citizens. are all sobered by. More than 844,000 to honor three precious lives lost in the Unfortunately—and this is humbling veterans currently face unemployment, tornado which devastated Menifee for many in politics—no law or set of and veterans aged 18 to 24 face a stag- County, Kentucky, one year ago this laws can possibly address in a meaning- gering 31 percent unemployment rate. Saturday. ful way all of the challenges that we There’s an opportunity for us to work Beverly Bowman was a magnet to face today with a violent America. In together, and I’m pleased to have re- children, according to newspaper ac- fact, we face a much deeper, more ma- cently joined the Congressional Vet- counts. Friends called her the back- lignant problem. It’s a culture that de- erans Jobs Caucus in an effort to bring bone of the Tarr Ridge Union Church. grades and cheapens life. Republicans and Democrats together to Anita Smith adored animals. Reports That’s why I continue to be dis- be like-minded as we seek to serve said she owned at least four horses, appointed to hear the President pro- those who have served us so well. along with goats, dogs, and a mule. pose further gun control. The Presi- There’s a myriad of obstacles that are And Vershal Brown was a remarkable dent’s plan isn’t so much an attempt to in place that need to be remedied, and man, recalls Menifee County Sheriff solve a problem as an attempt to fulfill together we can join with the Disabled Rodney Coffee: ‘‘Day or night, if you a wish list for gun control advocates. American Veterans organization, called him, he could help you. He would Unfortunately, for the American peo- which is here in Washington, D.C. this be there.’’ ple, an opportunity for a real national week to celebrate their success and our Mr. Speaker, the people of Menifee dialogue on the root causes of this type obligation to them. County have shown amazing faith and of violence is being missed. f determination in rebuilding their lives I’ve heard from hundreds of Kansans and their community. This weekend, on the issue of gun control, and the SEQUESTRATION we will celebrate together how far they vast majority of them understand that (Mr. HOYER asked and was given have come, and we will join hands and Washington restricting their Second permission to address the House for 1 remember. Amendment rights will do very little

VerDate Mar 15 2010 01:30 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.019 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H674 CONGRESSIONAL RECORD — HOUSE February 27, 2013 to end the violence in our society or to happiness these children brought to erans’ unemployment crisis. I am improve the safety of their families or their friends and family. Our commu- proud to join more than 70 of my House in their schools of their children. nity may never truly be whole again, and Senate colleagues from both sides f but we must take every moment pos- of the aisle in this important mission sible to honor these victims and pray to raise awareness and to increase em- SEQUESTRATION for their families. ployment among our Nation’s veterans. (Mr. VARGAS asked and was given I would like to now take a moment of Today and every day, we are asking permission to address the House for 1 silence for Demetrius Hewlin, Russell our colleagues and private businesses, minute and to revise and extend his re- King, Jr., and Daniel Parmertor. May small and large, to make a personal marks.) God bless them and may God bless and public commitment to hiring vet- Mr. VARGAS. Mr. Speaker, I rise their families. erans by displaying this sign: ‘‘I hire today in strong opposition to seques- f veterans.’’ This logo should be dis- tration. played in our windows. The word ‘‘sequester’’ derives from VIOLENCE AGAINST WOMEN It is our greatest duty as leaders in the Latin word ‘‘sequi.’’ It meant to REAUTHORIZATION ACT Washington to uphold our commitment follow. In late Latin, it devolved into (Ms. MENG asked and was given per- to our veterans, and we invite members ‘‘sequestrar,’’ which meant to sur- mission to address the House for 1 of the public, especially business own- render into the hands of a trustee. By minute and to revise and extend her re- ers, to join us in this important mis- the early 1500s, sequestrar grew to marks.) sion. mean ‘‘to seize, to confiscate.’’ Ms. MENG. Mr. Speaker, I rise today f In Spanish, the word ‘‘secuestro’’ to urge my colleagues to pass the bi- VIOLENCE AGAINST WOMEN means to kidnap, to hostage, to ran- partisan, Senate-passed Violence REAUTHORIZATION ACT OF 2013 som. And really, that is what the ma- Against Women Reauthorization Act. (Mr. RUIZ asked and was given per- jority party is doing here today. Early in my career, one of my first They’re holding the American people mission to address the House for 1 experiences was working with victims minute and to revise and extend his re- hostage, holding them ransom for these of domestic violence who were strug- draconian spending cuts. House Repub- marks.) gling and in desperate need of help. Mr. RUIZ. I would like to thank the licans don’t care about the harm it will Having personally helped victims fill cause to our working families, our sen- Senate for working in a bipartisan out VAWA petitions so they wouldn’t manner to pass the Violence Against iors, our children, our military—espe- be forced to live under the same roof as cially our military. Women Reauthorization Act. However, their abusers, I’ve seen firsthand the the House Republican version of the We have heard now from our military long-term human devastation this kind leaders that military preparedness will bill fails to protect all women, includ- of violence can cause, and we cannot ing Native American women, immi- suffer and will suffer greatly. We’ve al- continue to ignore its toll on women grant women, and the LGBT commu- ready heard that an aircraft carrier has and families. nity. been stalled in port and is not able to VAWA funds have trained over 500,000 I rise today in strong opposition to be deployed to the Middle East. But law enforcement and judicial officers the House Republican version of the there is a solution. Democrats, through on the realities of domestic and sexual Violence Against Women Reauthoriza- the efforts of the gentleman from violence, helping to protect survivors tion Act. As an ER doctor, I have seen Maryland (Mr. VAN HOLLEN), have pro- across the country. VAWA saves firsthand the beaten and bruised bodies posed a fair and balanced plan that money, and it saves lives. of women victims and the invisible would replace these destructive and un- Since VAWA was first enacted, over scars left on the victim, her family, warranted cuts. 600 State laws have been passed to and community. Native American Mr. Speaker, I ask unanimous con- combat domestic violence, and re- women in my district and across the sent to bring up H.R. 699, a balanced ported incidents of violence have de- country endure an epidemic of domes- bill to replace the sequester with creased by 60 percent. Despite these tic violence, and in most cases the spending cuts and revenues. successes, there’s much work to be abusers are not members of the tribes. The SPEAKER pro tempore. As the done, and all victims of domestic vio- Tribes must have the right to protect Chair previously advised, that request lence, including those in the LGBT their daughters, sisters, and mothers cannot be entertained without the ap- community and those without docu- from violence. propriate clearance. mentation, must feel safe seeking help We must work to make sure that all f from our criminal justice system. women are protected from domestic vi- CHARDON 1-YEAR ANNIVERSARY f olence. I urge all of my colleagues to join me in opposition to the House Re- (Mr. JOYCE asked and was given per- b 1220 publican version of this legislation, and mission to address the House for 1 I look forward to the passage of the bi- minute and to revise and extend his re- CONGRESSIONAL VETERANS JOBS CAUCUS partisan Senate version of this legisla- marks.) tion. Mr. JOYCE. Today marks the 1-year (Mr. DENHAM asked and was given f anniversary of a horrific day for all permission to address the House for 1 northeastern Ohioans. It marks the minute and to revise and extend his re- SEQUESTRATION worst day of their lives for too many marks.) (Mr. BROUN of Georgia asked and mothers, fathers, brother, sisters, Mr. DENHAM. When the courageous was given permission to address the friends, and family in Chardon, Ohio. Americans who volunteer to fight our House for 1 minute and to revise and One year ago today, a shooter opened wars come home, they should not have extend his remarks.) fire in Chardon High School, fatally to fight for jobs. Unemployment is one Mr. BROUN of Georgia. Last Con- shooting three students and injuring of the biggest problems currently fac- gress, I supported more than $155 bil- three others. These three children were ing America’s veterans. In addition to lion worth of real spending cuts. If cruelly taken from this Earth all too our gratitude and support, our veterans Democrats are interested in finding a soon. They were loved by their fami- need jobs. With more than 250,000 serv- more targeted approach to avoiding the lies, embraced by their communities, icemen and -women expected to return sequester, I’m more than happy to offer and had their whole lives ahead of to civilian life each year over the next my suggestions. We only have to cut them. 5 years, veterans’ employment issues 21⁄2 cents out of every dollar that we As the county prosecutor at the will only grow more challenging. spend in 2013 to dodge the effects of the time, I saw firsthand the grief and dev- That’s why for more than a year the sequester. If we can’t shrink spending astation that no parent should ever Congressional Veterans Jobs Caucus by 2 percent without causing a melt- have to experience. Nothing will ever has worked to bring the public and pri- down, what does that say about the come close to replacing the love and vate sectors together—to end the vet- size of Washington?

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.021 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H675 Frankly, I don’t think this adminis- campaign to instill fear into Ameri- Mr. TAKANO. Mr. Speaker, I rise tration wants to cut spending at all. cans. today to honor the legacy of George The President is only interested in The President holds the power to de- Tetsuo Aratani, a philanthropist and raising taxes, but this year, he has al- termine what bills will be paid, not business executive who was a champion ready levied $150 billion worth of new Congress—but he does not have the will for Japanese Americans. taxes on the American people. I whole- to prioritize spending or manage the Mr. Aratani was born and raised in heartedly support making meaningful people’s money. He only knows one California and, along with 122,000 other cuts, but there is a better way to go way to lead: tax more, spend more, and Japanese Americans, was forced into about doing it than with the sequester. continue the tour de blame. internment camps during World War II. Congress needs to sit down and go And that’s just the way it is. Never letting a poor situation get the through the budget line by line, and it f best of him, Mr. Aratani used his bilin- needs to figure out what wasteful pro- BORDER AND SEQUESTRATION gual skills to serve his country in the grams we can get rid of in the middle Army Military Intelligence Service. of this debt crisis. I hope that Demo- (Mr. HIGGINS asked and was given Following the war, he started two suc- crats will work with Republicans to permission to address the House for 1 cessful businesses—Mikasa tableware find a smarter way to cut spending minute.) and Kenwood electronics—and enjoyed while we also protect American jobs Mr. HIGGINS. Mr. Speaker, the effect a wonderful life with his family. of sequestration on our borders will be and our national security. Though he achieved great commer- felt especially hard in my western New f cial success, he will always be remem- York community, home to four cross- bered for his upstanding citizenship in GEORGE ARATANI ings on the northern border. his community. Mr. Aratani and his According to the Department of (Mr. SCHIFF asked and was given wife, Sakaye, established the first en- Homeland Security, if sequestration permission to address the House for 1 dowed chair in the country to study occurs, Customs and Border Protection minute.) the injustice of the Japanese American Mr. SCHIFF. Mr. Speaker, I rise will be forced to eliminate 2,700 officers internment and the efforts to rectify today to honor a constituent and phi- and 5,000 Border Patrol agents. In addi- it. In addition, the Aratanis gave mil- lanthropist, George Aratani, who tion to the job losses, this could mean lions in support of the Japanese Amer- passed away last week. delays of as long as 4 hours at our bor- ican National Museum, UCLA’s Depart- Mr. Aratani was part of the Greatest der crossings. ments of Asian American and East Generation, and served his country as a $1.5 billion in goods and 300,000 indi- Asian Studies, the Japanese American member of the Military Intelligence viduals cross the U.S.-Canada border Cultural & Community Center, Keiro Service, or MIS, during World War II. each and every day. Western New York Senior HealthCare, and countless Asian His service came at a time when tens of businesses and institutions depend on American candidates. thousands of his fellow Japanese Amer- predictable access to and from south- icans were interned in camps scattered ern Ontario. Increased wait times will I look to Mr. Aratani as an inspira- in the Western United States. He chose discourage Canadian consumers from tion for all as he truly lived the Amer- to serve and defend America with no visiting western New York, and that is ican Dream. guarantee that his own freedom would business we can’t afford to lose. be defended in return. I call on the House to take imme- f I was proud to work to ensure that diate action to repeal the sequester and MIS members like George Aratani and to prevent this unnecessary injury to MICHAEL ANTHONY SOLIS all of the Go for Broke veterans re- our economy. (Ms. LORETTA SANCHEZ of Cali- ceived the credit and thanks they were f fornia asked and was given permission due through the Congressional Gold THE PRESIDENT’S SEQUESTER to address the House for 1 minute and Medal. to revise and extend her remarks.) When he returned home, Mr. Aratani (Ms. FOXX asked and was given per- started and ran several businesses, and mission to address the House for 1 Ms. LORETTA SANCHEZ of Cali- dedicated himself to Japanese Amer- minute.) fornia. Mr. Speaker, I rise today in the ican educational and cultural causes, Ms. FOXX. The President is hitting memory of Mr. Michael Anthony Solis, including the Go for Broke veterans’ the road this week for yet another tax who was an educator. He taught at memorial and foundation. George increase on hardworking Americans. Anaheim High School in my district. Aratani had a profound impact on our He already raised taxes just 8 weeks He was a champion for lower income country and on his community, and he ago. Why the sudden urge to do it students. will be terribly missed. again? He grew up in Riverside, California, and his family grew up in pretty poor f The President says this is the plan to replace his sequester that’s scheduled circumstances, but education was al- TOUR DE BLAME to hit on March 1, but the President ways important to them. He enrolled in (Mr. POE of Texas asked and was and the rest of the Democrats who run Riverside Community College where given permission to address the House Washington apparently haven’t figured teachers encouraged him to be an edu- for 1 minute.) out that we cannot tax our way out of cator. As a student teacher, Michael Mr. POE of Texas. Mr. Speaker, the this mess. Tax revenues are set to dou- became involved with the AVID pro- sequester was a bad idea. I voted ‘‘no.’’ ble over the next decade, and top tax gram, a program that helps to close It actually came from the other end of rates have hit their highest levels since that achievement gap from lower in- Pennsylvania Avenue, however. The 1986. We are already taxing wages and come students to the normal. Mr. Solis House has voted twice to replace the salaries at rates as high as 44 percent. went on to teach AVID in various President’s sequester with other spend- We need to replace the President’s se- southern California schools. He was ing cuts. However, the ‘‘siesta’’ Senate quester with commonsense spending also the director of AVID for our coun- ignored the House bills and did what it cuts and reforms, not more taxes. The ty education program. He most re- does best—nothing. House has acted twice to achieve this, cently served as our assistant principal Now, in the 11th hour, the President and now the President needs to put for- at Anaheim High School. has disowned his sequester and instead ward a serious plan. He was impassioned about education. has launched the taxpayer-funded tour f He knew that this would make a dif- de blame. He has also dispatched his ference in so many people’s lives. Even Cabinet on a tour de fear. The White GEORGE ARATANI though he lost a 40-month battle with House ‘‘sky is falling’’ crowd says (Mr. TAKANO asked and was given cancer, he will be remembered by all flights will be delayed and undocu- permission to address the House for 1 who knew him, and his legacy will mented immigrants in custody will be minute and to revise and extend his re- move forward in all of those students freed. That is a Madison Avenue-style marks.) whose lives he has impacted.

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.023 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H676 CONGRESSIONAL RECORD — HOUSE February 27, 2013 b 1230 violence. The Violence Against Women Why are they exceptions in your THE IMPACT OF SEQUESTRATION Act has been an important part of that eyes? FOR NEW JERSEY arc of our history. It’s not something And why must they continually be that should be politicized or used for denied the same freedoms and liberties (Mr. SIRES asked and was given per- political games. Let’s vote against this that we all enjoy under our Constitu- mission to address the House for 1 substitute. tion? minute.) f Mr. SIRES. Mr. Speaker, unless Con- By reauthorizing the Senate version of gress acts this week, a series of drastic BAY DELTA CONSERVATION PLAN VAWA: spending cuts known as the sequester (Mr. COSTA asked and was given per- We can make sure our LGBT brothers and will take effect. Sequestration threat- mission to address the House for 1 sisters receive appropriate care when they are ens the jobs of hundreds of thousands minute and to revise and extend his re- victimized; of middle class Americans, as well as marks.) We can make sure that immigrants, who so vital services for children, seniors, and Mr. COSTA. Mr. Speaker, in our San desperately want to be a part of this great Na- our troops. Congress must not wait any Joaquin Valley in California, unfortu- tion, will not have to hide behind their abusers longer to come to an agreement. nately we are facing yet another fight in fear of deportation; for every drop of water that’s critical Should sequestration take effect, my And, we can make sure that the three out to our economic recovery. For over the State of New Jersey would lose almost of five American Indian women who will expe- $12 million in funding for primary and last 2 months, we have lost over 700,000 acre-feet of water that represents $2.2 rience domestic violence in their lifetime can secondary education, putting around have the peace of mind to know that their 160 teachers and their aides at risk. billion in economic activity because of an unlawful biological opinion that abusers will not be given a way out of pros- New Jersey would also lose $17 million ecution. in funding, or about 210 teachers who puts a 2-inch fish before 25 million help children with disabilities. In addi- Californians. My colleagues, this is not politics and this tion, Head Start and Early Head Start Had the Bay Delta Conservation Plan certainly is not a game. This is simply the right services would be eliminated for an es- been implemented, none of this valu- thing to do. timated 1,300 children in New Jersey. able water would have been lost today. Furthermore, New Jersey would lose To add insult to injury, our valley was f funding cuts for public safety grants dealt yet another blow when the Bu- provided to local law enforcement offi- reau of Reclamation announced this SEQUESTRATION cials designed to improve the safety of week a 25 percent water allocation. This is simply unacceptable. (Mr. RUPPERSBERGER asked and our communities, as well as reduction was given permission to address the in funding to provide meals for New It remains to be seen if the Obama administration and their nominee to House for 1 minute and to revise and Jersey seniors. Mr. Speaker, these are extend his remarks.) just a small portion of the impact se- replace Secretary Salazar has forgot- questration will have on New Jersey ten or ignored the tough lessons from Mr. RUPPERSBERGER. Mr. Speak- and America as a whole. the failures of 2009 and 2010. Immediate er, I rise to voice strong opposition to Mr. Speaker, I ask unanimous con- action is necessary to keep a bad situa- the sequester, which was designed to be sent to bring up H.R. 699, a balanced tion from becoming devastating to our so severe and so catastrophic that we bill to replace the sequester with valley this year and throughout the would be compelled to make the nec- spending cuts and revenues. State. essary compromises to avoid it, and The Bay Delta Conservation Plan The SPEAKER pro tempore. As the yet we have done nothing. must move forward to resolve this situ- Chair has previously advised, that re- The Second District is the home to ation in the future. Every day wasted quest cannot be entertained absent ap- Fort Meade, NSA, Aberdeen Proving is valuable time and water lost. propriate clearance. Ground, the Port of Baltimore, and f f hundreds of contractors reliant on VIOLENCE AGAINST WOMEN ACT these institutions. We’re neighbors to VIOLENCE AGAINST WOMEN ACT the Social Security Administration, (Mr. LOWENTHAL asked and was the National Institute for Health, and (Mr. HUFFMAN asked and was given given permission to address the House BWI Airport. permission to address the House for 1 for 1 minute and to revise and extend minute.) his remarks.) Nearly 140,000 workers at these facili- Mr. HUFFMAN. Mr. Speaker, I rise Mr. LOWENTHAL. Mr. Speaker, I ties would be furloughed. Maryland today to express my grave concerns stand here today to urge my colleagues will lose about $14.4 million in funding over the Republican substitute to the to bring the Senate version of the Vio- education, putting the jobs of 200 Senate-passed Violence Against lence Against Women Act, or VAWA, a teachers at risk. We’ll lose nearly $50 Women Act. The Senate passed this bill bill that would provide critical services million in funding for medical re- with overwhelming bipartisan support, to all victims of domestic abuse, to the search, which supports thousands of including a majority of Senate Repub- House floor. My friends, my colleagues, jobs in Maryland. licans. But apparently, leadership in my constituents, it is time to reau- Maryland can’t afford this approach the House has decided that this law thorize. to deficit reduction and neither can should protect only some women. I want to applaud all the Senate any of the other States in this Nation. The substitute that we’re being Democrats, all the female Senators, We have to put forward serious alter- asked to vote on excludes LGBT vic- and the vast majority of Republican natives to avert sequestration, and I tims. It weakens protections for Senate Members who believe that encourage leadership to either allow a women on college campuses, Native VAWA is good for the safety of all vote on one of these alternatives or to American women, and immigrants. As women, regardless of their sexual ori- propose one for themselves. a father of a young daughter and a hus- entation, their ethnicity, or tribal her- We are in this most ridiculous situa- band, I cannot begin to understand why itage. we would gut commonsense protections tion and we must resolve this problem As for the altered House version, now. for women or why we would pick and which clearly rejects the equal protec- choose the type of women that we want tions outlined in the Senate version, it Mr. Speaker, I ask unanimous con- to protect from violence. is unfair, unjust, and unacceptable. sent to bring up H.R. 699, a balanced A few minutes ago, we swore alle- I have a few questions for my col- bill to replace the sequester with giance to this flag and to a Republic leagues in the House who altered this spending cuts and revenues. that stands for liberty and justice for bipartisan Senate VAWA bill: The SPEAKER pro tempore. As the all, not for some. In fact, Americans Why do our LGBT, Native American, Chair has previously advised, that re- have long fought for equality for and immigrant brothers and sisters not quest cannot be entertained without women and protecting all women from deserve the same protections? appropriate clearance.

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.044 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H677 PROVIDING FOR CONSIDERATION teered with and even served on the criminate against anyone. And in the OF S. 47, VIOLENCE AGAINST board of directors for the Dawn Center, multiple times the law has been reau- WOMEN REAUTHORIZATION ACT which is a refuge for victims of domes- thorized, we, as a legislature, have al- OF 2013 tic and sexual violence in Hernando ways tried to ensure that all victims of Mr. NUGENT. Mr. Speaker, by direc- County, Florida. domestic violence receive the protec- tion of the Committee on Rules, I call With these sorts of experience, I tions under the law. up House Resolution 83 and ask for its know and understand how important As my colleague pointed out, up till immediate consideration. grant programs like these authorized now they have. Unfortunately, the lat- The Clerk read the resolution, as fol- by the Violence Against Women Act est attempt to reauthorize the Vio- lows: are to law enforcement agencies fight- lence Against Women Act has been dif- ing domestic violence, the advocates ferent. This time, the majority has al- H. RES. 83 serving the victims of domestic vio- ternately tried to pass extreme legisla- Resolved, That upon the adoption of this resolution it shall be in order to consider in lence, and most importantly, the vic- tion that would weaken current law the House the bill (S. 47) to reauthorize the tims themselves. and rejected calls to pass bipartisan Violence Against Women Act of 1994. All Violence against women is unaccept- legislation that would strengthen the points of order against consideration of the able in any terms. It should be unac- current law. bill are waived. The bill shall be considered ceptable to everybody in this room, re- On February 12, with 23 Republican as read. All points of order against provi- gardless of your gender, regardless of Senators voting in favor, including sions in the bill are waived. The previous your sexual orientation, and regardless every Republican woman in the Senate, question shall be considered as ordered on of your age. I hope it’s that obvious. they approved a reauthorization that is the bill and on any amendment thereto to final passage without intervening motion ex- The rule we have before us today pro- both comprehensive and inclusive in cept: (1) one hour of debate equally divided vides the House the ability to consider nature. Unfortunately, instead of al- and controlled by the Majority Leader and measures that would help provide lowing a clean, up-or-down vote on this the Minority Leader or their respective des- stakeholders with the tools they need bipartisan bill, the majority leadership ignees; (2) an amendment in the nature of a to combat this terrible crime. proposed a substitute amendment that substitute consisting of the text of Rules If House Resolution 83 passes, then removes key provisions from that bill. Committee Print 113–2, if offered by the Ma- tomorrow the House will debate two For example, the leadership’s amend- jority Leader or his designee, which shall be separate versions of reauthorizing the ment fails to explicitly protect LGBT in order without intervention of any point of Violence Against Women Act. We will victims, and limits protections for im- order, shall be considered as read, and shall be separately debatable for 20 minutes equal- have 1 hour debate on the underlying migrants. At the same time, the ly divided and controlled by the proponent bill, which passed the Senate just 15 amendment fails to close the legal and an opponent; and (3) one motion to com- days ago. loopholes that leave Native American mit with or without instructions. We’ll also spend 20 minutes debating victims of domestic violence with no- The SPEAKER pro tempore. The gen- a Republican alternative to the Senate where to turn. tleman from Florida is recognized for 1 bill. At the end of the debate, we will Additionally, despite the high rate of hour. vote first on the Republican alter- dating violence and sexual assault on Mr. NUGENT. Mr. Speaker, for the native to the Senate bill, and if that college campuses, the amendment en- purpose of debate only, I yield the cus- House amendment fails, then we’ll tirely omits protections for young tomary 30 minutes to the gentlewoman have an up-or-down vote on final pas- women who are victimized in college. from New York (Ms. SLAUGHTER), pend- sage of the Senate reauthorization. It’s And that’s why the majority’s amend- ing which I yield myself as much time that simple. ment is opposed by groups including as I may consume. During consider- These options offer two separate and the National Task Force to End Sexual ation of this resolution, all time yield- distinct visions on how the Federal and Domestic Violence Against ed is for the purpose of debate only. Government can help aid in the fight Women, the National Congress of against domestic violence. American Indians, and the Leadership b 1240 I can say that, during my time as Conference on Civil and Human Rights, GENERAL LEAVE sheriff, I never saw a single Federal do- among many others. Mr. NUGENT. Mr. Speaker, I ask mestic violence case ever prosecuted, It’s dismaying that some in the ma- unanimous consent that all Members but I know the Federal dollars went to jority want to weaken a strong bipar- have 5 legislative days to revise and ex- the States and counties to help combat tisan Senate bill, and it’s vital that tend their remarks. these types of crimes. I also know that this Chamber reject their alternative The SPEAKER pro tempore. Is there victims of all genders and sexual ori- partisan amendment. objection to the request of the gen- entations found shelter and safety in With the votes we are about to take, tleman from Florida? places like the Dawn Center because of we will be asked to choose between an There was no objection. grants like those authorized in the Vio- amendment that fails to protect some Mr. NUGENT. Mr. Speaker, House lence Against Women Act. victims of domestic violence, and the Resolution 83 provides for a structured For all those reasons, I know this a bipartisan Senate bill protecting all rule for consideration of S. 47, the Vio- debate we need to have. That’s why I’m victims. The choice is so clear. lence Against Women Reauthorization proud to stand here today sponsoring a We’ll be asked to choose between an Act of 2013. The rule also provides for rule that lays the options out on the amendment opposed by victims and consideration of one substitute amend- table, provides for vigorous and enthu- victims’ rights advocates and a bipar- ment to this underlying legislation. siastic discussion of those options, and tisan bill. And when looking at those This process ensures there’s ample dis- ultimately, let’s the people’s House options that are before us, it is clear cussion on both options presented to work its will. what we must do. I strongly urge my the House, to give Members, both the I encourage my colleagues to vote colleagues to vote ‘‘no’’ on the sub- minority and the majority, the oppor- ‘‘yes’’ on the rule, and I reserve the stitute amendment tomorrow to the tunity to participate in these debates. balance of my time. Senate bill, so the original Senate leg- I support the rule, and I hope my col- Ms. SLAUGHTER. Mr. Speaker, good islation will receive a vote in the leagues will support it as well because, afternoon. House. by supporting and passing this resolu- I thank the gentleman for yielding Mr. Speaker, I want to take a mo- tion, we’ll be able to move on to debat- me the customary 30 minutes, and ment and talk about the incredible im- ing the reauthorization of the Violence yield myself such time as I may con- pact the Violence Against Women bill Against Women Act. sume. has had since it was enacted. Thanks As a former law enforcement officer Mr. Speaker, when I joined my to that Act, instances of domestic vio- who spent 38 years fighting against all former colleague, Representative Pat lence have fallen by 67 percent, and types of violence, I have seen the evils Schroeder of Colorado, to write the over 1 million people have obtained and cruelty of domestic violence issues original Violence Against Women Act, protective orders against their firsthand. That’s why I also volun- it didn’t occur to us to exclude or dis- batterers.

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.026 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H678 CONGRESSIONAL RECORD — HOUSE February 27, 2013 Before the passage of the Violence gress. It is vital that the inaction of undocumented women, abuse rates are Against Women Act, police officers the majority come to an end. We must slightly higher than the rest of the were not trained to separate a victim take a step to stop the sequester today. population, but go unreported for fear and abuser when they responded to a So let me urge you to vote ‘‘no’’ on of deportation. Those are millions of domestic violence call. Thanks to the the previous question if you wish to be people and thousands of New Yorkers law, the police officers are now trained on record saying you do not support who are being hurt. This legislation to do just that, a most important the sequester, you do not want to see adds insult to their injury by basically change that stopped violence from re- this damage done to the economy and saying because of who you are, we suming the moment the police left and to the United States and, incidentally, won’t help you. the front door closed. to our reputation in the country and in I hope my Republican colleagues But perhaps the greatest victory of the rest of the world. Doing so will agree that that is not the message we the Violence Against Women Act is allow Mr. VAN HOLLEN’s legislation to want to send. Vote ‘‘no’’ on the rule that the law finally brought millions of have the serious debate and vote that and the underlying bill so we can ap- victims out of the shadows and gave it deserves. prove a real Violence Against Women them a place to stand. I reserve the balance of my time. Act that protects all victims equally. In 1994, domestic violence in our Mr. NUGENT. Mr. Speaker, I yield 2 Shame on us. This should not be a par- country was not even discussed, and its minutes to the gentleman from New tisan issue. scars were never acknowledged. And as York (Mr. HANNA). Mr. NUGENT. Mr. Speaker, I yield 3 a result, the victims often became Mr. HANNA. I rise today in support minutes to the gentleman from Okla- abusers in a cycle of violence that sim- of the rule which provides for consider- homa (Mr. COLE). ply wouldn’t end. We wrote the law to ation of S. 47, the Violence Against Mr. COLE. I thank the gentleman for stop that cycle of violence, and we Women Reauthorization Act of 2013. yielding. think we have achieved much of that. Mr. Speaker, the Violence Against Mr. Speaker, I rise to support the For 18 years, this law gave victims a Women Reauthorization Act has been rule and the underlying legislation. choice and made incredible progress in successful. We have seen its benefits. It This rule brings the Senate-passed ending the cycle of violence. has saved lives and helped millions of version of VAWA to the floor and al- Every time we’ve renewed the law, women find safety, security, and self- lows us to vote on House language to our goal has been the same: to ensure sufficiency. While there are deeply held replace that version. I want to particu- that all victims of domestic violence, differences about some policies in the larly thank my good friend, Chairman no matter their ethnicity, their sexual bill we consider today, now is the time SESSIONS of the Rules Committee, for orientation, their age or their gender, to reauthorize the Violence Against devising a rule that will help the House are acknowledged and helped and pro- Women Reauthorization Act. work its will on this important issue— tected by the law. If a daughter, sister, or perfect and do so smoothly, fairly, and quick- It has been now more than 500 days stranger were raped, battered, or need- ly. since the Violence Against Women Act ed help, no one would ask or care what I want to particularly thank Leader expired. Today is the day that ends, her ethnicity, national origin, or sex- CANTOR for his hard work and effort to and we act in the name of justice. I ual orientation was before coming to truly understand and deal with the urge my colleagues to vote ‘‘no’’ on the her aid—nor should the Violence problems that Native American women exclusionary substitute amendment to- Against Women Act. No community, face. That part of our population, as morrow so we can vote ‘‘yes’’ and get no person should be neglected when it many of my colleagues have learned this bill to the President right away. comes to domestic violence. As a fa- during the course of this debate, is in Now, in addition, I want to mention ther of a young daughter, Grace Cath- many ways the most at-risk part of our on the previous question, today we’re erine, I don’t know or care what her population. One in three Native Amer- going to have an opportunity to stop orientation is—and neither should Con- ican women will be sexually assaulted the sequester, which is scheduled, as gress. I simply know that she and all in the course of her lifetime. The sta- you know, to take effect in just 2 days. women and girls should be equally pro- tistics on the failure to prosecute and We all know all the harms. We know tected under its laws. hold accountable the perpetrators of very well what the sequester is going We have an opportunity now to fi- those crimes are simply stunning. I’m to do to the economy and to the work- nally pass a bipartisan, inclusive Vio- very proud that both the Senate and force in the United States. And most lence Against Women Act that service the House have turned their attention importantly, we know that we cannot providers, law enforcement and, most to this issue and finally begun to give afford such a slowdown. importantly, all victims deserve. I urge it the consideration that it merits. Now, today we’re going to give Mem- my colleagues to support this rule and Again, I particularly want to thank bers of the House an opportunity to the underlying bill. Leader CANTOR. The House version has vote on a sequester solution. If we de- Ms. SLAUGHTER. I am pleased to improved tremendously over what this feat the previous question—and please yield 11⁄2 minutes to my colleague, the body passed in the last Congress; and pay attention: If you want to go on gentlewoman from New York (Ms. that’s due, in large measure, to his record against having the sequester go VELA´ ZQUEZ), the distinguished ranking hard work. into effect, we are giving you an oppor- member of the Committee on Small That being said, I cannot support the tunity to do that. Business. House version of VAWA. While it’s ´ By voting ‘‘no’’ on the previous ques- Ms. VELAZQUEZ. I want to thank made great strides in recognizing the tion, you will allow the House to vote the gentlelady from New York for jurisdictions of tribal courts over non- on a measure that Mr. VAN HOLLEN, yielding. Indian offenders, it falls short of giving ranking member of the Budget Com- Mr. Speaker, twice in two decades tribes what they need to keep their mittee, has come to the Rules Com- Members of both parties have crossed citizens protected from the scourge of mittee three times with to try to party lines to reauthorize the Violence domestic violence. Unlike the Senate achieve the end of saving us from our- Against Women Act. Yet this week we version, the House version fails to rec- selves. Mr. VAN HOLLEN’s legislation are considering a partisan bill that ex- ognize existing tribal sovereignty would reduce the deficit in a balanced cludes some victims based on sexual that’s enshrined in the Constitution and responsible way but stop the dev- orientation or immigration status. and has been recognized throughout astating sequestration cuts. Does abuse not ‘‘count’’ if the victim the history of our country. The House happens to be a gay man or a lesbian? version requires tribes to seek Depart- b 1250 What if the victim is an undocumented ment of Justice certification before ex- Today is the last chance for the worker? ercising jurisdiction over non-Indian House of Representatives to stop the Here are some facts my GOP col- offenders. I cannot think of any exam- sequester. Despite what some have leagues may be unaware of: 40 percent ple where one sovereign has to seek said, this Chamber has not passed a so- of gay men experience domestic abuse, permission to exercise their rights as a lution to the sequester during this Con- as do 50 percent of lesbian women. For sovereign. It doesn’t make sense to ask

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.029 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H679 tribes to willingly abdicate part of Against Women Act. This is the first resources that the Violence Against their sovereignty to exercise another bill that I worked on when I came to Women Act makes available. Tucker is part of their sovereignty. Congress with the great LOUISE now living away from his father, in In the same vein, the House bill SLAUGHTER and Patricia Schroeder, counseling, and on his way to a happy waives sovereign immunity on behalf and then-Senator . It has and healthy future. of the tribes. As sovereigns, tribes been reauthorized in a bipartisan way Time and time again we hear that should make that decision on whether many times. programs like this break the cycle of or not to waive sovereign immunity. In From 1994 to 2010, about four in five domestic violence. We must view this the final analysis, Indian tribes and In- victims of intimate partner violence legislation not just as a women’s issue, dian women need help—and I don’t have been female. These numbers are but as a family issue, as a community think there’s much debate about this real people, and so are the tragedies be- issue that touches all of our lives. in this body. And they prefer the Sen- hind them. But this is not about poli- It is essential for all past and future ate bill to the House bill. That settles tics. This is about the single most fun- victims of domestic violence, sexual as- the issue for me. damental task that we require of our sault, dating violence, and stalking I support this rule. I urge my col- government: to keep its citizens safe that we strengthen and reauthorize the leagues to vote ‘‘no’’ on the House from violent assaults—all of our resi- Violence Against Women Act. I urge amendment to the underlying bill, and dents, all of our citizens, immigrants, my colleagues to reauthorize an all-in- I support the underlying bill that’s no matter what the sexual orientation clusive version of the Violence Against been passed by the Senate. is of our citizens. It’s for all of our citi- Women Act. Ms. SLAUGHTER. Mr. Speaker, I am zens. Mr. NUGENT. I continue to reserve I am pleased that two of the bills the balance of my time. pleased to yield 11⁄2 minutes to the gen- Ms. SLAUGHTER. I am pleased, Mr. tlewoman from California (Ms. LORET- that I have authored are part of the Speaker, to yield 11⁄2 minutes to the TA SANCHEZ). Senate version. It would be ripped out by the Republican version, so I strong- gentlewoman from Nevada (Ms. TITUS). Ms. LORETTA SANCHEZ of Cali- Ms. TITUS. Mr. Speaker, I rise today fornia. I rise today in opposition to the ly support the bipartisan Senate version. One I authored with Rep- to support the rule but oppose the amendment made under this rule to House Republican substitute, and to gut the Senate-passed Violence Against resentative POE in a bipartisan way, and that was the SAFER Act. This urge my colleagues to vote for the real Women Reauthorization Act of 2013. Violence Against Women Act’s reau- The Senate bill is a bipartisan ap- took the monies and directed Justice not to spend more money but to proc- thorization. This passed the Senate proach that protects vulnerable popu- with overwhelming bipartisan support. lations, and the amendment made ess the backlog of DNA kits in rape cases to put rapists behind bars. And Real VAWA focuses on key programs under this rule would remove those to address sexual assault, including the protections. Furthermore, S. 47 in- also, the Campus SaVE Act. There’s too much violence on cam- backlog in testing rape kits. It also cludes legislation that I have worked pus. One in five women will be sexually consolidates programs to ensure that on in these two past Congresses with assaulted during their college years. resources are reaching victim services Representative VIRGINIA FOXX of North This provision that I authored would and local law enforcement, and it en- Carolina, who I call my good friend, increase the obligations of colleges to sures protection for all victims of and Senator KLOBUCHAR of Minnesota. keep students safe and informed about abuse and violence. I reintroduced the STALKERS Act this policies on sexual assault. Also, the In Nevada, nearly half of all women Congress and am pleased that it is in- very bipartisan, important anti-traf- have been the victim of some kind of cluded in the underlying bill. ficking bill is part of it. sexual assault, and more than a quar- No one can deny that the Internet is So I urge my colleagues, in a bipar- ter have been the victim of rape. The a great tool for all of us that connects tisan, historic way, to reauthorize, re- Rape Crisis Center in Las Vegas—an billions of people around the world. But pass the Violence Against Women Act, excellent organization that I’ve worked one of the problems with it is that it’s the Senate version. with closely over the years—assists proven to be an effective weapon for Mr. NUGENT. I continue to reserve victims in the transition to become stalkers to prey on innocent people. the balance of my time. survivors. This Congress should sup- Current Federal stalking statutes sim- Ms. SLAUGHTER. I am pleased to port the Center’s efforts, not hinder ply have not caught up with the new yield 2 minutes to the gentlewoman them. tools and the emerging technologies from California (Ms. MATSUI). Violence against women is not a that these criminals use. The STALK- Ms. MATSUI. I thank the gentlelady game. It is time for House Republicans ERS Act would bring our laws into the from New York for yielding me time. to stop playing games and to reauthor- 21st century by giving law enforcement Mr. Speaker, I rise in strong support ize this final legislation now. the tools they need to combat stalking for the bipartisan, Senate-passed Vio- Mr. NUGENT. I continue to reserve in the digital age. lence Against Women Reauthorization the balance of my time. The STALKERS Act would protect Act. Ms. SLAUGHTER. Mr. Speaker, I am victims and empower prosecutors by Since the Violence Against Women pleased to yield 11⁄2 minutes to the gen- increasing the scope of existing laws to Act first became law in 1994, the inci- tleman from Texas (Mr. AL GREEN). cover acts of electronic monitoring, in- dence of domestic violence is down Mr. AL GREEN of Texas. I thank you cluding spyware, bugging, video sur- more than 60 percent. It is with that so much for the time. veillance, and other new technologies same record of success that we should Isn’t it ironic that today, the Su- as they develop. Currently, Federal address the prevalence of domestic vio- preme Court of the United States of laws cannot be enforced unless stalking lence in underserved communities. America is considering section 5 of the victims can demonstrate that they are In my district of Sacramento, we are Voting Rights Act in terms of whether in reasonable fear of physical injury. fortunate to have an organization it will continue to apply to the United Again, I thank you for including the called WEAVE, which provides crisis States of America and those specific STALKERS Act in the underlying bill. intervention services to domestic vio- States and areas that are included lence and sexual assault victims. Re- therein. This is being done at the same b 1300 cently, WEAVE admitted a woman and time we are considering the Violence Mr. NUGENT. I continue to reserve her 8-year-old son, Tucker, to their Against Women Act, which in my opin- the balance of my time. safe house. By the time Tucker reached ion should be called a Family Violence Ms. SLAUGHTER. I am pleased to the safe house, his father’s verbal Act. I say this because we cannot ex- yield 11⁄2 minutes to my colleague from abuse had convinced him that he was clude people because of their sexual New York (Mrs. CAROLYN B. MALONEY). stupid and insignificant. For an 8-year- orientation. Mrs. CAROLYN B. MALONEY of New old boy to no longer smile, to play This is my watch. I have a duty to York. Mr. Speaker, I urge my col- games, to enjoy life is heartbreaking. stand up for those who are being left leagues to pass the rule and the under- Fortunately, Tucker’s mother res- out or left behind. This act should in- lying bipartisan Senate Violence cued herself and her son by using the clude the LGBT community, and any

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.031 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H680 CONGRESSIONAL RECORD — HOUSE February 27, 2013 substitute that would remove the ducing oil and making record profits. her leadership as the senior Democrat LGBT community is a substitute that I So we do that. on the Rules Committee. cannot support. Then we say to folks who are making Today, we have an interesting discus- Isn’t it ironic that today, the Su- $2 million a year that we’re going to sion. We are debating the rule that will preme Court is considering section 5 of limit the number of preferences you enable us to bring to the floor the Vio- the Voting Rights Act, and we just had can take. We’re going to limit the lence Against Women Act. As part of a statue of Rosa Parks made available number of tax breaks that you take the debate on the rule, we are asking a to the public in Statuary Hall? that allow you to effectively pay a ‘‘no’’ vote on the previous question Friends, it’s time for us to come up to lower rate than the people who work which will enable us also to not only the standards of this time, and let’s for you. So if you’re making $2 million vote on the Violence Against Women bring all of our people with us. The or more per year, we say you should Act but, at completion, to go on to vot- LGBT community merits our consider- pay an effective tax rate of 30 percent. ing on the proposal that the Democrats ation. I will not vote for the substitute. The SPEAKER pro tempore. The have to resolve the sequester issue. I support the LGBT community. time of the gentleman has expired. I’ll start first, though, with the Vio- Mr. NUGENT. I continue to reserve Ms. SLAUGHTER. I yield the gen- lence Against Women Act. As of yester- the balance of my time. tleman an additional 2 minutes. day, it was over 500 days since the Vio- Ms. SLAUGHTER. Mr. Speaker, I am Mr. VAN HOLLEN. If you take that lence Against Women Act had expired. pleased to yield 3 minutes to the gen- balanced combination of targeted cuts The reauthorization is long overdue. tleman from Maryland (Mr. VAN HOL- and the elimination of tax breaks that Last year, the Senate, in a bipartisan LEN) to discuss the previous question. disproportionately benefit very way, passed a bill that was comprehen- Mr. VAN HOLLEN is the distinguished wealthy people, guess what happens? sive, that did the job. The House Re- ranking member on the Committee on You get the same deficit reduction over publicans resisted that. Here we are the Budget. the budget window, so you reduce the again, this year, last week, the Senate, Mr. VAN HOLLEN. I thank Ranking deficit by the same amount as you in a bipartisan way, passed 78–22 the Member SLAUGHTER. would get if you allow the sequester to Violence Against Women Act, which is I hope tomorrow this House will fi- take place throughout this year, but comprehensive and does the job. That nally have a chance to vote on the bi- you do it in a way that does not lose means 78 percent of the Senate voted— partisan Senate bill to prevent vio- 750,000 American jobs. You do it in a 78 percent of the Senate voted—for this lence against women. I hope tomorrow way that does not cause disruption at Violence Against Women Act. It means we will also have a chance to vote on a our airports; in a way that does not also that all of the women in the Sen- proposal that we’ve now put forward cause disruption to our food safety sys- ate, Democrats and Republicans alike, three times this year to replace the se- tem; in a way that does not cause dis- voted for this act. It also means that a quester. Unfortunately, the rule re- ruption to the nurses who are caring majority of the Republicans in the Sen- ported out of the House Rules Com- for our veterans in military hospitals ate—a majority of the Republicans in mittee denies us that opportunity. So and veterans hospitals around this the Senate—voted for this comprehen- let’s just remind people what will hap- country; and in a way that does not sive Violence Against Women Act. pen starting March 1. disrupt our military operations. So the Senate has passed it over- Starting March 1, if this House does So, Mr. Speaker, we just have a sim- whelmingly with the majority of Re- not take action to replace the seques- ple question: Why is it that as we gath- publicans supporting it. The President ter, we will lose 750,000 American jobs er here Wednesday, we’re denied the stands ready to sign it. Democrats in between March 1 and the end of this opportunity to even have a vote on this the House support it. We will call upon year. Those are not my numbers; those alternative, this balanced alternative, the leadership of GWEN MOORE, who has are not President Obama’s numbers; to prevent the loss of 750,000 American a similar bill in the House. We stand those are the numbers from the non- jobs? We’re not asking Members of this ready to support the Senate version. partisan, independent Congressional House to vote for our alternative, al- The Senate has passed it, we support Budget Office—750,000 fewer American though we think it’s a good one and it, the President is ready to sign it, jobs by the end of this year if we don’t would urge them to do so. We’re simply and, once again, the Republicans in the replace the sequester. asking that in the people’s House we House are the obstacle to passing this This majority in this House has not have a vote on an alternative to some- legislation. taken any action this year in this Con- thing that will create these great job It’s really hard to explain to anyone gress to prevent that sequester from losses and that great disruption. why we would say to the women of happening beginning Friday, not one I think the American people are America, Women of America, step for- step. We have now asked three times going to ask themselves why we were ward; we are stopping violence against for the opportunity to vote on our al- not even granted that opportunity with women. Not so fast if you’re an immi- ternative. less than 3 days to go before we hit grant, not so fast if you’re a member of So what’s our alternative, Mr. Speak- that across-the-board sequester, which the LGBT community, not so fast if er? Our alternative would replace the is just Washington-speak for massive you’re a Native American. What is sequester with a balanced mix of cuts job loss and massive economic disrup- that? Violence against some women and revenue generated by closing tax tion. but not others? Quite frankly, the loopholes and tax preferences that ben- In addition to the job loss, according groups that are excluded by the House efit the very wealthy. to the independent Congressional bill are the groups that are in the most So very specifically—because it’s a Budget Office, it will cause one-third need of protection against violence. concrete proposal—we would get rid of less economic output in the United So I would hope that in the course of the direct payments that go to agri- States of America in this year at a the debate that we will move on to on businesses, something that used to time when the economy remains very the Violence Against Women Act that have bipartisan support because that’s fragile. So I ask, finally, Mr. Speaker, we will all open our hearts to what is an unnecessary subsidy that has out- give us that opportunity at least to needed to reduce violence in the lives lived its purpose. So that’s a cut. vote so people have a choice to prevent of America’s women. the sequester. In the meantime, we have a proce- b 1310 I thank the gentlelady from New dure that is not preferable, we have We also say we no longer need tax- York, the ranking member of the Rules asked over and over again, as the dis- payer subsidies for the big oil compa- Committee. tinguished gentleman from Maryland nies. Guess what? That’s an idea that Ms. SLAUGHTER. Mr. Speaker, I’m (Mr. VAN HOLLEN) has said, this will be was proposed by President Bush who delighted to yield 1 minute to the gen- the third time we’ve asked to get a said taxpayers should no longer be giv- tlewoman from California, the Demo- vote on a Democratic alternative. The ing these big breaks to big oil compa- cratic leader, Ms. PELOSI. American people want to know why we nies; they don’t need that extra tax- Ms. PELOSI. Mr. Speaker, I thank can’t pass something to avoid seques- payer incentive in order to keep pro- the gentlewoman for yielding and for tration. We have this proposal that is

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.033 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H681 fair, that does make cuts, that does in GDP by one-third. That’s one num- lence Against Women Act, but we are produce revenue, and that does not im- ber. The second number: three, the also very much concerned about se- pede growth with jobs in our economy. number of times we’ve tried to get a questration. The reason we have All we want is a vote. Why do we have vote on this. The third number: zero, brought it up on a previous question on to beg, hat in hand, for a vote on the the number of times our Republican the Violence Against Women Act is floor of the House in this marketplace colleagues this year have tried to re- we’ve had absolutely no other oppor- of ideas? What are the Republicans solve the sequester issue. tunity to bring it up. afraid of? They may be afraid that it The SPEAKER pro tempore. The gen- The American public has been told will win because it makes so much tlewoman from Florida is recognized over and over again that twice this sense that their Members may be at- for 2 minutes. House has passed legislation dealing tracted to vote for it. Or they may not Ms. WASSERMAN SCHULTZ. Thank with sequestration. All of us know— want to put their Members on record you, Mr. Speaker. I’m not sure the public knows, but let voting against something that is so I rise today in support of this com- me make it clear—that anything done balanced, that is so commonsense driv- prehensive and bipartisan effort to end before December 31 of last year is no en that is a solution, a solution to se- violence against women. longer valid. questration. The Violence Against Women Act re- Nothing has been done this term to What does sequestration mean? Well, cently passed by the Senate properly stop the sequestration. The only effort whatever it means, this is what it updates this crucial legislation for the that has been made to do so has been equals: sequestration equals unemploy- 21st century by providing necessary re- done by Mr. VAN HOLLEN, the ranking ment. Sequestration equals job loss. sources and support to all victims of member of the Budget Committee. He And we just cannot have a slowing domestic violence regardless of their has a very moderate request, one that down of our economic growth. We can- race, ethnicity, or sexual orientation. does not do great harm either to the not afford losing the 700,000 jobs. That’s An overwhelming 78 Senators, includ- employment situation in the country the low estimate that has been put ing 23 Republicans, recognize the need or to the output of GDP, and what he forth by economists and by the Con- for these protections, and I’m thrilled said was terribly important. gressional Budget Office itself. that we’re finally moving to recognize What we are about to embark on here We urge people to vote ‘‘no’’ on the the same. is totally unknown. We know that it’s previous question, which means that I’d like to express my gratitude to bad. I think everybody has understood we would then be allowed to come to the champions of this bill in the House, that it’s bad. Why we would continue the floor to take up the Violence including the gentlelady from New to do it is beyond my imagination. But Against Women Act and also to take York. Several of my colleagues and I, let me make it absolutely clear here: up the sequestration bill. It is really along with hundreds of groups and no opportunity has been given to our something that deserves debate on the thousands of concerned citizens all side of the House to even attempt to floor of the House. across the country, have worked tire- deal with sequestration. This is it. The Republican leadership has said, lessly these past few weeks to make For any Member of the House of Rep- well, we voted on that last year. Last sure that the voices of survivors and resentatives who would like to go on year was another Congress. That Con- advocates could be heard over partisan record saying that they don’t want se- gress ended. How to make a law: Con- debate. That is why the bill we con- questration to take place on March 1, gress ends, we have an election, and a sider today reflects the needs of vulner- this is your only opportunity. So we new Congress begins. The Constitution able populations that have been ig- are asking that you will vote ‘‘no’’ on says that bills that relate to revenue or nored in the past. It will give Native the previous question so we can at to appropriations must begin in the American tribes the tools to hold abus- least go on record in this House and we House. So they said, We did it last ers accountable, LGBT survivors the can do our very best to stop what, by year. It doesn’t count. Let the Senate protection they need to access services, all accounts and by what all important begin. That’s not what the Constitu- and immigrant survivors the independ- economists say, will be an unmitigated tion says. ence necessary to escape violence. disaster. So let us take our responsibility and I’m proud to vote in favor of a com- If we defeat the previous question, we not be afraid of the ideas that people prehensive Violence Against Women will offer the amendment, which will sent us here to discuss. We don’t have Act for my constituents, for my chil- allow the House to vote on replacing to agree on every point, but we cer- dren, my daughters, and I urge all of the entire sequester for 2013 with sav- tainly should have an opportunity on my colleagues to do the same. ings from specific policies that reflect the floor of the House. People across Mr. NUGENT. I continue to reserve a balanced approach to reducing our the country are talking about this. the balance of my time. national deficit. It is a balanced ap- You can’t turn on any media without Ms. SLAUGHTER. Mr. Speaker, I proach, Mr. Speaker, not a meat-ax their talking about this. The only have no further requests for time. across the board. place we can’t talk about it or get a May I inquire of my colleague if he We have to act now if we’re going to vote on it is on the floor of the House has any more requests for time? avert this crisis. I can’t reiterate of Representatives. That’s plain wrong. Mr. NUGENT. I do not. enough that this is our only chance. If I urge a ‘‘no’’ vote on the previous Ms. SLAUGHTER. If not, then I’m we’re going to avoid the unnecessary question, a ‘‘no’’ vote on the Repub- prepared to close. cuts to essential programs, the time is lican Violence Against Women Act, and Mr. Speaker, I yield myself such time now. a ‘‘yes’’ vote on the bipartisan Senate as I may consume. Mr. Speaker, I ask unanimous con- bill when we have an opportunity to This has been a wonderful day for us sent to insert the text of the amend- vote on that. in some way because we are finally de- ment in the RECORD along with extra- bating the Violence Against Women neous material immediately prior to b 1320 Act, with a great possibility of passing the vote on the previous question. Mr. NUGENT. I continue to reserve the Senate bill, which will protect all The SPEAKER pro tempore. Is there the balance of my time. women in the United States and not objection to the request of the gentle- Ms. SLAUGHTER. Mr. Speaker, I just some. It’s terribly important that woman from New York? would like to yield 15 seconds to Mr. we do that. And I think we may have There was no objection. VAN HOLLEN for clarification, and fol- caused some confusion there as we talk Ms. SLAUGHTER. Mr. Speaker, I lowing that I will yield 2 minutes to about violence against women, and strongly urge all of my colleagues in the gentlelady from Florida (Ms. we’re also talking about the previous this House, because none of us want to WASSERMAN SCHULTZ). question which deals purely with se- face that abyss, to vote ‘‘no’’ to defeat Mr. VAN HOLLEN. Mr. Speaker, just questration. I would like to close the previous question, and I yield back three numbers: 750,000 fewer American speaking about that. the balance of my time. jobs, cutting growth in GDP by one- I think everyone understands the im- Mr. NUGENT. Mr. Speaker, I yield third, not economic output but growth portance that we attach to the Vio- myself such time as I may consume.

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.035 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H682 CONGRESSIONAL RECORD — HOUSE February 27, 2013 I support this rule and encourage my the bill to the House with such amendments tion on a resolution reported from the Com- colleagues to support it as well. as may have been adopted. The previous mittee on Rules, control shifts to the Mem- Every day, people flee their homes question shall be considered as ordered on ber leading the opposition to the previous because of violence they suffer at the the bill and amendments thereto to final question, who may offer a proper amendment hands of a domestic partner. If there’s passage without intervening motion except or motion and who controls the time for de- one motion to recommit with or without in- bate thereon.’’ something we can do to stop that vio- structions. If the Committee of the Whole Clearly, the vote on the previous question lence to save those women and chil- rises and reports that it has come to no reso- on a rule does have substantive policy impli- dren, then we need to do it. Inaction is lution on the bill, then on the next legisla- cations. It is one of the only available tools unacceptable. I’ve seen the con- tive day the House shall, immediately after for those who oppose the Republican major- sequences of doing nothing too many the third daily order of business under clause ity’s agenda and allows those with alter- times when it comes to domestic vio- 1 of rule XIV, resolve into the Committee of native views the opportunity to offer an al- lence. the Whole for further consideration of the ternative plan. We have before us a rule that pro- bill. Mr. NUGENT. With that, Mr. Speak- SEC. 3. Clause 1(c) of rule XIX shall not er, I yield back the balance of my time, vides the House with multiple options apply to the consideration of the bill speci- on how we take a stance against do- fied in section 2 of this resolution. and I move the previous question on mestic violence right here and right the resolution. now. We may not agree on which of THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The these two visions is the best one, but I IT REALLY MEANS question is on ordering the previous think we can all agree that something This vote, the vote on whether to order the question. must be done. That’s why I say to you, previous question on a special rule, is not The question was taken; and the Mr. Speaker, support the rule before us merely a procedural vote. A vote against or- Speaker pro tempore announced that today. If you want to do something, dering the previous question is a vote the ayes appeared to have it. anything, then you need to start with against the Republican majority agenda and Ms. SLAUGHTER. Mr. Speaker, on a vote to allow the Democratic minority to that I demand the yeas and nays. voting for the rule. That’s the first offer an alternative plan. It is a vote about step. That’s what we need to pass first what the House should be debating. The yeas and nays were ordered. and foremost so we can debate those Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- options. House of Representatives (VI, 308–311), de- ant to clause 8 of rule XX, further pro- Some folks here will like the Sen- scribes the vote on the previous question on ceedings on this question will be post- ate’s vision of the Violence Against the rule as ‘‘a motion to direct or control the poned. Women Reauthorization Act more than consideration of the subject before the House they like the House alternative. Others being made by the Member in charge.’’ To f have problems with the Senate bill and defeat the previous question is to give the opposition a chance to decide the subject be- RECESS think the House’s plan is the way to go fore the House. Cannon cites the Speaker’s The SPEAKER pro tempore. Pursu- forward. Either way, if you want to ruling of January 13, 1920, to the effect that ant to clause 12(a) of rule I, the Chair take a stand against violence against ‘‘the refusal of the House to sustain the de- declares the House in recess subject to women, then you need to support this mand for the previous question passes the the call of the Chair. rule. control of the resolution to the opposition’’ This rule is how we move to the next in order to offer an amendment. On March Accordingly (at 1 o’clock and 28 min- step, to debate the options before the 15, 1909, a member of the majority party of- utes p.m.), the House stood in recess. fered a rule resolution. The House defeated House to ensure that law enforcement f departments, organizations like the the previous question and a member of the opposition rose to a parliamentary inquiry, b 1514 Dawn Center back home, and victims asking who was entitled to recognition. of domestic violence can get the sup- Speaker Joseph G. Cannon (R–Illinois) said: AFTER RECESS port that they so desperately need. ‘‘The previous question having been refused, There are those who want to confuse the gentleman from New York, Mr. Fitz- The recess having expired, the House this with another issue before this gerald, who had asked the gentleman to was called to order by the Speaker pro House, but this is the issue that we yield to him for an amendment, is entitled to tempore (Mr. MCCLINTOCK) at 3 o’clock have today, the issue on domestic vio- the first recognition.’’ and 14 minutes p.m. lence, the Violence Against Women The Republican majority may say ‘‘the vote on the previous question is simply a f Act. vote on whether to proceed to an immediate The material previously referred to vote on adopting the resolution * * * [and] HOUR OF MEETING ON TOMORROW by Ms. SLAUGHTER is as follows: has no substantive legislative or policy im- Mr. NUGENT. Mr. Speaker, I ask AN AMENDMENT TO H. RES. 83 OFFERED BY plications whatsoever.’’ But that is not what unanimous consent that when the MS. SLAUGHTER OF NEW YORK they have always said. Listen to the Repub- House adjourns today, it adjourn to At the end of the resolution, add the fol- lican Leadership Manual on the Legislative lowing new sections: Process in the United States House of Rep- meet at 9 a.m. tomorrow. SEC. 2. Immediately upon adoption of this resentatives, (6th edition, page 135). Here’s The SPEAKER pro tempore. Is there resolution the Speaker shall, pursuant to how the Republicans describe the previous objection to the request of the gen- clause 2(b) of rule XVIII, declare the House question vote in their own manual: ‘‘Al- tleman from Florida? resolved into the Committee of the Whole though it is generally not possible to amend There was no objection. House on the for consider- the rule because the majority Member con- ation of the bill (H.R. 699) To amend the Bal- trolling the time will not yield for the pur- f anced Budget and Emergency Deficit Control pose of offering an amendment, the same re- Act of 1985 to repeal and replace the fiscal sult may be achieved by voting down the pre- ANNOUNCEMENT BY THE SPEAKER year 2013 sequestration. The first reading of vious question on the rule * * *. When the PRO TEMPORE the bill shall be dispensed with. All points of motion for the previous question is defeated, The SPEAKER pro tempore. Pursu- order against consideration of the bill are control of the time passes to the Member ant to clause 8 and clause 9 of rule XX, waived. General debate shall be confined to who led the opposition to ordering the pre- the bill and shall not exceed one hour equal- vious question. That Member, because he proceedings will resume on questions ly divided among and controlled by the chair then controls the time, may offer an amend- previously postponed. Votes will be and ranking minority member of the Com- ment to the rule, or yield for the purpose of taken in the following order: mittee on Ways and Means, the chair and amendment.’’ Ordering the previous question on ranking minority member of the Committee In Deschler’s Procedure in the U.S. House House Resolution 83; adopting House on the Budget, and the chair and ranking mi- of Representatives, the subchapter titled Resolution 83, if ordered; and agreeing nority member of the Committee on Agri- ‘‘Amending Special Rules’’ states: ‘‘a refusal to the Speaker’s approval of the Jour- culture. After general debate the bill shall be to order the previous question on such a rule nal. considered for amendment under the five- [a special rule reported from the Committee minute rule. All points of order against pro- on Rules] opens the resolution to amend- The first electronic vote will be con- visions in the bill are waived. At the conclu- ment and further debate.’’ (Chapter 21, sec- ducted as a 15-minute vote. Remaining sion of consideration of the bill for amend- tion 21.2) Section 21.3 continues: ‘‘Upon re- electronic votes will be conducted as 5- ment the Committee shall rise and report jection of the motion for the previous ques- minute votes.

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.036 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H683 PROVIDING FOR CONSIDERATION Valadao Wenstrup Womack The question was taken; and the OF S. 47, VIOLENCE AGAINST Wagner Westmoreland Woodall Speaker pro tempore announced that Walberg Whitfield Yoder WOMEN REAUTHORIZATION ACT Walden Williams Yoho the ayes appeared to have it. OF 2013 Walorski Wilson (SC) Young (FL) Mr. NUGENT. Mr. Speaker, on that I Weber (TX) Wittman Young (IN) demand the yeas and nays. The SPEAKER pro tempore. The un- Webster (FL) Wolf The yeas and nays were ordered. finished business is the vote on order- NAYS—196 ing the previous question on the reso- The SPEAKER pro tempore. This is a Andrews Grayson Nolan 5-minute vote. lution (H. Res. 83) providing for consid- Barber Green, Al O’Rourke eration of the bill (S. 47) to reauthorize Barrow (GA) Grijalva Owens The vote was taken by electronic de- the Violence Against Women Act of Bass Gutierrez Pallone vice, and there were—yeas 414, nays 9, Beatty Hahn Pascrell not voting 8, as follows: 1994, on which the yeas and nays were Becerra Hanabusa Pastor (AZ) ordered. Bera (CA) Hastings (FL) Payne [Roll No. 52] The Clerk read the title of the resolu- Bishop (GA) Heck (WA) Pelosi YEAS—414 tion. Bishop (NY) Higgins Perlmutter Blumenauer Himes Peters (CA) Aderholt Cummings Hinojosa The SPEAKER pro tempore. The Bonamici Hinojosa Peters (MI) Alexander Daines Holding question is on ordering the previous Brady (PA) Holt Peterson Amash Davis (CA) Holt Amodei Davis, Danny Honda question. Braley (IA) Honda Pingree (ME) Brown (FL) Horsford Pocan Andrews DeFazio Horsford The vote was taken by electronic de- Brownley (CA) Huffman Polis Bachmann DeGette Hoyer vice, and there were—yeas 229, nays Bustos Israel Price (NC) Bachus Delaney Hudson 196, not voting 6, as follows: Butterfield Jackson Lee Quigley Barber DeLauro Huffman Capps Jeffries Rahall Barletta DelBene Huizenga (MI) [Roll No. 51] Capuano Johnson (GA) Rangel Barr Denham Hultgren Barrow (GA) Dent Hunter YEAS—229 Ca´ rdenas Johnson, E. B. Richmond Carney Kaptur Roybal-Allard Barton DeSantis Hurt Aderholt Gibson Miller (FL) Carson (IN) Keating Ruiz Bass DesJarlais Israel Alexander Gingrey (GA) Miller (MI) Cartwright Kennedy Ruppersberger Beatty Deutch Issa Amash Gohmert Miller, Gary Castor (FL) Kildee Rush Becerra Diaz-Balart Jackson Lee Amodei Goodlatte Mullin Castro (TX) Kilmer Ryan (OH) Benishek Dingell Jeffries Bachmann Gosar Mulvaney Chu Kind Sa´ nchez, Linda Bentivolio Doggett Jenkins Bachus Gowdy Murphy (PA) Cicilline Kirkpatrick T. Bera (CA) Doyle Johnson (GA) Barletta Graves (GA) Neugebauer Clarke Kuster Sanchez, Loretta Bilirakis Duckworth Johnson (OH) Barr Graves (MO) Noem Clay Langevin Sarbanes Bishop (GA) Duffy Johnson, E. B. Barton Green, Gene Nugent Cleaver Larsen (WA) Schakowsky Bishop (NY) Duncan (SC) Johnson, Sam Benishek Griffin (AR) Nunes Clyburn Larson (CT) Schiff Bishop (UT) Duncan (TN) Jordan Bentivolio Griffith (VA) Nunnelee Cohen Lee (CA) Schneider Black Edwards Joyce Bilirakis Grimm Olson Connolly Levin Schrader Blackburn Ellison Kaptur Bishop (UT) Guthrie Palazzo Conyers Lewis Schwartz Blumenauer Ellmers Keating Black Hall Paulsen Cooper Lipinski Scott (VA) Bonamici Engel Kelly Blackburn Hanna Pearce Costa Loebsack Scott, David Bonner Enyart Kennedy Bonner Harper Perry Courtney Lofgren Serrano Boustany Eshoo Kildee Boustany Harris Petri Crowley Lowenthal Sewell (AL) Brady (PA) Esty Kilmer Brady (TX) Hartzler Pittenger Cuellar Lowey Shea-Porter Brady (TX) Farenthold Kind Bridenstine Hastings (WA) Pitts Cummings Lujan Grisham Sherman Braley (IA) Farr King (NY) Brooks (AL) Heck (NV) Poe (TX) Davis (CA) (NM) Sinema Bridenstine Fattah Kingston Brooks (IN) Hensarling Pompeo Davis, Danny Luja´ n, Ben Ray Sires Brooks (AL) Fincher Kinzinger (IL) Broun (GA) Herrera Beutler Posey DeFazio (NM) Slaughter Brooks (IN) Fitzpatrick Kirkpatrick Buchanan Holding Price (GA) DeGette Lynch Smith (WA) Brown (FL) Fleischmann Kline Bucshon Hudson Radel Delaney Maffei Speier Brownley (CA) Fleming Kuster Burgess Huelskamp Reed DeLauro Maloney, Swalwell (CA) Buchanan Flores Labrador Calvert Huizenga (MI) Reichert DelBene Carolyn Takano Bucshon Forbes LaMalfa Camp Hultgren Renacci Deutch Maloney, Sean Thompson (CA) Burgess Fortenberry Lamborn Campbell Hunter Ribble Dingell Markey Thompson (MS) Bustos Foster Lance Cantor Hurt Rice (SC) Doggett Matheson Tierney Butterfield Frankel (FL) Langevin Capito Issa Rigell Doyle Matsui Titus Calvert Franks (AZ) Lankford Carter Jenkins Roby Duckworth McCarthy (NY) Tonko Camp Frelinghuysen Larsen (WA) Cassidy Johnson (OH) Roe (TN) Edwards McCollum Tsongas Campbell Fudge Larson (CT) Chabot Johnson, Sam Rogers (AL) Ellison McDermott Van Hollen Cantor Gabbard Latham Chaffetz Jones Rogers (KY) Engel McGovern Vargas Capito Gallego Latta Coffman Jordan Rogers (MI) Enyart McNerney Veasey Capps Garamendi Lee (CA) Cole Joyce Rohrabacher Eshoo Meeks Vela Capuano Garcia Levin ´ Collins (GA) Kelly Rokita Esty Meng Vela´ zquez Cardenas Gardner Lewis Collins (NY) King (IA) Rooney Farr Michaud Visclosky Carney Gerlach Lipinski Conaway King (NY) Ros-Lehtinen Fattah Miller, George Walz Carson (IN) Gibbs LoBiondo Cook Kingston Roskam Foster Moore Wasserman Carter Gibson Loebsack Cotton Kinzinger (IL) Ross Frankel (FL) Moran Schultz Cartwright Gingrey (GA) Lofgren Cramer Kline Rothfus Fudge Murphy (FL) Watt Cassidy Goodlatte Long Crawford Labrador Royce Gabbard Nadler Waxman Castor (FL) Gosar Lowenthal Crenshaw LaMalfa Runyan Gallego Napolitano Welch Castro (TX) Gowdy Lowey Daines Lamborn Ryan (WI) Garamendi Neal Wilson (FL) Chabot Graves (GA) Lucas Davis, Rodney Lance Salmon Garcia Negrete McLeod Yarmuth Chaffetz Graves (MO) Luetkemeyer Denham Lankford Scalise Chu Grayson Lujan Grisham Dent Latham Schock NOT VOTING—6 Cicilline Green, Al (NM) ´ DeSantis Latta Schweikert Coble Granger Waters Clarke Green, Gene Lujan, Ben Ray DesJarlais LoBiondo Scott, Austin Culberson Hoyer Young (AK) Clay Griffin (AR) (NM) Diaz-Balart Long Sensenbrenner Cleaver Griffith (VA) Lummis Duffy Lucas Sessions b 1543 Clyburn Grijalva Lynch Duncan (SC) Luetkemeyer Shimkus Coffman Grimm Maffei Duncan (TN) Lummis Shuster Ms. SINEMA, Ms. ESHOO, Mrs. Cohen Guthrie Maloney, Ellmers Marchant Simpson BEATTY, Messrs. AL GREEN of Texas Cole Gutierrez Carolyn Farenthold Marino Smith (NE) and GALLEGO changed their vote from Collins (GA) Hahn Maloney, Sean Fincher Massie Smith (NJ) Collins (NY) Hall Marchant Fitzpatrick McCarthy (CA) Smith (TX) ‘‘yea’’ to ‘‘nay.’’ Conaway Hanabusa Marino Fleischmann McCaul Southerland Mr. MCINTYRE changed his vote Connolly Hanna Markey Fleming McClintock Stewart from ‘‘nay’’ to ‘‘yea.’’ Conyers Harper Matheson Flores McHenry Stivers Mr. MCCLINTOCK changed his vote Cook Harris Matsui Forbes McIntyre Stockman Cooper Hartzler McCarthy (CA) Fortenberry McKeon Stutzman from ‘‘present’’ to ‘‘yea.’’ Costa Hastings (FL) McCarthy (NY) Foxx McKinley Terry So the previous question was ordered. Cotton Hastings (WA) McCaul Franks (AZ) McMorris Thompson (PA) The result of the vote was announced Courtney Heck (NV) McCollum Frelinghuysen Rodgers Thornberry as above recorded. Cramer Heck (WA) McDermott Gardner Meadows Tiberi The SPEAKER pro tempore (Mr. Crawford Hensarling McGovern Garrett Meehan Tipton Crenshaw Herrera Beutler McHenry Gerlach Messer Turner HARPER). The question is on the resolu- Crowley Higgins McIntyre Gibbs Mica Upton tion. Cuellar Himes McKeon

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.049 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H684 CONGRESSIONAL RECORD — HOUSE February 27, 2013 McKinley Quigley Smith (NE) 119, answered ‘‘present’’ 1, not voting Watt Westmoreland Wolf McMorris Radel Smith (WA) Waxman Whitfield Womack Rodgers Rahall Southerland 18, as follows: Weber (TX) Williams Yarmuth McNerney Rangel Speier [Roll No. 53] Webster (FL) Wilson (FL) Yoho Meadows Reed Stewart Welch Wilson (SC) Young (FL) Meehan Reichert Stivers YEAS—293 Wenstrup Wittman Young (IN) Meeks Renacci Stockman Meng Ribble Stutzman Aderholt Gabbard Moran NAYS—119 Messer Rice (SC) Swalwell (CA) Alexander Gallego Mullin Amash Heck (NV) Pearce Amodei Garamendi Murphy (FL) Mica Richmond Takano Andrews Herrera Beutler Peters (CA) Bachmann Garcia Murphy (PA) Michaud Rigell Terry Benishek Holding Peters (MI) Bachus Garrett Nadler Miller (FL) Roby Thompson (CA) Bentivolio Honda Peterson Miller (MI) Roe (TN) Thompson (MS) Barber Gerlach Napolitano Bishop (NY) Hoyer Barletta Gibbs Negrete McLeod Pittenger Miller, Gary Rogers (AL) Thompson (PA) Brady (PA) Hudson Poe (TX) Miller, George Rogers (KY) Thornberry Barr Gingrey (GA) Neugebauer Burgess Huelskamp Radel Moore Rogers (MI) Tiberi Barrow (GA) Goodlatte Noem Capito Huffman Rahall Moran Rohrabacher Tierney Barton Gosar Nunes Capuano Hunter Reed Mullin Rokita Tipton Beatty Gowdy Nunnelee Ca´ rdenas Jackson Lee Reichert Mulvaney Rooney Titus Becerra Grayson O’Rourke Castor (FL) Jeffries Murphy (FL) Ros-Lehtinen Tonko Bera (CA) Griffith (VA) Olson Chaffetz Jenkins Renacci Murphy (PA) Roskam Tsongas Bilirakis Grimm Palazzo Clarke Johnson (OH) Rigell Nadler Ross Turner Bishop (GA) Guthrie Pascrell Coffman Johnson, E. B. Roe (TN) Napolitano Rothfus Upton Bishop (UT) Gutierrez Payne Conaway Jordan Rooney Neal Roybal-Allard Valadao Black Hahn Pelosi Conyers Keating Ryan (OH) Negrete McLeod Royce Van Hollen Blackburn Hall Perlmutter Courtney Kilmer Sa´ nchez, Linda Neugebauer Ruiz Vargas Blumenauer Hanabusa Perry Crowley Kinzinger (IL) T. Noem Runyan Veasey Bonner Harper Petri Cuellar Lance Sanchez, Loretta Nolan Ruppersberger Vela Boustany Hartzler Pingree (ME) Cummings Langevin Sarbanes Brady (TX) Hastings (WA) Pitts Nugent Rush Vela´ zquez Davis, Rodney Latham Schakowsky Braley (IA) Heck (WA) Pocan Nunes Ryan (OH) Visclosky DeFazio Lee (CA) Sewell (AL) Bridenstine Hensarling Polis Nunnelee Ryan (WI) Wagner Denham Lewis Sires O’Rourke Sa´ nchez, Linda Walberg Brooks (AL) Higgins Pompeo Dent LoBiondo Brooks (IN) Himes Posey Slaughter Olson T. Walden DeSantis Lummis Southerland Owens Sanchez, Loretta Walorski Broun (GA) Hinojosa Price (NC) Duffy Lynch Stivers Palazzo Sarbanes Walz Brown (FL) Holt Quigley Duncan (SC) Maloney, Stockman Pallone Scalise Wasserman Brownley (CA) Horsford Rangel Edwards Carolyn Terry Pascrell Schakowsky Schultz Buchanan Huizenga (MI) Rice (SC) Farr Matheson Thompson (CA) Pastor (AZ) Schiff Waters Bucshon Hultgren Roby Fincher McDermott Thompson (MS) Paulsen Schneider Watt Bustos Hurt Rogers (AL) Fitzpatrick McGovern Payne Schock Waxman Butterfield Issa Rogers (KY) Foxx McKinley Tiberi Pearce Schrader Weber (TX) Calvert Johnson (GA) Rogers (MI) Gardner Meehan Tipton Pelosi Schwartz Webster (FL) Camp Johnson, Sam Rohrabacher Gibson Meng Valadao Perlmutter Schweikert Welch Campbell Jones Rokita Graves (GA) Mulvaney Veasey Perry Scott (VA) Wenstrup Capps Joyce Ros-Lehtinen Graves (MO) Neal Vela Peters (CA) Scott, Austin Westmoreland Carney Kaptur Roskam Green, Al Nolan Visclosky Peters (MI) Scott, David Whitfield Carson (IN) Kelly Ross Green, Gene Nugent Walberg Peterson Sensenbrenner Williams Carter Kennedy Rothfus Griffin (AR) Pallone Walden Petri Serrano Wilson (FL) Cartwright Kildee Roybal-Allard Hanna Pastor (AZ) Woodall Pingree (ME) Sessions Wilson (SC) Cassidy Kind Royce Hastings (FL) Paulsen Yoder Pittenger Sewell (AL) Wittman Castro (TX) King (IA) Ruiz Pitts Shea-Porter Wolf Chabot King (NY) Runyan ANSWERED ‘‘PRESENT’’—1 Chu Kingston Ruppersberger Pocan Sherman Womack Owens Poe (TX) Shimkus Woodall Cicilline Kirkpatrick Rush Polis Shuster Yarmuth Clay Kline Ryan (WI) NOT VOTING—18 Cleaver Kuster Salmon Pompeo Simpson Yoder Bass Gohmert Miller, Gary Posey Sinema Yoho Clyburn Labrador Scalise Cohen LaMalfa Schiff Bonamici Granger Miller, George Price (GA) Sires Young (FL) Cantor Grijalva Price (GA) Price (NC) Slaughter Young (IN) Cole Lamborn Schneider Collins (GA) Lankford Schock Coble Harris Ribble NAYS—9 Collins (NY) Larsen (WA) Schrader Cotton Israel Richmond Culberson McCaul Young (AK) Broun (GA) Huelskamp Massie Connolly Larson (CT) Schwartz Garrett Jones McClintock Cook Latta Schweikert b 1558 Gohmert King (IA) Salmon Cooper Levin Scott (VA) Costa Lipinski Scott, Austin So the Journal was approved. NOT VOTING—8 Cramer Loebsack Scott, David The result of the vote was announced Crawford Lofgren Sensenbrenner Coble Foxx Smith (TX) Crenshaw Long Serrano as above recorded. Culberson Granger Young (AK) Daines Lowenthal Sessions Davis, Rodney Smith (NJ) f Davis (CA) Lowey Shea-Porter b 1550 Davis, Danny Lucas Sherman AVERTING SEQUESTRATION DeGette Luetkemeyer Shimkus So the resolution was agreed to. Delaney Lujan Grisham Shuster (Mr. LANGEVIN asked and was given The result of the vote was announced DeLauro (NM) Simpson permission to address the House for 1 DelBene Luja´ n, Ben Ray Sinema minute and to revise and extend his re- as above recorded. DesJarlais (NM) Smith (NE) A motion to reconsider was laid on Deutch Maffei Smith (NJ) marks.) the table. Diaz-Balart Maloney, Sean Smith (TX) Mr. LANGEVIN. Mr. Speaker, I rise Stated for: Dingell Marchant Smith (WA) today to call on Republican leaders to Doggett Marino Speier keep the House in session until Con- Mr. RODNEY DAVIS of Illinois. Mr. Speak- Doyle Markey Stewart er, on rollcall No. 52 I was on the floor and Duckworth Massie Stutzman gress fulfills its responsibility to the tried to vote when it was closed. Had I been Duncan (TN) Matsui Swalwell (CA) American people by averting sequestra- Ellison McCarthy (CA) Takano tion. present, I would have voted ‘‘yea.’’ Ellmers McCarthy (NY) Thompson (PA) f Engel McClintock Thornberry With Rhode Island unemployment at Enyart McCollum Tierney 10.2 percent, my constituents cannot THE JOURNAL Eshoo McHenry Titus afford a single day of these indiscrimi- The SPEAKER pro tempore. The un- Esty McIntyre Tonko nate cuts. They will have a negative Farenthold McKeon Tsongas finished business is the question on Fattah McMorris Turner impact on Rhode Islanders seeking job agreeing to the Speaker’s approval of Fleischmann Rodgers Upton assistance, teachers educating our chil- the Journal, on which the yeas and Fleming McNerney Van Hollen dren, and countless seniors who rely on Flores Meadows Vargas nays were ordered. Forbes Meeks Vela´ zquez food assistance, not to mention the nu- The question is on the Speaker’s ap- Fortenberry Messer Wagner merous jobs in our defense industry. proval of the Journal. Foster Mica Walorski We’ve found compromise in the past. This is a 5-minute vote. Frankel (FL) Michaud Walz Since April of 2011, Congress has re- Franks (AZ) Miller (FL) Wasserman The vote was taken by electronic de- Frelinghuysen Miller (MI) Schultz duced the deficit by over $2.5 trillion, vice, and there were—yeas 293, nays Fudge Moore Waters cutting spending by over $1.4 trillion,

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.007 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H685 with almost $3 in spending cuts for you. You weren’t even in Congress when the will have less money to eat out. They’ll every $1 of revenue. Mr. Speaker, Budget Control Act passed. But real people have less money to see a movie or to Democrats in the House and the Sen- are going to get hurt—bad—veterans and sol- shop at our small businesses. We can- ate, along with the President, have put diers. This is just incredible. I cannot believe not afford to have this happen. Congress is going to let this train wreck hap- forward balanced proposals to avert pen. I know you know this, but it matters a I introduced my first piece of legisla- these devastating cuts. I urge you to great deal to us in DOD and the Guard, both tion a couple of weeks ago, the Govern- listen to the American people and to the civilian employees who will be the im- ment Waste Reduction Act. It is a bi- bring balanced legislation to the floor mediate victims, and to the rest of us who partisan, commonsense approach to re- for a vote. Our communities cannot af- have to deal with the fallout. duce government waste and not impact ford to wait. f the middle class. This type of approach f OBAMA ADMINISTRATION PLAYS is reasonable, responsible, and rational, POLITICS and that’s what I would call for in a bi- NATURAL GAS OFFERING ENERGY partisan fashion. REVOLUTION (Mr. ROONEY asked and was given f (Mr. THOMPSON of Pennsylvania permission to address the House for 1 asked and was given permission to ad- minute.) b 1610 dress the House for 1 minute and to re- Mr. ROONEY. Mr. Speaker, yester- vise and extend his remarks.) day the administration, in an effort to SEQUESTRATION Mr. THOMPSON of Pennsylvania. drive home the devastating impacts of (Ms. FRANKEL of Florida asked and Mr. Speaker, the Congressional Nat- sequestration, indicated that they was given permission to address the ural Gas Caucus has relaunched with a would begin releasing criminal aliens House for 1 minute and to revise and four-member bipartisan leadership held in detention centers across the extend her remarks.) team in order to expand efforts and or- United States. This policy is not only a Ms. FRANKEL of Florida. Mr. Speak- ganizational resources in the 113th shortsighted scare tactic, but it is also er, I rise today to talk about Ruth. Congress. a completely inappropriate way to han- She’s 91 years old, from my hometown. Despite a fragile economic recovery, dle our fiscal problems. And Ruth, like many of my constitu- the Nation is witnessing an energy rev- By releasing these criminals out into ents, through the years, she’s lost her olution through which energy resource the communities, the Obama adminis- network of family and friends. development is offering economic tration is also playing politics with After coming home from the hos- growth, new jobs, and lower energy American safety. Not to mention, the pital, she was unable to shop or cook costs. America’s newly found ability to administration is placing an undue ad- and could barely get out of bed. Ac- access expansive reserves of natural ditional burden on the already strained cording to Ruth, her life was literally gas is a large part of this new domestic Federal programs that have succeeded saved by a Federal program called resource base, which has afforded new in identifying, arresting, and removing Meals on Wheels that delivers more opportunities for America’s manufac- criminal aliens. Ordering the release of than a million meals to seniors in need turing sector based on the comparative criminals back into our communities each day. advantages of lower energy costs and because their crimes aren’t serious On Friday, as a result of mindless, in- for American families as they heat enough to qualify for deportation com- discriminate budget cuts known as se- their homes at a fraction of the cost. pletely ignores DHS’s core mission to questration, folks like Ruth, across Despite these new fortunes, there are address our Nation’s illegal immigra- this country, will be in jeopardy of countless policy challenges that must tion problem. We’re putting our com- going hungry, and that is wrong. So I be leveraged for the Nation to continue munities at risk, stressing local law urge my colleagues to do what is right, benefiting from this abundant, clean, enforcement, and not saving a dime come together, stop the sequestration, low-cost energy source. once repeat offenders find themselves and implement a long-term, balanced The mission of the Congressional back in the system. approach to reducing our national Natural Gas Caucus is to educate Mem- Mr. Speaker, we are a Nation of laws. debt. bers of Congress and the public about We would do well to remember that. Mr. Speaker, I ask unanimous con- the importance of natural gas as a do- f sent to bring up H.R. 699, a balanced mestic energy resource and its role in AVERTING SEQUESTRATION bill to replace the sequester with meeting the Nation’s energy demand spending cuts and revenues. (Mrs. BUSTOS asked and was given and in attaining energy security. The SPEAKER pro tempore (Mr. permission to address the House for 1 I, along with my fellow cochairs— BENTIVOLIO). Under the guidelines con- minute.) Representative GENE GREEN from Mrs. BUSTOS. Mr. Speaker, I rise to sistently issued by successive Speak- Texas, Representative TOM REED from speak out today against the automatic ers, as recorded on page 752 of the New York, and Representative JIM cuts known as sequestration which are House Rules Manual, the Chair is con- COSTA from California—encourage set to kick in days from right now. strained not to entertain the gentle- Members to join us in this effort today. These cuts were designed to be so pain- woman’s request until it has been f ful and so terrible that they would cleared by the bipartisan floor and committee leaderships. AVERTING SEQUESTRATION never see the light of day. This is budg- etary insanity. That is why I have op- f (Mr. ENYART asked and was given posed sequestration from the start. permission to address the House for 1 Earlier today, I met with the Quad SEQUESTRATION minute.) Cities Chamber of Commerce and rep- (Ms. DUCKWORTH asked and was Mr. ENYART. Mr. Speaker, I rise resentatives from the Rock Island Ar- given permission to address the House today because southern Illinois folks senal. Last week, I met with a defense for 1 minute and to revise and extend are worried about sequestration under- contractor from Rockford, Illinois, and her remarks.) mining the economy and costing us I toured the USDA Research Lab in Pe- Ms. DUCKWORTH. Mr. Speaker, last jobs. I want to share with you today a oria, Illinois. That’s the place where week I traveled across my district lis- letter about those concerns. This letter they figured out how to mass produce tening to my neighbors, who cannot af- is from the supervisor of a young Na- penicillin, and these are the kinds of ford the cuts that will go into place tional Guard family. programs that are at risk. These pro- under sequestration. At Harper Col- Sarah and Mike, a young couple, one small grams are rightly worried about the lege, school superintendents told me child and another on the way, both deployed impact of sequestration. that sequestration will cut vital pro- to Afghanistan with us in 2008. If nothing changes, Sarah will get hit with the fur- We will see job losses because of this grams and jeopardize the future of our loughs, and Mike will probably lose his full- flawed budget process, and it will have children. time National Guard job entirely. This is a trickle-down effect throughout the In Hanover Park, I listened to offi- just devastating. Obviously, don’t blame region that I represent. Our residents cials discussing desperately needed

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.055 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H686 CONGRESSIONAL RECORD — HOUSE February 27, 2013 transportation investments. With se- SEQUESTRATION This is in addition to cuts that will questration, we will lose both construc- (Mr. WOODALL asked and was given impact food safety inspection, Meals tion jobs and potential new invest- permission to address the House for 1 on Wheels for seniors, support for pub- ments in our business parks. minute.) lic safety officers, and to keep air traf- In Itasca, veterans who would sac- Mr. WOODALL. Mr. Speaker, as a fic controllers on the job. I ask unanimous consent to bring up rifice everything for our Nation wonder freshman here on the House floor just 2 my colleague Mr. VAN HOLLEN’s Stop why Congress can’t come together and years ago, it does my heart good to see the Sequester Job Loss Now Act. It re- stop the cuts that will hurt this coun- my freshman colleagues coming down places sequestration with a balanced, try they love so much. They didn’t go from the other side of the aisle, be- bipartisan approach to deficit reduc- home until they got their mission ac- cause I came down with that same vi- tion. complished, and we shouldn’t go home sion 2 years ago to work together to until we revolve this self-inflicted cri- We have a responsibility in this body: address the big issues that are out pass a budget that protects the middle sis. there. Both parties agreed to the sequester. class, our seniors, and the most vulner- I serve on the Budget Committee, Mr. able—and we have to act. The time for finger-pointing and as- Speaker, and for fiscal year 2013, we’re signing blame is over. We should imme- The SPEAKER pro tempore. As the going to post a $1 trillion annual def- Chair previously advised, that request diately vote on and pass commonsense icit. This sequester that every Member measures like stopping Medicare fraud, cannot be entertained absent appro- is rightly concerned about is $85 bil- priate clearance. ending subsidies for oil and gas indus- lion, less than one-tenth the magnitude f tries, and ending tax loopholes for of the decisions we really need to make large corporations. to get America back on fiscal track. b 1620 Mr. Speaker, I ask unanimous con- Is the sequester anybody’s idea of the HOUSE VOTED TWICE TO REPEAL sent to bring up House Resolution 699, right way to do it? I don’t believe that a balanced bill to replace the sequester THE SEQUESTER it is. (Mr. AUSTIN SCOTT of Georgia with spending cuts and revenues, a Is everyone’s idea of the right way to measure that would save thousands of asked and was given permission to ad- do it to deal with that part of the budg- dress the House for 1 minute.) jobs. et that we don’t do in discretionary The SPEAKER pro tempore. As the Mr. AUSTIN SCOTT of Georgia. spending? The big two-thirds, that Chair previously advised, that request What I want to remind the people of is mandatory spending that we have to cannot be entertained absent appro- that this House has twice passed legis- come together on to deal with? And the priate clearance. lation to repeal the sequester. The Sen- answer is absolutely, yes. ate has not done anything. Quite hon- f I stand ready to work with my fresh- estly, they have just chosen not to do SEQUESTRATION man colleagues on both sides of the their job over there. (Mr. BARBER asked and was given aisle to do those big things that need The President has yet to give us a permission to address the House for 1 to be done. But Mr. Speaker, we have written proposal. But this House, the minute.) raised taxes already in 2013. The CBO people’s House, twice voted to repeal Mr. BARBER. Mr. Speaker, we are reports that an additional $1 trillion the sequester with responsible spending now less than 48 hours from sweeping will come into the Treasury over the cuts. and irresponsible, across-the-board next 10 years. f What we need is not more taxes. budget cuts that will go into effect on THE SEQUESTER Friday. These cuts will weaken our What we need are responsible spending (Ms. MICHELLE LUJAN GRISHAM military, harm our border security, un- cuts, Mr. Speaker. of New Mexico asked and was given dermine economic recovery, and hurt f permission to address the House for 1 southern Arizona families. SEQUESTRATION minute and to revise and extend her re- We must work together. We can, I am marks.) (Ms. DELAURO asked and was given confident, craft a rational, bipartisan Ms. MICHELLE LUJAN GRISHAM of permission to address the House for 1 solution to reduce the debt so these New Mexico. Time is short, Mr. Speak- minute and to revise and extend her re- cuts can be avoided. er. March 1 is just a few hours away, marks.) Last week I stood with officials from and the Republicans refuse to bring Ms. DELAURO. The House majority the University of Arizona, the city of forward a balanced plan to replace the should bring legislation to this floor Tucson, law enforcement, Border Pa- meat-ax approach to governing known that will prevent the automatic, trol agents, civilian employees of the as sequestration. airbase and the garrison at Fort across-the-board cuts that will occur My constituents have been clear with Huachuca, and local health care groups on Friday. These dangerous, indis- me: We should stop the blame game, and community agencies to demand criminate cuts threaten our economy and we must stop this sequester from that we take action on sequestration. and vital services for our children, for happening. New Mexicans are worried. The critical services that these women, for seniors, small businessmen, They know what happens if we don’t groups and individuals and countless and our servicemembers in uniform. stop the sequester: others provide to Arizonans will be cut Today, we are spending $12 billion More than 750,000 jobs are at risk just because Congress has not come to- less on labor, health, and education this year. gether with a commonsense solution. programs than we were in 2002. And be- Almost 10,000 New Mexicans won’t be In my districts, these cuts mean longer cause of the cuts we made in the Budg- able to get the help and skills they wait times at the border and ports of et Control Act, we will be spending $21 need to find a job. entry, and less security between them. billion less on these programs in 2022. Small businesses, the backbone of This is absolutely unacceptable. And yet, despite these already made our economy, won’t be able to get the Sequestration hurts the ability of re- cuts the sequester will gut labor, loans that they need to expand and turning veterans to find a job. This is health, and education programs by grow. also unacceptable. nearly another $7 billion this year. Just in New Mexico, almost 7,000 ci- And as I’ve said before, I’m willing to The results? Over 10,000 fewer people vilian furloughs from the Defense De- work here with all of my colleagues to in my State will get the assistance partment, resulting in $42 million less find a middle ground. We owe our com- they need to find jobs. Over 1,500 fewer in gross pay for those employees, forc- munities a budget, one that balances Connecticut children will see vaccines ing middle class families to deal with new revenues, eliminates ineffective for diseases. And 8,000 disadvantaged losses equal to one mortgage payment programs and allows vital services to students will lose access to educational or more. continue. services. This will also relieve teachers Lastly, one of my State’s and dis- We should not recess tomorrow. We and teacher aides of their jobs, thereby trict’s largest employers, Sandia Na- should stay here and do our job. raising unemployment. tional Laboratories, has implemented a

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.061 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H687 hiring freeze. This move will stunt eco- San Diego. Manufacturing companies not the right thing to do. We all know nomic growth and be devastating to that rely on defense funding could lose it’s not the smart thing to do. New Mexico’s economy. 223,000 jobs. Neglecting ship repairs My constituents in San Diego and ev- I ask unanimous consent to bring up will not only lead to job loss and eryone outside of D.C. knows that it’s H.R. 699, a balanced bill to replace the threaten morale—it undermines our harmful. San Diegan air traffic con- sequester with spending cuts and rev- national security and our readiness. trollers, our Border Patrol officers, and enue. Mr. Speaker, let’s prove to San Diego civilian defense personnel put on leave, The SPEAKER pro tempore. As the and the America people that Congress making us less safe and less efficient? Chair previously advised, that request is not broken. Let’s work together to San Diegan senior citizens, many who cannot be entertained absent appro- find a solution that doesn’t com- have served our country, sent messages priate clearance. promise our national security and that stating that they will not be able to re- f balances fiscal responsibility with eco- ceive the meals they depend on. nomic growth. San Diego teachers furloughed, dis- SEQUESTRATION f rupting our children’s education? (Mr. GARAMENDI asked and was Blindly taking an ax to our budget is given permission to address the House SEQUESTER not a solution, it’s a problem. for 1 minute and to revise and extend (Mr. KENNEDY asked and was given With that, I ask unanimous consent his remarks.) permission to address the House for 1 to bring up H.R. 699, a balanced bill to Mr. GARAMENDI. I rise today to tell minute and to revise and extend his re- replace the sequester with spending the story of how northern California marks.) cuts and revenues. communities that I represent will be Mr. KENNEDY. Mr. Speaker, I rise The SPEAKER pro tempore. As the harmed by sequestration. today to urge my colleagues to come Chair previously advised, that request Travis Air Force Base in my district together and avoid sequestration. cannot be entertained absent appro- makes sure that the equipment and Make no mistake: These cuts aren’t priate clearance. personnel that our military needs are just fodder for newspaper headlines. f delivered quickly and safely around the They are real. They are deep. And they SEQUESTRATION world. They’re the world’s first re- will hurt. sponder when disaster strikes. Thirty- Back home in my district in Taun- (Mr. CROWLEY asked and was given two hundred civilians will be fur- ton, Massachusetts, we have an active permission to address the House for 1 loughed beginning next week. They chapter of Jumpstart, a national lit- minute and to revise and extend his re- will have a loss of some $30 million of eracy organization that pairs commu- marks.) income over the next 6 months. nity volunteers with low-income pre- Mr. CROWLEY. Starting Friday, Near Marysville, California, Beale school children. They operate in tan- careless and devastating across-the- Air Force Base operates an intel- dem with the local Head Start. If se- board spending cuts will hit America’s ligence, surveillance, and reconnais- questration happens, over 70,000 chil- economy and stifle our recovery. But sance mission that supplies our Na- dren across the country could lose ac- the only thing my colleagues on the tion’s military with timely informa- cess to Head Start—1,500 in Massachu- other side of the aisle can say is: It’s tion to save American lives on the bat- setts—jeopardizing the ability of about time. tlefield. Fourteen hundred civilians Jumpstart to continue offering their Do we need to address our Nation’s will be furloughed, with $13 million in services. On top of that, the organiza- deficit? Absolutely. But cutting 750,000 lost wages. tion is run on the hard work of volun- American jobs, food safety inspections, Families and their income are impor- teers, most of whom come through and health care benefits for our 9/11 tant. But so is national security, which Federal work-study programs—800 jobs first responders isn’t the right way to will be compromised by sequestration. lost in Massachusetts alone—or do it. The U.S. can’t lead the world in Yuba City, one of the major places in AmeriCorps—$38 million in cuts across medical research if we aren’t funding the United States prone to flood prob- the board. the National Institutes of Health. We lems, will see their critical levee pro- Those are big numbers. But for a mo- can’t protect ourselves from cybersecu- tection that the Army Corps of Engi- ment forget the numbers. The numbers rity threats if the very people who neers is working on delayed and not are just a succinct way of saying work on this issue are laid off. And we completed for next winter’s floods. there’s a 4-year-old girl in Taunton, can’t expect our children to compete in The University of California-Davis Massachusetts, whose single mother tomorrow’s global economy if we deny will similarly be harmed. depends on Jumpstart to get her child them access to critical programs like It’s time to end sequestration, and I up to speed for kindergarten while she Head Start today. ask unanimous consent that H.R. 699 be works two jobs to keep food on the It doesn’t have to be this way. Demo- brought up for a vote. table. crats and President Obama have a solu- The SPEAKER pro tempore. As the Our budget is in difficult shape. It tion. Our plan will put an end to the Chair previously advised, that request will require tough choices to clean up. slash-and-burn cuts and replace it with cannot be entertained absent appro- But they have to be smart choices, reductions to our deficit through the priate clearance. worthy of our constituents back home closure of tax loopholes and an end to wasteful spending. f who put their faith and trust in each and every one of us. So, Mr. Speaker, there’s a way out. THE EFFECT OF SEQUESTRATION There’s another path forward that will f ON THE MILITARY ensure we protect investments in our (Mr. PETERS of California asked and SEQUESTRATION Nation’s future. was given permission to address the (Mrs. DAVIS of California asked and I will ask that tomorrow the Speaker House for 1 minute.) was given permission to address the ask unanimous consent to bring up Mr. PETERS of California. Tomorrow House for 1 minute.) H.R. 699, a balanced plan to reduce our is the last day we have to avoid seques- Mrs. DAVIS of California. The once deficit. ter. I’ve spoken on the House floor inconceivable now seems to be becom- The SPEAKER pro tempore. As the about how San Diego will be dispropor- ing the inevitable. On Friday, the se- Chair previously advised, such a re- tionately affected. Today, I want to ad- quester, a plan designed to never be im- quest cannot be entertained absent ap- dress our national security. plemented, will be triggered. And now propriate clearance. Almost one in four jobs in San Diego the question among the papers and f County are defense related. Nearly 25 pundits is exactly how bad sequester b 1630 percent of defense contractors are will turn out to be. My question is: small businesses. Already, shipbuilding Why aren’t we debating how to stop it? VIOLENCE AGAINST WOMEN ACT and maintenance contracts have been Why are we not working together on a (Mr. FARR asked and was given per- canceled, including 10 ship repairs in balanced fiscal plan? We all know it’s mission to address the House for 1

VerDate Mar 15 2010 03:31 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.063 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H688 CONGRESSIONAL RECORD — HOUSE February 27, 2013 minute and to revise and extend his re- all those trips of the rhetoric and the people. At the same time, you can go marks.) campaign-type attitude that he’s put online, you can order books, and you Mr. FARR. Mr. Speaker, tomorrow, towards governing just by traveling 1.7 can see all the Federal jobs that this we have two choices. We will be able to miles down to the Senate Chamber and administration is still offering. vote on this floor on a Senate version sitting down with the majority leader So an easy suggestion is how about of the Violence Against Women Act. over there and the rest of his party and instead of firing and furloughing all We will also have a House version that saying, look, we need to offer some- these people, just hold up on hiring will try to be amended to that bill. thing back because we believe in reg- some folks for a while. Across America, There are several reasons why the ular order. people know how to do that in busi- House version is not a good bill and We think the best business that we ness. Instead of firing everybody that’s ought to be opposed. In my district, the can have and we think that our Found- been with you for years, that’s count- immigrant provisions left out of the ers and the way our Constitution is set ing on that salary, if you have to cut House bill will have a profound impact up, that we work under regular orders. the budget, the first thing you do is on my constituents. Immigrant women If the House passes a bill, we send it to you maybe wait to hire somebody for a are at risk of domestic violence more the Senate. If the Senate doesn’t agree bit. That would be more caring—unless than any other women, and they are with it, then they can either put their of course this administration is more less likely to report their attackers own bill, send it back over to us and concerned with showing that they due to fear of deportation. The Senate we’ll go to conference, or they can hired somebody instead of just main- version offers protections that the amend our bill and send it back. And taining what they have. House bill does not. then if we can’t agree with that, we’ll b 1640 I have several college campuses in go to conference. my district. The Senate bill would help But that’s not the way things have We will have cut our ownselves here combat violent crimes on college cam- been operating over here. in the House, our own budgets 23 per- puses; the House bill does not. The Sen- It’s been a failure, in my opinion, on cent, approximately, over a 3-year pe- ate version of the Violence Against the majority leader’s part in the Sen- riod. If we can do it and still get the Women Act also includes the reauthor- ate that he just refuses to take them job done, then I feel sure the people in ization of the Trafficking Victims’ Pro- up. We’re not going to do it. We’re not the White House, the people in the ex- tection Act; the House bill does not. going to debate it. It’s either my way ecutive departments and all those peo- Mr. Speaker, sadly, domestic vio- or the highway. I think the American ple at the EPA that are trying to shut lence affects the entire country. That people deserve better than that. down our own energy production and is why it is absolutely a shame that I’m going to give Mr. GOHMERT a few put those people out of work, heck, the Republican leadership has brought minutes, if he would like to take the maybe if they just shut down EPA for up a House bill that will jeopardize the time, before he has to make one of his a little bit and let the States continue, safety of millions of women by making dignified appearances, so I’ll yield to like Texas has, to get their water it even harder to receive the services him. cleaner and their air cleaner, maybe and programs that are available. Mr. GOHMERT. I appreciate my the jobs would increase. The President f friend from Georgia hosting this hour could take credit for that just by slow- and also yielding. This is a very impor- ing the amount of regulation this THE SEQUESTRATION MYTH tant topic, and people need to under- President has been throwing on the The SPEAKER pro tempore. Under stand what’s going on. American economy. the Speaker’s announced policy of Jan- Now, as someone who was totally op- Another thing we hear today is that uary 3, 2013, the gentleman from Geor- posed to the deficit ceiling bill back in the President is now saying that on gia (Mr. WESTMORELAND) is recognized July, 11⁄2 years ago, I told our con- Friday, after the sequestrations have for 60 minutes as the designee of the ference the Democrats and the Presi- started and the military is having all majority leader. dent are never going to allow the these massive layoffs—and actually, Mr. WESTMORELAND. Mr. Speaker, supercommittee to reach an agreement the truth be known, after the President I’m joined by some of our colleagues because they want to blame cuts to will have gotten what he had been hop- tonight here to talk about the seques- Medicare on Republicans, when the ing and trying to get for years, even as ter. We’ve heard a lot about it in the fact is that ObamaCare cuts $700 billion a U.S. Senator, and that is big cuts to last, I guess, 10 or 12 1-minute speeches from Medicare, and it has been and it’s the Defense Department—after the De- about the sequester and how bad it is starting to be and it’s going to get fense Department cuts kick in, then, and how it’s going to wreck our econ- really much worse because of those and only then, is he going to sit down omy. cuts from ObamaCare. and talk to congressional leaders. We know that it is going to affect To ourselves here in the House, over Well, that’s not hard to figure out. some people’s lives, and we hate that. the last 2 years we have cut our own What a great political ploy, what a We much preferred a different way to budgets—the Senate hasn’t, but we’ve great political plan. A year and a half do the cuts. We actually have passed cut our own budgets here in the House ago, the President and the White House two bills to address the cuts in the se- over a 2-year period by over 11 percent, came up with the idea of this massive quester that better address the needs of about 11.5 percent. This sequester is sequester, and the biggest loser would this country and our spending habits going to cut us another 11 percent. be the Defense Department. Reluc- and didn’t affect the many thousands We’re going to have cut nearly 23 per- tantly, some people like me said, let’s of people that will either have to go to cent of our own budgets. How did we do don’t do this, let’s have other cuts, part-time work or no work due to these that? Did we lay off all our staffs and let’s don’t let the President’s plan, cuts. have a big press conference and talk with all his massive cuts to defense and It’s been over 300 days since we about how terrible it was going to be? basically 2 percent cuts to other enti- passed the first bill out of this House; No. I know in my office we basically ties, let’s don’t let that happen. Let’s yet the Senate did not take it up. And have what you’d call a hiring freeze. If really cut departments, cut things we so 2 months later we passed another we lost somebody, we haven’t replaced really don’t need. one that the Senate has not taken up. them. But we ended up going along with the The President, over the past 3 weeks TOM COBURN first raised this point in President’s idea for sequester. Then or so, has traveled a little over 5,000 a letter to the Deputy Director of Man- after he gets the cuts to defense that miles, going down to North Carolina, agement for the White House, with all he’s been pushing for years and years, to Georgia, to West Palm Beach, to this gloom and doom about all the peo- going back to his days as a U.S. Sen- Ohio, to Virginia, talking about the ple that the President’s going to have ator, he gets to come forward and problems. Yet even though he’s trav- to fire because of the sequestration, be- spend millions and millions of dollars eled that many miles, it’s only 1.7 cause of a cut of about 2 percent of the running around on Air Force One con- miles from the White House over to the budget, they’re going to be firing all demning Republicans in the House for Senate. So he could have cut down on these people or furloughing all these cutting defense.

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.059 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H689 What a great thing. He cuts defense Mr. COLLINS of New York. I want to again and cutting our military, there as he’s been wanting to do for years, thank the gentleman from Georgia for are millions of dollars in waste in the forces the Republicans to go along with that kind introduction. Federal Government around every cor- it, and a year and a half later blames I would put two words forward: when ner. And they are waiting—not so pa- the Republicans for cutting defense and I came to my period of time as county tiently anymore—for us to cut that says, I wouldn’t have done that, but executive in Erie County, the largest waste before we tell them to hand over now that defense is cut, now let’s talk upstate county in the State of New even more of their paycheck to the bu- about restoring some of that money to York, and it’s ‘‘common sense.’’ Com- reaucrats in the Federal Government. groups, the Acorn-like groups out there mon sense is something that I think Here is a question: Why is the EPA that are going to suffer because they’re frustrates the American public; it’s doling out grants to foreign countries, not going to have money to spend on something that we don’t see in U.S. including China, at the expense of $100 electing Democrats in the next elec- Government. million over the last decade? Why does tion if we don’t return the sequestered I’d like to point to the sequester as a the IRS need to run a TV studio that money. prime example of what’s wrong with costs $4 million a year? And why are The thing is, it’s about $85 billion in Washington. We have a broken govern- we paying senior citizens to play video cuts from a $3.6-trillion budget—not ment, and we all know it. As someone games so we can study the impact on that we’ve passed a budget. That’s just who ran for Congress to focus on im- their brains? how much money will likely be spent, proving our economy, Washington can b 1650 approximately. And it doesn’t have to be a very frustrating place. be that way. We are now only 2 days away from se- Now, I understand these three exam- One of the things that The Wall questration taking effect. In typical ples don’t equal $85 billion of sequester Street Journal pointed out in an edi- Washington fashion, we’re now staring cuts, but these are just three examples torial February 19 was they said that a deadline in the face with no answers of the waste. This is crazy. Americans need to understand that Mr. for hardworking taxpayers. Washington must do better because Obama is threatening that if he doesn’t The timing of this whole process the American people deserve better. get what he wants, he’s ready to inflict should not be taking anyone by sur- They deserve a Federal Government fo- maximum pain on everybody else. He prise, certainly not the President. cused on balancing its budget, reducing won’t force government agencies to President Obama is the one who pro- it’s spending, paying off its debt, hon- shave spending on travel, conferences, posed this sequester, and that is a fact. oring its commitments to seniors, and excessive pay, and staffing. He won’t The President insisted that these arbi- making sure our younger generations demand that agencies cut the lowest trary across-the-board spending cuts can actually live the American Dream. priority spending, as any half-com- become law as part of the debt negotia- Mr. President, let’s stop the scare petent middle manager would do. tions in 2011. Now, 2 days away from tactics and let’s get to work. Then they go on to talk about things. these cuts taking place, I’m very dis- Mr. WESTMORELAND. I want to One of the things we find out today is appointed the President is not working thank the gentleman for participating. that the administration has released with us to find a solution. Next I want to introduce another one people charged with felonies and said, Instead, he is deliberately scaring the of our bright young freshmen, the gen- look, if you don’t restore the money to American people and attempting to tleman from California (Mr. VALADAO) my agencies that I’m demanding, then convince them that the only way to of the 21st District, a dairy farmer, the I’m going to end up releasing more avoid the pain is to raise taxes again. son of Portuguese immigrants that has criminals on the American public. That The President is threatening an apoca- come here. He is a veteran legislator is incredible. But he knows the main- lypse if he doesn’t get his second tax that has been with the California As- stream media will give him cover. I hike in just 8 weeks. The hardworking sembly. We’re excited about having hope and pray the American people will families of New York’s 27th District him. He also represents a district that not give him cover, that we will de- has been really hurt by some of the mand what we’ve been telling the can’t afford it. And I believe the American public regulations and the environmental re- American public we were going to do, are seeing this sideshow for what it is: quirements that this administration we made cuts. The cuts will be made. a blatant attempt to raise taxes again has pushed. Now let’s look for better ways after Where he lives and where he farms, this to make cuts to other programs on American families and small busi- his neighbors have lost a great number that need it. nesses instead of addressing our spend- With that, I yield back to my friend ing addiction. Because if the President of jobs due to the fact that we can’t from Georgia. and the Senate didn’t want to raise provide them any water that we prom- Mr. WESTMORELAND. I want to taxes again, they would have a plan. ised them probably 40 or 50 years ago now introduce somebody from New And they don’t. that had been coming to them and they York. I believe he was the executive for The House has twice passed a bill to really had the basket of the fruit and Monroe County for 4 years. He took a replace the across-the-board sequester vegetables that we eat every day. county that was going bankrupt, or fix- with responsible spending reductions I yield to the gentleman from Cali- ing to go bankrupt, and turned it and reforms. The House first passed fornia. around, $125 million, I believe, in the this legislation 10 months ago to re- Mr. VALADAO. Mr. Speaker, I agree, rainy day, so to speak, fund. So he’s place the President’s sequester with Congress needs to get serious about our got knowledge on how to do it. He’s smarter, more responsible, and com- Nation’s irresponsible spending; how- also been a very successful business- monsense spending cuts. The Senate ever, broad-based, automatic spending man. I think that all these agency and and the President never addressed cuts and tax increases are not the way department heads that we have, if you those bills; and they don’t have a plan to get our fiscal House in order. can’t manage to cut about 2.4 percent of their own, except raise taxes. This week, the administration of your budget, you need to take a look The good people of western New York warned of the devastating effects that if you’re really capable of managing and the Finger Lakes region know sequestration will have on many essen- people and managing a department of there are smarter, more bipartisan tial services provided by the Federal that size. ways to cut government spending. Government. To be clear, while the So I would ask the gentleman from They know that this country must re- Budget Control Act of 2011 defined the New York, one of our freshmen, a busi- duce its spending and pay off its debt. amount of sequestration cuts, imple- nessman, a great guy, Mr. COLLINS, to They know that failing to do so will mentation of these cuts is at the dis- come up and try to enlighten us a little only mean a continued sluggish econ- cretion of the administration. The ad- bit on what steps he took of running a omy—and even worse, leaving our chil- ministration has now threatened to cut government, actually turning it around dren and grandchildren with nothing crucial services, including laying off and made it to where the citizens got but a bag of IOUs. And they know that air traffic controllers and the inspec- something from the taxes that they before Washington politicians have the tors that make our food safe. At the were paying. audacity to talk about raising taxes same time, our government is spending

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.067 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H690 CONGRESSIONAL RECORD — HOUSE February 27, 2013 $1.7 billion operating unused Federal fense, Leon Panetta, I thought did a into action, and all we’ve heard from properties. There are numerous bipar- great job when he actually explained it the President is just words. He hasn’t tisan alternatives to increase the Fed- as hollowing out our military. He told had the guts to put a proposal in writ- eral Government’s efficiency and elimi- the truth about that and just what the ing before this House for the American nate wasteful spending that do not in- Commander in Chief’s budget reduc- people to see. Here we are, Mr. Speak- clude raising taxes or cutting the es- tions were going to do to our military. er, at the 11th hour with no action sential services my constituents de- Obviously, we have a new Secretary of from the President, no response to my pend on. Defense coming in now, and I can’t letter or any other Member’s letter, to Ultimately, the real solution lies in help but wonder if Secretary Panetta my knowledge, no plan to Congress, no reviving our struggling economy and speaking out about what those cuts plan to America. He’s just a President, giving our small businesses the tools to were going to do to the military isn’t a Commander in Chief that’s willing to create jobs. In California’s San Joaquin one of the things that maybe led to his let this happen to our military. Half Valley, burdensome environmental reg- replacement. the cuts are coming from our military. ulations have resulted in the fallowing On October 22—just to give you a What kind of Commander in Chief do of 200,000 acres of land and the loss of couple of specifics—in his campaign for we have? countless jobs. This is a prime example election as our Nation’s Commander in Congressman, I appreciate the oppor- of government ignoring the solution Chief, the President promised that his tunity to speak today and thank you so while creating a problem. At no cost to sequestration ‘‘would not happen.’’ The much for doing this. the taxpayers, we could provide cer- President, the Commander in Chief, HOUSE OF REPRESENTATIVES, tainty to our communities and to the promised that it would not happen. He Washington, DC, February 6, 2013. farmers in my district that we can pro- went to great lengths to assure Ameri- DEAR PRESIDENT OBAMA: As the representa- tect jobs and actually grow our econ- cans that are working in our military tive of the Eighth Congressional District of and on our military bases, our civilian Georgia, home to Robins and Moody Air omy. Force Bases and a member of the House With just 2 days until sequestration workforce—I represent Robins Air Armed Services Committee, I am very con- takes place, it’s time for all of us to Force Base—he told them this will not cerned about the impact that sequestration get serious about our Nation’s spending happen. He told our defense contrac- will have on our national security. As you problem and come together to do tors to not comply with the law and ac- are aware, on March 1, 2013, $500 billion in what’s best for the American people. tually issue the notices that were re- defense cuts will go into effect unless a law Mr. WESTMORELAND. I want to quired under the law that furloughs is enacted to prevent it. According to many thank the gentleman for being here. and layoffs may be coming. of our nation’s top military leaders, the in- Next I want to allow one of my fellow I personally think it was politically discriminate cuts caused by sequestration Georgians some time to speak, who is would hollow out our forces and severely de- motivated, but that’s just a personal grade our military capabilities. another veteran legislator that came stance of mine, Mr. Speaker. On October 22, 2012, you promised that ‘‘se- out of Georgia, who I’ve served with in On February 6, I asked the President questration will not happen.’’ You went to the Georgia House, somebody from for a solution. I sent a letter. I’ve got great lengths to reassure Americans that south Georgia who understands what the letter right here. I’m sure that you would work to prevent it, and you even it’s about when you have to work hard somebody at the White House got it. urged defense contractors not to issue layoff and farm. He’s a private business We have never gotten any response notifications required under law. Given your owner, an insurance agent, and a good from any letter that we have sent to role as our nation’s Commander in Chief, I believe that you share my concern over a friend. the White House as a Member of Con- hollowed military force. However, without I yield to the gentleman from Tifton, gress. We simply asked him to give us your leadership I am fearful that a solution Georgia (Mr. SCOTT). a written proposal on what he would do will not be reached. Mr. AUSTIN SCOTT of Georgia. given his choice of having it exactly We in the House of Representatives passed Thank you, Mr. WESTMORELAND. I cer- his way and replacing the sequester. several bills during the 112th Congress, in- tainly enjoyed serving with you in the Again, no response, no action. cluding H.R. 3662 and H.R. 5652, that would Georgia House where we balanced the On February 15, he came to our repeal the sequester. Based on your state- budget on an annual basis and made State, Georgia, and didn’t go to any of ments, you do not support these bills, yet have offered no alternative. Furthermore, cuts certainly much larger than this on our military installations. We have representatives from your Administration a percentage basis. Quite honestly, we seven major military installations and were highly ambiguous in explaining your did it on an annual or a semiannual over a dozen major military commu- plan for preventing sequestration cuts. In a basis when we were there. nities in the State of Georgia. He went hearing on August 1, 2012 Acting OMB Direc- I want to point out one thing that to a county and he talked about ex- tor Zients testified that your plan to address you talked about that’s not being panding the role of the Federal Govern- sequestration was your 2013 budget proposal. talked about much here, and that is ment in public education as we were Yet this is not a real proposal Congress could that the total cut that we’re talking approaching the sequester. The men act upon, and your budget did not receive a single vote in either the House or the Sen- about is a little less than 2.5 percent of and women at Robins Air Force Base ate. Federal spending. The problem with and the other bases were left won- We are running low on time to address se- the sequester is not that it’s an unrea- dering what was going to happen to questration and your administration’s lack sonable amount that’s being cut; it’s their paycheck. He did not even ad- of meaningful action is concerning to many where it’s being cut from. dress the issue while he was in Georgia of my constituents. I urge you to take a So here we are less than 48 hours with our seven major military installa- more active role in resolving these senseless from the President’s sequester, our tions and our 12 major military com- cuts to our national defense. I look forward Commander in Chief’s sequester, that’s to your response and to reviewing a detailed munities. and concrete proposal that Congress can act going to go into effect and set into Mr. Speaker, I didn’t vote for the se- on so that we can cooperate in a bipartisan place $1.2 trillion over the course, la- quester, but what I’ll tell you is I’m re- manner to resolve sequestration. dies and gentlemen, of 10 years. That’s minded of what Teddy Roosevelt said Sincerely, one of the things that needs to be when I look at the national debt and AUSTIN SCOTT, pointed out. It’s not $1.2 trillion over the things we’re facing right now: Member of Congress. the course of this year; it’s over 10 The best thing to do is the right thing, the Mr. WESTMORELAND. I thank the years. So you’re talking about $100 bil- next best thing is the wrong thing, and the gentleman. lion a year out of a little better than a worst thing is nothing. Now I want to introduce another one $3 trillion annual budget. We have to cut Federal spending or of our freshmen, somebody that comes Of this cut that our Commander in we’re going to rob the next generation to us from Florida’s Third Congres- Chief has insisted on, over half of that of Americans of the American Dream. sional District, a veterinarian. He is is going to come from national defense So I would say that here we are as a actually a small business guy. I think and our men and women in uniform House having passed two separate bills he’s been in that business for about 30 and our civilian workforce and taking to undo the President’s sequester and years. He also understands the effect its toll on them. Our Secretary of De- 48 hours prior to the sequester going that this sequester will have on our

VerDate Mar 15 2010 03:31 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.069 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H691 military because his oldest daughter, Mr. LANKFORD. I thank the gen- But this plan that was put in place Katie, is an active Member of the tleman from Georgia. that the House, the Senate, and the United States Coast Guard. So I hope Mr. Speaker, it’s an honor to be able White House all agreed to was to find that the gentleman will express some to stand in front of this House today. some way to reduce spending by $1.2 of those things that he feels about Let me talk about families that all trillion in long-term spending. these cuts that are coming to our mili- across America right now are strug- The first option was the select com- tary. gling with their own finances. They’re mittee, the supercommittee, as it was With that, I yield to the gentleman sitting at a dinner table this evening, called. It obviously failed in its task. from Florida (Mr. YOHO). because they have run out of paycheck Shortly after that, the House of Rep- before they have run out of month, and b 1700 resentatives said that the select com- they’re struggling through just the ba- mittee has failed in its task, we cannot Mr. YOHO. I thank the gentleman sics of how they’re going to do life, be- have sequestration. And so in May of from Georgia. cause they’re in debt and they’re strug- last year, the House of Representatives Mr. Speaker, I rise today on behalf of gling through day to day. passed a replacement plan for seques- my constituents in Florida’s Third Dis- They will make decisions to be able tration so that we would not get to this trict to voice the concerns they have to put their house in order and to be point. As Americans constantly talk shared with me over the President’s se- able to resolve where they’re headed as about Congress waiting ’til the last quester that will go into effect on Fri- a family, because they don’t want to be minute, almost 300 days ago the House day. a family that’s going to live heavily in of Representatives passed a plan to Make no mistake: cuts need to be debt. Because once you’re in debt as a avoid sequestration and to do cuts and made. However, I know, and my con- family, everything is about money. waited for the Senate to respond so stituents know, the sequester is not Every day there’s a new battle about that we did not have a moment like the answer. money; every day there’s a new battle this. The Senate never answered us We in the House have shown, and will about spending and who’s going to back. continue to show, where responsible spend and what bill are we going to pay So in December of last year, the spending cuts can be made. In fact, the and how are we going to handle day-to- House has tried multiple times to ad- House again passed a plan to say here’s day life. how we can replace sequestration. And, dress this issue and has passed legisla- The hard part is that’s where we are tion as recently as 6 weeks ago. How- again, the Senate has never responded as a Nation right now. The House and to that. ever, the majority leader, Mr. REID, the Senate and the President, we con- We’re at a point now, hours away would not address these issues. tinue to argue through things about from sequestration beginning, at a With a Federal Government of this money. And every week it seems like point none of us wanted to be here, fac- size and magnitude, Washington bu- we’re fighting a new fight about ing the reality that if the Senate never reaucracy can afford to bear the brunt money. Because, guess what, we’re responds to us, we’re at a point that we of these cuts. Not our military, not $16.5 trillion in debt. will step into across-the-board cuts. communities like Lake City, or Mayo, For 5 years in a row, we’ve overspent When that occurs, half of those cuts or Newberry, or Middleburg, Florida. the budget by $1 trillion a year, and being in defense and a very severe cut I’m working with my friend from there’s no end in sight. We’ve come to after there was already $100 billion cut Georgia, Congressman DOUG COLLINS, a day that we have to resolve how do from defense 4 years ago, then $500 bil- on the new Freshman Regulatory Re- we get out of this hole, how do we fix lion cut from defense 2 years ago, now form Working Group, to help show ex- this. actly where some of these cuts are and Let me give a quick history of how another $500 billion cut in defense. De- to help businesses do what they do we actually got here. In 2011, the House fense is carrying a very dispropor- best. They grow the economy and they and the Senate and the White House all tionate number of cuts in this adminis- create jobs, bringing in more revenues agreed if we’re going to have a large tration. to our government. debt plan to get us out—at that point a We’ve got to find a way to be able to We need to, and we will, show the debt ceiling request of $2.4 trillion—we stabilize all of our programs and to do President and the American people had to have with that extension of the smarter reductions of spending without that we can cut wasteful spending debt ceiling also a plan of how to re- having this huge hit. We’ve got to without hurting kids, our seniors, and duce spending by that same amount or learn how to be able to plan ahead, that we can make responsible cuts that more so that we didn’t just infinitely both in the House and the Senate. do not put our national security at continue to increase debt. Why must this be done in the first risk, and not add to the heavy tax bur- So the plan was made to cut $1.2 tril- place? That’s the challenge. We have den of hardworking Americans that lion over 10 years. And then there individuals that look at programs that they’re already carrying. would be a second tranche of $1.2 tril- are some of their favorite programs It is a shame that the President and lion again to reduce spending. and say they’re going to face an 8 per- the Senate have avoided working with We couldn’t come to an agreement on cent reduction in that program this the House in a real budgeting process. that. So Jack Lew, who was the Presi- year. And there’s going to be a spend- I look forward to working with all my dent’s chief of staff, came to HARRY ing cap so they don’t have infinite colleagues on restoring faith to the REID and said, here’s our suggestion, do growth over the next 10. And they look American people and bringing order a sequestration. HARRY REID rejected it at it and say, why does it have to be back to this process. initially. Then Jack Lew came back to that way? Mr. WESTMORELAND. I thank the him and said, what if we do half of it in Well, I can tell you why. Because we gentleman for being here and giving us defense spending? So an automatic are facing a debt crisis that is not just those great comments. across-the-board cut, if we can’t find a something for the next generation. It’s Now I want to introduce another way to reduce spending in other ways, now. friend, our policy chairman in our Re- we’ll just do an across-the-board cut Two weeks ago, the Congressional publican Conference, somebody that with half of it in defense and the other Budget Office released its report on the comes from the great State of Okla- half of it from other parts of the budg- status of America and where we’re homa, somebody that has great experi- et. headed on current law and what hap- ence in managing people. I think he HARRY REID agreed with Jack Lew, pens now. In that report, it detailed ran a youth camp, the largest youth the President’s chief of staff, and the that right now we pay $224 billion a camp in the United States, if not the President’s plan then went to the Sen- year just in interest. CBO 2 weeks ago world. I’m afraid to even tell you how ate and came to the House where be- released a report and said on the cur- many people. I’ll let him do that. But grudgingly we all agreed, because none rent path we will pay in interest $857 I would like to recognize the gen- of us wanted to see this. I don’t believe billion a year just 10 years from now. tleman from Oklahoma, our policy that the White House wanted to see se- So where we have said in the past, for chair, Mr. LANKFORD. questration as well. our children they’re going to have a

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.071 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H692 CONGRESSIONAL RECORD — HOUSE February 27, 2013 crushing debt, it is now this genera- nomic crisis for the United States. And But rather than sitting down and tion, because debt continues to accel- if it is a serious crisis for us, it is a se- talking to the people that could make erate; $857 billion, ladies and gentle- rious crisis worldwide. We have the re- a difference and make a change, he de- men, is larger than what we paid for sponsibility as the largest economy on cided to go out and travel the country the entire war in Afghanistan. We will the planet to be responsible with our fi- to talk to people who couldn’t. And it’s pay that each year just in interest pay- nances and to get our economy back on turned out it’s going to be a bad out- ments just 10 years from now if we track so that the entire world’s econ- come, but it is the only outcome that don’t get a handle on this. That’s larg- omy can begin to get back on track. could come from the plan that was er than all defense for a single year, Mr. WESTMORELAND. I thank the drawn. that’s larger than all Medicare, that’s gentleman for bringing up that point Now, let me say this again about the larger than all Social Security. $857 because I think a lot of people may not spending. When you think about the billion in interest alone is by definition realize that we’re talking about $85 bil- fact that we spend $10 billion a day— unsustainable for us as a Nation. We lion here. As the gentleman stated, you think about that, $10 billion a day. And cannot afford to do that. We have to know, we spend $10 billion a day. So, I we borrow about half of it. About 42 deal with our spending. mean, this is 81⁄2 days that we’re sav- percent of it we borrow from somebody So how do we get on top of that? ing. else. And keep this in mind: the Fed- Well, the President’s proposal is, let’s My son-in-law was a DA, assistant eral Reserve buys, in combination with just raise taxes on a few people. Well, DA, and I remember a couple of years different things, they buy about $85 bil- guess what, the President got his tax ago, he was furloughed for 14 days, lion worth of mortgage-backed securi- increase in January. which is almost twice as much as we’re ties every month—$85 billion every As of all the reports that are coming talking about here. He didn’t have to month. They print the money to do back in now, 2013 will bring in the larg- put his children in an orphanage or go that. So we’ve got bigger fish to fry. est amount of revenue in the history of hungry or anything else. They man- As several people have said today, the country to the Treasury. We will aged their bills. That’s all we’re say- we’ve got to get serious about this. I’m have no year in our history we will ing. While we’ve all heard the sky is accountable to 700,000 people—just like bring in more revenue than 2013, and falling, I think it is something that we every Member of this body is—at home, yet the President’s proposal is we need can deal with, especially if we have but I’m also accountable to my chil- to raise taxes again to cover that. competent heads of these agencies. dren and my grandchildren and their Well, one of the tax increases that he So, you know, just looking at some children. And I want one day, when recommends is to just raise taxes on of the other money that we’re spend- they sit in my lap or come up to me the energy companies. Just find energy ing, $268 million in executive branch and say, Papa, couldn’t you do some- companies and raise taxes on that. His conferences, whether it’s for the De- thing about this? I want to be able to proposal raised another $4 billion a partment of Defense, Homeland Secu- tell them, I tried, baby. I tried to do it. year from energy companies. rity, Health and Human Services, $268 Well, there are a couple of problems We all tried to do it, but nobody want- million just for the conferences, I ed to cut. Nobody wanted to save. We with that. One is, that’s a great way to think we can cut those conferences out raise gas prices again, as this adminis- just kept putting it on your charge for a year. Or maybe cut them down, tration has done so many times in card. maybe not be quite as expensive or some of the regulatory schemes that And so while this $85 billion is going elaborate as they are. to be tough, it’s going to be hard, it’s have happened to watch gas prices con- You know, when I came to Congress, tinue to trickle up. It is one more shot going to hurt some families, it’s going I came from a building, a construction to cause some people to go to part-time to do that. And the second part of that background. I considered myself some- is, it’s $4 billion. We have over $1 tril- employment rather than regular em- body capable of looking at a set of ployment, but you know what, it’s $85 lion in deficit spending. That does not plans and giving an estimate of what it solve the problem. billion that’s not going to go onto our was going to cost and having a vision children’s credit cards. I think that’s b 1710 of what it was going to look like. I re- what we’ve got to remember. We keep We are overspending a trillion dollars member one time I had a customer kicking the can down the road. People a year, and we are spending more than come in who wanted a roof designed a my age and in my generation, we may a trillion dollars more than what we certain way, and I tried to tell them it not ever have to pay the tab for this, did just 5 years ago. It is obvious with wasn’t going to work. They had seen it but my children, and for sure my the highest amount of revenue in the somewhere else and had gotten some- grandchildren and my great grand- history of our country coming in, we’re body to draw it. The one thing I did children, are going to end up paying spending more than a trillion dollars learn in the building business is that this tab. So we’re not really doing that more than we did just 5 years ago, this somebody can draw something, but it much other than shifting it from our is a spending-driven crisis. doesn’t necessarily mean that you can responsibility and our burdens to the Mr. WESTMORELAND. We borrow build what they draw. And so I tried to next generation and the next genera- about $4 billion a day. We spend rough- explain to them, I said, This isn’t going tion’s burdens. ly $10 billion and borrow about $4 bil- to work; it’s going to cause problems; I see another one of our bright fresh- lion. So this energy tax would just it’s going to look bad. But they still men. Mr. Speaker, anybody out there keep us from borrowing for 1 day. wanted to do it. Their house, I did it. who has been watching, they under- Mr. LANKFORD. Right. And it would The next thing I know, they come up stand that we have a bright freshman drive up the cost of gasoline yet again complaining about it. And I said, Look, class. This gentleman is from Illinois, for all Americans. It doesn’t solve the this was your idea; I did exactly what Mr. RODNEY DAVIS. And so, Mr. DAVIS, problem; it continues to exacerbate the you said. And they didn’t like it, but it I’m glad to yield you time. problem. was something that they had to live Mr. RODNEY DAVIS of Illinois. I Our issue is we’re facing a difficult with or pay to get it changed. thank the gentleman from Georgia. moment. But this is not a moment that The same thing has happened here I rise today, Mr. Speaker, to remind is manufactured by some sequestration with this administration. You know, us all what President Kennedy told us. event. This is a moment that has been this was their idea. This was something He said: created by overspending year after that they wanted to do. I think a lot of Let us not seek the Republican or Demo- year after year. And now the accelera- people said, No, this is a bad idea; we cratic answer, but the right answer. Let us tion of debt and deficit and interest don’t want to do this. But yet they not seek to fix the blame for the past, but let payments each year is climbing so were so desperate to come up with us accept our own responsibility for the fu- quickly that if we don’t get on top of it something to cut the spending of this ture. soon, we will not be able to get on top country that they agreed to it. And That’s where we stand today with of it in the days ahead. now all of a sudden, the originator of this looming sequestration. It’s time to This is not just a manufactured, the idea doesn’t like it. And he says, get beyond the party politics. It’s time short-term crisis. This is a serious eco- Oh, no. to stop the blaming and the finger-

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.073 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H693 pointing. The truth is, it took both bers to address their remarks to the are going to happen. There’s a real im- parties, the House, the Senate, and the Chair. pact on the middle class, and it’s pend- President, to approve sequestration. f ing and it’s looming because we can’t And it’s going to take both parties, Re- get the people in this room to sit down CONGRESSIONAL PROGRESSIVE publicans and Democrats, a House, a and get our jobs done. CAUCUS HOUR: SEQUESTRATION Senate, and the President, to resolve I heard multiple stories over the last it. The decisions we will have to make The SPEAKER pro tempore. Under week, and just in the last 45 minutes, won’t be easy, and no one—no one—will the Speaker’s announced policy of Jan- about how sequestration came about. I get everything they want, but that’s uary 3, 2013, the gentleman from Wis- can tell you, people in Beloit and peo- why we were elected. That’s why our consin (Mr. POCAN) is recognized for 60 ple in Barneveld and people in Baraboo constituents entrusted us to serve in minutes as the designee of the minor- and small communities across Wis- this body. ity leader. consin don’t care about the finger- So let us take this opportunity to do Mr. POCAN. Mr. Speaker, I rise pointing of how it happened. They the job that we were sent to Wash- today on behalf of the Congressional don’t care that in 1985 this idea started, ington, D.C., to be in this House, the Progressive Caucus to repeat and en- and it’s been a bad idea. It was such a privilege of serving in this House, let’s hance the calls made by our colleagues bad idea that it was agreed to last year do our jobs, do what our constituents today to put a stop to these disastrous because they thought absolutely no sent us to do. Let’s put aside the par- spending cuts known as sequestration. one would go for this idea, and now we tisan politics. Let’s work together, It’s been interesting. For the last 45 have people arguing, don’t worry; we’ll compromise with principle, and govern, minutes I’ve listened to people from fix it a month from now. govern like statesmen. It is expected the other side of the aisle talk very I can tell you, in Wisconsin, we’re a and, I will say, Mr. Speaker, it is de- passionately about their concerns on little different. When our check oil manded of us. government spending, on debt, on gov- comes on in Wisconsin, we check our Mr. WESTMORELAND. I thank the ernment waste. And yet, almost not a oil, and if we have to we put oil in the gentleman for those words. single one of those issues is covered by engine. Here in Washington, D.C., we I’ll close by saying this. This job is what we have before us in the next 48 just keep running it until the car stops not easy. It’s not exactly what every- hours, which is sequestration. and the engine breaks down, and then body might think it is, but it’s some- Sequestration is a thoughtless ap- we all decide that we’re going to some- thing that we don’t need to squander. proach that makes irresponsible, indis- how fix the engine, which is a much criminate cuts down virtually every b 1720 more costly process. But I guess that single budget line. If you think there is Wisconsin common sense doesn’t hap- It’s an opportunity that everybody in waste with a $4 million TV station in pen in Washington, D.C., and it’s clear- this House has been given that prob- the IRS, as one speaker said, sequestra- ly not happening in this House as we ably less than 12,000 people have ever tion won’t stop that. If you think we deal with sequestration. had since this country has been found- have too much debt, sequestration I have a couple of colleagues here ed. We don’t need to squander this op- won’t stop that. If you think we have who are going to share some stories, portunity. too much fraud, abuse, and waste, se- and then I’m going to come back and And we need to honor those that have questration won’t stop that. share some more stories from my area, come before us, that have fought and But what sequestration will do is some of the very cuts you’re going to died, the men and women right now have a real impact on the middle class see in Wisconsin and nationwide. I’m that are in Afghanistan and other parts families, not just in Wisconsin, where I going to share some real stories from of the world that are putting their come from, but across the country, and people who, not just from my district lives on the line and in danger every that’s why so many of the people in the but across the country, are talking day, not for us to be running up the Progressive Caucus and Democrats about the impact on their lives. debt on them. have such a strong concern about what I want to share a little bit about my We’ve got less than 1 percent of the this country is facing, because of this experience. I spent 6 years on a budget- people in this country that protect the House, this Chamber’s inability to act writing committee in the Wisconsin rest of us. And so, you know, why are in the next 48 hours. Legislature, and I chaired that com- we trying to do them harm? You will hear from a number of peo- mittee. And we did things in a very dif- We’re trying to fix that, and I want ple from different parts of the country ferent way and in a very bipartisan them to know that, that we are trying this afternoon who are going to talk way, something that is a foreign con- to fix that, and we’re going to try to fix about the very real impact of seques- cept to Washington, D.C. it in the CR. tration on their States and on their First I would like to recognize one of And for the young voters out there, I districts, and the very impact that I my colleagues from the west coast. want y’all to know that this is not think the middle class is feeling that Representative MARK TAKANO is a fel- something that we’re purposely doing doesn’t really relate to what we heard low freshman. He represents the River- to hurt you or your family. This is for the last 45 minutes, but relates to side area of California. A teacher by something that we’re doing for your the very issues that people care profession for over 20 years, also a com- children, or trying to do for your chil- about—education, health care and so munity college board member, so he’s dren. many other areas. had a lot of experience and is recog- All we’re asking is that you might It’s funny, last week I got a chance nized in our caucus as one of our fore- encourage others to join us in this to be back home in my district, and as most experts on education. But he fight, to try to save this country from I talked to the people of south central knows the real-life impact that this is going down the road of debt and bank- Wisconsin, it’s not at all what you hear going to have on California and on his ruptcy that we’re headed on, and in- talked about here in Washington, D.C. district. stead turn it around to the bright fu- It’s almost as if it was a different coun- I would like to yield some of my ture that we all want to have for this try, not just the District of Columbia, time, Mr. Speaker, to the gentleman country and for a better Republic, and but a completely different country from California. something that will bring us back to when we talk about sequestration. Mr. TAKANO. I’d like to thank the the forefront, to be held in the same es- And what people care about is, how gentleman from Wisconsin for yielding teem that we’ve always been held in by do they make sure they’ve got a job? some time to me this evening. the other countries in this world, not How do they make sure they’ve got Mr. Speaker, there seems to be a lot somebody that’s continuing to dig a enough money to pay for the food on of talk from my friends on the other hole of debt for our future. their table, to support their children, side of the aisle about whose idea the I yield back the balance of my time. to provide opportunities for their fami- sequester was, instead of actually ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE lies? working to stop this from happening. The SPEAKER pro tempore (Mr. But instead what we see is quite dif- Make no mistake. If the House Re- SALMON). The Chair would ask Mem- ferent with the sequestration cuts that publican leadership really wanted to

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.075 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H694 CONGRESSIONAL RECORD — HOUSE February 27, 2013 stop the sequester from taking effect, Go to Twitter and tell me what you with a balanced approach to deficit re- they could do so. It’s the House Repub- think the vote will look like with the duction. lican leadership that is sitting back hash tag Boehner Needs Dems. The Progressive Caucus already in- and letting the sequester go through. Mr. BOEHNER, the governing majority troduced a bill called the Balancing My friends on the other side of the has done its job with the fiscal cliff, Act that reflects what the American aisle seem to forget how we arrived with aid to Sandy victims, and I’m people already voted for this past No- here. In 2011, it was the Democrats who willing to bet that the governing ma- vember. The Progressive Caucus Bal- wanted a clean raise of the debt ceil- jority will do its job once again with ancing Act replaces the sequester with ing, which had been the process for dec- the sequester and the Violence Against a balanced approach to new revenue ades, under Republican and Democratic Women Act. and necessary Pentagon cuts, and it Presidents. But the extreme wing of Speaker BOEHNER, when you’re ready creates jobs all over the country. It the Republican Conference demanded to get serious, we, the governing ma- equalizes the cuts we’ve already made cuts, and chose to hold the American jority, are here to help. with revenue by closing tax loopholes economy hostage. Mr. POCAN. I’d like to thank the for America’s wealthiest individuals What we got was the Budget Control gentleman from California for those re- and corporations. Act of 2011, which Speaker BOEHNER marks. But we shouldn’t just sacrifice our said was 98 percent of what he wanted. You’ve heard a little bit from the economic recovery because Repub- And here we are, a year and a half west coast. You heard a little bit from licans are unwilling to vote for one sin- later, Mr. Speaker, up to the eleventh the heartland. Now we can hear a little gle penny in new revenue, new con- hour again, dealing with another man- bit from the east coast, the State of tributions from their billionaire ufactured crisis instead of talking Pennsylvania, and another colleague of friends and corporations. We have to about jobs and how to improve the mine, another member of our freshman look at what these cuts mean in the se- economy. class that we have of 49, and now soon quester. The sequester involves 70,000 But again, we must deal with the to be 50 freshman Democrats in this children being kicked off Head Start. soap opera that is the House of Rep- House of the 113th Congress. Represent- No one in this Chamber disagrees about resentatives. Every time the House of ative MATT CARTWRIGHT is a lawyer by the importance of Head Start. Early Representatives wants to pass some trade. He represents consumers and childhood education is absolutely es- meaningful legislation, we’re forced to making sure they get their fair share sential in creating the foundation for go through this pattern where our citi- in this country. Mr. CARTWRIGHT also is learning in children all over the world. zens are put through weeks of drama a member of the Oversight and Govern- And that’s what Head Start is about. on pins and needles wondering what ment Reform Committee, where he is There will be 70,000 American children will happen. But then what happens is the ranking Democrat on a committee kicked off Head Start. That’s what the governing majority finally comes to make sure that economic develop- happens when you use a meat cleaver together to pass legislation with sub- ment is a priority for the people of this instead of a scalpel. stance, legislation that is sensible. country. We’re talking about more than a mil- But who is this governing majority It is my honor to yield to the gen- lion kids who will see their schools lose that passes meaningful legislation? tleman from Pennsylvania. education funding. We’re talking about It’s made up nearly of the entire Mr. CARTWRIGHT. I thank the gen- emergency responders who will lose Democratic Caucus, and a handful of tleman from Wisconsin. their jobs, meaning slower response moderate, sensible Republicans. When I’m here to address the draconian and times and weaker disaster prepared- we faced the fiscal cliff, which nearly irresponsible and indiscriminate effects ness. We’re talking about layoffs and every credible economist said would be of this ridiculous sequestration pro- furloughs for Social Security workers disastrous for our economy, it took a gram that’s slated to take effect on that is going to cause delays and has- commonsense governing majority of March 1. I use the word ‘‘indiscrimi- sles for millions and millions of Social 172 Democrats and 85 Republicans to nate’’ advisedly. It is indiscriminate. It Security recipients—people who depend come together to save the economy is as if the government were a surgeon month in and month out on their So- from ruin. and seeking to take out a cancer, a le- cial Security checks to put food on sion making a patient sick. Instead of their table. b 1730 being given a scalpel to take out that In my district, the 17th Congres- On the vote to provide aid to victims lesion, the surgeon is forced to use a sional District of Pennsylvania, we of Superstorm Sandy, after weeks and meat cleaver. have one county—Schuykill County— weeks of delay, with leaders of their That is an appropriate analogy for where 149,000 people live. Out of 149,000 own party up in arms, finally the gov- what this sequestration is doing be- people who live there, fully 38,000 of erning majority emerged with 192 cause it is an indiscriminate set of cuts them subsist on Social Security Democrats and only 49 Republicans. I across the board to the discretionary checks. If those checks are delayed, if understood the need to help the vic- spending in the United States. No re- those people get hassled getting those tims of Superstorm Sandy. I’m from sponsible business person would ever checks because of this sequester, that California, where earthquakes and engage in such a budgetary process. No is a crying shame. other natural disasters are a reality, as one with any sense would do this in the We’re talking about cuts to air traf- are tornados in the Midwest and hurri- government. And yet we’re left with fic controllers, for those of us who have canes in Florida. Most Americans un- this. to fly around as part of our jobs. We’re derstand that it is a basic function of Instead of repealing it and replacing talking about cuts to airport security the Federal Government to provide aid it promptly, what we see is that the agents. All of this is going to mean to victims of natural disasters; but Speaker is instead engaging in finger- longer waits, travel disruptions. still the Republican caucus was di- pointing and in the blame game to The consequences of more massive vided, and it took reasonable people to avoid moving forward and fixing the budget cuts are real. This isn’t a game come together to help those in need. problem in the first place. It’s irrespon- we’re talking about. In fact, economic And just last night, we got word sible, and it has to be dealt with dif- growth in the United States is going to again that the governing majority is ferently. slow because of this sequester. Hun- needed in order to pass some real legis- I say that if Congress cannot come up dreds of thousands of jobs will be lost lation as we take up the Violence with a replacement to the sequester be- and more people will have to rely on Against Women Act. The reality is, to fore the end of this week, we should government assistance to meet their pass anything with substance, Speaker eliminate the sequester entirely. One basic needs than ever before. This is ex- BOEHNER needs the Democrats. million working Americans should not actly the opposite of what we need to So when the House of Representa- be forced to pay the price for what is be doing in the United States, and it’s tives takes up the Senate version of nothing more and nothing less than the opposite of what the American peo- the Violence Against Women Act, what stubbornness and hard-headedness. We ple asked for in the November election. will the governing majority look like? would prefer to replace the sequester It’s time that our colleagues across the

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.077 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H695 aisle—the Republicans—wake up to We have seen Congress only moves fect do you think we’re going to have? what is really about to happen to when there’s a hard deadline, when I can guarantee it’s not going to be fix- American families. It’s time that we there’s an actual cliff we’re about to go ing that $4 million TV station at the eliminate the sequester. over. IRS that we heard about. Instead, it’s I want to talk to you a little bit This is irresponsible in itself because going to have a real impact on every about specific examples of what we ex- I think—it is the case that many here single family throughout the country pect to happen in my home State, the in this Chamber believe that March 1 is that’s not in the top 1 percent. Keystone State of Pennsylvania. If se- a ‘‘soft deadline’’ because all that’s So at this point, I want to share a questration was to take effect, we’re happening are furlough notices are few statistics from the heartland, and talking about job losses to the going out and people are not actually then I’ve been joined by another col- Tobyhanna Army Depot, which is losing their jobs for another 30 days or league from Florida. We are literally something that for the last 60 years has so. For example, the Tobyhanna Army going across the country and showing provided electronic refurbishing to Depot, furlough notices are slated to go what these impacts have. But let me Army equipment. We’re talking about out in the middle of March for fur- share some statistics from my State. command and computer and commu- loughs that actually take place at the We know from a George Mason Uni- nications control to Army equipment end of April. There are those in this versity study that over 2 million people that is refurbished right there in Chamber who think that’s a soft dead- in this country could lose their jobs be- Tobyhanna, Pennsylvania, by as many line that doesn’t really matter, it’s cause of the sequester. That’s 36,000 as 5,400 dedicated, patriotic people sup- just a furlough notice anyway. jobs in Wisconsin, a State that, unfor- porting our warfighters for the last 60 Well, I’m here to tell you, Mr. Speak- tunately, thanks to our Governor, we years with this kind of electronic er, that furlough notices go to real have not bounced back like other equipment. families—real families who have to States in our region. It’s those failed plan for their budgets, real families economic policies that we’ve had in b 1740 who have to plan on how they’re going Wisconsin by our Governor that have We’re talking about cuts to to feed their children and clothe them already held back our economic Tobyhanna Army Depot of $309 million and pay the mortgage and keep the car growth, and now we’re going to jeop- over 10 years as a result of this reck- running and keep gas in the car. They ardize 36,000 more jobs in my home less and irresponsible sequester. have to think about how they’re going State. We’re talking about teachers and to do all these things when they’re Wisconsin is going to lose millions of schools. Pennsylvania is going to lose holding a piece of paper that says dollars—$19 million for education just approximately $26.4 million in funding you’re losing your job in 30 days. It’s for disadvantaged students and for spe- for primary and secondary education, cold comfort for them, for those fami- cial ed. That’s going to affect tens of putting around 360 teacher and teach- lies, to hear that, well, this may not thousands of students in our State. ers’ aide jobs at risk. happen when they’re holding it in Head Start funding, while we know About 29,000 fewer students would be black and white, a letter that tells the impacts that are going to happen served and approximately 90 fewer them they’re going to be out of work in nationwide that Mr. CARTWRIGHT schools would receive funding if this 30 days. talked about, it’s going to have hun- nonsensical sequester program goes This is no way to run a government; dreds of kids who are not going to have through. this is no way to make a budget; and that funding in my State of Wisconsin. Head Start and Early Head Start this is no way to be responsible with The University of Wisconsin-Madi- services in Pennsylvania alone would the finances of the United States of son—which is one of the most impor- be eliminated for approximately 2,300 America. tant public universities in this coun- children, reducing access to critical, Mr. POCAN. Thank you, Mr. CART- try, it is a world-class institution for critical early education. WRIGHT, for continuing your fight for research, for stem cell research, for all And then children with disabilities families in Pennsylvania and across sorts of biotech and high-tech innova- on top. Education for children with dis- the country. tions, one of the best graduate pro- abilities: Pennsylvania will lose about When I listen to Mr. CARTWRIGHT and grams in almost every program in the $21.4 million in funds for about 260 I listen to Mr. TAKANO and I listen to entire country, and yet we know teachers, teachers’ aides, and staff who speakers throughout the day from the they’re going to see about $36 million help children with disabilities in Democratic side of the aisle, I can’t lost that would go into research and school. help but feel that there is an over- development and financial aid and Even worse, protections for clean air whelming—when you look at seques- other programs that will affect real and clean water. Pennsylvania would tration, you’re really looking at what’s people and real jobs in my State. lose as much as $5.7 million in environ- happening right now in Europe, and it’s I have had doctors come and medical mental funding to ensure clean air and called austerity. We know that right schools come to us in the State of Wis- air quality, as well as prevent pollution now, by doing these massive cuts in consin and say they are going to lose from pesticides and hazardous waste. Europe like we’re now trying to pat- the ability, because of the sequester, to In addition, Pennsylvania could lose tern right here in the United States, have people in residence programs. I another $1.5 million in grants for fish we know what the net effect is. Right think it was 900 or 1,000 people won’t and wildlife protection. now in England, they are facing a tri- have positions. And one of the best We’re going to sacrifice our schools, ple-dip recession—not just a double dip, ways we keep doctors in Wisconsin, in we’re going to sacrifice the environ- a triple-dip recession. We look at where the rural parts of Wisconsin where it’s ment, all in the name of stubbornness they are in unemployment; their unem- tough sometimes to keep those doc- and wrongheadedness—mule headed- ployment is rising. We look at where tors, is by having residency programs. ness—on the part of the people who their deficit is; it isn’t going away. All That will be cut because of the seques- should be coming to the people, the Re- they’ve done is taken away the very ter. publicans, who refuse to engage in any tools that stimulate our economy. Nine hundred thousand fewer pa- sort of responsible revenue legislation When you take away the jobs that tients will be served as a result of $120 whatsoever. Mr. CARTWRIGHT and Mr. TAKANO million in cuts to community health Finally, military readiness. In Penn- talked about, that means real people centers that are vital in those rural sylvania, about 26,000 civilian Depart- don’t have money to spend and build communities in Wisconsin. In my dis- ment of Defense employees would be the economy. When you take away the trict, in Dane County alone, we have furloughed, reducing gross pay in loan guarantees as this sequester will an agricultural economy that’s greater Pennsylvania alone by around $150.1 do, real small businesses don’t have than 15 States in this country—that’s million in total. capital so they can grow and hire more just one county in my district—and yet This isn’t a joke. We talk about dead- workers. When you have the very ef- we’re going to see those programs hurt lines here in Congress; there are hard fects that we are seeing done right now and cut, as well as programs like Meals deadlines and there are soft deadlines. in Europe happen here, well, what ef- on Wheels. Four million meals may not

VerDate Mar 15 2010 03:31 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.079 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H696 CONGRESSIONAL RECORD — HOUSE February 27, 2013 happen in Wisconsin because of those spending—from our economy. It will numbers. This is about flesh-and-blood cuts. mean 80,000 Floridians, mom and pops people who are going to be hurt by our Finally, one of the areas that I think are not going to be able to pay their inaction. we hear lip service to from people on mortgage or send their kids to college. So, with that, Congressman, I want the other side of the aisle—and you see And they could be a teacher, or they to yield my time back to you and real action from people on this side of could be a bus driver, or they could be thank you for inviting me to partici- the aisle—is what are we doing for a manager in a hotel. It’s going to af- pate today. Let’s keep fighting to stop small businesses, not the big busi- fect all walks of life. the sequestration, and let’s get our fis- nesses, not those who outsource jobs Just like your State—and I heard Mr. cal house in order in this country in a overseas, not those who domicile in POCAN talk about the effects where he balanced way and not in a way to kick other countries so they don’t have to lives—we will lose money from edu- people out of jobs and take food from pay taxes. I’m talking about the small cation, our science programs, and our seniors and quality child care from businesses like mine that I deal with transportation infrastructure. But children. on a daily basis. what I want to talk about is a couple Mr. POCAN. Mr. Speaker, can I in- For 25 years I’ve had a small busi- people today. I want to talk about real quire how much time remains? ness. It’s the people who pay their people. The SPEAKER pro tempore. The gen- taxes and who hire the workers who are I talked earlier today about Ruth. I tleman from Wisconsin has 25 minutes the real economic engines for our com- don’t know if you heard me talk about remaining. munity. Ruth, but if you didn’t hear me talk Mr. POCAN. Mr. Speaker, the gentle- about Ruth, I want you to know about woman from Florida hit it exactly on b 1750 Ruth, because Ruth is 91 years old. the head. This is about real people. Well, thanks to the sequester, we Congratulations, Ruth, for getting that This is about the effects that seques- could see up to $900 million less in loan far along in life. tration will have on real people, the guarantees to help stimulate the econ- But let me tell you what happens kind of people who, when they hear omy. So what sequester is is nothing when you get to be 91. I know. I’m not ‘‘sequestration,’’ they think it’s a me- more than an austerity policy that’s 91 yet, but I have a lot of constituents dieval torture. Average people don’t going to provide so many cuts and in Florida who have retired to the area come up with a term that only Wash- damages to the economy that we will where I live. Do you know what hap- ington could devise, which is what see, according to what we’ve been told pens when you get to be 91? So many of we’ve done with the sequester. by the experts, could cut our economic the people who you love, so many of Let me tell a real story from my dis- growth in half in the next year. And we the people who you grew up with, your trict. There’s a woman in Marshall, can’t afford to have a double-dip reces- children, your friends, your neighbors, Wisconsin, who sent me an email. I’d sion, much less a triple-dip recession, they pass on. And by the time you get like to share that with the American like we’re seeing right now in Europe. to be 91 and you’ve moved away from people. With that, I would like to yield to your family—in Florida it happens Here’s what she says: yet another great freshman colleague often—you are left alone. So when It’s being reported that the effect of the se- of mine. This is a woman from south- Ruth came home from a stay in the quester on average Americans will be mini- ern Florida. Like myself, we’ve spent hospital, she was alone. She had no mal. In the case of our family, this is not time in our legislatures. She is an ex- ability, by herself, to shop and to cook, true. My son is a civilian firefighter at pert in many areas, and she was a leg- and she could barely get out of bed. Offutt Air Force Base in Omaha. Today, he gave me a call to tell me that all the fire- islative leader in the State of Florida. She had nobody to help her, except she had us. She had us, the safety net of fighters would be getting a letter Friday ex- I could think of no one better to tell us plaining that their shift crew size will go about the potential cuts in her State the United States of America. With the safety net of the United from 19 to seven immediately. As a fire- than Ms. FRANKEL from south Florida. States of America, she had delivered to fighter, he must work 106 hours—versus 80 Ms. FRANKEL of Florida. Thank for the rest of us—to receive overtime. In ad- her, on a regular basis, meals from a you, Congressman, and thank you for dition, their overtime will be eliminated. program called Meals on Wheels, so she inviting me to join you today. I don’t That will result in a 40 percent reduction in could eat every day. It astonishes me want to go through all the statistics. I pay for my son’s family. His wife is in grad- that on Friday—it’s Friday, right? On uate school, and they had their first child in guess I could because sometimes we Friday, we hit a phase of our history, December 2012. There is a real face to the re- forget that we’re talking about real what we call sequestration, which ductions. Please use your energy and Wis- people. Let me just keep it very, very means that literally hundreds of thou- consin progressive common sense to put a simple. sands of our seniors like Ruth across stop to this across-the-board reduction. First of all, in the State of Florida, this country face the prospect of not That’s another real story of someone the beautiful State of Florida—I tell having a meal each day. being affected. It’s not about a $4 mil- people I live in paradise—we’re finally I’m going to tell you one more story, lion TV station at the IRS. It’s about turning the corner with the economy. and then I’m going to yield back. This the real people in this country who will Over the last several years, we literally is a story of a young woman named see the impact in the next month and lost millions of jobs. Our construction Tanjee. And this is a good story, be- the next month and the next month. industry went bust. Of course, the cause Tanjee, when she was a young b 1800 whole country was hurting, so tourism mother, a young single mother, when got hurt. And now we’re starting to she was working really hard but not And as much as the Republicans tell turn things around. The value of our making a lot of money—a lot of people us that they’ll try to fix it a month homes is going up, the tourists are in this country work really hard but from now—again, I don’t know why you coming back, and people are finding they don’t make a lot of money—and wouldn’t just fix it instead of letting work. she has four children. And in order for these devastating cuts come in. The worst thing that could happen her to go to work every day to provide I want to share another story that right now—the worst thing that we for those children, she needed to leave came in from Oregon, Wisconsin. This could do here in Congress to our econ- them in a safe, nurturing environment, is from a case manager who works with omy back home—is to remove so much and she did so in a location in my town seniors at Meals on Wheels. Let me money in such a quick time from our called the YWCA. They had a Head read their story. They said: economy that it would put our job Start program. And today, her chil- I work in Beaverton, Oregon, as a case market in a tailspin. Outside analysts dren, one has become a teacher, one is manager for seniors and people with disabil- say that just in the State of Florida, in the military, and two are in high ities. I work with seniors who live on $700 a over the next year, we could lose 80,000 month. That’s all they have to pay for rent, school. What would have happened to utilities, food, and medication. If Congress jobs. Now, we’re not talking about her children had the United States of cuts funding for the programs that my de- 80,000 government jobs. We’re talking America not been there for her? partment administers, the seniors I work about the removal of government I want everybody to know that it’s with could end up in the hospital, sick, or spending—that horrible government not just about numbers. There’s lots of just living on the streets.

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.081 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H697 Budget cuts also affect our jobs. I’m a sin- versities, to the researchers, to every- consin and the freshman Members who gle parent with a child who goes to school. thing that we’ve heard of just in the participated in the last hour for a job So if there are cuts, I might need assistance last 45 minutes. From California, to well done in underscoring what the se- myself. We see the faces of our seniors, we see Pennsylvania, to Florida, to Wisconsin, quester means to Americans across the their homes, and we see how they live on a you’ve heard the real impacts of the se- country. very limited income. Some legislators say quester. Now it’s up to us, the House of I’m going to shift gears now as I’m it’s too much money and we can’t afford it. Representatives, to act. Yet we joined by my good colleague from Vir- But if we don’t provide services, these people haven’t. ginia (Mr. MORAN). We’re going to talk could literally die if we take away their life We’ve had our opportunities, and the about gun violence. support. That’s what our services represent Progressive Caucus and the Democrats Those of us who’ve been victims of to the seniors who I work with: life support. have put forth real alternatives that gun violence see horrific pictures in Look, this isn’t about pointing fin- will provide both cuts and revenue that our minds over and over again. Mine gers and assessing blame on whose idea will really deal with the amount of was over 30 years ago, but I am still this was. Let’s figure out how to get it money that we have to face in the next haunted by visuals of that day: my leg done, how to fix this. 2 days to take care of, and yet no one being blown up, my arm being blown I can tell you, when I served on our has come to the table. There’s no other up, and really thinking that I was finance committee in the State legisla- plan in this room right now offered to going to die. ture in Wisconsin, I had the oppor- deal with the sequester that we’re When you look death in the eye, tunity to serve on that for 6 years. I going to face in the next 48 hours. there’s a certain clarity that comes to served on that 16-member committee On behalf of the Progressive Caucus you, a certain clarity about what’s im- when there were 12 Republicans and 4 and our ability to talk today to the portant, a certain fearlessness to deal Democrats; I served on that committee public, I hope you’ve heard the real im- with issues that maybe you wouldn’t when there were eight Republicans and pact of the sequester. I hope you’ll con- have dealt with under other cir- eight Democrats; and I served on that tact your Representatives, no matter cumstances. committee and chaired it when there where they are across the country. Now I am haunted by more recent were 12 Democrats and 4 Republicans. Email them, call them and tell them, events in Newtown. I’m haunted by the I’ve been on pretty much every con- Go get the job done. You’ve got 48 story told by Veronique Pozner about figuration you can have. The way we hours to do that. I don’t want cuts to little Noah, her son. did our budgeting was we would lit- the schools that my kids go to. I don’t Little Noah was shot 11 times. A lit- erally spend 3 days a week, 8 hours a want my grandparent or my parent or tle child was shot 11 times. She made a day for 3 or 4 months just agonizing my neighbor to lose their ability to get point of having an open casket at his over every detail of the budget because that Meals on Wheels. I don’t want my funeral for one reason, because this is it was important. Every single program neighbor who is a small business owner not just about numbers. This is about we had, every single dollar we spent who is trying to jump-start the econ- human beings. This is about visualizing meant something to someone. We had omy to lose access to capital. what happens when someone is gunned to make sure that we were spending it You have to make that call because down. in the most wise and efficient way pos- you’re our bosses. So, please, in the She had an open casket, and she in- sible. next 24 hours, reach out to us and tell vited the Governor of Connecticut to I’ve heard a lot about how Federal your Member of Congress to get to the funeral because she wanted the Government spends too much, how work. Our job is to end the sequester. If Governor to see this little cherub face. there’s waste, fraud, and abuse, but the we don’t, you’ll be watching, and you She said it’s not little angels going to sequester doesn’t address that. The se- expect more of us. Heaven. This little boy had his mouth quester addresses these across-the- Mr. Speaker, with that, I yield back blown off and his jaw gone and his hand board, indiscriminate, irresponsible the balance of my time. gone. She wanted the Governor to re- cuts we would never do when we were member that little face when legisla- f actually laying out the budgets we did tion came to his desk. back in our State of Wisconsin. COMMUNICATION FROM THE It’s time for all of us here in this I feel that these real cuts, these real CLERK OF THE HOUSE House to stop thinking about numbers effects that we’re going to see could be The SPEAKER pro tempore laid be- and start thinking about people. Yes, stopped, but the only way we can do fore the House the following commu- over 1,800 people have died since New- that is to actually have that impact nication from the Clerk of the House of town, and over 500 of them have been right here in this House of Representa- Representatives: children. If we do nothing else but tives. We need to get people to come focus on the children in this country, back to the table. Stop the finger- OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, that should call us to action. pointing, stop the blaming, stop saying Washington, DC, February 27, 2013. I’m going to talk about a child, a you’ll fix something a month later, Hon. JOHN A. BOEHNER, child from my district, an infant, a 3- maybe. The Speaker, House of Representatives, month-old infant. This infant was I’ll tell you, last week when I was Washington, DC. named Izak Jimenez. He was just a lit- back in Wisconsin, I have heard more DEAR MR. SPEAKER: Pursuant to the per- tle tyke. His parents had come from than 10 or 20 times that people have no mission granted in Clause 2(h) of Rule II of the baby shower, had put him in his car the Rules of the U.S. House of Representa- confidence in Washington. How many seat, and the mother and the father times have we just kicked the can on tives, the Clerk received the following mes- sage from the Secretary of the Senate on with the 4-year-old child were in the the debt ceiling? How many times have February 27, 2013 at 1:57 p.m.: front seat. we faced a deadline and the days before Appointments: b 1810 maybe started talking? Here we are 2 Joint Committee on Taxation. days before these meat-ax cuts will With best wishes, I am It was mistaken identity. Gang mem- take effect, and this House has done Sincerely, bers—two young kids, 16 and 17 years of nothing. KAREN L. HAAS. age—came and shot up their truck. We need to take a much wiser ap- f They killed this little baby. They proach to this. We need to make sure killed him. The parents were shot. The that we stop these cuts that are going GUN VIOLENCE 4-year-old was spared. They were 16- to have real impacts to small business The SPEAKER pro tempore. Under and 17-year-old kids. When they were owners, to seniors, to parents with the Speaker’s announced policy of Jan- found, they had extra handguns. children who go to school, to health uary 3, 2013, the Chair recognizes the They’re not legally allowed to have care for so many hundreds of thousands gentlewoman from California (Ms. those handguns, but somehow they got of people across this country, to the SPEIER) for 30 minutes. them into their hands. people who are going to medical Ms. SPEIER. Mr. Speaker, I’d like to We are not debating the Second school, to the people going to our uni- compliment the gentleman from Wis- Amendment when we talk about gun

VerDate Mar 15 2010 03:31 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.084 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H698 CONGRESSIONAL RECORD — HOUSE February 27, 2013 violence prevention. The Second you went through in your very early sive to the overwhelming opinion of Amendment is secure. It’s even more adulthood. That, understandably, con- the American people. secure since the Heller decision, when tinues to shape your view of gun vio- I’d like to share with my dear friend the Heller Court said: lence. Hopefully, others will share that and colleague another interesting fact, The Second Amendment guarantees every view without having to go through and that is that auto deaths fell to American the opportunity to have a gun for such a horrific experience, but thank 32,000 and that deaths from firearms, recreational purposes and to protect them- you particularly for putting a face on including suicides and accidents, are selves in their homes, but having said that, the tragedy at Newtown and on the gun over 30,000. So they are roughly the it also provides government with the right to violence that we have experienced all same. The Centers for Disease Control provide certain levels of regulation. too often in this country. estimates that by 2015 there will be sig- So what are those certain levels of I do think that the tragedy of 20 tiny, nificantly more deaths from firearms regulation? little children being blown to bits has than deaths from motor vehicles. It has Why don’t we start with something changed the conversation and has already occurred in Virginia. We had really simple, really straightforward, changed the attitude of the American 875 reported firearm deaths in the last and that is universal background people, as evidenced by the 92 percent year compared to 728 motor vehicle checks. Don’t we want to make sure who understand that universal back- deaths. that people who go to gun dealers to ground checks are appropriate. In fact, Now, with regard to motor vehicles, buy guns legally have the right to buy more than three-quarters of NRA mem- we have acted proactively in the form the guns? That they’re not felons? That bers believe that to be the case, despite of seatbelt laws; we have improved they’re not ex-felons? That they what Mr. LaPierre’s official position is. safety standards for the manufacturers haven’t been charged and convicted of It would seem that, perhaps, he is more of the vehicles that are made in this drug trafficking? That they haven’t interested in representing the gun country and for the vehicles that are been convicted of misdemeanor domes- manufacturers than the members of sold in this country; we have harsher tic violence, or that they haven’t been the association. penalties for drunk driving, as well as adjudicated by a court as being men- I also learned today, as many of us having mandatory driver training tally incompetent? Of course we do, did, that the chair of our Judiciary classes. They’ve worked, and they’ve and this number says it all. A Committee, out of concern for the in- saved lives. Quinnipiac poll this month said that 92 convenience that it may cause gun pur- b 1820 percent of Americans believe that we chasers, has decided that the Judiciary should have universal background Committee is not going to be consid- Why can’t we do it with firearms? It checks. ering universal background checks. seems wholly consistent with the ap- Why can’t we come together—Repub- Ms. SPEIER. Will the gentleman propriate way, the way that the Amer- licans and Democrats, parents of small yield on that point? ican people want us to respond to a children and older children, people who Mr. MORAN. I yield to the gentlelady problem, and this is more than a prob- have encountered on one level or an- from California. lem. This is an extraordinary situation other gun violence—and say, certainly, Ms. SPEIER. I was unaware that he that demands action by this body. we can do this; certainly, we can have had made that statement today. So I would hope that regardless of universal background checks so that In California, we have universal the views of the chair of the Judiciary guns don’t get in the wrong hands, so background checks. We have a uni- Committee, even of many of the Mem- that 16- and 17-year-old kids don’t get a versal background check for private bers, some of whom have an A rating hold of a gun and then shoot up an in- sales in which you have to do it from the NRA, that we would be re- nocent family? through a local gun dealer. Even with sponsive to the overwhelming majority So what does Wayne LaPierre say all of that burden, you might argue—if of the American people, and even NRA about that? This is pretty interesting. that’s what the Judiciary chairman is members, and act responsibly. Back in 1999, after Columbine, Wayne arguing—that 600,000 guns were pur- In Virginia, we are one of the three LaPierre was really clear about uni- chased last year in the State of Cali- States that are the principal source for versal background checks. He said: fornia. trafficking of guns. Florida and Geor- On behalf of the NRA, we think it’s reason- Mr. MORAN. I thank the gentlelady. gia are the other two. People go in of- able to provide mandatory instant criminal tentimes with straw purchasers, and background checks for every sale at every I believe that California’s laws are gun show—no loopholes anywhere for any- far more sane than the laws of many they buy large quantities of guns. They one. other States, particularly the laws of put them in the trunk of their car and That’s what he said in 1999. my own State of Virginia. drive to a street corner in an urban Now, mind you, a recent poll by The situation we have today is that area, and they sell them. And invari- Frank Luntz—a Republican pollster— over 40 percent—almost half—of the ably they end up in criminal activity, of just NRA members and non-NRA gun guns purchased in this country don’t oftentimes causing the deaths of peo- members, found that 74 percent of NRA have to go through a background ple, many innocent people such as you members and 83 percent of gun owners check; 6.6 million firearm sales oc- observed earlier, Ms. SPEIER. support a universal background check. curred at gun shows and through pri- I want to thank the Congresswoman. So did Wayne LaPierre in 1999. vate arrangements that didn’t have to She is a leader on this fight. It is a ter- What is he saying today? go through a background check. That’s ribly important battle. We can’t let it Today, before Senator LEAHY, when not even fair to the retail sellers, who go. Time is not on our side. Time is on asked, ‘‘You don’t support background have to require the background check the side of the NRA. That’s why invari- checks in all instances at gun shows?’’ and comply with the law. ably they have prevailed previously. Mr. LaPierre responds, ‘‘We do not be- It’s almost as though you have two We can’t let that happen today. We cause the fact is the law right now is a security lines at an airport—one in can’t let that happen now. The Amer- failure the way it is working. None of which you’re going to have to stand ican people deserve more, and certainly it makes any sense in the real world.’’ and have the machine go around and the families of those very young vic- I would submit to my good friend Mr. check for metal and so on and then an- tims at Newtown, Connecticut, deserve MORAN that this is the real world and other line that you can just walk action on our part. I thank the gentle- that we are dealing with real people. I through without being checked. So lady from California. You’re a wonder- know that you would like to comment, which line would criminals choose? ful leader. Thank you for your courage from your perspective, on the state of Ms. SPEIER. And how is that equal and your leadership. gun violence and the lack of gun vio- protection under the law? Ms. SPEIER. I thank the gentleman lence prevention in this country. Mr. MORAN. It just doesn’t seem to from Virginia for his articulate com- Mr. MORAN. I thank the very distin- make sense. mentary about this issue. guished gentlelady from California. This is a democracy. It would seem You know, the time has come for all Thank you for heroically sharing that we have some responsibility, re- of us to stop quaking in our boots be- with us the horrific experience that gardless of our own views, to be respon- cause the NRA leadership has spoken.

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.086 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H699 You know, I’ve spoken to a number of These are celebrities, not organiza- EXECUTIVE COMMUNICATIONS, my Republican colleagues over the last tions, but they include the likes of ac- ETC. few weeks, and they are without any tress Lauren Bacall, Tony Bennett. Under clause 2 of rule XIV, executive kind of rational reason for why they Tony Bennett is on their enemies list. communications were taken from the can’t support one thing or another. Is this taking us back to the McCarthy Speaker’s table and referred as follows: Their beliefs have become so molded by era? Sean Connery is on the enemies 533. A letter from the Under Secretary, De- what the leadership of the NRA says. list. Michael Douglas, Billy Crystal, partment of Defense, transmitting the Stra- Now the NRA leadership isn’t reflect- Kathie Lee Gifford, Leonard Nimoy, tegic and Critical Materials 2013 Report on ing the NRA membership, and that’s Mary Tyler Moore, John McEnroe, and Stockpile Requirements; to the Committee what we’ve got to remember. The NRA Barry Manilow. on Armed Services. membership supports universal back- Now, come on. In this country, we 534. A letter from the Chief Counsel, ground checks. would create a list, an organization FEMA, Department of Homeland Security, Let me share with you what Wayne transmitting the Department’s final rule — would create a list of enemies because Final Flood Elevation Determinations LaPierre recently said, actually in a they support gun violence prevention? (Wayne County, PA, et al.) [Docket ID: speech over the weekend, to continue Mr. Speaker, I’m dumbfounded by FEMA-2013-0002] received February 20, 2013, to promote what I would call paranoia what goes on here from time to time. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and fearmongering. He was talking I’m particularly dumbfounded by the mittee on Financial Services. about universal background checks, inability of this Congress and this 535. A letter from the Chief Counsel, and he said: House to stand up to the NRA leader- FEMA, Department of Homeland Security, transmitting the Department’s final rule — It’s aimed at registering your guns. And ship and stand up for America. Final Flood Elevation Determinations (Hali- when another tragic opportunity presents I’m going to close, Mr. Speaker, by fax County, NC, et al.) [Docket ID: FEMA- itself, that registry will be used to confiscate memorializing two people in California 2013-0002] received February 20, 2013, pursu- your guns. that died yesterday, two Santa Cruz ant to 5 U.S.C. 801(a)(1)(A); to the Committee The American people know that’s not police officers in the line of duty, doing on Financial Services. true. A tragic opportunity, that’s what their job, going to a home to determine 536. A letter from the Chief Counsel, he calls that horrific incident in New- whether or not there had been some do- FEMA, Department of Homeland Security, town, Connecticut. Opportunity? He transmitting the Department’s final rule — mestic altercation. Elizabeth Butler Final Flood Elevation Determinations has lost all sense of reality. was a 10-year veteran with the Santa We owe it to every American to do (Duval County, FL, et al.) [Docket ID: Cruz Police Department. Loran Baker, FEMA-2013-0002] received February 20, 2013, something rational around gun vio- known as Butch, was a 28-year veteran pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- lence prevention. And I am not going of the Santa Cruz Police Department. mittee on Financial Services. to stand here and be cowed by NRA It’s a small town. It’s a comfortable 537. A letter from the President and CEO, leadership and not do what’s right. And town. It’s a loving town. It’s an easy- Corporation for Public Broadcasting, trans- oh, yes, I have already gotten plenty of mitting the Corporation’s 2011 annual report going town. There are only 90 officers regarding the activities and expenditures of threatening Facebook pronounce- on their police force. They have never ments. I don’t care. I owe it to Noah the independent production service; to the had a shooting death of a police officer Committee on Energy and Commerce. Pozner. I owe it to little Izak. I owe it in the history of that city. But yester- 538. A letter from the Secretary, Depart- to Gabby . I owe it to 32 Ameri- day, they lost two of them, by a man ment of Health and Human Services, trans- cans every day who get killed because who had body armor on, loaded down mitting a report on the Developmental Dis- of gun violence. with guns, who had been convicted in abilities Programs for Fiscal Years 2009-2010, So let’s move on and talk a little bit Oregon of a sex offense of sorts, and pursuant to 42 U.S.C. 15005 Public Law 106- 402, section 105; to the Committee on Energy about an internal NRA memo. This who had a gun and did not have a con- memo lists national organizations with and Commerce. ceal permit. He comes down to Cali- 539. A letter from the Acting Assistant supposed antigun policies. Well, it’s fornia with his gun—shouldn’t have Secretary, Legislative Affairs, Department really kind of interesting when you had a gun because at that point he was of State, transmitting an extension of the look at this. This is the enemies list an ex-felon—shoots two Santa Cruz po- waiver of the restrictions contained in Sec- that the NRA has developed. There are lice officers. Between them, they have tion 907 of the FREEDOM Support Act of lots of organizations and people’s five children. 1992, pursuant to Public Law 107-115; to the names on it. We just highlighted a few Committee on Foreign Affairs. Let’s do it for the children of this 540. A letter from the Chairman, Council of here. country. Let’s do it for law enforce- The American Association of Retired the District of Columbia, transmitting ment in this country. Let’s do it for all Transmittal of D.C. ACT 19-647, ‘‘Consumer Persons is on their enemies list. You’ve of us so we can go to the mall and we Protection Act of 2012’’; to the Committee on got to be kidding me. can go to church and we can go to Oversight and Government Reform. Hallmark Cards. Now, I had to look school and not be in fear of being 541. A letter from the Chairman, Council of long and hard to find out why Hall- mowed down by violence the District of Columbia, transmitting mark Cards would be on the enemies Transmittal of D.C. ACT 19-643, ‘‘Autono- I yield back the balance of my time. list for the National Rifle Association. mous Vehicle Act of 2012’’; to the Committee I guess 20 years ago they contributed on Oversight and Government Reform. to an initiative to try and prevent a f 542. A letter from the Chairman, Council of the District of Columbia, transmitting mandatory conceal and carry in a Transmittal of D.C. ACT 19-644, ‘‘New and State, and that put them on the en- LEAVE OF ABSENCE Used Tire Dealer License Act of 2012’’; to the emies list. By unanimous consent, leave of ab- Committee on Oversight and Government The YWCA, the Young Women’s sence was granted to: Reform. 543. A letter from the Chairman, Council of Christian Association; the Anti-Defa- Mr. CULBERSON (at the request of Mr. the District of Columbia, transmitting mation League, and many other Jewish CANTOR) for today on account of ill- organizations, I might add; the League Transmittal of D.C. ACT 19-645, ‘‘Department ness. of Parks and Recreation Fee-based Use Per- of Women Voters, the organization pro- mit Authority Amendment Act of 2012’’; to moting all of the smart voting that f the Committee on Oversight and Govern- goes on in this country, all of the op- ment Reform. portunities for all of us to be able to 544. A letter from the Chairman, Council of access our legislators. And then the ADJOURNMENT the District of Columbia, transmitting American Federation of Teachers and Ms. SPEIER. Mr. Speaker, I move Transmittal of D.C. ACT 19-646, ‘‘Pre-litiga- the National Education Association. that the House do now adjourn. tion Discovery of Insurance Coverage These people, these organizations, The motion was agreed to; accord- Amendment Act of 2012’’; to the Committee on Oversight and Government Reform. can’t all be wrong. But the NRA has ingly (at 6 o’clock and 30 minutes 545. A letter from the Chairman, Council of put them on their enemies list. p.m.), under its previous order, the the District of Columbia, transmitting Let me give you some other names House adjourned until tomorrow, Transmittal of D.C. ACT 19-631, ‘‘Public Ve- you might find kind of interesting. Thursday, February 28, 2013, at 9 a.m. hicle-for-Hire Innovation Amendment Act of

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K27FE7.088 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H700 CONGRESSIONAL RECORD — HOUSE February 27, 2013 2012’’, pursuant to 5 U.S.C. 801(a)(1)(A); to the titles were introduced and severally re- H.R. 850. A bill to impose additional human Committee on Oversight and Government ferred, as follows: rights and economic and financial sanctions Reform. with respect to , and for other purposes; By Mr. DEFAZIO (for himself and Mr. 546. A letter from the Chairman, Council of to the Committee on Foreign Affairs, and in CHAFFETZ): the District of Columbia, transmitting addition to the Committees on the Judici- H.R. 845. A bill to amend chapter 29 of title Transmittal of D.C. ACT 19-637, ‘‘Affordable ary, Financial Services, Oversight and Gov- 35, United States Code, to provide for the re- Dwelling Unit Hardship Waiver Temporary ernment Reform, and Ways and Means, for a covery of patent litigation costs, and for Act of 2012’’; to the Committee on Oversight period to be subsequently determined by the other purposes; to the Committee on the Ju- and Government Reform. Speaker, in each case for consideration of diciary. 547. A letter from the Chairman, Council of such provisions as fall within the jurisdic- By Mr. OLSON (for himself, Ms. the District of Columbia, transmitting tion of the committee concerned. MCCOLLUM, Mr. ROSKAM, Mr. BARROW Transmittal of D.C. ACT 19-634, ‘‘Excise Tax By Mr. PASCRELL (for himself, Ms. of Georgia, Mr. GUTHRIE, Mr. Amendment Act of 2012’’; to the Committee SCHWARTZ, Mr. RANGEL, Mr. LEWIS, PALAZZO, Mr. ROE of Tennessee, Mrs. on Oversight and Government Reform. Mr. LARSON of Connecticut, Mr. KIND, 548. A letter from the Chairman, Council of BLACK, Mr. COBLE, Mr. RIBBLE, Mr. Mr. NEAL, Mr. BECERRA, Mr. DANNY the District of Columbia, transmitting HARPER, Mr. MCKINLEY, Mrs. BLACK- K. DAVIS of Illinois, Mr. LEVIN, and Transmittal of D.C. ACT 19-638, ‘‘Pipefitting, BURN, Mr. PASCRELL, Mr. RENACCI, Ms. LINDA T. SA´ NCHEZ of California): Refrigeration and Air Conditioning Me- Mrs. CAPITO, Mr. NUNES, Mr. TIBERI, chanic Occupations Equality Act of 2012’’; to Mr. BILIRAKIS, Mr. LOEBSACK, Mr. H.R. 851. A bill to amend the Internal Rev- the Committee on Oversight and Govern- MULVANEY, Mr. CRENSHAW, Mr. enue Code of 1986 to encourage domestic ment Reform. BUCSHON, Mr. PRICE of Georgia, Ms. insourcing and discourage foreign outsourc- 549. A letter from the Chairman, Council of JENKINS, Mr. OWENS, Mr. REED, Mr. ing; to the Committee on Ways and Means. the District of Columbia, transmitting AMODEI, Mr. KINZINGER of Illinois, By Mr. RANGEL (for himself, Mr. Transmittal of D.C. ACT 19-639, ‘‘Department Mr. SCHOCK, Mr. BRALEY of Iowa, Mr. BISHOP of Georgia, Ms. BROWN of of Parks and Recreation Revenue Generation BURGESS, Mr. HARRIS, Mr. ROGERS of Florida, Mr. BUTTERFIELD, Mrs. Clarification Amendment Act of 2012’’; to the Michigan, Mr. HECK of Nevada, Mrs. CHRISTENSEN, Ms. CLARKE, Mr. CLAY, Committee on Oversight and Government CAPPS, Mr. SHIMKUS, Mr. GRIFFIN of Mr. COHEN, Mr. CONYERS, Mr. CUM- Reform. Arkansas, Mr. LATTA, Mr. WALDEN, MINGS, Mr. DANNY K. DAVIS of Illi- 550. A letter from the Chairman, Council of Mr. BOUSTANY, Mr. MATHESON, and nois, Mr. FATTAH, Ms. FUDGE, Mr. AL the District of Columbia, transmitting Mr. TERRY): GREEN of Texas, Mr. GRIJALVA, Ms. Transmittal of D.C. ACT 19-633, ‘‘Regulation H.R. 846. A bill to amend title XVIII of the HAHN, Mr. HASTINGS of Florida, Mr. of Body Artist and Body Art Establishments Social Security Act to ensure the continued HOLT, Ms. EDDIE BERNICE JOHNSON of Clarifying Amendments Act of 2012’’; to the access of Medicare beneficiaries to diag- Texas, Ms. LEE of California, Mr. Committee on Oversight and Government nostic imaging services; to the Committee LEWIS, Mrs. CAROLYN B. MALONEY of Reform. on Energy and Commerce, and in addition to New York, Ms. MCCOLLUM, Mr. 551. A letter from the Chairman, Council of the Committee on Ways and Means, for a pe- MEEKS, Ms. MOORE, Ms. NORTON, Mr. the District of Columbia, transmitting riod to be subsequently determined by the PAYNE, Mr. RUSH, Mr. SCOTT of Vir- Transmittal of D.C. ACT 19-640, ‘‘Foster Speaker, in each case for consideration of ginia, Ms. SHEA-PORTER, Ms. SLAUGH- Youth Statements of Rights and Responsibil- such provisions as fall within the jurisdic- TER, Mr. THOMPSON of Mississippi, ities Amendment Act of 2012’’; to the Com- tion of the committee concerned. Mr. WATT, and Mr. VAN HOLLEN): mittee on Oversight and Government Re- By Mr. GERLACH (for himself, Mr. form. H.R. 852. A bill to posthumously award a FARR, Mr. YOUNG of Florida, and Mrs. 552. A letter from the Chairman, Council of Congressional gold medal to Shirley Chis- the District of Columbia, transmitting CAPPS): holm; to the Committee on Financial Serv- H.R. 847. A bill to amend the Animal Wel- Transmittal of D.C. ACT 19-641, ‘‘Criminal ices. fare Act to provide further protection for Fine Proportionality Amendment Act of By Mr. BUCHANAN (for himself, Ms. puppies; to the Committee on Agriculture. 2012’’; to the Committee on Oversight and BROWN of Florida, Ms. CASTOR of Government Reform. By Mr. THOMPSON of California (for Florida, Mr. CRENSHAW, Mr. DEUTCH, 553. A letter from the Chairman, Council of himself and Ms. SPEIER): Mr. DIAZ-BALART, Ms. FRANKEL of the District of Columbia, transmitting H.R. 848. A bill to direct the Attorney Gen- Florida, Mr. GARCIA, Mr. GRAYSON, Transmittal of D.C. ACT 19-642, ‘‘Basic Busi- eral to make grants to States to develop sys- Mr. HASTINGS of Florida, Mr. MILLER ness License Renewal Amendment Act of tems to retrieve firearms from armed prohib- of Florida, Mr. MURPHY of Florida, 2012’’; to the Committee on Oversight and ited persons; to the Committee on the Judi- Mr. NUGENT, Mr. POSEY, Mr. RADEL, Government Reform. ciary. Mr. ROONEY, Ms. ROS-LEHTINEN, Mr. 554. A letter from the Chairman, Council of By Mr. SMITH of Washington (for him- ROSS, Mr. SOUTHERLAND, Ms. the District of the Columbia, transmitting self, Mr. BRADY of Pennsylvania, and WASSERMAN SCHULTZ, Mr. WEBSTER Transmittal of D.C. ACT 19-648, ‘‘Workforce Mr. GALLEGO): of Florida, Ms. WILSON of Florida, H.R. 849. A bill to amend the Balanced Job Development Grant-Making Authority Mr. YOHO, Mr. YOUNG of Florida, Mr. Budget and Emergency Deficit Control Act Act of 2012’’; to the Committee on Oversight HINOJOSA, Mr. CUELLAR, and Ms. of 1985 to eliminate the section 251A seques- and Government Reform. BROWNLEY of California): 555. A letter from the Deputy Secretary, trations and to reduce the security and non- Department of Commerce, transmitting the security discretionary spending limits by H.R. 853. A bill to create a Citrus Disease Chesapeake Bay Office Biennial Report for $320 billion from fiscal year 2014 through fis- Research and Development Trust Fund to fiscal years 2011 and 2012; to the Committee cal year 2021, and to suspend the statutory support research on diseases impacting the on Natural Resources. limit on the public debt until February 1, citrus industry, and for other purposes; to 556. A letter from the Federal Register Li- 2017; to the Committee on the Budget, and in the Committee on Ways and Means, and in aison Officer, Department of the Treasury, addition to the Committee on Ways and addition to the Committee on Agriculture, transmitting the Department’s final rule — Means, for a period to be subsequently deter- for a period to be subsequently determined Establishment of the Elkton Oregon mined by the Speaker, in each case for con- by the Speaker, in each case for consider- Viticultural Area [Docket No.: TTB-2012- sideration of such provisions as fall within ation of such provisions as fall within the ju- 0005; T.D. TTB-111; Ref: Notice No. 130] (RIN: the jurisdiction of the committee concerned. risdiction of the committee concerned. 1513-AB88) received February 20, 2013, pursu- By Mr. ROYCE (for himself, Mr. ENGEL, By Mr. MCCAUL: ant to 5 U.S.C. 801(a)(1)(A); to the Committee Ms. ROS-LEHTINEN, Mr. DEUTCH, Mr. H.R. 854. A bill to direct the Secretary of on Ways and Means. POE of Texas, Mr. SHERMAN, Mr. State to designate Iran’s Islamic Revolu- 557. A letter from the Federal Register Li- CHABOT, Mr. CONNOLLY, Mr. SMITH of tionary Guard Corps Qods Force as a foreign aison Officer, Department of the Treasury, New Jersey, Mr. MEEKS, Mr. WILSON terrorist organization, and for other pur- transmitting the Department’s final rule — of South Carolina, Mr. KEATING, Mr. poses; to the Committee on the Judiciary, Establishment of the Indiana Uplands MCCAUL, Mr. CICILLINE, Mr. SALMON, and in addition to the Committee on Foreign Viticultural Area and Modification of the Mr. SCHNEIDER, Mr. DUNCAN of South Affairs, for a period to be subsequently de- Ohio River Valley Viticultural Area [Docket Carolina, Mr. KENNEDY, Mr. termined by the Speaker, in each case for No.: TTB-2012-0004; T.D. TTB-110; Re: Notice KINZINGER of Illinois, Ms. MENG, Mr. consideration of such provisions as fall with- No. 129] (RIN: 1513-AB46) received February COTTON, Ms. FRANKEL of Florida, Mr. in the jurisdiction of the committee con- 20, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to COOK, Mr. HOLDING, Mr. WEBER of cerned. the Committee on Ways and Means. Texas, Mr. PERRY, Mr. RADEL, Mr. By Mr. HALL (for himself, Ms. SCHA- f COLLINS of Georgia, Mr. MEADOWS, KOWSKY, Mr. TERRY, Ms. LOFGREN, PUBLIC BILLS AND RESOLUTIONS Mr. MESSER, Mr. MARINO, Mr. SIRES, Mr. LOEBSACK, Ms. BONAMICI, Mr. Mr. HIGGINS, Mr. VARGAS, Mr. ROHR- DOGGETT, Mr. ELLISON, Mr. BLU- Under clause 2 of rule XII, public ABACHER, Mr. LOWENTHAL, Mr. STOCK- MENAUER, Mr. CICILLINE, Ms. NORTON, bills and resolutions of the following MAN, and Ms. GABBARD): Mr. KEATING, and Mr. WHITFIELD):

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\L27FE7.000 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H701 H.R. 855. A bill to amend title XIX of the By Mrs. CAROLYN B. MALONEY of By Mr. RANGEL: Social Security Act to require Medicaid cov- New York (for herself, Mrs. BLACK- H.R. 871. A bill to allow travel between the erage of optometrists; to the Committee on BURN, Ms. NORTON, Mr. RANGEL, Ms. United States and Cuba; to the Committee Energy and Commerce. MOORE, Mr. MORAN, Mrs. DAVIS of on Foreign Affairs. By Mrs. BLACK (for herself, Mr. California, Mr. HONDA, Mr. GRIJALVA, By Mr. RANGEL: SCHOCK, Mr. WESTMORELAND, and Mr. Ms. SPEIER, Ms. SCHAKOWSKY, Mr. H.R. 872. A bill to lift the trade embargo on ROE of Tennessee): CICILLINE, Ms. MATSUI, Mr. ELLISON, Cuba, and for other purposes; to the Com- H.R. 856. A bill to amend the Internal Rev- Ms. LORETTA SANCHEZ of California, mittee on Foreign Affairs, and in addition to enue Code of 1986 to require the social secu- Mr. PETERS of Michigan, Mrs. CAPPS, the Committees on Ways and Means, Energy rity number of the student and the employer Ms. DELAURO, Mr. MCGOVERN, and and Commerce, the Judiciary, Financial identification number of the educational in- Ms. BROWN of Florida): Services, Oversight and Government Reform, stitution for purposes of education tax cred- H.R. 863. A bill to establish the Commis- and Agriculture, for a period to be subse- its; to the Committee on Ways and Means. sion to Study the Potential Creation of a Na- quently determined by the Speaker, in each By Mr. COOK: tional Women’s History Museum, and for case for consideration of such provisions as H.R. 857. A bill to amend section 251A of fall within the jurisdiction of the committee the Balanced Budget and Emergency Deficit other purposes; to the Committee on Natural concerned. Control Act of 1985 to eliminate the Depart- Resources, and in addition to the Committee By Mr. RANGEL: ment of Defense sequestration for fiscal on House Administration, for a period to be years 2013 and 2014 and sequester such elimi- subsequently determined by the Speaker, in H.R. 873. A bill to facilitate the export of nated sums over a period of fiscal years 2015 each case for consideration of such provi- United States agricultural products to Cuba through 2021; to the Committee on the Budg- sions as fall within the jurisdiction of the as authorized by the Trade Sanctions Reform et, and in addition to the Committee on Ap- committee concerned. and Export Enhancement Act of 2000, to re- propriations, for a period to be subsequently By Mr. MCINTYRE (for himself and Mr. move impediments to the export to Cuba of determined by the Speaker, in each case for JONES): medical devices and medicines, to allow consideration of such provisions as fall with- H.R. 864. A bill to direct the Secretary of travel to Cuba by United States legal resi- in the jurisdiction of the committee con- Veterans Affairs to designate at least one dents, to establish an agricultural export cerned. city in the United States each year as an promotion program with respect to Cuba, By Mr. FORTENBERRY (for himself, ‘‘American World War II City’’, and for other and for other purposes; to the Committee on Mr. HINOJOSA, Mrs. CAPITO, Mr. purposes; to the Committee on Veterans’ Af- Foreign Affairs, and in addition to the Com- WALZ, Mr. WOMACK, and Mr. COURT- fairs. mittees on Ways and Means, the Judiciary, NEY): By Mr. NADLER (for himself, Mr. Agriculture, and Financial Services, for a pe- H.R. 858. A bill to amend section 520 of the MEEKS, and Mr. RANGEL): riod to be subsequently determined by the Housing Act of 1949 to revise the require- H.R. 865. A bill to establish the African Speaker, in each case for consideration of ments for areas to be considered as rural Burial Ground International Memorial Mu- such provisions as fall within the jurisdic- areas for purposes of such Act; to the Com- seum and Educational Center in New York, tion of the committee concerned. mittee on Financial Services. New York, and for other purposes; to the By Mr. RUNYAN: By Mr. JORDAN (for himself and Ms. Committee on Natural Resources. H.R. 874. A bill to award a Congressional SPEIER): By Ms. NORTON: Gold Medal in recognition of Alice Paul’s H.R. 859. A bill to rescind certain excess role in the women’s suffrage movement and H.R. 866. A bill to establish a grant pro- conference costs from any agency that over- in advancing equal rights for women; to the gram to assist States to establish universal spends on conferences, and for other pur- Committee on Financial Services. prekindergarten in public schools and public poses; to the Committee on Appropriations, By Mr. SENSENBRENNER (for him- charter schools; to the Committee on Edu- and in addition to the Committee on Over- self, Mr. HALL, Mr. WESTMORELAND, cation and the Workforce. sight and Government Reform, for a period Mr. BROUN of Georgia, Mr. SMITH of By Mr. PAULSEN (for himself and Mr. to be subsequently determined by the Speak- Texas, and Mr. GRIFFIN of Arkansas): KLINE): er, in each case for consideration of such pro- H.R. 875. A bill to provide for a comprehen- visions as fall within the jurisdiction of the H.R. 867. A bill to prohibit and deter the sive assessment of the scientific and tech- committee concerned. theft of metal, and for other purposes; to the nical research on the implications of the use By Mr. KIND (for himself and Mr. Committee on Energy and Commerce, and in of mid-level ethanol blends, and for other LEWIS): addition to the Committee on the Judiciary, purposes; to the Committee on Science, H.R. 860. A bill to amend the Internal Rev- for a period to be subsequently determined Space, and Technology, and in addition to enue Code of 1986 to make qualified biogas by the Speaker, in each case for consider- the Committee on Energy and Commerce, for property eligible for the energy credit and to ation of such provisions as fall within the ju- a period to be subsequently determined by permit new clean renewable energy bonds to risdiction of the committee concerned. the Speaker, in each case for consideration finance qualified biogas property; to the By Mr. PAYNE (for himself, Ms. NOR- of such provisions as fall within the jurisdic- Committee on Ways and Means, and in addi- TON, and Mr. CLAY): tion of the committee concerned. tion to the Committee on Science, Space, H.R. 868. A bill to authorize the Director of By Mr. SIMPSON: and Technology, for a period to be subse- the Bureau of Justice Assistance to make H.R. 876. A bill to authorize the continued quently determined by the Speaker, in each grants to States, units of local government, use of certain water diversions located on case for consideration of such provisions as and gun dealers to conduct gun buyback pro- National Forest System land in the Frank fall within the jurisdiction of the committee grams; to the Committee on the Judiciary. Church-River of No Return Wilderness and concerned. By Mr. PITTS (for himself and Mr. the Selway-Bitterroot Wilderness in the By Mr. KING of New York (for himself, CARNEY): State of Idaho, and for other purposes; to the Ms. SCHAKOWSKY, Mr. HASTINGS of H.R. 869. A bill to designate additional seg- Committee on Natural Resources. Florida, Mr. GRIJALVA, Mr. OWENS, ments and tributaries of White Clay Creek, By Mr. TURNER (for himself, Mr. and Mr. ELLISON): in the States of Delaware and Pennsylvania, H.R. 861. A bill to better protect, serve, and HOLT, Mr. CICILLINE, Mr. LANGEVIN, as a component of the National Wild and advance the rights of victims of elder abuse Mr. HIGGINS, Mr. KEATING, Mr. BLU- Scenic Rivers System; to the Committee on and exploitation by establishing a program MENAUER, and Mr. STIVERS): Natural Resources. to encourage States and other qualified enti- H.R. 877. A bill to amend the Internal Rev- ties to create jobs designed to hold offenders By Mr. CONYERS (for himself, Ms. enue Code of 1986 to expand the incentives accountable, enhance the capacity of the jus- CHU, Mr. CLAY, Mr. MCDERMOTT, Mr. for the rehabilitation of older buildings, in- tice system to investigate, pursue, and pros- DANNY K. DAVIS of Illinois, Mr. ELLI- cluding owner-occupied residences; to the ecute elder abuse cases, identify existing re- SON, Ms. BROWN of Florida, Mr. CUM- Committee on Ways and Means. sources to leverage to the extent possible, MINGS, Ms. EDWARDS, Ms. EDDIE BER- By Mr. ROHRABACHER (for himself, and assure data collection, research, and NICE JOHNSON of Texas, Ms. LEE of Mr. SHERMAN, Mr. GERLACH, Mr. HIG- evaluation to promote the efficacy and effi- California, Mr. GRIJALVA, Mr. HAS- GINS, Mr. POE of Texas, Mr. SALMON, ciency of the activities described in this Act; TINGS of Florida, Mr. HOLT, Mr. Mr. STOCKMAN, Mr. HUNTER, Mr. GOH- to the Committee on the Judiciary. COHEN, and Ms. FUDGE): MERT, Mrs. BACHMANN, Mrs. LUMMIS, By Mrs. KIRKPATRICK (for herself and H.R. 870. A bill to establish the National and Ms. LORETTA SANCHEZ of Cali- Mr. GOSAR): Full Employment Trust Fund to create em- fornia): H.R. 862. A bill to authorize the convey- ployment opportunities for the unemployed; H. Res. 86. A resolution expressing the ance of two small parcels of land within the to the Committee on Education and the sense of the House of Representatives that boundaries of the Coconino National Forest Workforce, and in addition to the Committee Dr. Shakil Afridi is an American hero and containing private improvements that were on Ways and Means, for a period to be subse- that he should be immediately released from developed based upon the reliance of the quently determined by the Speaker, in each custody by Pakistan; to the Committee on landowners in an erroneous survey con- case for consideration of such provisions as Foreign Affairs. ducted in May 1960; to the Committee on fall within the jurisdiction of the committee By Mr. GRIFFIN of Arkansas (for him- Natural Resources. concerned. self, Mr. WESTMORELAND, Mr.

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\L27FE7.100 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H702 CONGRESSIONAL RECORD — HOUSE February 27, 2013

BENTIVOLIO, Mr. HUIZENGA of Michi- By Mr. SMITH of Washington: made by Law; and a regular Statement and gan, Mr. STIVERS, Mr. ROSS, Mr. BUR- H.R. 849. Account of the Receipts and Expenditures of GESS, Mr. LOBIONDO, and Mr. Congress has the power to enact this legis- all public Money shall be published from CRAWFORD): lation pursuant to the following: time to time.’’ H. Res. 87. A resolution expressing the Article 1, Section 8, Clause 1, 2, 14, 18 Article I, Section 8, Clause 18 sense of the House of Representatives that By Mr. ROYCE: ‘‘To make all Laws which shall be nec- the President should suspend the delivery of H.R. 850. essary and proper for carrying into Execu- F-16 fighter aircraft, M1 tanks, and other de- Congress has the power to enact this legis- tion the foregoing Powers, and all other fense articles and defense services to the lation pursuant to the following: Powers vested by this Constitution in the Government of Egypt; to the Committee on Clauses 3 and 18 of Article I, Section 8 of Government of the United States, or in any Foreign Affairs. the U.S. Constitution Department or Officer thereof’’ By Mr. POE of Texas (for himself, Mr. By Mr. PASCRELL: By Mr. KIND: MCCLINTOCK, Mr. WESTMORELAND, Mr. H.R. 851. H.R. 860. ROHRABACHER, Mr. COFFMAN, Mr. Congress has the power to enact this legis- Congress has the power to enact this legis- CLAY, Mr. DAVID SCOTT of Georgia, lation pursuant to the following: lation pursuant to the following: Mr. COHEN, Mr. DIAZ-BALART, Mr. Congress has the power to enact this legis- Article I Section 8. SHERMAN, Mr. HIGGINS, Ms. ROS- lation pursuant to Article I, Section 8, By Mr. KING of New York: H.R. 861. LEHTINEN, Mr. FALEOMAVAEGA, and Clause 3 of the United States Constitution. Congress has the power to enact this legis- Mr. COTTON): By Mr. RANGEL: H. Res. 88. A resolution amending the H.R. 852. lation pursuant to the following: Article I, Section 8, Clause 1 Rules of the House of Representatives to pro- Congress has the power to enact this legis- The Congress shall have Power to lay and hibit the consideration of any bill or joint lation pursuant to the following: collect Taxes, Duties, Imposts and Excises, resolution that appropriates foreign assist- Constitutional Authority of Congress to to pay the Debts and provide for the common ance for more than one country; to the Com- enact this legislation is provided by Article Defence and general Welfare of the United mittee on Rules. 1, section 8, clause 1 (relating to the general welfare of the United States) and clause 5 States; but all Duties, Imposts and Excises f (relating to the coinage of money) shall be uniform throughout the United PRIVATE BILLS AND By Mr. BUCHANAN: States; By Mrs. KIRKPATRICK: RESOLUTIONS H.R. 853. Congress has the power to enact this legis- H.R. 862. Under clause 3 of rule XII, lation pursuant to the following: Congress has the power to enact this legis- Mr. PASTOR of Arizona introduced a bill The constitutional authority on which this lation pursuant to the following: Under Aticle I. Section 7 Congress has the (H.R. 878) for the relief of Martha Palmillas joint resolution rests is the power of Con- authority to pass bills for the good of the na- de Morales; which was referred to the Com- gress as enumerated in Article I, Section 8 of tion. mittee on the Judiciary. the United States Constitution. By Mr. MCCAUL: By Mrs. CAROLYN B. MALONEY of f H.R. 854. New York: CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- H.R. 863. Congress has the power to enact this legis- STATEMENT lation pursuant to the following: Article I, Sec. 8, Clause 3; and Article I, lation pursuant to the following: Pursuant to clause 7 of rule XII of Sec. 8, Clause 18. Article IV, Section 3, Clause 2. The Con- the Rules of the House of Representa- By Mr. HALL: gress shall have Power to dispose of and tives, the following statements are sub- H.R. 855. make all needful Rules and Regulations re- mitted regarding the specific powers Congress has the power to enact this legis- specting the Territory or other Property be- longing to the United States; and nothing in granted to Congress in the Constitu- lation pursuant to the following: The reference to the Commerce Clause is this Constitution shall be so construed as to tion to enact the accompanying bill or Prejudice any Claims of the United States, joint resolution. applicable to this bill: ‘‘This bill is enacted pursuant to the power granted to Congress or of any particular State.’’ By Mr. DEFAZIO: under Article I, Section 8, Clause 3 of the By Mr. MCINTYRE: H.R. 845. United States Constitution’’ H.R. 864. Congress has the power to enact this legis- By Mrs. BLACK: Congress has the power to enact this legis- lation pursuant to the following: H.R. 856. lation pursuant to the following: Article 1, Section 8: Congress has the power to enact this legis- ‘‘This bill is enacted pursuant to the power To promote the Progress of Science and lation pursuant to the following: granted to Congress under Article I, Section useful Arts, by securing for limited Times to Article I, Section 8, Clause 1 8, of the United States Constitution.’’ Authors and Inventors the exclusive Right to The Congress shall have the Power to lay By Mr. NADLER: H.R. 865. their respective Writings and Discoveries; To and collect Taxes, Duties, Imposts and Ex- Congress has the power to enact this legis- constitute Tribunals inferior to the Supreme cises, to pay the Debts and provide for the lation pursuant to the following: Court; common Defense and general Welfare of the Article 1, section 8, clauses 1, 17, and 18. By Mr. OLSON: United States; but all Duties, Imposts and H.R. 846. By Ms. NORTON: Excises shall be uniform throughout the H.R. 866. Congress has the power to enact this legis- United States. Congress has the power to enact this legis- lation pursuant to the following: By Mr. COOK: lation pursuant to the following: Clause 3 of Section 8 of Article 1 of the H.R. 857. Clause 1 of section 8 of article I of the Con- Constitution. The Congress shall have power Congress has the power to enact this legis- stitution. to regulate Commerce with foreign Nations, lation pursuant to the following: By Mr. PAULSEN: and among the several States, and with the Article I, Section 8, Clause 1 of the U.S. H.R. 867. Indian tribes. Constitution: Congress has the power to enact this legis- By Mr. GERLACH: The Congress shall have the Power to lay lation pursuant to the following: H.R. 847. and collect Taxes, Duties, Imposts and Ex- Article 1 Section 8 Congress has the power to enact this legis- cises, to pay the Debts and provide for the By Mr. PAYNE: lation pursuant to the following: common Defence and general Welfare of the H.R. 868. The Congress enacts this bill pursuant to United States; but all Duties, Imposts, and Congress has the power to enact this legis- Clause 18 of Section 8 of Article I of the Excises shall be uniform throughout the lation pursuant to the following: United States Constitution. United States. The constitutional authority on which this By Mr. THOMPSON of California: By Mr. FORTENBERRY: bill rests is the power of Congress to make H.R. 848. H.R. 858. rules for the government and regulation of Congress has the power to enact this legis- Congress has the power to enact this legis- the land and naval forces, as enumerated in lation pursuant to the following: lation pursuant to the following: Article I, Section 8, Clause 14 of the United The constitutional authority on which this Article I, Section 8, Clause 1 of the United States Constitution bill rests is the power of Congress to make States Constitution. By Mr. PITTS: laws which shall be necessary and proper for By Mr. JORDAN: H.R. 869. carrying into execution the foregoing pow- H.R. 859. Congress has the power to enact this legis- ers, and all other powers vest by the con- Congress has the power to enact this legis- lation pursuant to the following: stitution in the government of the United lation pursuant to the following: This bill is enacted pursuant to the power States, or in any department or officer Article I, Section 9, Clause 7 granted to Congress under Article I, Section thereof, as enumerated in Article I, Section ‘‘No Money shall be drawn from the Treas- 8 and Article IV, Section 3 of the United 8, Clause 18. ury but in Consequence of Appropriations States Constitution.

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\L27FE7.100 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE February 27, 2013 CONGRESSIONAL RECORD — HOUSE H703

By Mr. CONYERS: H.R. 684: Mr. QUIGLEY, Ms. LORETTA SAN- H.R. 445: Mr. CICILLINE, Mr. DINGELL, and H.R. 870. CHEZ of California, and Mr. DUNCAN of Ten- Mr. PETERS of Michigan. Congress has the power to enact this legis- nessee. H.R. 508: Mr. FINCHER. lation pursuant to the following: H.R. 686: Mr. BRALEY of Iowa. H.R. 523: Mr. GENE GREEN of Texas and Mr. Article 1, Section 8 H.R. 688: Mr. HANNA, Mr. HUNTER, and Ms. PETRI. By Mr. RANGEL: LINDA T. SA´ NCHEZ of California. H.R. 525: Mr. WELCH and Mr. YOUNG of Indi- H.R. 871. H.R. 695: Mr. JOHNSON of Ohio, Mr. STIV- ana. Congress has the power to enact this legis- ERS, Mr. BUCSHON, and Mr. LABRADOR. H.R. 530: Mr. LOEBSACK, Mr. HIGGINS, Mr. lation pursuant to the following: H.R. 699: Ms. ESTY. GRAYSON, and Mr. CROWLEY. To regulate Commerce with Foreign Na- H.R. 712: Mr. GIBSON. H.R. 537: Mr. BLUMENAUER. tions H.R. 719: Mr. MILLER of Florida. H.R. 539: Mr. BARTON. By Mr. RANGEL: H.R. 721: Mr. THOMPSON of Pennsylvania. H.R. 571: Mr. FRANKS of Arizona, Mr. STIV- H.R. 872. H.R. 728: Mr. TAKANO, Mr. POCAN, and Ms. ERS, Mr. GIBBS, and Mr. PASCRELL. Congress has the power to enact this legis- CHU. H.R. 572: Mr. GIBBS, Mr. STIVERS, Mr. PAS- lation pursuant to the following: H.R. 732: Mr. JOHNSON of Ohio, Mr. BUR- CRELL, and Mr. ROONEY. To regulate Commerce with Foreign Na- GESS, Mr. COLLINS of New York, Mr. RENACCI, H.R. 582: Mr. LAMALFA, Mr. PETRI, and Mr. tions Mr. SIMPSON, Mr. ROE of Tennessee, Mr. FOR- CARTER. By Mr. RANGEL: TENBERRY, Mr. KLINE, and Mr. SCHOCK. H.R. 593: Mr. WENSTRUP, Mrs. ROBY, and H.R. 873. H.R. 736: Mr. CAPUANO. Mrs. BLACKBURN. Congress has the power to enact this legis- H.R. 749: Ms. PINGREE of Maine, Mr. HURT, H.R. 596: Mr. DAINES, Ms. TITUS, Mr. GARD- lation pursuant to the following: Mr. YOUNG of Alaska, Mr. LOEBSACK, and Mr. NER, Mr. PERLMUTTER, Mr. PEARCE, and Mr. Article 1, Section 8 PAULSEN. HUFFMAN. To regulate Commerce with Foreign Na- H.R. 755: Mr. PAULSEN, Mr. KLINE, Mr. H.R. 621: Mr. GRAVES of Georgia and Mr. tions OWENS, Mr. ELLISON, and Mr. STIVERS. REED. By Mr. RUNYAN: H.R. 769: Mr. KEATING and Mr. NOLAN. H.R. 627: Mr. ELLISON. H.R. 874. H.R. 780: Mr. CALVERT and Mr. VALADAO. H.R. 629: Mr. AL GREEN of Texas. Congress has the power to enact this legis- H.R. 792: Mr. HECK of Nevada, Mr. JONES, H.R. 634: Mr. OWENS and Mr. FINCHER. lation pursuant to the following: Mr. COFFMAN, and Mr. PITTENGER. H.R. 635: Mr. WALDEN. Article 1, Section 8, Clause 18 of the United H.R. 793: Mr. RANGEL, Ms. ESHOO, Mr. H.R. 641: Mr. PIERLUISI. States Constitution. LOWENTHAL, Mr. FARR, and Mr. HASTINGS of H.R. 649: Ms. CHU, Ms. WILSON of Florida, By Mr. SENSENBRENNER: Florida. Mr. VARGAS, Ms. ROYBAL-ALLARD, Mr. GRI- H.R. 875. H.R. 794: Mr. CONNOLLY. JALVA, and Mr. MCDERMOTT. Congress has the power to enact this legis- H.R. 795: Mr. GOODLATTE and Mr. THORN- H.R. 661: Mr. ELLISON. lation pursuant to the following: BERRY. H.R. 664: Mr. OWENS, Mr. VARGAS, and Mr. Article I, Section 8, Clause 3 of the United H.R. 811: Mr. SERRANO, Mr. MEEKS, and Mr. ISRAEL. States Constitution RANGEL. H.R. 670: Mr. ANDREWS. H.R. 671: Ms. TITUS. By Mr. SIMPSON: H.R. 816: Mr. HECK of Nevada, Mr. SENSEN- H.R. 684: Mr. GRIJALVA and Ms. SCHA- H.R. 876. BRENNER, Mr. FLORES, Mr. KELLY, Mr. ROD- KOWSKY. Congress has the power to enact this legis- NEY DAVIS of Illinois, Mr. HUIZENGA of Michi- H.R. 688: Mr. BRALEY of Iowa, Mr. MILLER lation pursuant to the following: gan, and Mr. COLLINS of New York. of Florida, Mr. HASTINGS of Florida, Mr. ‘‘The constitutional authority of Congress H.J. Res. 20: Mr. TIERNEY. MAFFEI, Mr. DENHAM, Mr. HUIZENGA of Michi- to enact this legislation is provided by Arti- H.J. Res. 21: Mr. TIERNEY. gan, Mr. SERRANO, Mr. ROHRABACHER, and cle I, section 8 of the United States Constitu- H.J. Res. 25: Mr. ELLISON and Mr. TIERNEY. Mr. DINGELL. tion, specifically clause 1 (relating to the H.J. Res. 26: Mr. GOWDY. H.R. 693: Mr. SENSENBRENNER. power of Congress to provide for the general H.J. Res. 31: Ms. TSONGAS and Ms. ESHOO. H.R. 699: Mr. BRADY of Pennsylvania. welfare of the United States) and clause 18 H. Con. Res. 16: Mr. KIND, Mr. ROSKAM, H.R. 719: Mr. MAFFEI. (relating to the power to make all laws nec- Mrs. HARTZLER, Mr. CARNEY, Mrs. LUMMIS, H.R. 730: Mr. GRAVES of Georgia. essary and proper for carrying out the pow- Mr. YOUNG of Alaska, Mr. JOHNSON of Ohio, H.R. 749: Mrs. HARTZLER, Mr. WALBERG, ers vested in Congress), and Article IV, sec- Ms. SCHWARTZ, Mr. GUTHRIE, Mr. DUNCAN of and Mr. PERLMUTTER. tion 3, clause 2 (relating to the power of Con- Tennessee, and Mr. FARENTHOLD. H.R. 755: Mr. TERRY, Mr. HALL, Mr. CAL- gress to dispose of and make all needful rules H. Con. Res. 17: Mr. RICHMOND and Mr. VERT, and Mr. VAN HOLLEN. and regulations respecting the territory or SERRANO. H.R. 756: Mr. THORNBERRY and Mr. STEW- other property belonging to the United H. Res. 19: Mr. MCNERNEY, Mr. DEUTCH, Mr. ARD. States).’’ GARAMENDI, and Mr. CLAY. H.R. 762: Mr. WESTMORELAND, Mr. STIVERS, By Mr. TURNER: H. Res. 36: Mr. MEADOWS, Mr. HUNTER, and and Mr. ROGERS of Michigan. H.R. 877. Mr. MCCLINTOCK. H.R. 763: Mr. DESJARLAIS, Mr. GIBBS, Mr. Congress has the power to enact this legis- H. Res. 69: Ms. WASSERMAN SCHULTZ, Mr. RIBBLE, Mr. LONG, Mr. JONES, Mr. WILSON of lation pursuant to the following: RAHALL, Mr. PETERS of California, and Mr. South Carolina, Mr. SCALISE, Mr. GRIMM, Mr. Article I, Section 8, Clause 1 of the Con- GRAVES of Missouri. POE of Texas, and Mr. PETRI. stitution: The Congress shall have Power to H. Res. 71: Mr. HUIZENGA of Michigan, Mrs. H.R. 766: Mr. CONYERS, Mr. WELCH, Ms. lay and collect Taxes, Duties, Imposts and BUSTOS, and Mr. TERRY. SHEA-PORTER, Mr. ENYART, Ms. CHU, and Mr. Excises, to pay the Debts and provide for the H. Res. 72: Mr. SMITH of Washington. DOGGETT. common Defence and general Welfare of the H. Res. 77: Ms. LOFGREN and Mr. HONDA. H.R. 780: Mr. HUDSON. United States; but all Duties, Imposts and [Submitted February 27, 2013] H.R. 782: Mr. WESTMORELAND and Mr. Excises shall be uniform throughout the H.R. 180: Mr. COOPER. BENTIVOLIO. United States H.R. 183: Mrs. CAROLYN B. MALONEY of New H.R. 792: Mrs. BLACKBURN and Mr. GRIFFITH Mr. PASTOR of Arizona: York and Ms. SHEA-PORTER. of Virginia. H.R. 878. H.R. 281: Ms. MOORE. H.R. 811: Mr. MAFFEI and Mr. CROWLEY. Congress has the power to enact this legis- H.R. 303: Mr. HUNTER, Mr. TIBERI, Mr. H.R. 816: Mr. POE of Texas, Mr. lation pursuant to the following: PIERLUISI, Mr. ELLISON, Mr. MICHAUD, Mr. SOUTHERLAND, Mr. SCHRADER, Mr. YOHO, Mr. Article I, section 8, clause 4 SCHRADER, and Mr. KILMER. STEWART, and Mr. GOHMERT. f H.R. 318: Mr. ROE of Tennessee and Mr. AL H.R. 828: Mr. MCKINLEY, Mrs. BLACK, and GREEN of Texas. Mr. RENACCI. ADDITIONAL SPONSORS H.R. 322: Mrs. NOEM. H.R. 833: Mr. COFFMAN, Mr. PALAZZO, Mr. Under clause 7 of rule XII, sponsors H.R. 324: Mr. AUSTIN SCOTT of Georgia, Mr. GRIMM, Mr. YOUNG of Florida, and Mr. CAL- were added to public bills and resolu- PETRI, and Mrs. HARTZLER. VERT. tions as follows: H.R. 335: Mr. MILLER of Florida, Mr. H.R. 840: Mr. FALEOMAVAEGA. HUFFMAN, and Mr. TIBERI. H.J. Res. 20: Mr. LYNCH and Mr. RYAN of [Omitted from the Record of February 26, 2013] H.R. 351: Mrs. MCMORRIS RODGERS and Mrs. Ohio. H.R. 661: Ms. MOORE and Mr. CA´ RDENAS. NOEM. H.J. Res. 31: Mr. KEATING. H.R. 665: Mr. FALEOMAVAEGA. H.R. 354: Mr. DIAZ-BALART, Mr. RODNEY H. Res. 30: Mr. GARAMENDI, Mr. PAYNE, Mr. H.R. 671: Mr. PAYNE. DAVIS of Illinois, Mr. CARTER, and Ms. MORAN, Mr. COOK, Mr. QUIGLEY, Mr. RICH- H.R. 679: Ms. BORDALLO, Mr. CONNOLLY, Mr. WASSERMAN SCHULTZ. MOND, Ms. BROWNLEY of California, and Mr. COTTON, Mr. HANNA, Mr. KLINE, and Mr. H.R. 375: Mr. OWENS. CROWLEY. LOEBSACK. H.R. 377: Mr. VEASEY, Mr. BERA, Mr. H. Res. 35: Mr. YOUNG of Florida. H.R. 683: Mr. TONKO, Ms. HAHN, Mr. CART- FALEOMAVAEGA, Mrs. KIRKPATRICK, Ms. H. Res. 36: Mr. WHITFIELD and Mr. GRAVES WRIGHT, and Mr. SWALWELL of California. DUCKWORTH, and Mr. HORSFORD. of Georgia.

VerDate Mar 15 2010 02:27 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A27FE7.014 H27FEPT1 pwalker on DSK7TPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, WEDNESDAY, FEBRUARY 27, 2013 No. 28 Senate The Senate met at 10 a.m. and was to the Senate from the President pro I rise today to thank Chaplain Ron- called to order by the Honorable WIL- tempore (Mr. LEAHY.) ald L. Derrick for joining us today to LIAM M. COWAN, a Senator from the The legislative clerk read the fol- offer the Senate’s opening prayer. I am Commonwealth of Massachusetts. lowing letter: honored to have the privilege of wel- U.S. SENATE, coming this esteemed Idahoan to the PRAYER PRESIDENT PRO TEMPORE, U.S. Senate to serve as our guest chap- The PRESIDING OFFICER. Today’s Washington, DC, February 27, 2013. lain. opening prayer will be offered by Rev- To the Senate: Chaplain Derrick, who is joining us erend Ronald Derrick, National Chap- Under the provisions of rule I, paragraph 3, from Rigby, ID, has many years of lain for the American Legion of Rigby, of the Standing Rules of the Senate, I hereby service to our community and our Na- appoint the Honorable WILLIAM M. COWAN, a ID. Senator from the Commonwealth of Massa- tion. He served our Nation in the U.S. The guest Chaplain offered the fol- chusetts, to perform the duties of the Chair. Army from 1966 to 1968. He retired from lowing prayer: PATRICK J. LEAHY, his Bonneville County, ID, job after 23 Let us pray. President pro tempore. years as a printer and mail clerk and Almighty God, thank You for this Mr. COWAN thereupon assumed the he is also a former county coroner, day. Grant us Your presence. We stand chair as Acting President pro tempore. Driggs Chamber of Commerce presi- in a room representing power and au- dent, and volunteer EMT firefighter. In thority given by Your hand. Keep us f 1987, the American Legion recognized mindful that one day we shall stand in RECOGNITION OF THE MAJORITY Chaplain Derrick as Idaho’s firefighter a greater room and give an accounting LEADER of the year. of the decisions made this day. There- Chaplain Derrick was ordained into The ACTING PRESIDENT pro tem- fore, I pray with words that have been the ministry in 1979 through the Solid pore. The majority leader is recog- spoken down through the ages that Rock Pentecostal Church, and he con- nized. You, O Lord, will grant to these leaders tinues to serve in various aspects of of our Nation health, peace, concord, f ministry. Reflecting his long spiritual and stability that they may administer SCHEDULE contributions to the community, he the government without failure. was given the high honor of serving as Direct their counsel according to Mr. REID. Following leader remarks, National Chaplain of the American Le- that which is good and well pleasing in the Senate will be in a period of morn- gion for the 2012–2013 term. Through Your sight. May it be said of them that ing business with the majority control- this position, he performs and oversees they performed the duties of their of- ling the first 30 minutes and the Re- services and provides prayers and guid- fice faithfully and impartially. publicans the final 30 minutes. ance for the Legion’s 2.4 million mem- Bless each individual present here Yesterday, the Finance Committee bers. As a 40-year member of the Amer- today, for by blessing the individual, reported the nomination of Jacob Lew ican Legion, he has a strong connec- You have blessed this Nation. To You to be Treasury Secretary. We hope to tion with his fellow veterans, service- be the glory. reach an agreement to move this nomi- members, and the communities he In Your most Holy Name I pray. nation forward today. serves. In addition to serving as Na- Amen. In addition, I filed cloture on the mo- tional Chaplain, he has served at a f tion to proceed to the American Fam- number of other leadership positions in PLEDGE OF ALLEGIANCE ily Economic Protection Act. If no fur- the American Legion. Truly, his devo- ther consent is reached, that cloture tion to those in his community and his The Honorable WILLIAM M. COWAN led vote will be tomorrow morning. the Pledge of Allegiance, as follows: Nation has touched the lives of many I will now yield to my friend from in civic and spiritual ways. I pledge allegiance to the Flag of the Idaho. Senator CRAPO. United States of America, and to the Repub- Chaplain Derrick has been married The ACTING PRESIDENT pro tem- for 45 years to his wife Bird, who serves lic for which it stands, one nation under God, pore. The Senator from Idaho. indivisible, with liberty and justice for all. as the Department of Idaho Auxiliary f f Chaplain. They have three children: Tim, Andrew, and Dana Sue, and nine APPOINTMENT OF ACTING WELCOMING THE GUEST grandchildren. PRESIDENT PRO TEMPORE CHAPLAIN Chaplain Derrick, thank you for your The PRESIDING OFFICER. The Mr. CRAPO. Thank you, Senator dedication and service and the blessing clerk will please read a communication REID. you are bringing to the Senate today.

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

S881

.

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.000 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S882 CONGRESSIONAL RECORD — SENATE February 27, 2013 This Congress and our Nation have creating hardship for their families and I have had to cut, cut, cut. The least our considerable challenges ahead. These threatening national security. government should do is seriously make challenges require fortitude and under- To make sure everyone understands, cuts. standing. I join you in praying for our this is not President Obama’s seques- And, of course, she is entirely right. country, and greatly value your prayer ter, because 174 House Republicans It is absurd to think the government today and your service. voted for this and 28 Republican Sen- cannot get by with a little more than a The ACTING PRESIDENT pro tem- ators voted for this. That is 60 percent 2-percent reduction in spending when pore. The majority leader. of Republican Senators and 75 percent every working American had to figure f of the House Republicans Members who out how to make do with 2 percent less voted for this. Congress has the power in their paychecks just last month. THE SEQUESTER to avoid these self-inflicted wounds, Some have raised concerns about a Mr. REID. Mr. President, this week, but Democrats can’t do it alone. Re- proposal that would give agency heads Speaker BOEHNER made some harsh ac- publicans must do their part. Com- more discretion in prioritizing these cusations. I will not repeat them here promise is never easy, but surely it is cuts. I understand those concerns, but on the Senate floor. Suffice it to say he better than doing nothing at all. let’s be clear about the goal here. The thinks the Senate isn’t moving quickly f goal isn’t to hand over congressional enough to avert the sequester—the authority, it is to make sure these cuts across-the-board-cuts that will cost RECOGNITION OF THE MINORITY actually happen and that we don’t cut 750,000 Americans their jobs unless LEADER a penny less than we promised the Congress acts and acts quickly. The ACTING PRESIDENT pro tem- American people we would cut a year The Speaker’s charge is really weak pore. The Republican leader is recog- and a half ago. sauce, considering that House Repub- nized. Look, we know most Americans licans spent 2 months refining the art f think Washington’s spending problem of doing nothing. The allegation is THE SEQUESTER should be addressed by cutting spend- stranger still given the Speaker doesn’t ing. So when the President goes off on even have his own proposal to prevent Mr. MCCONNELL. Mr. President, for a campaign for higher taxes instead of the deep cuts that will strike within 2 months now I have been coming to the working with Republicans to replace days. In fact, the House Republicans’ floor to urge my colleagues on the the sequester with smarter cuts, and entire strategy for the Congress is to other side to help us replace the Presi- when Senate Democrats put forward sit on the sidelines. dent’s sequester proposal. Yet here we tax hike gimmicks instead of negoti- And Republicans won’t work with are, just 2 days to go until the cuts hit, ating serious spending-cut solutions, Democrats. The Republicans have and the Democrats who control Wash- Americans feel as though they are not failed to make their own proposals and ington still haven’t put forward a seri- being listened to. refuse to compromise on a balanced ous bipartisan plan—not the President And they have reason to be upset. plan to avoid harsh austerity meas- and not his allies in Congress. They They sent a divided government here ures. Democrats, on the other hand, prefer to keep it alive as a political to Washington, but they expect it to have proposed a balanced solution to issue instead. Now, less than 48 hours work. The President may not like that this sequester—a proposal to reduce before the clock runs out, all we are of- fact. He may wish things were dif- the deficit by making smart spending fered is a gimmicky tax hike that is ferent. But he wasn’t elected to work cuts, closing wasteful tax loopholes, designed to fail. with the Congress he wants, he was and asking multimillionaires to pay a Look, I hope they are not expecting a elected to work with the Congress he little bit more. round of applause for this particular has, and that means working with both We will vote this week on our plan— act of political bravery. Is it any won- parties to get things done. It means a plan supported by three-quarters of der the American people are so fed up leaving the gimmicks behind and work- Americans and almost 60 percent of Re- with Washington? The American people ing with us to hammer out a smarter publicans. But once again, Republicans didn’t send us here to play games, they solution to his sequester. are too busy fighting amongst them- sent us here to solve problems. That Republicans have been calling for selves to unite behind a course of ac- means getting spending under control Democrats to work with us on the se- tion. They are, instead, doing noth- and putting the economy back on quester over and over. We are still ing—zero. track. ready to work with them to get some- Benjamin Franklin once said: The American people are clearly thing responsible passed, but we can’t The man who achieves makes many mis- tired of the gimmicks. I can’t tell you do it alone. The President’s party runs takes, but he never makes the biggest mis- how many letters and e-mails and Washington. It is time they got off the take of all—doing nothing. phone calls I have received about this campaign trail and started working Republicans appear poised to make sequester issue in particular, and the with us to govern for a change. the biggest mistake of all. They are messages my constituents keep sending Mr. President, I yield the floor. prepared to let the sequester’s painful are simply this: Replacing spending arbitrary cuts take effect. cuts that both parties already agreed f Across the country, meat inspectors, to, and to which the President already air traffic controllers, FBI agents, and signed into law, with tax hikes is sim- RESERVATION OF LEADER TIME Border Patrol agents will be furloughed ply unacceptable. and 70,000 boys and girls will be kicked One Kentuckian from Springfield put The ACTING PRESIDENT pro tem- out of Head Start. it this way: pore. Under the previous order, the These cuts will not be felt in the next Hold strong and do not give in to more leadership time is reserved. few days, but they will start quickly, spending . . . Normal folks must adjust their Lord knows. The notices that go out in budgets . . . so must the government. f 90 days will cut off all contractual pay- Another constituent said it was im- ments to whoever gets a warning no- portant to stand firm in the face of the MORNING BUSINESS tice. So within a matter of weeks, we President’s endless campaigning. The ACTING PRESIDENT pro tem- are going to feel these cuts and feel ‘‘Make him keep his promise of a bal- pore. Under the previous order, the them really painfully. anced approach,’’ she wrote, and that Senate will be in a period of morning As I said, 70,000 boys and girls will be means one thing: ‘‘Cut spending.’’ business for 1 hour, with Senators per- kicked out of Head Start, thousands of A woman from Bowling Green urged mitted to speak therein for up to 10 researchers working to cure diseases me to ‘‘hold firm against spending and minutes each, with the time equally di- such as cancer, Alzheimer’s, and other kicking the can down the road.’’ vided and controlled between the two dread diseases will be laid off, hundreds She wants me to hold firm against leaders or their designees, with the ma- of thousands of Defense Department that—spending and kicking the can jority controlling the first half. employees will take forced furloughs, down the road. She said: The Senator from Maryland.

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.001 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S883 SEQUESTER IMPACT One of the ways we can honor this The ACTING PRESIDENT pro tem- Ms. MIKULSKI. Mr. President, today man is to get serious about our appro- pore. The Senator from Louisiana. I rise to speak on the impact of seques- priations process. I wish to cancel the Ms. LANDRIEU. Mr. President, I ap- ter on the American people, on their sequester and come up with a balanced preciate—and we all do—all the Sen- safety, their security, our economy, solution of revenues and strategic, tar- ators, even Senators on the other side and the way local and State govern- geted cuts, not across-the-board cuts to of the aisle I think admire her tenacity and her leadership and, most impor- ments can use wise resources to pro- 1,300 correctional guards who might tantly, her knowledge and under- tect their people. face layoffs. I know we have each been assigned 10 About our Federal prosecutors. We in standing of the importance of the Fed- minutes. I have a robust number of Ap- Maryland have one of the best U.S. at- eral budget on the private sector econ- omy. Obviously, the Senator from propriations Committee members who torneys going after violent gangs, drug Maryland understands its impacts on want to speak. I will ask the Chair to cartels, child predators, mortgage Maryland, but she also understands the let me know when I have used 5 min- frauds. But we are going to say to those smart lawyers who can make impacts to our Nation. utes, and if Senator LANDRIEU arrives, No one speaks more passionately and I will then yield to her. megabucks in law firms, stick with us. But when you do, you can be laid off more knowledgeably about the chal- The ACTING PRESIDENT pro tem- lenges before families than Senator pore. The Senator will be so notified. and furloughed. Why is it that the BARBARA MIKULSKI from Maryland, Ms. MIKULSKI. I come today not criminals are able to hire the lawyers, from a working-class family herself. only as the chair of the entire Appro- but the Federal Government doesn’t Her parents and grandparents, immi- priations Committee but as the chair want to pay for them? Priorities. grants to this country, operating a We need to be able to have the right of the subcommittee that funds the small business, a bakery—a wonderful law enforcement at the Federal and Commerce Department, Justice De- business—not only understanding how State level to catch the bad guys, partment, and the majority of our to run their own business themselves whether it is white-collar crime, such science agencies. but for all the neighbors who came in I wish to talk about the impact on as mortgage fraud, or street crime, or every day to talk about their problems. public safety and our future, but you despicable crimes such as trafficking in When the Senator says she knows have to know I come with a heavy women and children. what families do in tight budget times, heart. We have to look out for our FBI, our she is correct. Families do cut back, I note and bring to the attention of major force in counterterrorism. They but they plan their reductions. They my colleagues that a guard was killed face, again, layoffs, and it will go to don’t pull the rug out from underneath in a Federal prison on Monday. This our local law enforcement. We will be the college tuition for their kids. They guard worked at the Federal peniten- cutting the funds for things such as the don’t kick grandma out on the street tiary in Canaan, PA. He was stabbed Byrne grants, which enable local law and put her in a homeless shelter. They and attacked by a prisoner with home- enforcement to put cops on the beat make smart decisions about budgets. made weapons. The entire Justice De- and buy the equipment they need to Let me say to my colleagues on the partment, the Office of Prisons, the protect themselves. There is a program other side who fail to understand the union people who represent them, all here that we have a line item. It is not other part of the equation, they also mourn at Mr. Eric Williams’ death. We the biggest thing in the Federal budg- try to bring in more revenue to the don’t know the full extent, and I will et, but it is the biggest thing to cops. family base. Either the wife gets a job be asking for a report on the investiga- Why? Because it buys bulletproof vests. or the husband gets a job or the wife tion on how this happened. But one of The ACTING PRESIDENT pro tem- goes back to school to get a nursing de- the things I do know as the chair of the pore. I advise the Senator she has con- gree so instead of making $6 an hour, committee, we face prison over- sumed 5 minutes. she can bring in $16 or $18 an hour. crowding. We have Federal prisons, Ms. MIKULSKI. I could talk another Families work on both sides of the some we don’t even open because we 55. I could talk another 505. But I want equation. But for some reason, we have refuse to put the money in. everyone to get the point that cuts half this Chamber that only wants to You can say: Well, Senator BARB, you have consequences. So things such as, work on one side of the equation. It is are on the committee. Why don’t you oh, why don’t we cut the budget as only about cuts, cuts, and more cuts, put the money in? We are in gridlock, families do—well, let’s do what fami- even though they are senseless, they deadlock, hammerlock on not being lies do. They, first of all, make plans are dangerous, they do not make sense able to move our bills in regular order and stick to them. I think it is time we for our country, and they most cer- with due diligence and oversight. That have a regular order. tainly don’t just impact the govern- is why we are at this crisis of seques- I want to deal with this sequester ment—of course, which is the enemy of ter: Oh, boy. Can’t we just cut 2 per- now. I want to look at this thing called the other side—they impact our econ- cent like American families? the continuing resolution so it resolves omy. They impact our ability to grow American families don’t run prisons. the funding for fiscal 2013, for fiscal this economy. Every cut that comes They don’t build their own roads. They 2014, to work on a bipartisan basis down in a senseless way, and even cuts don’t have to put out their own local across the aisle and across the dome. that are planned, are harmful to the police department. They depend on Let’s look at our spending, how we pro- private sector. their government to do that. They are tect the American people, and make I know this not only as a Senator willing to expend revenue, pay taxes so public investments that help create from Louisiana and chair of the Home- they are protected. There are reasons jobs today and jobs tomorrow. land Security Committee but particu- people are in Federal prison. They were In conclusion, before I turn to my larly as chair of the Small Business bad guys and gals who did bad things, most able subcommittee chair on Committee. Our phone has been ringing and when they are in prison, they still Homeland Security, Senator LANDRIEU, off the hook with small businesses—not want to do bad things, such as attack a I just wish to say to the family of Offi- government workers but private sector prison guard. Do you know what se- cer Eric Williams, the entire Senate workers and contractors—that are quester will mean? Across-the-board wishes to express its condolences to the afraid, and have every reason to be, cuts. It will have a direct impact on family. I believe we can show our deep- about the results of this sequester to America’s prisons. est sympathy by making sure it their bottom line because they are pro- Oh, sure. The prisoners will still have doesn’t happen in our Federal prisons. viding the government a good service their food. They will still have their Let’s get on and solve the problem of or a product the government needs, hour to be able to do their exercise. sequester. Let’s work together and get whether it is in health care, whether it But the prison guards will face fur- the job done. is in education or whether it is in loughs, layoffs, and even reductions in I yield to Senator LANDRIEU, the homeland security. But I digress a lit- the workforce. We are placing them at chair of the Subcommittee on Home- tle bit. So let me get back to the cen- risk while they protect us from risk. land Security, a very crucial com- tral message as chair of Homeland Se- Where are our national priorities? mittee. curity.

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.003 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S884 CONGRESSIONAL RECORD — SENATE February 27, 2013 I rise to speak in opposition to the els since Eisenhower. I said 16 percent. preparing her agency for difficult damaging sequester that is scheduled My notes say 15.1 percent. So let me tasks. to take effect this Friday. There is no correct myself. I didn’t realize it was There being no objection, the mate- question Congress must act to reduce that low. I thought it was 16.7. rial was ordered to be printed in the our annual deficits—must continue to So while I support cuts—and have RECORD, as follows: act. Let me underline ‘‘continue.’’ We supported them in the past and con- U.S. DEPARTMENT OF have been reducing spending. We have tinue to try to find them in my own HOMELAND SECURITY, set targets of spending lower than what budget, $42 billion for Homeland Secu- Washington, DC, February 26,2013. would have normally been set because rity—we must have a balance. Hon. MARY L. LANDRIEU, Chairman, we are tightening our belts. We were This sequester that is going to go Subcommittee on Homeland Security Appropria- into effect in Louisiana will cost us tions, U.S. Senate, Washington, DC. trying to tighten our belts even at a DEAR CHAIRMAN LANDRIEU: Thank you for time when the economy was shrinking. $15.8 million in funding for primary and your comments during the Senate Appro- Most economists will tell us that in secondary education. Early Head Start priations Committee’s February 14, 2013, times of economic constriction, gov- services will be cut to over 1,400 chil- hearing on sequestration. I share your deep ernments need to spend more money to dren who desperately need a better concerns and wanted to follow up on your re- try to prime the pump to get the coun- start in life. Our ability to develop oil quest to identify impacts to our Nation’s try moving in the right direction. The and gas will slow down due to Interior economy and international trade activities that this unprecedented budget reduction to President has led in this direction. We Department cuts. Louisiana’s Depart- ment of Defense civilian employees— the Department of Homeland Security (DHS) have helped to follow his lead; there- would have. fore, avoiding the worsening of a de- over 7,000—will be furloughed, costing Sequestration would have significant im- pression and a recession. Louisiana residents $36 million in gross pacts on our economy, including travel, But contrary to the evidence all over pay. tourism and trade. Reductions mandated the place that this is working, the As chairman of the committee, I am under sequestration would require furloughs other side is going to ratchet it down asking for the Senate to consider the and reduced staffing at our Nation’s ports of with these senseless reductions—and impacts of these cuts on securing our entry and airport security checkpoints, even well-planned reductions at this homeland. We have made a tremendous which would have serious consequences to amount of progress. We have avoided the flow of trade and travel throughout the point are very difficult—and rejecting country. a balanced approach which Democrats attacks, and some have been very close Trade and travel is absolutely essential to have called for. Most independent ob- calls. This is not done because of a our economy. According to the U.S. Travel servers understand we have to have an wish and a prayer. This is done because Association, one new American job is created increase of revenues coming in because of smart research, investing in border for every 33 travelers arriving from overseas. we are at the lowest level to the GDP security, investing in cybersecurity, DHS’s U.S. Customs and Border Protection since Eisenhower was President and investing in training of local police of- (CBP) staff and operate 329 ports of entry ficers who can identify threats on the across the country, welcoming travelers and some continued reductions. But they facilitating the flow of goods essential to our are rejecting that and going cuts only, ground, whether it is in New York or economy. Each day, almost one million peo- cuts only. They said: We raised reve- Baton Rouge or New Orleans. We have ple arrive at these ports of entry by land, nues. That is it. We raised $600 billion. avoided some attacks. As the Senator sea, and air. In Fiscal Year 2012 alone, DHS We can’t go any more. I am here to tell from Washington State knows, this processed more than 350 million travelers, you, we have to go a little bit more, does not just happen by magic. This including more than 98 million international and the sooner we do that, the better happens because we are making invest- air travelers as well as $2.3 trillion worth of we are going to be. ments in people, in their training. This trade. is at risk today. The automatic budget reductions that There are people who make over $1 could be implemented on March 1, 2013 would million in this country or companies The sequester would effectively de- be disruptive and destructive to our Nation’s that are enjoying loopholes they crease the number of Border Patrol security and economy. At major gateway shouldn’t be enjoying at the expense of agents by 5,000. airports average wait times will increase by the middle class and at the expense of I wish to make a statement and ask 30–50%. At our busiest airports, such as John the economic growth potential of this for 2 more minutes. I understand the F. Kennedy International, Los Angeles Inter- country, which is substantial, contrary Senator from Arizona, Mr. MCCAIN, and national, and Chicago O’Hare, peak wait to the laments on the other side of this the Senator from South Carolina, times could grow to over four hours or more during the summer travel season. Such aisle that the sky is falling. LINDSEY GRAHAM, met with the Presi- dent to talk about immigration reform. delays would affect air travel significantly, Every businessperson I talk to says: potentially causing thousands of passengers You know what, Senator. There is such I am very glad we may make some to miss flights with economic consequences promise out there. This energy indus- progress on bipartisan support for im- at the local, national, and international lev- try is getting ready to boom. Natural migration reform. Clearly, the country els. New flights that bring in hundreds of gas is a great blessing to our Nation. is asking for it, the business commu- millions of dollars to the U.S. economy But we may not experience any of that nity needs it, our agricultural sector would be delayed or potentially denied due because we can’t get 5 cents to invest needs it, and the Latino population de- to reduced staffing. serves it. But are we going to try to do Sequestration will also impact our Na- in an airport or dredge one of the bay- tion’s land borders. For example, daily peak ous or rivers in my State because of education reform on a reduced budget wait times at the El Paso Bridge of the the tightening down of these spending in Homeland Security? What do they Americas would increase from one hour to cuts. expect us to do in a Homeland Security over three hours. Peak wait times at the The other side of the aisle, despite budget without giving us some addi- Port of Buffalo Lewiston Bridge would in- the mounting evidence, continues to tional resources to hire the additional crease by nearly six hours, significantly argue against any revenues. Their cuts- judges who are going to be needed, the slowing travel across the northern border. only approach, cut it all, cut it now; additional patrols, et cetera? So I ask Midsize and smaller ports would experience constrained hours of operation, affecting don’t worry about what you cut, just Senator MCCAIN, how are we going to local cross-border communities. cut it, is not going to lead this country afford this in the Homeland Security At our seaports, delays in container exami- to economic prosperity. budget? I look forward to having that nations would increase to up to five days, re- The reality is our deficit reduction so discussion with him. On cyber security, sulting in increased costs to the trade com- far has been completely lopsided: 72 the sequester would delay for a year munity and reduced availability of consumer percent has come from spending cuts, the ability of the Department of Home- goods and raw materials. At cruise termi- only 28 percent from revenues. It is not land Security to deploy technology to nals, processing times could increase to up balanced, and we have to find a bal- protect our Federal computer systems to six hours, causing passengers to miss con- ance. We have already cut $1.5 trillion from attack. necting flights, delaying trips, and increas- ing costs. from discretionary spending over 10 In the last minute I have, I ask unan- Last year, the Transportation Security Ad- years. In recent years, revenues coming imous consent to have printed in the ministration (TSA) screened approximately in to the Federal Government as a per- RECORD a letter we received this morn- 640 million people and their carry-on items centage of GDP were at the lowest lev- ing from Secretary Napolitano, who is at checkpoints, and more than 426 million

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.005 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S885 checked bags. DHS also screened over 629 Mr. REED. Madam President, I rise sures and cutbacks will certainly affect million pounds of cargo with TSA propri- as chairman of the Interior Appropria- the bottom line of communities across etary canine teams. Sequestration would re- tions Subcommittee to highlight the this Nation if fewer families are able to quire TSA to reduce overtime and not back- urgency and importance of addressing visit and enjoy our Federal lands and fill vacant Transportation Security Officer positions, leading to increases in airline pas- sequestration. These imminent cuts our national forests. senger wait times by as much as an hour dur- will have real impacts on the environ- Sequestration will also impact pro- ing peak travel periods at our Nation’s larg- ment and on thousands of jobs related grams that generate revenue for the est and busiest airports. to infrastructure investment and envi- Federal Government. The Interior De- Additional effects of sequestration would ronmental protection. partment oversees onshore and offshore be felt by the American public from reduc- The reductions required by seques- energy development and expects those tions to U.S. Coast Guard (USCG) fisheries tration will also come on top of other activities will be slowed dramatically. law enforcement, aids to navigation, and deep cuts these programs have already The trial for the 2010 Gulf of Mexico other important activities that help ensure oil spill—and my colleague from Lou- the safe flow of commerce along U.S. water- absorbed over the last 2 years. Even ways and the protection of natural re- though Interior bill programs make up isiana was so effective and so critical sources. These reductions will impact the less than 3 percent of total Federal dis- to the response of the Federal Govern- Coast Guard’s ability to respond to issues cretionary spending, we have already ment for her home State of Louisiana impacting the U.S. Marine Transportation seen more than $2 billion in cuts to en- and the whole gulf coast—that started System that generates more than $3.2 tril- vironmental programs over the past 2 on Monday is an important reminder of lion of total economic activity, moves 78% of years. If sequestration moves forward, how critical these activities are to pre- foreign trade, and sustains over 13 million it will mean an additional $1.6 billion venting these disasters rather than jobs each year. USCG also will have to re- somehow try to recoup losses after the duce its patrols of the 3.4 million square mile in across-the-board cuts to the Interior U.S. Exclusive Economic Zone—impacting bill. fact. Yet the Department will be forced fisheries enforcement and resulting in more We have already been forced to take to furlough employees who conduct incursions by foreign vessels, exploiting our $1 billion out of water infrastructure lease sales, issue permits for new devel- natural resources. Reduced Coast Guard funding. Under sequestration, EPA’s opment, conduct environmental re- presence protecting the U.S. fishing industry State Clean Water and Drinking Water views, and inspect operations. That is would impact an industry which generates Revolving Fund Programs will lose an- no way to run a railroad or a national $32 billion in income and supports over one other $130 million. In addition to po- Department of Interior. million jobs annually. tential public health impacts, these These cuts could result in 300 fewer The Department appreciates the strong onshore oil and gas leases in Western support it has received from Congress over cuts will mean 7,000 fewer construction the past 10 years. As we approach March 1, I jobs at a time we need to put more peo- States and processing delays for the 550 urge Congress to act to prevent sequestra- ple to work. These cuts will be made offshore exploration and development tion and ensure that DHS can continue to worse by more than $50 million in addi- plans expected this year. Companies meet evolving threats and maintain the se- tional reductions to grants that help may decide that development is not curity of our Nation and citizens. Should you States run their environmental agen- worth it because of the uncertainty, have any questions or concerns at any time, cies, including supporting clean water which will lead to less production and please do not hesitate to contact me at (202) programs. The consequences will fall smaller royalties for the Treasury. In 282–8203. other words, the cuts required by se- Yours very truly, squarely on communities such as those . in my home State of Rhode Island that questration could actually end up cost- ing the government money rather than Ms. LANDRIEU. I ask for 30 seconds are already struggling to keep pace saving money and could take away to complete my remarks. with their infrastructure needs. Just as we cannot place the burden of from the developing ability of the The PRESIDING OFFICER (Ms. our Nation’s growing financial debt on United States to become more and HEITKAMP). Without objection, it is so our children, we cannot place the bur- more energy independent through pro- ordered. den of repairing our failing infrastruc- duction within the country rather than Ms. LANDRIEU. One of the issues I ture on the next generation also. We buying petrochemicals and petroleum have been very focused on is inter- have immediate needs that require im- products from overseas. national travel. I do not have the time mediate investment. The sequester is a real problem for to go into the details. It is an impor- I am also concerned about cuts to our environmental programs in the Inte- tant industry for our country, not just Nation’s land management agencies, rior bill and throughout nearly all gov- for Louisiana and New Orleans, which including the National Park Service, ernment programs. But there are ways are way up on the list of places people which is slated for $130 million in cuts. to prevent this meat-ax approach to want to come. The travel industry is Sequestration will affect all 398 of our addressing the budget. Indeed, Demo- important. national parks, from the largest to the crats have put forward a specific and Last week Roger Dow said: smallest. It means fewer seasonal per- clear plan—half cuts and half revenue— Travel has led the nation’s economic re- sonnel to assist visitors, which means to replace the sequester. Simply, we covery—generating more than 50 percent of fewer jobs. It also means fewer visitor have put a plan forward that puts jobs all jobs created since the beginning of the re- cession. The indiscriminate sequester cuts services, more facility closures, and first by cutting specific wasteful spend- threaten to derail travel-led recovery. These less upkeep and maintenance of our ing and closing dubious tax loopholes. across-the-board cuts may punish travelers Nation’s premier public lands. This bill gives the economy more with flight delays, long security lines at These cuts are obviously bad news for breathing room by offsetting the se- [TSA] checkpoints and multi-hour waits to the millions of people who visit our na- quester with smart policies that should clear Customs and Border Protection. tional parks every year, but it is worth be enacted even if there were no threat This is not a time to cut back on in- pointing out that these cuts are also of sequester. vestments we have made in increasing bad news for local economies that de- Let’s be clear what is at stake. The travel, 10 years after 9/11 ground this pend on national parks. Nationwide, Director of the nonpartisan Congres- industry to a halt. Now is not the time parks support more than 250,000 private sional Budget Office recently testified to put up a yellow light or a red light, sector jobs and contribute almost $13 that the 2013 sequester will result in and that is what the sequester is going billion annually to local economies. 750,000 lost jobs and a 0.6-percent reduc- to do—it is going to be blinking yellow Even Roger Williams National Memo- tion in GDP for 2013. Lost jobs and at a time when we need green all the rial in my home State of Rhode Island lower growth—that is what sequester is way. attracted nearly 51,000 visitors in 2011, going to produce. I don’t think the peo- We need to find a way to break with nonlocal visitors adding more ple of Rhode Island or anyone else in through. This Senator is willing to than $3.2 million to the local economy. the United States wants to have Con- compromise. The Roger Williams National Memorial gress support policies that mean fewer I yield the floor. is one of the smallest of our national jobs. We have a crisis in Rhode Island, The PRESIDING OFFICER. The Sen- parks. Even this small park is a major a jobs crisis that should be addressed ator from Rhode Island. factor in my community. These clo- before anything else.

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.002 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S886 CONGRESSIONAL RECORD — SENATE February 27, 2013 We hear from the other side of the Mrs. MURRAY. How much time re- spending cuts, and half of it with rev- Capitol that we must have a sequester mains on our side? enue from those who can afford it to address the budget. But over the last The PRESIDING OFFICER. The ma- most. few years, as my colleagues have point- jority has 2 minutes remaining. Our bill calls on the wealthiest ed out, we have slashed the deficit by Mrs. MURRAY. Madam President, I Americans to pay at least the same $2.4 trillion over the next 10 years. The have come today to join the other Ap- marginal tax rate on their income as bulk of that reduction, $1.7 trillion, has propriations subcommittee chairs to middle-class families pay, and would come through spending cuts. We have really implore the Senate and this eliminate needless tax breaks for oil been cutting. Indeed, my Republican country to take a look at what will and gas companies and companies ship- colleagues have repeatedly held the happen if sequestration occurs. ping jobs overseas. economy hostage in order to cut spend- In just one day, unless Republicans At the same time, it would make re- ing that benefits the vast majority of drop their opposition to our com- sponsible cuts. Americans and protect tax cuts that promise bill, sequestration will be a re- Our bill would eliminate direct pay- benefit the wealthy few. That is not ality. ments to farmers that have been paid economically efficient, and that is not Now, we have heard from a wide out even during good times, and for fair. range of economists and other experts crops farmers were not even growing. We see the results in my home State about how harmful these cuts will be And as the drawdown from Afghani- of Rhode Island—a 10.2-percent unem- to our economy. They will hurt job cre- stan is completed, our bill will make ployment rate. That is unacceptably ation, reduce our economic growth, and adjustments to our military that are in high. And 12.3 million Americans impact the most vulnerable among us. line with a strong 21st century strat- across the country are still unem- According to HUD, the cuts required egy. ployed. This Republican agenda of pro- under sequestration would put 125,000 This legislation meets Republicans tecting the wealthiest and not invest- tenants at immediate risk of losing halfway. ing in job creation is out of step with their housing vouchers, leaving low-in- It would protect the families and the majority of Americans. Most Amer- come residents facing higher rents, communities we represent from slower icans would prefer right now that we eviction or homelessness. economic growth, fewer jobs, and address the jobs crisis. And by the way, At the same time, communities weakened national defense. more people working means we also ad- would be left with fewer ways to help And it would allow us to move past dress the deficit. They pay taxes, they the homeless. sequestration, towards working on a don’t qualify for unemployment insur- In fact, the cuts would place formerly fair, comprehensive budget deal that ance, and they don’t apply for other homeless people back on the streets, provides certainty for American fami- programs. That is the smart way and since HUD estimates that the cuts lies and businesses. the way we should deal, at least in would threaten housing or access to So I would like to ask my Republican part, with our deficit problem. emergency shelter for 100,000 people. colleagues to seriously consider our We should not be jeopardizing our Sequestration will also disrupt some proposal. economy. We should not be allowing of the most fundamental work of our The American people want a bal- these loopholes to exist that allow government, such as its management anced deal. Let’s deliver. multinational corporations to ship our of the air transportation system. We have heard people talk about job jobs overseas. We should not let these Every year, U.S. airlines carry hun- creation being impacted, reducing our loopholes that give benefits to oil and dreds of millions of passengers, many economic growth, impacting the most gas companies that are recording his- of them travelling for business or tour- vulnerable among us. In my sub- toric profits linger, all ultimately at ism. And our aviation system carries committee that oversees transpor- the expense of investing in programs freight valued at hundreds of millions tation and housing, we are going to see like those that will put Americans to of dollars every year. incredible impacts. HUD housing would work in the parks and rebuilding our This is possible because the FAA is a have to put 125,000 tenants at imme- infrastructure across America. More world leader in managing air traffic diate risk of losing their housing austerity—and that is what this se- and protecting the safety of our skies. vouchers and putting them back on the These cuts will force them to fur- quester is all about, especially in the streets at a time when we are just lough their entire workforce, including form of these reckless cuts—will hurt starting to really focus on our veterans each and every air traffic controller the economy. We should instead be and that growing number of veterans working to create jobs. and safety inspector. who are on our streets and making an We should also recall that we are With these furloughs, we can expect impact across the spectrum. We will here today as a legacy of the Repub- that every FAA facility and every air lican brinkmanship of threatening to traffic control tower will be short- see a huge impact on housing. On the transportation side, every sec- allow the United States to default on staffed every day of the week through tor we oversee will be impacted. We its national debt. That is why we are the rest of this fiscal year. here. Let’s not forget that. The seques- In order to protect the safety of our have heard a lot of talk about our U.S. ter was a means to avoid what would skies, they will be forced to reduce the airlines. They carry hundreds of mil- have been a catastrophic default. level of air traffic. lions of passengers every year. It is a Now we have the opportunity to For these reasons and so many more, huge impact on our economy. Our FAA change course, to invest in our people sequestration is the wrong answer to is a world leader in managing air traf- and invest in growth and do it in a bal- the fiscal challenges facing the coun- fic and protecting the safety of our anced way. We cannot cut our way to try. skies. These cuts will force the FAA to prosperity. The President said that. The cuts will hurt the most vulner- literally furlough every single em- These contractionary policies—this able in our society, and it will hurt our ployee and impact our air traffic con- austerity the Republicans are urging ability to compete in the global econ- trol and safety systems. upon us—will reduce economic growth omy. It does not have to be this way. The at a time we need to expand economic There is no question that we must Senate majority has put forward a very growth, not only to create jobs but to address our deficit, but we must be balanced approach to replace seques- truly address the deficit in a respon- smart about how we do it. ter, and in the longer term, as budget sible, reasonable way. We have come That is why Democrats have put for- chair, we are working now to bring to through the threat of default on the ward a credible, responsible plan to re- the Senate a 10-year budget plan that debt with severe and unbalanced spend- place sequestration. will replace sequestration in a respon- ing cuts. Now is the time to have a bal- Our legislation builds on the prece- sible way, work us to a manageable anced approach. I urge that this bal- dent set in the year-end deal, and it is debt and deficit, and invest in our anced approach be adopted quickly. in line with the balanced approach the country again so we can grow. Let’s get I yield the floor. American people favor. out of this crisis-management mode, The PRESIDING OFFICER. The Sen- It would replace half of the first year pass a replacement to sequestration in ator from Washington. of sequestration with responsible the short term that we have offered,

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.019 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S887 and get back to the regular order in day, now is not the time to cut these wide is particularly worrisome for vet- the Senate. That means our country programs. Other funds to help victims erans of the Iraq and Afghanistan wars, can get back to managing their fami- of drought, famine, and extremist vio- who already face higher unemployment lies and their businesses and commu- lence in Mali, Somalia, and Sudan, and rates than the general population. Ac- nities in a responsible way. We can do to prevent those crises from getting cording to the Bureau of Labor Statis- that by voting to put in place our re- worse, will also be cut. tics, veterans of these two wars are placement. I urge our colleagues to do These are just a few examples of the dealing with an unemployment rate of that tomorrow morning when we have real world consequences, not only for 11.7 percent, compared to a national a chance to vote on that. the people of those countries but for unemployment rate of 7.9 percent. The Mr. LEAHY. Mr. President, I want to the security of the United States. Peo- employment picture for Iraq and Af- thank the Senator from Maryland and ple need to know what is at stake. ghanistan-era women veterans is even commend the very energetic way she As has been pointed out repeatedly, bleaker: 17.1 percent compared to a na- has taken on her new responsibilities sequestration was included in the tional unemployment rate for women as Chairwoman of the Appropriations Budget Control Act as an incentive to of 7.4 percent. Furloughs, layoffs, and Committee. She has played a leading negotiate. The idea was that it would civilian hiring freezes have the poten- role in educating other Senators and have such catastrophic consequences tial to make a bad problem far worse the American people about the real im- that rational minds would replace it for these veterans. pacts of sequestration. with a thoughtful and balanced ap- So yes, the VA is spared a direct hit While most of the media has focused proach to deficit reduction. from the budget axe triggered by the on the projected consequences for pro- That has not happened. To the con- sequester, but veterans are not. grams and jobs here at home, there are trary, just days before the sequester is Another impact of the sequester that also consequences for the budget of the to take effect our friends in the minor- will be felt across this country is fund- Department of State and foreign oper- ity party whose only answer is to slash ing for military construction, which is ations, which is directly related to the government programs and particularly poised to lose more than $1 billion as a national security of the United States. those that help the neediest, have ap- result of sequestration. Like other It might interest people to know that parently decided that sequestration is agencies, the Defense Department does the entire Department of State and for- not so bad after all. not have the flexibility to choose eign operations budget amounts to one MILITARY CONSTRUCTION AND VETERANS where to cut military construction percent of the Federal budget, not the PROGRAMS every single project planned for con- 15 or 20 percent many mistakenly be- Mr. JOHNSON. Mr. President, I struction in fiscal year 2013 will be lieve. thank Chairwoman MIKULSKI for orga- forced to take a funding cut of approxi- That one percent is what we have to nizing this colloquy among Appropria- mately 9 percent. operate our embassies and consulates tions Subcommittee Chairs regarding The fiscal year 2013 program com- in over 290 countries, to process visas, the real consequences of the upcoming prises more than 250 military construc- carry out diplomacy, respond to hu- sequester on this Nation. tion projects in 42 states, the District manitarian crises, and build alliances Fortunately, America’s veterans are of Columbia and overseas. As a result with security and trading partners. spared from the direct impact of the se- of sequestration, every one of those There are dozens of examples of how se- quester, as all programs funded projects will have to be reassessed to questration would harm these efforts, through the Department of Veterans determine if it can be executed at the but I will mention just three: Affairs are exempt. Veterans hospitals lower funding level, or if it will need to Cuts in diplomatic security at a time and clinics will continue to operate be delayed or cancelled. The Defense when everyone agrees we need to do normally, veterans benefits will be Department can shift funding from one more to protect our Foreign Service processed and paid, and other veterans project to another through a congres- Officers overseas. Funding for local services will continue uninterrupted. sional reprogramming, but that means guards, diplomatic security personnel, But make no mistake about it; vet- the Department will be the sole arbiter and embassy security would be reduced erans are no more immune than any of choosing winners and losers among by $181 million from the current level. other American from the collateral the projects that Congress has already This would force the Department of damage that these senseless automatic authorized. Moreover, reprogramming State to choose between reducing the spending cuts will inflict. Bear in mind actions are time consuming and labor number of local guards at overseas that veterans are parents and teachers, intensive, and at a time when the De- posts, delaying maintenance at exist- firefighters and law enforcement offi- partment will be understaffed due to ing facilities, or postponing construc- cers, border patrol agents and small furloughs and a hiring freeze, the like- tion of secure facilities to replace business owners. A large number of ci- lihood of delays or deferrals of military those that do not meet current safety vilian jobs at the Departments of De- construction projects is high. Not only standards at a time of increasing at- fense and Homeland Security, among does this affect mission critical and tacks against U.S. overseas diplomatic other federal agencies, are held by vet- quality of life projects on military in- posts. erans. In fact, veterans comprise 44 stallations, but it also impacts the Global Health programs that prevent percent of the Defense Department’s ci- local construction industry, and thus the spread of AIDS and pay for vac- vilian workforce. Veterans are subject the local economy, in hundreds of com- cines for children, women’s health, and to the same risk as any other govern- munities throughout the Nation. to combat malaria and tuberculosis, ment employee of being furloughed or Carpet bombing the federal budget would be cut by $468 million from the laid off because of the sequester, and with across-the-board spending cuts is current level. veteran-owned businesses face the neither wise nor prudent. It’s about as A reduction of this size would end same risk as any other small business smart as a surgeon performing heart life-saving drugs to more than 165,000 of losing crucial government contracts. surgery with an axe. There will be cas- people infected with the AIDS virus. It This is not some abstract inside-the ualties, and veterans and military fam- would result in thousands more deaths beltway issue. Eighty-six percent of ilies will be among those casualties. from malaria. Tens of thousands of the Defense Department’s civilian Mr. President, I yield the floor. people infected with TB will not re- workforce resides outside of the Wash- Ms. MIKULSKI. Mr. President, I ceive treatment. And the health of mil- ington metropolitan area. In my home thank my colleague from South Da- lions of Americans who travel, study, state of South Dakota, approximately kota, the Chairman of the Military work, and serve in our Armed Forces 1,000 Defense Department civilian em- Construction and Veterans Affairs Sub- around the world would be put at ployees are slated to be furloughed, re- committee, for presenting a stark and greater risk. ducing gross pay by about $6.3 million. compelling explanation of the impact Funding for disaster and refugee aid This loss in income will surely rever- of sequestration on veterans and mili- would be cut by $156 million from the berate throughout the local economy. tary installations, and the con- current levels. With 750,000 Syrian refu- The ripple effect of the sequester on sequences these ill-advised budget cuts gees and 5,000 fleeing the country each the economy and job market nation- will have on local communities.

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.020 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S888 CONGRESSIONAL RECORD — SENATE February 27, 2013 I am particularly troubled by the im- to manufacture critical nuclear weap- try and the world, and allow no, or pact these cuts could have on Iraq and ons components, result in furloughs very few, new awards to advance high Afghanistan war veterans who are al- and/or lay-offs of up to 5,000 contrac- performance computing to stay ahead ready struggling to find jobs, many of tors at the eight NNSA sites across the of Chinese competition and develop the whom are also coping with combat-re- country, and reduce oversight of NNSA next generation system, known as lated physical and mental health nuclear facilities resulting in less fre- exascale, before the U.S. reaches the issues. The unemployment rate among quent and thorough audits and evalua- limits of current technology. women veterans is truly shocking. tions of security at the sites. This These cuts would come at a time These brave Americans have served on would come at a time when security when many other countries are making the frontlines of our war on terrorism, lapses have occurred at a major site significant investments in energy re- and they should not be subject on their storing nuclear weapons materials. search and development. Many experts return home to a manufactured budget Ms. MIKULSKI. It is my under- are already warning that current in- meltdown that could further com- standing that NNSA also funds non- vestments are not sufficient to main- plicate their job prospects and job se- proliferation activities. Would seques- tain U.S. competitiveness in energy curity. tration undermine the 4 year goal of technologies. Of course we need to rein in the fed- securing all vulnerable nuclear mate- Ms. MIKULSKI. Before our time is eral debt, but we need to do so in a rials around the world by the end of up, let’s also discuss the impact of se- thoughtful, constructive way that December 2013? questration on water infrastructure. brings both reasoned budget cuts and Mrs. FEINSTEIN. NNSA has suffi- What will be the impact on the Civil additional revenue to the table. The cient funding to meet the 4 year goal, Corps of Engineers? President has called for, and Senate but securing materials is not the same Mrs. FEINSTEIN. With sequestra- Democrats are proposing, a balanced as permanently removing and disposing tion, the Corps would likely have to way forward. of them. Even with the 4 year goal close 57 recreation areas and partially close 186 recreation sites. There would NNSA AND CCE nearly complete, thousands of kilo- Ms. MIKULSKI. As the Chairman of grams of highly enriched uranium and also be no funding for 52 ongoing stud- the Energy and Water Development plutonium enough materials for dozens ies that were funded in FY 2012, 65 con- Appropriations Subcommittee, I would of nuclear weapons still present a ter- struction projects that were funded in ask the Senator from California to de- rorism risk. Terrorists are indifferent FY 2012, and 43 dredging projects that scribe the impact of sequestration on to sequestration. were funded in FY 2012. As the studies and construction the Department of Energy and the The sequester would impose cuts of projects are cost shared with non-Fed- Corps of Engineers. nearly $200 million from the non- Please provide specific examples that proliferation program. Efforts to re- eral sponsors, over 115 local sponsors would help Members of Congress and move additional nuclear materials would be left with no Federal share to the American people understand the would be delayed In addition, NNSA match their contributions for these consequences of sequestration on basic would not be able to deploy additional studies and projects, further delaying and applied research for future energy radiation detection equipment at bor- completion of these studies and technologies, nuclear weapons mod- der crossings that are most vulnerable projects. In addition, only the bare ernization and nonproliferation activi- to nuclear and radiological smuggling. minimum funding for dredging of ports ties, and maintaining critical water in- Of particular concern is NNSA missing and harbors will be available. This will frastructure. the deadline to build and deploy new, lead to inefficiencies in transportation Mrs. FEINSTEIN. I thank the Sen- more accurate sensors that can detect due to required light-loading which ator for her leadership on bringing other countries’ nuclear weapons tests. will ultimately lead to increases in much needed attention to the arbitrary NNSA would not be able to build the consumer costs. and damaging cuts of sequestration on sensors before the Air Force is sched- The long term effect of these delays important government programs. uled to launch its satellites. is increasing the costs of construction I would like to start by highlighting Ms. MIKULSKI. Equally important projects. More money needed to com- the impact of sequestration on na- to our national security are efforts to plete current construction projects tional security activities. A semi-au- reduce U.S. dependency on foreign oil means less or no funding for future tonomous agency within the Depart- and mitigating the effects of global projects already planned. ment of Energy, known as the National warming. What impact will sequestra- I thank Senator MIKULSKI for the col- Nuclear Security Administration, or tion have on basic research needed to loquy today on this issue. Ms. MIKULSKI. I thank Senator NNSA, is responsible for safeguarding accelerate future energy technologies? FEINSTEIN for her sobering assessment the country’s nuclear weapons stock- Mrs. FEINSTEIN. The Department of of the impacts of sequestration. pile. Energy maintains U.S. leadership in NNSA has recently embarked on a scientific and technological innovation f major modernization effort. The pur- by supporting basic research through AUTHORIZING THE REPORTING OF pose is to upgrade aging infrastructure its Office of Science. The goal is to ad- COMMITTEE FUNDING RESOLU- and replace aging components in nu- vance energy technologies and operate TIONS clear weapons. These investments are world-leading facilities to accelerate Mrs. MURRAY. Mr. President, I ask being made so that NNSA can reduce scientific discoveries. unanimous consent that the Senate the size of the stockpile, consistent Sequestration would cut about $250 proceed to the immediate consider- with New START Treaty obligations, million from the Office of Science. Spe- ation of S. Res. 58, submitted earlier and certify each year that nuclear cifically, these cuts would result in today. weapons remain safe, secure, and effec- hundreds of layoffs at national labs, The PRESIDING OFFICER. The tive without underground nuclear test- universities, research facilities, and clerk will report the resolution by ing. private sector companies that rely on title. Sequestration would cut close to $600 Office of Science funding grants for en- The legislative clerk read as follows: million from the nuclear weapons pro- ergy research, reduce operations of A resolution (S. Res. 58) authorizing the re- gram, essentially freezing and revers- major scientific facilities, meaning less porting of committee funding resolutions for ing modernization efforts. Specifically, research and development in one of the the period March 1, 2013 through September cuts in funding would put at risk highest priority research areas design- 30, 2013. NNSA’s ability to refurbish nuclear ing novel materials which is critical to There being no objection, the Senate weapons that are needed by the Air advancing energy technologies, stop al- proceeded to consider the resolution. Force and Navy to meet nuclear deter- most all construction projects that are Mrs. MURRAY. I ask unanimous con- rence missions, delay construction of replacing aging infrastructure at the sent that the resolution be agreed to facilities needed to replace old facili- national labs that are needed to sup- and the motion to reconsider be laid ties that do not meet modern health port science missions and attract the upon the table, with no intervening ac- and safety standards but are necessary best scientists from around the coun- tion or debate.

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.032 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S889 The PRESIDING OFFICER. Without doesn’t seem to want to figure out how cent. Over the same period the total objection, it is so ordered. to manage these cuts as every family number of jobs nationwide increased by The resolution (S. Res. 58) was agreed and every small business in America only 12 percent. I would think curious to. who is left with less income coming in people would wonder why. Our State (The resolution is printed in today’s the front door would have to do. He accounts for 8 percent of the U.S. popu- RECORD under ‘‘Submitted Resolu- doesn’t seem to want to manage it; he lation, but we accounted for almost tions.’’) seems to want to use this to scare peo- one-third of all private sector jobs in Mrs. MURRAY. Madam President, ple in order to grow the size of govern- high-paying industries between 2002 with that, I know the Republican lead- ment by raising more taxes. He seems and 2011. Let me say that again so ev- ers are on their way and ready to dis- to believe that only Washington and eryone is clear. Our State accounts for cuss this. I hope tomorrow morning we only the Federal Government can re- 8 percent of the national population, take the responsible tack of replacing vive strong economic growth by stead- but we accounted for almost one-third the sequester and getting our country ily raising our levels of taxation and of all private sector job growth in high- back on track. spending. That is sheer fantasy. The paying industries between 2002 and Thank you. President either doesn’t realize or he 2011. That is remarkable. I yield the floor. doesn’t care that Federal spending lev- Some might wonder what the secret The PRESIDING OFFICER. The Sen- els are already unsustainable. Every- is, and thank goodness the States still ator from Texas. body knows this. This is not a mystery are the laboratories of democracy where we can demonstrate the policies f to anyone who has been paying atten- that actually work rather than trying FISCAL POLICY tion. For example, a single Federal pro- to mandate a one-size-fits-all policy Mr. CORNYN. Madam President, I gram, Medicare, which our seniors rely from Washington, DC, that doesn’t work. want to start with some numbers that upon to provide them the health care The secret in my State is that we help put our spending budget debate in they need, already has $37 trillion in perspective. have, for example, no State income unfunded liabilities; again, an astro- taxes. We are a relatively low income Since President Obama became nomical number that I doubt any of us President of the United States, our tax State, although people still pay can fully comprehend. But $37 trillion sales and property taxes. We have gross national debt has gone up by 56 in unfunded liabilities is big. America’s percent—56 percent. Over the next dec- minimal and sensible regulations be- total unfunded liabilities—this is all cause we know that not only do taxes ade, unless we act responsibly, it is the promises we have made which we projected to rise by another 57 percent depress economic growth, we know have no current ability to pay for—ex- government—either State government, and reach a staggering $26.1 trillion. I ceed $100 trillion. Meanwhile, the na- don’t know anyone who can actually local government, or Federal Govern- tional debt keeps going up. It is now ment—that issues punitive regulations comprehend numbers that big, but that roughly $16.5 trillion. can actually dampen economic growth is what it is. We are fortunate enough to now see and job creation. By comparison, the sequester—the interest rates that we have to pay on We also have a relatively low level of much-dread sequester that is supposed that debt at a historically low figure, per capita government spending. Peo- to go into effect on Friday—would cut but each additional percentage point of ple don’t come to Texas because they only 2.4 percent out of Federal spend- interest we would have to pay—if inter- want handouts. They come to Texas be- ing for this next year. It would author- est rates were simply to go up to their cause they want an opportunity to ize $85 billion in cuts for the current historic norms—would increase the work, to achieve, and to live their fiscal year, which, as I said, is only 2.4 cost of our service on that debt by tril- dreams and in the process creating a percent of the total Federal budget—2.4 lions of dollars. Simply put, we cannot lot of jobs and opportunity for other percent. Yet the President is now trav- spend our way back into prosperity. people. We are also—and I know this is eling around the country on Air Force There are things the Federal Govern- where the Presiding Officer can iden- One, telling us that a 2.4-percent spend- ment can and should do to boost eco- tify with this statement—unapologetic ing cut will have a catastrophic effect nomic growth. We all understand this. about harvesting our State’s abundant on our economy and on jobs. Of course, The fact is the government is not what oil and gas reserves. Indeed, Texas oil this part is predictable: The only solu- creates jobs. It is the private sector, production increased by 94 percent be- tion he seems to offer is raising taxes small businesses in America, entre- tween September 2008 and September once again. preneurs, and the people who take a 2012. Shale gas is natural gas that is We saw in December during the de- risk to start a new restaurant or open produced by hydraulic fracturing and bate over the fiscal cliff—and I know a hardware store. Actually, those small horizontal drilling. It has been the American people must be getting businesses are the ones that actually around—actually fracking—for roughly nauseated with us lurching from one fi- create many more jobs on a percentage 60 years now. When done properly, it is nancial crisis to another, with the fis- basis than do the large Fortune 500 safe and does not damage the water cal cliffs, sequestrations, debt ceiling, companies. supply. The shale gas now available government shutdown threats. It is no All we have to do is look around the due to horizontal drilling and hydrau- wonder the American people look at country, and I know the Presiding Offi- lic fracturing has produced a shale gas Washington and wonder: Can’t you cer understands what is happening. We revolution in this country. guys get your act together? But the so- see some parts of the country that are The truth is that if we get out of the lution is not to keep on keeping on and growing fast and where jobs are plenti- way and sensibly regulate this indus- spending money we don’t have and ful. One of those is Texas, another one try, open the Keystone XL Pipeline— racking up more debt and deficits, nor is North Dakota. There are some com- which the President could do, but he is the solution to continue to raise mon elements in our story that I will has not yet done—it would not only taxes on the very people we are depend- talk about in a minute, but for the past create thousands of new jobs, it would ing upon to invest in new jobs and grow 8 years ‘‘Chief Executive’’ magazine create the potential for North Amer- their current businesses to create jobs has ranked the best States in the coun- ican energy independence. Imagine how and opportunities for middle-class fam- try to do business. I would not have that would change the geopolitics of ilies. brought it up if it were not true, but the planet. In instances where the Ira- Rather than the nightmare scenario the No. 1 State is the State of Texas. nian regime threatens to shut down the the President likes to talk about, Re- This week Forbes ranked the 10 best Strait of Hormuz and block 20 percent publicans and Democrats would be cities for good jobs, and half of those of the world’s oil supply, it would not happy to give the President and the ad- cities were in Texas—including Austin, have nearly the impact because our ministration some flexibility in how it Dallas, Fort Worth, , and San country would be North American en- implements these 2.4-percent cuts. Un- Antonio. ergy independent within a decade or so. fortunately, that doesn’t seem to be Texas has nearly 32 percent more Well, I should also footnote the fact what the President is looking for. He jobs today than it did in 1995—32 per- that down in Eagle Ford Shale—which

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.030 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S890 CONGRESSIONAL RECORD — SENATE February 27, 2013 is south of San Antonio, and where I Washington and around the country somehow they didn’t know about this am from—they had some of the highest this week about the so-called seques- or they didn’t have anything to do with unemployment rates in our State. ter, which I think bears some expla- it, that it isn’t their responsibility, is Much like the Bakken Shale, anybody nation. Oftentimes we talk in terms completely contradictory to the facts, who can get a commercial driver’s li- and in such a way that I think ordinary as has been delineated by Bob Wood- cense and pass a drug test can earn a Americans have a hard time under- ward in his book and many others who lot of money. As a matter of fact, com- standing the arcane world and arcane are familiar with those discussions. mercial truckdrivers in south Texas lexicon we have here in Washington, The point, very simply, is we have a now can earn over $100,000 a year, and DC. Basically we are talking about process that was put in place a long it is hard to find workers. They were these spending cuts—across-the-board time ago. We can go back to August suffering a shortage of workers because cuts—that will take effect at the end of 2011 when the Budget Control Act was of the economic activity caused by nat- this week. It was a process that was passed to find out why we are where we ural gas exploration production. put in place many months ago. In fact, are today. The President should also reject mis- if we go back to the Budget Control The other thing that is interesting to guided policies by the Federal Govern- Act, which passed in August of 2011, we me, which I think has now added to the ment that are killing jobs and threat- won’t find very many people now who narrative of trying to reconstruct the ening to put many oil and gas pro- will claim paternity of that idea. history of all this, is the idea that ducers and refiners out of business. He In fact, there is a big debate and a lot somehow there should have been taxes should loosen restrictions on Federal of finger pointing about whose idea incorporated in this, that we needed to lands and offshore drilling, and he this was and whose fault it was that we have a ‘‘balanced approach’’ in the se- should certainly issue more drilling are where we are. I would simply point quester. That was never contemplated. permits. Expanding domestic energy out that I think there are a lot of Re- This was all on the spending side. If we production and eliminating harmful publicans and Democrats who voted for look at the history of this and we actu- regulations would promote job creation the Budget Control Act, so clearly ally listen to, again, the people who are and reduce unemployment, just as it many of us voted in support of that as familiar with those discussions—and has in my State. a last resort. Many of us didn’t want Bob Woodward, this weekend in his op- In a larger sense, embracing this that to happen. We wanted to see a ed said: The President is moving the model would help the United States deal worked out where we would actu- goalpost. The revenues and taxes were gain much of its economic competitive- ally address the major problems facing not a part of this. But now, all of a sud- ness and fiscal credibility that we have this country with regard to our spend- den, the White House is insisting upon: recently lost. It would send a clear ing and debt. But since that couldn’t be We want taxes to be a part of this. message that we are serious about reju- negotiated between the President and What is ironic about that is they got venating our economy and reducing the leadership of Congress, we ended up taxes. They got a big fat tax increase our long-term debt burden. Above all, with this process where we had some on January 1 of this year. That wasn’t embracing this model would show that immediate spending cuts taking ef- balanced. There were no spending cuts. Washington has discovered our found- fect—about $900 billion, with another That was all taxes: $620 billion. So ing principles of limited government, $1.2 trillion to follow—hopefully from our perspective, the tax issue has individual freedom, and personal re- achieved through reforms, including been dealt with. The President got rev- sponsibility. tax reform, entitlement reform, by a enues—revenues that weren’t con- I will close on this and say that I so-called supercommittee that met and templated by the sequester in the first have not heard the President talk re- convened for a while. However, when place. Yet, today, he gets up and ar- cently about 7.9-percent unemployment that committee failed to reach a con- gues that this needs to be a ‘‘balanced’’ in this country, nor have I heard the clusion, it set in process, set in motion, plan, which is a euphemism around President talk about the reduced num- what we know today as sequester. here for: We want more of your tax dol- ber of people who are actually still It was actually built to go until the lars. We want more taxpayers’ money looking for jobs. That number would be 1st of January, in which case all of to come to Washington, DC. We want much higher because there are people these things would take effect if noth- higher taxes. That is what that mes- who have lost their jobs and are still ing had happened. Clearly, nothing had sage is essentially saying. actively seeking jobs. Notwithstanding happened. So when January rolled When the President and many of his that, we know from the Congressional around, we ended up with this process allies on Capitol Hill say: We want a Budget Office that the unemployment we now know as sequester. balanced plan, that means they want rate will actually get worse by the end I wish to point out that the President tax increases—on top of the $620 billion of the year. This is very urgent. It is has been running away from this; in new taxes the President got on Jan- not just about statistics; it is not just somehow this just imaginarily ap- uary 1 of this year. about numbers; it is about people who peared, this idea of sequester. But if we Now, what is interesting to me about are hurting because they are out of go back and look at the origin of this, this whole process is it was reported work and unable to provide for their we see it was clearly something the this morning that the President has families. President and his people put forward. called a meeting on Friday. He now One would think this would be a Fine points have been laid out by Bob wants to convene a meeting on Friday cause we could all come together on Woodward in his book and subsequent to talk about these Draconian cuts and address to the best of our ability op-ed this last weekend in which he that are going to go into effect, and he using some of the powerful examples in stated very clearly this was an idea has been traveling all over the country States such as North Dakota and that originated with the White House. picking the most high-profile, highly Texas. In fact, Jack Lew, in his confirmation visible items he can that would suggest I yield the floor, and suggest the ab- hearing before the Senate Finance this is going to have this profoundly sence of a quorum. The PRESIDING OFFICER. The Committee, actually mentioned the dramatic impact on people around this clerk will call the roll. fact that when they were looking at country. So now he is coming back to The legislative clerk proceeded to something they could use—a trigger, if Washington. When? March 1. When is call the roll. you will—they drew upon the Gramm- that? It is the day the cuts are de- The PRESIDING OFFICER. The Sen- Rudman-Hollings agreement that was signed to go into effect. ator from South Dakota. agreed to back in 1985 by the Congress, Where has the President been for the Mr. THUNE. Madam President, I ask and that incorporated this idea of a se- last year and a half? Where is the lead- unanimous consent that the order for quester, which included an across-the- ership in waiting until the very day the quorum call be rescinded. board spending cut. So, basically, it these cuts are supposed to go into ef- The PRESIDING OFFICER. Without came from the White House. It came fect to say: Oh, let’s have a meeting to objection, it is so ordered. from the President and his people. talk about what we might be able to do Mr. THUNE. Madam President, we That is where the idea of sequester to avoid the impact of these across-the- are hearing a lot of discussion here in originated. So to suggest now that board spending reductions.

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.007 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S891 So March 1. OK, here we are, elev- and depend upon. But I think most President, on Friday, March 1—the day enth hour, once again, at the last Americans would agree they could find this happens—decides to have a meet- minute, the President sweeps in and a 2.4-percent reduction in their annual ing when we have known about this for says he wants to do something to try spending if they had to. I think that is 18 months. The Senate, under the lead- to avert this sequester. But, again, re- something ordinary, average Ameri- ership of the majority—the Democrats member: We have known about this for cans have to deal with all the time: in the Senate—hasn’t passed a budget a year and a half. This is not a new rev- Let’s just tighten our belts a little bit; now for 1,400 days. We have gone 1,400 elation. We have known this was com- let’s figure out how we can get along days without a budget. We are going on ing for a very long time. with 2.4 percent less spending. 4 years without a budget. We spend $3.5 The supercommittee failed to Well, we are talking about 2.4 percent trillion, $3.6 trillion of the American produce a result in November 2011. So less spending on a $3.6 trillion annual taxpayers’ money every single year, it is almost a year and a half now we Federal budget. What does that rep- and we haven’t had a budget that sug- have known the sequester is coming. In resent? So $85 billion is a lot of money. gests how we are going to spend it now fact, last summer we passed legislation It is a lot of money anywhere. It is a for going on 4 years. Where is the lead- in Congress that asked the administra- lot of money in my State of South Da- ership? tion to give us some detail and some kota. In the small town I grew up in, The President of the United States specificity about where these cuts were those are dimensions we didn’t even submits a budget—which he will do going to take place, and we got some contemplate in most cases. sometime soon. He has missed the vague outline about that. We didn’t get But we think about it this way: $85 deadline already, but we assume it is any report from the President that billion, the amount of money we are coming in the next few weeks. But over enumerated these because, frankly, I asked to reduce in terms of the overall the last couple of years when he sub- don’t think they had gone through the Federal spending this next year, is the mitted a budget to Congress, when it process of trying to figure out what equivalent of how much our country was voted on in the House and in the they were going to do with it. borrows every single month. Every 28 Senate, it didn’t receive a single vote. So here we are now 18 months later, days, we borrow $85 billion. So every Now, it perhaps is not surprising it at the eleventh hour, and the President single month, we borrow—we put on didn’t receive a Republican vote be- all of a sudden says: Let’s have a meet- the backs of our children and grand- cause it had a lot of tax increases in it, ing and talk about what we might be children—as much money as the Fed- but it didn’t get a Democrat vote— able to do to avoid the impact of these eral Government is being asked to live zero, zilch—in the House or Senate. across-the-board spending reductions. without for an entire year: 2.4 percent There wasn’t a Republican or a Demo- Where is the leadership in that? Why of annual Federal spending. crat who voted for the President’s weren’t we doing that 12 months ago, 11 To be fair, people will say: Wait a budget. Why? Because it wasn’t seri- ous. The President is not doing any- months ago, 10 months ago, 1 month minute. It is not 2.4 percent because it thing to meaningfully address out-of- ago, last week? Why weren’t we talking is just affecting a certain area of the control spending and out-of-control about this earlier? Why do we have to budget, and they are right. It will rep- resent a bigger percentage simply be- debt. wait until the very last day to have a So here we are. The Budget Control cause so much of the budget has been discussion about this? Act finally did put in place some spend- Well, evidently, the President is bet- walled off from this, the area where the ing reductions, and now everybody is ter at campaigning than he is at gov- real Federal spending is; where three- hyperventilating about what we can do erning because he has been driving all fifths to two-thirds of all Federal to avoid them. How can we turn this over the country—I shouldn’t say driv- spending has essentially, for all intents off? How can we shut off the sequester? ing, flying all over the country, over and purposes, been protected or insu- I, frankly, believe we could do this in 5,000 miles—over 5,000 miles—cam- lated from this. There is a small 2-per- a much better way, a more responsible paigning on this issue to try to scare cent cut that would occur in some of way when it comes to the spending re- people into believing that an $85 billion the mandatory areas of the budget, but ductions. We ought to do it in a way across-the-board spending reduction, for all intents and purposes, what real- that doesn’t put a disproportionate which represents 2.4 percent of Federal ly drives Federal spending year in and burden on the defense budget. National spending this next year, is somehow year out and what is going to rep- security represents 20 percent of total going to be disastrous for our economy resent, according to the Congressional Federal spending, but it gets 50 percent and for our country. Budget Office, about 91 percent of all of the cuts under the sequester. That is Frankly, I am not in any way dimin- Federal spending 10 years from now— not the way it ought to happen. I am ishing the impact of spending reduc- Social Security, Medicare, Medicaid, all for—and plans have been offered and tions. Spending reductions will have food stamps; mandatory Federal spend- twice passed by the House Repub- some impact—there is no question ing entitlement programs—that is licans—to replace this sequester with about that—for sure. But to go out and pretty much walled off. other—what we believe are more re- say we are going to have 90-minute So we are increasingly shrinking the sponsible spending reductions. But that lines at airports, and we are not going discretionary part of the budget which passed the House of Representatives; it to have meat inspectors, and all these represents a smaller and smaller por- can’t pass in the Senate. things they are trying to put out there tion of Federal spending each and The President has had no interest in to scare the American people, to dram- every year. But the reality is it still is looking at some alternative. The only atize and, frankly, to traumatize the 2.4 percent out of a $3.6 trillion annual alternative he is interested in is the American people about a 2.4-percent re- budget that we are talking about. So it one that would do the most harm and duction in overall Federal spending? seems to me, at least, that all the the most damage to the American Now, if a person is a member of an hand-wringing that is going on in economy; that is, more taxes. If he gets average American family or an Amer- Washington right now and all the taxes on this, if he gets taxes to turn ican business or anybody in this coun- drama the President is trying to create off the sequester like the taxes he got try, and they know they are going to by flying over 5,000 miles across the on January 1, it will not be enough be- have 2.4 percent less to work with next country, campaigning about the effects cause it is never enough. year, what do they do? They sit down of this sequester, really gets lost in People who believe in big govern- around their kitchen table and figure what I think every American has to ment and believe the way to solve defi- out what those things are they spend deal with every single day and every cits is to raise taxes are never going to money on that they can live without. single week and every single month raise enough revenue. If you do not ad- It is a fairly simple exercise. In most and every single year; that is, some- dress what is really afflicting our coun- cases, people are going to pick the low- times they have to make do with a lit- try—and that is out-of-control spend- priority items. They are going to pick tle bit less, and maybe Washington, ing—you have not done anything to the things they can probably live with- DC, can figure out how to do that. solve the problem, which the $620 bil- out. They are not going to pick the But we have to ask the question lion tax increase on January 1 dem- things they really need and rely upon again: Where is the leadership? The onstrated. The amount of money, the

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.008 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S892 CONGRESSIONAL RECORD — SENATE February 27, 2013 amount of revenue generated from that moving train wreck out there. You are The Senator from Montana. tax increase January 1 will fund the just watching it. You just know it is Mr. BAUCUS. Madam President, government this year for less than a going to happen, and yet nobody is America’s first Treasury Secretary, week—less than a single week. doing anything to turn off the engines. Alexander Hamilton, once said: This is not a revenue problem. This is It is high time we did that. I hope the The confidence of the people will easily be not a tax problem. This is a spending President will engage. I hope we will gained by a good administration. This is the problem. It is time for some leadership. get for the first time now in almost 4 true touchstone. It is time for the President to quit years, 1,400 days, a budget in the Sen- Hamilton’s words take on new promi- campaigning, to come back here, and ate that puts a plan in place—a real nence today as we task our next Treas- to start governing. But here we are— plan, not a fake plan, not a phony plan, ury Secretary to gain the trust of the Friday, the day it is all set to take ef- not a plan that has a bunch of tax in- American people and restore con- fect—we have a $16 trillion debt. The creases, but a plan that actually ad- fidence in our Nation’s economy. Congressional Budget Office says at the dresses what drives Federal spending Nineteen of twenty-four Senators on end of the next 10 years it is going to and debt in a way that will put us on a the Senate Finance Committee voted be $26 trillion. We are adding $1 trillion more sustainable fiscal path and ensure yesterday on a bipartisan basis in favor a year. We are borrowing 40 cents out that future generations of Americans of Jack Lew’s nomination. Senators on of every $1 we spend. Revenues coming have a higher standard of living, a both sides of the aisle spoke to his into the Treasury, according to the higher quality of life than what pre- character and to his integrity. He is Congressional Budget Office, are going vious generations have had, not a lower well qualified to be the Nation’s next up, actually; and by 2015 they are going and a less one. That is the path we are Treasury Secretary and will work to to be 19.1 percent of our entire econ- headed on today if we do not change build the people’s confidence and re- omy, which is more than a percentage course. store trust and certainty in both our point higher than the 40-year historical Madam President, I yield the floor. government and in our economy. That will be his touchstone. average. I suggest the absence of a quorum. I am certainly not alone in sup- Revenues are going up, and for the The PRESIDING OFFICER. The porting Mr. Lew for the crucial role as next decade, according to the Congres- clerk will call the roll. sional Budget Office, revenues will ex- the administration’s top adviser on The bill clerk proceeded to call the economic policy. Yesterday’s over- ceed, by about a percentage point, the roll. 40-year historical average. So revenues whelming support for Mr. Lew came Mr. BAUCUS. Madam President, I after one of the most thorough reviews are coming up to above historical aver- ask unanimous consent that the order ages, and yet we continue to run tril- of any candidate for the position—a for the quorum call be rescinded. process that included hours of inter- lion-dollar deficits as far as the eye can The PRESIDING OFFICER. Without views with Mr. Lew, the examination see. objection, it is so ordered. Well, we have to get our spending of 6 years’ of tax records, and more f under control. We have to get the econ- than 700 questions for the record. In comparison, the committee asked omy going again. The Republican staff UNANIMOUS CONSENT AGREE- Secretary Geithner 289 questions, Sec- on the Joint Economic Committee put MENT—EXECUTIVE CALENDAR retary Paulson 81 questions, and Sec- out a study that suggested if we had Mr. BAUCUS. Madam President, I retary Snowe 75 questions. Mr. Lew has revenue growth like we have had—av- ask unanimous consent that the Sen- met personally with more than 40 Sen- erage revenue growth—for the past 60 ate proceed to executive session to con- ators since being nominated for Treas- years, if we had that in the past 4 sider Calendar No. 26, the nomination ury Secretary last month, answering years, the deficits today would be half of Jack Lew to be Secretary of the questions and addressing any concerns. of what they are. That is the impact of Treasury, with 8 hours for debate Throughout the confirmation process, economic growth. That is why growing equally divided in the usual form; that Mr. Lew has been open and trans- 1 at 1 ⁄2 to 2 percent is not enough. We upon the use or yielding back of time, parent. And, as I hope a vote in the have to grow at 3 to 4 percent. But to the Senate proceed to vote without in- Senate will soon show, he has gained grow at 3 to 4 percent, we have to have tervening action or debate on the nom- the trust and the confidence of many in policies that promote growth, that ination; that the motion to reconsider this Chamber. allow the economy to expand. We can- be considered made and laid upon the Mr. Lew has a long and distinguished not keep piling on new taxes and new table, with no intervening action or de- career focused on public service, with regulations and making it more dif- bate; that no further motions be in experience in both academia and on ficult and more expensive for people order; that the President be imme- Wall Street. Most recently, he was the who create jobs in this country to cre- diately notified of the Senate’s action, White House Chief of Staff. He has also ate those jobs. and the Senate then resume legislative served as Budget Director of the Office So the economy will continue to session. of Management and Budget in the cur- grow at a sluggish, anemic rate. We The PRESIDING OFFICER. Is there rent administration and under Presi- will continue to have these high defi- objection? dent Clinton, where, I will note, he cits, particularly if we do not get our Without objection, it is so ordered. helped guide our Nation through one of spending under control. It is about ex- f the greatest periods of economic ercising fiscal discipline and responsi- growth in America’s history. bility when it comes to our spending. It EXECUTIVE SESSION Mr. Lew has also served in the U.S. is about putting policies in place that Department of State as Deputy Sec- promote job creation and growth in NOMINATION OF JACOB J. LEW TO retary for Management and Resources. this country. That is what it is going Mr. Lew has demonstrated time and BE SECRETARY OF THE TREAS- to take to get this country back on again that he has the experience and URY track. Yet the President is out cam- knowledge to help get the Nation’s paigning around the country. He comes The PRESIDING OFFICER. Under economy back on track. back now at the eleventh hour, and on the previous order, the Senate will now We need a strong man at the helm to March 1 he decides to have a meeting proceed to executive session to con- help tackle the many fiscal challenges at the White House to talk about some- sider the following nomination, which facing our Nation, and I believe Jack thing we have known was going to hap- the clerk will report. Lew is that man. Just 2 days from now, pen now for 18 months—18 months. The bill clerk read the nomination of on March 1, across-the-board budget We have the most predictable crisis, Jacob J. Lew, of New York, to be Sec- cuts known as the sequester will hit. according to the Simpson-Bowles Com- retary of the Treasury. Madam President, $85 billion in Fed- mission, we have ever seen—the spend- The PRESIDING OFFICER. Under eral spending will be sliced from thou- ing and debt crisis that is in front of the previous order, there will be 8 sands of programs, including Medicare, us. We have known about it for a long hours of debate equally divided in the rural development, and early edu- time. You can see it. It is like a slow- usual form. cation. The nonpartisan Congressional

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.010 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S893 Budget Office predicts the cuts could trust and confidence that is so nec- Mr. HATCH. Madam President, I rise slow the economic recovery and result essary and which is necessary to work today to speak on the nomination of in another year of sluggish growth and together to make things happen. The Mr. Jacob Lew to be Secretary of the high unemployment. conversations proved invaluable as we Treasury. This is an important nomi- I firmly believe we need to cut our worked to overcome numerous eco- nation. With our still-struggling econ- debt and get our fiscal house in order. nomic challenges. omy and our growing fiscal problems, We know there are places to trim the I continue the outreach with Mr. the next Treasury Secretary is going to fat. The American public knows that, Lew. I have been having a standing have a lot on his plate. That being the certainly. But we need to take a scal- weekly call with him in anticipation case, we have worked on the Finance pel to waste and inefficiency, not allow he will soon be Treasury Secretary, Committee to vet Mr. Lew, to examine a hatchet to hack into American jobs. and I am going to keep it up. I know he his background credentials, and pro- Our economy will be put to the test wants to also. It is very heartening, vide a complete picture of his quali- again in just weeks when the con- frankly. He has been very open and re- fications for this post. tinuing resolution expires on March 27. ceptive and is eager to work with all of I wish to offer a few comments about We face the threat of a government us here in the Congress to strengthen our review process, what we have shutdown. And on the horizon, the Fed- America’s economy and create more learned, and the reservations about the eral borrowing limit will be reached in jobs. He wants to do a good job. He nominee that remain with me now that late May. That will require another ex- knows he must talk with us and com- this process is complete. tension of the debt ceiling. municate with us in order to do that. Let me begin by saying a few words This is no way to run a country. Con- Working together will be key to pro- about the process itself. For well over gress has been lurching from one fiscal moting economic growth and stability. a decade, the Finance Committee has showdown to the next, leaving the Na- If confirmed by the Senate, one of followed a specified procedure when tion with uncertainty. The only way Mr. Lew’s first acts as Treasury Sec- considering executive branch nomina- we will be able to get past these budget retary will be affixing his signature to tions. Sadly, that procedure was not battles is by working together. We all all new Federal Reserve notes. I am not followed in the case of Mr. Lew. know that; we just have to start doing sure if people will be able to read his After publicly announcing Mr. Lew’s it—Republicans and Democrats, Mem- loopy signature. It is an inside joke nomination, the White House waited 16 bers of the House and the Senate. We that sometimes people have a hard days before submitting any of his pa- need to work together to put in place time reading his handwriting. His sig- perwork. That was an atypically long policies that create more jobs and nature will be on the Federal Reserve delay and, in addition to slowing the spark economic growth. notes, and that loopy signature is de- vetting process, it ensured Mr. Lew It is deeds, not words. We have scribed as looking more like a would not be confirmed in time to pre- enough words about working together. scratched-out slinky than a name. vent a vacancy at the Treasury Depart- We have to actually start performing That is Mr. Lew. That is the way he ment. A nomination hearing was sched- the deeds and working together. signs. Mr. Lew promised the President uled to be held only 12 calendar days We will need to work with Mr. Lew that if confirmed he will work to make after the paperwork was received, even and with the administration to put the at least one letter legible in order to though the nominee had not answered Nation’s economy back on track. We not deface America’s currency, and we all of the questions submitted to him. need to get off this roller coaster ride. will hold him to that promise. That is simply not the way our proc- It is like a yo-yo. There is no stability. In addition to the signature of Amer- ess has worked in the past, and the ica’s Treasury Secretary, the front of There is no certainty. Going from one undue haste seriously hampered our every U.S. dollar bill has the seal of fiscal crisis to the next is undermining ability to thoroughly examine Mr. the United States Treasury. Look our economy. Lew’s background and his qualifica- closely and you will see the symbols of To give families and businesses cer- tions. tainty, we must agree on a balanced balancing the scales to represent jus- Once the hearing was completed, as comprehensive plan to cut the debt tice. There is a chevron containing 13 is customary, members of the Finance stars which represents the 13 original that includes both revenue and spend- Committee submitted written ques- colonies. Underneath the emblem is a ing cuts. The math will not work any tions for the record. Since that time, key which notes Treasury’s official au- other way. A long-term balanced plan anonymous administration sources thority. will bridge the budget battles and If confirmed, we will be trusting Mr. have decried the very notion that make real progress toward solving our Lew with the authority to oversee members of the Finance Committee deficit problem. A balanced plan will America’s financial system and eco- had the audacity to ask hundreds of also encourage businesses to invest, en- nomic policy. He will play a critical questions of Mr. Lew as part of their able investors to return to the markets role in the upcoming debates on prior- constitutional advice-and-consent re- with confidence and, most importantly, ities and spending cuts. We will be re- sponsibilities. put Americans back to work in a grow- lying on him to ensure our government Let me be clear. I will vigorously de- ing economy. That is the bottom line, and finances are sound. We will be ask- fend the right of any Member of Con- more jobs, more good-paying jobs. We ing him to work with us to return some gress, regardless of party, to ask ques- need more certainty and predictability stability and confidence to our econ- tions of nominees until they are satis- so businesses may hire, expand, and omy. We will be asking him to work fied they have obtained all the relevant people are able to get those good-pay- with us to ensure the United States re- information, and especially in the case ing jobs. mains a great world power in this com- of the Treasury Secretary, which is one Over the past 2 years I had a standing petitive global economy. It is a great of the most important assignments in weekly call with Treasury Secretary responsibility he has, one which I be- our government today and always has Geithner. Every week we would go to lieve Mr. Lew will live up to. been. If we go all the way back to the the phone at 9:45 on Wednesdays, and Two hundred twenty-four years ago, time of Alexander Hamilton, we know about once a month we personally vis- this body, the U.S. Senate, approved what he meant to this country by es- ited, would get together to go over the first Cabinet position for this tablishing the financial system of this issues. No matter where we were, what young Nation when it unanimously ap- country as the Secretary of the Treas- we were doing, we would always try to proved Alexander Hamilton to become ury. pick up the phone once a week to check first Secretary of the Treasury. I ask In the case of Mr. Lew, there were in. I will tell you, it was on the minute, my colleagues to confirm Mr. Lew several reasons why he ended up being 9:45. Each of us knew the other was today to be our Nation’s 76th Treasury asked numerous questions. First, the going to be there. Secretary, to enable him to begin work nomination process, as I mentioned, Secretary Geithner and I grew to be- helping to strengthen our economy. was abbreviated due to the haste of the come friends and trust each other. Our I yield the floor. administration. That meant the ques- families started to have dinner to- The PRESIDING OFFICER. The Sen- tions which through the course of ordi- gether, do things together. It is that ator from Utah. nary business could have been resolved

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.011 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S894 CONGRESSIONAL RECORD — SENATE February 27, 2013 through discussion had to be asked in products which were marketed and sold The President also remarked on Wall written form. by the Citigroup units he oversaw, he Street bonuses at the time, saying: Second, due to the general unrespon- could not remember any specific de- That is the height of irresponsibility. It is siveness of the administration to re- tails. shameful. quests for information over the last It needs to be noted some of those in- About Wall Street executives, he few years, there is a pent-up demand vestments ended up generating enor- said: for information and any semblance of mous losses for investors. For example, There will be a time for them to get bo- responsiveness from the executive funds called MAT, ASTA and Falcon, nuses. . . . Now is not the time. branch. which were marketed, sold, and man- Elsewhere he referred to Wall Street Third, Mr. Lew’s responses to many aged by the Citigroup units Mr. Lew bonuses as ‘‘obscene.’’ questions have been opaque. He has dis- oversaw ended up being the subject of In late 2008 and early 2009, American sembled often. That being the case, it lawsuits and successful arbitration taxpayers provided over $45 billion— seemed the only way to get answers to claims, where success was based on in- that is with a ‘‘B’’—in direct assistance straightforward questions was to con- vestors convincing arbitrators the to Citigroup and backed hundreds of tinue to ask for clarifications in an at- funds were misrepresented and mis- billions of Citigroup assets. At the tempt to break through the wall of ob- managed by Citigroup. The losses to in- same time, in January 2009, Mr. Lew fuscation Mr. Lew had constructed. I vestors from these funds numbered in reportedly received over $940,000 in have no doubt he could have answered the billions. In fact, some financial ad- compensation, most of which was a most of these questions in much less visers at Citigroup protested internally bonus for work performed in 2008 when numerical form than he did. the misrepresented securities caused Citi was on the verge of collapse. The Even after extensive questioning, enormous damage to Citi’s reputation. bonus came a day before Citi received there remain several serious concerns One of Mr. Lew’s bosses at Citigroup yet another infusion of billions of dol- with Mr. Lew’s background, his lack of argued on behalf of the investors and lars of taxpayer money to prop up the responsiveness, and the evasive manner against Citi’s stock price and bottom company. That was the day before in which he answered many questions line by saying the investors had been Citigroup received the infusion of bil- which were posed to him. Unfortu- wronged and should be made whole. lions of dollars that he got that bonus. nately, many of these concerns will go She was subsequently fired. There is, at the very least, a con- From all information I have seen, unaddressed, as Mr. Lew seems to be tradiction between the President’s Mr. Lew did not similarly stand up for following the standard stonewalling rhetoric with regard to Wall Street and wronged investors while on Wall strategy used by so many officials in his decision to appoint Mr. Lew to be Street. Perhaps it is because he did not the Obama administration. Treasury Secretary. However, rather know what was going on in the firm or For years now administration offi- than acknowledging any such con- at his firm. We don’t really know. De- cials have gone out of their way to be tradiction, Mr. Lew has simply repeat- spite the fact the funds in question led unresponsive to information requests edly told us all that his compensation to probably the largest losses in the from Congress, and that is simply un- was in line with what other similarly history of the units Mr. Lew oversaw, acceptable. Far too often, legitimate situated executives received. Mr. Lew claims that he cannot recall inquiries submitted to the executive As I have said before, that justifica- anything about them. If you ask any- branch go unanswered for months at a tion seems a bit like saying: Gee, Dad, one familiar with the funds and con- time. Requested deadlines are dis- everyone was doing it. Unfortunately, troversies surrounding them, they will carded. Indeed, in some instances infor- that type of reasoning is exactly what say you would need to have been away mation requests are ignored entirely. led to the financial crisis. on a desert island to not have heard When responses are given, substantive In addition, an employment agree- about the problems that these funds and direct questions are given mean- ment Mr. Lew had with Citigroup had a faced. Yet, once again, Mr. Lew con- ingless political answers. This has gone clause stating that his guaranteed in- tinues to deny having any memory of on far too long and it needs to stop. centive and retention award would not them. Mr. Lew, for his part, has promised At the same time Mr. Lew claims be paid upon his exit from Citigroup. me that he would be responsive to in- while he was at Citigroup he learned a However, there was an exception indi- quiries submitted by Members of Con- lot about financial markets and the cating that he would receive that com- gress. While his answers to questions dangers of risk. Indeed, he cited his ex- pensation ‘‘as a result of his accept- throughout the confirmation process perience at Citi as a qualification to be ance of a full-time high-level position give me reason to doubt his commit- Treasury Secretary, even though he ap- with the United States government or ment to being responsive, I intend to pears to have little recollection about regulatory body.’’ It remains unclear hold him to that process moving for- any of the actual details of his work at how this exception is consistent with ward. I believe he is an honorable man that time, or at least his financial de- President Obama’s efforts to, in his and I believe he will try to do this. tails. own words, ‘‘close the revolving door I wish to take a few minutes to ad- The question remains: How could Mr. that carries special interest influence dress some additional substantive con- Lew operate, manage, direct units and in and out of the government.’’ cerns I have about Mr. Lew, his back- also be in charge of staffing decisions Of course, as has been widely re- ground, and his qualifications for this without having any knowledge of the ported during the course of our vetting post. financial products that were marketed, process, we found that while he was at Let’s consider Mr. Lew’s Citigroup sold, and managed by these very same Citigroup, Mr. Lew actively chose to years. At Citigroup Mr. Lew was man- units? It remains unclear. invest in a hedge fund that served as a aging director and chief operating offi- Had there been a traditional vetting venture capital-like fund that invested cer of two units, Global Wealth Man- process, perhaps we could have gotten primarily overseas. The fund Mr. Lew agement and Citigroup Alternative In- to the bottom of this mystery. As it is invested in was based in the Cayman vestments. Mr. Lew claimed repeatedly we are only left to speculate, as you Islands at the infamous Ugland House while managing, directing, and oper- can see. that so many Democrats have viciously ating those Citigroup units he essen- In addition to Mr. Lew’s lack of decried as a tax haven. In fact, in 2008, tially undertook back-room operations knowledge about some of the high-pro- while campaigning for President, then- such as firing people, moving office file failures of the units he was over- Senator Obama said that the Ugland space, integrating computer systems, seeing, there are legitimate concerns House was ‘‘either the biggest building eliminating redundancies, and things relating to his compensation while at in the world or the biggest tax scam in of that nature. Citigroup. the world.’’ Mr. Lew has also repeatedly stated On January 29, 2009, President Obama Throughout the 2012 campaign, Presi- he did not design financial products at made remarks about Wall Street, say- dent Obama repeatedly attacked Mitt Citigroup, make portfolio decisions or, ing that institutions were ‘‘teetering Romney for having funds invested in in his words, opine on investments. In on collapse and they are asking for tax- the Caymans. If I recall it correctly, fact, when asked about investment payers to help sustain them.’’ Mitt Romney’s funds were in a trust he

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.014 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S895 had no control over. In making such in- be responsive to the Senate Finance self in the Senate and experienced that vestments, Governor Romney was, in Committee and to the Republicans on stress. I want everybody to know this the words of the Obama campaign, bet- the Senate Finance Committee as well is an important position, this is an im- ting against America. One can only as the Democrats. portant human being, and I hope he wonder whether while serving as White He has also promised to work in a bi- lives up to all he has the capacity to House Chief of Staff for President partisan manner to address the prob- live up to. Obama, Mr. Lew supported this line of lems facing our Nation. I believe Mr. I yield the floor. attack. Lew can, and hopefully will, do that. The PRESIDING OFFICER. The Sen- Once again, Mr. Lew has repeatedly My hope is he does not view these ator from Montana. refused to acknowledge any contradic- promises as merely boxes checked off VETERANS UNEMPLOYMENT tion or hypocrisy between the Presi- on the way to confirmation. Mr. BAUCUS. Madam President, I dent’s rhetoric and his own actions, de- If confirmed, Mr. Lew will be the would like to take a moment to speak fending himself only by saying that Secretary of the Treasury of the on a topic that is very important to this investment was done legally and United States and not the Secretary of me, to Montana, and our Nation; that transparently. I think the same prob- the ‘‘Obama treasury,’’ although indi- is, our veterans. ably could have been said about Gov- rectly he will be. His first job is to the The Veterans Jobs Caucus has orga- ernor Romney’s investments as well, United States of America, and he nized a day of action today to draw at- which were in a blind trust. might have to argue strenuously tention to veterans unemployment, The contrast between the President’s against some of the White House posi- and I am very proud to help shine a past vilification of certain financial ac- tions on financial matters and Treas- light on that. tivities and individuals and Mr. Lew’s ury matters. He has to work for all the Jobs must be our No. 1 priority. very participation in those activities is American people and not simply one There is no better place to start than striking. Yet we are now essentially political party. with our veterans. With the war in Iraq being told that people should do as ad- If he does those things, I will be will- coming to an end and Afghanistan ministration officials say, not as they ing to work with him all the way, and winding down, we have a responsibility did. I have to say I expect him to. I expect to make sure every single one of these In addition to concerns about Mr. him to be the honorable man he has men and women returns home to a pay- Lew’s record, I have serious disagree- told me he is and that I believe him to check, not an unemployment check. ments with him when it comes to pol- be; otherwise, I couldn’t vote for him, I urge my colleagues to join me in de- icy. For example, in response to writ- especially under these circumstances. claring war on veterans unemploy- ten questions, Mr. Lew backtracked However, I have to say, if he fails to ment. Let us work together to make from the administration’s previous po- live up to the promises he has made, if sure every American veteran has the sitions on the need for entitlement re- he becomes just another Obama aco- good-paying job they deserve. form. At one time, commonsense re- lyte using his high-powered position in I yield the floor forms, such as raising the Medicare eli- the administration to attack political The PRESIDING OFFICER. Who gibility age, were on the table for the opponents, I will personally be sorely yields time? If no one yields time, time Obama administration. Such ideas disappointed and hurt by it. If that will be charged equally to both sides. have apparently been discarded by the ends up being the case, he will have no The PRESIDING OFFICER (Ms. President, and Mr. Lew has made it greater adversary in the Senate. I don’t BALDWIN). The Senator from Alabama. clear he shares that discarding posi- want to be an adversary. I want to help Mr. SESSIONS. Madam President, I tion. him turn this country around. I want have made it clear that I oppose the As a Social Security and Medicare to be an asset to him up here, and I confirmation of Jack Lew to the most trustee, the Treasury Secretary cannot want him to be an asset to our country serious Cabinet position of Secretary of simply wish away the problems with down there—and up here when he the Treasury. The President’s Cabinet our entitlement programs. If he is con- comes. nominees should be given substantial firmed, and I believe he will be, Mr. Given my many reservations and deference; that is not in doubt. But our Lew will be tasked with addressing concerns about Mr. Lew, I hope he and Constitution makes clear that appoint- these problems. Sadly, it appears he the President take note that I am ments to high government office may will be just another voice in the Obama bending over backward to display def- only be made by and with the advice administration against taking mean- erence to the President’s choice of and consent of the Senate. Certainly, ingful action on entitlements and in Treasury Secretary. This gesture, I the Senate is not a rubberstamp or a favor of higher taxes—a repetitive hope, will not be in vain. potted plant. theme at least all of us Republicans are I can contrast Mr. Lew’s positions I believe a decent respect for the seri- getting very sick of. The use of the when he worked in the Clinton admin- ousness of this occasion, for my col- word ‘‘balance’’—my gosh, what a per- istration. Many Republicans felt he leagues and for their opinions, for the version. was a straight-up guy, and I was one of President and for the nominee, re- I think I have made my concerns them. I have suggested to him that we quires, in this case, that I set forth my about the Lew nomination very sound- would like to see that type of person objections to the appointment. They ly and very clear. That being said, I manage our Treasury rather than the are serious, and I believe what I say is have always believed that whoever is partisan person we have seen in the important; important for the institu- President, including our current Presi- last couple years. True, the position he tion of the Senate and important for dent, whom I like—any President, re- had at the White House was a partisan our country. gardless of party—is owed a certain de- position, and I make a great allowance I have not had a personal relation- gree of deference when choosing people for that. ship or extended meetings with Mr. to work in his administration. There- I personally like this man. I person- Lew. My objections arise primarily and fore, though I personally would have ally believe he is a good man. But I first from his performance as Director chosen a different person for this posi- also believe sometimes we can get so of the Office of Management and Budg- tion, I intend to vote in favor of Mr. caught up in politics that we don’t do et. It is, in many ways, a key position Lew’s confirmation. what we know we should do. I am hop- in our government. That is the office Obviously, my vote in favor of Mr. ing he will. I believe he will. If he does, through which the President controls Lew comes with no small amount of he is going to have a lot of support all the departments and Agencies of reservation, and I don’t fault any of my from me. our government which he is required to colleagues for choosing to vote against I wish to thank my chairman of the supervise. him. Indeed, I share many of their committee. He has always been very Normally and necessarily, the OMB same concerns. As I mentioned earlier, honorable and very straightforward. I Director is the single office that drives Mr. Lew has promised to be responsive understand a lot of the pressures he has efficiency and demands accountability to Members of Congress and their re- had throughout this process, having on behalf of the President and the quests for information. I expect him to been chairman a number of times my- American people throughout our great

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.015 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S896 CONGRESSIONAL RECORD — SENATE February 27, 2013 bureaucracy. In that aspect of his job I commission. They said this Nation has Imagine what went on in the White have seen little leadership, and at this never faced a more predictable finan- House. I am just a Member of the Sen- time of surging debt, I would rate that cial crisis. They jointly gave that ate. I observe these things like all of performance as an F. I have never seen statement to us in the Budget Com- us. The question was, Would the Presi- a consistent, determined effort from mittee. dent of the United States now, after Director Lew to reform and make more Federal Reserve Chairman Bernanke, the midterm elections that gave the productive the government of the U.S. when asked to make comments about majority to the House of Representa- Indeed, his primary effort consistently some of the long, great projections of tives—would at that point a policy, a has seemed to be to defend any pro- debt out into the future, said: That will budget, set forth a sound, sustainable gram under attack, scrutiny, or ques- never happen. You will never get that. path for America that could lead the tion rather than examining vigorously In effect he said: You will have a crisis country out of this fix? to save every single dollar that can be before that ever happens. We are on an I know they discussed it. Surely, saved for the taxpayers of the country. unsustainable debt path. they did. It was the most important If the OMB Director will not insist on Even the most current Secretary of issue they faced. Would they back efficiency and good government, who Treasury, Secretary Geithner, made down from spending and investment will? The Secretary of Energy, pushing the same comments about Director and taxes? Would they opt for a more out failed Solyndra programs? Is that Lew’s budget. He acknowledged that limited growth in spending in America? whom we look to? Or the GSA leaders that budget left the country on an They made their decision. Actually, who host hot tub parties in Las Vegas? unsustainable financial path. There- it is pretty clear two decisions were This government of ours has never fore, the report of the Nation’s top made. I do not think this is unfair to been more poorly managed. It has management official on budget and analyze it in this way. First, they de- never had, for a number of years, the management to Congress on these cided that despite the election, they serious oversight and management issues must be absolutely accurate. It would not curtail spending or lay out a from the top supervisory agencies. must be true. His budget that he would plan that would alter the debt course Congress is not empowered to daily set forth as director of the budget each of America; that they would not fix manage the agencies of America. That year, as required by law—the President and save and strengthen our entitle- is the Chief Executive’s job, and the submits a budget—must put the Nation ment programs, such as Social Secu- primary person in his administration, on a sound and sustainable course, not rity; and they would lie in wait, I President Obama’s administration, keep us on an unsustainable course. guess, for anybody in the House of Rep- If changes in the operating methods charged with this duty is the Director resentatives, particularly, and criticize of the country are needed, he should of the Office of Management and Budg- their plan. They would not lay out any say so and help lead that reform effort. et. At least, historically, that has been plan in their budget, which is the time He is the one who keeps the books. He the case. that you would normally lay out your is the one who must, along with the But, my concerns go even deeper. I plan. They would set up a method to President, rally the Nation, as mayors believe every public official in this Na- attack the Republicans when they pro- and county commissioners and Gov- tion owes an absolute loyalty to the duced their budget, as required by law, ernors have done all over America to United States, to the betterment of and their budget would have to deal rein in reckless spending and unaccept- this country and its government, and able debt in their jurisdictions. Why is with these things and propose real cuts to the institutional processes that lead it not happening here, now, at this in spending, and they would criticize to the governing of America. There can time of national crisis? that. Apparently, that is a decision be no doubt that every government of- In February 2011, as Director of OMB, they made. ficial, from the President on down, is Mr. Lew produced a budget for the But this presented a problem. To an- accountable to the institutions of our President, and he presented it to the nounce a budget that did not do what government and to the people ulti- people and to the Congress. That was the public had just demanded—control mately. February, 2 years ago. He was the spending and control debt—would not Without doubt, the Director of OMB budget director. be popular. So what do you do then? It has such a duty. He is required to meet The budget he prepared utterly failed is pretty clear to me how the conun- that duty with honor, honesty, effi- to meet the needs of the Nation. It just drum was decided. ciency, and responsiveness. He serves did. As Mr. Bowles said right after the Mr. Lew would go before the Amer- us; we don’t serve him. He serves the budget was announced by Mr. Lew—he ican people and Congress and just de- American people. said with great disappointment, the clare that the budget he had put forth The American people send their White House budget request ‘‘goes no- did put the Nation on a sound financial money to Washington, and they expect where near where they will have to go course; that it would end deficits and it will be honestly and openly man- to resolve our fiscal nightmare.’’ This put us in a position to pay down our aged—accountable. They have every is the man President Obama appointed debt. They just decided that Mr. Lew right to demand high performance from to head the debt commission, and he would go out, despite what was in the all officials, but particularly the Direc- said this budget came nowhere near budget, and declare that it would do tor of the Office of Management and where they will have to go to avoid our those things. Thus, the statements of Budget. fiscal nightmare. This budget was a Mr. Lew amounted to what I have Surely, there can be no higher duty disaster. called—and will explain—the greatest for such an important official than to Instead of making our debt problem financial misrepresentation concerning periodically report to the people truth- better, it made it worse. It taxed more the finances of this Nation ever made. fully on the important affairs of and spent more. I was shocked and If somebody has something different, state—specifically to report the finan- amazed. I would like to see it. I would like to cial condition of the Nation and to Please remember, this was in Feb- see somebody say, when we finish talk- produce a budget plan that will fix it. ruary 2011, not long after the midterm ing about this, that they have other ex- Without doubt, the great challenge of congressional elections in which the amples of this kind of misrepresenta- our time is how to confront effectively American people rose up and shel- tion. the unsustainable debt course we are lacked a lot of big spenders and de- These statements were made care- now on. That is clearly the greatest manded that we get our financial house fully and deliberately calculated and threat to our Republic. in order. The American people were for the political purpose, I have to say, Admiral Mullen, former Chairman of shocked by the explosion of debt and of misleading the public. You may say: the Joint Chiefs of Staff, has said debt the surge of big government, and they Surely not, Jeff. You are exaggerating is the greatest threat to our national demanded more accountability. They this situation. Surely, he wouldn’t do security. We are heading toward a fi- insisted on it. Presenting a budget that that. nancial crisis if we do not change. All did not do what the public demanded, Let me tell you what happened. The have told us that, including Simpson control spending and debt, would not day before the budget was to be re- and Bowles of the President’s debt have been popular. leased, on a Monday, Mr. Lew went on

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.026 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S897 the Sunday news programs to report on would be $9 trillion to the public debt tations as to that? No. I would suggest the budget that the President would be and $13 trillion to the gross debt. The the numbers clearly show that even if submitting to explain what was in it. year with the single lowest deficit out we have the kind of bogus accounting This is what he said on CNN on a Sun- of 10 years was $600 billion in debt. In where we don’t count our interest, who day morning program. other words, the lowest single annual could possibly write a household budg- I will put this up because the words deficit in 10 years was $600 billion. et, a city budget, or a State budget should live in infamy. This is how he President Bush’s highest deficit was that didn’t account for the interest described the budget he laid out: less than $500 billion over 8 years. This they have to pay every year? How ri- Our budget will get us, over the next sev- is a huge debt, $600 billion, but would diculous is that? That is the kind of eral years, to the point where we can look average almost $1 trillion a year. On phony, gimmicky accounting that puts the American people in the eye and say, average it would be $1,000 billion a this country on a path to financial cri- we’re not adding to the debt anymore; we’re year, which clearly leaves us on the sis. But that is what he said. Even by spending money that we have each year, and same unsustainable path we had been that definition it was not true, and this then we can work on bringing down our na- tional debt. on. would not be true, and it is false. Well, On Tuesday Mr. Lew appeared before phony accounting procedures, budget That is exactly what the American the Budget Committee. I am the rank- manipulations, and gimmicks such as people want to hear. There was no ing Republican on the Budget Com- this primary balanced idea are the way qualification placed on this statement, mittee. I was amazed at what he was politicians have maneuvered us into a none whatsoever. He was speaking di- saying on television. After we scram- situation where our path is so dan- rectly to the American people on a bled around and looked at the docu- gerous. Sunday morning news programs. He ments, it became clear this was not The American people are not happy said other things on several of the close to correct. How could the Budget about it, and they should not be happy. other programs that he participated in Director of the United States of Amer- There is no reason we have placed this on February 12, 2011. ica go on national TV and make these country at such risk because of debt There were no qualifications. How kinds of statements? How can we have and spending—no reason we should do could it be heard other than the way any expectation of the truth in Wash- that. They sent us here to this Con- those plain words would suggest? It ington when the Budget Director tells gress for a lot of reasons, but the pri- suggests that we had a plan, that the us we are on a sound path when it mary reason is to properly manage President had a plan, and that Mr. Lew didn’t appear to be so? And, indeed, it their money. was producing a budget—which his of- wasn’t so. I see my colleague from Vermont, fice produced—that would make sure He came before the Budget Com- and I think we might get there a dif- we were on a sustainable financial mittee, and I quoted this CNN state- ferent way, but I think we may share course and we would not be adding to ment to him. I read it back to him and some of the views about this nomina- the debt anymore. ‘‘We’re not adding directly asked whether his statement tion. I respect his independence and to the debt anymore.’’ was accurate, and this is what he re- gumption, as we would say in Alabama, What else did that suggest? It sug- plied: to express his views openly and di- gested we can relax. We didn’t need to It’s an accurate statement that our cur- rectly. talk about real spending reductions be- rent spending will not be increasing the debt I will talk some more because this is cause we had a plan. Just follow the . . . We’ve stopped spending money we don’t an important matter, and I don’t in- President’s plan. Everything is going have. tend to let it go lightly. I believe this to be okay; relax. Don’t get too excited Further, let me note that outside the Congress and the American people are as they did in this last election because 10-year window—based on the financial entitled to honest, sober, serious com- we have everything under control. Our plan that that budget set forth—the mentary and information from our plan fixes it. deficits got worse. They were going up leaders, and we are not getting it. It That is essentially what happened, in the outyears. The lowest year was makes it hard to get the American peo- but the budget documents Mr. Lew sub- $600 billion, but they were going up ple together to figure out how to tight- mitted revealed the opposite. The ques- every single year, by his own account- en our belts and how to handle the fi- tion is: Did his own documents confirm ing. CBO’s numbers were much higher nancial crisis we are in if we have top this analysis? Did it come close to it? as far as the debt that would be added officials who say: We don’t have a cri- Well, these documents will reveal the to the country. sis, don’t worry about it, we have a truth. Actually, his documents re- For me this was a most stunning de- plan that fixes it. vealed a rosy scenario of the truth. The velopment. I don’t believe it could be I don’t see any reason to extend for a numbers I am going to give of what his explained away. It is obvious he deter- longer period of time the Lew nomina- documents reveal turned out to be less mined that he was going to stand pat tion. He has come out of committee positive than even they predicted. with his story, which was a political and he has bipartisan support. He is In his own accounting table, Mr. narrative that they wanted to spin. going to be in a position to be con- Lew’s 10-year budget got nowhere close They wanted to spin a political nar- firmed, but I am not going to vote for to the point where we could not say we rative, but it was not accurate, and him. I wish to talk some more about are adding to the debt anymore or that that is important for us. The chief some of the additional problems we we were in a position to pay down the budget person in America needs to tell have with his nomination but will do debt. To anybody who has the slightest the American people and the Budget so later. I believe it is my responsi- concern for the meaning of words—or Committee of the U.S. Senate the abso- bility to do so, and I intend to fulfill it. who believes in the most basic concept lute truth about the financial condi- I thank the Chair and yield the floor. of an objective truth—this statement tion of this country. He is not entitled The PRESIDING OFFICER. The Sen- must be condemned. Even though the to sugarcoat it, and he is absolutely ator from Vermont. Lew budget documents made calcula- not entitled to totally misrepresent it. Mr. SANDERS. Madam President, I tions more favorable than the rosy pro- I examined him. He said we are going say to my friend that he is right when jections of CBO, it still unequivocally to have a primary debt. We are going he said that I oppose the Lew nomina- showed that over the 10-year budget to have a primary deficit. So what is tion also. I oppose his nomination for window there was never a year—not this, a primary debt? Well, we don’t different reasons than he does, and I one year—when we would be able to count interest. I kid you not. The will speak later on that issue. pay down the debt or balance the budg- Budget Director of the United States of From my perspective, at a time when et or not add more debt. America said the statement—as I inter- the middle class is disappearing, when Indeed, over the 10-year period his pret it, and it was not inaccurate—that we have 46 million people living in pov- budget covered, which he was referring he was not counting the interest on the erty, when we have the most unequal to in this document, we would add $13 debt. Did he qualify that when he told distribution of wealth and income since trillion to the total debt of the United the American people that? No, he did the Great Depression, we need a Sec- States. It would almost double it. It not. Did he make any kind of represen- retary of Treasury who is going to

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.027 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S898 CONGRESSIONAL RECORD — SENATE February 27, 2013 stand up for working families and be Recession. And the consequences of following the law. This administration prepared to take on Wall Street. He that are pretty clear when we look at has a record, sadly, of flouting the law needs to be prepared to change our dis- trillion-dollar annual deficits and when of the land, and I will give some exam- astrous trade policies, be prepared to we look at $16.5 trillion of debt which ples. defend Social Security, Medicare, Med- has threatened our economic recovery This administration, of which Mr. icaid, and the safety net that is so im- and job creation. That is the bitter Lew has been an essential member, portant to tens of millions of Ameri- fruit sown from the negligence of fail- has, for example, during the govern- cans. That is my objection to Mr. Lew. ing to produce a budget for 1,400 days. ment-run automobile bankruptcy proc- I agree with my friend from Alabama I realize none of this is maybe as ess—the company’s secured creditors, that deficit reduction is a serious issue. easy as it looks, and I know our Demo- who were supposed to get paid first, Where we disagree is that I don’t be- cratic colleagues have been under con- found they were given less than unions lieve we balance a budget on the backs stant pressure from the White House. were because of politics and flouting of the elderly, the children, the sick, Indeed, the White House itself has long the rule of law. and the poor. reinterpreted the role of its annual As Solyndra was going bankrupt, we I ask my friend to take a look at the budget submissions to Congress from know the administration, rather than Cayman Islands and Bermuda. Take a the governing documents they once letting the private lenders pay for their look at all the corporations making were to now really no more than polit- bad judgment, decided to make the record-breaking profits and stashing ical posturing. As evidence of that, I taxpayers subordinate to those private their money in the Cayman Islands. would point to the fact that the Presi- lenders. For what purpose? To avoid paying dent’s last budget he submitted got We know that last year, because the taxes to the U.S. Government. zero votes out of 99 Senators voting. No circuit court of appeals in the District The Senator and I have met with the Member, even of the President’s own of Columbia has told us so, the Presi- parents of young men and women who political party, would support his budg- dent made unconstitutional appoint- have died in Iraq and Afghanistan, and et proposal last time because they be- ments to the National Labor Relations that is called patriotism. It is not lieved it was not a governing document Board and to now the Consumer Finan- called patriotism when corporations they could support instead of just a po- cial Protection Bureau. That case run to the Cayman Islands to avoid litical statement. hasn’t been decided, but it is impos- paying their fair share of taxes. These are some of the reasons I can’t sible for me to see how the rationale Mr. SESSIONS. Madam President, vote for Jack Lew for Treasury Sec- would be any different from the court would the Senator yield? retary. After all, it was on his watch of appeals’ decision in the NLRB case. Mr. SANDERS. I will. that most of this happened. We also know that last year the Mr. SESSIONS. With regard to the I am also deeply troubled by the fact President waived key requirements of Senator’s views, I am concerned that that in my office as well as in the hear- the 1996 welfare reform law. And to working Americans are not being fairly ing before the Senate Finance Com- help implement ObamaCare, the Inter- recompensed for their work on the mittee, Mr. Lew would not commit to nal Revenue Service has announced American debt. We have gone a long any limit—to any limit—on Federal that it will violate the letter of the law time with no real net improvement in spending. Traditionally, over the last and dispense health insurance subsidies the income, inflation has been higher 40 years or so, the Federal Government through Federal exchanges in those than wages, and Wall Street is doing has spent roughly 20 percent of our States that do not create State-based fine. It seems as though they win gross domestic product. It has been as exchanges. whether things go up or down. I don’t high as 25 percent under the Obama ad- We know that when the 2,700-page be- have any brief for that crowd. I think ministration. When I asked Mr. Lew hemoth known as ObamaCare began to the Senator is right to be skeptical what is the right figure we ought to be be implemented, when some of the sup- about how things are handled on Wall shooting for, he wouldn’t even mention porters—and some of the President’s Street, and I salute my friend for being any figure. So he would not commit to own supporters—complained about it, aggressive in that pursuit. any limit on Federal Government they were issued waivers even though Mr. SANDERS. I thank my friend spending. the rest of the American people had to from Alabama, and with that, I yield He also would not commit to the ad- simply take it. the floor. ministration complying with Federal Finally, the President has again The PRESIDING OFFICER. The Re- law requiring it to submit a blueprint missed the legal deadline for submit- publican whip. for reforming Medicare, known as the ting his own budget for this year. That BUDGET MALPRACTICE Medicare trigger. It is a complex for- was on February 4. In fact, four of the Mr. CORNYN. Madam President, I mula. But if Medicare is in trouble, last five budgets have been late. come to the floor today to mark an- Federal law requires the administra- Simply put, we can’t keep living like other lamentable milestone in the long tion to submit a plan to fix it. Mr. Lew this. We can’t allow this to become a record of deadlines and misgoverning said: We didn’t do it, and we are not precedent for future Presidents and fu- that might be called malpractice over going to do it. ture majorities, regardless of party, to the last 4 years. As we can see, today is I can’t support a nominee who re- rely on. We can do better. We must do the 1,400th day our colleagues across fuses to commit to tackling one of the better. And my 26 million constituents the aisle, who control the agenda on biggest drivers of our debt on the eve of in the State of Texas demand that we the floor of the Senate through the ma- another manufactured fiscal showdown do better. jority leader, have failed to produce a that was actually the President’s and I yield the floor and suggest the ab- budget or even bring one to the floor so the White House’s idea—this sequester sence of a quorum. we could vote on one. For 1,400 days people are hearing so much about The PRESIDING OFFICER. The this body has been truant from one of which is now being used as a means by clerk will call the roll. the most fundamental obligations to which to extract more money from the The legislative clerk proceeded to the American people. American taxpayer. So instead of the call the roll. When they look to see what is hap- Federal Government doing what every Mr. SESSIONS. Madam President, I pening in Washington, DC, they are in- family and every business has to do ask unanimous consent that the order credulous. No family, no small busi- when there is not enough money com- for the quorum call be rescinded. ness, no local government, no State ing in the door, the White House and The PRESIDING OFFICER. Without government, no one except for the Fed- the Democratic leadership are insisting objection, it is so ordered. eral Government, could actually oper- on more from hard-working Americans, Mr. SESSIONS. Madam President, ate without a budget. For nearly 4 after a $600 billion tax increase in De- just to follow up further on the situa- years the Democratic leadership of the cember. tion we face, I talked earlier about the Senate has failed to put forward a fis- Unfortunately, it is hardly surprising critical importance of having honest cal plan to break our economy free that President Obama would nominate numbers. We can disagree on certain from the lingering effects of the Great someone who cannot simply commit to numbers. Mr. Lew predicted that under

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.029 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S899 his budget, last year’s deficit in the and I feel strongly about it. I have budget was coming close to a point 10th year would be about $800 billion. never seen anything like that in my where we could pay for our spending. The Congressional Budget Office, using entire time in the Senate, to have this Excluding interest payments on the na- the same numbers, the same analysis, kind of statement made that is so ut- tional debt—excluding the interest— says it would be 50 percent higher. terly unconnected to reality. the plan would have resulted in $1.5 They said it would be $1.2 trillion. He It wasn’t long after Mr. Lew came to trillion in deficits over 10 years, and was using rosy scenarios. The non- the committee—2 days or 3 days after even more than that when you consider partisan Congressional Budget Office this statement—when I asked him the full interest cost of $7.2 trillion. came out with greater debt numbers about that. I asked him if that was ac- The long-term outlook, with annual in- and more danger for America. curate, and he said: terest payments approaching $1 trillion I am not so much complaining about It’s an accurate statement that our cur- and mandatory spending consuming that, although I think they delib- rent spending will not be increasing the debt over three-quarters of the budget after erately tried to make their numbers . . . We’ve stopped spending money that we 10 years, and growing—entitlement and don’t have. look rosy. What I am complaining mandatory spending absorbing three- about is a fundamental And the lowest deficit is $600 billion. quarters of the budgets—Mr. Lew’s But Mr. Geithner came after this ex- mischaracterization of the budget he comments were not merely misleading, change, and I am sure Mr. Geithner presented and what it would do accord- but I believe qualify to be described as was well aware of what happened in the ing to his own analysis contained in the greatest financial misrepresenta- Budget Committee. Mr. Lew dug his the budget documents he submitted tion in the history of the American Re- heels in and insisted this statement with his budget. public. If someone has a better analysis was true. What did the Secretary of the This is a very important matter. Peo- of it, I would like to hear it. If some- Treasury, Mr. Geithner, say at that ple say: Why don’t you get together in body comes down and says this is a point? I think this is the difference be- Congress? Why don’t you all reach an true statement, I would like to hear tween Mr. Lew and Mr. Geithner. Mr. them say it. I invite all my col- agreement? Well, it is kind of hard to Geithner was former head of the Fed- leagues—members of the Finance Com- reach an agreement when the lead ne- eral Reserve in New York, a man of mittee; lots of them voted for Mr. gotiator for the President, Mr. Lew— some seriousness and gravitas, and he Lew—do you think it is OK to say this? some call him Dr. No—goes around say- wasn’t going to go in there and say Do you think this is accurate? And if it ing: something that wasn’t true before the is not accurate, do you want to pro- We don’t need to do anything; our budget Budget Committee, although he didn’t mote him anyway? Why would you we submitted will get us over the next sev- give it up easily. I had to use all the want to do that? I do not understand it. eral years to the point where we can look the American people in the eye and say, We’re skills I had to pin him down, but when I am not going to support that. Mr. not adding to the debt anymore; we’re spend- I did, this is what Mr. Geithner said. Lew made these representations over ing money that we have each year, and then Even if the budget Mr. Lew put forward and over again. we can work on bringing down our debt. were passed and enacted, Mr. Geithner The President’s next year’s budget in He implies bringing down our total said that ‘‘we would still be left with a 2012, for the 2013 fiscal year, was formu- debt because we are going to have sur- very large interest burden and lated while Mr. Lew was still the Presi- pluses, enough money to pay down the unsustainable obligations over time.’’ dent’s Budget Director and delivered debt. However, according to his own In effect, he said we would be left with while he was the President’s Chief of numbers, the lowest deficit he had was an unsustainable debt path, when Mr. Staff. It similarly was extreme and ir- over $600 billion, and they were going Lew says: Don’t worry, my budget fixes responsible, and it was part of a contin- upward the last 6 years, getting worse, it. And Geithner was talking about this ued campaign to mislead the American and the Congressional Budget Office very budget. people about how it operated, to say it said the last deficit would be $1.2 bil- Writing in the New York Times, writ- was so much better than it really was. Although the White House claimed $4 lion. Unbelievable. So I wanted to con- ing an article, an op-ed in the New trillion in savings, according to the Of- tinue to discuss that. York Times, Mr. Lew said: fice of Management and Budget’s own According to the budget numbers he The President’s budget is a comprehensive data, the 2013 budget would only have put out, his plan would add $13 trillion and responsible plan that will put us on a path toward fiscal sustainability in the next reduced the deficit by $197 billion over in new gross debt to the United States few years. 10 years. They claimed they saved in 10 years, by 2021. That was in 2011. He wrote that in the New York $4,000 billion—$4 trillion—but, in fact, Single-year deficits will never drop Times—totally inaccurate. Does he not it would only have reduced the budget below $600 billion. In 2015 they would respect the American people? Does he by $197 billion over 10 years—virtually start climbing back up to $774 billion. think he can just go and make CNN not changing the debt course of Amer- Over the 10 years total spending would statements and write in the New York ica. And all of those savings—virtually increase—not be reduced at all, of Times and say anything he pleases every one—were from tax increases. course, but increase—by nearly 50 per- about the financial condition of our The spending was not reduced. cent, with mandatory spending alone— country—a financial condition that The White House also pushed the idea not in any way controlled or reformed represents the greatest threat to our that the budget contained $2.50 in or fixed by the Lew budget—mandatory national security, more than any other budget cuts for every $1 in tax hikes, spending would increase by more than threat we have in this world today? while in reality there was a net spend- 80 percent. And mandatory spending That same month, Mr. Lew stated in ing increase above the policy baseline makes up more than half of all the an interview with National Public we were operating under. It spent spending in our government. So on his Radio: more, not less. They claimed there track, by his own budget, by his own If we’re able to reduce the deficit to the were $2.50 in cuts for every $1 in tax projections, by what he believes should point where we can pay for our spending and hikes. That is not true. Overall, from happen, it increased by 80 percent. In invest in the future, that is an enormous ac- current budget levels, spending would fact, entitlements are growing at about complishment. This budget has . . . pro- have increased by more than $2 tril- three times the rate of GDP growth, posals that would do that. lion. the rate of the growth in the economy. And it did not. The budget did not The net result of the proposals con- That is unsustainable. have anything in it that would have tained in the 2013 budget was to bring Do we ever hear that from the Presi- had us pay for our spending. We are the Federal debt up to $26 trillion by dent or his chief budget guy, Mr. Lew, borrowing 36 cents out of every $1 we 2022—an increase of $11 trillion. The who is now expecting to be the Sec- spend today. We are adding debt to our proposed $4 trillion in savings simply retary of the Treasury, the primary, Nation every single hour—and to say did not exist. It was a complete fab- premier economic leader for America? we are going to be paying down the rication. Mr. Lew understood that. He If one can’t be honest about what the debt. helped write that budget. He was the situation is, one ought not to be pro- At no point did Mr. Lew’s own esti- Chief of Staff at the White House when moted. That is the way I feel about it, mate show that the President’s 2012 it actually came to the Senate.

VerDate Mar 15 2010 03:29 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.034 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S900 CONGRESSIONAL RECORD — SENATE February 27, 2013 Once again, a Lew-designed budget Another from : The Denver Post, another large and was presented to the American people Erskine Bowles, the Democratic chairman liberal newspaper, states: in false terms designed to create the of the fiscal commission, said the White Obama called the proposal one of the impression that we were putting Amer- House budget request goes ‘‘nowhere near ‘‘tough choices and sacrifices,’’ yet it does ica on a sound financial path, while we where they will have to go to resolve our fis- not confront entitlements and continues to were doing the opposite—if it had cal nightmare.’’ act as if government spending is the way to passed. He is referring to this. This was on prosperity. And, of course, you say: Well, SES- February 14—2 days after Mr. Lew That is true for sure. SIONS, that is your view. You are the made those ridiculous statements. The San Francisco Chronicle, an im- This is Mr. Erskine Bowles, a man one who is mischaracterizing the Presi- portant newspaper: dent’s budget. This is all partisan. chosen by President Obama to head the In a crucial way, it lacks honesty. Maybe you would think that. I hope fiscal commission and spent a year not. But let’s see what some of the studying our debt problem. The Dallas Morning News, a big other observers around the country How about Investor’s Business Daily, newspaper: said about it when it was released. I am a prominent business publication? But taken as a whole, his proposals rep- not talking about the budget that was The White House’s new budget is far worse resent the third time in 2 months he has described by Mr. Lew in these wonder- than merely bad. By not attacking the un- walked up to the challenge of curbing the derlying cause of our debt explosion and by ful terms. If we had a budget that deficit and more troubling long-term debt raising taxes, it will lead inevitably to a and turned away on leading the Nation back would do that, the American people weaker economy and perhaps even default. from an impending fiscal nightmare. would jump up and down and shout hal- The title of that editorial: ‘‘Obama’s The Philadelphia Inquirer: lelujah. We are not close to it, how- Gutless Budget Proposal’’—a proposal The shortcoming in Obama’s spending pro- ever, as independent observers noted. written by Mr. Jack Lew. Look what these honest observers posal is its lack of strategy for sustained, What about the Wall Street Journal? long-term deficit reduction. said about it. This is entitled: ‘‘The Cee Lo Green The Washington Post, the largest Budget.’’ That is correct. It had none of that in paper here in Washington, said this: it. It goes on to say: After three years of historic deficits that The larger problem with the budget is the have added almost $4.5 trillion to the na- Cutting deficits by $1.1 trillion over a dec- administration’s refusal to confront the hard tional debt, President Obama was finally ade might sound significant. But the non- choices that Mr. Obama is so fond of saying going to get serious about fiscal discipline. partisan Congressional Budget Office has must be faced. Instead, what landed on Congress’s doorstep projected deficits rising $12 trillion over that The title of that editorial: ‘‘President on Monday was a White House budget that time. Obama’s budget kicks the hard choices increases deficits above the spending base- The title of that editorial is ‘‘Still further down the road.’’ line for the next two years. Hosni Mubarak missing the mark.’’ was more in touch with reality last Thurs- What about USA Today, a nationwide The Minneapolis Star Tribune: paper? day night. The flurry of deficit-reduction plans re- President Obama likes to talk about those The Wall Street Journal, the premier leased late last year were supposed to kick ‘‘Sputnik moments’’ when the nation rises to business publication in America. off a national ‘‘adult conversation’’ about difficult challenges like the one posed by the The Orlando Sentinel: the Nation’s metastasizing long-term debt Soviet space program in the 1950s. On Mon- Count us deeply disappointed by the $3.7 problem. day— trillion budget that President Obama un- The day this budget was released— veiled Monday. . . . To really tackle the na- When is that conversation going to he had a chance to turn his . . . budget pro- tional debt, Mr. Obama needs to get off the begin? It certainly didn’t happen on posal into his own such moment. He whiffed. sidelines, and start leading. Monday when President Obama re- The title of that editorial: ‘‘Obama’s The title of that: ‘‘President Obama’s leased his $3.7 trillion budget request budget ducks tough choices.’’ budget plan falls short’’—Jack Lew’s for 2012. The title of that editorial is What about the Financial Times? budget plan. ‘‘Slinking away from U.S. budget re- ality,’’ written by Mr. Jack Lew, Direc- President has unveiled a The New York Daily News: hugely disappointing budget, cutting only a But the bottom line is that [President tor of the Office of Management and few percentage points . . . in projected US Obama is] figuring on reducing the deficit by Budget, who declared it was a wonder- federal deficits over the remainder of this $1.1 trillion over 10 years while his blue-rib- ful budget, totally misrepresenting century. . . . If Mr. Obama will not make bon commission said cutting four times that what it would do. this case, who will? amount is critically necessary. The Washington Post, Dana Milbank: The title of that editorial: ‘‘Deficit of The title of that editorial: ‘‘Obama’s Obama’s budget proposal is a remarkably budget shows failure of leadership.’’ courage.’’ weak and timid document. . . . The Presi- That is absolutely true. It was a failure This is another one: dent makes no serious attempt at cutting of leadership. President Barack Obama rolled out a $3.7 entitlement programs that threaten to drive Another from the Washington Post: trillion budget Monday that promises $90 bil- the government into insolvency. lion in reduced spending for fiscal 2012, but it White House budget director Jacob J. Lew would still produce a whopping $1.1 trillion What about Senator Conrad, who was has told advocates of reform that the White deficit. The best that can be said is that the chairman of the Budget Committee House thinks any significant plan offered by we’ve started to frame the national debate. at that time, a distinguished Demo- the president would simply become a target cratic Senator who retired from Con- for partisan attack. So said the Chicago Tribune. gress and is no longer in the Senate. Then it goes on to quote Alice Rivlin: The Indianapolis Star: Obama has all but ignored the rec- This is what Kent Conrad said, my ‘‘I would have preferred to see the adminis- ommendations of his own deficit reduction friend, with whom I served on the com- tration get out front on addressing the enti- commission. mittee: tlements and the tax reform that we need to reduce long-run deficits,’’ said Alice Rivlin, The headline of that editorial: ‘‘We But we need a much more robust package a commission member [on the deficit com- ignore ‘red menace’ at our peril.’’ of deficit and debt reduction over the mission] who served as budget director in the How about the , a medium- and long-term. Clinton White House. major western newspaper of liberal po- Well, our Democratic leadership in That was Alice Rivlin, a wise com- litical views: the Senate refused to bring up a budg- mentator, a Democrat, but a wise com- President Obama’s budget for fiscal year et. Today marks the 1,400th day this mentator. She went on to say: 2012 landed with a thud Monday, laying out Senate has violated the law of the But they clearly made a tactical decision. short- and long-term tax and spending plans United States and not produced a budg- that disappointed lawmakers on both sides of She meant a political decision. et. It is unthinkable at a time when the aisle. The proposal was a remarkably the debt represents the greatest threat That was the Washington Post. The tame response to Washington’s fiscal prob- title of that was: ‘‘Obama spending lems, not the bold statement about belt- to our country. plan criticized for avoiding deficit com- tightening that the White House had sug- The House has passed a budget each mission’s major proposals.’’ gested was coming. year. That was part of the strategy.

VerDate Mar 15 2010 03:46 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.036 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S901 That was part of the gimmick. Senator single vote. It would not do anything election by spinning the debt situation REID, the Democratic leader, says we to change the debt course of America, in America in a way that is not cor- don’t need a budget; it is foolish to and they were totally misrepresenting rect. have a budget. That was his comment: what it would do. It was a sad moment. Make no mistake, I don’t have proof It is foolish to have a budget even That is where we are. of this. And maybe it is wrong. But it though the law explicitly requires the My question simply would be, Where seems to me this was a campaign deci- Senate to produce a budget. was Mr. Lew in this? He was the archi- sion made in early 2011 that they were What did he mean, ‘‘foolish’’? He tect. He was the architect of the budg- going to say their budget fixed our debt meant if you pass a budget, somebody et, but he was deeply involved in the problems. Why do I state this? Because could criticize you. Somebody could political activities that were going on it was continued periodically off and on look at your spending and taxes, evalu- at this time. It fell to his lot—I am not and was repeated again in a national ate it, and say: We don’t like that. He sure if he asked for it—to come and television ad by the President of the doesn’t fix the debt. It raises taxes too testify before the Budget Committee United States in September 2012 to win much. It doesn’t cut spending. Or it in- and say these kinds of things about it, reelection. ‘‘Our plan pays down the creases the spending too much. Why do these words that will live in infamy. debt,’’ I believe, was the phrase they that? It is foolish. Let’s don’t pass one, Did he just volunteer to do it? Was he used in that television ad. and we will criticize PAUL RYAN, the so much a part of the Obama political That wasn’t true. He didn’t have a young, dynamic chairman of the House interest he would say whatever it takes plan that paid down the debt or didn’t Budget Committee who wrote a budget to promote a budget that wouldn’t add to the debt or put us in a position that passed the House and would have work? to pay down the debt. He never had a fixed our debt problem and put us on a Secretary Geithner, President plan to do that. He didn’t. sustainable course. Obama’s own Secretary of the Treas- You say: That is not correct. I will This was a budget that was com- ury, would not say so. He wouldn’t say ask my Democratic colleagues—this is plimented by Alice Rivlin and Erskine these kinds of things. He tried not to a free country, a free Senate—you Bowles. They may not have agreed to embarrass the administration, tried come down and say if I am incorrect on everything that was in it, but they not to embarrass Mr. Lew. When I this. Show me if I am wrong. If I am complimented him on having integrity pinned him down, he said this still wrong, I will apologize; but I don’t and doing what it said in laying out a leaves us on an unsustainable debt think I am wrong. I have looked at it plan for the future of America. The course; not fixing our problem as was hard, and I don’t think anybody is House passed it. represented. going to come down and dispute what I What did the Senate do? Nada, noth- Now we want to replace Mr. have said fundamentally on the details ing. It was one of the greatest acts of Geithner, a man who was frank in his of this budget document. irresponsibility, I submit, in Senate testimony about the dangers we faced, I thank the Chair for indulging me. history. There are a lot of them out with a man who stood by this kind of I yield the floor and would note the there. This is one in the top group, in testimony and statements. absence of a quorum. my opinion. How could you possibly, at I do believe our country is a bit con- The PRESIDING OFFICER. The a time of crisis, not bring up the budg- fused. I believe we are to the point clerk will call the roll. et? The President submitted a budget, where in politics people think they can The assistant legislative clerk pro- as he is required to do by law, and say almost anything and nobody cares. ceeded to call the roll. every President always has. The Sen- Just say this or say that; if it is not Mr. SESSIONS. Madam President, I ate just decided not to even move one. true, well, so what. I guess it is just ask unanimous consent that the order They say: We will have one this year. I politics. for the quorum call be rescinded. am looking forward to that. It is be- If we continue in that way, this is a The PRESIDING OFFICER. Without hind time, as was the President’s sub- very dangerous trend. It places the en- objection, it is so ordered. mission of a budget. He was late, ac- tire democratic Republic of America at Mr. SESSIONS. Madam President, cording to the law, in submitting that. risk. The whole concept of American the Lew nomination has not received As time went on and the tension rose Government is based on finding the an enthusiastic response in many quar- over the budget and our future spend- truth. This is why you have debate in ters, that is for sure—maybe from the ing program, the Democratic leader in the Senate; open, public debate. The hard left, where he has been an advo- the Senate thought he would be clever truth, the theory is that it will some- cate of some very hard left views and and would bring up Congressman how rise to the top, and it normally some inflexibility when it comes to RYAN’s budget and make all the Repub- will when you have honest debate. You dealing with some of our entitlement licans vote for it—virtually all did; have negotiations on issues, you advo- programs and welfare programs that maybe two or three didn’t—and then cate for your side, and you may begin have been surging out of control. But they would attack them because it had to reach consensus, sometimes at least. this is what some others have said cuts in spending. They are going to How can you reach consensus when about the nomination. say: You don’t like old people. You the person you are negotiating with is Larry Kudlow, a commentator on don’t like children. You don’t like edu- insisting his budget does things it ab- CNBC—who was an economist for the cation. You don’t like this in health solutely does not do? He is doing that Federal Reserve System of the United care, and this will be great. for political reasons, not for the inter- States and a former chief economist at As I said, most Republicans, vir- ests of America. How are you able to Bear Stearns and an employee at the tually all, voted for it. deal with that? Office of Management and Budget, Senator MCCONNELL said: All right, I think this Senate—as a matter of where he was a chief economist—said let’s bring up the Obama budget. Let’s its own integrity to defend the integ- this on the radio not too long ago. I bring up the budget Jack Lew prepared rity of the Senate, and, perhaps, more guess this was written about by Jeff to the floor. importantly, to defend the integrity of Poor, a reporter for the Daily Caller. He forced a vote on the Lew budget. the American people—has a firm and Larry Kudlow explained why President How many votes do you think it re- clear duty to insist that high public of- Obama’s nomination of Jack Lew as Tim- ceived? Zero. Every Democrat voted ficials tell the truth when they come othy Geithner’s replacement to head the against it and every Republican voted before Congress or when they go on na- Treasury Department was a ‘‘nutty appoint- against it. It was brought up in the tional television. He is being paid by ment.’’ House of Representatives. Every Demo- the American people. Was he paid to If you keep up with business issues cratic Member of the House voted misrepresent the budget or to tell the and stuff, you will see Mr. Kudlow on against it and every Republican voted truth about the budget? TV regularly, and he, like a lot of our against it. It happened the next year in He didn’t tell the truth about the commentators, enjoys stirring the pot the 2013 budget. budget. Is there a consequence? We just sometimes, but, as I say, he was a chief Not a single person voted for this promote him to some other high office economist at Bear Stearns and at the budget because it wasn’t worthy of a because he helped the President win his Office of Management and Budget and

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.038 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S902 CONGRESSIONAL RECORD — SENATE February 27, 2013 an economist at the Federal Reserve. FDR’s Secretary from 1934 through tion of a piece of legislation. We are He knows a great deal about the econ- 1945. William Simon, a successful busi- not in normal times. So I am speaking omy. His instinct is what led him to nessman, served as Secretary under a bit earlier than I would have thought call this a ‘‘nutty appointment.’’ Nixon and Ford. He supervised the Na- likely when I took the oath of office on Continuing Mr. Poor’s quote: tion’s economic policies in crisis times. January 3, but I am speaking in par- Kudlow pointed to Lew as part of the prob- So this nominee doesn’t have the ticular because we are not in normal lem. kind of background one would nor- times, and the abnormality of the Part of the problem as to why we mally look for in a Secretary of Treas- times has a huge effect on the Com- don’t have a budget. He said he is part ury, particularly when we are doing so monwealth I am proud to represent. of the problem. poorly economically. We had a big re- In the summer of 2011 Congress Once again citing the Poor article: cession, and we are coming out of it at passed a bill we are now talking about, Kudlow cited Lew’s lack of qualifications a slower rate than we perhaps have a bill dealing with the sequestration as another reason that President Obama’s ever seen other than the Great Depres- cuts of the Federal Government. appointment was ‘‘completely irrespon- sion. There is no precedent I am aware of sible.’’ Mr. Malpass testified at the Budget in congressional history for what is Quoting Mr. Kudlow, the article went Committee yesterday about the Lew- about to happen in 48 hours. on to say this: Obama-Paul Krugman theory of bor- Congress designed a set of punishing, ‘‘You know, this whole thing is kind of rowing money and spending money to nonstrategic, ugly cuts designed to centered around the Senate, which hasn’t stimulate the economy and get us out hurt the economy and hurt individuals done a budget in 1,351 days—so whatever that of the recession. All you have to do is and all—however they voted on that is, four years,’’ Mr. Kudlow said. look at it and see it didn’t work. How bill—did not want these cuts to come And I will just add that today is the much more evidence do you need? into place. So those who voted for the 1,400th day. So that is the advice we have been package in the summer of 2011 did not Continuing the quote: getting there. And this good staffer want the sequester cuts to occur and ‘‘Now the White House might not even sub- quality is what our Democratic chair- believed we would find, through com- mit a budget, and now the White House had man of the Finance Committee, Sen- promise, an alternative; and those who taken the budget director and chief of staff ator BAUCUS, seemed to see in Jack voted against the package in the sum- and put him over the Treasury, where Jack Lew during his recent confirmation mer of 2011 largely voted against it be- Lew is completely—and I mean completely hearings. He seemed to call into ques- cause they did not want these cuts to unqualified to be Treasury Secretary.’’ tion the necessary stature the position occur. He is talking about Lew, and sending requires and whether Jack Lew met So the abnormality of the times is him to be Secretary of Treasury. those standards. This is what Senator this: Never, to my knowledge, in the Mr. Poor goes on quoting Mr. BAUCUS said to Mr. Lew: history of this body, has Congress de- Kudlow, who explains: I’m going to ask you—it’s clear you’d be a signed a punishment that would hurt ‘‘He has no financial experience. He has no great staffer. I’m not talking about being a the lives of regular individuals and international experience. He has no currency great, courageous staffer and telling the that would hurt the economy. It was experience. He ripped off Citibank for a cou- President what you think and don’t think. designed with that knowledge, fully. ple million dollars. He was there for one I’m talking about something else. I’m talk- year. I mean, there’s about a million peo- All hoped it would not happen. Yet we ing about the public perception, the public are within 48 hours of allowing it to ple—give me a phone book, and I’ll find demeanor, representing the United States somebody more qualified for Treasury Sec- across the country and around the world, be happen. retary than former OMB director Jack Lew. able to influence policy in a way that makes The effects this sequester will have This is all of a piece. It is completely irre- sense—most of us would tend to agree with. on the country and the effects it will sponsible.’’ We may differ along the edges, but most ev- have on my Commonwealth are so sig- Well, that is pretty clear, what he ex- erybody in this room agrees that needs to be nificant and severe that I do feel com- presses there, what he believes. And I done. pelled to speak a little earlier than I think that is valuable insight. So even the chairman of the Finance otherwise might have. I would also add Are we just making this up? This Committee, a Democratic chairman, I think the effects of these cuts on this staffer for Tip O’Neill, the Budget Di- Senator BAUCUS, with great experience, institution and the credibility of this rector of OMB before and now Chief of certainly raised some questions about institution are equally severe. Staff at the White House, is he really the nomination. What I wish to do in this speech is qualified to lead the United States of Madam President, I appreciate the basically a couple things. I want to America in addressing the challenges opportunity to speak, and I look for- talk about the effect of these sequester of our time? ward to Senator KAINE’s remarks. cuts, if they happen, on regular people. What about the Secretary of the I yield the floor. I just returned from a tour around my Treasury position? Is that a matter of The PRESIDING OFFICER. The Sen- State and I am just going to share great importance? The Treasury is one ator from Virginia. some stories. I want to talk, with some of the four great senior Cabinet posi- Mr. KAINE. Madam President, I ask data, about the short-term impacts of tions we have—Attorney General, De- unanimous consent to speak as in these cuts on the broader economy. fense Secretary, State, and Treasury. morning business and that the time Third, I want to talk about some long- The credibility of the Treasury Sec- count against the nomination. term impacts, some impacts we are not retary is his greatest asset, and, as I The PRESIDING OFFICER. Without necessarily thinking of right now but have said, this statement raises the objection, it is so ordered. should cause us significant concern. most grievous doubts about his credi- ABNORMAL TIMES Fourth, there is a way to avoid this, bility. Mr. KAINE. Madam President, it is and I want to talk about how we can We have had great Secretaries. Al- an honor to stand here for my first avoid allowing this self-inflicted wound bert Gallatin early on, who was a Swiss speech on the Senate floor. I am hon- to occur. Finally, I want to talk about immigrant, helped create the House ored to be part of this body and to the fact that there is an upside in this Ways and Means Committee and insti- speak where hundreds have spoken be- moment for us. This is not just about tuted the development of the Treasury. fore and thousands will speak after me. avoiding harming people, hurting the Simon Chase from Ohio stood as one of A normal first speech for a Senator is economy. It is not just about avoiding Lincoln’s top aides and was responsible usually a proactive, forward-looking negatives. I think there is an upside for for the civil system of federally char- speech. We are not in normal times. A us and for this institution and for this tered banks. William McAdoo, a distin- normal first speech for a Senator usu- Nation if we do this right. guished businessman, helped create the ally happens much later, after a Sen- Let me begin with my tour around Federal Reserve System. Andrew Mel- ator has been around for a number of Virginia. I am now a brandnew member lon, a brilliant Pennsylvania business- months. We are not in normal times. A of the Armed Services Committee, and man, served as Secretary of Treasury. normal first speech for a Senator is I sit in a wonderful seat following John Henry Morgenthau, Jr., served as often in connection with the introduc- Warner, who was there for 30 years, and

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.040 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S903 Jim Webb, who was there before me. I and about whether the ships we put out said: Protect my job, protect my pro- am no replacement for either of those and we put our people on will be truly gram, protect my priority by making individuals and I have big shoes to fill. ready to do the work they need to do. the cuts in other areas worse. Not one So I decided to take a tour around my At another private shipyard, the person said that. They were asking for State last week and visit the various owner, a small businessman that has a a balanced approach, where there touch points in the Commonwealth shipyard in Hampton Roads, said: I would be pain, where there would be a where we interact with our military have 50 employees. The way the Navy balance of cuts but also revenues, and and our national security. plans to deal with sequestration is to we would try to tackle this in a tar- The map of Virginia is a map of the dramatically reduce maintenance in geted way. military history of this country: York- the third and fourth quarters of the Some statistics and thoughts. These town, where the Revolutionary War year. I am going to issue WARN no- are stories from individuals. Now let’s ended; Appomattox, where the Civil tices to tell 300 of my 450 employees look at the immediate impact on the War ended; the Pentagon, where we they are not going to have a job. I just Virginia economy and on other impor- were attacked on 9/11. We are the most don’t see how I can run this business tant goals: our military readiness and connected State to the military. One in without them, but I don’t have the defense posture. eight Virginians is a veteran—not one business to keep them if these seques- A couple weeks ago we heard at an in eight adults, one in eight Virginians, tration cuts go through. Armed Services Committee meeting from birth to death. Over 100,000 Ac- At a VA hospital in Richmond, the from Secretary Panetta and General tive-Duty Guard and Reserve, DOD ci- VA Corps services are protected under Dempsey as Secretary Panetta was vilians, DOD contractors. By the time the sequester, but they are under hir- exiting in that role. They had just an- we add up all of those and their fami- ing freezes. They compete with private nounced that CENTCOM—the portion lies and military families, we are prob- sector hospitals to hire nurses and phy- of the military that controls the space ably talking about one in three Vir- sicians, and they say that is getting including Afghanistan—wants to have ginians. tougher and tougher to do. They do re- two carriers in the Middle East to I went to the places where Virginians search in Richmond about traumatic project American force to try to pre- work every day, as ship repairers in brain injury, and that research money vent or reduce any dangerous, provoca- private shipyards, as Active Duty on is not protected from sequestration. So tive activities by Iran or anyone else naval bases, as DOD civilians working this research that will help us treat and to protect our men and women in as nurses in Army hospitals, as young our wounded warriors better is in jeop- service, if the need should happen. officer candidates training in ROTC ardy if the sequester goes through. Their military judgment was we needed programs, at VA hospitals. I went It is not just military cuts. In Head two carriers and that force there to around the State, and let me tell you Start, I talk with teachers who are fac- protect them. But about 2 weeks ago, what I heard. ing significant cuts in programs for at- the DOD Secretary said: We are not A few miles from here is Fort Belvoir risk kids, even at a time where, be- going to have two carriers; we are just Community Hospital, one of the pre- cause of the economy, the number of going to have one. eminent institutions that treats at-risk children in their classrooms is Thousands of sailors who were on the wounded warriors. A wounded warrior growing and growing and the number verge of deploying, many of whom had still on Active service being treated of children total in their classrooms is sublet their apartments, put their cars there, his wife sitting right next to growing and growing. in storage, sold their cars, cancelled him, we talked, and she ventured this: On Monday a number of us were at their cell phones, sent families back to Let’s talk about these furloughs of National Airport to talk about the ef- other places in the country to stay these DOD civilian employees. My hus- fect of sequester on something that is with their parents, learned within just band’s nurses are all DOD civilians, fairly basic, the experience of the a very few days it was all being turned and while the sequester protects Active Americans by the millions and millions topsy-turvy. Duty, it doesn’t protect the civilians. who travel every day in the air: longer Having only one carrier in the Middle What is it going to mean to my hus- lines, potentially higher prices. East, maybe nothing bad will happen. band’s medical treatment as he comes This is what Virginians were telling But when the military leadership of back from being wounded, injured de- me as I went to talk to them about the country suggests we should have fending this Nation, if the nurses and what we were doing in Washington and two and we decide, because of budget health professionals at this hospital the likely consequences they were indecision, let’s only have one, that are furloughed 1 day a week? going to see in their lives. Again and sends a message. It sends a message to In the same roundtable, another again, what they said to me was go up our friends, it sends a message to those wounded warrior said to me: Boy, the and find a solution. we would be protecting that our com- economy is really going to suffer if we I went to a bluegrass concert on Sat- mitment is wavering, and it also sends have this sequester. We are going to urday afternoon. I was wearing blue a message to our adversaries that our lose jobs, and the economy could jeans and a Carhartt jacket and I was commitment might be wavering. shrink. I am a reservist. taking an hour off to listen to a set of We heard many bits of testimony He was a wounded warrior as a re- music. I sat next to a guy who ap- that day from General Dempsey and servist, waiting to go back into the ci- peared to be about 80 years old, ramrod Secretary Panetta about how our read- vilian workforce into a job with a Fed- straight, energetic. He was a veteran iness, our ability to respond with flexi- eral agency that does national secu- wearing a cap from his Navy service. bility, gets compromised if we don’t rity. What is that going to mean to About halfway through the set he get this right. me? Is there a hiring freeze? Is there a leaned over to me and he said: Now, I On the National Guard side, I visited pay freeze? Is this a furlough? This know you are here for music. You a National Guard Army called the wounded warrior was wondering about didn’t come here to politic. I said: That Stonewall Brigade in Staunton, VA. his economic future. is right. I am here for music. He said: Here is something interesting. This Na- At the shipyard at Newport News— So all I am going to say is this. There tional Guard combat brigade, the what a good news story. We Americans, is not a single thing you are going to Stonewall Brigade, their first action as we Virginians, we manufacture the do, plus or minus—or not do—that will a brigade was 20 years before the largest items that are manufactured on affect my quality of life. I am fine. But French and Indian Wars. Their first ac- planet Earth—nuclear aircraft car- I am telling you, for the good of the tion as a brigade was in the 1740s. Since riers—in that shipyard. What a wonder- country, you ought to go up and figure then, they have deployed again and ful American example of ingenuity out a way to get people to work to- again to protect Americans. Yet they that is. Yet in looking at these seques- gether and find some deal. were talking about sequestration af- ter cuts, as repairs and other projects So that is what my citizens were say- fecting their ability to train their peo- and programs are being scaled back, ing to me on this trip, just in the last ple. the workers of that shipyard are ask- 2 weeks, at every stop: find a deal, One of the individuals who was the ing about the stability of their work work together. Not a single person commander of that brigade said in a

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.021 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S904 CONGRESSIONAL RECORD — SENATE February 27, 2013 very powerful way: I am going to send Those are the short-term impacts. should pick, or a welder has other ca- my people, and they are going to do Let me talk, for a minute, about some reer options—and all do—and they have their best, but I would rather send long-term impacts because these are to decide which career options they them 100 percent trained than 80 or 85 the stories that aren’t necessarily in pick, we will find it down the road in- percent trained. If we act now after we the newspaper. But as I listened to my creasingly difficult to have the kind of sequester and reduce training, we will constituents last week, they made this talent we need to do the jobs that need be sending people into service 80 or 85 case, and they made it in a way I found to be done to protect this Nation if we percent trained. to be pretty compelling. are not sending them a signal that we Our DOD civilians, the Pentagon has When the decision was announced can find compromise, find agreements, announced it would take steps to fur- about the USS Truman not being de- and provide funding in an appropriate lough 800,000 civilian employees for up ployed, there was a 20-year-old air- way for these critical services. to 22 days a year. In Virginia alone— woman aviator on the carrier who was Here is the good news. The good news one State—90,000 individuals, beginning quoted in the newspaper as saying: I is we can avoid this. In fact, we have at the end of March, early April, will was so excited to be on my first deploy- an obligation to avoid this. I was a lit- face the beginnings of furloughs 1 day a ment for my country. I want to have a tle bit surprised when I came to the week for up to 22 weeks. military career, but I am starting to Senate to learn some things I did not There aren’t many towns and cities think that might not be realistic. know. I thought I was an educated ob- in Virginia that have more than 90,000 We have a whole generation of young server. I was a little bit surprised, for people. Yet we would take all those people who serve in the military, and example, that in the Budget Act that people and put their economic liveli- they are our future generals and Joint deals with how budgets are written, the hood at risk for the foreseeable future Chiefs of Staff and future Deputy Sec- budgets do not even go to the Presi- as we try to figure this out. Let me tell retaries of Defense and Secretaries of dent. It is purely congressional. When you who some of these folks are. These Defense in that leadership corps. They the House and Senate pass a budget are the nurses who treat our wounded have decided they want to devote their and then when it is compromised, it is warriors. These are our air traffic con- future to protecting the Nation. But purely congressional. Appropriations trollers who keep us safe in the air. what is happening in this building is acts of course go to the President for Think of those individuals and the fact making them believe maybe this is not signature, but they never get there un- that they are trying to make a living a realistic career choice. less Congress does them. for their families and they are trying I spoke to ROTC students at the Uni- So while everyone has a responsi- to do good service for their fellow Vir- versity of Virginia. These are folks on bility to try to make this right, and ginians and fellow Americans and then the verge of commissioning as officers the President and his team definitely multiply that by 90,000, and that is just in all four primary service branches— have a responsibility, this is a congres- one State’s worth. Army, Marine, Air Force, Navy—and I sional constitutional responsibility. We all want a vibrant private sector. spoke to them last week and one of There is a unique legislative preroga- We all think the private sector being them said this to me. I found this very tive for us to get this right and for us strong is the key to economic growth. chilling. to avoid the self-inflicted damage to The estimate of most economists is I am training to be an officer because I the economy and to people that every that Virginians, because of sequestra- want to serve my country and guess what, I last person who voted was sure would tion and reductions to private con- am willing to put myself into harm’s way to not occur. Again, I say we are in a tracting, would stand to lose up to known hostilities and unknown hostilities in unique situation where we have de- the world, to serve my country. But I have to signed a punishment and we would 200,000 jobs, 137,000 on the defense side ask myself, am I willing to put my career at and nearly 70 on the nondefense side. risk by making a career choice to pursue a allow that punishment to affect indi- The Newport News Shipbuilding com- path when I do not have confidence that the viduals and our economy. I do not pany that I announced earlier, the civilian political leadership of the country think there is a precedent that would largest industrial employer in Virginia, has a commitment to me and to my col- be similar in the history of this body. is preparing to shrink; facing smaller leagues? In order to address it, we have to find ship repairs and having to issue WARN Being willing to face hostilities and a balanced approach, as my citizens notices to their employees. We see this enemy fire—they signed up for that. were telling me, and not gimmicks. No all over the Commonwealth. But as they think about their military more sequester or supercommittee, no Educators. Virginia stands to lose $14 careers, whether they would do their 4 more continuing resolution. There is a million in funding for primary and sec- years and leave or whether they would process. We should follow that process. ondary education, and this is funding make a career out of it, the message we The process involves compromise. The that is targeted. It is targeted to fund- send from this building and this Cap- process involves listening. And we need ing to the most disadvantaged stu- itol about whether we are committed to do it. dents, title I funding. One hundred to them is one of the factors they uti- I will say one more thing about why ninety teachers’ jobs are at risk and lize to try to make their decisions. it is important that we do it, and not about 14,000 fewer disadvantaged stu- Similarly, students around this Com- just for the economy. A lot of people dents will receive these services. In a monwealth and country who are think- think we are broken. I was struck in particular passion of mine, Head Start ing about being early childhood edu- talks to some of my citizens that for as and early childhood education, 70,000 cators would wonder about the future many people as do not like the current students nationally will lose their of early childhood or Head Start pro- President, no one says to me that the spaces in early childhood education grams. In a really funny interchange Presidency as an institution is broken. Head Start because of the sequester; with some welders and the president of For as many people as do not like this about 1,000 of those are in Virginia. the shipyard, the Newport News Ship- or that decision of the Supreme Court The statistics are grim, and these yard, which is run by Huntington or the judiciary, no one says to me aren’t just numbers on a page or num- Ingalls, he said: If we do layoffs or they think the judiciary is broken. But bers in a budget book. These are par- scale back and we lose nuclear engi- the third branch of government—really ents who are sitting at a kitchen table neers for the subs and carriers, they the first branch of government, we are already worrying about how to make can find other jobs. In fact, the presi- first in the Constitution, the legisla- ends meet and finding that they are dent, Mike Petters, a good friend, said: tive branch—many people look at this going to have 1 less day of work every It is easier for this company to replace potential sequester and other similar week, potentially, for the next 20 me, the CEO, than it is to replace a nu- things and they worry about whether weeks or people who spent their lives clear engineer. we are broken. So we not only have a in shipbuilding and they are going to But if our commitment to ship- constitutional obligation to fix it, we be given WARN notices, with no clear building and ship repair and ship refurb really need those of us, and all of us indication of when their company or is questionable and a nuclear engineer who care about this institution in the other companies might start hiring has other career options and they have Capitol, we have to do our part to fix again. to analyze which career option they it.

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.022 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S905 The good news is that we can. Let me cause everything is not worth every- whelmingly Republican House of Dele- show you what we have done already thing else. They are targeted spending gates, 2 to 1, and a Republican Senate— by way of dealing with our fiscal chal- cuts, the right kind of spending cuts. it is a split Senate 20–20 but there is a lenges, and especially tackling deficits So, for example, this body last summer President who breaks ties who is a Re- so we can try to get our balance sheet voted on a farm bill to reduce signifi- publican Lieutenant Governor so it is a more in control. I have three very sim- cantly farm subsidies. It was bipar- Republican majority body—Republican ple charts that are pretty easy to fol- tisan, Democratic and Republican Governor and Republican legislature low. votes. That bill died on the House side, decided to do something to benefit the Congress, both Houses, and the Presi- but that notion that we can save economy and here is what they did. dent, have taken thus far, 2010 to now, money and that we should, that had bi- They did a package of $880 million of steps that have reduced the deficit partisan support, that is in the spend- revenue for transportation, annually going forward over a 10-year period by ing cuts component of the package we when fully phased in, and 80 percent of about $2.4 trillion. This is how this has will talk about tomorrow, and that is the package is new revenue and 20 per- been done. I get no credit for this be- the Democratic approach. cent is spending cuts in general fund cause this all happened before I got Is it magic? No, it is not magic. You programs that would be repurposed to here. This is what Congress has done might argue about the ratio. You transportation. over the last couple of years to reduce might argue about the items. But the For them to do that, they had to our deficit path and bring us closer to key to it is, just as what we have done make a hard decision. For them to do balance to the tune of $2.4 trillion. We so far to reduce the deficit by $2.4 tril- something that was balanced, because have done spending cuts of about 60 lion has been a balanced approach, the an individual whose name is often men- percent of the total. Because of some of approach we will vote on tomorrow on tioned in Washington, Grover Norquist, these other actions, we have been able the Democratic side is a balanced ap- said can you not do this without vio- to project a savings in interest pay- proach. lating your pledges, and others said it ments of another 14 percent. And with There is also a Republican approach, would be anathema to ever raise a tax the decision at year end on the expira- or approaches. It was a little bit un- or fee and it will be politically dam- tion of the Bush tax cuts and the bipar- clear as I took the floor whether there aging and it will be economically tisan compromise that resulted, we will be a single bill or multiple bills. wrong, and a Republican Governor and have put in new revenue of about 26 But the GOP approach to this, which a Republican legislature looked at percent of this total. All you have to they laid on the table and which we them and said: The right thing to do to know from looking at this chart is it is will also debate and vote on, is, as you benefit our economy is to take a bal- balanced. will see, all spending cuts. They might anced approach. And by an over- We could argue the ratio. We might be different spending cuts from those whelming majority in both Houses, like it more red, more green, more in the sequester. In the context this supported by Republicans and Demo- blue. We could argue about the ratio. will emerge. But there is no revenue in crats and celebrated with excitement But it is a balanced approach of rev- this approach. It is not a balanced ap- by a Republican Governor, this is what enue, of spending cuts and of interest proach, and I argue, based on what we happened, 90 miles from here a few savings. That is what we have done al- have already done with the $2.4 tril- days ago in order to benefit the econ- ready, and I give praise to the Members lion, the right way to do this is to do omy. of Congress and the President who have it in a balanced way. That is the right A transportation package is not a been able to take that step. thing for the economy. It is the right precise analog to what we are wrestling But we all know we have more to do. thing to soften the effect of these cuts. with here, but it is pretty close. This So now that test is before us and that It is the right thing to make sure that was a step that was taken to benefit challenge and chore is on our table. We people’s lives are not needlessly turned the economy. It was done in a balanced have more to do and there are two al- topsy-turvy. way. We are faced with a fundamental ternatives we will likely be debating Can we save? Sure we can, and we decision about whether we are going to and voting on within the next couple of should. But you cannot fix a balance benefit the economy or whether we are days in this body, a Democratic ap- sheet on just one side of the balance going to intentionally allow something proach and a GOP approach to how do sheet. You have to look at both sides of to happen that will hurt the economy. we do more. That is because most the balance sheet, and I think that is I think the lesson for what happened in would agree if we have done about $2.4 what we will be debating over the next Richmond is the economy benefits trillion of deficit reduction already couple of days. from a balanced approach and an im- that we need to do about another $1.5 I have been thinking about this, and balanced approach is not going to be trillion or so over the course of the the last thing I will say before I close the way we get to a solution that is next 10 years. We will be voting on one and talk about an upside is, when I was good for the economy and good for peo- proposal tomorrow that has been ad- home in Richmond over the weekend ple. vanced by the Democratic majority. after this week-long tour, knowing we The last thing I will say is this. Much That says we will additionally close would be coming here today to debate of my discussion has been about trying our deficit over the course of this year. about these proposals, something hap- to avert bad things—people being fur- We will do it in a way that will push us pened in my hometown that I want to loughed, people losing their jobs, small forward to finding a bigger solution. recommend to the contemplation of ship repair yards potentially having to And we will do it in a balanced way: 50 my colleagues here in the Senate. Vir- close, wounded warriors not having the percent through new revenue, closing ginia had been wrestling for two or nursing care they need, students eligi- some corporate tax loopholes that have three decades about what to do about ble for Head Start not being able to go outlived their usefulness, raising rates transportation because it would be into classrooms, Guards men and at the top end for a very few Americans good for the economy for us to invest women not receiving the kinds of who can afford it. I talk to Virginians in transportation. training they need to go into the field and they know we can afford it. So 50 I will be candid and even sheepish. I and be fully prepared—much of what I percent of our additional deficit reduc- was the Governor of Virginia and I have described has been about trying tion would be on the new revenue side strived for 4 years to get my legisla- to avert negative consequences. and 50 percent would be on spending ture to do something meaningful, to in- But the best part of all is I think we cuts—spending cuts, many of which vest in transportation, and aside from are in a unique moment where it is not have already been agreed to in this a few modest wins here or there I never just about averting the negative. I body. was able to convince my legislature to think we can do something that will One of the core kinds of spending do what I thought needed to be done. have a positive effect, that will avert cuts—and it is important here—the Saturday in Richmond, 90 miles from negative consequences, certainly, but spending cuts in the proposal we will here, 4 days ago, my Republican Gov- by getting some certainty and by show- vote on tomorrow are not across-the- ernor, Bob McDonald, a friend, a Re- ing a spirit of compromise and coopera- board pain for everybody equally be- publican House of Delegates, over- tion, we will be sending a message from

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.023 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S906 CONGRESSIONAL RECORD — SENATE February 27, 2013 this body that will have a positive ef- ple and would harm our economy. That they decided they weren’t going to fect on the economy. is the moment we are in right now, a change the tax-and-spend and deficit There are some who see signs of the moment to make a decision. policies of the United States, but they economy showing some strength. The The decision is, Do we allow our- knew that wasn’t going to be popular stock market is doing pretty well. It is selves to drift in a way that hurts peo- after 2010’s shellacking of big-spending a bit volatile every day, but where are ple or do we choose a balanced ap- politicians. So what did they decide to we on the stock market? We are doing proach that will help people, strength- do? They decided to prepare a budget pretty well. There was news about the en the economy, strengthen our budg- that made no real change in the spend- housing prices and housing market et, strengthen our ability to create ing trajectory of America, continuing coming up. Consumer confidence has jobs, and strengthen the reputation of us on, as Secretary Geithner said just a been stronger than expected. These this body? few weeks later, an unsustainable have not yet congealed into the trends Thank you. course, while telling the American peo- we hope to see, but there are signs and I yield the floor. ple they did what they wanted. there is evidence that we have an econ- The PRESIDING OFFICER (Mr. As I indicated earlier, this budget he omy that is ready to achieve some lift. HEINRICH). The Senator from Virginia. presented never had a single year in If we look at our global competitors, CONGRATULATING SENATOR KAINE the 10 years of that budget in which the we see that there are some weaknesses. Mr. WARNER. Mr. President, I rise deficit fell below $600 billion. That is This is a lesson I heard preached again very briefly to commend my friend of larger than any deficit President Bush and again by my senior Senator as he 33 years for his maiden speech and ever had in his 8 years, and it was talked about global economies around thoughtful exposition of the challenges going up during the last 5 years. They said the deficit would go up the world. Senator WARNER talks about which face our country. I have had the $740-some-odd billion in the 10th year. how Europe and the Euro Zone has its opportunity to know and work with The Congressional Budget Office took challenges, the Japanese economy has TIM KAINE since we were in law school their very same proposals—the inde- its challenges, and the Chinese econ- together. There is no one who is bright- pendent CBO—and concluded that it omy has not been quite as strong as it er; there is no one who brings more re- would be $1.2 trillion in the 10th year, had been. Our major global competitors lentless optimism to any challenge. He in debt—a totally unsustainable debt are not just clicking on all eight cyl- is going to be a great addition to the course and getting worse in the outer inders. Senate. If we do something right now, it will years. I know so many colleagues from both So I am very much of the belief that send a message throughout the econ- sides of the aisle have come to admire omy that we are not only open for busi- this Senate should not accept a man his intellect, his fairness, and his will- for the Secretary of the Treasury, to ness, but there is a balanced approach ingness to always do the right thing. I that can be reached by a Senate and a promote him to that august position, just wanted to rise briefly to commend who makes this kind of representation Congress that is willing to work to- my good friend. I know it is his first gether and put country first and do about the budget he prepared as Direc- speech, but it will not be his last. tor of the Office of Management and what is right for the economy. I think With that, I yield the floor. we have every reason to believe we will Budget. The budget got zero votes in The PRESIDING OFFICER. The Sen- the House twice and zero votes in the not only avert the negative con- ator from New York. Senate twice. It has been panned by sequences I spent the last half hour Mr. SCHUMER. I would like to add editorial boards all over America. He talking about, but we will take those my congratulations to the junior Sen- has been at the center of the political positive trends in the economy and put ator from Virginia for his maiden financial maneuvers of the Obama Ad- some more healing into the economy. speech. We knew when he decided to We will see some more lift that could ministration from the beginning. run that he would be an outstanding A lot of people are wondering why an be significant. We will see more of that Member. As his speech showed, he is agreement hasn’t been reached around cash that is in bank accounts invested living up to those high expectations. here: Why don’t you agree? It is hard to back into the American economy. We His speech was thoughtful, relevant, agree if the man you are negotiating will put some distance between our- and showed both sides of the issue. with is as out of contact with reality selves and some of our other global That is the kind of trademark the jun- as the Wall Street Journal said of competitors. This is what is at stake ior Senator from Virginia has, and we Hosni Mubarak shortly before he fell in for us if we get this right. look forward to working with him in Egypt. So I am baffled by it. It should be enough for us to do the the future. I wish to share now a few more right thing and find a balanced ap- I yield the floor. thoughts about how this sequester we proach to avoid hurting people and to The PRESIDING OFFICER. If no one are talking about so much now hap- avoid hurting the economy. We will not yields time, the time will be charged pened, how it came about, and Mr. only get an additional benefit if we act equally to both sides. Lew’s role in it. In fact, he designed it. in a balanced way—because I believe Mr. SESSIONS. Mr. President, I wish He proposed a budget later in February we will avert those consequences—but to continue to share my concerns 2012 that would eliminate it, and now we will see our economy lift in a more about the appointment of Mr. Jack he denies ever creating it in the first accelerated way. Lew to be the Secretary of the Treas- place. From Bob Woodward’s book—he I will conclude by saying this: This is ury of the United States, one of the studied this carefully and talked to a moment where we have a choice to four senior Cabinet positions that are people, and I saw him on television this make. I was with Leader REID an hour so important to America. morning being quite firm about this. or two ago, and we sat through a beau- I have delineated how he proposed He has written a recent op-ed piece ex- tiful ceremony where a statue was un- the budget in 2011. He announced on plaining the situation. veiled of Rosa Parks. One of the speak- CNN and several other Sunday morning This is what Bob Woodward said in ers talked about a very humble and pe- shows—this is when he was going to in- his book ‘‘The Price of Politics’’: destrian setting where she had a deci- troduce the budget the next day, and Lew, Nabors, Sperling and Bruce Reed, sion to make. The decision was, Do I he was giving a preview of it. Biden’s chief of staff, had finally decided to just do what has always been done? Do ‘‘Our budget will get us, over the next sev- propose using language from the 1985 I just kind of keep drifting into a situa- eral years, to the point where we can look Gramm-Rudman-Hollings deficit reduction tion that I know is unjust and unequal the American people in the eye and say, law as the model for the trigger . . . It would or do I decide to do something dif- we’re not adding to the debt anymore; we’re require a sequester with half the cuts from ferent? spending money that we have each year, and Defense, and the other half from domestic We are drifting toward something then we can work on bringing down our na- programs. tional debt.’’ Later in the negotiations, Obama adviser that is very bad, something that Mem- David Plouffe reportedly said that he bers of Congress believed strongly Now, that would be a thing to cele- couldn’t believe that Republicans were going when the bill was first put in place brate. But I am convinced that he and to agree to any deal with sequester as a trig- should not happen and would harm peo- the White House officials had met and ger.

VerDate Mar 15 2010 00:14 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.024 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S907 Who started this? According to Mr. Budget Committee, and Mr. Lew was a The other annoying factor was Jack Lew, Woodward, no doubt about it, it was deputy in President Obama’s OMB of- who tried to explain why the Democrats’ Mr. Lew. fice. Mr. Kasich reportedly told Presi- view of the world was right and the Repub- In a recent op-ed in the Washington dent Obama’s economic adviser Gene licans’ wrong. Post, Bob Woodward quoted Lew in Sperling at the White House that Lew Look, when you are in a negotiation, saying this: ‘‘did not know how to get to yes.’’ That it is not the time to have an argument There was an insistence on the part of the is Kasich’s view of it. over what your world view and my Republicans in Congress for there to be some A recent National Journal article on world view is. What you have to try to automatic trigger . . . [it] was very much Lew quotes former Senator Judd do is find out: Aren’t there some things rooted in the Republican congressional in- Gregg, who chaired and was ranking we can agree on that are consistent sistence that there be an automatic measure. member on the Senate Budget Com- with both our world views and get us in Woodward went on to say: mittee, of which I am ranking member a position so we can reach an agree- The president and Lew had this wrong. today. Judd Gregg, a highly respected ment to save the Republic from finan- That is what I just read about him Senator who didn’t seek reelection and cial disaster. saying the Republicans insisted on it. remains a very valuable contributor to Why would not the Office of Manage- Mr. Woodward said in his piece: the national discussion on debt and ment and Budget Director, unless he The president and Lew had this wrong. My spending, said this: believed this bogus, phony statement— extensive reporting for my book ‘‘The Price ‘‘He’s like a labor-union negotiator. He’s of Politics’’ shows the automatic spending which he does not; he knew it was not not going to give you an inch if he doesn’t accurate—why would he not want to do cuts were initiated by the White House and have to . . . He’s a true believer in the were the brainchild of Lew and White House causes.’’ something historic and try to get congressional relations chief Rob Nabors. Well, that is apparently what we America on a sound course? It was Was Mr. Lew correct in insisting have been having because we can’t ever within the grasp. somebody else did it, or he and the get to an agreement that would do So Mr. Woodward goes on: White House? something significant. ‘‘Always trying to protect the sacred cows Furthermore, on Senator BURR’s The same National Journal article of the left,’’ Barry Jackson said of Lew, questioning of Lew at the February Fi- went on to say: going through Medicare and Medicaid almost nance Committee confirmation hear- By causes, Gregg means Medicare and the line by line while Boehner was just trying to ing, Woodward says: rest of the social safety-net. These are the reach some top-line agreement [on what they [Senator] Burr asked about the president’s progressive ideals close to Lew’s heart, could do]. statement during the debate, that the Re- friends and former colleagues say . . . It was a very unsatisfactory situa- publicans originated it. So Medicare, Medicaid, and food tion. An agreement that could have That is, the sequester. stamps have been growing at very been reached, I think, was not reached. Mr. Woodward writes this: rapid rates, and they are very large And you keep looking around for fin- Lew, being a good lawyer and a loyal presi- programs. And all of them, every pro- gerprints about how it fell apart, and it dential adviser, then shifted to denial mode: gram, can be examined, looked at, and looks as though Jack Lew was the per- ‘‘Senator, the demand for an enforce- we will find waste, abuse, fraud, mis- son doing that. ment mechanism was not something management, and they can be reduced. Mr. Lew is ideologically driven very that the administration was pushing at But Mr. Lew said no. strongly. That has become more clear When it came to the sequester, let that moment.’’ as I have looked at the data and re- me remind my colleagues that food That is how he handled that in the searched his background. committee. Did he give a straight an- stamps, which have gone from $20 bil- During the 2011 debt ceiling negotia- swer? No. lion in 2001 to $80 billion in 2012—11 Then, during the negotiations for years—went up four times. There is no tions, Lew reportedly would not enter- compromise that people had been hop- way to make that program better? We tain even an idea by Senate Repub- ing would happen for really the first 4 have the inspector general finding licans that included any reforms to years of President Obama’s administra- fraud in some of these programs. Med- Medicaid. Everybody knows Medicaid tion because we are on an icaid has been rising well above the has to be reformed. This is a health unsustainable path, and it is not going economy’s growth rate, and it defi- care system for poor people. Governors to be fixed without leadership from the nitely has the potential to be reformed all over America are up in arms about President—if he opposes it, the Demo- and made more efficient. Not a dime Federal regulations and restrictions. cratic majority in the Senate will not was cut from food stamps. Not a dime The program had been surging in cost. pass it. You can put that down. They was cut from Medicaid. Only 2 percent It needs to be evaluated and improved. have not bucked him one time and was obtained from Medicare, but it was It has to be. It had no changes whatso- won’t buck him on a comprehensive fi- taken in a way that just cut the pay- ever in sequester because Jack Lew nancial settlement to put America on a ments to doctors and hospitals, which said no. sound path. We have seen that the is not going to be able to be main- The publication reported whole time. We have Senators meeting tained much longer, experts tell us. that ‘‘Democrats and progressives’’— and talking and indicating they might What kinds of examples do we have progressives are, apparently, not lib- agree, but fundamentally they are from Bob Woodward’s book ‘‘The Price erals. Progressives are folks who—I do looking over to 1600 Pennsylvania Ave- of Politics’’? This is what he says: not know. One of the things progres- nue. They don’t want to break rank [Brett] Loper [House Speaker John Boeh- sives do is they tend to be postmodern with the President. That is just the ner’s policy director] found Lew obnoxious. and they pretend not to pay much at- The budget director was doing 75 percent of tention to the meaning of words. They way it is. the talking, lecturing everyone not only So Lew was now the top negotiator have an agenda, in my observation, and about what Obama’s policy was, but also why they interpret the Constitution or the for President Obama. He has been it was superior to the Republicans’. laws of the United States—well, they called an ‘‘obstructer of compromise.’’ That is Woodward’s take. He goes on are more flexible. What do you want it Reportedly, more than any other per- to say: to mean today? They are not into the son in the room, Lew sabotaged agree- [Barry] Jackson [Boehner’s chief of staff] ment. Jack Lew has a long history of found Lew’s tone disrespectful and plain meaning of words so we can have showing a failure to compromise on the dismissive. a common understanding of what peo- drivers of the debt, the kinds of spend- He goes on to say: ple mean when they sign an agreement ing programs that are out of control, Lew was incredulous when he considered or pass a law. and we have to look at them. We can’t the Republican proposal as a whole. The Anyway, Politico reported that have fundamental, large programs changes they were considering sounded sim- ‘‘Democrats and progressives’’ were growing at three times the rate of the ple. But the speaker’s office was laying down ‘‘cheering Office of Management and GDP, three times the rate of the econ- general principles and looking to apply them Budget Director Jack Lew’s promotion to extremely complex programs. The devil to White House chief of staff, saying he omy. was always in the details. Going back a long time ago, when Boehner was sick of the White House meet- has a decades-long history of pro- Speaker Gingrich and now-Ohio Gov- ings. It was still mostly the president lec- tecting entitlement programs—espe- ernor John Kasich—Kasich chaired the turing, he reported to his senior staff. cially Medicaid—

VerDate Mar 15 2010 02:02 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.042 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S908 CONGRESSIONAL RECORD — SENATE February 27, 2013 It goes on. Politico reported that: reducing the deficit. I was on the Simp- looming impact of the sequestration on Lew played a crucial role in protecting son-Bowles Commission, nominated by the Department of Defense will be sig- Medicaid from the across-the-board cuts that Majority Leader HARRY REID. I served nificant. Indeed, contractions in de- would take place if the supercommittee with 17 others—6 by the President, and fense spending are already impacting didn’t get a deficit deal—which it didn’t. 6 each from the House and the Senate, the national economy and are affecting When Senate Minority Leader Mitch McCon- Democrats and Republicans equally di- operations for our men and women in nell’s aides pressed for including Medicaid as vided. We considered the deficit crisis uniform at home and overseas. part of the sequester during a last-minute conference call, Lew shouted, ‘‘The answer is facing America. And it is serious. We For the first time since the spring of . . . No, no, no!’’ borrow 40 cents for every $1 we spend. 2009, the Department of Labor reported That is unsustainable. No family could that the U.S. economy actually shrank So this has not been a healthy situa- continue with that kind of a regimen, by one-tenth of 1 percent. That is tion. This country is now in a fix. We no company could, and certainly no na- largely due to a 22.2-percent decrease have the sequester that is hammering tion can. in national defense spending. us and disproportionately and unwisely So we have to have deficit reduction, The Department of Defense has al- mandating cuts on the Defense Depart- but we need to do it thoughtfully. ready implemented a civilian hiring ment. First, we do not want to do it too freeze and is eliminating 46,000 tem- We can do better than that. Mr. Lew quickly. I just met downstairs with a porary jobs. wanted that. He got that. Maybe he group from Illinois. They are civic and Last week, the Congress was notified knew all along the White House was business leaders from the Quad Cities that the Department of Defense will not going to agree to the things that area in western Illinois. We talked notify 800,000 civilian workers they are would make this system work better about the fact that we are in an eco- about to be laid off. These workers will and maybe, therefore, put us on a nomic recovery but a slow one, one not be paid one day a week for the rest sound path and, he was quite happy to that is taking hold but slowly. We need of the year. That equates to a 20-per- have the Defense Department—one- to take care that whatever we do does cent reduction in their income. sixth of the government—get half the not jeopardize economic recovery. These civilian and temporary cuts and happy to protect huge seg- Right now, downtown the Federal workforces are not just bureaucrats at ments of the government from any Reserve Board is trying to keep the the Pentagon. In fact, 86 percent of the cuts. economic recovery moving forward and workforce I am describing resides out- Well, you cannot cut our interest jobs created. The way they are doing side of Washington, DC. These are ci- payment. We do not want to cut Social that is keeping interest rates low, so it vilians working for our Department of Security, but need real reform that is cheaper to borrow what is needed for Defense who literally fix the equip- puts the program on a sound basis. a home or a car or a business. That is ment in our depots and arsenals. They So that is how we got into this fix. not good news for senior citizens on are teachers for our schools, training I would say to my colleagues, if you fixed incomes who want to see higher the children of military families, coun- believe the President’s budget that Mr. interest rates. But what they are try- selors, police officers, medical profes- Lew submitted on CNN on February 12, ing to do is fuel capital and business sionals, blue-collar wrench turners and 2011—if you believe he was correct to expansion. That is the Federal Reserve. maintainers at our military bases. say: ‘‘Our budget will get us, over the Meanwhile, what is going on in Wash- The impact of sequestration is al- next several years, to the point where ington, not too far away from the Fed- ready being felt not just here in this we can look the American people in the eral Reserve—a few blocks away at the country but overseas. I just returned eye and say we’re not adding to the Capitol—is the opposite message. What last week from a whirlwind tour—I am debt anymore; we’re spending money we are hearing from Members of Con- still recovering—over to Africa to visit gress is that we need to cut spending. that we have each year, and then we Uganda, Djibouti, and then into the Cutting spending at this moment in can work on bringing down our na- gulf into Bahrain. time means cutting jobs at this mo- tional debt,’’ then you should vote for I saw firsthand the men and women ment in time, which means fewer peo- him. If you think that is a true state- in uniform who are defending our inter- ple paying income taxes and more peo- ment, I would like to have somebody ests, pursuing our missions, and the ple drawing government benefits. That explain to me how it is true. And if it impact of sequestration. In Uganda our is not the recipe for economic expan- is not a true statement, should not the U.S. military is currently training Congress of the United States, the U.S. sion. So at opposite ends of Washington, Ugandan military forces to take down Senate, stand up and say we cannot ac- a notorious leader of the Lord’s Resist- cept high government officials giving we have contrasting approaches to the current economy. We are neutralizing ance Army, Joseph Kony. They are us this kind of answer? making significant progress; however, With his budget, the lowest deficit we all of the work being done by the Fed- eral Reserve and by our austerity pro- their mission is so important to in- would have had is $600 billion. We creasing stability in a difficult portion would have added $13 trillion to the na- gram here when it comes to our budg- et. And what is about to occur on Fri- of the world, and it could be sacrificed tional debt over 10 years and main- day is an across-the-board spending to a sequester. tained, as Secretary Geithner said, this cut. People say: Fine, cut spending. In Bahrain, home of the Navy’s Fifth Nation on an unsustainable debt But it is also a cut in jobs—jobs in the Fleet, I met with ADM John Miller. He course. civilian sector as well as the public took me on these ships, and I met with Mr. President, I see my colleague, sector. And that, to me, is short- our great sailors, the men and women the assistant Democratic leader, Sen- sighted. in our naval forces who are keeping ator DURBIN, and I yield the floor. We need a deficit reduction plan that America safe and watching some of The PRESIDING OFFICER. The Sen- is sensitive to the state of the econ- America’s most threatening enemies. ator from Illinois. omy, that invests at this moment when They have already cancelled deploy- Mr. DURBIN. Mr. President, I thank we need it, but makes certain we are ment of a second aircraft carrier to the my friend from Alabama for yielding going to be reducing spending in the gulf. We were going to have the Tru- the floor. outyears. We are doing just the oppo- man come to the gulf and supplement SEQUESTRATION site. We should build on the $2.5 tril- our naval forces in the Fifth Fleet. It I rise today to join many colleagues lion deficit reduction we have accom- has been cancelled because of seques- who are expressing concern over the plished in the last several years with tration. Why? Because the Navy had to impact that sequestration is going to President Obama. But we need to do it hold the Truman in reserve to save the have on America and on my State of Il- thoughtfully, to ensure that all the na- money. This is just one example of how linois. tional priorities—such as defending our you can’t contain the effects of seques- We are just days away from a budg- Nation, education, and health care— tration. So there will be one carrier etary perfect storm that we created. can succeed in the 21st century. out there protecting our men and We have to come together to have a As the new chairman of the Defense women in uniform. There should be more balanced and sensible approach to Appropriations Subcommittee, the two; that is the safest thing to do. Due

VerDate Mar 15 2010 02:02 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.044 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S909 to the budget cutbacks that will not be ciated most closely with a hollow IL. At that base, the Rock Island Arse- possible. force, the combined effect of sequester nal in the Quad Cities and Air Guard As Secretary Panetta stated re- and a yearlong CR will leave a shortfall units across Illinois—Springfield, Peo- cently, the Pentagon is facing a perfect of over $40 billion in the last 7 months ria—the effect is going to be signifi- budget storm—sequestration nearly of this year. cant: 15,000 civilian personnel in Illi- halfway through a fiscal year coupled As the department protects nois will be furloughed for 22 days over with a potential yearlong continuing warfighter needs in Afghanistan and the next 7 months, essentially a 20-per- resolution. If sequestration isn’t avert- troop pay, as they should, the impact cent pay cut. That means $52 million is ed—it goes into effect on Friday—it necessarily falls disproportionately on coming out of the pockets of those will impose senseless across-the-board the rest of the Department, no matter working families in my State who are cuts on almost every account in the how important their mission. trying to get through the worst reces- Department of Defense as a result of For our troops, sequestration will sion we have had in decades. Congress’s inability to devise a more mean an immediate impact on training About 1,500 of these civilian fur- responsible solution. and readiness. Eighty percent of Army loughs are Guard technicians. These The second issue in the continuing combat units will have to delay their people are the backbone of the Na- resolution we have had for the last 5 training. Fifty-five percent of Marine tional Guard in every State with crit- months—and the threat of the Pen- Corps combat units will have unsatis- ical maintenance and training respon- tagon having to do so for another 7 factory readiness ratings. Navy ship sibilities. There might have been a day months under a potential yearlong CR. deployments will be cut by nearly 25 in the distant past when we could say, What is a CR? The CR is a snapshot of percent. well, it is just the National Guard. We last year’s budget bill applied to this Sequestration would also mean sig- have learned better. When it came to year. Does that make sense? nificant cuts to family support pro- Iraq and Afghanistan, it was America’s Last year we were building a ship. grams. It isn’t just the soldier who Reserves and National Guard who This year we completed it. This year goes to war; it is the soldier and the stepped up. Time and time again, de- the budget says keep building the ship. soldier’s family who go to war. The ployment after deployment, they went It is finished. To merely replicate the Pentagon provides mental health, sui- into action, and we were proud of what same budget from last year and say we cide and financial counseling, and crit- they did. To shortchange them when it are extending the CR is wasteful. It ical services to military members and comes to this basic maintenance and doesn’t make any sense whatsoever. their families. While the Department is The Pentagon’s fiscal year 2012 budg- reliability is shortsighted. going to try its best to protect these The loss of Guard and Reserve train- et is a lot different than what they programs, these services are going to ing in Illinois is equivalent to almost need in 2013, particularly in readiness be sharply reduced under sequestra- $20 million lost. Delaying or canceling funding. When we hear the Pentagon tion. necessary military construction means tell us the first thing we have to do is Let’s not come to these hearings and it will cost more in the future to the cut back in readiness, let’s translate lament the incidence of suicide in the tune of about $27 million. In the Quad that into language that average people military, as horrific as it is, and then would appreciate. turn around and say: Well, you will Cities, the Rock Island manufacturing Right up there is a door to the gal- never notice the sequestration cut hub could lose $197 million in work- lery in the Senate Chamber. A few when it comes to counseling for PTSD load. These cuts don’t make sense—not years ago a nephew of mine named Mi- and mental issues facing our military. for Illinois, not for America. I want to talk about what sequestra- chael had a summer job working that Yes, we will. We need to be sensitive to tion means for civilian families in my door. I like Michael a lot. The reason these military members and their fam- State of Illinois. The across-the-board he worked that job for a few weeks was ilies. he just enlisted in the Army, and we The Defense Health Program will cuts that are scheduled to begin on Fri- wanted to give him a few bucks in his face a shortfall of $2.5 billion under se- day will work a real hardship on fami- pocket before he took off. He is a great quester. The Department is projecting lies, children, and the elderly. Seventy kid. A big smile on his face and off he there may not be enough funding to thousand young kids across the coun- went. He became part of the Mountain cover health care access for some mili- try will be kicked out of Head Start. Division out of Fort Drum, and he was tary retirees. We are also looking at Head Start is the pre-K program which assigned to Afghanistan. significant job loss in the industrial gets young kids off on the right foot, to The whole family—and we have a base. They are going to be felt in high- enable them to learn when they arrive pretty big family—was waiting, hoping, tech defense industry as well as blue- in kindergarten and school. Mr. Presi- and praying for Michael’s safe return. collar workforces across the country. dent, 2,700 preschoolers in Illinois will We had one thing going for us: not only The Navy estimates 30,000 private sec- be eliminated from the program be- the fact that he was young, strong, and tor workers will be laid off or reduced cause of sequestration. determined, but he had been trained. in pay, and repair of ships, aircraft, Loan guarantees for small businesses Readiness equals training equals sur- and maintenance of facilities and are way down. That is the engine of our vival. The Pentagon has told us seques- equipment will be affected. The Army economy, one of the best job creators. tration will cut back in readiness and has estimated 5,000 layoffs at its own They are going to be cut by $540 mil- training. depots. lion nationwide. Fewer jobs, less inno- What if it were your nephew, your These are just preliminary. The list vation, less economic growth. In just a son, husband, wife, or daughter? Would goes on. From those workforce reduc- single recent year, more than 2,300 you want the best training before they tions in the intelligence community, small businesses used these loan guar- were sent into action? Of course you we don’t know the overall impact of antees in Illinois, and now there will be would. Readiness and training are es- our Nation’s safety. As we meet in the a dramatic reduction. sential for a military ready to respond comfort and safety of this Chamber, If sequestration takes place, the food when it is called on. When we cut back there are Americans—men and women, we eat is going to be at least threat- in these areas, we jeopardize the some of them civilian contractors— ened, if not slowed down; 2,100 fewer chance of success of a mission, and we who are working for our military and food inspections will occur, putting our reduce the likelihood of their being intelligence agencies who are watching children at risk and costing many jobs ready and surviving any combat they the threats to the United States every in the food production industry and might face. It is very shortsighted. single second, every minute, every definitely slowing down production. General Dempsey, Chairman of the hour, every day. The Centers for Disease Control esti- Joint Chiefs of Staff, stated: ‘‘Readi- We don’t want to shortchange them mates each year roughly one in six ness is what’s now in jeopardy. We’re because in doing that we shortchange Americans, about 48 million people, get on the brink of creating a hollow our protection, our defense. Every sick; 128,000 are hospitalized; and 3,000 force.’’ State is going to feel these job losses. die of foodborne diseases. Is food in- That is sequestration. In the oper- The day before yesterday I was at spection important? You bet it is. It is ations account alone, the account asso- Scott Air Force Base near Belleville, clear we need more food inspection in

VerDate Mar 15 2010 02:00 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.046 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S910 CONGRESSIONAL RECORD — SENATE February 27, 2013 the United States, not less, as the se- I am not sure if things have changed. a lower tax rate than the people who questration would cause. I was paying pretty close attention, work for them or the janitors who Up to 373,000 mentally ill adults but under the Constitution I believe we clean their offices. The Buffet rule is would be prevented from receiving nec- have a House and a Senate. Unless we an important step in reducing the in- essary treatment, putting them at risk have gone to some Nebraska model, a equality in the Tax Code. of hospitalization, crime, and home- unicameral model, there is nothing we Even as our economy has recovered, lessness. can do in the Senate to cure this prob- this inequality, unfortunately, has Cuts to medical research would mean lem alone. We need to have the co- grown. A recent study found the top 1 delays in finding cures to heart disease, operation of the House. The Speaker percent of income earners captured 121 cancer, and Alzheimer’s, which are so can’t wash his hands of this and walk percent of the income gains in the first important to every family in America. away, which, apparently, he suggested 2 years of the recovery. They were the Illinois alone will lose $38 million in he could earlier this week. first to get well in a big way. What funding for medical research and inno- We are going to come up with a bal- about the rest of America? The top 1 vation as a result of the sequestration. anced approach, one that makes a lot percent captured 121 percent of the in- How badly will it set back research more sense than what I have just de- come gains, and the other 99 percent and innovation? This is how the head scribed. It is going to be a combination fell further behind. Let us reverse this of NIH under President George W. Bush of spending cuts—yes, there will be once and for all. This income inequal- described it: some—and increased revenues. We are ity is inconsistent with balanced eco- We are going to maim our innovation capa- going to close some loopholes which nomic growth. The Senate Democrats’ bilities if you do these abrupt deep cuts at benefit wealthy individuals and big plan also closes tax loopholes that ac- NIH. It will impact science for generations to come. corporations. We can replace seques- tually cut taxes for companies that tration, which I have just described, The National Science Foundation move factories overseas. I cannot and avoid the damage and cuts and would issue nearly 1,000 fewer research imagine why there would be a reward grants and awards. This translates to still achieve deficit reduction. in the Tax Code for a company in In January, Congress agreed to use a $20 million less for scientific research America that decides to offshore its balanced mix of spending cuts and new in my State. production and lay off American work- A recent National Science Founda- revenues to delay sequestration to ers. If they want to do that, if that is tion grant helped build and support the March 1. Congress agreed on a bipar- a corporate decision to make more National Center for Supercomputing tisan basis to split it 50–50 between money, it shouldn’t be with the incen- Applications at the University of Illi- taxes and spending cuts. Leader REID tive or the reward of our Tax Code. nois. What a dynamo of job creation voted for it, as did Speaker BOEHNER. That is a tax policy that should be put this is, and now we are cutting it back. Senator MCCONNELL, the Republican to rest once and for all. This center hosts several supercom- leader, voted for it, as well as Leader On the spending side, our bill cuts puters which are used to model and PELOSI. Senate Budget Committee wasteful direct payments in our agri- solve some of the most serious engi- chairman PATTY MURRAY voted for it, cultural programs, and I come from an neering challenges facing us in the as did House Republican Budget Com- agricultural State. Those direct pay- world. Health and nutrition services mittee chairman PAUL RYAN. This bi- ments should come to an end. They are would be dramatically reduced putting partisan approach of equal cuts and tax made to farmers in good times and bad. women, children, and the elderly at increases apparently had the whole- This is not a safety net. In many in- risk. some bipartisan support in both Cham- stances, it is a windfall. We made this I know what the other side said. bers. a part of the farm bill—the bipartisan Peggy Noonan, the great speech writer The American people agreed, inciden- bill that passed the Senate—and we in- who appears on television regularly— tally, that it makes sense. Those who clude it in this approach for deficit re- and I disagree with her politics, but I have been successful in America—God duction. admire her writing skills immensely— bless them. They have done well. Many The Pentagon has to play a role in says: We are living in a government of of them have created big businesses further deficit reduction, and they ‘‘freak out’’ and the President is trying and jobs. It is not unreasonable to ask know it. I have long said we need to to freak us out by telling us all the ter- them to pay back some, particularly if make smart cuts in defense programs, rible things that are going to happen as they happen to be in those income cat- not the sequestration approach. The a result of sequestration. egories like a man I know named War- Senate Democrats’ bill includes these I have news for Ms. Noonan. These ren Buffett, one of the wealthiest peo- smart defense cuts and, importantly, are real cuts. They will be noticed. ple in America. He has said over and delays them until after we have ended They will have a long-term impact. If over again there is something wrong the war in Afghanistan next year. the President didn’t speak out about with the tax system when he pays a This choice should be an easy one for what these cuts meant, he would be lower tax rate on his income than his every Senator and every American. We derelict in his own important respon- secretary. I think he is right. simply have to choose. Are we for na- sibilities. I am glad he is telling us. I The change we are making to come tional security, education, infrastruc- am glad the American people see it up with revenue basically is to apply ture, and innovation or are we for spe- coming, and I hope, as they see it com- the Buffett rule. The money you make cial interest tax loopholes, subsidies ing, they will join us in a way of trying over $1 million is going to be subject to and giveaways? That is what it boils to avoid it and find a better approach. higher taxation, up to $5 or $6 million. down to. As many as 376 fewer Illinois women That money will be captured over the For over 200 years, our national val- will be screened for cancer because of next 10 years to enable us to reduce the ues have reflected that we want to these cuts; 5,576 fewer children will re- deficit and reduce the impact of se- stand together when it comes to keep- ceive lifesaving vaccinations; $764,000 questration. It would close that loop- ing America strong, educating our chil- less will be spent to provide seniors hole, a loophole which I think needs to dren, leading the world in research, and with basic Meals on Wheels. The list be closed and is long overdue, and the building the infrastructure for the 21st goes on. American people agree we should close century. Our votes tomorrow will be an That is the bad news. Is there a way other loopholes—oil and gas company indication of whether we still believe out of it? There will be. The Senate loopholes, for example, offshore tax that. will get a chance to vote tomorrow. haven loopholes. We were never supposed to be at this The House has decided in a very curi- In line with these priorities, the Sen- moment in time. We weren’t supposed ous move to basically leave town and ate Democrats tomorrow will put forth to face this sequestration. It was sup- ignore this. They passed two bills last a balanced approach to avoid seques- posed to be such a parade of horribles year which have expired. They don’t tration for the rest of this year and we would do everything we could to even apply anymore, and Speaker give Congress more time to pass a long- avoid it. We voted for it on a bipartisan BOEHNER announced earlier this week, term budget agreement. Our bill would basis, sent it to the President, and he well, it is now up to the Senate. ensure that millionaires are not paying signed it into law. I know he felt—and

VerDate Mar 15 2010 02:00 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.047 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S911 he said it publicly—it would never He told the committee he received sistance from my side of the aisle. But reach that point. Well, it has reached ‘‘severance pay’’ from New York Uni- transparency and sunlight are essential that point. Now the question is, Are we versity but did not disclose the for Congress and for the American peo- going to throw up our hands and say amount. The dictionary defines sever- ple because with transparency and sun- that is the way Washington works ance pay as: ‘‘A sum of money, usually light comes accountability. now? based on length of employment, for Those supporting Mr. Lew today bet- We lurch from one crisis to the next. which an employee is eligible upon ter- ter not expect any real answers out of The crisis this week is sequestration. mination.’’ him in the future if he will not answer Three weeks from now it will be the Was Mr. Lew terminated? If so, why these questions before confirmation. continuing resolution. This is no way was he terminated? If not, was the sev- Whether we serve on the Finance Com- to run a government and it is no way erance package truly a parting gift mittee or on any other committee, we to run a nation. I implore the Speaker from the university? I don’t know the must do our constitutional job of over- and all the leaders on both sides of the answers to those questions because Mr. sight. We pass laws and we appropriate aisle, for goodness’ sake, don’t say it is Lew was not forthcoming with the an- money and so we have a responsibility the other guy’s responsibility. We have swers. as Senators to make sure the laws are to come together and solve this prob- When it comes to questions about in- faithfully executed, which means we lem. That is why we were sent here. vestments in the Cayman Islands, have to get answers from Cabinet peo- I yield the floor. things get even less transparent. Mr. ple or people generally in the executive The PRESIDING OFFICER (Mr. Lew claimed he did not know Ugland branch of government. If there are COONS). The Senator from Iowa. House was a notorious tax haven. He questions about the seriousness of Mr. GRASSLEY. Mr. President, I rise claims he did not know he had his faithfully executing the laws, faith- to speak on the nomination of Jack fully spending the money we appro- Lew to be the Secretary of the Treas- money in the Cayman Islands. He claims he was not aware of any priate, we must ask questions. Do you ury. Am I in order to do that? think we will get answers from Mr. Citigroup Cayman Islands account. The PRESIDING OFFICER. The Sen- Lew after he becomes Secretary of the Again, this does not pass the laugh ator may proceed. Treasury if he will not answer ques- test. President Obama and Chairman Mr. GRASSLEY. Mr. President, the tions before his confirmation? problem we face with Mr. Lew’s nomi- BAUCUS have highlighted Ugland House The larger problem, though, may be nation is that the Senate does not have as a problem over a long period of that when Mr. Lew actually does try to answers to very basic and factual ques- years. When Mr. Lew was at Citigroup answer a question, he confirms our tions about Mr. Lew. How can we make for years he signed documents which concerns. For example, when Mr. Lew an informed decision on his nomination disclosed the fact that he was investing was caught with the Cayman Islands if we don’t have answers to basic ques- money in the Cayman Islands. bank account, he said: Well, I didn’t tions? This is his distinctive signature, make any money. Apparently, there is Let me provide several examples, right here; the Ugland House descrip- now a brandnew standard. It is OK to starting with New York University. He tion here, and the Grand Cayman name invest in ‘‘the largest tax scam in the worked for this tax-exempt university here. It is very obvious this signature world’’—and those are the President’s and he was given a subsidized $1.4 mil- doesn’t belong to anybody else. It has words about the Cayman Islands and lion mortgage. Mr. Lew claims he can- been highlighted, and there have been a Ugland House, the largest tax scam in not remember the interest rate he paid lot of newspaper articles about it. How the world—so long as you don’t make on his $1.4 million mortgage the tax-ex- are we going to have that signature on any money. That is the new standard. empt New York University gave him. the dollar bill if he gets to be Secretary When Mr. Lew was asked about New Does that pass the laugh test? I of Treasury? York University’s investment in Cay- asked Mr. Lew to provide details on the So everybody knows to whom that man Island investments, again he could mortgage to Congress. He refused re- belongs. Yet with all this information, not recall them. Mr. Lew received over peatedly to provide full details and he is telling the committee he doesn’t $1.2 million in his final year at New documentation of this taxpayer-sub- know anything about the Cayman Is- York University. He was hired specifi- sidized mortgage. The explanations he lands or where his money was going. cally to run the business side of New did provide were needlessly complex, We have so many more questions for York University. Yet despite all this, making it almost impossible to under- Mr. Lew. he claims he had no specific knowledge stand the structure of his loan. This is what the Wall Street Journal of where NYU’s money was being in- What is he hiding? Why can’t Con- said last week in reference to Mr. vested. gress get a straight answer out of this Lew’s past: When I asked Mr. Lew if he could ex- nominee to be our next Secretary of Investor in Cayman Islands tax haven? plain morally his decision to take al- Treasury? Check. Recipient of a bonus and corporate most $1 million from an insolvent com- When Mr. Lew was executive vice jet rides underwritten by taxpayers at a pany supported by taxpayers, he could president of New York University, the bailed-out bank? Check. Executive at a uni- not answer. He said this to me: ‘‘I will school received kickbacks on student versity that accepted student-loan kick- leave it to others to judge.’’ Mr. Lew loans from Citigroup. Then Mr. Lew backs toward a favored bank? Check. Exces- refused to explain why he thought the went to work for that same Citigroup. sive compensation with minimal disclosure? bonus was justified. Since Mr. Lew Check. When I asked Mr. Lew if he had any could not answer that question, today I conversations with Citigroup about Mr. Lew’s eagerness and skill in ob- answer it for my colleagues, as they these kickbacks while he was at New taining bonuses, severance payments, consider a ‘‘yes’’ or ‘‘no’’ vote on this York University, he once again ‘‘could housing allowances, and other perks nomination. not recall.’’ I asked for any documents raise very serious questions about It is important we hold members of related to his involvement in the kick- whether he appreciates who pays the this administration equal to the stand- backs and he refused to search for bills. How will he approach the burden ards they set for everyone else. When it them. on taxpayers to pay the government’s comes to oversight, I don’t think any- Did those conversations occur? We bills? Will he act as cavalierly toward body is going to question this Senator don’t know. the taxpayers as Treasury Secretary as is an equal opportunity overseer, be- On Monday, the New York Times un- he did at Citigroup and New York Uni- cause I raise these same questions covered a $685,000 payment that New versity? about oversight whether we have a Re- York University gave Jack Lew on his But despite all these questions, we publican administration or a Demo- way out the door. The New York Times are right now, this very day, rushing cratic administration. I believe it is called the payment ‘‘unusual.’’ It is a ahead to a vote on this nomination. important to hold members of this ad- shame Mr. Lew failed to provide these Clearly, these questions don’t matter ministration equal to the standard details as part of his confirmation to Mr. Lew’s supporters because they they set for everyone else. process, leaving us to rely on the press are confident they have the votes. Un- Let’s look at that standard. In the to dig out the details. fortunately, they even have some as- past, the President has railed against

VerDate Mar 15 2010 02:00 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.051 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S912 CONGRESSIONAL RECORD — SENATE February 27, 2013 the ‘‘fat cats’’ on Wall Street. Today, He was talking about Citigroup, their history of any banking department— the President nominates a man who mismanagement of risk was com- any bank, ever—and he only got that if took a bonus from a bailed-out, finan- prehensive. On January 16, 2009, he was going to work for the govern- cially insolvent bank. The President Citigroup announced a loss of $18.7 bil- ment? has constantly complained about the lion, the same day that taxpayers And Mr. Kudlow knows Wall Street. high cost of college tuition. While Mr. bailed out Citigroup with $301 billion in He knows people all through Wall Lew was at NYU, the university in- loan guarantees. What a dramatic Street. You have seen him on tele- creased tuition nearly 40 percent while event that is, and was. vision nightly. He was an economist for he was getting paid more than the New Mr. Lew’s previous experience as an the Federal Reserve, an economist for York University president. adviser at Citigroup provides a pretty the chief economist for the Senate In the not-so-distant past, the Presi- good indication that he was in the Budget Committee at one time, and dent has called the Ugland House ‘‘the wrong place and didn’t perform well worked for the Office of Management biggest tax scam in the world.’’ Today, under these circumstances. and Budget. He raises the question of he nominates a man who invested The day before the taxpayers came to crony capitalism. Why? there. In fact, the President has repeat- Citigroup’s rescue, Mr. Lew received a Maybe Citibank, and the Wall Street edly railed against the Cayman Islands bonus. The President has been vigorous financial community in desperate and Cayman Islands investments. in attacking those who received Wall straits, thought: Wouldn’t it be nice to Mr. Lew is a serial Cayman Islands Street bonuses. He said it was wrong have our guy move over to the White investor. On his watch, Citigroup in- and it shouldn’t happen. And in this House, be right in the President’s office vested money there, New York Univer- case, he is exactly right: Mr. Lew and be Director of Office of Manage- sity invested money there, and he in- should not have gotten this bonus. But ment and Budget? We are glad to see vested his own money there. it doesn’t seem to bother the President him go over there and we are glad to I believe it is essential to hold every- to promote this man to Secretary of pay him $1 million. Maybe he will take one to the same standards they set for Treasury. our phone calls. others. For these reasons, I vote NO on Here is what happened: Mr. Lew re- That is what Mr. Kudlow was talking this nomination. ceived a bonus, for the mismanagement about. And the Wall Street Journal— Mr. President, I suggest the absence that occurred there, in an amount ex- the Wall Street Journal believes in a of a quorum. ceeding $940,000. Almost a $1 million free market. They are not opposed to The PRESIDING OFFICER. The bonus. How many people do you know people making a bonus. The Wall clerk will call the roll. who get a $1 million bonus? The bonus Street Journal sensed in his The assistant legislative clerk pro- was in addition to the $1.1 million sal- maneuverings an unhealthy crony cap- ceeded to call the roll. ary he was paid for his work at italism deal, where people move back Mr. SESSIONS. Mr. President, I ask Citigroup. and forth from businesses and they use unanimous consent that the order for One news account of this event, cit- their government connections to ad- the quorum call be rescinded. ing that Securities and Exchange Com- vantage the business they left or they The PRESIDING OFFICER. Without mission filing, states this: might return to. It is unhealthy. It is objection, it is so ordered. His unit lost billions of dollars in 2008 as not free market capitalism; it is crony Mr. SESSIONS. Mr. President, as we its bets turned sour. In the first quarter of capitalism. It is not good. review the Lew nomination—I think all 2008 alone, the unit lost $509 million. The The President was against all these of us should ask a number of questions company stopped publicly disclosing the bonuses and he is against a lot of this, about any nominee. One of them deals unit’s individual numbers thereafter, but the and we are going to have an open ad- with their professional competence, part of the company that absorbed alter- ministration, but he doesn’t seem to their proven integrity, and their good native investments lost $20.1 billion in 2008. worry about that. judgment. We should be concerned about Mr. So, such experience as Mr. Lew had Senator GRASSLEY has invested a Lew assuming the role as America’s demonstrates a lack of financial suc- good deal of time working on and un- top financial adviser and economic ad- cess, dramatic failures, in effect, $20 derstanding some of the things that vocate. He has told us to be concerned billion in losses in 2008 alone; but yet happened when Mr. Lew was at about this, if we would listen to him. he got a $1 million bonus. Citigroup, the bank that apparently During his confirmation hearings be- There is another matter of great im- had the largest losses of any of the fore the Budget Committee in 2010 to portance. I remember when it hap- Wall Street banks, and it was not a be Director of Office of Management pened. Judd Gregg from New Hamp- good tenure there. He was a financial and Budget, Mr. Lew was asked his shire, former chairman of the Budget adviser; and it shows that, to the ex- views on the Wall Street financial col- Committee, former ranking member of tent he has had any real banking expe- lapse which he was smack dab in the the Budget Committee—long-time rience, his experience has proven not to middle of. What did he say about that? member of that committee—worried be successful. It is like the football Well, he said, Senator, when we dis- about the future debt and player who might have played some cussed it, I mentioned to you I do not unsustainable financial path of Amer- games but he lost. consider myself an expert on some of ica and came up with an idea. In 2003, In early 2008, Mr. Lew became a top these aspects of the financial industry. he proposed legislation, which was en- executive in the Citigroup Alternative My experience in the financial industry acted, that placed a legal requirement Investment Unit, which houses hedge had been as a manager, not as an in- that the President of the United States funds and private equity investments. vestment adviser. I would defer to oth- submit legislation if Medicare trust- News reports indicate that massive ers who were more expert in the indus- ees—the people who run the Medicare losses in this department played a role try and parse it better than that. Program—issue a funding warning for in leading to a Federal bailout of In other words, he disclaimed any the program as part of their annual re- Citigroup—his department. real knowledge of the business. If so, port. If America’s trustees see they are One troubling aspect of Mr. Lew’s de- how did he get the No. 1 job? Was it be- on a funding path that is unsustainable partment was that he was betting cause of his political connections to and dangerous for Medicare, they shall against the taxpayers. That is what the the Clinton administration? And when formally notify the President of the experts conclude: Citigroup, under Mr. he got a bonus to leave Citigroup, he United States. This would require the Lew’s leadership, was betting on the only got that bonus if he was going to President to analyze the problem and collapse of the housing market. the Federal Government—the kind of submit legislation to Congress to see if Simon Johnson, an economist at MIT crony capitalism that Larry Kudlow we can’t put Medicare on a sound path. and a liberal, testified before our Budg- has so raised questions about. That is a simple event. Shouldn’t we et Committee and said this about the Mr. Kudlow’s question: Why did thank Judd Gregg for that? This provi- crisis: Citigroup allow him to have a bonus sion has been commonly referred to as This mismanagement of risk was com- when he departed the bank, when he the Medicare trigger, and it is intended prehensive in that organization. led one of the worst divisions in the to ensure that steps are taken to shore

VerDate Mar 15 2010 02:00 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.052 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S913 up the program’s finances before it is and has great respect in the Congress, ple in this country are doing phenome- too late. projects that on its current course, nally well and we are seeing record- President Bush was the first one to Medicare faces a $36.9 trillion unfunded breaking profits for large corporations. receive that warning when he was in obligation over a 75-year period. Yet The question is—given the fact that office, and he submitted legislation to the President’s most recent budget the Secretary of the Treasury is one of deal with the Medicare crisis. He com- submission would actually increase the most important positions in our plied with the law. Medicare spending relative to the cur- Government, having enormous powers The law states this: rent law, putting the program in an unto himself in addition to being a key If there is a Medicare funding warning even more unsustainable position. adviser to the President, the question made in a year . . . the President shall sub- Yesterday I joined with Senator COR- is, Is the new Secretary of Treasury mit to Congress, within the 15-day period be- NYN and 20 other Republican Senators prepared to take on the increasingly ginning on the date of the budget submission in sending another letter to the Presi- powerful oligarchy that controls the to Congress under subsection (a) for the suc- dent on this matter. We wrote this: economic and political life of our Na- ceeding year, proposed legislation to respond tion and stand with the working fami- to such warning. During his testimony before the Finance Committee, Mr. Lew was asked about your lies of America who are being battered This is in the United States Code. administration’s failure to abide by federal and beaten up every single day? I do When I say it is in law, it is in the law while he served as OMB Director. Mr. not believe by any stretch of the imagi- United States Code. It requires that to Lew stated that the decision not to comply nation that Jack Lew is that person. occur. And it makes ever so much with the law was made prior to his service at This is the economic reality we are sense, does it not? Shouldn’t we be OMB. We find it stunning and noteworthy confronting today, and this is the eco- that so far Mr. Lew has not provided ade- worried about a program as important nomic reality we need a Secretary of to Americans as Medicare? Shouldn’t quate responses to congressional inquiries on the matter. Congress needs a clearer under- Treasury to work with the American we be honestly dealing with it? standing about his role in the violation of people to improve. We have the most Wouldn’t Congress want to know what this law, including exactly when Mr. Lew be- unequal distribution of wealth and in- the President’s plan is to fix it? He came aware of this legal requirement and come of any major country on Earth, doesn’t get to dictate that, but he gets what counsel, if any, he provided the Admin- worse than at any time since before the an opportunity to lay out a vision to istration on whether it should comply with Great Depression. Today the wealthiest how to place it on a sound path. the law. 400 Americans own more wealth than Why wouldn’t he want to do that? That is what was written, and of the bottom half of America—150 mil- What objection should he ever have to course they have not responded. I sus- lion people. Four hundred to 150 mil- that? He ‘‘shall’’ submit this, according pect they have no intention of respond- lion. Do I believe Jack Lew sees this as to the law. President Bush did. But by ing. They have not responded before. I a serious problem he is going to ad- contrast 2012—last year—marked the ask, should we not consider this before dress? I do not. fourth consecutive year the Obama ad- we advance him from the position of Today one family, the Walton fam- ministration failed to submit such a chief of staff to the Chairman of the ily—one of the major welfare bene- legislative proposal despite the clear Board of Trustees of Medicare, who has ficiaries in America because they pay and unambiguous legal obligation to do a duty to protect the program? And he their workers such low wages and pro- so. will not even respond to the legal man- vide such poor benefits that many of They say: We think we offered some- date that they lay out a proposal to fix their workers are on Medicaid, food thing with our Patient Protection Medicare when it is in a dangerous, stamps, assisted housing—that one Act—ObamaCare—and we do not have unsustainable path, as it is today. family owns more wealth than the bot- to do it. There are other matters I would men- tom 40 percent of American families. They don’t get to decide. The ques- tion, but I see my good colleague Sen- Do I believe Jack Lew is going to say: tion is Medicare trustees—they said ator SANDERS here. Wait a minute, that doesn’t make the warning is in effect. They sent the I will be pleased to yield at this time. sense, we have to change those policies. notice to the White House. And this is The PRESIDING OFFICER. The Sen- No, I do not. when the President’s action is trig- ator from Vermont is recognized. Today the top 1 percent owns 38 per- gered. Mr. Lew, if he is confirmed, will Mr. SANDERS. I thank the Senator cent of the wealth in America, which is be chairman of the Medicare trustees, from Alabama for yielding. I also in- incredible unto itself. But even more as Secretary of Treasury of the United tend to vote against Jack Lew to be incredible is that the bottom 60 percent States. That is one of his top respon- our next Secretary of the Treasury but, own less than 3 percent of the Nation’s sibilities. in fact, for very different reasons than wealth. This is not only a moral issue, So for 2 of those 4 years, 2010 through my colleague from Alabama. it is not only an economic issue be- 2011, Jack Lew was the Director of the Let me begin by stating that I have cause when you have that kind of Office of Management and Budget. He had the opportunity to speak with wealth and income disparity, working also served in that office in part of Jack Lew in my office on several occa- families are not going to have the 2012. As Director, he was the person re- sions. It is very clear to me that Jack money to spend to buy goods and serv- sponsible for drafting and submitting Lew is a very intelligent person. He is ices to create jobs, it is also a political fiscal proposals and complying with a very serious man. I applaud his many crisis because as a result of Citizens budget law under 31 U.S. Code, section years of public service to our country. United, this 1 percent can now spend 1105. That is his duty, legally. Furthermore, I believe that this after- unlimited sums of money to elect those The House and Senate Budget Com- noon he will be confirmed by the Sen- candidates who support their agenda mittees as well as a strong majority of ate. But I have to say that he will not and to create terror on the floor of the the Senate Republican conference have be confirmed with my vote. The reason Senate on the part of any Member who written letters asking the Obama ad- for that is that at this particular mo- is going to vote against their interests. ministration to respond to the Medi- ment in American history, we find our- Gee, should I vote to deal with the care trigger, the Medicare warning, and selves in the most difficult economic greed on Wall Street if Wall Street is submit legislation to Congress dealing moment since the Great Depression. going to pour millions of dollars with Medicare’s funding shortfall, as The reality is—and we do not talk against me in my reelection campaign? the law requires. But to this day they about it too much, the media doesn’t Do I believe Jack Lew as Secretary of have not complied, just refused, just as talk about it too much, but most peo- Treasury is going to begin to address the Senate majority here refused to ple understand—the great middle class the issues of income inequality and produce a budget in 4 years even of this country is disappearing. Pov- wealth inequality in this country? Not though the U.S. Code calls for a budget erty is extraordinarily high. Over 46 for a second do I believe he will do to be submitted. million Americans are living in pov- that. Meanwhile, the nonpartisan Medicare erty. At the same time, while the mid- While the wealthiest people are doing Actuary, who is a person who is really dle class collapses and poverty is ex- phenomenally well, the Federal Re- good with the numbers on Medicare traordinarily high, the wealthiest peo- serve reported last year that median

VerDate Mar 15 2010 02:00 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.058 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S914 CONGRESSIONAL RECORD — SENATE February 27, 2013 net worth for middle-class families actually produce real goods and serv- he now holds about Wall Street and the dropped by nearly 40 percent from 2007 ices and create jobs. Do I believe Jack financial bailout. to 2010. Can you believe that? It Lew is going to be doing that? No, I do On September 22, 2010, when I asked dropped by 40 percent. That is the not. Mr. Lew at a Budget Committee hear- equivalent of wiping out 18 years of In my view, we need a Secretary of ing if he believed deregulation of Wall savings for the average middle-class the Treasury who will understand that Street significantly caused the crisis— family. when the largest banks in this country something that almost all economists This is even more incredible, and it is have become even larger, it is time to agree with—here is what he said: absolutely important. I get tired of break them up. Do I believe Jack Lew I don’t believe that deregulation was the being one of the very few people up will work to break up these huge finan- proximate cause. I would defer to others who here who talk about it. I hope there cial conglomerates? No, I do not. are more expert about the industry to parse will be some other Senators who will Today the 10 largest banks in Amer- it better than that. talk about what is, in fact, one of the ica are bigger than they were before At his confirmation hearing at the major issues facing this country—in- the financial crisis began. You may re- end of this month, Jack Lew called the come and wealth inequality. member that we bailed out Wall Street Glass-Steagall Act ‘‘anachronistic,’’ In terms of income, here is a fact because they were too big to fail; that and said that the Dodd-Frank Act had that is literally beyond comprehension. if these banks went under, they would ‘‘effectively’’ dealt with the issue of The last study on this subject showed take a significant part of the American too big to fail. I could not disagree that from 2009 through 2011, 100 percent and world economies with them and more. of all new income went to the top 1 per- the taxpayers of this country had to In my view, we don’t need another cent. All of the new income generated bail them out. Now we find that every Treasury Secretary who thinks that went to the top 1 percent, while the single one of the top 10 financial insti- the deregulation of Wall Street did not bottom 99 percent—those include some tutions today is larger than they were significantly contribute to the finan- pretty wealthy people—actually saw a when we bailed them out some years cial crisis. We need someone who will loss in their income. What that tells us ago because they were too big to fail. stand up to these huge financial insti- is that it almost doesn’t matter that Today the six largest financial insti- tutions on behalf of the American peo- economic growth now is obviously low. tutions in this country—JPMorgan ple, small businesses, and working fam- It is not as high as we want it, but it Chase, Bank of America, Citigroup, ilies and say enough is enough: Wall almost doesn’t matter because all of Wells Fargo, Goldman Sachs, and Street, you cannot continue to operate the new income generated by this eco- MetLife—have assets equal to two- the way you are. nomic growth is going to go to the top thirds of the GDP of this country—over The next Treasury Secretary will be 1 percent. Do I think this is an issue $9.6 trillion. Six financial institutions the lead negotiator for the President Jack Lew is going to address? No, un- have assets equal to two-thirds of the on how to reduce the deficit, an issue fortunately, I do not. GDP of the United States of America. we are all concerned about. Here is the Real unemployment in this country These six financial institutions issue issue: Do we balance the budget by cut- is not what the papers report—7.8 or 7.9 two-thirds of all of the credit cards, ting Social Security, Medicare, Med- percent. Real unemployment is over 14 half of all of the mortgages, control 95 icaid, education, nutrition, and pro- percent if we count those people who percent of all derivatives, and hold grams that middle-income and working have given up looking for work or who nearly 40 percent of all bank deposits families depend upon? We could do it are working part time when they want in this country. that way. PAUL RYAN, chairman of the to work full time—some 23 million peo- Do I think this issue—this concern— House Budget Committee, will come up ple. Have I heard one word from Jack is something Jack Lew will address? with that proposal, and it will mean Lew about the need to come up with Not in a million years. While millions huge suffering for tens and tens of mil- programs to put millions of people of Americans continue to struggle lions of families who are already hurt- back to work immediately, including through the worst economic crisis ing. That is one way we could do deficit the young people whose unemployment since the 1930s, Wall Street is doing reduction. rate is higher than that of the general phenomenally well today. They caused First of all, I think that approach is public or people of color who are also the recession, we bailed them out, and way out of touch with what the Amer- economically suffering? I have not. now they are doing phenomenally well. ican people want. The American people Millions of people are still under- Financial institutions made over $143 have been very clear: They do not want water on their mortgages, and millions billion in profits in 2012. It was the cuts in Social Security, they do not more have seen the American dream of most profitable year on record with the want to cut veterans programs, and home ownership turn into a nightmare exception of 2006, just before the eco- they do not want to cut Medicare or of foreclosure. nomic meltdown. Incredibly, the finan- Medicaid. The next Secretary of Treasury will cial industry now makes almost half of The American people have also been be facing enormous challenges. Let me all nonfarm corporate profits in the clear that at a time when the wealthi- mention just a few. The next Secretary United States—up from about 10 per- est people and largest corporations are of Treasury will play a central role in cent in 1947. doing phenomenally well, when their regulating and overseeing Wall Street As someone who has worked hard to effective tax rates are the lowest in and large financial institutions. Let’s elect Barack Obama on two occasions, decades, when they enjoy huge loop- never forget that as a result of the I remain extremely concerned that vir- holes that enable them to avoid paying greed, recklessness, and illegal behav- tually all of his key economic advisers their vast share in taxes, the American ior on Wall Street, millions of Ameri- have come from Wall Street, and Jack people say: Those guys have got to cans lost their jobs, their homes, their Lew is no exception to that. start paying their fair share. life savings, and their ability to send Let me be clear. It is not just because All of us will remember a few years their kids to college. That is all attrib- Mr. Lew served as a chief operating of- ago when Wall Street was on the verge utable to the greed and recklessness ficer at Citigroup during the financial of collapse because of their greed and and illegal behavior on Wall Street. crisis; it is not just because Citigroup recklessness. They came crawling to We need a Secretary of Treasury who awarded Mr. Lew a $940,000 bonus as he the Congress and the taxpayers of does not come from Wall Street but is was leaving to join the State Depart- America and said: We are Americans; prepared to stand up to the enormous ment; it is not just because Citigroup we love America; bail us out. Con- power of Wall Street. We need a Treas- received a total of $2.5 trillion in vir- gress—against my vote—bailed them ury Secretary who will end the current tually zero-interest loans from the Fed out. business model of Wall Street, which is or that the Treasury Department pro- Now these same corporations that operating the largest gambling casino vided Citigroup with a bailout of more told us how much they love America this world has ever seen, and demand than $45 billion during Mr. Lew’s ten- are not only shipping our jobs to China that Wall Street start investing in a ure at Citigroup; I am opposed to Mr. and other countries, they are stashing productive economy where businesses Lew’s nomination because of the views their profits in the Cayman Islands,

VerDate Mar 15 2010 02:00 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.060 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S915 Bermuda, and other tax havens and time these crooks destroy their banks nally well and large multinational cor- avoiding their responsibility as tax- and need to be bailed out, let them go porations are enjoying record-breaking payers. Offshore tax schemes have be- to the Government of the Cayman Is- profits. come so absurd that one five-story of- lands to get their bailout and not the Because of all the money Wall Street fice building in the Cayman Islands is taxpayers of the United States of and these large profitable corporations now the home to more than 18,000 cor- America. have, they are investing in the polit- porations. Everybody knows what that Let me conclude by talking about ical process, putting in huge amounts is about. All that is is a mail drop for trade for a moment because the Sec- of money—hundreds and hundreds of corporations. They don’t exist there; retary of the Treasury gets involved millions of dollars—to elect candidates they are just using that address as a heavily in trade issues. Trade is not a who will represent their interests and means to avoid paying taxes to the sexy issue, but it is an enormously im- not the interests of the average Amer- United States and other countries. portant issue. I think it is important ican. Let me give a few examples of some for all of us to understand that our cur- Now is the time to have people in the of these large corporations and what rent, unfettered, free-trade policy has Obama administration who are going they have done to avoid paying Amer- been an unmitigated disaster for the to stand with the American people, ican taxes at a time when revenue working people of this country. Last stand with workers, stand with seniors, today, as a percentage of GDP, is al- year our trade deficit was more than and have the courage to take on the most at the lowest it has been in dec- $540 billion. Permanent normal trade big money interests that are causing so ades. The choice is to cut Social Secu- relations with China—remember when many problems for our Nation. In my rity, Medicare, and Medicaid, or ask that came up? Oh, my goodness, we are view, Jack Lew is not that person and enormously profitable corporations to going to open up the Chinese market, I will vote against him becoming our stop using loopholes to avoid paying we are going to create all kinds of jobs next Secretary of Treasury. taxes. I will give just a few examples, in the United States, we are going to With that, I yield the floor. although I could give many examples. sell all of our products to the large The PRESIDING OFFICER. The Sen- In 2010, the Bank of America—one of population in China. Well, not quite. ator from Alabama. the largest financial institutions in Not quite. PNTR with China led to the Mr. SESSIONS. Mr. President, I will this country, an institution bailed out loss of nearly 3 million American jobs, just say that I share some of the views by the working families of this country and the NAFTA agreement led to the of Senator SANDERS. I believe he said when they were on the verge of col- loss of nearly 1 million American jobs we need to stand up to the oligarchy lapse—set up more than 200 subsidi- as large multinationals continue to that controls our economy and is in- aries in the Cayman Islands, which, by throw American workers out on the volved in depressing wages. I would say the way, has a corporate tax rate of street and move to China, Mexico, and most businesses like to pay their em- zero, so they can avoid paying U.S. other countries where workers are paid ployees all they can, but it is better to taxes. How is that? We bail them out, pennies an hour. not pay them more and they look for they run to the Cayman Islands, set up In 2008, I supported then-Senator good workers at lower wages and that 200 separate subsidiaries in order to Barack Obama when he told the AFL– is the way they work and that is their avoid paying taxes to America. It is CIO in Philadelphia the following: interest. We can’t look at the big cor- time for Congress and it is time for the What I refuse to accept is that we have to porations for objective analysis on how Secretary of Treasury to address that sign trade deals like the South Korea Agree- to create an economy that serves work- issue. In a million years do I think ment that are bad for workers. What I op- ing Americans. If one thinks that, one pose—and what I have always opposed—are is not truly a free market person as I Jack Lew is prepared to do that? No, I trade deals that put the interest of multi- don’t. We need a Secretary of Treasury national corporations ahead of the interests like to see myself. I guess Senator who will do that. of American workers—like NAFTA, and SANDERS sees more of a government- Not only did the Bank of America CAFTA, and permanent normal trade rela- dominated economy and would have pay nothing in Federal income taxes, tions with China. And I’ll also oppose the Co- the same skepticism about how it but in 2010 it received a rebate from the lombia Free Trade Agreement if President works. IRS worth $1.9 billion that year. They Bush insists on sending it to Congress be- So I think we do need to ask our- pay nothing in taxes, they are enor- cause the violence against unions in Colom- selves a good deal about what is hap- mously profitable, they were bailed out bia would make a mockery of the very labor pening when working Americans have protections that we have insisted be included by the American people, and then they in these kind of agreements. So you can not seen their wages increase. Their get a rebate from the IRS for almost $2 trust me when I say that whatever trade wage increases, if at all, have been billion. Then people say: We don’t have deals we negotiate when I’m President will short of inflation. This has gone on for enough revenue; we have to cut Social be good for American workers, and they’ll a decade and something is unhealthy Security; we have to cut nutrition pro- have strong labor and environmental protec- and we need to do better. Mr. Lew did grams for hungry children. Yet when tions that we’ll enforce. come from that crowd and, apparently, one of the largest financial institutions That was Barack Obama, candidate for what he knows about it is a part of in the country gets a rebate and for President in 2008. Unfortunately, it, and I think skepticism is certainly doesn’t pay any taxes, at least for some President Obama signed those bad warranted, as I have indicated. of my colleagues, that is okay. trade deals into law while Mr. Lew was I believe unemployment is high, and In 2010, JPMorgan Chase operated 83 the Director of the Office of Manage- higher than people think, and we need separate subsidiaries incorporated in ment and Budget. As a result, more to work together. Senator SANDERS offshore tax havens to avoid paying American jobs have been lost and our talks about trade deals. The Presiding some $4.9 billion in U.S. taxes. That trade deficits for all of those countries Officer and I have worked together. We same year Goldman Sachs operated 39 have gone up. In my view, we need a got a bipartisan piece of legislation subsidiaries in offshore tax havens to Secretary of Treasury who will work to passed that tried to equalize currency avoid an estimated $3.3 billion in U.S. fundamentally rewrite our trade poli- differences between the United States taxes. Citigroup—where Mr. Lew actu- cies to ensure that American jobs are and China which would begin to level ally worked—has paid no Federal in- no longer our No. 1 export. Do I believe the playing field rather significantly in come taxes for the last 4 years after es- Jack Lew will be that person? Not a favor of American workers who are tablishing 25 subsidiaries in offshore chance. now being unfairly competed against tax havens. On and on it goes. I will conclude by simply saying this: via currency manipulation by China. Wall Street, which was bailed out by This country faces the most difficult That has to be confronted, and I am the American workers, caused the re- economic times since the Great De- prepared to do that. cession, is now enormously profitable. pression. Tens of millions of working I also hope my colleagues will give Its CEOs get huge compensation pack- families, seniors, and children are some thought to the problem of immi- ages, but when it comes to paying their struggling every single day to keep gration. There is no doubt that large taxes, suddenly they love the Cayman their heads above water while the amounts of immigration, low-skilled, Islands. My suggestion is that the next wealthiest people are doing phenome- medium-skilled workers pull down the

VerDate Mar 15 2010 02:00 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.061 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S916 CONGRESSIONAL RECORD — SENATE February 27, 2013 wages of American working people. So cording to his own numbers, the defi- the truth, he doesn’t need to be pro- we need to have an honest, effective, cits went up to $740 billion, $750 billion moted to be the Secretary of Treasury, lawful system of immigration that in the 10th year, going up. Truthfully, one of the great Cabinet positions in serves the American interests as a they were going up even more so in the the United States; the top, primary whole and part of that is to ask our- next 10 years. economic position in our country—and selves: Is it pulling wages down? In one The Congressional Budget Office the world, for that matter. sense, I would say immigration is the came in and they analyzed the same What does this prove? It proves he other side of the coin of trade. It is one numbers and they take assumptions has a political staff mentality, not an thing to take a plant and move it to a and policies. They use the same frame- august, independent personality of country and place it down and they work and the same policies, but they leadership. I hate to say that. I don’t work for less; it is another thing to traditionally make more realistic as- know Mr. Lew personally. I have met bring the workers from that same sumptions. They concluded that in the him, but that is about it. I haven’t country to the United States to work 10th year, the deficit wouldn’t be $744 been involved in these negotiations for less, and then the manufacturer billion but 1,200 billion, 1.2 trillion. where he has been the ‘‘heavy’’ accord- may not be hiring American people, They say Mr. Lew’s assumptions were ing to Mr. Bob Woodward in his book, may not be able to do so at wages they too rosy. He projected more growth and the people who were in there whom would need to work. So I would just than was likely to occur and got better he obstructed and refused to allow make that point. numbers than were likely to occur. compromises to go forward. He was the With regard to Mr. Lew, he has made But, regardless, I am not basing my point man for the failure of the discus- a number of very serious false rep- complaint on the fact he had too rosy sions that had been going on for sev- resentations. I am going to put this up a scenario; I am basing my concern on eral years between the White House one more time. These are words that the fact that Mr. Lew misstated what and the Congress to try to reach a plan should live in infamy. They should be was in his own report, even his rosy that would put America on a sound an example to anyone in the future numbers. How can he say we are spend- course. ing only money we have each year, who thinks they can come before the What is particularly amazing is that when the lowest deficit is $600 billion? Congress and make false representa- at the same time he was announcing He came before the Budget Com- tions or make them to the American the President’s budget—later on that mittee and I asked him about it. I was people. The budget Mr. Lew produced year Congressman RYAN flabbergasted. How could he say that? and the House as Office of Management and Budget Republicans passed a 10-year budget Director in 2011—he brought it out in We looked at the budget he submitted and had a full—as much time as we that would change the debt course of February. The day before he produced America, tighten spending across the it, he made this statement on CNN. He liked, but the numbers were clearly not sustaining what he was saying pub- board, alter tax rates in a way to cre- also made similar statements on other ate economic growth, reduce the def- television programs that Sunday morn- licly. So I asked him: Is it an accurate statement? Is this an accurate state- icit dramatically, and put us on a sus- ing. The budget was officially to be tainable, long-term path. I wouldn’t produced on Monday. This is what he ment? I read it right back to him. This is what he said: agree with everything in it, but it was said: a very solid effort. Erskine Bowles It’s an accurate statement that our cur- Our budget will get us, over the next sev- rent spending will not be increasing the debt. praised the effort. Alice Rivlin, Presi- eral years, to the point where we can look dent Clinton’s OMB Director, also com- He went on to say: the American people in the eye and say we’re plimented the effort. But President We have stopped spending money we don’t not adding to the debt anymore; we’re spend- Obama and Jack Lew trashed it and po- ing money that we have each year, and then have. litically spent 2 years campaigning we can work on bringing down our national I would just say if we are going to against it while the Members of this debt. have a compromise around here, if we body refused to bring forth a budget at That was Candy Crowley on CNN are going to discuss rationally how to all—not the Senate Democrats, oh no. that morning. Was that true? Should get this country on a sound path, we Senator REID said it would be foolish we consider a man to be Secretary of can’t have the budget director saying for us to bring forth a budget. Today Treasury, an august position that re- basically he has a surplus when he marks the 1,400th day since this body quires great credibility and integrity, doesn’t come close to having a surplus. has passed a budget. Passing a budget knowledge about how to manage a gov- Erskine Bowles, the man President in the Congress is required by the ernment and a business and the world Obama appointed to head the debt com- United States Code. Unfortunately, it economy, if he is not correct on that? mission, said a few days after this, I does not put people in jail if they do I have asked my colleagues through- think the 13th or the 14th: This budget not do their duty. But it is in there, out the day: Does anybody defend this? goes nowhere close to where they will and it was not done. Will anybody come forward and say have to go to avoid a fiscal nightmare. this is an honest statement of the con- That is President Obama’s expert who So Mr. Lew has been very loose, dition of America at this time when he spent a year heading, cochairing the made statements that are not justifi- made that statement, that we are not Simpson-Bowles deficit commission— able. They are just not justifiable. going to be adding to the debt any- nowhere near. Yet what did Mr. Lew For example, on February 15—2 days more? say about it? Don’t worry, American after this—being interviewed by Na- When Mr. Lew submitted that budget people. You don’t have to tighten your tional Public Radio, he said: the next morning, Monday morning, he belt. No agencies have to make cuts. If If we’re able to reduce the deficit to the made press statements, but he sub- those mean Republicans make any sug- point where we can pay for our spending and mitted a stack of documents that came gestions of reducing spending, we will invest in the future, that is an enormous ac- with the budget; it was 6 to 8 inches just attack them because they are complishment. This budget has specific pro- posals that would do that. high, and it had tables and accounting hurting old people, children, schools, from his office. They are his numbers and so forth. It does not. It does not bring us to from the Office of Management and That is the game that was played. I the point where we can pay for our Budget where he was a Director. Those don’t appreciate it. It is not right. We spending and invest in the future. We numbers show this: They show that do not need to have high-ranking offi- have nothing but unsustainable deficits there was never a single year in 10 cials coming before this government each year. years in which there was a budget sur- misrepresenting the most fundamental He goes on to say, in a different CNN plus. The lowest single deficit in that facts about our future on the most crit- interview: It takes real actions now so 10-year period was $600 billion, in 1 ical issue of our time. that between now and five years from year; the lowest, $600 billion. The high- Admiral Mullen said the debt is the now, we can get our deficit under con- est deficit President Bush had in his greatest threat to this Nation’s na- trol so that we can stabilize things so whole 8 years was under $500 billion. tional security. If the Office of Man- that we’re not adding to the debt any- This is the lowest in 10. The 5 years, ac- agement and Budget Director can’t tell more.

VerDate Mar 15 2010 02:00 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.063 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S917 Again, there is not a single year in So we began—and I was the ranking trillion. It is another unsustainable Mr. Lew’s budget that the deficit was Republican on the Budget Committee— program. It does not have dedicated lower than $600 billion. we had all these young Senators who revenue. It is going to cost more than Oh, later, at ABC, he said: got elected in 2010. They wanted to be this, frankly. But this is the latest re- This budget has a lot of pain— on the Budget Committee. They want- port that hammers this idea that it is It did not have much cuts, that is for ed to be involved in fixing this coun- not. sure. try’s financial problem. They cam- So I guess what I am saying is, this [But] it does the job, it cuts the deficit in paigned on it. They talked about it all is truly serious. Our total budget today half by the end of the president’s first term. over their States. It was the most com- is less than $4 trillion. This is going to Give me a break. petitive committee here. We had a long add $6 trillion. Our budget this year is The fourth year in President Obama’s list of people who wanted to get on the about $3.5 trillion. That is how much term, the deficit was $1,200 billion. committee. They all could not get on. we spend. We take in about $2.5 tril- That is what it averaged all 4 years. But we got some very good, talented lion. We spend $3.5 trillion. Thirty-six President Bush’s average deficits were people to join the committee and we do percent of what we spent last year was probably $250 billion, $300 billion not have a budget. We have not had a borrowed money because we do not maybe. The highest he ever had was budget in 1,400 days. bring in enough money to pay for our $450 billion. So Mr. Lew was asked: Why doesn’t current expenses. So when he says he is going to cut the Senate do a budget? Do you know We just got a report yesterday from the deficit in half—no, not so. He did what he said? This is a quote on CNN. the Government Accountability Of- not come close to cutting the deficit in . . . we . . . need to be honest. You can’t fice—an independent group that does half. He went on the say: pass a budget in the Senate of the United good work—saying it is going to add It’s going to take a lot of hard work just to States without 60 votes. . . . $6.2 trillion to the deficits. That is why take us to the point where we’re not adding Yes, we do need to be honest. Let me we have to have integrity here. This is to the debt. read the quote again: how we go broke. This is how we are He did a White House blog on Feb- . . . we . . . need to be honest. You can’t getting this country in a position we ruary 13—the same day as this: pass a budget in the Senate of the United do not need to be in. States without 60 votes. . . . Like every family, we have to tighten our During my remarks today, I have ex- belts— Surely, he knows we cannot fili- haustively documented the case That is true— buster a budget. Surely, he knows a against the confirmation of Mr. Lew. I and live within our means while we are in- budget is passed by a simple majority. do not do it for personal reasons. I do vesting in the things that we need to have a That is why a budget is so important. it simply because I think it is the right strong and secure future. . . . We know that That is what the Budget Act did. It thing for our country. I have detailed you have to stabilize where we are going be- said the country needs a budget. It his disastrous budget plans that were fore you can move on and solve the rest of should not be filibustered. You should rebuked by editorial boards across this the problem. This budget does that. be able to pass a budget with 51 votes, country and unanimously rejected by So I think those descriptions of his and it cannot be filibustered. It has Congress. Remember, his budget was budget are stunningly erroneous, and I been that way since 1974. It is in the brought up in the House. It got not a do not believe it was a mistake. He United States Code—the Budget Act. single Republican or Democratic vote. served in the Office of Management and He said that twice. Mr. Lew has to It was brought up in the Senate—not a Budget under President Clinton. He know better than that. Everybody single Republican or Democrat voted was not the boss, but he was one of the knows that. We cannot filibuster a for the budget. What a rejection. This top ones. He knew the budget contin- budget. And yet he was defending the is the man we are going to promote to ued to add to the debt every single year inaction in the Senate and did not Secretary of Treasury? in an unprecedented and unsustainable seem to care whether his words were I have discussed his repeated, know- amount. true, I would suggest, and that is not ing, and deliberate false statements He produced a budget that made no good. about those budget plans—most notori- change in America’s debt course of any So we get into problems with integ- ously his claim that ‘‘our budget will significance—virtually none—and then rity as it comes to spending in Amer- get us, over the next several years, to announced it solved all our problems. ica. Time and time again, we have esti- the point where we can look the Amer- He basically told the American people: mates that underestimate the cost of a ican people in the eye and say we’re Well, don’t you worry. Stick with us. program and at the same time overesti- not adding to the debt anymore. . . . ’’ We have a plan. You do not have to mating the revenue for the program. I have discussed his curiously enrich- have all those cuts. You do not have to Just 2 days ago, I asked for and re- ing time at a failed division of have those cuts. These people just want ceived—actually, 1 day ago, yester- Citigroup, the bank that had the great- to get your money. Follow us. Relax. day—from the Government Account- est difficulties, perhaps, of any bank, Cool it. It is OK. We have a plan. Our ability Office an accounting of the and he headed the division where some plan will solve this problem. President’s health care proposal. As of the worst problems were. He got a It was not true, and I am very un- you remember, the President said: I big bonus just about the time they got happy with that. I think we cannot will not sign a bill that adds one dime a $310 billion bailout loan guarantee— allow that to continue. to the national debt—not one dime. Ev- $310 billion. He did other things. He served as one erybody said: How are you going to add As I close my remarks, I would ap- of the top people in the OMB during all these people into government peal to my colleagues to oppose Mr. President Clinton’s term for a period of health care and it not cost money? Oh, Lew. I would appeal to my colleagues time. He knows how the budget process we are sure this is not going to happen. to defend the integrity of the Senate, works. He, in my opinion, was totally Trust us. Trust us. Do it. But we just to defend the right of our constituents on board with the majority leader in got back a report. They conclude that to hear the truth from government of- the Senate, Senator REID, in his deci- there are several parts of the bill that ficials through CNN or whatever pro- sion not to bring up a budget. They did project savings that will not occur, re- gram they are hearing, and to defend this jointly. They talked about it. sulting in a shortfall of revenue over the idea—the very concept—of truth There is no doubt about that. This was the life of the bill. They indicate it itself as an objective matter. all a planned strategy not to expose would add more than $6.2 trillion to the I would also like to place this in a Senate Democrats to any real reduc- primary debt of the United States. In wider context. Today is the 1,400th day tion in spending but to attack anybody other words, with an unfunded liability since Senate Democrats have passed a who had the gumption to lay out a real of that much, it would take $6.2 trillion budget. They say we will have one this plan that might change the spending in being deposited today and paying out year. Maybe we will. Why has this gone America. That was the campaign strat- over 75 years to supplement this pro- on so long? Because they decided it egy. So he worked on that. That is gram to keep it from failing. It will would be better to offer no solution, no where he was. cost more than a dime. It will cost $6.2 plan, to help struggling Americans and,

VerDate Mar 15 2010 03:46 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.065 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S918 CONGRESSIONAL RECORD — SENATE February 27, 2013 instead, tear down anyone who dared Senator REID produces nothing, the worst in the country. More than offer a plan to solve our Nation’s eco- brings out no budget, because he says one-half of all Detroit children live in nomic problems. This is the heart of it is foolish to do so? He meant foolish poverty. the problem in Washington right now. politically. He didn’t mean foolish for This should not happen. What is the We have one political party that sees America not to bring forth a budget. response? Borrow more money and send the budget debate as an exercise in po- How could it possibly be foolish for out more checks. This is not the way litical warfare, to advance power, not America, the , to to help people. These are the con- problem solving. comply with U.S. law that says we sequences of leftist policies. We are op- At the center of this strategy is the should bring up a budget? posed to those policies. They do not White House, and at the center of the Majority Leader REID said of one Re- work. They hurt the people, they pre- White House is Mr. Lew. In his cam- publican reform effort that it was ‘‘a tend and assert that they are helping. paign for reelection, President Obama mean-spirited bill that would cut the We are fighting for policies that cre- repeatedly said he had a plan to ‘‘pay heart out of the recovery that we have ate jobs, create rising wages, create op- down our debt.’’ If he did, he never sub- in America today. It goes after little portunity, help more people earn a mitted it to Congress. He did not have children, poor little boys and girls. We good living and care for themselves, be one. He even ran a campaign ad, late in want them to learn to read.’’ independent and prosperous and get on the campaign, saying: This is the level of debate we have in the road to higher wages, supervisory I believe the only way to create an econ- this country. This is why we have a se- positions, health care and retirement omy built to last, is to strengthen the mid- quester that can’t be fixed, this kind of benefits. This can be possible in this dle class—asking the wealthy to pay a little ridiculous talk. Somebody needs to country. We are trying to lift people more so we can pay down our debt in a bal- stand up and say we are tired of it. out of poverty and strengthen family anced way. So we can afford to invest— My plan, my view for America, is to and community. We are trying to pro- More, I guess— help poor people be prosperous, rise out tect the good and decent people of this in education, manufacturing, and home- of poverty. We don’t judge that by how country from a debt crisis. grown American energy, and for good middle many checks we send out, how much Erskine Bowles and Alan Simpson class jobs. deficit we run up, and leave our coun- told us this Nation has never faced a But did he have such a plan? Not Mr. try in danger. The Republicans, can- more predictable financial crisis. They Lew’s plan, at that point his Chief of didly, have not done enough to stand said if we don’t get off this course, this Staff, supervising the OMB Director, up to these egregious attacks. We need unsustainable path, we may have an- who followed him. Again, this was the to defend ourselves more effectively other one, and it may be worse than strategy: offer a plan that does nothing and aggressively. Voting against Jack the 2007 one. to alter our dangerous debt course Lew would be a vote against dishonest Where does Mr. Lew stand? Where while pretending it does just the oppo- tactics, misrepresentation of facts. does the White House stand? They did site. Then, once you have done that, Every Republican ought to ask them- everything they could to defend the bu- attack anyone who dares to propose to selves, should I vote to advance a man reaucracy, no matter the cost in wast- reduce the size of the bureaucracy, at- to a top position he is not really quali- ed dollars or lost jobs. Mr. Lew sub- tack anyone who suggests Washington fied for, who is loyal to the President’s mitted an indefensible budget plan that is too powerful—attack, attack, at- political agenda, and places that above would have caused further social and tack, while never offering anything telling the truth? economic devastation. They delib- that would actually work to help The painful truth is to some extent erately misled the Nation about that Americans who are struggling every this political strategy has been suc- plan, deliberately misled the country day. After the White House budget was cessful up to now. President Obama about it. He knew this wasn’t true, and submitted in 2011, this budget I have and his Senate majority have blocked then he participated in a strategy that referred to that he announced, Presi- fiscal reform and continued on our shot down any efforts from the Repub- dent Obama, if you remember, spoke at path to fiscal disaster. It is time we lican side to reform the situation. George Washington University in your pointed out that the establishment I urge my colleagues to reject these area, with Congressman PAUL RYAN, they are shielding from cuts, the big tactics from the White House. I urge the House Budget chairman in attend- government apparatus they contin- them to stand up for the good and de- ance, sitting right before us. ually defend, is hurting people every cent people of this country who work Congressman RYAN, as you remem- day. It is bloated, it is inefficient, it is hard every day, try to do the right ber, had laid out a plan which would fix duplicative, and fraud occurs every thing, want to get ahead, and want to the financial future of America, if day. see their wages rise instead of stag- adopted, and put us on a sound course. Their policies, their endless support nate. I urge them to vote to hold high President Obama responded: of the bureaucracy has created pov- government officials accountable by One vision has been championed by Repub- erty, joblessness, and dependency. It putting politics ahead of policy or sac- licans in the House of Representatives. . . . It’s a plan that aims to reduce our deficit by has created low wages, low growth. rificing truth for political gain. I urge $4 trillion over the next 10 years. . . . But In cities such as Baltimore, Detroit, them to oppose Mr. Lew. the way this plan achieves [that goal] would and Chicago, governed almost exclu- I yield the floor. lead to a fundamentally different America sively by Democrats and Democratic The PRESIDING OFFICER. The Sen- than the one we’ve known throughout most policy at every level, the good, hard- ator from Oklahoma is recognized. of our history. . . . This is a vision that says working people are hurt every day by Mr. COBURN. I ask to speak as if in up to 50 million Americans have to lose their these leftist policies. They do not morning business. health insurance in order for us to reduce work. The PRESIDING OFFICER. Without the deficit. And who are those 50 million In the city of Baltimore, one in three objection, it is so ordered. Americans? Many are someone’s grand- SEQUESTRATION parents who wouldn’t be able to afford nurs- children live in poverty. One in three ing home care without Medicaid. Many are Baltimore residents are on food Mr. COBURN. I want to spend a few poor children. Some are middle-class fami- stamps. Imagine that, the great city of minutes this afternoon talking about lies who have children with autism or Baltimore. what is going to happen on March 1, Down’s syndrome. . . . These are the Ameri- In Chicago, where roughly 500 homi- something we have known is going to cans we’d be telling to fend for themselves. cides occurred in 2012, 51 percent of the happen for 18 months. Nobody really This is our level of debate in Wash- city’s children live in a single-parent wanted it to happen this way, but I ington: when Congressman RYAN deals home. want to make the case if we give the honestly with the challenges we face to In Detroit, almost one in three administration the flexibility, we can tighten the belts across the board, cre- households had not a single person easily swallow $85 billion a year in re- ate mechanisms to enhance American working at any time in the last 12 ductions. growth and job creation, this is what months. Almost one-third of them I am going to go through a small set the President said—with him sitting hadn’t had a single person working. of oversight reports I have actually right there. The city’s violent crime rate is among done in the last year or so talking

VerDate Mar 15 2010 03:29 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.066 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S919 about waste within the Federal Gov- Sports Conference Complex. The Se- the Pentagon for something that is al- ernment. attle Mariners and San Diego Padres ready being done somewhere else. We looked at the urban area security have their spring training there. We also know we have a benefit for grants of the Department of Homeland Here are Urban Area Security Initia- our military families called the PX and Security. We looked at the Department tive grants which are supposed to be commissaries. But when we go out and of Defense, the programs that were in spent on security. What we found is a price products, what we find is you can the Department of Defense which don’t large portion of the money across the actually buy at retail stores at a lower have anything to do with defense; that country is not being spent on security; price than you can at the commissary. is $67 billion a year. it is being used to augment aspects of For the cost of running all those orga- Let me say that again: $67 billion a what communities need. nizations, we could give every troop an year is spent in the Department of De- This is a good way to trim $700 mil- additional $1,000 a year and save $5 bil- fense which has nothing to do with de- lion through these grants. While I am lion over the next 10 years. We could fending the country. at it, what we do know is the Depart- give them $1,000 more, and they would We outlined the 100 most wasteful ment of Homeland Security, 6 months be able to buy at lower prices from a projects, we put that out in December ago, had $8 billion in unobligated bal- commercial vendor versus a com- of this year, a treasure map. We looked ances. Secretary Napolitano made a de- missary. at the Market Access Program and cision—and her basis was for stimulus, Overhead support and supply serv- what it is actually doing to some of the economic stimulus—she would take the ices. Over 300,000 military members are wealthiest agricultural businesses in requirements off of those grants and performing civilian-type jobs. In other this country. It is subsidizing their ex- push that money out the door. They words, these are Army, Marine, Navy, port of sales. Money for nothing, all of were only able to push $3 billion out and Air Force personnel trained as the money that we spent that hadn’t the door, so there is still $5 billion sit- warfighters, and we have them doing actually accomplished anything. We ting in Homeland Security in unobli- nonmilitary jobs at the Pentagon. We did a report on that. gated money from last year alone that could put civilian employment in place Next we did a report on the subsidies hadn’t been spent. This addresses many and have these military people avail- for the rich and famous because we do of the issues that we are talking about able to be warfighters and save $37 bil- have a mixed-up Tax Code, and over $30 in terms of the sequestration. lion over the next 10 years just in the billion a year in benefits goes to a very The Department of Defense, in terms differential in what our total costs are small number of people in this country of the ‘‘department of everything’’—let for the two different types of employ- inappropriately through our tax cuts. me outline for you a minute. Not all ees. The discussion and disagreements we this money could be saved because they So when we talk about a sequester taking $85 billion, I have just cited are going to have on that will be about are doing some things, but they have over $85 billion over 10 years just by what do you do with that. Everybody no business being at the Department of looking at a few programs. So we hear agrees we probably ought to fix that. Defense, with $67.9 billion over 10 years the number, and we think about the Do you fix it by just raising taxes or do in nondefense spending; nonmilitary Federal Government being twice the you fix it by reforming the Tax Code research and development, $6 billion a size it was 11 years ago and that we are and actually getting greater taxes year. And education, the average cost 27 percent higher in terms of discre- coming into the Federal Government? to educate a child on base in America— tionary spending in nondefense and The other point I wanted to make is not our foreign bases, not where we ac- that even if the sequester goes there are a lot of things we may se- tually need private schools—is over through, as it is now planned for the quester that I have been talking about $51,000 per year per student. military, the military expenditures for years, which actually haven’t got- We could consolidate that program, will actually still be greater next year ten any traction, but I suspect right as we do at all but 16 bases, and over 10 than what they are this year. So it is now will be getting some traction. The years save $9 billion. important that we talk honestly with first one is the grant programs in the There are STEM programs, 103 dif- the American people about where we Department of Homeland Security. ferent STEM—science, technology, en- are on these projects. In one area, the Urban Area Security gineering, and math—programs within Let me just for a second talk about a Initiative, which is a component of the the Pentagon alone. Consolidating report called the ‘‘Waste Book.’’ We Homeland Security grants, we spend those would save $1.7 billion over the put it out every year. We gave 100 ex- $170 million a year on one grant pro- next 10 years. These are programs not amples of the most egregious ways tax gram. What we did when we looked at necessarily initiated by Congress ei- dollars were wasted last year. it is we found tremendous amounts of ther, I might say. They do have the Examples include $450,000 for an un- waste that have nothing to do with in- flexibility on a lot of these programs to used airport in my State and $325,000 creasing the security in the commu- make those changes. for robotic squirrels. This was a grant nities where this money was spent. The Department of Defense tuition issued to study what we already know Let me give you a few examples: do- assistance program totally duplicates about robotic squirrels and their inter- mestic drones that have limited capa- our veterans assistance program. So actions with rattlesnakes. I can’t see bility, can’t fly over anything that is you can do in-service, have access to that as a priority for us. At a time populated because they are not reliable tuition while you are in-service and when we are running $1.2 trillion defi- enough. Also, underwater robots, snow then have the identical access to tui- cits, we don’t need to be spending cone machines, security upgrades for tion afterward, and you can claim money on that type of research. spring baseball training programs and them both. We spend $91 million a year giving— stadiums, color printers, BearCat vehi- So we have multiple duplications you won’t believe this one—charitable cles for communities of 20,000 people there. And there is nothing wrong with status to the NFL, the PGA, and sev- who will never have a need for that wanting to give an educational benefit eral other sports entities. So on the piece of equipment. Yet we spent it be- to our troops, but we don’t need to do profits they make, the PGA defers cause the people making those pieces it twice. That is a significant $5.4 bil- taxes coming to the Federal Govern- of equipment are so good at helping lion. ment in terms of $91 million a year. cities get grants whether they need Alternative energy. We have a De- Now, I don’t know of a pro sports team them or not, they apply for them. partment of Energy. Their whole goal that isn’t in the business of being prof- Columbus, OH, bought an underwater is to work on alternative energy and itable, yet the organizations they send robot, $98,000. They don’t have a facil- renewable energy and efficiency within a lot of this money through we are al- ity, a true natural lake or other lake in energy. The Department of Defense is lowing to hide that money through the which they could actually utilize this spending $700 million a year on re- Tax Code. That is $91 million a year. piece of equipment, but they bought it search in alternative energy that to- Why are we doing that? anyway. tally duplicates everything we are Another example: $27 million was Spring training in Arizona, $90,000 to doing everywhere else. So there is $700 spent by the State Department on pot- install video surveillance at the Peoria million we should not be spending at tery classes in Morocco. The whole

VerDate Mar 15 2010 02:00 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.068 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S920 CONGRESSIONAL RECORD — SENATE February 27, 2013 project was an abject failure, but the 2009—it is higher than that now—got $7 Mr. President, I ask unanimous con- real question is, Why are we spending million, and the American cotton in- sent to have printed in the RECORD the $27 million on pottery classes in Mo- dustry received $20 million and re- letter to which I just referred. rocco? Could we spend $27 million and ceived another $4.7 million from a sepa- There being no objection, the mate- have a better effect for the Moroccan rate USDA market access program. rial was ordered to be printed in the people than a failed pottery class pro- Finally, I wish to talk for a minute RECORD, as follows: gram? The answer is, certainly. about more than $70 billion in Federal The size of the State Department is funds that has been left unspent years MCALESTER, OK, February 26, 2013. twice the size it was 5 years ago—twice after it has been appropriated. We have Hon. TOM COBURN, M.D., the size in terms of total expenditures. $70 billion sitting out there in accounts Russell Senate Office Building, The other thing we talked about is that has been obligated but not spent, U.S. Senate, Washington, DC. the subsidy for the rich and famous in now older than 5 years old, which means it is never going to be spent. So DEAR DR. COBURN: The City of McAlester is terms of what is out there. On average, currently working hard to rebalance our we found $30 billion a year that mil- that money is sitting in a bank ac- budget after a sudden downturn in our reve- lionaires—people who make at least $1 count somewhere that we could pull nues over the past two months. As you know, million a year—enjoy in benefits from back, if we had effective management, municipalities in Oklahoma are required by tax giveaways and Federal grant pro- because people didn’t use the money in statute to maintain a balanced budget. With grams. That is $30 billion a year. That a grant, they didn’t use the money in a sales tax receipts abruptly falling by ten per- is $300 billion. That is over one-third of program, and yet we have failed to do cent compared to the prior year, we have had what we are talking about on the se- that. So we are borrowing an extra $70 to act quickly to reduce costs. questration. Yet we have done nothing billion every year to fund the govern- The first step we took was to implement on that. ment when we have $70 billion out an immediate hiring freeze. The budgeted po- This has been out for a year, by the there in accounts that should revert sitions that are currently open include two way. Here are some more examples. We back to the Treasury. street maintenance workers, a full-time and have $74 million spent on unemploy- At the end of this year the Federal a part-time administrative assistant, a water plant operator, a police officer, an animal ment checks that went to millionaires Government had $2 trillion in unex- pended funds. This is according to control officer, a firefighter, an accounting last year. That is right, $74 million manager, a meter reader and a planning di- OMB, not the Congressional Budget Of- went out to people who made $1 mil- rector. We will reallocate work among other lion, but we still paid them unemploy- fice. The Office of Management and employees wherever we can. If we determine ment. We spent $316 million on people Budget says that two-thirds of this that an unfilled position will affect the safe who are making more than $1 million a money was obligated, but a third of it operation of the community, only then will year farming. We sent them $316 mil- wasn’t obligated. So you have $650 bil- the position be filled. lion worth of subsidies and $89 million lion in unobligated balances sitting in With a revenue shortfall projected at $1.2 for preservation of their ranches and the Federal Government accounts that million, we are also making budget reduc- their estates. These are people making we are not shuffling around to direct to tions In virtually every other expense cat- an adjusted gross income above $1 mil- the things that are most important. egory including supplies, repairs and mainte- lion a year. We sent them $9 billion in Let me finish, but first I would like nance, fuel, utilities, travel and training, consulting services, legal services, etc. Of retirement checks, we sent them $75.6 to make one other point. I got a letter this week from the mayor of a medium- course, we have also zeroed out any contin- million in energy tax credits for their gency amounts we had included in the budg- homes, we sent them $7.5 million for sized town in my State. It is from the mayor of McAlester, OK. I am going to et for the unexpected. However, we have been costs and damages due to emergencies, careful to retain budget items for long-term enter this letter into the RECORD be- and we also gave them a writeoff on infrastructure projects as we consider it un- cause in this letter we see a demonstra- their gambling losses in excess of $3 wise to risk damaging our city’s future. tion of the kind of leadership that is billion. needed when there is a financial prob- None of these cuts are without pain. But The other thing I found very unusual all will be accomplished while maintaining as we looked at this is that people lem in front of you. essential city services. By reducing our Let me read this. making an adjusted gross income in ex- spending in these areas, we anticipate we can The City of McAlester is currently working cess of $1 million were given $16 mil- finish the fiscal year without having to dip hard to rebalance our budget after a sudden into emergency fund balances. lion in government-backed education downturn in our revenues over the past two loans. That is right, $16 million in gov- months. As you know, municipalities in Prompted by what we see as an economic ernment-backed education loans. Oklahoma are required by statute to main- situation likely to continue into the next fis- One of the other areas we did a study tain a balanced budget. cal year and potentially beyond, we are also on was the Market Access Program. We taking this opportunity to thoroughly re- In other words, it is a law in Okla- view our local government cost structure. have all heard of Sunkist and Welch’s homa that you have to have a balanced The goal is to organize in a way that is more and Blue Diamond. In 2012 we paid budget. So what has he done? efficient and more effective. By stretching them $6 million from the taxpayers to Continuing to read: each revenue dollar to the max and by help them sell their products overseas. The first step we took was to implement a prioritizing our needs and wants, we hope to These are hundred-million-dollar cor- hiring freeze. narrow or eliminate the gap between what porations, minimally. They are billion- So they reassigned workers. And citizens expect from their government and dollar corporations. We don’t do that with a revenue shortfall projected at what they are willing and able to pay for. Best regards, for the rest of all the corporations in $1.2 million, they took every other ex- STEVE HARRISON, this country, but because they happen pense account category, including sup- Mayor, City of McAlester. to be associated with an agriculture plies, repairs and maintenance, fuel, program, we decided to subsidize the utilities, travel and training, con- Mr. COBURN. The final point I would overseas products of the very well-to- sulting services and legal services, and make is the following: A little more do corporations. That may be a laud- reduced their budgets. In other words, than 3 years ago we passed an amend- able goal, but at a time of tight prior- they responded. ment that I offered that forced the ities, it is not a laudable goal. Over $2 The mayor continued in his letter: Government Accountability Office— billion has been spent on this program, None of these cuts are without pain. But the government’s accounting office— which has indirectly subsidized their all will be accomplished while maintaining and the Comptroller General to iden- advertising costs. So $2 billion has essential city services. tify every program in the Federal Gov- gone to very profitable agricultural Now, for McAlester, a $1.2 million ernment, and not only to identify it companies that, if we were to look at budget cut is a bigger hit than we are but to outline where we have duplica- their 10–Ks, their SEC reports, they are talking about with sequestration. If tions and overlaps. And they have done doing just fine. They don’t need the the mayor of a community of 25,000 a wonderful job. We are going to get Federal taxpayer to do this. people can make the adjustments to the last third of that report about a The California wine industry, which serve his constituency without decreas- month from today, April 1, but what do had domestic sales of $18 billion in ing services, why can’t we? we know so far? We know we have

VerDate Mar 15 2010 03:29 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.069 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S921 about $370 billion in the first two- in the government, and yet we spend legal system of West Virginia. I do so thirds of this where they say there is $2.6 billion on it. because Frank is getting ready to re- massive duplication. There is $370 bil- We have 15 different separate un- tire after nearly half a century of serv- lion worth of expenditures a year. manned aerial aircraft programs with- ice to our great State—as a lawyer, as I have talked with the President, and in the Federal Government. We are a professor, as a judge, and as an un- he disagrees with me on this, but when going to spend $37 billion on that. Why wavering champion of justice. I wish to you think about it, we have 47 separate do we have 15? Maybe two or three, be- congratulate him for the extraordinary job training programs, of which all but cause we have different requirements, job he has done and to thank him for three overlap. They are highly ineffec- but 15? his countless contributions to the bet- tive in total. So why don’t we have two So we have the massive amount of terment of West Virginia. or three? We spend almost $19 billion duplication that is going on within the Dr. Cleckley’s stellar and pioneering on those programs. We could spend $9 Federal Government which implies legal career began in 1965 when he billion, cut it down to three programs, massive amounts of duplicative admin- earned his law degree from Indiana put metrics on it, and make sure it is istrative and overhead costs. I would University. It will end next week at working. The reason I know it is not bet that one-third of what is happening West Virginia University with a retire- working is I looked at every job train- in the sequester, if you consolidated ment ceremony that so many of his ing program in my own State, and the programs—didn’t eliminate any, just family, friends, and colleagues will be ones that are most successful are the consolidated the management—you attending to celebrate this great man. ones that are totally State run without could save one-third of what the se- I only wish I could be there because I any Federal Government interference. quester is just from the administrative have valued and appreciated his friend- The ones that are federally run—and overhead associated with those. ship for so many years. some are good, I will give you that, but So when you hear discussions about Frank Cleckley joined the faculty at most are not—most are not successful we shouldn’t be doing the sequester, West Virginia University College of in efficiently and effectively giving that the sequester is going to be pain- Law in 1969, after serving as a lawyer somebody a life skill and getting them ful—and it is; I don’t deny that. But it in the U.S. Navy Judge Advocate Gen- into employment. doesn’t have to be. All it takes is a eral’s Corps at the height of the Viet- We have 253 different, duplicative De- small drop of common sense, both in nam war. Not only was he the first Af- partment of Justice grant programs Congress and the executive branch, to rican American on the staff at the spending $2 billion a year. If you are work our way through these problems. West Virginia University College of needing a grant, you might apply to My hope is the President will work Law, he was also the first full-time Af- DOJ in one of these 253 areas and then with us on giving him flexibility in rican-American professor in the his- you might apply again over here in an- terms of managing this. tory of West Virginia University. other area for the same thing. And the Remember, $85 billion really isn’t 85. As a law professor at West Virginia fact is that the Government Account- It is only going to be about 44. That is University, Frank literally wrote the ing Office says: We don’t know if people what we are talking about. It is dis- book on practicing law in West Vir- are double- and triple-dipping. As a proportionately heavy on the defense. I ginia. He authored two you will find in matter of fact, what did we find? We have a lot of colleagues on my side who every courtroom and every lawyer’s of- have people getting the same amount disagree with me on the waste that is fice in West Virginia—the ‘‘Handbook of money from different grant pro- in the Pentagon, but I have seen it, I on Evidence for West Virginia Law- grams from the same grant applica- have looked at it, and I have had a lot yers,’’ and the ‘‘Handbook on West Vir- tion. So what we have is a tremendous of people inside the military call and ginia Criminal Procedure.’’ These two problem. talk to me about the waste that is books are continually updated and are, We just discovered in the State of there. We now have an admiral for in the words of the West Virginia Su- Oklahoma that we have a housing ad- every ship we have in the Navy. No- preme Court, the bible for West Vir- ministrator for a city that has no body else has that anywhere else in the ginia’s judges and attorneys. houses. There are 3,700 housing admin- world, and with that comes an average Of course, for the generations of West istrators in the United States—prob- of 200 other employees per admiral. Virginia law students who have passed ably closer to 4,000 because we are still The question is, Can we do this? through Dr. Cleckley’s classroom, the counting. Some of those have very big Should we do it? And can we do it in a fact that he wrote those two books is a responsibilities. I don’t mean to dimin- way that is best for the American peo- source of great amusement for them, ish them at all. But couldn’t we con- ple? We are going to cut this money whenever they hear him quoting him- solidate those, especially in areas such one way or the other. It is not because self in his lectures. ‘‘As it says in as rural Oklahoma and the other rural a Republican wants to cut it or because ‘Cleckley,’ ’’ Professor Cleckley would States so we spread that overhead and the President wants to cut it or be- say with a smile. have fewer housing administrators? cause a Democrat wants to cut it. We Also, as a member of the West Vir- We have 56 financial literacy pro- are going to cut it because the math in ginia Supreme Court of Appeals, the grams. Think about that for a minute, our future is going to force us to cut it. first African-American justice in our 56 different programs for the Federal I know people don’t think discre- State, Frank Cleckley would pay spe- Government to create a program to tionary programs are much of the prob- cial attention when lawyers stumbled make you financially literate. lem with what we are spending money over evidence in their arguments. And First of all, there is a problem with on, but I would surmise that well over on more than one occasion, Justice that because we are not financially lit- 15 percent of everything we do in dis- Cleckley would quietly quip to one of erate, borrowing $1.2 trillion a year. cretionary spending—including the his colleagues: There’s one lawyer who No. 2, we don’t know what the words ef- Pentagon—is not effective or efficient. didn’t take my evidence class. ficiency and effectiveness mean in the Mr. President, I yield the floor. Frank Cleckley grew up in Hun- Federal Government—or, at least, have The PRESIDING OFFICER (Mr. tington, WV, the youngest of 11 chil- limited knowledge of that. And, fi- BLUMENTHAL). The Senator from West dren. At one point, his ambition was to nally, why do we have that many fi- Virginia. play pro football. But after working for nancial literacy programs? There is no Mr. MANCHIN. Mr. President, I ask former Indiana Congressman J. Edward sane answer to that question. permission to speak as in morning Roush in the 1960s, he found his true As I outlined in some of the others, business. calling—to be a lawyer and champion 160 housing assistance programs, $170 The PRESIDING OFFICER. Without of civil rights. million a year. We have 53 programs objection, it is so ordered. Throughout his legal career, he has across 4 agencies to help entrepreneurs. CONGRATULATING DR. FRANK CLECKLEY ON HIS been an exceptional trial lawyer, not The Federal Government is helping en- RETIREMENT only in antidiscrimination lawsuits, trepreneurs? Our entrepreneurial spirit Mr. MANCHIN. Mr. President, I rise but also in representing clients who is not very active and not very success- to pay tribute to Dr. Franklin D. couldn’t pay him. In fact, he came to ful in terms of what we are doing with- Cleckley, one of the true giants of the be known as the ‘‘poor man’s Perry

VerDate Mar 15 2010 02:00 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.071 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S922 CONGRESSIONAL RECORD — SENATE February 27, 2013 Mason.’’ He has been a one-man legal of person as Secretary of the Treasury ury Secretary. He has demonstrated aid society. today, a person who will bring together time and again that he has the knowl- He also was instrumental in reviving our Nation with the type of fiscal pol- edge and policy expertise to help get the Mountain State Bar Association, icy that Democrats and Republicans the Nation’s economy back on track. the oldest minority bar in the United can rally behind as we look for a solu- He is a very smart man and a very States. In 1990, he established the tion to our fiscal issues. dedicated, total public servant. Franklin D. Cleckley Foundation to He was President Clinton’s OMB Di- If confirmed by the Senate today, Mr. help former prisoners with education rector, and during that time we bal- Lew has said he is eager to work with and employment opportunities. Two anced the Federal budget. We were able all of us here in the Congress to years later, he set up another organiza- to do something that has only been strengthen the American economy and tion to bring civil rights leaders to the done once in my lifetime; that is, we create more jobs. That is the key, work West Virginia University as lecturers. actually balanced the Federal budget. together to create more jobs. The only Last fall, as he reflected on his long Jack Lew was the architect of bringing way we could get past these constant legal career, Frank said that when he us together to balance the Federal budget battles is by working together, was a kid in Huntington, he wanted to budget. We need that type of leadership Republicans and Democrats, in the do something with his life that was in the Treasury today—a person who House and the Senate, and we need to meaningful and important in West Vir- understands fiscal responsibility and work with Mr. Lew and the administra- ginia. Well, he did. But it turns out it understands how to do it in a way tion to craft policies that create more wasn’t the NFL, as he once thought. It where you can create job growth. Dur- jobs and spark economic growth. was WVU. Frank Cleckley is a true ing those years, let me remind us, we If confirmed, we will be entrusting Mountaineer. He helped West Virginia created millions of jobs. Mr. Lew with the authority to oversee University become the nationally re- He then returned to public service as America’s financial system and eco- spected institution it is today. the OMB Director for President Obama nomic policy. It is a great responsi- The Reverend Martin Luther King, and as Chief of Staff. He has the experi- bility, one which I believe Mr. Lew will Jr. once said that the arc of the moral ence we need to be Secretary of the live up to. I think he has what it takes. universe is long but it bends toward Treasury, and he has the political The Treasury Secretary is obviously justice. And, in my view, one of the know-how to bring us together—Demo- the top economic adviser to the Presi- reasons it bends toward justice is there crats, Republicans, Americans—to do dent. He works for the President and are people such as Frank Cleckley what is right for this country. he works for the country. So the sec- bending it with their honesty, their in- I am proud he is willing to step for- ond role of the Treasury Secretary is tegrity, and their commitment to what ward. I urge my colleagues to support to speak to the Nation about our Na- is right. his nomination. He is the right person tion’s finances. It is a dual role. He is It fills me with great pride to stand at the right time to lead our Nation on working for the President and he is here today and tell the Senate about fiscal policy. also working for all of us, the people of the accomplishments of Prof. Frank I yield the floor. the United States of America. It is a Cleckley and his service to West Vir- The PRESIDING OFFICER. The Sen- very prestigious, very important posi- ginia. He is a great lawyer, he is a ator from Montana. tion. When he speaks, he is speaking great man, and a great West Virginian, Mr. BAUCUS. Mr. President, I ask for America on financial matters and and Gayle and I join his family and unanimous consent that there be 10 also on economic matters. It is a sepa- friends in celebrating his long and dis- minutes remaining for debate, equally rate role that all Treasury Secretaries tinguished pursuit of justice. divided in the usual form, on the Lew perform, the good ones, and I think The PRESIDING OFFICER. The Sen- nomination; that following the use or Jack Lew is going to be a very good ator from Maryland. yielding back of time, the Senate pro- one. Mr. CARDIN. Mr. President, shortly, ceed to vote. I ask my colleagues to confirm Mr. I hope, we will be voting on the con- The PRESIDING OFFICER. Without Lew today as the Nation’s next Treas- firmation of Jack Lew to be the next objection, it is so ordered. ury Secretary so he can get to work Secretary of the Treasury, and I urge Mr. BAUCUS. Mr. President, earlier and help strengthen the economy. my colleagues to support that nomina- today I spoke in support of Jack Lew’s I yield the floor. tion. He is the right person at the right nomination to be the next Treasury The PRESIDING OFFICER. The Sen- time to be Secretary of the Treasury. Secretary. Over the last 6 hours or so ator from Alabama. He has devoted his entire life to public some have come to the Senate floor to Mr. SESSIONS. Mr. President, I will service. I thank him for that, and I question Mr. Lew’s character, claiming wrap up here with a few thoughts be- thank him for his willingness to con- he has not been forthcoming through- fore we vote. I spent a good deal of tinue to serve his Nation. He has a out his confirmation. time today delineating a series of seri- great record of accomplishment. Let me remind my colleagues that ous, deep problems with this nomina- I have known Jack Lew for 26 years. Mr. Lew participated in one of the tion, why I truly believe he should not I have served with him on common most thorough reviews of any can- be confirmed. I suppose maybe there issues, and I want to bring to the at- didate for this position: a process that are votes to confirm him. We will see tention of my colleagues some of the included hours of interviews and the as that goes forward. I do not see any things he has done. He first served in examination of 6 years of tax records need to delay any further, but it is the House of Representatives as a staff and more than 700 questions for the time for the American people and the person for Speaker of the House Tip RECORD. In comparison, the committee Members of this Senate to consider O’Neill. In that capacity, one of the re- asked Secretary Geithner only 289 where we are with this nomination. sponsibilities he had was to be the liai- questions—only; Secretary Paulson 81; On February 13 of 2011, a day before son to the commission that was work- and Secretary Snowe 75 questions. Re- the President submitted the budget, ing on Social Security reform when member, Jack Lew was asked over 700 the budget Jack Lew wrote, he went on President Reagan was President of the questions. CNN and other TV stations and said United States. I mention that because Throughout the confirmation proc- these words, words that will live in in- I think we all point to that time when ess, Mr. Lew has been nothing but open famy if we care anything in this body a Democratic-controlled Congress and and transparent. I believe he has about respectful treatment from the a Republican administration were able gained the trust and confidence of executive branch, if we have any com- to deal with one of the most difficult many in this Chamber. In fact, 19 of 24 mitment to the plain truth. He said: challenges of the time, the solvency of Senators on the Senate Finance Com- Our budget will get us, over the next sev- Social Security, and they were able to mittee yesterday voted on a bipartisan eral years, to the point where we can look the American people in the eye and say we’re come together with a bipartisan prod- basis in favor of Jack Lew’s nomina- not adding to the debt anymore; we’re spend- uct. Jack Lew’s fingerprints were in- tion. ing money that we have each year, and then volved in that transaction. He was able Many recognize that Mr. Lew is well we can work on bringing down our national to bring us together. We need that type qualified to be the Nation’s next Treas- debt.

VerDate Mar 15 2010 02:00 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.073 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S923 How unbelievable a statement could truth, that we are not backing down, [Rollcall Vote No. 25 Ex.] that be, since his own numbers—not we are going to continue to spend, we YEAS—71 somebody else’s, his own numbers when are not going to cut spending. They Ayotte Graham Murkowski he submitted the budget on Monday, would not say that. This is what they Baldwin Hagan Murphy the next day—showed that the lowest said. Whereas their budget did just the Baucus Harkin Murray Bennet Hatch single deficit in any one of the 10 years opposite. Nelson Blumenthal Heinrich Paul was $600 billion. He would have added I feel strongly about this. This is not Blunt Heitkamp Portman $13 trillion to the gross debt of the right. We in Congress should not have Boxer Hirono Pryor Brown Hoeven United States over 10 years and the this kind of misrepresentation before Reed Burr Isakson Reid numbers, the deficits were going up in Cantwell Johanns us and we should not reward people Rockefeller Cardin Johnson (SD) the last 5 years—a totally who participate in such misrepresenta- Schatz Carper Kaine unsustainable course. tion. He is the architect of the admin- Schumer Erskine Bowles, the head of the fiscal Casey King istration’s calculated plan to misrepre- Coats Kirk Shaheen commission, was in shock, I think, sent the budget, to not have a budget Cochran Klobuchar Shelby Stabenow when he saw this. He was appointed by in the Senate, to not expose themselves Collins Landrieu President Obama to head the commis- Coons Leahy Tester any more than possible, to attack Re- Cowan Levin Thune sion. He said this will take them no- publicans such as PAUL RYAN in the Donnelly Manchin Toomey where near where they have to go to House, who actually laid out a plan Durbin McCain Udall (NM) Warner avoid the Nation’s fiscal nightmare— that would change the debt course of Feinstein McCaskill nowhere near. And he was absolutely Flake Menendez Warren America. That is what the plan was, Franken Merkley Whitehouse right about that. and Mr. Lew was the architect of it and Gillibrand Mikulski Wyden Then he also said, on CNN on a dif- he executed it. Boy, what was it like, NAYS—26 ferent day, another interview, the do you think, for him to be in the Sen- budget ‘‘takes real actions now so that Alexander Enzi Risch ate, in the White House, and have to be Barrasso Fischer Roberts between now and 5 years from now, we told or asked: Would you go out and Boozman Grassley Rubio can get our deficit under control so say this? Chambliss Heller Sanders that we can stabilize things so we’re Coburn Inhofe Scott Mr. Geithner, Secretary of the Treas- Corker Johnson (WI) Sessions not adding to the debt anymore.’’ Cornyn Lee It had never come close to that. It is ury—I ask consent to have 1 additional Vitter minute. Crapo McConnell Wicker a horrible thing. He said this. I asked Cruz Moran The PRESIDING OFFICER. Without him about it before the committee. I NOT VOTING—3 read that very quote to him before the objection, it is so ordered. Begich Lautenberg Udall (CO) committee 3 days later and this is what Mr. SESSIONS. Mr. Geithner—and he said. I asked him, is it an accurate this is important, colleagues—Treasury The nomination was confirmed. statement, this statement right here? Secretary Geithner came before the The PRESIDING OFFICER. Under And he said: committee. He would not repeat these the previous order, the motion to re- It’s an accurate statement that our cur- words. I questioned him. Of course he consider is considered made and laid rent spending will not be increasing the debt. tried to avoid it but eventually when upon the table. ... asked directly he honestly said: Sen- The President will be immediately He went on to add: ator, this budget will not put us on a notified of the Senate’s action. We’ve stopped spending money that we sustainable path, exactly opposite of don’t have. what Mr. Lew was saying. f First of all, this Senate, this Con- I ask my colleagues to consider this. LEGISLATIVE SESSION gress, should defend the integrity of I ask them not to award the person our process. We should not have high who participated in so calculated a The PRESIDING OFFICER. The Sen- government officials come before our plan to misrepresent the financial con- ate will resume legislative session. committees and before the American dition of America and cause the Amer- people and misrepresent in such a dra- ican people to believe we had some sort f matic way the financial condition of of time that had the country on a our country. I called it then and I re- sound path when we remain to this day MORNING BUSINESS peat now that this, I believe, was the on an unsustainable path that endan- Mr. REID. Mr. President, I ask unan- greatest financial misrepresentation in gers working Americans. imous consent the Senate proceed to a the history of this Republic. If anybody I yield the floor. period of morning business with Sen- has one that is bigger, let me hear it, Mr. CARDIN. Mr. President, I yield ators permitted to speak for up to 10 but I don’t think they will. I said that back all remaining time. I ask for the minutes each. earlier today. You tell me—$13 trillion yeas and nays. The PRESIDING OFFICER. Without added to the debt and they say we are The PRESIDING OFFICER. Is there a objection, it is so ordered. not going to be adding to the debt any- sufficient second? The Senator from Tennessee. more. There appears to be. There is a suffi- Mr. ALEXANDER. Mr. President, I The budget was a terrible budget. It cient second. think the Senator from West Virginia was a terrible budget. Editorial board is preparing to speak, but I will speak The question is, Will the Senate ad- after editorial board—the Washington if he is not ready. vise and consent to the nomination of Post, the Los Angeles Times, the Den- The PRESIDING OFFICER. The Sen- Jacob J. Lew, of New York, to be Sec- ver Post, the Dallas Morning News— ator from Rhode Island. retary of the Treasury. there must have been 40 editorial Mr. WHITEHOUSE. Mr. President, I boards that hammered this budget for The clerk will call the roll. understand the Senator from West Vir- failing to lead—the Wall Street Jour- The assistant legislative clerk called ginia is going to have the floor, fol- nal, Financial Times, Investor’s Busi- the roll. lowed by the Senator from Tennessee, ness Daily—they all hammered this Mr. DURBIN. I announce that the and I wish to be recognized to make budget because this was early in 2011, Senator from Alaska (Mr. BEGICH), the some remarks following the Senator after the 2010 elections, after the shel- Senator from New Jersey (Mr. LAUTEN- from Tennessee. lacking of the big spenders, and there BERG), and the Senator from Colorado The PRESIDING OFFICER. Without was a hope somehow that we would be (Mr. UDALL) are necessarily absent. objection, it is so ordered. able then to get the administration to The PRESIDING OFFICER. Are there The Senator from West Virginia. come around and change some things. any other Senators in the Chamber de- Mr. MANCHIN. Mr. President, are we But they stayed right with their big siring to vote? in morning business? spending policies. They stayed right The result was announced—yeas 71, The PRESIDING OFFICER. The Sen- with it and they decided not to tell the nays 26, as follows: ator is correct.

VerDate Mar 15 2010 03:00 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.075 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S924 CONGRESSIONAL RECORD — SENATE February 27, 2013 CONGRESSIONAL VETERANS JOBS If we don’t do something it is going Nation in Iraq, Afghanistan, and other CAUCUS to get worse. With more than 100,000 post-9/11 missions around the world. Mr. MANCHIN. Mr. President, just service men and women expected to re- Now, as these men and women return over a year ago my good friend, Sen- enter civil life each year over the next home, they are confronting yet another ator MARK KIRK of Illinois, and I 5 years, their challenge to find jobs is challenge—finding a job. launched a new caucus in the Senate. only going to intensify. Listen to the According to the Bureau of Labor Our purpose was to bring attention to veterans, and we would be surprised Statistics, unemployment among the problem of unemployment among when they tell us that sometimes the younger veterans has reached stag- our military veterans. Mark and I stress of finding a job in a tough econ- gering proportions. Nearly one-third of looked at everything the Department omy can match the stress of combat in all veterans aged 18–24—and more than of Veterans Affairs and other govern- some of the most dangerous and dis- half of female veterans in that range— ment agencies were doing to help vet- tant places in the world. are unemployed. erans find jobs. We believed the private Imagine for a moment that you are Roughly 800,000 veterans call Illinois sector needed to be more involved, so 21 and just back from the rugged home. And in 2010, Illinois’ veteran un- we created the Senate Veterans Jobs streets of Kandahar, reunited with employment rate was the fourth high- Caucus. your family, and you are going up and est in the country. Today, the Senate Veterans Jobs down the streets of your hometown That is why I joined with my good Caucus is the Congressional Veterans looking for a job week after week with friend and colleague, Senator JOE Jobs Caucus. It is a bicameral, bipar- no luck at all. That is real stress. That MANCHIN (D–WV), in forming the Con- tisan group of 37 Senators and 46 House is pressure, and that is what more than gressional Veterans Jobs Caucus. And 1 Members brought together by a shared 3 out of 10 of our young veterans are year later, 35 Senators and 46 Rep- commitment to the newest generation experiencing right now as we speak. resentatives from across the political of veterans. Like every generation of American spectrum have joined the effort. This week we are kicking off the warriors before them, today’s veterans We are bringing together government caucus’s activities for the 113th Con- make great hires. They lead by exam- and business leaders, veteran service gress with a ‘‘Day on The Hill.’’ It is an ple. They understand teamwork. They organizations, and educational institu- event highlighting our work on behalf are flexible and open to change. They tions to identify solutions to reduce of veterans, and particularly our show- are tech savvy. And talk about per- vets’ unemployment. And I am proud case program, ‘‘I Hire Veterans.’’ forming under pressure—even in the Not only will we be recruiting more to report that several Illinois employ- most stressful situations, with limited Members of Congress to join our cau- ers, such as State Farm and Caterpillar resources, they get the job done. cus, but we will also be enlisting more are stepping up to help. After World War II, with the millions businesses to join the eight major cor- At a time when so many see a divided of American GIs returning home, Presi- porate partners that have already government, we owe it to our veterans dent Harry Truman appointed GEN joined our ranks. These corporations to cast aside our differences and work Omar Bradley to run the Veterans’ Ad- expect to hire about 200,000 veterans in across the aisle to help solve this prob- ministration. Bradley was a popular the next 5 years. lem.∑ The members of the Congressional choice, and his steely approach to help- Thank you, Mr. President. Veterans Jobs Caucus are leading by ing veterans was widely admired. Brad- The PRESIDING OFFICER. The Sen- example. We are hiring veterans to ley’s marching orders to the VA were ator from Tennessee. work in our Senate and House offices. simple: ‘‘We are dealing with veterans, My colleagues will probably see the not procedures, with their problems, f signs as they go by our offices that say not ours.’’ ‘‘I Hire Veterans.’’ It is a logo dis- You will find that same kind of com- THE DIFFERENCE BETWEEN A FIL- played proudly in our offices—the same mitment to today’s generation of vet- IBUSTER AND A MOTION TO CUT logo my colleagues will see in the busi- erans in the Congressional Veterans OFF DEBATE nesses that share our commitment to Jobs Caucus. It is simply unacceptable that when Mr. ALEXANDER. Mr. President, I veterans. come to the floor to attempt to clear Our I Hire Veterans Program is basi- the courageous Americans who fight up some confusion about Senate proce- cally our new yellow ribbon, a special our wars finally get to come home, dure. The confusion I wish to address is welcome home and a commitment to they have to fight for jobs. The Con- that some observers of the Senate seem serve those who have served our coun- gressional Veterans Jobs Caucus is try in the most difficult and dangerous committed to making sure that does to have a hard time telling the dif- circumstances. not happen. ference between a filibuster that is de- There is no sugarcoating the fact America has said it is time to bring signed to kill the nomination of a Cabi- that the job market is tough, espe- our troops home. After a decade of war net member or a judge and a motion by cially for our young veterans. Unem- and incredible sacrifice by our war- the majority leader to cut off debate. ployment among these veterans has riors, the homecomings are well under- Let me say that again—the difference reached crisis proportions according to way. It is not always easy to come between a filibuster that is designed to the latest data from the Bureau of home from war. But the homecoming prevent the nomination of a Cabinet Labor Statistics. Listen to these fig- will be easier if we fulfill our obliga- member or a judge on one hand or a ures, if my colleagues will. They are tions, and that includes making sure motion by the majority leader of the astonishing. For veterans 18 to 24 years our fighting men and women come Senate to cut off debate. of age, their unemployment rate is 31.3 home to a job. There is a big difference. But some- percent—31 percent. Even more stag- After all, as General Bradley said: times I read in the newspapers that Re- gering is the jobless rate for female ‘‘We are dealing with veterans, not pro- publicans are filibustering, for exam- veterans in that same age bracket of 18 cedures, with their problems, not ple, Senator Hagel, as if a majority of to 24, and that is over 55 percent unem- ours.’’ Republicans or a majority of the Sen- ployment. The employment situation I would ask all of my colleagues ate intended to deny the confirmation isn’t much better for the National here—we have 37 of our Senators signed of Senator Hagel through a filibuster, Guard and Reserves because employers up to this Veterans Jobs Caucus—I when, in fact, what most of the Repub- are reluctant to hire somebody who would hope we would have 100, and we licans were saying was: The nomina- may be subject to being called to duty, are going to be working hard for that. tion of the former Senator has come to and this generation of National I want to thank my good friend Sen- the floor only 2 days ago. We have Sen- Guardsmen and Reserves are coming ator MARK KIRK from Illinois for help- ators who have legitimate questions home from a decade of repeated deploy- ing launch this. We have worked to- about the nomination, and we wish to ment that, in many cases, interrupted gether. We will continue to work with have some time to discuss it. or delayed their careers or education. all of our Senators. We appreciate and In that case, we were forced to have Many of them are just now realizing thank you. a vote on a motion by the majority how difficult it can be to jumpstart ∑ Mr. KIRK. Mr. President, more than leader to cut off debate on Thursday school or a career. 2 million Americans have served our before the recess, even though the

VerDate Mar 15 2010 03:00 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.076 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S925 Democratic leadership and the White been able to find, the rule of the Senate ish the secret ballot in union elections, House had been told by Republican was that the President’s nominees to I imagine Republicans will do their Senators—enough of us—if we voted be on the Federal courts of appeals al- best to kill the bill with a 60-vote mar- after the recess there would be plenty ways received an up-or-down vote. gin. Democrats would do the same with of votes to make sure the President’s They were decided by a vote of 51. a right-to-work provision if Repub- nominee had an up-or-down vote, as we Then our friends on the Democratic licans were in charge. That has hap- have done throughout history in the side, when President Bush became pened throughout history. And with U.S. Senate. President, decided they did not like lesser nominations that has happened. Now, for whatever reason, the major- that and they changed the practice. If a National Labor Relations Board ity leader and the White House felt They began to filibuster President nominee is controversial, there might they had to push through a vote and Bush’s judges to deny them their seats. be a 60-vote requirement—even with a then went into a large complaint that I had just arrived in the Senate in nomination to the Tennessee Valley Republicans are filibustering the Presi- 2003. I was very upset by that because Authority. dent’s nominee, Republicans are ob- I knew some of the nominees. I knew I remember when the distinguished structionists of the President’s nomi- about Miguel Estrada. I knew how majority leader held up President nee, when all we were doing was doing Charles Pickering, in Mississippi, had Bush’s TVA nominees because he what Senators historically do, which is been a pioneer in the civil rights move- thought the President should have ap- ask for a sufficient time to exercise our ment when people said he was not. I pointed Democrats instead of Repub- constitutional duty of advice and con- knew that William Pryor had been a licans. I pointed out to him that the sent. law clerk to the Honorable John Minor law did not say he had to do that. But Advice and consent is our best known Wisdom, the Federal courts of appeals the majority leader said, well, he was constitutional responsibility. Books judge for whom I clerked in New Orle- going to hold them up anyway. I could have been written about it, movies ans. I knew these were good people. not get him to stop doing that until I have been written about it, and speech- They just happen to be conservative. held up somebody he wanted from Ne- es have been made about it time after They just happen to be Republicans. So vada. time. If we do not do it, we would be our friends on the other side of the So this has gone on throughout his- derelict in our duty. aisle said: We are going to filibuster tory with lesser nominees. It is a part So there is a big difference between and kill those nominees. of the advice and consent of the Sen- asking for time to exercise our con- There were three others: Priscilla ate. It is a way we gather information. stitutional duty of advice and consent Owen, Carolyn Kuhl, Janice Brown. All It is a way we make a point. It is a way and using a filibuster to prevent the the cloture votes failed. There was no we sometimes get something in ex- nomination of a Cabinet member or a final vote. And then there were four change. It is a power that an individual judge. more in 2004. So there were 10 alto- I went back through history as best I Senator has. gether. Democrats for the first time As with all the powers we have, it could. The Congressional Research filibustered to kill 10 of President should be exercised with restraint. If Service has issued a report on what has Bush’s judges. all 100 of us exercised all the privileges happened throughout the Senate’s his- That produced a reaction. That pro- tory on Cabinet members and judges. we have at any given time, nothing On district judges, according to CRS, duced Republicans who said: OK, we would happen. no district judge nomination has ever are going to change the rules of the Let me conclude by remaking my failed to be confirmed because they Senate. We are going to make this a first point. Advice and consent is the failed to obtain cloture. Did it take majoritarian institution. We are going best known responsibility of this Sen- some time? Were questions asked? Yes, to decide these questions by 51 votes. ate. It is a constitutional duty. We ex- of course. That is part of the process. Well, cooler heads prevailed and we ercise it diligently. It often involves But the fact is, no district court nomi- adopted a consensus that only in ex- some delay. It often involves asking for nation has ever failed to be confirmed traordinary cases would Federal appel- more time to consider someone, get- because they failed to obtain cloture. late court judges be denied their seat ting information that was not easily So if the majority leader will wait a by a cloture vote, by a 60-vote margin. gotten before. Every Senator knows sufficient amount of time for the mi- In every other case, it would be 51 that the time to ask a nominee about nority members to have their questions votes. an issue is before that nominee is con- answered, a district judge in this body Based on the research I have been firmed. They are able to talk about today—and we have proved it time and able to make, only two of President something, it seems, easily. Their ap- time again—will not be denied his seat Obama’s circuit court nominees have pointments are not hard to get. So that because of a 60-vote cloture vote. There failed to obtain cloture and were not is a part of what we do every day. will be an up-or-down vote on a district confirmed, and those are Caitlin But I hope the observers of the Sen- judge. Halligan and Goodwin Liu. ate will make a distinction in the fu- The same is true so far with a Cabi- So the bottom line of history is, no ture between the majority leader’s ef- net member. The only exception I have district judge has ever been denied his fort to cut off debate and the minori- found is when the Democrats, unfortu- seat or her seat by a filibuster. No Cab- ty’s intention to kill a nominee with a nately, used a cloture vote—a 60-vote inet member—with the exception of filibuster. Because we do not do it with requirement—to block the nomination John Bolton by the Democrats, if you district judges—never have. We do not of John Bolton, President Bush’s nomi- want to count that—has been denied do it with Cabinet members—never nee to be U.S. Representative to the his or her seat by a filibuster. have. We have done it twice on the Re- United Nations. As far as circuit court nominations publican side with circuit court judges; Some Presidents include that posi- go, the score is 10 to 2. The Democrats Democrats have done it 10 times—both tion in the Cabinet; some do not. But have filibustered to death 10 of Presi- unfortunate precedents, I think. But aside from that singular incident, dent Bush’s nominees, and Repub- with Cabinet members and district which I point out was the Democrats— licans, in return, have filibustered 2. I judges, that is the record. the Democrats—saying they are going think that is an unfortunate precedent. So there is a difference. There is a to filibuster a nominee by the Presi- I would like for the Senate to go back difference between asking for a reason- dent and deny him a seat, so far as I to where it was when even a nominee able amount of time to debate and ex- have been able to tell, there has not such as Clarence Thomas for the Su- ercise advice and consent and a fili- ever been an instance in the history of preme Court of the United States was buster with the intention of preventing the Senate where Republicans have decided by a majority vote. the nomination entirely, finally, of a used a filibuster to deny a Cabinet In addition to that, of course, there judge or a Cabinet member. member an up-or-down vote when nom- is the question of: Do we filibuster leg- I thank the Presiding Officer and inated by a President. islation? The answer is yes, we do. And yield the floor. That only leaves circuit judge nomi- sometimes we do on either side to kill The PRESIDING OFFICER. The Sen- nees. Up until 2003, so far as I have a bill. If a bill comes over here to abol- ator from Rhode Island.

VerDate Mar 15 2010 02:57 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.080 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S926 CONGRESSIONAL RECORD — SENATE February 27, 2013 Mr. WHITEHOUSE. Mr. President, Only 55 issues have been elevated to and Lloyd’s of London have for years while the Senator from Tennessee is on the High Risk List since it first began been developing strategies to address the floor—and because he referenced in 1990. The current list comprises 30 climate change. Our Federal insurance the filibuster of district judge nomi- big-ticket problems, such as improving programs don’t even have the basic in- nees—let me say that there was a con- defense program management, pro- formation to address these risks. certed effort to try to filibuster a dis- tecting the Nation’s cyber infrastruc- Understanding and preparing for trict court nominee, one whom Senator ture, and modernizing Federal health these risks is essential to protect our REED and myself had a particularly programs. When a problem reaches communities from catastrophic loss. keen interest in, since we rec- GAO’s High Risk List, it shouldn’t According to NOAA, the value of flood ommended this candidate to the Presi- matter if you are a Democrat or a Re- insurance coverage in my home State dent, and it was the Senator from Ten- publican. These issues must be among of Rhode Island was $2.2 billion in 2011. nessee, along with 10 of his Republican the top priorities of Congress and of The Ocean State has received $57 mil- colleagues, who decided that was not in the Nation. lion in payouts since 1978, some of the best traditions of the Senate and Add now to this list of serious na- which helped Rhode Islanders recover who voted against the filibuster and to tional problems the destabilizing fiscal from our record floods of 2010 brought allow cloture so that the precedent re- risk posed by climate change. on by extremely heavy rainfall. Folks mains that district judges will not be The Federal Government and our who have flood coverage through the filibustered. I just want to take this military—and by definition, the Amer- National Flood Insurance Program opportunity to thank him for doing ican taxpayer—own and operate hun- should know that heavy rainfall has in- that, and to let him know he has my dreds of thousands of buildings and ex- creased in the Northeast by 74 percent gratitude for that. I think it was in the tensive infrastructure in every State, since the 1950s, and scientists predict best interests of the Senate. I do not including utilities, flood control and that warmer air will continue to in- think the Senator did it in order to navigation systems, powerplants, dis- crease the frequency of heavy rainfall gain any gratitude from me. I think he tribution networks, and irrigation sys- and consequent flooding in the North- did it because, as a matter of principle, tems, not to mention the usual roads east. he thought this was the way the Senate and bridges. The Federal Government Disaster aid is expensive. FEMA has should behave. But I certainly do ap- also manages about 650 million acres of obligated more than $80 billion in Fed- preciate it and I want to take this mo- land for grazing, for timber, for con- eral disaster aid between 2004 and 2011. ment to say so. servation, and for recreation. That is Another $50.5 billion in emergency aid f nearly 30 percent of the total area of was just approved for the northeastern CLIMATE CHANGE the United States, and climate change communities devastated by Hurricane is affecting virtually all of it. Sandy. PSE&G, New Jersey’s largest Mr. WHITEHOUSE. I am here, actu- The overwhelming majority of cli- utility, plans to spend over $4 billion ally, Mr. President, to once again urge mate scientists tell us that the air and over 10 years to make its electric and Congress that we have to wake up to oceans are warming, that sea level is gas systems more resilient to these se- the growing threat of climate change. rising, and that we are changing the vere storms. New Jersey’s second larg- The alarm bells are ringing. The signs very chemistry of our oceans. These est utility, JDP&L, announced that it are all around us. Yet we continue to changes—some of them unprecedented intends to spend $200 million to do the sleepwalk through history, ignoring in human history—increase the risk of same. According to Jeanne Fox, who is the warnings from the scientific com- extreme weather, such as heat waves, a commissioner on the New Jersey munity, from economists and business floods, droughts, and storms. As GAO Board of Public Utilities, ‘‘This is a leaders—even from our military—of points out, Federal assets in every cor- cost of climate change, pure and sim- long-term shifts in the climate of our ner of the country are at risk. ple.’’ planet. Storms crashing into the Southeast, It is really time for us to wake up. In Another alarm has now sounded—this wildfires burning throughout the West, the private sector, the insurance and time by the Government Account- and floods inundating the Northeast utility industries are facing the threat. ability Office, the taxpayers’ watchdog. are not just local problems. Droughts Congress must now act responsively. For the first time ever, the threat to are draining aquifers in the Midwest, House Oversight Committee ranking the Federal Government of climate warm temperatures are melting perma- member ELIJAH CUMMINGS asked GAO change has been included on the Gov- frost in Alaska, and rising, warming, Comptroller Gene Dodaro if it was ernment Accountability Office’s High ‘‘GAO’s opinion that regardless of the Risk List. more acidic oceans are eroding our na- Every 2 years, at the start of a new tional coast lines and threatening our outcome of global negotiations to re- Congress, GAO—the Government Ac- lives and our seas. These are not just duce carbon emissions, the United countability Office—provides the local problems. Climate change is a States Government should take imme- House and Senate with a list of pro- high-risk threat to our shared national diate action to mitigate the risk posed gram areas that are at high risk. GAO well-being, our shared national wealth, by the climate change.’’ Comptroller was the government’s nonpartisan and our shared national heritage. General Dodaro responded with a sim- auditor, and the High Risk List is its The GAO High Risk List sounds yet ple and unequivocal ‘‘yes.’’ catalog of threats to the integrity and another alarm that we are fools to ig- In the High Risk List, GAO states performance of the Federal Govern- nore. For instance, GAO found that that despite any possible future reduc- ment. neither the National Flood Insurance tion of emissions, ‘‘greenhouse gases GAO says: Program nor the Federal Crop Insur- already in the atmosphere will con- Solutions to high-risk problems offer the ance Corporation is prepared to deal tinue altering the climate system for potential to save billions of dollars, improve with climate change. many decades.’’ That is the way the service to the public, and strengthen the per- Between 1980 and 2005, the Flood In- laws of physics and chemistry work. formance and accountability of the U.S. gov- surance Program’s exposure quad- Damage with lasting consequences is ernment. rupled to nearly $1 trillion. The Crop already done. House Oversight Committee chair- Insurance Program increased 26-fold to Many effects of climate change can man, DARRELL ISSA, has called the $44 billion. Yet GAO reports that these be mitigated, and it is the responsi- High Risk List ‘‘the most important programs have not even developed the bility of this Congress to help our Na- report published.’’ As we face the indis- ‘‘information needed to understand tion prepare and adapt. Some Federal criminate spending cuts of the multi- their long-term exposure to climate efforts are underway. In 2003 the U.S. billion-dollar sequester, Chairman ISSA change and not yet analyzed the poten- Department of Transportation initi- pointed out that ‘‘the list represents tial impacts of an increase in the fre- ated a study of climate risks to gulf tremendous opportunities to save those quency or severity of weather-related coast transportation. It is now cooper- billions of dollars.’’ It is enough, actu- events.’’ ating in that study with the South Ala- ally, to prevent the sequester we are Major private insurance companies bama Regional Planning Commission. careening toward twice over. such as Allianz, Swiss Re, Munich Re, The Bureau of Land Management and

VerDate Mar 15 2010 02:57 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.081 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S927 the U.S. Forest Service are developing I yield the floor, and I note the ab- viously agreed to, the Senate then re- a drought vulnerability model, a car- sence of a quorum. sume consideration of the bill and, bon storage map, and an alpine moni- The PRESIDING OFFICER. The upon disposition of S. 16, the Senate re- toring program to help land managers clerk will call the roll. sume consideration of S. 388 if the mo- in southwestern Colorado cope with the The legislative clerk proceeded to tion to proceed was previously agreed effects of a changing climate. The Cen- call the roll. to. ters for Disease Control and Prevention Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Is there have a Climate-Ready States and Cit- imous consent that the order for the objection? ies Initiative to help local health de- quorum call be rescinded. Without objection, it is so ordered. partments prepare for changes in The PRESIDING OFFICER. Without f health risks driven by climate change. objection, it is so ordered. MORNING BUSINESS EPA partnered with ’s The Republican leader is recognized. Mr. REID. Mr. President, I ask unan- Department of Environmental Protec- f imous consent that the Senate proceed tion to develop a software tool that to a period of morning business with helps drinking water and wastewater UNANIMOUS CONSENT Senators allowed to speak therein for utility operators understand how cli- AGREEMENT—S. 16 up to 10 minutes each. mate change poses risks to their facili- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without ties. ask unanimous consent that the objection, it is so ordered. Rhode Island, I am proud to say, is Inhofe-Toomey bill at the desk be con- f one of many States that have formed a sidered as the bill that qualifies for in- climate change commission. The com- troduction under the February 14 con- REMEMBERING C. EVERETT KOOP mission is coordinating with Federal sent agreement. Mr. DURBIN. Mr. President, I rise to officials to identify specific State and The PRESIDING OFFICER. Without speak about the passing of an extraor- local challenges that are presented by objection, it is so ordered. dinary American, a man who received our changing climate. Twenty other the Presidential Medal of Freedom. I f States have similar climate action think he was one of the true leaders in plans developed or underway. TO PROVIDE FOR A SEQUESTER my lifetime when it came to issues re- Despite the actions by States, the ac- REPLACEMENT—MOTION TO PRO- lated to health care. Of course, I am re- tions in the private sector, and the CEED ferring to former U.S. Surgeon General warnings in the GAO High Risk List, C. Everett Koop. CLOTURE MOTION special interest politics in Congress It is hard to imagine today, as we re- prevent the Federal Government from Mr. MCCONNELL. I now move to pro- flect on all that has happened in the using our resources effectively and effi- ceed to S. 16, and I send a cloture mo- last several decades, the courage it ciently against this threat. The pol- tion to the desk. took for Dr. Koop to step up and hon- luting special interests have Wash- The PRESIDING OFFICER. The clo- estly describe the HIV/AIDS epidemic ington gripped in a barricade of ob- ture motion having been presented to the American people. This socially struction, and the effect truly is dis- under rule XXII, the Chair directs the conservative doctor went so far as to graceful. clerk to read the motion. make sure there was a mailing to every Consider, for example, NOAA’s pro- The legislative clerk read as follows: posal to create a National Climate household in America that described CLOTURE MOTION Service, akin to its renowned National the threat of this disease. There were We, the undersigned Senators, in accord- Weather Service. This was a no-cost re- many who thought that would never ance with the provisions of rule XXII of the happen because of the political envi- structuring that would have central- Standing Rules of the Senate, hereby move ized NOAA’s work on understanding ronment of the day. But Dr. Koop rose to bring to a close debate on the motion to to the challenge and, in doing that, he the climate, including its observations proceed to Calendar No. 19, S. 16, an Inhofe/ of climate change. The National Cli- Toomey bill to cancel budgetary resources saved lives in America. And he in- mate Service would have helped meet for fiscal year 2013: formed this country in a way that no the growing local demand for climate Mitch McConnell, John Cornyn, Patrick other Surgeon General has about this change science information. This pro- J. Toomey, James M. Inhofe, Johnny looming danger. posal was blocked by Republicans over Isakson, Richard Burr, John Thune, If only that alone were his legacy, it in the House who simply don’t want to Tom Coburn, Jeff Sessions, Roger F. would be more than enough. But I had Wicker, Mike Johanns, Mike Crapo, hear about climate change. That kind a special personal friendship with him Pat Roberts, Ron Johnson, James E. that related to our mutual efforts of thinking will not get climate change Risch, Jerry Moran, John Barrasso. off the High Risk List. against the scourge of tobacco and the According to GAO, ‘‘The Nation’s The PRESIDING OFFICER. The ma- deaths related to that product. We vulnerability can be reduced by lim- jority leader. have come a long way in America, and iting the magnitude of climate change Mr. REID. Mr. President, I ask unan- Dr. Koop was part of the progress we through actions to limit greenhouse imous consent that tomorrow, Feb- made. He was resolute in making it gas emissions. . . . While implementing ruary 28, at a time to be determined by clear that tobacco was the No. 1 avoid- adaptive measures may be costly, there the majority leader, after consultation able cause of death in America at his is a growing recognition that the cost with Senator MCCONNELL, the Senate time, and is still today. of inaction could be greater and—given proceed to vote on the motion to in- He was helpful in so many ways. the government’s precarious fiscal po- voke cloture on the McConnell motion When Senator FRANK LAUTENBERG and sition—increasingly difficult to man- to proceed to Calendar No. 19, S. 16; I, more than 25 years ago, teamed up— age given expected budget pressures.’’ that if cloture is not invoked, the mo- I was then in the House; FRANK in the Congress has been asleep long tion to proceed be withdrawn and the Senate—to ban smoking on airplanes, enough. We have a tradition in this Senate then proceed to vote on the mo- it was something that neither Senator body of taking the accounting of tion to invoke cloture on the Reid mo- LAUTENBERG nor I could have predicted GAO—our nonpartisan watchdog—seri- tion to proceed to Calendar No. 18, S. would have had the impact it did. It is ously and of taking GAO’s High Risk 388; further, if cloture is invoked on the one of the Malcolm Gladwell tipping List seriously. GAO now joins our de- McConnell motion to proceed, the mo- points in health history in this country fense and intelligence communities, tion to proceed be agreed to and the because when we took smoking off air- our scientific research communities, Senate resume consideration of the planes, people started asking the obvi- our State and local governments, and Reid motion to proceed to S. 388 and ous question: If secondhand smoke is major sectors of private industry that vote on the motion to invoke cloture not healthy on an airplane, why is it have all elevated climate change from on the Reid motion; that if cloture is healthy in a train, in a bus, in an of- their to-do list to their must-do list. It invoked on the Reid motion, the mo- fice, in a hospital, in a restaurant, in a is time for Congress to wake up to its tion to proceed be agreed to; that if the government building? And all of the duties and to get to work. motion to proceed to S. 16 was pre- dominoes started to fall.

VerDate Mar 15 2010 02:57 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.077 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S928 CONGRESSIONAL RECORD — SENATE February 27, 2013 America is a different place today. C. It is probably hard for anyone young- The man continued: ‘‘That was 68 Everett Koop was one of the most cou- er than 40 and perhaps even 50 to un- years ago. I grew up . . . went to col- rageous medical voices who stepped out derstand how Dr. Koop’s courage and lege and two graduate schools . . . got time and time again to remind us of candor fundamentally changed the pub- a commission in the Army . . . served the importance of that issue. Once lic debate on smoking. 71⁄2 years active duty with 21⁄2 years in again, his leadership saved lives. Before the Surgeon General’s report, Vietnam in 2 infantry divisions . . . 25 On the back pages of yesterday’s smoking was common in offices and years in the Army Reserves . . . and 30 Washington Post was an editorial enti- restaurants and public buildings years as a civilian intelligence officer tled: ‘‘PEPFAR’s glowing report card, throughout America—even in the con- in DC, with 15 years on the [Joint 10 years later.’’ fined space of airline cabins. Chiefs] staff. [I was] in the Pentagon PEPFAR—the President’s Emer- In 1986, I cosponsored a bill in the during the 9/11 attack.’’ gency Plan for AIDS Relief—was begun House—and Senator LAUTENBERG co- He ends by saying: ‘‘I can only hope under President George W. Bush. While sponsored a measure in the Senate—to that in some small way, I have been President Bush and I haven’t always ban smoking on domestic flights of 2 worthy of the life Dr Koop gave me al- seen eye to eye, I have the greatest re- hours or less. We didn’t know it then though I could never adequately repay spect for his leadership in the effort to but that law, which passed in 1987, was him.’’ end the global AIDS pandemic. the beginning of a smoke-free revolu- Dr. Koop’s wife of 67 years, Elizabeth, PEPFAR is the largest global health tion that has saved countless lives. died in 2007. He remarried in 2010. initiative ever undertaken focused on a Dr. Koop provided the facts and the I want to offer my condolences to his single disease. When Congress reau- leadership to make that change pos- widow, Cora Hogue, to Dr. Koop’s chil- thorized it in 2008, we asked for a re- sible. dren and grandchildren and his many port card on its effectiveness. Remarkably, Charles Everett Koop friends and colleagues. Well, a remarkable—and remarkably had no background in public health As I mentioned, Dr. Koop lived to the thorough—analysis of PEPFAR was when he was appointed by President impressive age of 96 years. But what is just released by the National Institute Reagan in 1981 to head the commis- truly impressive is the fact that untold of Medicine of the National Academy sioned corps of the U.S. Public Health millions of people around the world of Sciences. The verdict: PEPFAR has Service. have lived, and will continue to live been ‘‘globally transformative,’’ a He was, at the time, 64 years old and longer, healthier lives, because of the ‘‘lifeline’’ and credited around the one of the world’s leading pediatric professional excellence, wisdom, and world for ‘‘restoring hope’’ in the long, surgeons. He was also a socially con- courage of Dr. Charles Everett Koop. difficult struggle against HIV/AIDS. servative Christian who had written a He served America well and he will be The report goes on to say that the popular treatise against abortion. missed. He was born in Brooklyn, an only program has set big goals ‘‘and has met f or surpassed many of them’’ and it child, and he used to say that he had ‘‘has saved and improved the lives of wanted to be a surgeon since he was 6 SELECT COMMITTEE ON ETHICS millions’’ of men, women and children years old. He attended Dartmouth College and throughout the world. RULES OF PROCEDURE That is an achievement that all ’s Medical College Americans can be proud of. and began his residency at the Univer- Mrs. BOXER. Mr. President, in ac- On the front page of yesterday’s sity of Pennsylvania Hospital in 1942. cordance with rule XXVI(2) of the In 1946, when he was not yet 30 years newspapers was the story of one Amer- Standing Rules of the Senate, Senator old, Dr. Koop became chief of surgery ican who could take a special pride in ISAKSON and I ask unanimous consent at Children’s Hospital of Philadelphia. our Nation’s efforts to end the global that the Rules of Procedure of the Se- Pediatric surgery as a medical spe- lect Committee on Ethics, which were AIDS pandemic. cialty barely existed at that time. C. Everett Koop died Monday at the adopted February 23, 1978, and last re- Most doctors viewed children then as age of 96. vised November 1999, be printed in the little adults. Operations on newborns He was called ‘‘America’s Doctor.’’ RECORD for the 113th Congress. The were rare and often fatal. As U.S. Surgeon General during the committee procedural rules for the Dr. Koop established what is consid- 113th Congress are identical to the pro- Reagan administration, Dr. Koop in- ered by many the first neonatal inten- formed—and really transformed— cedural rules adopted by the com- sive care unit in the country. mittee for the 112th Congress. Americans’ understanding of HIV/AIDs. President awarded Dr. There being no objection, the mate- He saw beyond politics and ideology Koop the Presidential Medal of Free- rial was ordered to be printed in the and understood that HIV/AIDs were not dom in 1995. RECORD, as follows: punishments, they were a public health Dr. Koop’s legacy will live on in the emergency. scores of pediatric surgeons he trained, RULES OF THE SELECT COMMITTEE ON At a time when there was great fear many of whom went on to head pediat- ETHICS and ignorance about HIV/AIDs and lit- rics departments in hospitals in Amer- PART I: ORGANIC AUTHORITY tle treatment for the illness, Dr. Koop ica and around the world. SUBPART A—S. RES. 338 AS AMENDED saw that information was the most His legacy will live on through the S. Res. 338, 88th Cong., 2d Sess. (1964) useful weapon against AIDS. institute that bears his name, the C. Resolved, That (a) there is hereby estab- In May 1988, he mailed a seven-page Everett Koop Institute at Dartmouth lished a permanent select committee of the brochure, ‘‘Understanding AIDS,’’ to University. Senate to be known as the Select Committee every household in the country. It was And Dr. Koop’s legacy will live on in on Ethics (referred to hereinafter as the ‘‘Se- an audacious act of leadership, espe- the millions of lives his work has lect Committee’’) consisting of six Members of the Senate, of whom three shall be se- cially in an administration in which al- helped save. most no one else would even utter the lected from members of the majority party I want to read a quote from one of and three shall be selected from members of word ‘‘AIDS’’ in public. those millions of people. This is what the minority party. Members thereof shall be Dr. Koop was also a tireless cam- one man wrote on the Washington Post appointed by the Senate in accordance with paigner against tobacco. As surgeon Web site following the front-page story the provisions of Paragraph 1 of Rule XXIV general, he released a report in 1982 announcing Dr. Koop’s death: of the Standing Rules of the Senate at the that attributed 30 percent of all cancer ‘‘When I was 6 months old, Dr Koop beginning of each Congress. For purposes of deaths to smoking. was a pediatric surgeon in Philadel- paragraph 4 of Rule XXV of the Standing He wrote that nicotine was as addict- phia. On Thanksgiving night, he left Rules of the Senate, service of a Senator as ive as heroin, warned against the haz- his family dinner to perform an emer- a member or chairman of the Select Com- mittee shall not be taken into account. ards of secondhand smoke, and de- gency operation on me for pyloric ste- (b) Vacancies in the membership of the Se- manded that the warning labels on cig- nosis,’’ a condition which prevents the lect Committee shall not affect the author- arette packs be rewritten to reflect the stomach from emptying into the small ity of the remaining members to execute the lethal dangers of tobacco. intestine. ‘‘The surgery saved my life.’’ functions of the committee, and shall be

VerDate Mar 15 2010 02:57 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.084 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S929 filled in the same manner as original ap- lations of the Senate Code of Official Con- credible evidence which provides substantial pointments thereto are made. duct and violations of rules and regulations cause for the Select Committee to conclude (c) (1) A majority of the members of the of the Senate, relating to the conduct of in- that a violation within the jurisdiction of Select Committee shall constitute a quorum dividuals in the performance of their duties the Select Committee has occurred. for the transaction of business involving as Members of the Senate, or as officers or (c) (1) No— complaints or allegations of, or information employees of the Senate, and to make appro- (A) adjudicatory review of conduct of a about, misconduct, including resulting pre- priate findings of fact and conclusions with Member or officer of the Senate may be con- liminary inquiries, adjudicatory reviews, respect thereto; ducted; recommendations or reports, and matters re- (2) (A) recommend to the Senate by report (B) report, resolution, or recommendation lating to Senate Resolution 400, agreed to or resolution by a majority vote of the full relating to such an adjudicatory review of May 19, 1976. committee disciplinary action to be taken conduct may be made; and (2) Three members shall constitute a with respect to such violations which the Se- (C) letter of admonition pursuant to sub- quorum for the transaction of routine busi- lect Committee shall determine, after ac- section (d)(3) may be issued, unless approved ness of the Select Committee not covered by cording to the individual concerned due no- by the affirmative recorded vote of no fewer the first paragraph of this subparagraph, in- tice and opportunity for a hearing, to have than 4 members of the Select Committee. cluding requests for opinions and interpreta- occurred; (2) No other resolution, report, rec- tions concerning the Code of Official Con- (B) pursuant to subparagraph (A) rec- ommendation, interpretative ruling, or advi- duct or any other statute or regulation ommend discipline, including— sory opinion may be made without an affirm- under the jurisdiction of the Select Com- (i) in the case of a Member, a recommenda- ative vote of a majority of the Members of mittee, if one member of the quorum is a tion to the Senate for expulsion, censure, the Select Committee voting. member of the majority Party and one mem- payment of restitution, recommendation to (d) (1) When the Select Committee receives ber of the quorum is a member of the minor- a Member’s party conference regarding the a sworn complaint or other allegation or in- ity Party. During the transaction of routine Member’s seniority or positions of responsi- formation about a Member, officer, or em- business any member of the Select Com- bility, or a combination of these; and ployee of the Senate, it shall promptly con- mittee constituting the quorum shall have (ii) in the case of an officer or employee, duct a preliminary inquiry into matters the right to postpone further discussion of a dismissal, suspension, payment of restitu- raised by that complaint, allegation, or in- pending matter until such time as a major- tion, or a combination of these; formation. The preliminary inquiry shall be ity of the members of the Select Committee (3) subject to the provisions of subsection of duration and scope necessary to determine are present. (e), by a unanimous vote of 6 members, order whether there is substantial credible evi- (3) The Select Committee may fix a lesser that a Member, officer, or employee be rep- dence which provides substantial cause for number as a quorum for the purpose of tak- rimanded or pay restitution, or both, if the the Select Committee to conclude that a vio- ing sworn testimony. Select Committee determines, after accord- lation within the jurisdiction of the Select (d) (1) A member of the Select Committee ing to the Member, officer, or employee due Committee has occurred. The Select Com- shall be ineligible to participate in— notice and opportunity for a hearing, that mittee may delegate to the chairman and (A) any preliminary inquiry or adjudica- misconduct occurred warranting discipline vice chairman the discretion to determine tory review relating to— less serious than discipline by the full Sen- the appropriate duration, scope, and conduct (i) the conduct of— ate; of a preliminary inquiry. (I) such member; (4) in the circumstances described in sub- (2) If, as a result of a preliminary inquiry (II) any officer or employee the member section (d)(3), issue a public or private letter under paragraph (1), the Select Committee supervises; or of admonition to a Member, officer, or em- determines by a recorded vote that there is (III) any employee of any officer the mem- ployee, which shall not be subject to appeal not such substantial credible evidence, the ber supervises; or to the Senate; Select Committee shall dismiss the matter. (ii) any complaint filed by the member; (5) recommend to the Senate, by report or The Select Committee may delegate to the and resolution, such additional rules or regula- chairman and vice chairman the authority, (B) the determinations and recommenda- tions as the Select Committee shall deter- on behalf of the Select Committee, to dis- tions of the Select Committee with respect mine to be necessary or desirable to insure miss any matter that they determine, after a to any preliminary inquiry or adjudicatory proper standards of conduct by Members of preliminary inquiry, lacks substantial merit. review described in subparagraph (A). the Senate, and by officers or employees of The Select Committee shall inform the indi- For purposes of this paragraph, a member the Senate, in the performance of their du- vidual who provided to the Select Committee of the Select Committee and an officer of the ties and the discharge of their responsibil- the complaint, allegation, or information, Senate shall be deemed to supervise any offi- ities; and the individual who is the subject of the cer or employee consistent with the provi- (6) by a majority vote of the full com- complaint, allegation, or information, of the sion of paragraph 12 of Rule XXXVII of the mittee, report violations of any law, includ- dismissal, together with an explanation of Standing Rules of the Senate. ing the provision of false information to the the basis for the dismissal. (2) A member of the Select Committee Select Committee, to the proper Federal and (3) If, as a result of a preliminary inquiry may, at the discretion of the member, dis- State authorities; and under paragraph (1), the Select Committee qualify himself or herself from participating (7) develop and implement programs and determines that a violation is inadvertent, in any preliminary inquiry or adjudicatory materials designed to educate Members, offi- technical, or otherwise of a de minimis na- review pending before the Select Committee cers, and employees about the laws, rules, ture, the Select Committee may dispose of and the determinations and recommenda- regulations, and standards of conduct appli- the matter by issuing a public or private let- tions of the Select Committee with respect cable to such individuals in the performance ter of admonition, which shall not be consid- to any such preliminary inquiry or adjudica- of their duties. ered discipline. The Select Committee may tory review. Notice of such disqualification (b) For the purposes of this resolution— issue a public letter of admonition upon a shall be given in writing to the President of (1) the term ‘‘sworn complaint’’ means a similar determination at the conclusion of the Senate. written statement of facts, submitted under an adjudicatory review. (3) Whenever any member of the Select penalty of perjury, within the personal (4) If, as a result of a preliminary inquiry Committee is ineligible under paragraph (1) knowledge of the complainant alleging a vio- under paragraph (1), the Select Committee to participate in any preliminary inquiry or lation of law, the Senate Code of Official determines that there is such substantial adjudicatory review or disqualifies himself Conduct, or any other rule or regulation of credible evidence and the matter cannot be or herself under paragraph (2) from partici- the Senate relating to the conduct of indi- appropriately disposed of under paragraph pating in any preliminary inquiry or adju- viduals in the performance of their duties as (3), the Select Committee shall promptly ini- dicatory review, another Senator shall, sub- Members, officers, or employees of the Sen- tiate an adjudicatory review. Upon the con- ject to the provisions of subsection (d), be ate; clusion of such adjudicatory review, the Se- appointed to serve as a member of the Select (2) the term ‘‘preliminary inquiry’’ means lect Committee shall report to the Senate, as Committee solely for purposes of such pre- a proceeding undertaken by the Select Com- soon as practicable, the results of such adju- liminary inquiry or adjudicatory review and mittee following the receipt of a complaint dicatory review, together with its rec- the determinations and recommendations of or allegation of, or information about, mis- ommendations (if any) pursuant to sub- the Select Committee with respect to such conduct by a Member, officer, or employee of section (a)(2). preliminary inquiry or adjudicatory review. the Senate to determine whether there is (e) (1) Any individual who is the subject of Any Member of the Senate appointed for substantial credible evidence which provides a reprimand or order of restitution, or both, such purposes shall be of the same party as substantial cause for the Select Committee pursuant to subsection (a)(3) may, within 30 the Member who is ineligible or disqualifies to conclude that a violation within the juris- days of the Select Committee’s report to the himself or herself. diction of the Select Committee has oc- Senate of its action imposing a reprimand or Sec. 2. (a) It shall be the duty of the Select curred; and order of restitution, or both, appeal to the Committee to— (3) the term ‘‘adjudicatory review’’ means Senate by providing written notice of the (1) receive complaints and investigate alle- a proceeding undertaken by the Select Com- basis for the appeal to the Select Committee gations of improper conduct which may re- mittee after a finding, on the basis of a pre- and the presiding officer of the Senate. The flect upon the Senate, violations of law, vio- liminary inquiry, that there is substantial presiding officer of the Senate shall cause

VerDate Mar 15 2010 02:57 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.034 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S930 CONGRESSIONAL RECORD — SENATE February 27, 2013 the notice of the appeal to be printed in the (c) With the prior consent of the depart- fore rendering an advisory opinion, provide Congressional Record and the Senate Jour- ment or agency concerned, the Select Com- any interested party with an opportunity to nal. mittee may (1) utilize the services, informa- transmit written comments to the Select (2) A motion to proceed to consideration of tion and facilities of any such department or Committee with respect to the request for an appeal pursuant to paragraph (1) shall be agency of the Government, and (2) employ on such advisory opinion. The advisory opinions highly privileged and not debatable. If the a reimbursable basis or otherwise the serv- issued by the Select Committee shall be motion to proceed to consideration of the ap- ices of such personnel of any such depart- compiled, indexed, reproduced, and made peal is agreed to, the appeal shall be decided ment or agency as it deems advisable. With available on a periodic basis. on the basis of the Select Committee’s report the consent of any other committee of the (8) A brief description of a waiver granted to the Senate. Debate on the appeal shall be Senate, or any subcommittee thereof, the under paragraph 2(c) [NOTE: Now Paragraph limited to 10 hours, which shall be divided Select Committee may utilize the facilities 1] of Rule XXXIV or paragraph 1 of Rule equally between, and controlled by, those fa- and the services of the staff of such other XXXV of the Standing Rules of the Senate voring and those opposing the appeal. committee or subcommittee whenever the shall be made available upon request in the (f) The Select Committee may, in its dis- chairman of the Select Committee deter- Select Committee office with appropriate de- cretion, employ hearing examiners to hear mines that such action is necessary and ap- letions to assure the privacy of the indi- testimony and make findings of fact and/or propriate. vidual concerned. recommendations to the Select Committee (d) (1) Subpoenas may be authorized by— Sec. 4. The expenses of the Select Com- concerning the disposition of complaints. (A) the Select Committee; or mittee under this resolution shall be paid (g) Notwithstanding any other provision of (B) the chairman and vice chairman, act- from the contingent fund of the Senate upon this section, no adjudicatory review shall be ing jointly. vouchers approved by the chairman of the initiated of any alleged violation of any law, (2) Any such subpoena shall be issued and Select Committee. the Senate Code of Official Conduct, rule, or signed by the chairman and the vice chair- Sec. 5. As used in this resolution, the term regulation which was not in effect at the man and may be served by any person des- ‘‘officer or employee of the Senate’’ means— time the alleged violation occurred. No pro- ignated by the chairman and vice chairman. (1) an elected officer of the Senate who is visions of the Senate Code of Official Con- (3) The chairman or any member of the Se- not a Member of the Senate; duct shall apply to or require disclosure of lect Committee may administer oaths to (2) an employee of the Senate, any com- any act, relationship, or transaction which witnesses. mittee or subcommittee of the Senate, or occurred prior to the effective date of the ap- (e) (1) The Select Committee shall pre- any Member of the Senate; plicable provision of the Code. The Select scribe and publish such regulations as it (3) the Legislative Counsel of the Senate or Committee may initiate an adjudicatory re- feels are necessary to implement the Senate any employee of his office; view of any alleged violation of a rule or law Code of Official Conduct. (4) an Official Reporter of Debates of the which was in effect prior to the enactment of (2) The Select Committee is authorized to Senate and any person employed by the Offi- the Senate Code of Official Conduct if the al- issue interpretative rulings explaining and cial Reporters of Debates of the Senate in leged violation occurred while such rule or clarifying the application of any law, the connection with the performance of their of- law was in effect and the violation was not a Code of Official Conduct, or any rule or regu- ficial duties; matter resolved on the merits by the prede- lation of the Senate within its jurisdiction. (5) a Member of the Capitol Police force cessor Select Committee. (3) The Select Committee shall render an (h) The Select Committee shall adopt writ- whose compensation is disbursed by the Sec- advisory opinion, in writing within a reason- retary of the Senate; ten rules setting forth procedures to be used able time, in response to a written request in conducting preliminary inquiries and ad- (6) an employee of the Vice President if by a Member or officer of the Senate or a such employee’s compensation is disbursed judicatory reviews. candidate for nomination for election, or (i) The Select Committee from time to by the Secretary of the Senate; and election to the Senate, concerning the appli- time shall transmit to the Senate its rec- (7) an employee of a joint committee of the cation of any law, the Senate Code of Official ommendation as to any legislative measures Congress whose compensation is disbursed by Conduct, or any rule or regulation of the which it may consider to be necessary for the Secretary of the Senate. Senate within its jurisdiction to a specific the effective discharge of its duties. SUBPART B—PUBLIC LAW 93–191—FRANKED MAIL, factual situation pertinent to the conduct or Sec. 3. (a) The Select Committee is author- PROVISIONS RELATING TO THE SELECT COM- proposed conduct of the person seeking the ized to (1) make such expenditures; (2) hold MITTEE advisory opinion. such hearings; (3) sit and act at such times Sec. 6. (a) The Select Committee on Stand- and places during the sessions, recesses, and (4) The Select Committee may in its dis- cretion render an advisory opinion in writing ards and Conduct of the Senate [NOTE: Now adjournment periods of the Senate; (4) re- the Select Committee on Ethics] shall pro- quire by subpoena or otherwise the attend- within a reasonable time in response to a written request by any employee of the Sen- vide guidance, assistance, advice and coun- ance of such witnesses and the production of sel, through advisory opinions or consulta- such correspondence, books, papers, and doc- ate concerning the application of any law, tions, in connection with the mailing or con- uments; (5) administer such oaths; (6) take the Senate Code of Official Conduct, or any templated mailing of franked mail under sec- such testimony orally or by deposition; (7) rule or regulation of the Senate within its tion 3210, 3211, 3212, 3218(2) or 3218, and in employ and fix the compensation of a staff jurisdiction to a specific factual situation connection with the operation of section director, a counsel, an assistant counsel, one pertinent to the conduct or proposed conduct 3215, of title 39, United States Code, upon the or more investigators, one or more hearing of the person seeking the advisory opinion. request of any Member of the Senate or examiners, and such technical, clerical, and (5) Notwithstanding any provision of the Member-elect, surviving spouse of any of the other assistants and consultants as it deems Senate Code of Official Conduct or any rule foregoing, or other Senate official, entitled advisable; and (8) to procure the temporary or regulation of the Senate, any person who to send mail as franked mail under any of services (not in excess of one year) or inter- relies upon any provision or finding of an ad- mittent services of individual consultants, or visory opinion in accordance with the provi- those sections. The select committee shall organizations thereof, by contract as inde- sions of paragraphs (3) and (4) and who acts prescribe regulations governing the proper pendent contractors or, in the case of indi- in good faith in accordance with the provi- use of the franking privilege under those sec- viduals, by employment at daily rates of sions and findings of such advisory opinion tions by such persons. compensation not in excess of the per diem shall not, as a result of any such act, be sub- (b) Any complaint filed by any person with equivalent of the highest rate of compensa- ject to any sanction by the Senate. the select committee that a violation of any tion which may be paid to a regular em- (6) Any advisory opinion rendered by the section of title 39, United State Code, re- ployee of the Select Committee. Select Committee under paragraphs (3) and ferred to in subsection (a) of this section is (b) (1) The Select Committee is authorized (4) may be relied upon by (A) any person in- about to occur or has occurred within the to retain and compensate counsel not em- volved in the specific transaction or activity immediately preceding period of 1 year, by ployed by the Senate (or by any department with respect to which such advisory opinion any person referred to in such subsection (a), or agency of the executive branch of the is rendered: Provided, however, that the re- shall contain pertinent factual material and Government) whenever the Select Com- quest for such advisory opinion included a shall conform to regulations prescribed by mittee determines that the retention of out- complete and accurate statement of the spe- the select committee. The select committee, side counsel is necessary or appropriate for cific factual situation; and, (B) any person if it determines there is reasonable justifica- any action regarding any complaint or alle- involved in any specific transaction or activ- tion for the complaint, shall conduct an in- gation, which, in the determination of the ity which is indistinguishable in all its mate- vestigation of the matter, including an in- Select Committee is more appropriately con- rial aspects from the transaction or activity vestigation of reports and statements filed ducted by counsel not employed by the Gov- with respect to which such advisory opinion by that complainant with respect to the ernment of the United States as a regular is rendered. matter which is the subject of the complaint. employee. (7) Any advisory opinion issued in response The committee shall afford to the person (2) Any adjudicatory review as defined in to a request under paragraph (3) or (4) shall who is the subject of the complaint due no- section 2(b)(3) shall be conducted by outside be printed in the Congressional Record with tice and, if it determines that there is sub- counsel as authorized in paragraph (1), un- appropriate deletions to assure the privacy stantial reason to believe that such violation less the Select Committee determines not to of the individual concerned. The Select Com- has occurred or is about to occur, oppor- use outside counsel. mittee shall, to the extent practicable, be- tunity for all parties to participate in a

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.035 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S931 hearing before the select committee. The se- tigate any unauthorized disclosure of intel- ‘‘(A) on January 1, 1981, and at 3 year inter- lect committee shall issue a written decision ligence information by a Member, officer or vals thereafter, ‘minimal value’ shall be re- on each complaint under this subsection not employee of the Senate in violation of sub- defined in regulations prescribed by the Ad- later than thirty days after such a complaint section (c) and to report to the Senate con- ministrator of General Services, in consulta- has been filed or, if a hearing is held, not cerning any allegation which it finds to be tion with the Secretary of State, to reflect later than thirty days after the conclusion of substantiated. changes in the consumer price index for the such hearing. Such decision shall be based on (e) Upon the request of any person who is immediately preceding 3-year period; and written findings of fact in the case by the se- subject to any such investigation, the Select ‘‘(B) regulations of an employing agency lect committee. If the select committee Committee on Standards and Conduct shall may define ‘minimal value’ for its employees finds, in its written decision, that a violation release to such individual at the conclusion to be less than the value established under has occurred or is about to occur, the com- of its investigation a summary of its inves- this paragraph; and mittee may take such action and enforce- tigation together with its findings. If, at the ‘‘(6) ‘employing agency’ means— ment as it considers appropriate in accord- conclusion of its investigation, the Select ‘‘(A) the Committee on Standards of Offi- ance with applicable rules, precedents, and Committee on Standards and Conduct deter- cial Conduct of the House of Representa- standing orders of the Senate, and such mines that there has been a significant tives, for Members and employees of the other standards as may be prescribed by such breach of confidentiality or unauthorized House of Representatives, except that those committee. disclosure by a Member, officer, or employee responsibilities specified in subsections (c) Notwithstanding any other provision of of the Senate, it shall report its findings to (c)(2)(A), (e)(1), and (g)(2)(B) shall be carried law, no court or administrative body in the the Senate and recommend appropriate ac- out by the Clerk of the House; United States or in any territory thereof tion such as censure, removal from com- ‘‘(B) the Select Committee on Ethics of the shall have jurisdiction to entertain any civil mittee membership, or expulsion from the Senate, for Senators and employees of the action of any character concerning or re- Senate, in the case of a Member, or removal Senate, except that those responsibilities lated to a violation of the franking laws or from office or employment or punishment (other than responsibilities involving ap- an abuse of the franking privilege by any for contempt, in the case of an officer or em- proval of the employing agency) specified in person listed under subsection (a) of this sec- ployee. subsections (c)(2), (d), and (g)(2)(B) shall be tion as entitled to send mail as franked mail, carried out by the Secretary of the Senate; SUBPART D—RELATING TO RECEIPT AND DIS- ‘‘(C) the Administrative Office of the until a complaint has been filed with the se- POSITION OF FOREIGN GIFTS AND DECORA- United States Courts, for judges and judicial lect committee and the committee has ren- TIONS RECEIVED BY MEMBERS, OFFICERS AND branch employees; and dered a decision under subsection (b) of this EMPLOYEES OF THE SENATE OR THEIR ‘‘(D) the department, agency, office, or section. SPOUSES OR DEPENDENTS, PROVISIONS RELAT- other entity in which an employee is em- (d) The select committee shall prescribe ING TO THE SELECT COMMITTEE ON ETHICS ployed, for other legislative branch employ- regulations for the holding of investigations Section 7342 of title 5, United States Code, ees and for all executive branch employees. and hearings, the conduct of proceedings, states as follows: ‘‘(b) An employee may not— and the rendering of decisions under this Sec. 7342. Receipt and disposition of foreign ‘‘(l) request or otherwise encourage the subsection providing for equitable proce- gifts and decorations. tender of a gift or decoration; or dures and the protection of individual, pub- ‘‘(a) For the purpose of this section— ‘‘(2) accept a gift or decoration, other than lic, and Government interests. The regula- ‘‘(1) ‘employee’ means— in accordance with, the provisions of sub- tions shall, insofar as practicable, contain ‘‘(A) an employee as defined by section 2105 sections (c) and (d). the substance of the administrative proce- of this title and an officer or employee of the ‘‘(c)(1) The Congress consents to— dure provisions of sections 551–559 and 701– United States Postal Service or of the Postal ‘‘(A) the accepting and retaining by an em- 706, of title 5, United States Code. These reg- Rate Commission; ployee of a gift of minimal value tendered ulations shall govern matters under this sub- ‘‘(B) an expert or consultant who is under and received as a souvenir or mark of cour- section subject to judicial review thereof. contract under section 3109 of this title with tesy; and (e) The select committee shall keep a com- the United States or any agency, depart- ‘‘(B) the accepting by an employee of a gift plete record of all its actions, including a ment, or establishment thereof, including, in of more than minimal value when such gift record of the votes on any question on which the case of an organization performing serv- is in the nature of an educational scholar- a record vote is demanded. All records, data, ices under such section, any individual in- ship or medical treatment or when it appears and files of the select committee shall be the volved in the performance of such services; that to refuse the gift would likely cause of- property of the Senate and shall be kept in ‘‘(C) an individual employed by, or occu- fense or embarrassment or otherwise ad- the offices of the select committee or such pying an office or position in, the govern- versely affect the foreign relations of the other places as the committee may direct. ment of a territory or possession of the United States, except that ‘‘(i) a tangible gift of more than minimal SUBPART C—STANDING ORDERS OF THE SENATE United States or the government of the Dis- value is deemed to have been accepted on be- REGARDING UNAUTHORIZED DISCLOSURE OF trict of Columbia; half of the United States and, upon accept- INTELLIGENCE INFORMATION, S. RES. 400, 94TH ‘‘(D) a member of a uniformed service; ance, shall become the property of the CONGRESS, PROVISIONS RELATING TO THE SE- ‘‘(E) the President and the Vice President; United States; and LECT COMMITTEE ‘‘(F) a Member of Congress as defined by section 2106 of this title (except the Vice ‘‘(ii) an employee may accept gifts of trav- SEC. 8. * * * President) and any Delegate to the Congress; el or expenses for travel taking place en- (c) (1) No information in the possession of and tirely outside the United States (such as the select committee relating to the lawful ‘‘(G) the spouse of an individual described transportation, food, and lodging) of more intelligence activities of any department or in subparagraphs (A) through (F) (unless than minimal value if such acceptance is ap- agency of the United States which has been such individual and his or her spouse are sep- propriate, consistent with the interests of classified under established security proce- arated) or a dependent (within the meaning the United States, and permitted by the em- dures and which the select committee, pur- of section 152 of the Internal Revenue Code ploying agency and any regulations which suant to subsection (a) or (b) of this section, of 1986) of such an individual, other than a may be prescribed by the employing agency. has determined should not be disclosed, shall spouse or dependent who is an employee ‘‘(2) Within 60 days after accepting a tan- be made available to any person by a Mem- under subparagraphs (A) through (F); gible gift of more than minimal value (other ber, officer, or employee of the Senate except ‘‘(2) ‘foreign government’ means— than a gift described in paragraph (1)(B)(ii)), in a closed session of the Senate or as pro- ‘‘(A) any unit of foreign governmental au- an employee shall— vided in paragraph (2). thority, including any foreign national, ‘‘(A) deposit the gift for disposal with his (2) The select committee may, under such State, local, and municipal government; or her employing agency; or regulations as the committee shall prescribe ‘‘(B) any international or multinational or- ‘‘(B) subject to the approval of the employ- to protect the confidentiality of such infor- ganization whose membership is composed of ing agency, deposit the gift with that agency mation, make any information described in any unit of foreign government described in for official use. Within 30 days after termi- paragraph (1) available to any other com- subparagraph (A); and nating the official use of a gift under sub- mittee or any other Member of the Senate. ‘‘(C) any agent or representative of any paragraph (B), the employing agency shall Whenever the select committee makes such such unit or such organization, while acting forward the gift to the Administrator of Gen- information available, the committee shall as such; eral Services in accordance with subsection keep a written record showing, in the case of ‘‘(3) ‘gift’ means a tangible or intangible (e)(1) or provide for its disposal in accord- any particular information, which com- present (other than a decoration) tendered ance with subsection (e)(2). mittee or which Members of the Senate re- by, or received from, a foreign government; ‘‘(3) When an employee deposits a gift of ceived such information. No Member of the ‘‘(4) ‘decoration’ means an order, device, more than minimal value for disposal or for Senate who, and no committee which, re- medal, badge, insignia, emblem, or award official use pursuant to paragraph (2), or ceives any information under this sub- tendered by, or received from, a foreign gov- within 30 days after accepting travel or trav- section, shall disclose such information ex- ernment; el expenses as provided in paragraph cept in a closed session of the Senate. ‘‘(5) ‘minimal value’ means a retail value (1)(B)(ii) unless such travel or travel ex- (d) It shall be the duty of the Select Com- in the United States at the time of accept- penses are accepted in accordance with spe- mittee on Standards and Conduct to inves- ance of $100 or less, except that— cific instructions of his or her employing

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.037 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S932 CONGRESSIONAL RECORD — SENATE February 27, 2013 agency, the employee shall file a statement ‘‘(C) the identity, if known, of the foreign laws. Supplementary Procedural Rules are with his or her employing agency or its dele- government and the name and position of stated herein and are hereinafter referred to gate containing the information prescribed the individual who presented the gift; as the Rules. The Rules shall be published in in subsection (f) for that gift. ‘‘(D) the date of acceptance of the gift; the Congressional Record not later than ‘‘(d) The Congress consents to the accept- ‘‘(E) the estimated value in the United thirty days after adoption, and copies shall ing, retaining, and wearing by an employee States of the gift at the time of acceptance; be made available by the Committee office of a decoration tendered in recognition of ac- and upon request. tive field service in time of combat oper- ‘‘(F) disposition or current location of the (c) MEETINGS: ations or awarded for other outstanding or gift. (1) The regular meeting of the Committee unusually meritorious performance, subject ‘‘(3) Such listings shall include for each shall be the first Thursday of each month to the approval of the employing agency of gift of travel or travel expenses— while the Congress is in session. such employee. Without this approval, the ‘‘(A) the name and position of the em- (2) Special meetings may be held at the decoration is deemed to have been accepted ployee; call of the Chairman or Vice Chairman if at on behalf of the United States, shall become ‘‘(B) a brief description of the gift and the least forty-eight hours notice is furnished to the property of the United States, and shall circumstances justifying acceptance; and all members. If all members agree, a special be deposited by the employee, within sixty ‘‘(C) the identity, if known, of the foreign meeting may be held on less than forty-eight days of acceptance, with the employing government and the name and position of hours notice. agency for official use, for forwarding to the the individual who presented the gift. (3) (A) If any member of the Committee de- Administrator of General Services for dis- ‘‘(4) In transmitting such listings for the sires that a special meeting of the Com- posal in accordance with subsection (e)(1), or Central Intelligence Agency, the Director of mittee be called, the member may file in the for disposal in accordance with subsection Central Intelligence may delete the informa- office of the Committee a written request to (e)(2). tion described in subparagraphs (A) and (C) the Chairman or Vice Chairman for that spe- ‘‘(e) (1) Except as provided in paragraph (2), of paragraphs (2) and (3) if the Director cer- cial meeting. gifts and decorations that have been depos- tifies in writing to the Secretary of State (B) Immediately upon the filing of the re- ited with an employing agency for disposal that the publication of such information quest the Clerk of the Committee shall no- shall be (A) returned to the donor, or (B) for- could adversely affect United States intel- tify the Chairman and Vice Chairman of the warded to the Administrator of General ligence sources. filing of the request. If, within three cal- Services for transfer, donation, or other dis- ‘‘(g)(1) Each employing agency shall pre- endar days after the filing of the request, the posal in accordance with the provisions of scribe such regulations as may be necessary Chairman or the Vice Chairman does not call the Federal Property and Administrative to carry out the purpose of this section. For the requested special meeting, to be held Services Act of 1949. However, no gift or all employing agencies in the executive within seven calendar days after the filing of decoration that has been deposited for dis- branch, such regulations shall be prescribed the request, any three of the members of the posal may be sold without the approval of pursuant to guidance provided by the Sec- Committee may file their written notice in the Secretary of State, upon a determination retary of State. These regulations shall be the office of the Committee that a special that the sale will not adversely affect the implemented by each employing agency for meeting of the Committee will be held at a foreign relations of the United States. Gifts its employees. specified date and hour; such special meeting and decorations may be sold by negotiated ‘‘(2) Each employing agency shall— may not occur until forty-eight hours after sale. ‘‘(A) report to the Attorney General cases the notice is filed. The Clerk shall imme- ‘‘(2) Gifts and decorations received by a in which there is reason to believe that an diately notify all members of the Committee Senator or an employee of the Senate that employee has violated this section; of the date and hour of the special meeting. are deposited with the Secretary of the Sen- ‘‘(B) establish a procedure for obtaining an The Committee shall meet at the specified ate for disposal, or are deposited for an offi- appraisal, when necessary, of the value of date and hour. cial use which has terminated, shall be dis- gifts; and (d) QUORUM: posed of by the Commission on Arts and An- ‘‘(C) take any other actions necessary to (1) A majority of the members of the Select tiquities of the United States Senate. Any carry out the purpose of this section. Committee shall constitute a quorum for the such gift or decoration may be returned by ‘‘(h) The Attorney General may bring a transaction of business involving complaints the Commission to the donor or may be civil action in any district court of the or allegations of, or information about, mis- transferred or donated by the Commission, United States against any employee who conduct, including resulting preliminary in- subject to such terms and conditions as it knowingly solicits or accepts a gift from a quiries, adjudicatory reviews, recommenda- may prescribe, (A) to an agency or instru- foreign government not consented to by this tions or reports, and matters relating to mentality of (i) the United States, (ii) a section or who fails to deposit or report such Senate Resolution 400, agreed to May 19, State, territory, or possession of the United gift as required by this section. The court in 1976. States, or a political subdivision of the fore- which such action is brought may assess a (2) Three members shall constitute a going, or (iii) the District of Columbia, or (B) penalty against such employee in any quorum for the transaction of the routine to an organization described in section amount not to exceed the retail value of the business of the Select Committee not cov- 501(c)(3) of the Internal Revenue Code of 1986 gift improperly solicited or received plus ered by the first subparagraph of this para- which is exempt from taxation under section $5,000. graph, including requests for opinions and 501(a) of such Code. Any such gift or decora- ‘‘(i) The President shall direct all Chiefs of interpretations concerning the Code of Offi- tion not disposed of as provided in the pre- a United States Diplomatic Mission to in- cial Conduct or any other statute or regula- ceding sentence shall be forwarded to the Ad- form their host governments that it is a gen- tion under the jurisdiction of the Select ministrator of General Services for disposal eral policy of the United States Government Committee, if one member of the quorum is in accordance with paragraph (1). If the Ad- to prohibit United States Government em- a Member of the Majority Party and one ministrator does not dispose of such gift or ployees from receiving gifts or decorations of member of the quorum is a Member of the decoration within one year, he shall, at the more than minimal value. Minority Party. During the transaction of request of the Commission, return it to the ‘‘(j) Nothing in this section shall be con- routine business any member of the Select Commission and the Commission may dis- strued to derogate any regulation prescribed Committee constituting the quorum shall pose of such gift or decoration in such man- by any employing agency which provides for have the right to postpone further discussion ner as it considers proper, except that such more stringent limitations on the receipt of of a pending matter until such time as a ma- gift or decoration may be sold only with the gifts and decorations by its employees. jority of the members of the Select Com- approval of the Secretary of State upon a de- ‘‘(k) The provisions of this section do not mittee are present. termination that the sale will not adversely apply to grants and other forms of assistance (3) Except for an adjudicatory hearing affect the foreign relations of the United to which section 108A of the Mutual Edu- under Rule 5 and any deposition taken out- States. cational and Cultural Exchange Act of 1961 side the presence of a Member under Rule 6, ‘‘(f)(1) Not later than January 31 of each applies.’’ one Member shall constitute a quorum for year, each employing agency or its delegate PART II: SUPPLEMENTARY PROCEDURAL RULES hearing testimony, provided that all Mem- bers have been given notice of the hearing shall compile a listing of all statements filed 145 Cong. Rec. S1832 (daily ed. Feb. 23, 1999) during the preceding year by the employees and the Chairman has designated a Member RULE 1: GENERAL PROCEDURES of that agency pursuant to subsection (c)(3) of the Majority Party and the Vice Chairman and shall transmit such listing to the Sec- (a) OFFICERS: In the absence of the Chair- has designated a Member of the Minority retary of State who shall publish a com- man, the duties of the Chair shall be filled by Party to be in attendance, either of whom in prehensive listing of all such statements in the Vice Chairman or, in the Vice Chair- the absence of the other may constitute the the Federal Register. man’s absence, a Committee member des- quorum. ‘‘(2) Such listings shall include for each ignated by the Chairman. (e) ORDER OF BUSINESS: Questions as to tangible gift reported— (b) PROCEDURAL RULES: The basic pro- the order of business and the procedure of ‘‘(A) the name and position of the em- cedural rules of the Committee are stated as the Committee shall in the first instance be ployee; a part of the Standing Orders of the Senate decided by the Chairman and Vice Chairman, ‘‘(B) a brief description of the gift and the in Senate Resolution 338, 88th Congress, as subject to reversal by a vote by a majority of circumstances justifying acceptance; amended, as well as other resolutions and the Committee.

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.039 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S933 (f) HEARINGS ANNOUNCEMENTS: The (A) a preliminary inquiry or adjudicatory (D) a complaint, sworn or unsworn, that Committee shall make public announcement review relating to (i) the conduct of (I) such was filed by the staff member. At the direc- of the date, place and subject matter of any member; (II) any officer or employee the tion or with the consent of the staff director hearing to be conducted by it at least one member supervises; or (ii) any complaint or outside counsel, a staff member may also week before the commencement of that hear- filed by the member; and be disqualified from participating in a Com- ing, and shall publish such announcement in (B) the determinations and recommenda- mittee proceeding in other circumstances the Congressional Record. If the Committee tions of the Committee with respect to any not listed above. determines that there is good cause to com- preliminary inquiry or adjudicatory review (l) RECORDED VOTES: Any member may mence a hearing at an earlier date, such no- described in subparagraph (A). require a recorded vote on any matter. tice will be given at the earliest possible For purposes of this paragraph, a member (m) PROXIES; RECORDING VOTES OF time. of the committee and an officer of the Sen- ABSENT MEMBERS: (g) OPEN AND CLOSED COMMITTEE ate shall be deemed to supervise any officer (1) Proxy voting shall not be allowed when MEETINGS: Meetings of the Committee or employee consistent with the provision of the question before the Committee is the ini- shall be open to the public or closed to the paragraph 12 of Rule XXXVII of the Standing tiation or continuation of a preliminary in- public (executive session), as determined Rules of the Senate. quiry or an adjudicatory review, or the under the provisions of paragraphs 5 (b) to (2) If any Committee proceeding appears to issuance of a report or recommendation re- (d) of Rule XXVI of the Standing Rules of relate to a member of the Committee in a lated thereto concerning a Member or officer the Senate. Executive session meetings of manner described in subparagraph (1) of this of the Senate. In any such case an absent the Committee shall be closed except to the paragraph, the staff shall prepare a report to member’s vote may be announced solely for members and the staff of the Committee. On the Chairman and Vice Chairman. If either the purpose of recording the member’s posi- the motion of any member, and with the ap- the Chairman or the Vice Chairman con- tion and such announced votes shall not be proval of a majority of the Committee mem- cludes from the report that it appears that counted for or against the motion. bers present, other individuals may be ad- the member may be ineligible, the member (2) On matters other than matters listed in mitted to an executive session meeting for a shall be notified in writing of the nature of paragraph (m)(1) above, the Committee may specific period or purpose. the particular proceeding and the reason order that the record be held open for the (h) RECORD OF TESTIMONY AND COM- that it appears that the member may be in- vote of absentees or recorded proxy votes if MITTEE ACTION: An accurate stenographic eligible to participate in it. If the member the absent Committee member has been in- or transcribed electronic record shall be kept agrees that he or she is ineligible, the mem- formed of the matter on which the vote oc- of all Committee proceedings, whether in ex- ber shall so notify the Chairman or Vice curs and has affirmatively requested of the ecutive or public session. Such record shall Chairman. If the member believes that he or Chairman or Vice Chairman in writing that include Senators’ votes on any question on she is not ineligible, he or she may explain he be so recorded. which a recorded vote is held. The record of the reasons to the Chairman and Vice Chair- (3) All proxies shall be in writing, and shall a witness’s testimony, whether in public or man, and if they both agree that the member be delivered to the Chairman or Vice Chair- executive session, shall be made available for is not ineligible, the member shall continue man to be recorded. inspection to the witness or his counsel to serve. But if either the Chairman or Vice (4) Proxies shall not be considered for the under Committee supervision; a copy of any Chairman continues to believe that the purpose of establishing a quorum. testimony given by that witness in public member is ineligible, while the member be- (n) APPROVAL OF BLIND TRUSTS AND session, or that part of the testimony given lieves that he or she is not ineligible, the FOREIGN TRAVEL REQUESTS BETWEEN by the witness in executive session and sub- matter shall be promptly referred to the SESSIONS AND DURING EXTENDED RE- sequently quoted or made part of the record Committee. The member shall present his or CESSES: During any period in which the in a public session shall be made available to her arguments to the Committee in execu- Senate stands in adjournment between ses- any witness if he so requests. (See Rule 5 on tive session. Any contested questions con- sions of the Congress or stands in a recess Procedures for Conducting Hearings.) cerning a member’s eligibility shall be de- scheduled to extend beyond fourteen days, (i) SECRECY OF EXECUTIVE TESTI- cided by a majority vote of the Committee, the Chairman and Vice Chairman, or their MONY AND ACTION AND OF COMPLAINT meeting in executive session, with the mem- designees, acting jointly, are authorized to PROCEEDINGS: ber in question not participating. approve or disapprove blind trusts under the (1) All testimony and action taken in exec- (3) A member of the Committee may, at provision of Rule XXXIV. utive session shall be kept secret and shall the discretion of the member, disqualify (o) COMMITTEE USE OF SERVICES OR not be released outside the Committee to himself or herself from participating in any EMPLOYEES OF OTHER AGENCIES AND any individual or group, whether govern- preliminary inquiry or adjudicatory review DEPARTMENTS: With the prior consent of mental or private, without the approval of a pending before the Committee and the deter- the department or agency involved, the Com- majority of the Committee. minations and recommendations of the Com- mittee may (1) utilize the services, informa- (2) All testimony and action relating to a mittee with respect to any such preliminary tion, or facilities of any such department or complaint or allegation shall be kept secret inquiry or adjudicatory review. agency of the Government, and (2) employ on and shall not be released by the Committee (4) Whenever any member of the Com- a reimbursable basis or otherwise the serv- to any individual or group, whether govern- mittee is ineligible under paragraph (1) to ices of such personnel of any such depart- mental or private, except the respondent, participate in any preliminary inquiry or ad- ment or agency as it deems advisable. With without the approval of a majority of the judicatory review, or disqualifies himself or the consent of any other committee of the Committee, until such time as a report to herself under paragraph (3) from partici- Senate, or any subcommittee, the Com- the Senate is required under Senate Resolu- pating in any preliminary inquiry or adju- mittee may utilize the facilities and the tion 338, 88th Congress, as amended, or unless dicatory review, another Senator shall be ap- services of the staff of such other committee otherwise permitted under these Rules. (See pointed by the Senate to serve as a member or subcommittee whenever the Chairman Rule 8 on Procedures for Handling Com- of the Committee solely for purposes of such and Vice Chairman of the Committee, acting mittee Sensitive and Classified Materials.) preliminary inquiry or adjudicatory review jointly, determine that such action is nec- (j) RELEASE OF REPORTS TO PUBLIC: and the determinations and recommenda- essary and appropriate. No information pertaining to, or copies of tions of the Committee with respect to such RULE 2: PROCEDURES FOR COMPLAINTS, any Committee report, study, or other docu- preliminary inquiry or adjudicatory review. ALLEGATIONS, OR INFORMATION ment which purports to express the view, Any member of the Senate appointed for findings, conclusions or recommendations of such purposes shall be of the same party as (a) COMPLAINT, ALLEGATION, OR IN- the Committee in connection with any of its the member who is ineligible or disqualifies FORMATION: Any member or staff member activities or proceedings may be released to himself or herself. of the Committee shall report to the Com- any individual or group whether govern- (5) The President of the Senate shall be mittee, and any other person may report to mental or private, without the authorization given written notice of the ineligibility or the Committee, a sworn complaint or other of the Committee. Whenever the Chairman disqualification of any member from any allegation or information, alleging that any or Vice Chairman is authorized to make any preliminary inquiry, adjudicatory review, or Senator, or officer, or employee of the Sen- determination, then the determination may other proceeding requiring the appointment ate has violated a law, the Senate Code of Of- be released at his or her discretion. Each of another member in accordance with sub- ficial Conduct, or any rule or regulation of member of the Committee shall be given a paragraph (k)(4). the Senate relating to the conduct of any in- reasonable opportunity to have separate (6) A member of the Committee staff shall dividual in the performance of his or her views included as part of any Committee re- be ineligible to participate in any Com- duty as a Member, officer, or employee of the port. (See Rule 8 on Procedures for Handling mittee proceeding that the staff director or Senate, or has engaged in improper conduct Committee Sensitive and Classified Mate- outside counsel determines relates specifi- which may reflect upon the Senate. Such rials.) cally to any of the following: complaints or allegations or information (k) INELIGIBILITY OR DISQUALIFICA- (A) the staff member’s own conduct; may be reported to the Chairman, the Vice TION OF MEMBERS AND STAFF: (B) the conduct of any employee that the Chairman, a Committee member, or a Com- (1) A member of the Committee shall be in- staff member supervises; mittee staff member. eligible to participate in any Committee pro- (C) the conduct of any member, officer or (b) SOURCE OF COMPLAINT, ALLEGA- ceeding that relates specifically to any of employee for whom the staff member has TION, OR INFORMATION: Complaints, alle- the following: worked for any substantial period; or gations, and information to be reported to

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.040 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S934 CONGRESSIONAL RECORD — SENATE February 27, 2013 the Committee may be obtained from a vari- spond orally to questions from the Com- (c) NOTICE TO RESPONDENT: The Com- ety of sources, including but not limited to mittee. Such an oral statement or answers mittee shall give written notice to any the following: shall be transcribed and signed by the person known respondent who is the subject of an (1) sworn complaints, defined as a written providing the statement or answers. adjudicatory review. The notice shall be sent statement of facts, submitted under penalty (e) STATUS REPORTS: The Committee to the respondent no later than five working of perjury, within the personal knowledge of staff or outside counsel shall periodically re- days after the Committee has voted to con- the complainant alleging a violation of law, port to the Committee in the form and ac- duct an adjudicatory review. The notice the Senate Code of Official Conduct, or any cording to the schedule prescribed by the shall include a statement of the nature of other rule or regulation of the Senate relat- Committee. The reports shall be confiden- the possible violation, and description of the ing to the conduct of individuals in the per- tial. evidence indicating that a possible violation formance of their duties as members, offi- (f) FINAL REPORT: When the preliminary occurred. The Committee may offer the re- cers, or employees of the Senate; inquiry is completed, the staff or outside spondent an opportunity to present a state- (2) anonymous or informal complaints; counsel shall make a confidential report, ment, orally or in writing, or to respond to (3) information developed during a study or oral or written, to the Committee on find- questions from members of the Committee, inquiry by the Committee or other commit- ings and recommendations, as appropriate. the Committee staff, or outside counsel. tees or subcommittees of the Senate, includ- (g) COMMITTEE ACTION: As soon as prac- (d) RIGHT TO A HEARING: The Com- ing information obtained in connection with ticable following submission of the report on mittee shall accord a respondent an oppor- legislative or general oversight hearings; the preliminary inquiry, the Committee tunity for a hearing before it recommends (4) information reported by the news shall determine by a recorded vote whether disciplinary action against that respondent media; or (5) information obtained from any there is substantial credible evidence which to the Senate or before it imposes an order of individual, agency or department of the ex- provides substantial cause for the Com- restitution or reprimand (not requiring dis- ecutive branch of the Federal Government. mittee to conclude that a violation within cipline by the full Senate). (c) FORM AND CONTENT OF COM- the jurisdiction of the Committee has oc- (e) PROGRESS REPORTS TO COM- PLAINTS: A complaint need not be sworn curred. The Committee may make any of the MITTEE: The Committee staff or outside following determinations: nor must it be in any particular form to re- counsel shall periodically report to the Com- (1) The Committee may determine that ceive Committee consideration, but the pre- mittee concerning the progress of the adju- there is not such substantial credible evi- dicatory review. Such reports shall be deliv- ferred complaint will: dence and, in such case, the Committee shall ered to the Committee in the form and ac- (1) state, whenever possible, the name, ad- dismiss the matter. The Committee, or cording to the schedule prescribed by the dress, and telephone number of the party fil- Chairman and Vice Chairman acting jointly Committee, and shall be confidential. ing the complaint; on behalf of the Committee, may dismiss any (f) FINAL REPORT OF ADJUDICATORY (2) provide the name of each member, offi- matter which, after a preliminary inquiry, is REVIEW TO COMMITTEE: Upon completion cer or employee of the Senate who is specifi- determined to lack substantial merit. The of an adjudicatory review, including any cally alleged to have engaged in improper Committee shall inform the complainant of hearings held pursuant to Rule 5, the outside conduct or committed a violation; the dismissal. (3) state the nature of the alleged improper (2) The Committee may determine that counsel or the staff shall submit a confiden- conduct or violation; there is such substantial credible evidence, tial written report to the Committee, which (4) supply all documents in the possession but that the alleged violation is inadvertent, shall detail the factual findings of the adju- of the party filing the complaint relevant to technical, or otherwise of a de minimis na- dicatory review and which may recommend or in support of his or her allegations as an ture. In such case, the Committee may dis- disciplinary action, if appropriate. Findings attachment to the complaint. pose of the matter by issuing a public or pri- of fact of the adjudicatory review shall be de- tailed in this report whether or not discipli- RULE 3: PROCEDURES FOR CONDUCTING A vate letter of admonition, which shall not be nary action is recommended. PRELIMINARY INQUIRY considered discipline and which shall not be (g) COMMITTEE ACTION: (a) DEFINITION OF PRELIMINARY IN- subject to appeal to the Senate. The issuance (1) As soon as practicable following sub- QUIRY: A ‘‘preliminary inquiry’’ is a pro- of a letter of admonition must be approved mission of the report of the staff or outside ceeding undertaken by the Committee fol- by the affirmative recorded vote of no fewer counsel on the adjudicatory review, the Com- lowing the receipt of a complaint or allega- than four members of the Committee voting. mittee shall prepare and submit a report to (3) The Committee may determine that tion of, or information about, misconduct by the Senate, including a recommendation or there is such substantial credible evidence a Member, officer, or employee of the Senate proposed resolution to the Senate concerning and that the matter cannot be appropriately to determine whether there is substantial disciplinary action, if appropriate. A report disposed of under paragraph (2). In such case, credible evidence which provides substantial shall be issued, stating in detail the Commit- the Committee shall promptly initiate an cause for the Committee to conclude that a tee’s findings of fact, whether or not discipli- adjudicatory review in accordance with Rule violation within the jurisdiction of the Com- nary action is recommended. The report 4. No adjudicatory review of conduct of a mittee has occurred. shall also explain fully the reasons under- Member, officer, or employee of the Senate (b) BASIS FOR PRELIMINARY INQUIRY: lying the Committee’s recommendation con- may be initiated except by the affirmative The Committee shall promptly commence a cerning disciplinary action, if any. No adju- recorded vote of not less than four members preliminary inquiry whenever it has received dicatory review of conduct of a Member, offi- of the Committee. a sworn complaint, or other allegation of, or cer or employee of the Senate may be con- information about, alleged misconduct or RULE 4: PROCEDURES FOR CONDUCTING AN ducted, or report or resolution or rec- violations pursuant to Rule 2. ADJUDICATORY REVIEW ommendation relating to such an adjudica- (c) SCOPE OF PRELIMINARY INQUIRY: (a) DEFINITION OF ADJUDICATORY RE- tory review of conduct may be made, except (1) The preliminary inquiry shall be of such VIEW: An ‘‘adjudicatory review’’ is a pro- by the affirmative recorded vote of not less duration and scope as is necessary to deter- ceeding undertaken by the Committee after than four members of the Committee. mine whether there is substantial credible a finding, on the basis of a preliminary in- (2) Pursuant to S. Res. 338, as amended, evidence which provides substantial cause quiry, that there is substantial cause for the section 2 (a), subsections (2), (3), and (4), for the Committee to conclude that a viola- Committee to conclude that a violation after receipt of the report prescribed by tion within the jurisdiction of the Com- within the jurisdiction of the Committee has paragraph (f) of this rule, the Committee mittee has occurred. The Chairman and Vice occurred. may make any of the following recommenda- Chairman, acting jointly, on behalf of the (b) SCOPE OF ADJUDICATORY REVIEW: tions for disciplinary action or issue an order Committee may supervise and determine the When the Committee decides to conduct an for reprimand or restitution, as follows: appropriate duration, scope, and conduct of a adjudicatory review, it shall be of such dura- (i) In the case of a Member, a recommenda- preliminary inquiry. Whether a preliminary tion and scope as is necessary for the Com- tion to the Senate for expulsion, censure, inquiry is conducted jointly by the Chairman mittee to determine whether a violation payment of restitution, recommendation to and Vice Chairman or by the Committee as within its jurisdiction has occurred. An adju- a Member’s party conference regarding the a whole, the day to day supervision of a pre- dicatory review shall be conducted by out- Member’s seniority or positions of responsi- liminary inquiry rests with the Chairman side counsel as authorized by section 3(b)(1) bility, or a combination of these; and Vice Chairman, acting jointly. of Senate Resolution 338 unless the Com- (ii) In the case of an officer or employee, a (2) A preliminary inquiry may include any mittee determines not to use outside coun- recommendation to the Senate of dismissal, inquiries, interviews, sworn statements, sel. In the course of the adjudicatory review, suspension, payment of restitution, or a depositions, or subpoenas deemed appro- designated outside counsel, or if the Com- combination of these; priate to obtain information upon which to mittee determines not to use outside coun- (iii) In the case where the Committee de- make any determination provided for by this sel, the Committee or its staff, may conduct termines, after according to the Member, of- Rule. any inquiries or interviews, take sworn ficer, or employee due notice and oppor- (d) OPPORTUNITY FOR RESPONSE: A statements, use compulsory process as de- tunity for a hearing, that misconduct oc- preliminary inquiry may include an oppor- scribed in Rule 6, or take any other actions curred warranting discipline less serious tunity for any known respondent or his or that the Committee deems appropriate to se- than discipline by the full Senate, and sub- her designated representative to present ei- cure the evidence necessary to make a deter- ject to the provisions of paragraph (h) of this ther a written or oral statement, or to re- mination. rule relating to appeal, by a unanimous vote

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.042 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S935 of six members order that a Member, officer attendance and testimony of such witnesses (i) a list of proposed witnesses to be called or employee be reprimanded or pay restitu- and the production of such correspondence, at the hearing; tion or both; books, papers, documents or other articles as (ii) copies of all documents expected to be (iv) In the case where the Committee de- it deems advisable. (See Rule 6.) introduced as exhibits at the hearing; and termines that misconduct is inadvertent, (e) NOTICE OF HEARINGS: The Com- (iii) a brief statement as to the nature of technical, or otherwise of a de minimis na- mittee shall make public an announcement the testimony expected to be given by each ture, issue a public or private letter of admo- of the date, place, and subject matter of any witness to be called at the hearing. nition to a Member, officer or employee, hearing to be conducted by it, in accordance (B) At least two working days prior to the which shall not be subject to appeal to the with Rule 1(f). commencement of an adjudicatory hearing, Senate. (f) PRESIDING OFFICER: The Chairman the respondent, if any, shall provide the in- (3) In the case where the Committee deter- shall preside over the hearings, or in his ab- formation and documents described in divi- mines, upon consideration of all the evi- sence the Vice Chairman. If the Vice Chair- sions (i), (ii) and (iii) of subparagraph (A) to dence, that the facts do not warrant a find- man is also absent, a Committee member the Committee. (C) At the discretion of the Committee, the ing that there is substantial credible evi- designated by the Chairman shall preside. If information and documents to be exchanged dence which provides substantial cause for an oath or affirmation is required, it shall be the Committee to conclude that a violation under this paragraph shall be subject to an administered to a witness by the Presiding appropriate agreement limiting access and within the jurisdiction of the Committee has Officer, or in his absence, by any Committee occurred, the Committee may dismiss the disclosure. member. (D) If a respondent refuses to provide the matter. (g) WITNESSES: information and documents to the Com- (4) Promptly, after the conclusion of the (1) A subpoena or other request to testify adjudicatory review, the Committee’s report mittee (see (A) and (B) of this subparagraph), shall be served on a witness sufficiently in or if a respondent or other individual vio- and recommendation, if any, shall be for- advance of his or her scheduled appearance lates an agreement limiting access and dis- warded to the Secretary of the Senate, and a to allow the witness a reasonable period of closure, the Committee, by majority vote, copy shall be provided to the complainant time, as determined by the Committee, to may recommend to the Senate that the of- and the respondent. The full report and rec- prepare for the hearing and to employ coun- fender be cited for contempt of Congress. ommendation, if any, shall be printed and sel if desired. (3) SWEARING OF WITNESSES: All wit- made public, unless the Committee deter- (2) The Committee may, by recorded vote nesses who testify at adjudicatory hearings mines by the recorded vote of not less than of not less than four members of the Com- shall be sworn unless the Presiding Officer, four members of the Committee that it mittee, rule that no member of the Com- for good cause, decides that a witness does should remain confidential. mittee or staff or outside counsel shall make not have to be sworn. (h) RIGHT OF APPEAL: public the name of any witness subpoenaed (4) RIGHT TO COUNSEL: Any witness at (1) Any individual who is the subject of a by the Committee before the date of that an adjudicatory hearing may be accom- reprimand or order of restitution, or both, witness’s scheduled appearance, except as panied by counsel of his or her own choosing, pursuant to subsection (g)(2)(iii), may, with- specifically authorized by the Chairman and who shall be permitted to advise the witness in 30 days of the Committee’s report to the Vice Chairman, acting jointly. of his or her legal rights during the testi- Senate of its action imposing a reprimand or (3) Any witness desiring to read a prepared mony. order of restitution, or both, appeal to the or written statement in executive or public (5) RIGHT TO CROSS-EXAMINE AND Senate by providing written notice of the ap- hearings shall file a copy of such statement CALL WITNESSES: peal to the Committee and the presiding offi- with the Committee at least two working (A) In adjudicatory hearings, any respond- cer of the Senate. The presiding officer shall days in advance of the hearing at which the ent and any other person who obtains the cause the notice of the appeal to be printed statement is to be presented. The Chairman permission of the Committee, may person- in the Congressional Record and the Senate and Vice Chairman shall determine whether ally or through counsel cross-examine wit- Journal. such statements may be read or placed in the nesses called by the Committee and may call (2) S. Res. 338 provides that a motion to record of the hearing. witnesses in his or her own behalf. proceed to consideration of an appeal pursu- (4) Insofar as practicable, each witness (B) A respondent may apply to the Com- mittee for the issuance of subpoenas for the ant to paragraph (1) shall be highly privi- shall be permitted to present a brief oral appearance of witnesses or the production of leged and not debatable. If the motion to opening statement, if he or she desires to do documents on his or her behalf. An applica- proceed to consideration of the appeal is so. agreed to, the appeal shall be decided on the (h) RIGHT TO TESTIFY: Any person whose tion shall be approved upon a concise show- ing by the respondent that the proposed tes- basis of the Committee’s report to the Sen- name is mentioned or who is specifically timony or evidence is relevant and appro- ate. Debate on the appeal shall be limited to identified or otherwise referred to in testi- priate, as determined by the Chairman and 10 hours, which shall be divided equally be- mony or in statements made by a Committee Vice Chairman. tween, and controlled by, those favoring and member, staff member or outside counsel, or those opposing the appeal. (C) With respect to witnesses called by a any witness, and who reasonably believes respondent, or other individual given permis- RULE 5: PROCEDURES FOR HEARINGS that the statement tends to adversely affect sion by the Committee, each such witness (a) RIGHT TO HEARING: The Committee his or her reputation may— shall first be examined by the party who may hold a public or executive hearing in (1) Request to appear personally before the called the witness or by that party’s counsel. any preliminary inquiry, adjudicatory re- Committee to testify in his or her own be- (D) At least one working day before a view, or other proceeding. The Committee half; or witness’s scheduled appearance, a witness or shall accord a respondent an opportunity for (2) File a sworn statement of facts relevant a witness’s counsel may submit to the Com- a hearing before it recommends disciplinary to the testimony or other evidence or state- mittee written questions proposed to be action against that respondent to the Senate ment of which he or she complained. Such asked of that witness. If the Committee de- or before it imposes an order of restitution request and such statement shall be sub- termines that it is necessary, such questions or reprimand. (See Rule 4(d).) mitted to the Committee for its consider- may be asked by any member of the Com- (b) NON-PUBLIC HEARINGS: The Com- ation and action. mittee, or by any Committee staff member if mittee may at any time during a hearing de- (i) CONDUCT OF WITNESSES AND directed by a Committee member. The wit- termine in accordance with paragraph 5(b) of OTHER ATTENDEES: The Presiding Officer ness or witness’s counsel may also submit Rule XXVI of the Standing Rules of the Sen- may punish any breaches of order and deco- additional sworn testimony for the record ate whether to receive the testimony of spe- rum by censure and exclusion from the hear- within twenty-four hours after the last day cific witnesses in executive session. If a wit- ings. The Committee, by majority vote, may that the witness has testified. The insertion ness desires to express a preference for testi- recommend to the Senate that the offender of such testimony in that day’s record is sub- fying in public or in executive session, he or be cited for contempt of Congress. ject to the approval of the Chairman and she shall so notify the Committee at least (j) ADJUDICATORY HEARING PROCE- Vice Chairman acting jointly within five five days before he or she is scheduled to tes- DURES: days after the testimony is received. tify. (1) NOTICE OF HEARINGS: A copy of the (6) ADMISSIBILITY OF EVIDENCE: (c) ADJUDICATORY HEARINGS: The public announcement of an adjudicatory (A) The object of the hearing shall be to as- Committee may, by the recorded vote of not hearing, required by paragraph (e), shall be certain the truth. Any evidence that may be less than four members of the Committee, furnished together with a copy of these relevant and probative shall be admissible designate any public or executive hearing as Rules to all witnesses at the time that they unless privileged under the Federal Rules of an adjudicatory hearing; and any hearing are subpoenaed or otherwise summoned to Evidence. Rules of evidence shall not be ap- which is concerned with possible disciplinary testify. plied strictly, but the Presiding Officer shall action against a respondent or respondents (2) PREPARATION FOR ADJUDICATORY exclude irrelevant or unduly repetitious tes- designated by the Committee shall be an ad- HEARINGS: timony. Objections going only to the weight judicatory hearing. In any adjudicatory (A) At least five working days prior to the that should be given evidence will not justify hearing, the procedures described in para- commencement of an adjudicatory hearing, its exclusion. graph (j) shall apply. the Committee shall provide the following (B) The Presiding Officer shall rule upon (d) SUBPOENA POWER: The Committee information and documents to the respond- any question of the admissibility of testi- may require, by subpoena or otherwise, the ent, if any: mony or other evidence presented to the

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.043 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S936 CONGRESSIONAL RECORD — SENATE February 27, 2013 Committee. Such rulings shall be final un- may be authorized for issuance by either (A) tion, the Chairman, Vice Chairman, or the less reversed or modified by a recorded vote a majority vote of the Committee, or (B) the Committee as the case may be, may direct of not less than four members of the Com- Chairman and Vice Chairman, acting jointly, the witness to answer the question or mittee before the recess of that day’s hear- at any time during a preliminary inquiry, produce the document. The Committee shall ings. adjudicatory review, or other proceeding. not initiate procedures leading to civil or (C) Notwithstanding paragraphs (A) and (2) SIGNATURE AND SERVICE: All sub- criminal enforcement unless the witness re- (B), in any matter before the Committee in- poenas shall be signed by the Chairman or fuses to testify or produce documents after volving allegations of sexual discrimination, the Vice Chairman and may be served by any having been directed to do so. including sexual harassment, or sexual mis- person eighteen years of age or older, who is (5) FILING OF DEPOSITIONS: Deposition conduct, b a Member, officer, or employee designated by the Chairman or Vice Chair- testimony shall be transcribed or electroni- within the jurisdiction of the Committee, man. Each subpoena shall be served with a cally recorded. If the deposition is tran- the Committee shall be guided by the stand- copy of the Rules of the Committee and a scribed, the individual administering the ards and procedures of Rule 412 of the Fed- brief statement of the purpose of the Com- oath shall certify on the transcript that the eral Rules of Evidence, except that the Com- mittee’s proceeding. witness was duly sworn in his or her presence mittee may admit evidence subject to the (3) WITHDRAWAL OF SUBPOENA: The and the transcriber shall certify that the provisions of this paragraph only upon a de- Committee, by recorded vote of not less than transcript is a true record of the testimony. termination of not less than four members of four members of the Committee, may with- The transcript with these certifications shall the full Committee that the interests of jus- draw any subpoena authorized for issuance be filed with the chief clerk of the Com- tice require that such evidence be admitted. by it or authorized for issuance by the Chair- mittee, and the witness shall be furnished (7) SUPPLEMENTARY HEARING PROCE- man and Vice Chairman, acting jointly. The with access to a copy at the Committee’s of- DURES: The Committee may adopt any ad- Chairman and Vice Chairman, acting jointly, fices for review. Upon inspecting the tran- ditional special hearing procedures that it may withdraw any subpoena authorized for script, within a time limit set by the Chair- deems necessary or appropriate to a par- issuance by them. man and Vice Chairman, acting jointly, a ticular adjudicatory hearing. Copies of such (b) DEPOSITIONS: witness may request in writing changes in supplementary procedures shall be furnished (1) PERSONS AUTHORIZED TO TAKE the transcript to correct errors in tran- to witnesses and respondents, and shall be DEPOSITIONS: Depositions may be taken by scription. The witness may also bring to the made available upon request to any member any member of the Committee designated by attention of the Committee errors of fact in of the public. the Chairman and Vice Chairman, acting the witness’s testimony by submitting a (k) TRANSCRIPTS: jointly, or by any other person designated by sworn statement about those facts with a re- (1) An accurate stenographic or recorded the Chairman and Vice Chairman, acting quest that it be attached to the transcript. transcript shall be made of all public and ex- jointly, including outside counsel, Com- The Chairman and Vice Chairman, acting ecutive hearings. Any member of the Com- mittee staff, other employees of the Senate, jointly, may rule on the witness’s request, mittee, Committee staff member, outside or government employees detailed to the and the changes or attachments allowed counsel retained by the Committee, or wit- Committee. shall be certified by the Committee’s chief (2) DEPOSITION NOTICES: Notices for the ness may examine a copy of the transcript clerk. If the witness fails to make any re- taking of depositions shall be authorized by retained by the Committee of his or her own quest under this paragraph within the time the Committee, or the Chairman and Vice remarks and may suggest to the official re- limit set, this fact shall be noted by the Chairman, acting jointly, and issued by the porter any typographical or transcription er- Committee’s chief clerk. Any person author- Chairman, Vice Chairman, or a Committee rors. If the reporter declines to make the re- ized by the Committee may stipulate with staff member or outside counsel designated quested corrections, the member, staff mem- the witness to changes in this procedure. ber, outside counsel or witness may request by the Chairman and Vice Chairman, acting jointly. Depositions may be taken at any RULE 7: VIOLATIONS OF LAW; PERJURY; LEGIS- a ruling by the Chairman and Vice Chair- LATIVE RECOMMENDATIONS; EDUCATIONAL man, acting jointly. Any member or witness time during a preliminary inquiry, adjudica- tory review or other proceeding. Deposition MANDATE; AND APPLICABLE RULES AND shall return the transcript with suggested STANDARDS OF CONDUCT corrections to the Committee offices within notices shall specify a time and place for ex- (a) VIOLATIONS OF LAW: Whenever the five working days after receipt of the tran- amination. Unless otherwise specified, the Committee determines by the recorded vote script, or as soon thereafter as is practicable. deposition shall be in private, and the testi- of not less than four members of the full If the testimony was given in executive ses- mony taken and documents produced shall Committee that there is reason to believe sion, the member or witness may only in- be deemed for the purpose of these rules to that a violation of law, including the provi- spect the transcript at a location determined have been received in a closed or executive sion of false information to the Committee, by the Chairman and Vice Chairman, acting session of the Committee. The Committee may have occurred, it shall report such pos- jointly. Any questions arising with respect shall not initiate procedures leading to sible violation to the proper Federal and to the processing and correction of tran- criminal or civil enforcement proceedings for state authorities. scripts shall be decided by the Chairman and a witness’s failure to appear, or to testify, or (b) PERJURY: Any person who knowingly Vice Chairman, acting jointly. to produce documents, unless the deposition and willfully swears falsely to a sworn com- (2) Except for the record of a hearing which notice was accompanied by a subpoena au- plaint or any other sworn statement to the is closed to the public, each transcript shall thorized for issuance by the Committee, or Committee does so under penalty of perjury. be printed as soon as is practicable after re- the Chairman and Vice Chairman, acting The Committee may refer any such case to ceipt of the corrected version. The Chairman jointly. (3) COUNSEL AT DEPOSITIONS: Wit- the Attorney General for prosecution. and Vice Chairman, acting jointly, may nesses may be accompanied at a deposition (c) LEGISLATIVE RECOMMENDATIONS: order the transcript of a hearing to be print- by counsel to advise them of their rights. The Committee shall recommend to the Sen- ed without the corrections of a member or (4) DEPOSITION PROCEDURE: Witnesses ate by report or resolution such additional witness if they determine that such member at depositions shall be examined upon oath rules, regulations, or other legislative meas- or witness has been afforded a reasonable administered by an individual authorized by ures as it determines to be necessary or de- time to correct such transcript and such law to administer oaths, or administered by sirable to ensure proper standards of conduct transcript has not been returned within such any member of the Committee if one is by Members, officers, or employees of the time. present. Questions may be propounded by Senate. The Committee may conduct such (3) The Committee shall furnish each wit- any person or persons who are authorized to inquiries as it deems necessary to prepare ness, at no cost, one transcript copy of that take depositions for the Committee. If a wit- such a report or resolution, including the witness’s testimony given at a public hear- ness objects to a question and refuses to tes- holding of hearings in public or executive ing. If the testimony was given in executive tify, or refuses to produce a document, any session and the use of subpoenas to compel session, then a transcript copy shall be pro- member of the Committee who is present the attendance of witnesses or the produc- vided upon request, subject to appropriate may rule on the objection and, if the objec- tion of materials. The Committee may make conditions and restrictions prescribed by the tion is overruled, direct the witness to an- legislative recommendations as a result of Chairman and Vice Chairman. If any indi- swer the question or produce the document. its findings in a preliminary inquiry, adju- vidual violates such conditions and restric- If no member of the Committee is present, dicatory review, or other proceeding. tions, the Committee may recommend by the individual who has been designated by (d) Educational Mandate: The Committee majority vote that he or she be cited for con- the Chairman and Vice Chairman, acting shall develop and implement programs and tempt of Congress. jointly, to take the deposition may proceed materials designed to educate Members, offi- RULE 6: SUBPOENAS AND DEPOSITIONS with the deposition, or may, at that time or cers, and employees about the laws, rules, (a) SUBPOENAS: at a subsequent time, seek a ruling by tele- regulations, and standards of conduct appli- (1) AUTHORIZATION FOR ISSUANCE: phone or otherwise on the objection from the cable to such individuals in the performance Subpoenas for the attendance and testimony Chairman or Vice Chairman of the Com- of their duties. of witnesses at depositions or hearings, and mittee, who may refer the matter to the (e) APPLICABLE RULES AND STAND- subpoenas for the production of documents Committee or rule on the objection. If the ARDS OF CONDUCT: and tangible things at depositions, hearings, Chairman or Vice Chairman, or the Com- (1) Notwithstanding any other provision of or other times and places designated therein, mittee upon referral, overrules the objec- this section, no adjudicatory review shall be

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.045 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S937 initiated of any alleged violation of any law, cifically approved by the staff director or by event of termination of the Select Com- the Senate Code of Official Conduct, rule, or outside counsel designated by the Chairman mittee on Ethics, in such a manner as may regulation which was not in effect at the and Vice Chairman. be determined by its successor or by the Sen- time the alleged violation occurred. No pro- (2) Each member of the Committee shall ate. visions of the Senate Code of Official Con- have access to all materials in the Commit- (2) No member of the Select Committee on duct shall apply to or require disclosure of tee’s possession. The staffs of members shall Ethics staff or any person engaged by con- any act, relationship, or transaction which not have access to Committee Sensitive or tract or otherwise to perform services for the occurred prior to the effective date of the ap- classified documents and materials without Select Committee on Ethics, shall be grant- plicable provision of the Code. the specific approval in each instance of the ed access to classified or Committee Sen- (2) The Committee may initiate an adju- Chairman, and Vice Chairman, acting joint- sitive information or material in the posses- dicatory review of any alleged violation of a ly. Members may examine such materials in sion of the Select Committee on Ethics un- rule or law which was in effect prior to the the Committee’s offices. If necessary, re- less and until such person agrees in writing, enactment of the Senate Code of Official quested materials may be hand delivered by as a condition of employment, to the non- Conduct if the alleged violation occurred a member of the Committee staff to the disclosure policy. The agreement shall be- while such rule or law was in effect and the member of the Committee, or to a staff per- come effective when signed by the Chairman violation was not a matter resolved on the son(s) specifically designated by the mem- and Vice Chairman on behalf of the Com- mittee. merits by the predecessor Committee. ber, for the Member’s or designated staffer’s examination. A member of the Committee RULE 9: BROADCASTING AND NEWS COVERAGE OF RULE 8: PROCEDURES FOR HANDLING COMMITTEE who has possession of Committee Sensitive COMMITTEE PROCEEDINGS SENSITIVE AND CLASSIFIED MATERIALS documents or materials shall take appro- (a) Whenever any hearing or meeting of the (a) PROCEDURES FOR HANDLING COM- priate safeguards for maintaining the secu- Committee is open to the public, the Com- MITTEE SENSITIVE MATERIALS: rity of such documents or materials in the mittee shall permit that hearing or meeting (1) Committee Sensitive information or possession of the Member or his or her des- to be covered in whole or in part, by tele- material is information or material in the ignated staffer. vision broadcast, radio broadcast, still pho- possession of the Select Committee on Eth- (3) Committee Sensitive documents that tography, or by any other methods of cov- ics which pertains to illegal or improper con- are provided to a Member of the Senate in erage, unless the Committee decides by re- duct by a present or former Member, officer, connection with a complaint that has been corded vote of not less than four members of or employee of the Senate; to allegations or filed against the Member shall be hand deliv- the Committee that such coverage is not ap- accusations of such conduct; to any resulting ered to the Member or to the Member’s Chief propriate at a particular hearing or meeting. preliminary inquiry, adjudicatory review or of Staff or Administrative Assistant. Com- (b) Any witness served with a subpoena by other proceeding by the Select Committee mittee Sensitive documents that are pro- the Committee may request not to be photo- on Ethics into such allegations or conduct; vided to a Member of the Senate who is the graphed at any hearing or to give evidence or to the investigative techniques and proce- subject of a preliminary inquiry, adjudica- testimony while the broadcasting, reproduc- dures of the Select Committee on Ethics; or tory review, or other proceeding, shall be tion, or coverage of that hearing, by radio, to other information or material designated hand delivered to the Member or to his or television, still photography, or other meth- by the staff director, or outside counsel des- her specifically designated representative. ods is occurring. At the request of any such ignated by the Chairman and Vice Chairman. (4) Any Member of the Senate who is not a witness who does not wish to be subjected to (2) The Chairman and Vice Chairman of the member of the Committee and who seeks ac- radio, television, still photography, or other Committee shall establish such procedures cess to any Committee Sensitive or classi- methods of coverage, and subject to the ap- as may be necessary to prevent the unau- fied documents or materials, other than doc- proval of the Committee, all lenses shall be thorized disclosure of Committee Sensitive uments or materials which are matters of covered and all microphones used for cov- information in the possession of the Com- public record, shall request access in writing. erage turned off. (c) If coverage is permitted, it shall be in mittee or its staff. Procedures for protecting The Committee shall decide by majority accordance with the following requirements: Committee Sensitive materials shall be in vote whether to make documents or mate- writing and shall be given to each Com- (1) Photographers and reporters using me- rials available. If access is granted, the chanical recording, filming, or broadcasting mittee staff member. Member shall not disclose the information (b) PROCEDURES FOR HANDLING CLAS- apparatus shall position their equipment so except as authorized by the Committee. as not to interfere with the seating, vision, SIFIED MATERIALS: (5) Whenever the Committee makes Com- and hearing of the Committee members and (1) Classified information or material is in- mittee Sensitive or classified documents or staff, or with the orderly process of the formation or material which is specifically materials available to any Member of the designated as classified under the authority meeting or hearing. Senate who is not a member of the Com- (2) If the television or radio coverage of the of Executive Order 11652 requiring protection mittee, or to a staff person of a Committee hearing or meeting is to be presented to the of such information or material from unau- member in response to a specific request to public as live coverage, the coverage shall be thorized disclosure in order to prevent dam- the Chairman and Vice Chairman, a written conducted and presented without commer- age to the United States. record shall be made identifying the Member cial sponsorship. (2) The Chairman and Vice Chairman of the of the Senate requesting such documents or (3) Personnel providing coverage by the Committee shall establish such procedures materials and describing what was made television and radio media shall be currently as may be necessary to prevent the unau- available and to whom. accredited to the Radio and Television Cor- thorized disclosure of classified information (d) NON-DISCLOSURE POLICY AND respondents’ Galleries. in the possession of the Committee or its AGREEMENT: (4) Personnel providing coverage by still staff. Procedures for handling such informa- (1) Except as provided in the last sentence photography shall be currently accredited to tion shall be in writing and a copy of the of this paragraph, no member of the Select the Press Photographers’ Gallery Committee procedures shall be given to each staff mem- Committee on Ethics, its staff or any person of Press Photographers. ber cleared for access to classified informa- engaged by contract or otherwise to perform (5) Personnel providing coverage by the tion. services for the Select Committee on Ethics television and radio media and by still pho- (3) Each member of the Committee shall shall release, divulge, publish, reveal by tography shall conduct themselves and the have access to classified material in the writing, word, conduct, or disclose in any coverage activities in an orderly and unob- Committee’s possession. Only Committee way, in whole, or in part, or by way of sum- trusive manner. staff members with appropriate security mary, during tenure with the Select Com- RULE 10: PROCEDURES FOR ADVISORY OPINIONS clearances and a need-to-know, as approved mittee on Ethics or anytime thereafter, any (a) WHEN ADVISORY OPINIONS ARE by the Chairman and Vice Chairman, acting testimony given before the Select Com- RENDERED: jointly, shall have access to classified infor- mittee on Ethics in executive session (in- (1) The Committee shall render an advisory mation in the Committee’s possession. cluding the name of any witness who ap- opinion, in writing within a reasonable time, (c) PROCEDURES FOR HANDLING COM- peared or was called to appear in executive in response to a written request by a Member MITTEE SENSITIVE AND CLASSIFIED session), any classified or Committee Sen- or officer of the Senate or a candidate for DOCUMENTS: sitive information, document or material, nomination for election, or election to the (1) Committee Sensitive documents and received or generated by the Select Com- Senate, concerning the application of any materials shall be stored in the Committee’s mittee on Ethics or any classified or Com- law, the Senate Code of Official Conduct, or offices, with appropriate safeguards for mittee Sensitive information which may any rule or regulation of the Senate within maintaining the security of such documents come into the possession of such person dur- the Committee’s jurisdiction, to a specific or materials. Classified documents and mate- ing tenure with the Select Committee on factual situation pertinent to the conduct or rials shall be further segregated in the Com- Ethics or its staff. Such information, docu- proposed conduct of the person seeking the mittee’s offices in secure filing safes. Re- ments, or material may be released to an of- advisory opinion. moval from the Committee offices of such ficial of the executive branch properly (2) The Committee may issue an advisory documents or materials is prohibited except cleared for access with a need-to-know, for opinion in writing within a reasonable time as necessary for use in, or preparation for, any purpose or in connection with any pro- in response to a written request by any em- interviews or Committee meetings, including ceeding, judicial or otherwise, as authorized ployee of the Senate concerning the applica- the taking of testimony, or as otherwise spe- by the Select Committee on Ethics, or in the tion of any law, the Senate Code of Official

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.046 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S938 CONGRESSIONAL RECORD — SENATE February 27, 2013 Conduct, or any rule or regulation of the clarifying the application of any law, the relating to the filing of financial disclosure Senate within the Committee’s jurisdiction, Code of Official Conduct, or any rule or regu- reports by individuals who are expected to to a specific factual situation pertinent to lation of the Senate within its jurisdiction. perform or who have performed the duties of the conduct or proposed conduct of the per- The Committee also may issue such rulings their offices or positions for less than one son seeking the advisory opinion. clarifying or explaining any rule or regula- hundred and thirty days in a calendar year; (b) FORM OF REQUEST: A request for an tion of the Select Committee on Ethics. (2) Section 102(a)(2)(D) of the Ethics in advisory opinion shall be directed in writing (b) REQUEST FOR RULING: A request for Government Act, as amended (Rule XXXIV), to the Chairman of the Committee and shall such a ruling must be directed in writing to relating to the reporting of gifts; include a complete and accurate statement the Chairman or Vice Chairman of the Com- (3) Paragraph 1 of Rule XXXV relating to of the specific factual situation with respect mittee. acceptance of gifts; or to which the request is made as well as the (c) ADOPTION OF RULING: (4) Paragraph 5 of Rule XLI relating to ap- specific question or questions which the re- (1) The Chairman and Vice Chairman, act- plicability of any of the provisions of the questor wishes the Committee to address. ing jointly, shall issue a written interpreta- Code of Official Conduct to an employee of (c) OPPORTUNITY FOR COMMENT: tive ruling in response to any such request, the Senate hired on a per diem basis. (1) The Committee will provide an oppor- unless (b) REQUESTS FOR WAIVERS: A request tunity for any interested party to comment (A) they cannot agree, for a waiver under paragraph (a) must be di- on a request for an advisory opinion (B) it requires an interpretation of a sig- rected to the Chairman or Vice Chairman in (A) which requires an interpretation on a nificant question of first impression, or writing and must specify the nature of the (C) either requests that it be taken to the significant question of first impression that waiver being sought and explain in detail the Committee, in which event the request shall will affect more than a few individuals; or facts alleged to justify a waiver. In the case be directed to the Committee for a ruling. (B) when the Committee determines that of a request submitted by an employee, the (2) A ruling on any request taken to the comments from interested parties would be views of his or her supervisor (as determined Committee under subparagraph (1) shall be of assistance. under paragraph 12 of Rule XXXVII of the adopted by a majority of the members voting (2) Notice of any such request for an advi- Standing Rules of the Senate) should be in- and the ruling shall then be issued by the sory opinion shall be published in the Con- cluded with the waiver request. Chairman and Vice Chairman. (c) RULING: The Committee shall rule on gressional Record, with appropriate dele- (d) PUBLICATION OF RULINGS: The a waiver request by recorded vote with a ma- tions to insure confidentiality, and inter- Committee will publish in the Congressional jority of those voting affirming the decision. ested parties will be asked to submit their Record, after making appropriate deletions With respect to an individual’s request for a comments in writing to the Committee with- to ensure confidentiality, any interpretative waiver in connection with the acceptance or in ten days. rulings issued under this Rule which the reporting the value of gifts on the occasion (3) All relevant comments received on a Committee determines may be of assistance of the individual’s marriage, the Chairman timely basis will be considered. or guidance to other Members, officers or and the Vice Chairman, acting jointly, may (d) ISSUANCE OF AN ADVISORY OPIN- employees. The Committee may at any time rule on the waiver. ION: revise, withdraw, or elaborate on interpreta- (d) AVAILABILITY OF WAIVER DETER- (1) The Committee staff shall prepare a tive rulings. MINATIONS: A brief description of any proposed advisory opinion in draft form (e) RELIANCE ON RULINGS: Whenever an waiver granted by the Committee, with ap- which will first be reviewed and approved by individual can demonstrate to the Commit- propriate deletions to ensure confidentiality, the Chairman and Vice Chairman, acting tee’s satisfaction that his or her conduct was shall be made available for review upon re- jointly, and will be presented to the Com- in good faith reliance on an interpretative quest in the Committee office. Waivers mittee for final action. If (A) the Chairman ruling issued in accordance with this Rule, granted by the Committee pursuant to the and Vice Chairman cannot agree, or (B) ei- the Committee will not recommend sanc- Ethics in Government Act of 1978, as amend- ther the Chairman or Vice Chairman re- tions to the Senate as a result of such con- ed, may only be granted pursuant to a pub- quests that it be taken directly to the Com- duct. mittee, then the proposed advisory opinion (f) RULINGS BY COMMITTEE STAFF: licly available request as required by the shall be referred to the Committee for its de- The Committee staff is not authorized to Act. cision. make rulings or give advice, orally or in RULE 14: DEFINITION OF ‘‘OFFICER OR (2) An advisory opinion shall be issued only writing, which binds the Committee in any EMPLOYEE’’ by the affirmative recorded vote of a major- way. (a) As used in the applicable resolutions ity of the members voting. RULE 12: PROCEDURES FOR COMPLAINTS INVOLV- and in these rules and procedures, the term (3) Each advisory opinion issued by the ING IMPROPER USE OF THE MAILING FRANK ‘‘officer or employee of the Senate’’ means: Committee shall be promptly transmitted (a) AUTHORITY TO RECEIVE COM- (1) An elected officer of the Senate who is for publication in the Congressional Record not a Member of the Senate; after appropriate deletions are made to in- PLAINTS: The Committee is directed by sec- tion 6(b) of Public Law 93—191 to receive and (2) An employee of the Senate, any com- sure confidentiality. The Committee may at mittee or subcommittee of the Senate, or any time revise, withdraw, or elaborate on dispose of complaints that a violation of the use of the mailing frank has occurred or is any Member of the Senate; any advisory opinion. (3) The Legislative Counsel of the Senate (e) RELIANCE ON ADVISORY OPINIONS: about to occur by a Member or officer of the Senate or by a surviving spouse of a Member. or any employee of his office; (1) Any advisory opinion issued by the (4) An Official Reporter of Debates of the All such complaints will be processed in ac- Committee under Senate Resolution 338, 88th Senate and any person employed by the Offi- cordance with the provisions of these Rules, Congress, as amended, and the rules may be cial Reporters of Debates of the Senate in relied upon by except as provided in paragraph (b). (b) DISPOSITION OF COMPLAINTS: connection with the performance of their of- (A) Any person involved in the specific (1) The Committee may dispose of any such ficial duties; transaction or activity with respect to which complaint by requiring restitution of the (5) A member of the Capitol Police force such advisory opinion is rendered if the re- cost of the mailing, pursuant to the franking whose compensation is disbursed by the Sec- quest for such advisory opinion included a statute, if it finds that the franking viola- retary of the Senate; complete and accurate statement of the spe- tion was the result of a mistake. (6) An employee of the Vice President, if cific factual situation; and (2) Any complaint disposed of by restitu- such employee’s compensation is disbursed (B) any person involved in any specific tion that is made after the Committee has by the Secretary of the Senate; transaction or activity which is indistin- formally commenced an adjudicatory review, (7) An employee of a joint committee of guishable in all its material aspects from the must be summarized, together with the dis- the Congress whose compensation is dis- transaction or activity with respect to which position, in a report to the Senate, as appro- bursed by the Secretary of the Senate; such advisory opinion is rendered. priate. (8) An officer or employee of any depart- (2) Any person who relies upon any provi- (3) If a complaint is disposed of by restitu- ment or agency of the Federal Government sion or finding of an advisory opinion in ac- tion, the complainant, if any, shall be noti- whose services are being utilized on a full- cordance with the provisions of Senate Reso- fied of the disposition in writing. time and continuing basis by a Member, offi- lution 338, 88th Congress, as amended, and of (c) ADVISORY OPINIONS AND INTER- cer, employee, or committee of the Senate in the rules, and who acts in good faith in ac- PRETATIVE RULINGS: Requests for advi- accordance with Rule XLI(3) of the Standing cordance with the provisions and findings of sory opinions or interpretative rulings in- Rules of the Senate; and such advisory opinion shall not, as a result volving franking questions shall be processed (9) Any other individual whose full-time of any such act, be subject to any sanction in accordance with Rules 10 and 11. services are utilized for more than ninety by the Senate. RULE 13: PROCEDURES FOR WAIVERS days in a calendar year by a Member, officer, employee, or committee of the Senate in the RULE 11: PROCEDURES FOR INTERPRETATIVE (a) AUTHORITY FOR WAIVERS: The Com- conduct of official duties in accordance with RULINGS mittee is authorized to grant a waiver under Rule XLI(4) of the Standing Rules of the (a) BASIS FOR INTERPRETATIVE RUL- the following provisions of the Standing Senate. INGS: Senate Resolution 338, 88th Congress, Rules of the Senate: as amended, authorizes the Committee to (1) Section 101(h) of the Ethics in Govern- RULE 15: COMMITTEE STAFF issue interpretative rulings explaining and ment Act of 1978, as amended (Rule XXXIV), (a) COMMITTEE POLICY:

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.047 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S939 (1) The staff is to be assembled and re- to a recorded vote of not less than four mem- than fourteen calendar days may be closed to tained as a permanent, professional, non- bers of the full Committee taken at a meet- the public on a motion made and seconded to partisan staff. ing called with due notice when prior written go into closed session to discuss only wheth- (2) Each member of the staff shall be pro- notice of the proposed change has been pro- er the matters enumerated in classes (1) fessional and demonstrably qualified for the vided each member of the Committee. through (6) would require the meeting to be position for which he or she is hired. (b) PUBLICATION: Any amendments closed followed immediately by a record vote (3) The staff as a whole and each member adopted to the Rules of this Committee shall in open session by a majority of the members of the staff shall perform all official duties be published in the Congressional Record in of the committee or subcommittee when it is in a nonpartisan manner. accordance with Rule XXVI(2) of the Stand- determined that the matters to be discussed (4) No member of the staff shall engage in ing Rules of the Senate. or the testimony to be taken at such meet- ing or meetings— any partisan political activity directly af- SELECT COMMITTEE ON ETHICS fecting any congressional or presidential (1) will disclose matters necessary to be election. PART III—SUBJECT MATTER JURISDICTION kept secret in the interests of national de- (5) No member of the staff or outside coun- Following are sources of the subject mat- fense or the confidential conduct of the for- sel may accept public speaking engagements ter jurisdiction of the Select Committee: eign relations of the United States; or write for publication on any subject that (a) The Senate Code of Official Conduct ap- (2) will relate solely to matters of com- is in any way related to his or her employ- proved by the Senate in Title I of S. Res. 110, mittee staff personnel or internal staff man- ment or duties with the Committee without 95th Congress, April 1, 1977, as amended, and agement or procedure; specific advance permission from the Chair- stated in Rules 34 through 43 of the Standing (3) will tend to charge an individual with man and Vice Chairman. Rules of the Senate; crime or misconduct, to disgrace or injure (6) No member of the staff may make pub- (b) Senate Resolution 338, 88th Congress, as the professional standing of an individual, or lic, without Committee approval, any Com- amended, which states, among others, the otherwise to expose an individual to public mittee Sensitive or classified information, duties to receive complaints and investigate contempt or obloquy, or will represent a documents, or other material obtained dur- allegations of improper conduct which may clearly unwarranted invasion of the privacy ing the course of his or her employment with reflect on the Senate, violations of law, vio- of an individual; the Committee. lations of the Senate Code of Official Con- (4) will disclose the identity of any in- (b) APPOINTMENT OF STAFF: duct and violations of rules and regulations former or law enforcement agent or will dis- (1) The appointment of all staff members of the Senate; recommend disciplinary ac- close any information relating to the inves- shall be approved by the Chairman and Vice tion; and recommend additional Senate tigation or prosecution of a criminal offense Chairman, acting jointly. Rules or regulations to insure proper stand- that is required to be kept secret in the in- (2) The Committee may determine by ma- ards of conduct; terests of effective law enforcement; (5) will disclose information relating to the jority vote that it is necessary to retain staff (c) Residual portions of Standing Rules 41, trade secrets or financial or commercial in- members, including a staff recommended by 42, 43 and 44 of the Senate as they existed on formation pertaining specifically to a given a special counsel, for the purpose of a par- the day prior to the amendments made by Title I of S. Res. 110; person if— ticular preliminary inquiry, adjudicatory re- (A) an Act of Congress requires the infor- (d) Public Law 93-191 relating to the use of view, or other proceeding. Such staff shall be mation to be kept confidential by Govern- the mail franking privilege by Senators, offi- retained only for the duration of that par- ment officers and employees; or ticular undertaking. cers of the Senate; and surviving spouses of (B) the information has been obtained by (3) The Committee is authorized to retain Senators; the Government on a confidential basis, and compensate counsel not employed by the (e) Senate Resolution 400, 94th Congress, other than through an application by such Senate (or by any department or agency of Section 8, relating to unauthorized disclo- person for a specific Government financial or the Executive Branch of the Government) sure of classified intelligence information in other benefit, and is required to be kept se- whenever the Committee determines that the possession of the Select Committee on cret in order to prevent undue injury to the the retention of outside counsel is necessary Intelligence; competitive position of such person; or or appropriate for any action regarding any (f) Public Law 95–105, Section 515, relating (6) may divulge matters required to be complaint or allegation, preliminary in- to the receipt and disposition of foreign gifts kept confidential under other provisions of quiry, adjudicatory review, or other pro- and decorations received by Senate mem- law or Government regulations. ceeding, which in the determination of the bers, officers and employees and their (c) Whenever any hearing conducted by Committee, is more appropriately conducted spouses or dependents; any such committee or subcommittee is by counsel not employed by the Government (g) Preamble to Senate Resolution 266, 90th open to the public, that hearing may be of the United States as a regular employee. Congress, 2d Session, March 22, 1968; and broadcast by radio or television, or both, The Committee shall retain and compensate (h) The Code of Ethics for Government under such rules as the committee or sub- outside counsel to conduct any adjudicatory Service, H. Con. Res. 175, 85th Congress, 2d committee may adopt. review undertaken after a preliminary in- Session, July 11, 1958 (72 Stat. B12). Except (d) Whenever disorder arises during a com- quiry, unless the Committee determines that that S. Res. 338, as amended by Section 202 of mittee meeting that is open to the public, or the use of outside counsel is not appropriate S. Res. 110 (April 2, 1977), and as amended by any demonstration of approval or dis- in the particular case. Section 3 of S. Res. 222 (1999), provides: approval is indulged in by any person in at- (c) DISMISSAL OF STAFF: A staff mem- (g) Notwithstanding any other provision of tendance at any such meeting, it shall be the ber may not be removed for partisan, polit- this section, no adjudicatory review shall be duty of the Chair to enforce order on his own ical reasons, or merely as a consequence of initiated of any alleged violation of any law, initiative and without any point of order the rotation of the Committee membership. the Senate Code of Official Conduct, rule, or being made by a Senator. When the Chair The Chairman and Vice Chairman, acting regulation which was not in effect at the finds it necessary to maintain order, he shall jointly, shall approve the dismissal of any time the alleged violation occurred. No pro- have the power to clear the room, and the staff member. visions of the Senate Code of Official Con- committee may act in closed session for so (d) STAFF WORKS FOR COMMITTEE AS duct shall apply to or require disclosure of long as there is doubt of the assurance of WHOLE: All staff employed by the Com- any act, relationship, or transaction which order. mittee or housed in Committee offices shall occurred prior to the effective date of the ap- APPENDIX B—‘‘SUPERVISORS’’ DEFINED work for the Committee as a whole, under plicable provision of the Code. The Select Paragraph 12 of Rule XXXVII of the Stand- the general direction of the Chairman and Committee may initiate an adjudicatory re- ing Rules of the Senate reads as follows: Vice Chairman, and the immediate direction view of any alleged violation of a rule or law FOR PURPOSES OF THIS RULE— of the staff director or outside counsel. which was in effect prior to the enactment of (e) NOTICE OF SUMMONS TO TESTIFY: the Senate Code of Official Conduct if the al- (a) a Senator or the Vice President is the Each member of the Committee staff or out- leged violation occurred while such rule or supervisor of his administrative, clerical, or side counsel shall immediately notify the law was in effect and the violation was not a other assistants; Committee in the event that he or she is matter resolved on the merits by the prede- (b) a Senator who is the chairman of a called upon by a properly constituted au- cessor Select Committee. committee is the supervisor of the profes- sional, clerical, or other assistants to the thority to testify or provide confidential in- APPENDIX A OPEN AND CLOSED MEETINGS formation obtained as a result of and during committee except that minority staff mem- Paragraphs 5 (b) to (d) of Rule XXVI of the his or her employment with the Committee. bers shall be under the supervision of the Standing Rules of the Senate reads as fol- ranking minority Senator on the committee; RULE 16: CHANGES IN SUPPLEMENTARY lows: (c) a Senator who is a chairman of a sub- PROCEDURAL RULES (b) Each meeting of a standing, select, or committee which has its own staff and finan- (a) ADOPTION OF CHANGES IN SUPPLE- special committee of the Senate, or any sub- cial authorization is the supervisor of the MENTARY RULES: The Rules of the Com- committee thereof, including meetings to professional, clerical, or other assistants to mittee, other than rules established by stat- conduct hearings, shall be open to the public, the subcommittee except that minority staff ute, or by the Standing Rules and Standing except that a meeting or series of meetings members shall be under the supervision of Orders of the Senate, may be modified, by a committee or a subcommittee thereof the ranking minority Senator on the sub- amended, or suspended at any time, pursuant on the same subject for a period of no more committee;

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.049 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S940 CONGRESSIONAL RECORD — SENATE February 27, 2013 (d) the President pro tempore is the super- Defense Authorization Acts. A proud town Hoyas basketball team blows a visor of the Secretary of the Senate, Ser- graduate of Georgetown University, late lead. geant at Arms and Doorkeeper, the Chaplain, Rick received his law degree from As Rick leaves us to enjoy a well-de- the Legislative Counsel, and the employees Fordham University and a masters’ de- served retirement with his wife Mar- of the Office of the Legislative Counsel; (e) the Secretary of the Senate is the su- gree in international law from the Na- garet, his children, and his grand- pervisor of the employees of his office; tional Law Center at George Wash- children, I know I speak for the entire (f) the Sergeant at Arms and Doorkeeper is ington University. He has gone on to Armed Services Committee—members the supervisor of the employees of his office; have what I am sure must be a far and staff—when I say: Thanks, Rick, (g) the Majority and Minority Leaders and greater influence on international law for a job extraordinarily well done, and the Majority and Minority Whips are the su- than any of his professors or mentors best wishes for the future. pervisors of the research, clerical, and other could have imagined. It is no exaggera- f assistants assigned to their respective of- tion to say that Rick DeBobes has been fices; involved in writing or improving vir- ADDITIONAL STATEMENTS (h) the Majority Leader is the supervisor of the Secretary for the Majority and the Sec- tually every major piece of national se- curity legislation to come before the retary for the Majority is the supervisor of CONGRATULATING WAYNE WILSON the employees of his office; and Congress in the last quarter century, (i) the Minority Leader is the supervisor of starting with the Goldwater-Nichols ∑ Mr. HELLER. Mr. President, today I the Secretary for the Minority and the Sec- legislation that he helped shape before wish to recognize one of Nevada’s own, retary for the Minority is the supervisor of joining the committee staff. Wayne Wilson, for being named as a fi- the employees of his office. For the last 10 years, Rick has served nalist for the Citizen Service Before f as staff director of the Senate Armed Self Honors by the Congressional Services Committee—one of the tough- Medal of Honor Foundation. His efforts CONFIRMATION OF CHUCK HAGEL est and most important jobs in the to assist disabled veterans have earned AS SECRETARY OF DEFENSE Senate. In this capacity, Rick has not him this distinct honor, and I am both Mr. LAUTENBERG. Mr. President, only helped guide our annual National humbled and honored to recognize him today is Chuck Hagel’s first day as our Defense Authorization Act to enact- today. Secretary of Defense. This is a great ment each year, but also played a vital After graduating from the United development for our Armed Forces and role in congressional oversight of our States Army Sergeant Major Academy the Nation they protect. military operations in Iraq, Afghani- in 1976, Wayne served in the National I was proud to support Chuck Hagel’s stan, and elsewhere. His leadership of Guard for over four decades. He served nomination to become the Secretary of the committee staff has also seen the as command sergeant major of an engi- Defense, and I was proud to see his enactment of the Wounded Warrior neer group and a combat engineer bat- nomination confirmed with bipartisan Act, the Detainee Treatment Act, the talion. In 1984, he transferred to the support yesterday. Throughout his life, Military Commissions Act of 2009, the Nevada National Guard and moved to Chuck has displayed courage, wisdom, Weapon Systems Acquisition Reform Carson City. Throughout Wayne’s life- and leadership. And he has always Act, TRICARE for Life, and the repeal time, he has always remained an active served this Nation with dedication and of don’t ask, don’t tell, along with member in the veteran community and resolve. I am confident he will be a other major legislation. Rick’s advice has dedicated his free time to looking strong and able leader of the men and and counsel on all of these matters—in- after this community’s needs. Wayne women in our military, and I am con- formed by his unique background and was one of the original founders of the fident he will do everything possible to experience—have been invaluable not Veterans Guest House, is a lifetime keep our country safe. only to me and to other members of member of the Disabled American Vet- I congratulate Secretary Hagel on his the Armed Services Committee, but erans, DAV, and has been named the successful and well-deserved confirma- also to our military chiefs of staff, Silver State’s Veteran of the Month. tion and wish him the best as he begins combatant commanders, and other sen- In 2008, Wayne founded the Northern his leadership of our Department of De- ior military and civilian officials in the Nevada Wheelchair Program to dis- fense. Department of Defense. tribute wheelchairs to disabled vet- I yield the floor. In the 16 years that I have served as erans. Providing our Nation’s greatest f chairman or ranking member of the heroes with mobility and independence Armed Services Committee, Rick has is a unique gift and a singular act of TRIBUTE TO RICK DEBOBES spent countless hours in my office, dis- heroism. His commitment to putting Mr. LEVIN. Mr. President, there is a cussing national security matters of others first is a true example of sac- document posted on the wall of the of- every kind. He has joined me on vir- rifice for the betterment of others. fices of the Senate Armed Services tually every overseas trip I have taken, In October 2012, I had the privilege of Committee with all of the staff listed including more than a dozen trips to meeting Wayne when he was recognized in order of seniority, with the dates on Iraq and Afghanistan. We have met to- by Governor Sandoval as Nevada’s Vet- which they started their service. The gether with Senators, Secretaries of eran of the Month. His continued serv- second name on the list is that of Rick Defense, chiefs of staff, and foreign ice and sacrifice to our country and DeBobes, the staff director of the com- heads of state. We have been through veteran community makes me proud mittee, who joined the committee staff markups, floor debates, and con- that Wayne calls Nevada home. Today, 24 years ago, on March 9, 1989. That ferences together. Through all of this, I I ask my colleagues to join me in rec- record of service is all the more re- have not only appreciated and needed ognizing Wayne for his tireless efforts markable because Rick did not come to Rick’s wise counsel, I have enjoyed his to better the Silver State.∑ the Senate until after he had com- company. f pleted a distinguished 26-year career in Rick’s hallmark as staff director has the Navy. His last assignment on Ac- been the composure, the steadiness, REMEMBERING CLARENCE tive Duty was as legal advisor to Chair- and the sound judgment that he brings JACKSON man of the Joint Chiefs of Staff Wil- to the job every single day. The com- ∑ Ms. MURKOWSKI. Mr. President, I liam Crowe. mittee staff often line up outside would like to take a moment to reflect This week, Rick will retire for the Rick’s office door, bringing him one on the sad news that Clarence Jackson, second time, culminating an extraor- crisis after another that needs to be ad- a Tlingit elder, ‘‘walked into the for- dinary record of 50 years of service to dressed. Whether it is early in the est’’ on January 31, 2013, at the age of the Senate, the Navy, the men and morning before a hearing or late at 78. women of our Armed Forces, and his night after a ‘‘Little 4’’ meeting in con- Clarence Jackson was an individual country. ference, Rick always makes time for who committed his life to the Native In the course of his service on the the staff. And I don’t think any of us peoples of Alaska. Clarence was invalu- committee staff, Rick has played a key have ever seen Rick lose his cool—ex- able and irreplaceable, as he gener- role in the enactment of 24 National cept perhaps when his beloved George- ously shared his vast knowledge of the

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.051 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S941 Tlingit language, history and culture. During his long career as a public ment of the Senate in the Office of the Presi- In 1972, Jackson signed the articles of safety professional, Chief Alexander dent of the Senate on February 21, 2013; to incorporation for Sealaska Corporation has been a leader in promoting commu- the Committee on Agriculture, Nutrition, and Forestry. that was created under the Alaska Na- nity-oriented policing, improving pub- EC–458. A communication from the Admin- tive Claims Settlement Act. As one of lic safety within the State of New istrator, Agricultural Marketing Service, the original incorporators of Sealaska Hampshire, and promoting sound pub- Department of Agriculture, transmitting, Corporation, he was the only board lic policies and practices, which have pursuant to law, the report of a rule entitled member to serve continuously from the helped keep New Hampshire one of the ‘‘Marketing Order Regulating the Handling time Sealaska was founded. He also safest States in the Nation. Chief Alex- of Spearmint Oil Produced in the Far West; served on the board of directors for ander has worked tirelessly with his Change to Administrative Rules Regarding Sealaska Timber Corporation and the Transfer and Storage of Excess Spear- peers and with other public safety offi- mint Oil’’ (Docket No. AMS–FV–12–0014; served as the chairman of the Sealaska cials to better the administration of FV12–985–2 FR) received during adjournment Heritage Institute’s Council of Tradi- justice. He is well known for his col- of the Senate in the Office of the President tional Scholars. But many saw him as laboration with local, county, State, of the Senate on February 21, 2013; to the an ambassador to the community. He and Federal law enforcement agencies. Committee on Agriculture, Nutrition, and was a gentle man adept at using humor He was recognized in 2007 with the Forestry. to reach people. In his capacity on the Community Health Leadership Award, EC–459. A communication from the Under board, he represented Sealaska at fu- Secretary of Defense (Policy), transmitting, and in 2009 he received recognition for pursuant to law, a report relative to Depart- nerals, celebrations, and many other his extraordinary commitment and ment of Defense counternarcotics support community events. contributions to the Grafton County activities (OSS Control No. 2013–0256); to the Clarence was born in Kake, AK, on Drug Court Program. Under his leader- Committee on Armed Services. May 24, 1934. He lived there most of his ship, the Lebanon, NH, Police Depart- EC–460. A communication from the Direc- life, attending Sheldon Jackson School ment was cited for the extraordinary tor of Defense Procurement and Acquisition in Sitka. He continued on to Sheldon Policy, Department of Defense, transmit- assistance provided to the U.S. Mar- ting, pursuant to law, the report of a rule en- Jackson College in 1954. Growing up shals Service in helping to successfully immersed in his Tlingit community al- titled ‘‘Defense Federal Acquisition Regula- end a dangerous 9-month-long standoff tion Supplement; Alleged Crimes By or lowed him to become a very articulate with convicted antigovernment activ- Against Contractor Personnel’’ ((RIN0750– orator. He excelled through his teach- ists. AH57) (DFARS Case 2012–D006)) received dur- ings of the Tlingit culture. After col- As Chief Alexander celebrates his re- ing adjournment of the Senate in the Office lege, Clarence moved back to Kake, tirement, I commend him on a job well of the President of the Senate on February where he became a fisherman and oper- 21, 2013; to the Committee on Armed Serv- done. I ask my colleagues to join me in ices. ated a small store. wishing him, his wife Deb, and their In the 1960’s, Clarence became a dele- EC–461. A communication from the Direc- adult children, Nick and Jacqui, well in gate to the Central Council of Tlingit tor of Defense Procurement and Acquisition all future endeavors.∑ Policy, Department of Defense, transmit- and Haida Indians in the Alaska Native ting, pursuant to law, the report of a rule en- f claims movement. He served as this titled ‘‘Defense Federal Acquisition Regula- council’s president from 1972 through MESSAGES FROM THE PRESIDENT tion Supplement; Electronic Subcontracting 1976. Reporting System’’ ((RIN0750–AG40) (DFARS Clarence also advocated for the im- Messages from the President of the Case 2009–D002)) received during adjournment portance of preserving the cultural val- United States were communicated to of the Senate in the Office of the President ues of all Native people and eloquently the Senate by Mrs. Neiman, one of his of the Senate on February 21, 2013; to the spoke to this at Celebration 2012 in Ju- secretaries. Committee on Armed Services. EC–462. A communication from the Direc- neau. f tor of Defense Procurement and Acquisition Clarence positively impacted the EXECUTIVE MESSAGES REFERRED Policy, Department of Defense, transmit- lives of everyone he met. He accom- ting, pursuant to law, the report of a rule en- plished a great deal for his Native peo- As in executive session the Presiding titled ‘‘Defense Federal Acquisition Regula- ple, and he was blessed with a truly Officer laid before the Senate messages tion Supplement; Acquisition of Tents and wonderful family. Thanks to modern from the President of the United Other Temporary Structures’’ ((RIN0750– technology, his stories and life experi- States submitting sundry nominations AH73) (DFARS Case 2012–D015)) received dur- ences will live on for eternity. which were referred to the appropriate ing adjournment of the Senate in the Office On behalf of the Senate I extend con- committees. of the President of the Senate on February 21, 2013; to the Committee on Armed Serv- dolences to Clarence’s family, his wife (The messages received today are ices. of 58 years, Gertrude Louise ‘‘Lidda’’ printed at the end of the Senate pro- EC–463. A communication from the Assist- Paddock, and the Tlingit people of ceedings.) ant Director, Executive and Political Per- Southeast Alaska. His life has been ap- f sonnel, Department of Defense, transmit- propriately honored with a ceremony ting, (15) reports relative to vacancies in the at Elizabeth Peratrovich Hall, in Ju- MEASURES PLACED ON THE Department of Defense, received during ad- neau, AK.∑ CALENDAR journment of the Senate in the Office of the President of the Senate on February 21, 2013; f The following bill was read twice and to the Committee on Armed Services. TRIBUTE TO JIM ALEXANDER placed on the calendar pursuant to the EC–464. A communication from the Assist- order of February 14, 2013, as modified ant Director, Executive and Political Per- ∑ Ms. AYOTTE. Mr. President, today I on February 26, 2013: sonnel, Department of Defense, transmit- rise to recognize and congratulate chief S. 16. A bill to provide for a sequester re- ting, a report relative to a vacancy in the Department of the Air Force, received during of police M. James ‘‘Jim’’ Alexander, placement. Jr., of the Lebanon New Hampshire Po- adjournment of the Senate in the Office of lice Department for his more than 26 f the President of the Senate on February 21, 2013; to the Committee on Armed Services. years of dedicated law enforcement EXECUTIVE AND OTHER EC–465. A communication from the Assist- service to our State and Nation. COMMUNICATIONS ant Director, Executive and Political Per- The Chief began his law enforcement The following communications were sonnel, Department of Defense, transmit- career as a police officer with the laid before the Senate, together with ting, (2) reports relative to vacancies in the Brattleboro, VT, Police Department in accompanying papers, reports, and doc- Department of the Army, received during ad- 1987. Chief Alexander then joined the journment of the Senate in the Office of the Lebanon New Hampshire Police De- uments, and were referred as indicated: President of the Senate on February 21, 2013; partment in 1990 as a patrol officer. He EC–457. A communication from the Admin- to the Committee on Armed Services. was promoted to patrol supervisor in istrator, Agricultural Marketing Service, EC–466. A communication from the Assist- Department of Agriculture, transmitting, ant Director, Executive and Political Per- 1991, sergeant in 1996, lieutenant in pursuant to law, the report of a rule entitled sonnel, Department of Defense, transmit- 1999, captain in 2002, and deputy chief ‘‘Tomatoes Grown in Florida; Decreased As- ting, a report relative to a vacancy in the in 2004. Jim was appointed Lebanon’s sessment Rate’’ (Docket No. AMS–FV–12– Department of the Navy, received during ad- chief of police on March 1, 2006. 0051; FV12–966–1 IR) received during adjourn- journment of the Senate in the Office of the

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G27FE6.053 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S942 CONGRESSIONAL RECORD — SENATE February 27, 2013 President of the Senate on February 21, 2013; to the Committee on Energy and Natural Re- (FRL No. 9780–8) received in the Office of the to the Committee on Armed Services. sources. President of the Senate on February 12, 2013; EC–467. A communication from the Presi- EC–478. A communication from the Prin- to the Committee on Environment and Pub- dent of the United States, transmitting, pur- cipal Deputy Assistant Secretary for Fish lic Works. suant to law, a report relative to the con- and Wildlife and Parks, National Park Serv- EC–487. A communication from the Direc- tinuation of the national emergency that ice, Department of the Interior, transmit- tor of the Regulatory Management Division, was declared with respect to the Government ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- of Cuba’s destruction of two unarmed U.S.- titled ‘‘Special Regulations; Areas of the Na- ting, pursuant to law, the report of a rule en- registered civilian aircraft; to the Com- tional Park System, Sleeping Bear Dunes titled ‘‘Protections for Subjects in Human mittee on Banking, Housing, and Urban Af- National Lakeshore, Bicycling’’ (RIN1024– Research Involving Pesticides’’ (FRL No. fairs. AE11) received during adjournment of the 9353–4) received in the Office of the President EC–468. A communication from the Sec- Senate in the Office of the President of the of the Senate on February 12, 2013; to the retary of the Treasury, transmitting, pursu- Senate on February 15, 2013; to the Com- Committee on Environment and Public ant to law, a six-month periodic report on mittee on Energy and Natural Resources. Works. the national emergency with respect to Iran EC–479. A communication from the Direc- EC–488. A communication from the Direc- as declared in Executive Order 12957; to the tor, Office of Surface Mining, Department of tor of the Regulatory Management Division, Committee on Banking, Housing, and Urban the Interior, transmitting, pursuant to law, Environmental Protection Agency, transmit- Affairs. the report of a rule entitled ‘‘Texas Regu- ting, pursuant to law, the report of a rule en- EC–469. A communication from the Chair- latory Program’’ (Docket No. TX–065–FOR) titled ‘‘Air Quality: Revision to Definition of man and President of the Export-Import received in the Office of the President of the Volatile Organic Compounds—Exclusion of a Bank, transmitting, pursuant to law, a re- Senate on February 13, 2013; to the Com- Group of Four Hydrofluoropolyethers port relative to a transaction involving U.S. mittee on Energy and Natural Resources. (HFPEs)’’ (FRL No. 9779–3) received in the exports to the United Arab Emirates; to the EC–480. A communication from the Direc- Office of the President of the Senate on Feb- Committee on Banking, Housing, and Urban tor, Office of Surface Mining, Department of ruary 12, 2013; to the Committee on Environ- Affairs. the Interior, transmitting, pursuant to law, ment and Public Works. EC–470. A communication from the Chair- the report of a rule entitled ‘‘Alabama Regu- EC–489. A communication from the Direc- man of the Board of Governors, Federal Re- latory Program’’ (Docket No. AL–077–FOR) tor of the Regulatory Management Division, serve System, transmitting, pursuant to law, received in the Office of the President of the Environmental Protection Agency, transmit- the Board’s semiannual Monetary Policy Re- Senate on February 13, 2013; to the Com- ting, pursuant to law, the report of a rule en- port to Congress; to the Committee on Bank- mittee on Energy and Natural Resources. titled ‘‘Interim Final Determination to Stay ing, Housing, and Urban Affairs. EC–481. A communication from the Sec- and Defer Sanctions, Sacramento Metropoli- EC–471. A communication from the Regu- retary of Transportation, transmitting, pur- tan Air Quality Management District’’ (FRL latory Specialist, Office of the Comptroller suant to law, the Department’s annual re- No. 9777–8) received in the Office of the Presi- of the Currency, Department of the Treas- port on the administration of the Surface dent of the Senate on February 12, 2013; to ury, transmitting, pursuant to law, the re- Transportation Project Delivery Pilot Pro- the Committee on Environment and Public port of a rule entitled ‘‘Appraisals for High- gram; to the Committee on Environment and Works. er-Priced Mortgage Loans’’ (RIN1557–AD62) Public Works. EC–490. A communication from the Direc- received during adjournment of the Senate EC–482. A communication from the Direc- tor of the Regulatory Management Division, in the Office of the President of the Senate tor, Office of Congressional Affairs, Nuclear Environmental Protection Agency, transmit- on February 19, 2013; to the Committee on Regulatory Agency, transmitting, pursuant ting, pursuant to law, the report of a rule en- Banking, Housing, and Urban Affairs. to law, the report of a rule entitled ‘‘Addi- titled ‘‘Approval and Promulgation of Imple- EC–472. A communication from the Asso- tion of South Sudan to the Restricted Des- mentation Plans; State of Hawaii; Update to ciate General Counsel for Legislation and tinations List’’ (RIN3150–AJ21) received in Materials Incorporated by Reference’’ (FRL Regulations, Office of Fair Housing and the Office of the President of the Senate on No. 9712–2) received in the Office of the Presi- Equal Opportunity, Department of Housing February 13, 2013; to the Committee on Envi- dent of the Senate on February 14, 2013; to and Urban Development, transmitting, pur- ronment and Public Works. the Committee on Environment and Public suant to law, the report of a rule entitled EC–483. A communication from the Direc- Works. ‘‘Implementation of the Fair Housing Act’s tor of Congressional Affairs, Nuclear Reactor EC–491. A communication from the Direc- Discriminatory Effects Standard’’ (RIN2529– Regulation, Nuclear Regulatory Commis- tor of the Regulatory Management Division, AA96) received during adjournment of the sion, transmitting, pursuant to law, the re- Environmental Protection Agency, transmit- Senate in the Office of the President of the port of a rule entitled ‘‘Seismic Evaluation ting, pursuant to law, the report of a rule en- Senate on February 22, 2013; to the Com- Guidance, Screening, Prioritization, and Im- titled ‘‘Approval and Promulgation of Imple- mittee on Banking, Housing, and Urban Af- plementation Details (SPID) for the Resolu- mentation Plans; State of Kansas; Idle Re- fairs. tion of Fukushima Near-Term Task Force duction of Heavy-Duty Diesel Vehicles and EC–473. A communication from the Acting Recommendation 2.1: Seismic’’ received dur- Reduction of Nitrogen Oxides (NOx) Emis- Assistant Secretary, Legislative Affairs, De- ing adjournment of the Senate in the Office sions for the Kansas City Ozone Maintenance partment of State, transmitting, pursuant to of the President of the Senate on February Area’’ (FRL No. 9781–5) received in the Office law, a report relative to the Department’s 22, 2013; to the Committee on Environment of the President of the Senate on February Alternative Fuel Vehicle (AFV) program for and Public Works. 14, 2013; to the Committee on Environment fiscal year 2012; to the Committee on Energy EC–484. A communication from the Direc- and Public Works. and Natural Resources. tor of the Regulatory Management Division, EC–492. A communication from the Direc- EC–474. A communication from the Chair- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, man of the Federal Energy Regulatory Com- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- mission, transmitting, pursuant to law, a re- titled ‘‘Air Quality: Revision to Definition of ting, pursuant to law, the report of a rule en- port relative to the status of all extensions Volatile Organic Compounds—Exclusion of titled ‘‘Approval and Promulgation of Imple- granted by Congress regarding the require- trans 1-chloro-3,3,3-trifluoroprop-1-ene [Sol- mentation Plans; Tennessee; Knox County ments of Section 13 of the Federal Power stice 1233zd(E)]’’ (FRL No. 9779–5) received in Supplement Motor Vehicle Emissions Budget Act; to the Committee on Energy and Nat- the Office of the President of the Senate on Update’’ (FRL No. 9782–1) received in the Of- ural Resources. February 12, 2013; to the Committee on Envi- fice of the President of the Senate on Feb- EC–475. A communication from the Sec- ronment and Public Works. ruary 14, 2013; to the Committee on Environ- retary of Energy, transmitting, pursuant to EC–485. A communication from the Direc- ment and Public Works. law, a report entitled ‘‘Independent Over- tor of the Regulatory Management Division, EC–493. A communication from the Direc- sight Activities of the Department of Ener- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, gy’s Office of Health, Safety and Security for ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Fiscal Year 2012’’; to the Committee on En- titled ‘‘Approval and Promulgation of Imple- ting, pursuant to law, the report of a rule en- ergy and Natural Resources. mentation Plans; State of Alaska; Regional titled ‘‘Approval and Promulgation of Imple- EC–476. A communication from the Assist- Haze State Implementation Plan’’ (FRL No. mentation Plans; State of Missouri; Restric- ant Secretary of Energy (Energy Efficiency 9756–8) received in the Office of the President tion of Emission of Particulate Matter from and Renewable Energy), transmitting, pursu- of the Senate on February 12, 2013; to the Industrial Processes’’ (FRL No. 9781–7) re- ant to law, the semi-annual Implementation Committee on Environment and Public ceived in the Office of the President of the Report on Energy Conservation Standards Works. Senate on February 14, 2013; to the Com- Activities of the Department of Energy; to EC–486. A communication from the Direc- mittee on Environment and Public Works. the Committee on Energy and Natural Re- tor of the Regulatory Management Division, EC–494. A communication from the Direc- sources. Environmental Protection Agency, transmit- tor of the Regulatory Management Division, EC–477. A communication from the Sec- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- retary of the Interior, transmitting, pursu- titled ‘‘Approval and Promulgation of Imple- ting, pursuant to law, the report of a rule en- ant to law, the annual report related to the mentation Plans; Tennessee: Revisions to titled ‘‘Greenhouse Gas Reporting Rule: Re- Colorado River System Reservoirs for 2013; Volatile Organic Compound Definition’’ vision to Best Available Monitoring Method

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.008 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S943 Request Submission Deadline for Petroleum No. 9782–8) received during adjournment of By Mr. CORNYN (for himself, Mr. and Natural Gas Systems Source Category’’ the Senate in the Office of the President of COBURN, Mr. ROBERTS, Mr. LEE, Mr. (FRL No. 9780–3) received in the Office of the the Senate on February 22, 2013; to the Com- ENZI, Mr. BOOZMAN, Mr. FLAKE, Ms. President of the Senate on February 14, 2013; mittee on Environment and Public Works. MURKOWSKI, Mr. VITTER, Mr. INHOFE, to the Committee on Environment and Pub- EC–502. A communication from the Direc- Mr. BARRASSO, Mr. WICKER, Mr. lic Works. tor of the Regulatory Management Division, HATCH, and Mrs. FISCHER): EC–495. A communication from the Direc- Environmental Protection Agency, transmit- S. 19. A bill to amend the Endangered Spe- tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- cies Act of 1973 to establish a procedure for Environmental Protection Agency, transmit- titled ‘‘Outer Continental Shelf Air Regula- approval of certain settlements; to the Com- ting, pursuant to law, the report of a rule en- tions Consistency Update for California’’ mittee on Environment and Public Works. titled ‘‘Approval and Promulgation of Air (FRL No. 9773–9) received during adjourn- By Mr. VITTER (for himself, Mr. Quality Implementation Plans; Ohio; PBR ment of the Senate in the Office of the Presi- CRAPO, Mr. MCCONNELL, Mr. PAUL, and PTIO’’ (FRL No. 9771–8) received in the dent of the Senate on February 22, 2013; to Mr. JOHANNS, Mr. BOOZMAN, Mr. Office of the President of the Senate on Feb- the Committee on Environment and Public FLAKE, Mr. COBURN, Mr. BLUNT, Mr. ruary 14, 2013; to the Committee on Environ- Works. SHELBY, Mr. HELLER, Mr. TOOMEY, ment and Public Works. EC–503. A communication from the Assist- Mr. LEE, Mr. CHAMBLISS, Mr. CRUZ, EC–496. A communication from the Direc- ant Secretary, Bureau of Political-Military Mr. ALEXANDER, Mr. INHOFE, Mr. COR- tor of the Regulatory Management Division, Affairs, Department of State, transmitting, NYN, Mr. RISCH, and Mr. ISAKSON): Environmental Protection Agency, transmit- pursuant to law, an addendum to a certifi- S. 20. A bill to repeal the Dodd-Frank Wall ting, pursuant to law, the report of a rule en- cation, transmittal number: DDTC 13–005, of Street Reform and Consumer Protection Act; titled ‘‘Findings of Failure to Submit a Com- the proposed sale or export of defense arti- to the Committee on Finance. plete State Implementation Plan for Section cles and/or defense services to a Middle East By Mrs. MURRAY (for herself, Ms. MI- 110(a) Pertaining to the 2008 Lead National country regarding any possible affects such a KULSKI, Mr. BEGICH, and Ms. HIRONO): Ambient Air Quality Standards’’ (FRL No. sale might have relating to Israel’s Quali- S. 390. A bill to amend the Child Care and 9784–6) received during adjournment of the tative Military Edge over military threats to Development Block Grant Act of 1990 to au- Senate in the Office of the President of the Israel; to the Committee on Foreign Rela- thorize a national toll-free referral line and Senate on February 22, 2013; to the Com- tions. website, to develop and disseminate child mittee on Environment and Public Works. EC–504. A communication from the Assist- care consumer education information for EC–497. A communication from the Direc- ant Secretary, Bureau of Political-Military parents and to help parents access child care tor of the Regulatory Management Division, Affairs, Department of State, transmitting, in their community, and for other purposes; Environmental Protection Agency, transmit- pursuant to law, an addendum to a certifi- to the Committee on Health, Education, ting, pursuant to law, the report of a rule en- cation, transmittal number: DDTC 13–004, of Labor, and Pensions. titled ‘‘Approval and Promulgation of Air the proposed sale or export of defense arti- By Mr. BAUCUS (for himself and Mr. Quality Implementation Plans; Maryland; cles and/or defense services to a Middle East HATCH): Deferral for CO2 Emissions from Bioenergy country regarding any possible affects such a S. 391. A bill to amend the Internal Rev- and other Biogenic Sources Under the Pre- sale might have relating to Israel’s Quali- enue Code of 1986 to include vaccines against vention of Significant Deterioration Pro- tative Military Edge over military threats to seasonal influenza within the definition of gram’’ (FRL No. 9783–9) received during ad- Israel; to the Committee on Foreign Rela- taxable vaccines; to the Committee on Fi- journment of the Senate in the Office of the tions. nance. President of the Senate on February 22, 2013; f By Mr. UDALL of New Mexico: to the Committee on Environment and Pub- S. 392. A bill to support and encourage the lic Works. REPORTS OF COMMITTEES EC–498. A communication from the Direc- health and well-being of elementary school tor of the Regulatory Management Division, The following reports of committees and secondary school students by enhancing Environmental Protection Agency, transmit- were submitted: school physical education and health edu- ting, pursuant to law, the report of a rule en- By Mr. BAUCUS, from the Committee on cation; to the Committee on Health, Edu- titled ‘‘Approval and Promulgation of Air Finance, without amendment: cation, Labor, and Pensions. Quality Implementation Plans; Delaware; S. Res. 59. An original resolution author- By Mr. COONS (for himself and Mr. Prevention of Significant Deterioration; izing expenditures by the Committee on Fi- CARPER): Greenhouse Gas Permitting Authority and nance. S. 393. A bill to designate additional seg- ments and tributaries of White Clay Creek, Tailoring Rule Revision’’ (FRL No. 9783–7) f received during adjournment of the Senate in the States of Delaware and Pennsylvania, in the Office of the President of the Senate INTRODUCTION OF BILLS AND as a component of the National Wild and on February 22, 2013; to the Committee on JOINT RESOLUTIONS Scenic Rivers System; to the Committee on Environment and Public Works. Energy and Natural Resources. The following bills and joint resolu- By Ms. KLOBUCHAR (for herself, Mr. EC–499. A communication from the Direc- tions were introduced, read the first tor of the Regulatory Management Division, GRAHAM, Mr. SCHUMER, and Mr. Environmental Protection Agency, transmit- and second times by unanimous con- HOEVEN): ting, pursuant to law, the report of a rule en- sent, and referred as indicated: S. 394. A bill to prohibit and deter the theft titled ‘‘Approval and Promulgation of Imple- By Mr. INHOFE (for himself and Mr. of metal, and for other purposes; to the Com- mentation Plans; Tennessee; Revisions to TOOMEY): mittee on the Judiciary. the Knox County Portion of the Tennessee S. 16. A bill to provide for a sequester re- By Mr. DURBIN (for himself, Mr. VIT- State Implementation Plan’’ (FRL No. 9785– placement; placed on the calendar. TER, Mr. BLUMENTHAL, Mrs. BOXER, 5) received during adjournment of the Senate By Mr. VITTER (for himself, Mr. BAR- Mr. CARDIN, Ms. COLLINS, Mrs. GILLI- in the Office of the President of the Senate RASSO, Mr. BLUNT, Mr. CHAMBLISS, BRAND, Ms. LANDRIEU, Mr. MENENDEZ, on February 22, 2013; to the Committee on Mr. COATS, Mr. COCHRAN, Mr. COR- Mr. MERKLEY, Mr. UDALL of Colorado, Environment and Public Works. NYN, Mr. CRAPO, Mr. CRUZ, Mr. ENZI, and Mr. WYDEN): EC–500. A communication from the Direc- Mr. HELLER, Mr. HOEVEN, Mr. INHOFE, S. 395. A bill to amend the Animal Welfare tor of the Regulatory Management Division, Mr. ISAKSON, Mr. JOHNSON of Wis- Act to provide further protection for pup- Environmental Protection Agency, transmit- consin, Mr. RISCH, Mr. SHELBY, Mr. pies; to the Committee on Agriculture, Nu- ting, pursuant to law, the report of a rule en- TOOMEY, Mr. WICKER, Mr. SESSIONS, trition, and Forestry. titled ‘‘Approval and Promulgation of Air Mr. LEE, and Mr. JOHANNS): By Mr. LAUTENBERG (for himself and Quality Implementation Plans; Pennsyl- S. 17. A bill to stimulate the economy, Mr. WHITEHOUSE): vania; Revision to Allegheny County Regula- produce domestic energy, and create jobs at S. 396. A bill to amend the Federal Water tions for Prevention of Significant Deterio- no cost to the taxpayers, and without bor- Pollution Control Act to ensure that sewage ration’’ (FRL No. 9783–8) received during ad- rowing money from foreign governments for treatment plants monitor for and report dis- journment of the Senate in the Office of the which our children and grandchildren will be charges of raw sewage, and for other pur- President of the Senate on February 22, 2013; responsible, and for other purposes; to the poses; to the Committee on Environment and to the Committee on Environment and Pub- Committee on Energy and Natural Re- Public Works. lic Works. sources. By Mr. NELSON (for himself, Ms. COL- EC–501. A communication from the Direc- By Ms. AYOTTE (for herself, Mr. LINS, Mrs. GILLIBRAND, and Mr. SCHU- tor of the Regulatory Management Division, MCCAIN, Mr. GRAHAM, and Mr. MER): Environmental Protection Agency, transmit- INHOFE): S. 397. A bill to posthumously award a Con- ting, pursuant to law, the report of a rule en- S. 18. A bill to amend the Balanced Budget gressional Gold Medal to Lena Horne in rec- titled ‘‘Approval and Promulgation of Air and Emergency Deficit Control Act of 1985 to ognition of her achievements and contribu- Quality Implementation Plans; Charlotte, replace the sequester established by the tions to American culture and the civil Raleigh/Durham and Winston Salem Carbon Budget Control Act of 2011; to the Com- rights movement; to the Committee on Monoxide Limited Maintenance Plan’’ (FRL mittee on Finance. Banking, Housing, and Urban Affairs.

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.011 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S944 CONGRESSIONAL RECORD — SENATE February 27, 2013 By Ms. COLLINS (for herself, Ms. MI- S. 172 tion and growth of new businesses, and KULSKI, Ms. MURKOWSKI, Ms. KLO- At the request of Mr. MERKLEY, the for other purposes. BUCHAR, Ms. AYOTTE, Ms. STABENOW, name of the Senator from Iowa (Mr. S. 338 Mrs. SHAHEEN, Mrs. MURRAY, Ms. HARKIN) was added as a cosponsor of S. LANDRIEU, Mrs. BOXER, and Mrs. At the request of Mr. BAUCUS, the 172, a bill to amend the Truth in Lend- FEINSTEIN): name of the Senator from Connecticut S. 398. A bill to establish the Commission ing Act to address certain issues re- (Mr. MURPHY) was added as a cosponsor to Study the Potential Creation of a Na- lated to the extension of consumer of S. 338, a bill to amend the Land and tional Women’s History Museum, and for credit, and for other purposes. Water Conservation Fund Act of 1965 to other purposes; to the Committee on Energy S. 177 provide consistent and reliable author- and Natural Resources. At the request of Mr. CRUZ, the name ity for, and for the funding of, the land By Mr. PAUL: of the Senator from North Dakota (Mr. S.J. Res. 8. A joint resolution providing for and water conservation fund to maxi- congressional disapproval under chapter 8 of HOEVEN) was added as a cosponsor of S. mize the effectiveness of the fund for title 5, United States Code, of the rule sub- 177, a bill to repeal the Patient Protec- future generations, and for other pur- mitted by the Internal Revenue Service of tion and Affordable Care Act and the poses. the Department of the Treasury relating to Health Care and Education Reconcili- S. 346 taxable medical devices; to the Committee ation Act of 2010 entirely. At the request of Mr. HELLER, the on Finance. S. 186 name of the Senator from Missouri f At the request of Mr. SHELBY, the (Mr. BLUNT) was added as a cosponsor SUBMISSION OF CONCURRENT AND name of the Senator from Maryland of S. 346, a bill to amend title 10, SENATE RESOLUTIONS (Ms. MIKULSKI) was added as a cospon- United States Code, to permit veterans sor of S. 186, a bill to award post- The following concurrent resolutions who have a service-connected, perma- humously a Congressional Gold Medal and Senate resolutions were read, and nent disability rated as total to travel to Addie Mae Collins, Denise McNair, referred (or acted upon), as indicated: on military aircraft in the same man- Carole Robertson, and Cynthia Wesley, ner and to the same extent as retired By Mr. SCHUMER (for himself and Mr. in recognition of the 50th anniversary ROBERTS): members of the Armed Forces entitled S. Res. 58. A resolution authorizing the re- of the bombing of the Sixteenth Street to such travel. porting of committee funding resolutions for Baptist Church, where the 4 little S. RES. 26 Black girls lost their lives, which the period March 1, 2013 through September At the request of Mr. MORAN, the 30, 2013; considered and agreed to. served as a catalyst for the Civil name of the Senator from Mississippi By Mr. BAUCUS: Rights Movement. (Mr. WICKER) was added as a cosponsor S. Res. 59. An original resolution author- S. 210 izing expenditures by the Committee on Fi- of S. Res. 26, a resolution recognizing At the request of Mr. HELLER, the nance; from the Committee on Finance; to that access to hospitals and other the Committee on Rules and Administration. name of the Senator from Idaho (Mr. health care providers for patients in By Mrs. BOXER (for herself, Mrs. SHA- RISCH) was added as a cosponsor of S. rural areas of the United States is es- HEEN, Mr. LAUTENBERG, Mr. BROWN, 210, a bill to amend title 18, United sential to the survival and success of and Mr. BLUMENTHAL): States Code, with respect to fraudulent communities in the United States. S. Res. 60. A resolution supporting wom- representations about having received f en’s reproductive health; to the Committee military declarations or medals. on Health, Education, Labor, and Pensions. S. 234 STATEMENTS ON INTRODUCED By Mr. REED (for himself and Ms. COL- BILLS AND JOINT RESOLUTIONS LINS): At the request of Mr. REID, the name S. Res. 61. A resolution designating March of the Senator from California (Mrs. By Mr. DURBIN (for himself, Mr. 1, 2013, as ‘‘Read Across America Day’’; con- BOXER) was added as a cosponsor of S. VITTER, Mr. BLUMENTHAL, Mrs. sidered and agreed to. 234, a bill to amend title 10, United BOXER, Mr. CARDIN, Ms. COL- By Mr. REID (for himself and Mr. States Code, to permit certain retired LINS, Mrs. GILLIBRAND, Ms. LAN- MCCONNELL): members of the uniformed services who DRIEU, Mr. MENENDEZ, Mr. S. Res. 62. A resolution to authorize the production of records by the Permanent Sub- have a service-connected disability to MERKLEY, Mr. UDALL of Colo- committee on Investigations of the Com- receive both disability compensation rado, and Mr. WYDEN): mittee on Homeland Security and Govern- from the Department of Veterans Af- S. 395. A bill to amend the Animal mental Affairs; considered and agreed to. fairs for their disability and either re- Welfare Act to provide further protec- f tired pay by reason of their years of tion for puppies; to the Committee on military service or Combat-Related Agriculture, Nutrition, and Forestry. ADDITIONAL COSPONSORS Special Compensation, and for other Mr. DURBIN. Mr. President, I ask S. 15 purposes. unanimous consent the the text of the At the request of Mr. PAUL, the name S. 296 bill be printed in the RECORD. of the Senator from Texas (Mr. CRUZ) At the request of Mr. LEAHY, the There being no objection, the text of was added as a cosponsor of S. 15, a bill names of the Senator from Washington the bill was ordered to be printed in to amend chapter 8 of title 5, United (Ms. CANTWELL), the Senator from the RECORD as follows: States Code, to provide that major Rhode Island (Mr. REED) and the Sen- S. 395 rules of the executive branch shall ator from Ohio (Mr. BROWN) were added Be it enacted by the Senate and House of Rep- have no force or effect unless a joint as cosponsors of S. 296, a bill to amend resentatives of the United States of America in resolution of approval is enacted into the Immigration and Nationality Act Congress assembled, law. to eliminate discrimination in the im- SECTION 1. SHORT TITLE. S. 146 migration laws by permitting perma- This Act may be cited as the ‘‘Puppy Uni- At the request of Mrs. BOXER, the nent partners of United States citizens form Protection and Safety Act’’. name of the Senator from Connecticut and lawful permanent residents to ob- SEC. 2. PROTECTION OF PUPPIES UNDER THE ANIMAL WELFARE ACT. (Mr. BLUMENTHAL) was added as a co- tain lawful permanent resident status (a) HIGH VOLUME RETAIL BREEDER DE- sponsor of S. 146, a bill to enhance the in the same manner as spouses of citi- FINED.—Section 2 of the Animal Welfare Act safety of America’s schools. zens and lawful permanent residents (7 U.S.C. 2132) is amended— S. 170 and to penalize immigration fraud in (1) in subsection (l), by striking ‘‘re- At the request of Ms. MURKOWSKI, the connection with permanent partner- search.’’ and inserting ‘‘research;’’; name of the Senator from Idaho (Mr. ships. (2) in subsection (n), by striking ‘‘section RISCH) was added as a cosponsor of S. S. 310 13(b); and’’ and inserting ‘‘section 13(b);’’; (3) in subsection (o), by striking ‘‘experi- 170, a bill to recognize the heritage of At the request of Mr. MORAN, the mentation.’’ and inserting ‘‘experimentation; recreational fishing, hunting, and rec- name of the Senator from Minnesota and’’; and reational shooting on Federal public (Ms. KLOBUCHAR) was added as a co- (4) by adding at the end the following: land and ensure continued opportuni- sponsor of S. 310, a bill to jump-start ‘‘(p) HIGH VOLUME RETAIL BREEDER.— ties for those activities. economic recovery through the forma- ‘‘(1) DEFINITIONS.—In this subsection:

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.014 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S945 ‘‘(A) BREEDING FEMALE DOG.—The term ‘‘(CC) is designed so that the paw of the Although Congress has made com- ‘breeding female dog’ means an intact female dog is unable to extend through or become mendable provisions for the National dog aged 4 months or older. caught in the flooring; Museum for African American History ‘‘(B) HIGH VOLUME RETAIL BREEDER.—The ‘‘(iii) is cleaned at least once each day; and Culture, the National Law Enforce- term ‘high volume retail breeder’ means a ‘‘(iv) is free of infestation by pests or person who, in commerce, for compensation vermin; and ment Museum, and the National Mu- or profit— ‘‘(v) is designed in a manner to prevent es- seum of the American Indian, there is ‘‘(i) has an ownership interest in or cus- cape of the dogs. still no institution in the capital re- tody of 1 or more breeding female dogs; and ‘‘(2) EXEMPTION.— gion dedicated to women’s role in our ‘‘(ii) sells or offers for sale, via any means ‘‘(A) IN GENERAL.—If a licensed veteri- country’s history. of conveyance (including the Internet, tele- narian determines that a dog should not ex- This National Women’s History Mu- phone, or newspaper), more than 50 of the ercise because of the health, condition, or seum Commission Act would be a good offspring of such breeding female dogs for well-being of the dog, this subsection shall step toward rectifying this oversight. use as pets in any 1-year period. not apply to that dog. The legislation is very straightforward ‘‘(2) RELATIONSHIP TO DEALERS.— ‘‘(B) DOCUMENTATION.—A determination de- and would simply establish a commis- ‘‘(A) IN GENERAL.—For purposes of this scribed in subparagraph (A) shall be— Act, a high volume retail breeder shall be ‘‘(i) documented by the veterinarian; sion, similar to what was done for the considered to be a dealer and subject to all ‘‘(ii) subject to review and approval by the African American History and Culture provisions of this Act applicable to a dealer. Secretary; and Museum, to develop a feasible plan for ‘‘(B) EXCEPTION.—The retail pet store ex- ‘‘(iii) unless the basis for the determina- the establishment of such a museum in emption in subsection (f)(i) shall not apply tion is a permanent condition, reviewed and here in Washington, D.C. However, un- to a high volume retail breeder.’’. updated at least once every 30 days by the like previous museum commissions, (b) LICENSES.—Section 3 of the Animal veterinarian. taxpayers will not shoulder the funding Welfare Act (7 U.S.C. 2133) is amended— ‘‘(C) REPORTS.—A determination described of this project. The proposed legisla- (1) by striking ‘‘The Secretary’’ and insert- in subparagraph (A) shall be maintained by tion calls for the commission to fund ing ‘‘(a) IN GENERAL.—The Secretary’’; the dealer.’’. (2) in subsection (a) (as so designated), in its own costs. SEC. 3. REGULATIONS. A museum dedicated to women’s his- the second proviso of the first sentence, by Not later than 1 year after the date of en- inserting ‘‘(other than a high volume retail actment of this Act, the Secretary of Agri- tory would help ensure that future gen- breeder)’’ after ‘‘any retail pet store or other culture shall promulgate any regulations erations understand what we owe to person’’; and that the Secretary determines to be nec- the many generations of American (3) by adding at the end the following: essary to implement this Act and the amend- women who have helped build, sustain, ‘‘(b) DEALERS.—A dealer (including a high ments made by this Act. and advance our society. These key volume retail breeder) applying for a license SEC. 4. EFFECT ON STATE LAW. moments in history deserve a museum, under subsection (a) (including annual re- Nothing in this Act or the amendments which would present the stories of pio- newals) shall include on the license applica- made by this Act preempt any law (including neering women like abolitionist Har- tion the total number of dogs exempted from a regulation) of a State, or a political sub- riet Tubman, founder of the Girl exercise on the premises of the dealer in the division of a State, containing requirements preceding year by a licensed veterinarian Scouts Juliette Gordon Low, Supreme that provide equivalent or greater protection Court Justice Sandra Day O’Connor, under section 13(j)(2).’’. for animals than the requirements of this (c) EXERCISE REQUIREMENTS.—Section 13 of Act or the amendments made by this Act. astronaut Sally Ride, and Maine Sen- the Animal Welfare Act (7 U.S.C. 2143) is ator Margaret Chase Smith. amended— By Ms. COLLINS (for herself, Ms. Of special pride to the State of Maine (1) by redesignating subsections (g) and (h) MIKULSKI, Ms. MURKOWSKI, Ms. is a legendary predecessor in the Sen- as subsections (h) and (i), respectively; KLOBUCHAR, Ms. AYOTTE, Ms. ate seat I now hold: Margaret Chase (2) by redesignating the second subsection Smith who was the first woman nomi- (f) (as redesignated by section 1752(a)(1) of STABENOW, Mrs. SHAHEEN, Mrs. MURRAY, Ms. LANDRIEU, Mrs. nated for President of the United Public Law 99–198 (99 Stat. 1645)) as sub- States by a major political party, and section (g); and BOXER, and Mrs. FEINSTEIN): (3) by adding at the end the following: S. 398. A bill to establish the Com- the first woman elected to both houses ‘‘(j) EXERCISE REQUIREMENTS.— mission to Study the Potential Cre- of Congress. Senator Smith began rep- ‘‘(1) IN GENERAL.—Not later than 1 year ation of a National Women’s History resenting Maine in the U.S. House of after the date of enactment of this sub- Museum, and for other purposes; to the Representatives in 1940, won election section, the Secretary shall promulgate Committee on Energy and Natural Re- to the Senate in 1948, and enjoyed bi- standards covering dealers that include re- sources. partisan respect over her long career quirements for the exercise of dogs at facili- for her independence, integrity, wis- ties owned or operated by a dealer, including Ms. COLLINS. Mr. President, I rise to introduce the National Women’s dom, and courage. She remains my role exercise regulations that ensure that— model and, through the example of her ‘‘(A) each dog that is at least 12 weeks old History Museum Commission Act of (other than a female dog with unweaned pup- 2013, a bill that would create a commis- public service, an exemplar of the vir- pies) has daily access to exercise that— sion to evaluate and plan the establish- tues that would be honored in the Na- ‘‘(i) allows the dog— ment of a museum dedicated to wom- tional Women’s History Museum. ‘‘(I) to move sufficiently to develop or en’s history in our Nation’s capital Again, I urge my colleagues to sup- maintain normal muscle tone and mass as city. I appreciate the co-sponsorship of port this legislation. appropriate for the age, breed, sex, and re- Mr. President, I ask unanimous con- Senators MILKULSKI, MURKOWSKI, KLO- productive status of the dog; and sent that the text of the bill be printed BUCHAR, AYOTTE, STABENOW, SHAHEEN, ‘‘(II) the ability to achieve a running in the RECORD. stride; and MURRAY, LANDRIEU, BOXER, and FEIN- There being no objection, the text of ‘‘(ii) is not a forced activity (other than a STEIN. the bill was ordered to be printed in forced activity used for veterinary treat- American women have made invalu- the RECORD, as follows: ment) or other physical activity that is re- able contributions to our country in S. 398 petitive, restrictive of other activities, soli- such diverse fields as government, busi- Be it enacted by the Senate and House of Rep- tary, and goal-oriented; ness, medicine, law, literature, sports, ‘‘(B) the provided area for exercise— resentatives of the United States of America in ‘‘(i) is separate from the primary enclosure entertainment, the arts, and the mili- Congress assembled, if the primary enclosure does not provide tary. The need for a museum recog- SECTION 1. SHORT TITLE. sufficient space to achieve a running stride; nizing the contributions of American This Act may be cited as the ‘‘National ‘‘(ii) has flooring that— women is long overdue. Women’s History Museum Commission Act ‘‘(I) is sufficient to allow for the type of ac- In 1999, a Presidential commission on of 2013’’. tivity described in subparagraph (A); and commemorating women in American SEC. 2. DEFINITIONS. ‘‘(II)(aa) is solid flooring; or history concluded that: ‘‘Efforts to im- In this Act: ‘‘(bb) is nonsolid, nonwire flooring, if the plement an appropriate celebration of (1) COMMISSION.—The term ‘‘Commission’’ nonsolid, nonwire flooring— means the Commission to Study the Poten- ‘‘(AA) is safe for the breed, size, and age of women’s history in the next millen- tial Creation of a National Women’s History the dog; nium should include the designation of Museum established by section 3(a). ‘‘(BB) is free from protruding sharp edges; a focal point for women’s history in (2) MUSEUM.—The term ‘‘Museum’’ means and our Nation’s Capital.’’ the National Women’s History Museum.

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.017 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S946 CONGRESSIONAL RECORD — SENATE February 27, 2013 SEC. 3. ESTABLISHMENT OF COMMISSION. (F) Best practices for engaging women in sistent with the rates authorized under sub- (a) IN GENERAL.—There is established the the development and design of the Museum. chapter I of chapter 57 of title 5, United Commission to Study the Potential Creation (G) The cost of constructing, operating, States Code. of a National Women’s History Museum. and maintaining the Museum. (b) GIFTS, BEQUESTS, DEVISES.—The Com- (b) MEMBERSHIP.—The Commission shall be (3) DEADLINE.—The reports required under mission may solicit, accept, use, and dispose composed of 8 members, of whom— paragraphs (1) and (2) shall be submitted not of gifts, bequests, or devises of money, serv- (1) 2 members shall be appointed by the later than the date that is 18 months after ices, or real or personal property for the pur- majority leader of the Senate; the date of the first meeting of the Commis- pose of aiding or facilitating the work of the (2) 2 members shall be appointed by the sion. Commission. Speaker of the House of Representatives; (b) FUNDRAISING PLAN.— (c) FEDERAL ADVISORY COMMITTEE ACT.— (3) 2 members shall be appointed by the mi- (1) IN GENERAL.—The Commission shall de- The Commission shall not be subject to the nority leader of the Senate; and velop a fundraising plan to support the es- Federal Advisory Committee Act (5 U.S.C. (4) 2 members shall be appointed by the mi- tablishment and maintenance of the Museum App.). nority leader of the House of Representa- through contributions from the public. SEC. 7. TERMINATION. tives. (2) CONSIDERATIONS.—In developing the The Commission shall terminate on the (c) QUALIFICATIONS.—Members of the Com- fundraising plan under paragraph (1), the mission shall be appointed to the Commis- date that is 30 days after the date on which Commission shall consider— sion from among individuals, or representa- the final versions of the reports required (A) the role of the National Women’s His- tives of institutions or entities, who pos- under section 4(a) are submitted. tory Museum (a nonprofit, educational orga- sess— SEC. 8. FUNDING. (1)(A) a demonstrated commitment to the nization described in section 501(c)(3) of the (a) IN GENERAL.—The Commission shall be research, study, or promotion of women’s Internal Revenue Code of 1986 that was in- solely responsible for acceptance of contribu- history, art, political or economic status, or corporated in 1996 in Washington, DC, and tions for, and payment of the expenses of, culture; and dedicated for the purpose of establishing a the Commission. (B)(i) expertise in museum administration; women’s history museum) in raising funds (b) PROHIBITION.—No Federal funds may be (ii) expertise in fundraising for nonprofit for the construction of the Museum; and obligated to carry out this Act. (B) issues relating to funding the oper- or cultural institutions; f (iii) experience in the study and teaching ations and maintenance of the Museum in of women’s history at the post-secondary perpetuity. SUBMITTED RESOLUTIONS level; (c) LEGISLATION TO CARRY OUT PLAN OF AC- (iv) experience in studying the issue of the TION.—Based on the recommendations con- representation of women in art, life, history, tained in the report submitted under para- SENATE RESOLUTION 58—AUTHOR- and culture at the Smithsonian Institution; graphs (1) and (2) of subsection (a), the Com- IZING THE REPORTING OF COM- or mission shall submit for consideration to the MITTEE FUNDING RESOLUTIONS (v) extensive experience in public or elect- Committees on Transportation and Infra- structure, House Administration, Natural FOR THE PERIOD MARCH 1, 2013 ed service; THROUGH SEPTEMBER 30, 2013 (2) experience in the administration of, or Resources, and Appropriations of the House the planning for, the establishment of, muse- of Representatives and the Committees on Mr. SCHUMER (for himself and Mr. ums; or Rules and Administration, Energy and Nat- ROBERTS) submitted the following reso- (3) experience in the planning, design, or ural Resources, Environment and Public lution; which was considered and construction of museum facilities. Works, and Appropriations of the Senate rec- agreed to: (d) PROHIBITION.—No employee of the Fed- ommendations for a legislative plan of ac- eral Government may serve as a member of tion to establish and construct the Museum. S. RES. 58 the Commission. (d) NATIONAL CONFERENCE.—Not later than Resolved, That notwithstanding paragraph (e) DEADLINE FOR INITIAL APPOINTMENT.— 18 months after the date on which the initial 9 of rule XXVI of the Standing Rules of the The initial members of the Commission shall members of the Commission are appointed Senate— be appointed not later than the date that is under section 3, the Commission may, in car- (1) not later than February 26, 2013, each 90 days after the date of enactment of this rying out the duties of the Commission committee shall report 1 resolution author- Act. under this section, convene a national con- izing the committee to make expenditures (f) VACANCIES.—A vacancy in the Commis- ference relating to the Museum, to be com- out of the contingent fund of the Senate to sion–– prised of individuals committed to the ad- defray its expenses, including the compensa- (1) shall not affect the powers of the Com- vancement of the life, art, history, and cul- tion of members of its staff, for the period mission; and ture of women. March 1, 2013 through September 30, 2013; and (2) shall be filled in the same manner as SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (2) the Committee on Rules and Adminis- the original appointment was made. (a) DIRECTOR AND STAFF.— tration may report 1 authorization resolu- (g) CHAIRPERSON.—The Commission shall, tion containing more than 1 committee au- by majority vote of all of the members, se- (1) IN GENERAL.—The Commission may em- ploy and compensate an executive director thorization resolution for the period March lect 1 member of the Commission to serve as 1, 2013 through September 30, 2013. the Chairperson of the Commission. and any other additional personnel that are necessary to enable the Commission to per- SEC. 4. DUTIES OF THE COMMISSION. f form the duties of the Commission. (a) REPORTS.— (2) RATES OF PAY.—Rates of pay for persons SENATE RESOLUTION 59—AUTHOR- (1) PLAN OF ACTION.—The Commission shall employed under paragraph (1) shall be con- IZING EXPENDITURES BY THE submit to the President and Congress a re- COMMITTEE ON FINANCE port containing the recommendations of the sistent with the rates of pay allowed for em- Commission with respect to a plan of action ployees of a temporary organization under Mr. BAUCUS submitted the following for the establishment and maintenance of a section 3161 of title 5, United States Code. resolution; which was referred from the National Women’s History Museum in Wash- (b) NOT FEDERAL EMPLOYMENT.—Any indi- vidual employed under this Act shall not be Committee on Finance; to the Com- ington, DC. mittee on Rules and Administration: (2) REPORT ON ISSUES.—The Commission considered a Federal employee for the pur- shall submit to the President and Congress a pose of any law governing Federal employ- S. RES. 59 report that addresses the following issues: ment. Resolved, That, in carrying out its powers, (A) The availability and cost of collections (c) TECHNICAL ASSISTANCE.— duties, and functions under the Standing to be acquired and housed in the Museum. (1) IN GENERAL.—Subject to paragraph (2), Rules of the Senate, in accordance with its (B) The impact of the Museum on regional on request of the Commission, the head of a jurisdiction under rule XXV of such rules, in- women history-related museums. Federal agency may provide technical assist- cluding holding hearings, reporting such (C) Potential locations for the Museum in ance to the Commission. hearings, and making investigations as au- Washington, DC, and its environs (including (2) PROHIBITION.—No Federal employees thorized by paragraphs 1 and 8 of rule XXVI the location located on public land bounded may be detailed to the Commission. of the Standing Rules of the Senate, the by Independence Avenue SW., 14th Street SEC. 6. ADMINISTRATIVE PROVISIONS. Committee on Finance is authorized from SW., 15th Street SW., and Jefferson Drive (a) COMPENSATION.— March 1, 2013, through September 30, 2013, in SW., in Washington, DC, that is established (1) IN GENERAL.—A member of the Commis- its discretion (1) to make expenditures from subject to chapter 89 of title 40, United sion— the contingent fund of the Senate, (2) to em- States Code (commonly known as the ‘‘Com- (A) shall not be considered to be a Federal ploy personnel, and (3) with the prior con- memorative Works Act’’)). employee for any purpose by reason of serv- sent of the Government department or agen- (D) Whether the Museum should be part of ice on the Commission; and cy concerned and the Committee on Rules the Smithsonian Institution. (B) shall serve without pay. and Administration, to use on a reimburs- (E) The governance and organizational (2) TRAVEL EXPENSES.—A member of the able or non-reimbursable basis the services structure from which the Museum should op- Commission shall be allowed a per diem al- of personnel of any such department or agen- erate. lowance for travel expenses, at rates con- cy.

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.019 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S947

SEC. 2. The expenses of the committee for (1) ensure that women have access to con- land Security and Governmental Affairs con- the period March 1, 2013, through September traception, other preventive services, and ducted an investigation into offshore profit 30, 2013, under this resolution shall not ex- medically accurate information necessary to shifting and the United States tax code; ceed $4,693,751, of which amount (1) not to ex- make health care decisions; Whereas, the Subcommittee has received a ceed $17,500 may be expended for the procure- (2) ensure that the millions of women who request from a federal law enforcement agen- ment of the services of individual consult- rely on title X of the Public Health Service cy for access to records of the Subcommit- ants, or organizations thereof (as authorized Act (42 U.S.C. 300 et seq.), the Medicaid pro- tee’s investigation; by section 202(i) of the Legislative Reorga- gram under title XIX of the Social Security Whereas, by the privileges of the Senate of nization Act of 1946, as amended), and (2) not Act (42 U.S.C. 1396 et seq.), and non-profit the United States and Rule XI of the Stand- to exceed $5,833 may be expended for the providers like Planned Parenthood continue ing Rules of the Senate, no evidence under training of the professional staff of such to get cancer screenings, birth control, and the control or in the possession of the Senate committee (under procedures specified by other essential health care services; can, by administrative or judicial process, be section 202(j) of the Legislative Reorganiza- (3) ensure that women have access to af- taken from such control or possession but by tion Act of 1946). fordable insurance coverage for all preg- permission of the Senate; SEC. 3. Expenses of the committee under nancy-related health care needs; and Whereas, when it appears that evidence this resolution shall be paid from the contin- (4) reduce health disparities between men under the control or in the possession of the gent fund of the Senate upon vouchers ap- and women and among women of different Senate is needed for the promotion of jus- proved by the chairman of the committee, races, ethnicities, and sexual orientations. tice, the Senate will take such action as will except that vouchers shall not be required (1) promote the ends of justice consistent with for the disbursement of salaries of employees f paid at an annual rate, or (2) for the pay- the privileges of the Senate: Now, therefore, ment of telecommunications provided by the SENATE RESOLUTION 61—DESIG- be it Resolved, That the Chairman and Ranking Office of the Sergeant at Arms and Door- NATING MARCH 1, 2013, AS ‘‘READ Minority Member of the Permanent Sub- keeper, United States Senate, or (3) for the ACROSS AMERICA DAY’’ committee on Investigations of the Com- payment of stationery supplies purchased through the Keeper of the Stationery, United Mr. REED (for himself and Ms. COL- mittee on Homeland Security and Govern- States Senate, or (4) for payments to the LINS) submitted the following resolu- mental Affairs, acting jointly, are authorized Postmaster, United States Senate, or (5) for tion; which was considered and agreed to provide to law enforcement officials, regu- the payment of metered charges on copying to: latory agencies, and other entities or indi- equipment provided by the Office of the Ser- viduals duly authorized by federal, state, or S. RES. 61 geant at Arms and Doorkeeper, United foreign governments, records of the Sub- States Senate, or (6) for the payment of Sen- Whereas reading is a basic requirement for committee’s investigation into offshore prof- ate Recording and Photographic Services, or quality education and professional success, it shifting and the United States tax code. (7) for payment of franked and mass mail and is a source of pleasure throughout life; f costs by the Sergeant at Arms and Door- Whereas the people of the United States keeper, United States Senate. must be able to read if the United States is AUTHORITY FOR COMMITTEES TO SEC. 4. There are authorized such sums as to remain competitive in the global econ- MEET may be necessary for agency contributions omy; COMMITTEE ON AGRICULTURE, NUTRITION, AND related to the compensation of employees of Whereas Congress has placed great empha- FORESTRY the committee from March 1, 2013, through sis on reading intervention and on providing Mrs. MURRAY. Mr. President, I ask September 30, 2013, to be paid from the Ap- additional resources for reading assistance, propriations account for Expenses of Inquir- including through the programs authorized unanimous consent that the Com- ies and Investigations. by the Elementary and Secondary Education mittee on Agriculture, Nutrition, and Forestry be authorized to meet during f Act of 1965 (20 U.S.C. 6301 et seq.) and through annual appropriations for library the session of the Senate on February SENATE RESOLUTION 60—SUP- and literacy programs; and 27, 2013, at 2:30 p.m. in room of the Rus- PORTING WOMEN’S REPRODUC- Whereas more than 50 national organiza- sell Senate Office Building. TIVE HEALTH tions concerned about reading and education The PRESIDING OFFICER. Without have joined with the National Education As- Mrs. BOXER (for herself, Mrs. SHA- objection, it is so ordered. sociation to designate March 1, the day be- COMMITTEE ON COMMERCE, SCIENCE, AND HEEN, Mr. LAUTENBERG, Mr. BROWN, and fore the anniversary of the birth of Theodor TRANSPORTATION Mr. BLUMENTHAL) submitted the fol- Geisel (also known as Dr. Seuss), as a day to lowing resolution; which was referred celebrate reading: Now, therefore, be it Mrs. MURRAY. Mr. President, I ask to the Committee on Health, Edu- Resolved, That the Senate— unanimous consent that the Com- cation, Labor, and Pensions: (1) designates March 1, 2013, as ‘‘Read mittee on Commerce, Science, and S. RES. 60 Across America Day’’; Transportation be authorized to meet (2) honors Theodor Geisel, also known as Whereas access to comprehensive repro- during the session of the Senate on Dr. Seuss, for his success in encouraging ductive health care is critical to improving February 27, 2013, at 2:30 p.m. in room children to discover the joy of reading; the health and well-being of women and their 253 of the Russell Senate Office Build- (3) honors the 16th anniversary of ‘‘Read families; Across America Day’’; ing. Whereas access to affordable contracep- (4) encourages parents to read with their The Committee will hold a hearing tives and medically accurate information children for at least 30 minutes on ‘‘Read entitled, ‘‘The Power of Transparency: prevents unintended pregnancies, thereby Across America Day’’ in honor of the com- Giving Consumers the Information improving the health of women, children, mitment of the Senate to building a country They Need to Make Smart Choices in families, and society as a whole; of readers; and Whereas title X of the Public Health Serv- the Health Insurance Market.’’ (5) encourages the people of the United ice Act (42 U.S.C. 300 et seq.) and the Med- The PRESIDING OFFICER. Without States to observe ‘‘Read Across America icaid program under title XIX of the Social objection, it is so ordered. Day’’ with appropriate ceremonies and ac- Security Act (42 U.S.C. 1396 et seq.) cover COMMITTEE ON HEALTH, EDUCATION, LABOR, tivities. health care and family planning services for AND PENSIONS millions of women and men who do not have f Mrs. MURRAY. Mr. President, I ask other insurance coverage, with the Medicaid unanimous consent that the Com- SENATE RESOLUTION 62—TO AU- program alone covering 71 percent of pub- mittee on Health, Education, Labor, THORIZE THE PRODUCTION OF licly-funded family planning services and and Pensions be authorized to meet more than 40 percent of all births in the RECORDS BY THE PERMANENT during the session of the Senate to con- United States; SUBCOMMITTEE ON INVESTIGA- duct a hearing entitled ‘‘Animal Drug Whereas women need access to comprehen- TIONS OF THE COMMITTEE ON User Fee Agreements: Advancing Ani- sive, affordable insurance that covers family HOMELAND SECURITY AND GOV- mal Health for the Public Health’’ on planning services, prenatal and postnatal ERNMENTAL AFFAIRS care, miscarriage management, labor and de- February 27, 2013, at 10 a.m. in room 430 livery services, and abortion; and Mr. REID of Nevada (for himself and of the Dirksen Senate Office Building. Whereas the lack of adequate prenatal care Mr. MCCONNELL) submitted the fol- The PRESIDING OFFICER. Without increases the risks of infant and maternal lowing resolution; which was consid- objection, it is so ordered. mortality and preterm birth, which cost our ered and agreed to: COMMITTEE ON THE JUDICIARY health care system approximately $26,000,000,000 annually: Now, therefore, be it S. RES. 62 Mrs. MURRAY. Mr. President, I ask Resolved, That the Senate supports efforts Whereas, the Permanent Subcommittee on unanimous consent that the Com- to— Investigations of the Committee on Home- mittee on the Judiciary be authorized

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A27FE6.030 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S948 CONGRESSIONAL RECORD — SENATE February 27, 2013 to meet during the session of the Sen- (b) TABLE OF CONTENTS.—The table of con- on patient medical need, taking into account re- ate, on February 27, 2013, at 10 a.m., in tents of this Act is as follows: gionalized systems of care.’’; room SH–216 of the Hart Senate Office Sec. 1. Short title; table of contents. (vi) in subparagraph (E), as redesignated by clause (iv), by inserting ‘‘(which may include Buiding, to conduct a hearing entitled TITLE I—STRENGTHENING NATIONAL PRE- such dental health assets)’’ after ‘‘medical as- PAREDNESS AND RESPONSE FOR PUBLIC ‘‘Hearing on the Assault Weapons Ban sets’’; and of 2013.’’ HEALTH EMERGENCIES (vii) by adding at the end the following: The PRESIDING OFFICER. Without Sec. 101. National Health Security Strategy. ‘‘(G) Optimizing a coordinated and flexible objection, it is so ordered. Sec. 102. Assistant Secretary for Preparedness approach to the medical surge capacity of hos- COMMITTEE ON THE JUDICIARY and Response. pitals, other health care facilities, critical care, Mrs. MURRAY. Mr. President, I ask Sec. 103. National Advisory Committee on Chil- trauma care (which may include trauma cen- unanimous consent that the Com- dren and Disasters. ters), and emergency medical systems.’’; Sec. 104. Modernization of the National Dis- (C) in paragraph (4)— mittee on the Judiciary be authorized aster Medical System. (i) in subparagraph (A), by inserting ‘‘, in- to meet during the session of the Sen- Sec. 105. Continuing the role of the Department cluding the unique needs and considerations of ate, on February 27, 2013, at 2 p.m., in of Veterans Affairs. individuals with disabilities,’’ after ‘‘medical room SD–226 of the Dirksen Senate Of- TITLE II—OPTIMIZING STATE AND LOCAL needs of at-risk individuals’’; and fice Building, to conduct a hearing en- ALL-HAZARDS PREPAREDNESS AND RE- (ii) in subparagraph (B), by inserting ‘‘the’’ titled ‘‘Judicial Nominations.’’ SPONSE before ‘‘purpose of this section’’; and The PRESIDING OFFICER. Without (D) by adding at the end the following: Sec. 201. Temporary reassignment of State and ‘‘(7) COUNTERMEASURES.— objection, it is so ordered. local personnel during a public ‘‘(A) Promoting strategic initiatives to ad- COMMITTEE ON RULES AND ADMINISTRATION health emergency. vance countermeasures to diagnose, mitigate, Mrs. MURRAY. Mr. President, I ask Sec. 202. Improving State and local public prevent, or treat harm from any biological agent unanimous consent that the Com- health security. or toxin, chemical, radiological, or nuclear mittee on Rules and Administration be Sec. 203. Hospital preparedness and medical agent or agents, whether naturally occurring, authorized to meet during the session surge capacity. unintentional, or deliberate. of the Senate on February 27, 2013, at 10 Sec. 204. Enhancing situational awareness and ‘‘(B) For purposes of this paragraph, the term biosurveillance. ‘countermeasures’ has the same meaning as the a.m. Sec. 205. Eliminating duplicative Project Bio- The PRESIDING OFFICER. Without terms ‘qualified countermeasures’ under section shield reports. 319F–1, ‘qualified pandemic and epidemic prod- objection, it is so ordered. TITLE III—ENHANCING MEDICAL ucts’ under section 319F–3, and ‘security coun- SPECIAL COMMITTEE ON AGING COUNTERMEASURE REVIEW termeasures’ under section 319F–2. Mrs. MURRAY. Mr. President, I ask Sec. 301. Special protocol assessment. ‘‘(8) MEDICAL AND PUBLIC HEALTH COMMUNITY unanimous consent that the Special Sec. 302. Authorization for medical products for RESILIENCY.—Strengthening the ability of Committee on Aging be authorized to use in emergencies. States, local communities, and tribal commu- meet during the session of the Senate Sec. 303. Definitions. nities to prepare for, respond to, and be resilient on February 27, 2013, in room 106 of the Sec. 304. Enhancing medical countermeasure in the event of public health emergencies, whether naturally occurring, unintentional, or Dirksen Senate Office Building begin- activities. Sec. 305. Regulatory management plans. deliberate by— ning at 3 p.m. ‘‘(A) optimizing alignment and integration of The PRESIDING OFFICER. Without Sec. 306. Report. Sec. 307. Pediatric medical countermeasures. medical and public health preparedness and re- objection, it is so ordered. sponse planning and capabilities with and into TITLE IV—ACCELERATING MEDICAL f routine daily activities; and COUNTERMEASURE ADVANCED RE- ‘‘(B) promoting familiarity with local medical PRIVILEGES OF THE FLOOR SEARCH AND DEVELOPMENT and public health systems.’’. Mr. BAUCUS. Mr. President, I ask Sec. 401. BioShield. (b) AT-RISK INDIVIDUALS.—Section 2814 of the unanimous consent that the following Sec. 402. Biomedical Advanced Research and Public Health Service Act (42 U.S.C. 300hh–16) is staff of the Finance Committee be Development Authority. amended— Sec. 403. Strategic National Stockpile. (1) by striking paragraphs (5), (7), and (8); granted the privilege of the floor for Sec. 404. National Biodefense Science Board. (2) in paragraph (4), by striking the remainder of the 2013 calendar TITLE I—STRENGTHENING NATIONAL ‘‘2811(b)(3)(B)’’ and inserting ‘‘2802(b)(4)(B)’’; (3) by redesignating paragraphs (1) through year: Melanie Rainer, Erik Hansen, PREPAREDNESS AND RESPONSE FOR (4) as paragraphs (2) through (5), respectively; Swarna Vallurupalli, Anderson PUBLIC HEALTH EMERGENCIES Heiman, Tyler Evilsizer, Aaron Tjoa, (4) by inserting before paragraph (2) (as so re- SEC. 101. NATIONAL HEALTH SECURITY STRAT- designated), the following: Elizabeth Karan, and Peter Sokolove. EGY. ‘‘(1) monitor emerging issues and concerns as The PRESIDING OFFICER. Without (a) IN GENERAL.—Section 2802 of the Public they relate to medical and public health pre- objection, it is so ordered. Health Service Act (42 U.S.C. 300hh–1) is amend- paredness and response for at-risk individuals f ed— in the event of a public health emergency de- (1) in subsection (a)(1), by striking ‘‘2009’’ and clared by the Secretary under section 319;’’; PANDEMIC AND ALL-HAZARDS inserting ‘‘2014’’; and (5) by amending paragraph (2) (as so redesig- PREPAREDNESS REAUTHORIZA- (2) in subsection (b)— nated) to read as follows: TION ACT OF 2013 (A) in paragraph (1)(A), by inserting ‘‘, in- ‘‘(2) oversee the implementation of the pre- Mr. REID. Mr. President, I ask unan- cluding drills and exercises to ensure medical paredness goals described in section 2802(b) with imous consent that the Senate proceed surge capacity for events without notice’’ after respect to the public health and medical needs ‘‘exercises’’; and of at-risk individuals in the event of a public to Calendar No. 14, H.R. 307. (B) in paragraph (3)— health emergency, as described in section The PRESIDING OFFICER. The (i) in the matter preceding subparagraph 2802(b)(4);’’; and clerk will report the bill by title. (A)— (6) by inserting after paragraph (6), the fol- The legislative clerk read as follows: (I) by striking ‘‘facilities), and trauma care’’ lowing: A bill (H.R. 307) to reauthorize certain pro- and inserting ‘‘and ambulatory care facilities ‘‘(7) disseminate and, as appropriate, update grams under the Public Health Service Act and which may include dental health facilities), novel and best practices of outreach to and care and the Federal Food, Drug, and Cosmetic and trauma care, critical care,’’; and of at-risk individuals before, during, and fol- Act with respect to public health security (II) by inserting ‘‘(including related avail- lowing public health emergencies in as timely a and all-hazards preparedness and response, ability, accessibility, and coordination)’’ after manner as is practicable, including from the and for other purposes. ‘‘public health emergencies’’; time a public health threat is identified; and There being no objection, the Senate (ii) in subparagraph (A), by inserting ‘‘and ‘‘(8) ensure that public health and medical in- proceeded to consider the bill, which trauma’’ after ‘‘medical’’; formation distributed by the Department of had been reported from the Committee (iii) in subparagraph (B), by striking ‘‘Med- Health and Human Services during a public ical evacuation and fatality management’’ and health emergency is delivered in a manner that on Health, Education, Labor, and Pen- inserting ‘‘Fatality management’’; takes into account the range of communication sions, with an amendment to strike all (iv) by redesignating subparagraphs (C), (D), needs of the intended recipients, including at- after the enacting clause and insert in and (E) as subparagraphs (D), (E), and (F), re- risk individuals.’’. lieu thereof the following: spectively; SEC. 102. ASSISTANT SECRETARY FOR PREPARED- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (v) by inserting after subparagraph (B), the NESS AND RESPONSE. (a) SHORT TITLE.—This Act may be cited as following the new subparagraph: (a) IN GENERAL.—Section 2811 of the Public the ‘‘Pandemic and All-Hazards Preparedness ‘‘(C) Coordinated medical triage and evacu- Health Service Act (42 U.S.C. 300hh–10) is Reauthorization Act of 2013’’. ation to appropriate medical institutions based amended—

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00068 Fmt 0624 Sfmt 6333 E:\CR\FM\A27FE6.024 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S949 (1) in subsection (b)— (2) by striking subsection (c) and inserting the the adjudication (such as the award, denial of (A) in paragraph (3), by inserting ‘‘, security following: award, or solicitation termination); and countermeasures (as defined in section 319F–2),’’ ‘‘(c) FUNCTIONS.—The Assistant Secretary for ‘‘(ii) an identification of projected timelines, after ‘‘qualified countermeasures (as defined in Preparedness and Response shall— anticipated funding allocations, benchmarks, section 319F–1)’’; ‘‘(1) have lead responsibility within the De- and milestones for each medical countermeasure (B) in paragraph (4), by adding at the end the partment of Health and Human Services for priority under subparagraph (C), including pro- following: emergency preparedness and response policy co- jected needs with regard to replenishment of the ‘‘(D) POLICY COORDINATION AND STRATEGIC DI- ordination and strategic direction; Strategic National Stockpile; RECTION.—Provide integrated policy coordina- ‘‘(2) have authority over and responsibility ‘‘(E) be informed by the recommendations of tion and strategic direction with respect to all for— the National Biodefense Science Board pursuant matters related to Federal public health and ‘‘(A) the National Disaster Medical System to section 319M; medical preparedness and execution and deploy- pursuant to section 2812; ‘‘(F) evaluate progress made in meeting ment of the Federal response for public health ‘‘(B) the Hospital Preparedness Cooperative timelines, allocations, benchmarks, and mile- emergencies and incidents covered by the Na- Agreement Program pursuant to section 319C–2; stones identified under subparagraph (D)(ii); tional Response Plan developed pursuant to sec- ‘‘(C) the Biomedical Advanced Research and ‘‘(G) report on the amount of funds available tion 504(6) of the Homeland Security Act of 2002, Development Authority pursuant to section for procurement in the special reserve fund as or any successor plan, before, during, and fol- 319L; defined in section 319F–2(h) and the impact this lowing public health emergencies. ‘‘(D) the Medical Reserve Corps pursuant to funding will have on meeting the requirements ‘‘(E) IDENTIFICATION OF INEFFICIENCIES.— section 2813; under section 319F–2; Identify and minimize gaps, duplication, and ‘‘(E) the Emergency System for Advance Reg- ‘‘(H) incorporate input from Federal, State, other inefficiencies in medical and public health istration of Volunteer Health Professionals pur- local, and tribal stakeholders; preparedness and response activities and the ac- suant to section 319I; and ‘‘(I) identify the progress made in meeting the tions necessary to overcome these obstacles. ‘‘(F) administering grants and related au- medical countermeasure priorities for at-risk in- ‘‘(F) COORDINATION OF GRANTS AND AGREE- thorities related to trauma care under parts A dividuals (as defined in 2802(b)(4)(B)), as appli- MENTS.—Align and coordinate medical and pub- through C of title XII, such authority to be cable under subparagraph (C), including with lic health grants and cooperative agreements as transferred by the Secretary from the Adminis- regard to the projected needs for related stock- applicable to preparedness and response activi- trator of the Health Resources and Services Ad- piling and replenishment of the Strategic Na- ties authorized under this Act, to the extent pos- ministration to such Assistant Secretary; tional Stockpile, including by addressing the sible, including program requirements, timelines, ‘‘(3) exercise the responsibilities and authori- needs of pediatric populations with respect to and measurable goals, and in consultation with ties of the Secretary with respect to the coordi- such countermeasures and products in the Stra- the Secretary of Homeland Security, to— nation of— tegic National Stockpile, including— ‘‘(i) optimize and streamline medical and pub- ‘‘(A) the Public Health Emergency Prepared- ‘‘(i) a list of such countermeasures and prod- lic health preparedness and response capabili- ness Cooperative Agreement Program pursuant ucts necessary to address the needs of pediatric ties and the ability of local communities to re- to section 319C–1; populations; spond to public health emergencies; and ‘‘(B) the Strategic National Stockpile pursu- ‘‘(ii) a description of measures taken to co- ‘‘(ii) gather and disseminate best practices ant to section 319F–2; and ordinate with the Office of Pediatric Thera- among grant and cooperative agreement recipi- ‘‘(C) the Cities Readiness Initiative; and peutics of the Food and Drug Administration to ents, as appropriate. ‘‘(4) assume other duties as determined appro- maximize the labeling, dosages, and formula- ‘‘(G) DRILL AND OPERATIONAL EXERCISES.— priate by the Secretary.’’; and tions of such countermeasures and products for Carry out drills and operational exercises, in (3) by adding at the end the following: pediatric populations; consultation with the Department of Homeland ‘‘(d) PUBLIC HEALTH EMERGENCY MEDICAL ‘‘(iii) a description of existing gaps in the Security, the Department of Defense, the De- COUNTERMEASURES ENTERPRISE STRATEGY AND Strategic National Stockpile and the develop- partment of Veterans Affairs, and other applica- IMPLEMENTATION PLAN.— ment of such countermeasures and products to ble Federal departments and agencies, as nec- ‘‘(1) IN GENERAL.—Not later than 180 days address the needs of pediatric populations; and essary and appropriate, to identify, inform, and after the date of enactment of this subsection, ‘‘(iv) an evaluation of the progress made in address gaps in and policies related to all-haz- and every year thereafter, the Assistant Sec- addressing priorities identified pursuant to sub- ards medical and public health preparedness retary for Preparedness and Response shall de- paragraph (C); ‘‘(J) identify the use of authority and activi- and response, including exercises based on— velop and submit to the appropriate committees ties undertaken pursuant to sections 319F– ‘‘(i) identified threats for which counter- of Congress a coordinated strategy and accom- 1(b)(1), 319F–1(b)(2), 319F–1(b)(3), 319F–1(c), measures are available and for which no coun- panying implementation plan for medical coun- 319F–1(d), 319F–1(e), 319F–2(c)(7)(C)(iii), 319F– termeasures are available; and termeasures to address chemical, biological, ra- 2(c)(7)(C)(iv), and 319F–2(c)(7)(C)(v) of this Act, ‘‘(ii) unknown threats for which no counter- diological, and nuclear threats. In developing and subsections (a)(1), (b)(1), and (e) of section measures are available. such a plan, the Assistant Secretary for Pre- 564 of the Federal Food, Drug, and Cosmetic ‘‘(H) NATIONAL SECURITY PRIORITY.—On a paredness and Response shall consult with the Act, by summarizing— periodic basis consult with, as applicable and Director of the Biomedical Advanced Research ‘‘(i) the particular actions that were taken appropriate, the Assistant to the President for and Development Authority, the Director of the under the authorities specified, including, as National Security Affairs, to provide an update National Institutes of Health, the Director of applicable, the identification of the threat on, and discuss, medical and public health pre- the Centers for Disease Control and Prevention, agent, emergency, or the biomedical counter- paredness and response activities pursuant to and the Commissioner of Food and Drugs. Such measure with respect to which the authority this Act and the Federal Food, Drug, and Cos- strategy and plan shall be known as the ‘Public metic Act, including progress on the develop- was used; Health Emergency Medical Countermeasures ‘‘(ii) the reasons underlying the decision to ment, approval, clearance, and licensure of med- Enterprise Strategy and Implementation Plan’. ical countermeasures.’’; and use such authorities, including, as applicable, ‘‘(2) REQUIREMENTS.—The plan under para- the options that were considered and rejected (C) by adding at the end the following: graph (1) shall— ‘‘(7) COUNTERMEASURES BUDGET PLAN.—De- with respect to the use of such authorities; ‘‘(A) describe the chemical, biological, radio- velop, and update on an annual basis, a coordi- ‘‘(iii) the number of, nature of, and other in- logical, and nuclear agent or agents that may nated 5-year budget plan based on the medical formation concerning the persons and entities present a threat to the Nation and the cor- countermeasure priorities described in sub- that received a grant, cooperative agreement, or responding efforts to develop qualified counter- section (d). Each such plan shall— contract pursuant to the use of such authorities, ‘‘(A) include consideration of the entire med- measures (as defined in section 319F–1), security and the persons and entities that were consid- ical countermeasures enterprise, including— countermeasures (as defined in section 319F–2), ered and rejected for such a grant, cooperative ‘‘(i) basic research and advanced research and or qualified pandemic or epidemic products (as agreement, or contract, except that the report development; defined in section 319F–3) for each threat; need not disclose the identity of any such per- ‘‘(ii) approval, clearance, licensure, and au- ‘‘(B) evaluate the progress of all activities son or entity; thorized uses of products; and with respect to such countermeasures or prod- ‘‘(iv) whether, with respect to each procure- ‘‘(iii) procurement, stockpiling, maintenance, ucts, including research, advanced research, de- ment that is approved by the President under and replenishment of all products in the Stra- velopment, procurement, stockpiling, deploy- section 319F–2(c)(6), a contract was entered into tegic National Stockpile; ment, distribution, and utilization; within one year after such approval by the ‘‘(B) inform prioritization of resources and in- ‘‘(C) identify and prioritize near-, mid-, and President; and clude measurable outputs and outcomes to allow long-term needs with respect to such counter- ‘‘(v) with respect to section 319F–1(d), for the for the tracking of the progress made toward measures or products to address a chemical, bio- one-year period for which the report is sub- identified priorities; logical, radiological, and nuclear threat or mitted, the number of persons who were paid ‘‘(C) identify medical countermeasure life- threats; amounts totaling $100,000 or greater and the cycle costs to inform planning, budgeting, and ‘‘(D) identify, with respect to each category of number of persons who were paid amounts to- anticipated needs within the continuum of the threat, a summary of all awards and contracts, taling at least $50,000 but less than $100,000; and medical countermeasure enterprise consistent including advanced research and development ‘‘(K) be made publicly available. with section 319F–2; and and procurement, that includes— ‘‘(3) GAO REPORT.— ‘‘(D) be made available to the appropriate ‘‘(i) the time elapsed from the issuance of the ‘‘(A) IN GENERAL.—Not later than 1 year after committees of Congress upon request.’’; initial solicitation or request for a proposal to the date of the submission to the Congress of the

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00069 Fmt 0624 Sfmt 6333 E:\CR\FM\A27FE6.032 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S950 CONGRESSIONAL RECORD — SENATE February 27, 2013

first Public Health Emergency Medical Counter- ‘‘(d) MEMBERSHIP.— TITLE II—OPTIMIZING STATE AND LOCAL measures Enterprise Strategy and Implementa- ‘‘(1) IN GENERAL.—The Secretary, in consulta- ALL-HAZARDS PREPAREDNESS AND RE- tion Plan, the Comptroller General of the United tion with such other Secretaries as may be ap- SPONSE States shall conduct an independent evaluation, propriate, shall appoint not to exceed 15 mem- SEC. 201. TEMPORARY REASSIGNMENT OF STATE and submit to the appropriate committees of bers to the Advisory Committee. In appointing AND LOCAL PERSONNEL DURING A Congress a report, concerning such Strategy and such members, the Secretary shall ensure that PUBLIC HEALTH EMERGENCY. Implementation Plan. the total membership of the Advisory Committee Section 319 of the Public Health Service Act ‘‘(B) CONTENT.—The report described in sub- is an odd number. (42 U.S.C. 247d) is amended by adding at the paragraph (A) shall review and assess— ‘‘(2) REQUIRED MEMBERS.—The Secretary, in end the following: ‘‘(i) the near-term, mid-term, and long-term consultation with such other Secretaries as may ‘‘(e) TEMPORARY REASSIGNMENT OF STATE AND medical countermeasure needs and identified be appropriate, may appoint to the Advisory LOCAL PERSONNEL DURING A PUBLIC HEALTH priorities of the Federal Government pursuant Committee under paragraph (1) such individuals EMERGENCY.— ‘‘(1) EMERGENCY REASSIGNMENT OF FEDERALLY to paragraph (2)(C); as may be appropriate to perform the duties de- FUNDED PERSONNEL.—Notwithstanding any ‘‘(ii) the activities of the Department of scribed in subsections (b) and (c), which may in- other provision of law, and subject to paragraph Health and Human Services with respect to ad- clude— vanced research and development pursuant to (2), upon request by the Governor of a State or ‘‘(A) the Assistant Secretary for Preparedness a tribal organization or such Governor or tribal section 319L; and and Response; ‘‘(iii) the progress made toward meeting the organization’s designee, the Secretary may au- ‘‘(B) the Director of the Biomedical Advanced timelines, allocations, benchmarks, and mile- thorize the requesting State or Indian tribe to Research and Development Authority; stones identified in the Public Health Emer- temporarily reassign, for purposes of imme- gency Medical Countermeasures Enterprise ‘‘(C) the Director of the Centers for Disease diately addressing a public health emergency in Strategy and Implementation Plan under this Control and Prevention; the State or Indian tribe, State and local public subsection. ‘‘(D) the Commissioner of Food and Drugs; health department or agency personnel funded ‘‘(e) PROTECTION OF NATIONAL SECURITY.—In ‘‘(E) the Director of the National Institutes of in whole or in part through programs author- carrying out subsections (b)(7) and (d), the Sec- Health; ized under this Act, as appropriate. retary shall ensure that information and items ‘‘(F) the Assistant Secretary of the Adminis- ‘‘(2) ACTIVATION OF EMERGENCY REASSIGN- that could compromise national security, con- tration for Children and Families; MENT.— ‘‘(A) PUBLIC HEALTH EMERGENCY.—The Sec- tain confidential commercial information, or ‘‘(G) the Administrator of the Federal Emer- retary may authorize a temporary reassignment contain proprietary information are not dis- gency Management Agency; closed.’’. of personnel under paragraph (1) only during ‘‘(H) at least two non-Federal health care pro- the period of a public health emergency deter- (b) INTERAGENCY COORDINATION PLAN.—In the fessionals with expertise in pediatric medical mined pursuant to subsection (a). first Public Health Emergency Countermeasures disaster planning, preparedness, response, or re- ‘‘(B) CONTENTS OF REQUEST.—To seek author- Enterprise Strategy and Implementation Plan covery; ity for a temporary reassignment of personnel submitted under subsection (d) of section 2811 of ‘‘(I) at least two representatives from State, under paragraph (1), the Governor of a State or the Public Health Service Act (42 U.S.C. 300hh– local, territorial, or tribal agencies with exper- a tribal organization shall submit to the Sec- 10) (as added by subsection (a)(3)), the Secretary tise in pediatric disaster planning, prepared- retary a request for such reassignment flexibility of Health and Human Services, in consultation ness, response, or recovery; and and shall include in the request each of the fol- with the Secretary of Defense, shall include a ‘‘(J) representatives from such Federal agen- lowing: description of the manner in which the Depart- cies (such as the Department of Education and ‘‘(i) An assurance that the public health emer- ment of Health and Human Services is coordi- the Department of Homeland Security) as deter- gency in the geographic area of the requesting nating with the Department of Defense regard- mined necessary to fulfill the duties of the Advi- State or Indian tribe cannot be adequately and ing countermeasure activities to address chem- sory Committee, as established under sub- appropriately addressed by the public health ical, biological, radiological, and nuclear sections (b) and (c). workforce otherwise available. threats. Such report shall include information ‘‘(ii) An assurance that the public health with respect to— ‘‘(e) MEETINGS.—The Advisory Committee shall meet not less than biannually. emergency would be addressed more efficiently (1) the research, advanced research, develop- and effectively through the requested temporary ‘‘(f) SUNSET.—The Advisory Committee shall ment, procurement, stockpiling, and distribution reassignment of State and local personnel de- terminate on September 30, 2018.’’. of countermeasures to meet identified needs; and scribed in paragraph (1). (2) the coordination of efforts between the De- SEC. 104. MODERNIZATION OF THE NATIONAL ‘‘(iii) An assurance that the requested tem- partment of Health and Human Services and the DISASTER MEDICAL SYSTEM. porary reassignment of personnel is consistent Department of Defense to address counter- Section 2812 of the Public Health Service Act with any applicable All-Hazards Public Health measure needs for various segments of the popu- (42 U.S.C. 300hh–11) is amended— Emergency Preparedness and Response Plan lation. (1) in subsection (a)(3)— under section 319C–1. SEC. 103. NATIONAL ADVISORY COMMITTEE ON (A) in subparagraph (A), in clause (i) by in- ‘‘(iv) An identification of— CHILDREN AND DISASTERS. serting ‘‘, including at-risk individuals as appli- ‘‘(I) each Federal program from which per- Subtitle B of title XXVIII of the Public Health cable’’ after ‘‘victims of a public health emer- sonnel would be temporarily reassigned pursu- Service Act (42 U.S.C. 300hh et seq.) is amended gency’’; ant to the requested authority; and ‘‘(II) the number of personnel who would be by inserting after section 2811 the following: (B) by redesignating subparagraph (C) as sub- so reassigned from each such program. ‘‘SEC. 2811A. NATIONAL ADVISORY COMMITTEE paragraph (E); and ON CHILDREN AND DISASTERS. ‘‘(v) Such other information and assurances (C) by inserting after subparagraph (B), the upon which the Secretary and Governor of a ‘‘(a) ESTABLISHMENT.—The Secretary, in con- following: sultation with the Secretary of Homeland Secu- State or tribal organization agree. ‘‘(C) CONSIDERATIONS FOR AT-RISK POPU- ‘‘(C) CONSIDERATION.—In reviewing a request rity, shall establish an advisory committee to be LATIONS.—The Secretary shall take steps to en- for temporary reassignment under paragraph known as the ‘National Advisory Committee on sure that an appropriate specialized and fo- (1), the Secretary shall consider the degree to Children and Disasters’ (referred to in this sec- cused range of public health and medical capa- which the program or programs funded in whole tion as the ‘Advisory Committee’). bilities are represented in the National Disaster or in part by programs authorized under this ‘‘(b) DUTIES.—The Advisory Committee shall— Medical System, which take into account the Act would be adversely affected by the reassign- ‘‘(1) provide advice and consultation with re- needs of at-risk individuals, in the event of a ment. spect to the activities carried out pursuant to public health emergency.’’. ‘‘(D) TERMINATION AND EXTENSION.— section 2814, as applicable and appropriate; ‘‘(D) ADMINISTRATION.—The Secretary may ‘‘(i) TERMINATION.—A State or Indian tribe’s ‘‘(2) evaluate and provide input with respect determine and pay claims for reimbursement for temporary reassignment of personnel under to the medical and public health needs of chil- services under subparagraph (A) directly or paragraph (1) shall terminate upon the earlier dren as they relate to preparation for, response through contracts that provide for payment in of the following: to, and recovery from all-hazards emergencies; advance or by way of reimbursement.’’; and ‘‘(I) The Secretary’s determination that the and (2) in subsection (g), by striking ‘‘such sums public health emergency no longer exists. ‘‘(3) provide advice and consultation with re- ‘‘(II) Subject to clause (ii), the expiration of as may be necessary for each of the fiscal years spect to State emergency preparedness and re- the 30-day period following the date on which 2007 through 2011’’ and inserting ‘‘$52,700,000 sponse activities and children, including related the Secretary approved the State or Indian for each of fiscal years 2014 through 2018’’. drills and exercises pursuant to the prepared- tribe’s request for such reassignment flexibility. ness goals under section 2802(b). SEC. 105. CONTINUING THE ROLE OF THE DE- ‘‘(ii) EXTENSION OF REASSIGNMENT FLEXI- ‘‘(c) ADDITIONAL DUTIES.—The Advisory Com- PARTMENT OF VETERANS AFFAIRS. BILITY.—The Secretary may extend reassign- mittee may provide advice and recommendations Section 8117(g) of title 38, United States Code, ment flexibility of personnel under paragraph to the Secretary with respect to children and the is amended by striking ‘‘such sums as may be (1) beyond the date otherwise applicable under medical and public health grants and coopera- necessary to carry out this section for each of clause (i)(II) if the public health emergency still tive agreements as applicable to preparedness fiscal years 2007 through 2011’’ and inserting exists as of such date, but only if— and response activities authorized under this ‘‘$155,300,000 for each of fiscal years 2014 ‘‘(I) the State or Indian tribe that submitted title and title III. through 2018 to carry out this section’’. the initial request for a temporary reassignment

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00070 Fmt 0624 Sfmt 6333 E:\CR\FM\A27FE6.032 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S951 of personnel submits a request for an extension (i) by striking clauses (i) and (ii) and inserting (iv) in subparagraph (C), as so redesignated, of such temporary reassignment; and the following: by striking ‘‘subparagraph (C)’’ and inserting ‘‘(II) the request for an extension contains the ‘‘(i) a description of the activities such entity ‘‘subparagraph (B)’’; same information and assurances necessary for will carry out under the agreement to meet the (B) in subparagraphs (C) and (D) of para- the approval of an initial request for such tem- goals identified under section 2802, including graph (3), by striking ‘‘(1)(A)(i)(I)’’ each place it porary reassignment pursuant to subparagraph with respect to chemical, biological, radio- appears and inserting ‘‘(1)(A)’’; (B). logical, or nuclear threats, whether naturally (C) in paragraph (4)(B), by striking ‘‘sub- ‘‘(3) VOLUNTARY NATURE OF TEMPORARY REAS- occurring, unintentional, or deliberate; section (c)’’ and inserting ‘‘subsection (b)’’; and SIGNMENT OF STATE AND LOCAL PERSONNEL.— ‘‘(ii) a description of the activities such entity (D) by adding at the end the following: ‘‘(A) IN GENERAL.—Unless otherwise provided will carry out with respect to pandemic influ- ‘‘(7) AVAILABILITY OF COOPERATIVE AGREE- under the law or regulation of the State or In- enza, as a component of the activities carried MENT FUNDS.— ‘‘(A) IN GENERAL.—Amounts provided to an el- dian tribe that receives authorization for tem- out under clause (i), and consistent with the re- igible entity under a cooperative agreement porary reassignment of personnel under para- quirements of paragraphs (2) and (5) of sub- under subsection (a) for a fiscal year and re- graph (1), personnel eligible for reassignment section (g);’’; maining unobligated at the end of such year pursuant to such authorization— (ii) in clause (iv), by striking ‘‘and’’ at the shall remain available to such entity for the ‘‘(i) shall have the opportunity to volunteer end; and next fiscal year for the purposes for which such for temporary reassignment; and (iii) by adding at the end the following: ‘‘(vi) a description of how, as appropriate, the funds were provided. ‘‘(ii) shall not be required to agree to a tem- entity may partner with relevant public and pri- ‘‘(B) FUNDS CONTINGENT ON ACHIEVING BENCH- porary reassignment. vate stakeholders in public health emergency MARKS.—The continued availability of funds ‘‘(B) PROHIBITION ON CONDITIONING FEDERAL preparedness and response; under subparagraph (A) with respect to an enti- AWARDS.—The Secretary may not condition the ‘‘(vii) a description of how the entity, as ap- ty shall be contingent upon such entity achiev- award of a grant, contract, or cooperative plicable and appropriate, will coordinate with ing the benchmarks and submitting the pan- agreement under this Act on the requirement State emergency preparedness and response demic influenza plan as described in subsection that a State or Indian tribe require that per- plans in public health emergency preparedness, (g).’’; and sonnel eligible for reassignment pursuant to an including State educational agencies (as defined (8) in subsection (i), as so redesignated— authorization under paragraph (1) agree to such in section 9101(41) of the Elementary and Sec- (A) in paragraph (1)(E), by striking ‘‘sub- reassignment. ondary Education Act of 1965) and State child section (k)’’ and inserting ‘‘subsection (j)’’; ‘‘(4) NOTICE TO CONGRESS.—The Secretary care lead agencies (designated under section (B) by striking paragraph (3). shall give notice to the Congress in conjunction (b) VACCINE TRACKING AND DISTRIBUTION.— 658D of the Child Care and Development Block with the approval under this subsection of— Section 319A(e) of the Public Health Service Act Grant Act of 1990); ‘‘(A) any initial request for temporary reas- ‘‘(viii) in the case of entities that operate on (42 U.S.C. 247d–1(e)) is amended by striking signment of personnel; and the United States-Mexico border or the United ‘‘such sums for each of fiscal years 2007 through ‘‘(B) any request for an extension of such tem- 2011’’ and inserting ‘‘$30,800,000 for each of fis- States-Canada border, a description of the ac- porary reassignment. cal years 2014 through 2018’’. tivities such entity will carry out under the ‘‘(5) GUIDANCE.—The Secretary shall— (c) TECHNICAL AND CONFORMING AMEND- agreement that are specific to the border area ‘‘(A) not later than 6 months after the enact- MENTS.— ment of this subsection, issue proposed guidance including disease detection, identification, in- (1) Section 319C–1(b)(1)(B) of the Public on the temporary reassignment of personnel vestigation, and preparedness and response ac- Health Service Act (42 U.S.C. 247d–3a(b)(1)(B)) under this subsection; and tivities related to emerging diseases and infec- is amended by striking ‘‘subsection (i)(4)’’ and ‘‘(B) after providing notice and a 60-day pe- tious disease outbreaks whether naturally oc- inserting ‘‘subsection (h)(4)’’. riod for public comment, finalize such guidance. curring or due to bioterrorism, consistent with (2) Section 319C–2 of the Public Health Service ‘‘(6) REPORT TO CONGRESS.—Not later than 4 the requirements of this section; and Act (42 U.S.C. 247d–3b) is amended— ‘‘(ix) a description of any activities that such years after the date of enactment of the Pan- (A) in subsection (i), by striking ‘‘(j), and (k)’’ entity will use to analyze real-time clinical demic and All-Hazards Preparedness Reauthor- and inserting ‘‘(i), and (j)’’; and specimens for pathogens of public health or bio- ization Act of 2013, the Comptroller General of (B) in subsection (j)(3), by striking ‘‘319C– terrorism significance, including any utilization the United States shall conduct an independent 1(i)’’ and inserting ‘‘319C–1(h)’’. of poison control centers;’’; and evaluation, and submit to the appropriate com- SEC. 203. HOSPITAL PREPAREDNESS AND MED- (B) in subparagraph (C), by inserting ‘‘, in- mittees of the Congress a report, on temporary ICAL SURGE CAPACITY. cluding addressing the needs of at-risk individ- (a) ALL-HAZARDS PUBLIC HEALTH AND MED- reassignment under this subsection, including— uals,’’ after ‘‘capabilities of such entity’’; ‘‘(A) a description of how, and under what ICAL RESPONSE CURRICULA AND TRAINING.—Sec- (3) in subsection (f)— tion 319F(a)(5)(B) of the Public Health Service circumstances, such temporary reassignment has (A) in paragraph (2), by adding ‘‘and’’ at the been used by States and Indian tribes; Act (42 U.S.C. 247d–6(a)(5)(B)) is amended by end; striking ‘‘public health or medical’’ and insert- ‘‘(B) an analysis of how such temporary reas- (B) in paragraph (3), by striking ‘‘; and’’ and signment has assisted States and Indian tribes ing ‘‘public health, medical, or dental’’. inserting a period; and (b) ENCOURAGING HEALTH PROFESSIONAL VOL- in responding to public health emergencies; (C) by striking paragraph (4); UNTEERS.— ‘‘(C) an evaluation of how such temporary re- (4) in subsection (g)— (1) EMERGENCY SYSTEM FOR ADVANCE REG- assignment has improved operational effi- (A) in paragraph (1), by striking subpara- ISTRATION OF VOLUNTEER HEALTH PROFES- ciencies in responding to public health emer- graph (A) and inserting the following: SIONALS.—Section 319I(k) of the Public Health gencies; ‘‘(A) include outcome goals representing oper- Service Act (42 U.S.C. 247d–7b(k)) is amended by ‘‘(D) an analysis of the extent to which, if ational achievements of the National Prepared- striking ‘‘$2,000,000 for fiscal year 2002, and any, Federal programs from which personnel ness Goals developed under section 2802(b) with such sums as may be necessary for each of the have been temporarily reassigned have been ad- respect to all-hazards, including chemical, bio- fiscal years 2003 through 2011’’ and inserting versely affected by the reassignment; and logical, radiological, or nuclear threats; and’’; ‘‘$5,000,000 for each of fiscal years 2014 through ‘‘(E) recommendations on how medical surge and 2018’’. capacity could be improved in responding to (B) in paragraph (2)(A), by adding at the end the following: ‘‘The Secretary shall periodically (2) VOLUNTEERS.—Section 2813 of the Public public health emergencies and the impact of the Health Service Act (42 U.S.C. 300hh–15) is reassignment flexibility under this section on update, as necessary and appropriate, such pandemic influenza plan criteria and shall re- amended— such surge capacity. (A) in subsection (d)(2), by adding at the end quire the integration of such criteria into the ‘‘(7) DEFINITIONS.—In this subsection— the following: ‘‘Such training exercises shall, as benchmarks and standards described in para- ‘‘(A) the terms ‘Indian tribe’ and ‘tribal orga- appropriate and applicable, incorporate the nization’ have the meanings given such terms in graph (1).’’; (5) by striking subsection (h); needs of at-risk individuals in the event of a section 4 of the Indian Self-Determination and public health emergency.’’; and Education Assistance Act; and (6) by redesignating subsections (i), (j), and (k) as subsections (h), (i), and (j), respectively; (B) in subsection (i), by striking ‘‘$22,000,000 ‘‘(B) the term ‘State’ includes, in addition to for fiscal year 2007, and such sums as may be the entities listed in the definition of such term (7) in subsection (h), as so redesignated— (A) in paragraph (1)— necessary for each of fiscal years 2008 through in section 2, the Freely Associated States. (i) in subparagraph (A)— 2011’’ and inserting ‘‘$11,200,000 for each of fis- ‘‘(8) SUNSET.—This subsection shall terminate (I) by striking ‘‘$824,000,000 for fiscal year cal years 2014 through 2018’’. on September 30, 2018.’’. 2007, of which $35,000,000 shall be used to carry (c) PARTNERSHIPS FOR STATE AND REGIONAL SEC. 202. IMPROVING STATE AND LOCAL PUBLIC out subsection (h),’’ and inserting ‘‘$641,900,000 PREPAREDNESS TO IMPROVE SURGE CAPACITY.— HEALTH SECURITY. for fiscal year 2014’’; and Section 319C–2 of the Public Health Service Act (a) COOPERATIVE AGREEMENTS.—Section 319C– (II) by striking ‘‘such sums as may be nec- (42 U.S.C. 247d–3b) is amended— 1 of the Public Health Service Act (42 U.S.C. essary for each of fiscal years 2008 through (1) in subsection (a), by inserting ‘‘, including, 247d–3a) is amended— 2011’’ and inserting ‘‘$641,900,000 for each of fis- as appropriate, capacity and preparedness to (1) in subsection (b)(1)(C), by striking ‘‘con- cal years 2015 through 2018’’; address the needs of children and other at-risk sortium of entities described in subparagraph (ii) by striking subparagraph (B); individuals’’ before the period at the end; (A)’’ and inserting ‘‘consortium of States’’; (iii) by redesignating subparagraphs (C) and (2) in subsection (b)(1)(A)(ii), by striking (2) in subsection (b)(2)— (D) as subparagraphs (B) and (C), respectively; ‘‘centers, primary’’ and inserting ‘‘centers, com- (A) in subparagraph (A)— and munity health centers, primary’’;

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00071 Fmt 0624 Sfmt 6333 E:\CR\FM\A27FE6.032 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S952 CONGRESSIONAL RECORD — SENATE February 27, 2013

(3) by striking subsection (c) and inserting the inserting ‘‘MODERNIZING PUBLIC HEALTH SITUA- paredness Act’’ and inserting ‘‘3 years after the following: TIONAL AWARENESS AND BIOSURVEILLANCE’’; date of enactment of the Pandemic and All-Haz- ‘‘(c) USE OF FUNDS.—An award under sub- (B) in paragraph (1)— ards Preparedness Reauthorization Act of 2013’’; section (a) shall be expended for activities to (i) by striking ‘‘Pandemic and All-Hazards and achieve the preparedness goals described under Preparedness Act’’ and inserting ‘‘Pandemic (ii) by striking ‘‘subsection (d)’’ and inserting paragraphs (1), (3), (4), (5), and (6) of section and All-Hazards Preparedness Reauthorization ‘‘subsection (c)’’; 2802(b) with respect to all-hazards, including Act of 2013’’; and (6) in subsection (f), as so redesignated, by chemical, biological, radiological, or nuclear (ii) by inserting ‘‘, novel emerging threats,’’ striking ‘‘such sums as may be necessary in each threats.’’; after ‘‘disease outbreaks’’; of fiscal years 2007 through 2011’’ and inserting (4) by striking subsection (g) and inserting the (C) by striking paragraph (2) and inserting ‘‘$138,300,000 for each of fiscal years 2014 following: the following: through 2018’’; and ‘‘(g) COORDINATION.— ‘‘(2) STRATEGY AND IMPLEMENTATION PLAN.— (7) by adding at the end the following: ‘‘(1) LOCAL RESPONSE CAPABILITIES.—An eligi- Not later than 180 days after the date of enact- ‘‘(g) DEFINITION.—For purposes of this section ble entity shall, to the extent practicable, ensure ment of the Pandemic and All-Hazards Pre- the term ‘biosurveillance’ means the process of that activities carried out under an award paredness Reauthorization Act of 2013, the Sec- gathering near real-time biological data that re- under subsection (a) are coordinated with ac- retary shall submit to the appropriate commit- lates to human and zoonotic disease activity tivities of relevant local Metropolitan Medical tees of Congress a coordinated strategy and an and threats to human or animal health, in order Response Systems, local Medical Reserve Corps, accompanying implementation plan that identi- to achieve early warning and identification of the local Cities Readiness Initiative, and local fies and demonstrates the measurable steps the such health threats, early detection and prompt emergency plans. Secretary will carry out to— ongoing tracking of health events, and overall ‘‘(2) NATIONAL COLLABORATION.—Partnerships ‘‘(A) develop, implement, and evaluate the situational awareness of disease activity.’’. consisting of one or more eligible entities under network described in paragraph (1), utilizing (b) TECHNICAL AND CONFORMING AMEND- this section may, to the extent practicable, col- the elements described in paragraph (3); MENT.—Section 319C–1(b)(2)(D) of the Public laborate with other partnerships consisting of ‘‘(B) modernize and enhance biosurveillance Health Service Act (42 U.S.C. 247d–3a(b)(2)(D)) one or more eligible entities under this section activities; and is amended by striking ‘‘section 319D(d)(3)’’ and ‘‘(C) improve information sharing, coordina- for purposes of national coordination and col- inserting ‘‘section 319D(c)(3)’’. tion, and communication among disparate bio- laboration with respect to activities to achieve SEC. 205. ELIMINATING DUPLICATIVE PROJECT surveillance systems supported by the Depart- the preparedness goals described under para- BIOSHIELD REPORTS. ment of Health and Human Services.’’; Section 5 of the Project Bioshield Act of 2004 graphs (1), (3), (4), (5), and (6) of section (D) in paragraph (3)(D), by inserting ‘‘com- (42 U.S.C. 247d–6c) is repealed. 2802(b).’’; munity health centers, health centers’’ after (5) in subsection (i)— ‘‘poison control,’’; TITLE III—ENHANCING MEDICAL (A) by striking ‘‘The requirements of’’ and in- (E) in paragraph (5), by striking subpara- COUNTERMEASURE REVIEW serting the following: graph (A) and inserting the following: SEC. 301. SPECIAL PROTOCOL ASSESSMENT. ‘‘(1) IN GENERAL.—The requirements of’’; and ‘‘(A) utilize applicable interoperability stand- Section 505(b)(5)(B) of the Federal Food, (B) by adding at the end the following: ards as determined by the Secretary, and in con- Drug, and Cosmetic Act (21 U.S.C. 355(b)(5)(B)) ‘‘(2) MEETING GOALS OF NATIONAL HEALTH SE- sultation with the Office of the National Coordi- is amended by striking ‘‘size of clinical trials in- CURITY STRATEGY.—The Secretary shall imple- nator for Health Information Technology, tended’’ and all that follows through ‘‘. The ment objective, evidence-based metrics to ensure through a joint public and private sector proc- sponsor or applicant’’ and inserting the fol- that entities receiving awards under this section ess;’’; and lowing: ‘‘size— are meeting, to the extent practicable, the appli- (F) by adding at the end the following: ‘‘(i)(I) of clinical trials intended to form the cable goals of the National Health Security ‘‘(6) CONSULTATION WITH THE NATIONAL BIO- primary basis of an effectiveness claim; or Strategy under section 2802.’’; and DEFENSE SCIENCE BOARD.—In carrying out this ‘‘(II) in the case where human efficacy studies (6) in subsection (j)— section and consistent with section 319M, the are not ethical or feasible, of animal and any (A) by amending paragraph (1) to read as fol- National Biodefense Science Board shall provide associated clinical trials which, in combination, lows: expert advice and guidance, including rec- are intended to form the primary basis of an ef- ‘‘(1) IN GENERAL.—For purposes of carrying ommendations, regarding the measurable steps fectiveness claim; or out this section, there is authorized to be appro- the Secretary should take to modernize and en- ‘‘(ii) with respect to an application for ap- priated $374,700,000 for each of fiscal years 2014 hance biosurveillance activities pursuant to the proval of a biological product under section through 2018.’’; and efforts of the Department of Health and Human 351(k) of the Public Health Service Act, of any (B) by adding at the end the following: Services to ensure comprehensive, real-time, all- necessary clinical study or studies. ‘‘(4) AVAILABILITY OF COOPERATIVE AGREE- hazards biosurveillance capabilities. In com- The sponsor or applicant’’. MENT FUNDS.— plying with the preceding sentence, the Na- SEC. 302. AUTHORIZATION FOR MEDICAL PROD- ‘‘(A) IN GENERAL.—Amounts provided to an el- tional Biodefense Science Board shall— UCTS FOR USE IN EMERGENCIES. igible entity under a cooperative agreement ‘‘(A) identify the steps necessary to achieve a (a) IN GENERAL.—Section 564 of the Federal under subsection (a) for a fiscal year and re- national biosurveillance system for human Food, Drug, and Cosmetic Act (21 U.S.C. maining unobligated at the end of such year health, with international connectivity, where 360bbb–3) is amended— shall remain available to such entity for the appropriate, that is predicated on State, re- (1) in subsection (a)— next fiscal year for the purposes for which such gional, and community level capabilities and (A) in paragraph (1), by striking ‘‘sections funds were provided. creates a networked system to allow for two-way 505, 510(k), and 515 of this Act’’ and inserting ‘‘(B) FUNDS CONTINGENT ON ACHIEVING BENCH- information flow between and among Federal, ‘‘any provision of this Act’’; MARKS.—The continued availability of funds State, and local government public health au- (B) in paragraph (2)(A), by striking ‘‘under a under subparagraph (A) with respect to an enti- thorities and clinical health care providers; provision of law referred to in such paragraph’’ ty shall be contingent upon such entity achiev- ‘‘(B) identify any duplicative surveillance and inserting ‘‘under section 505, 510(k), or 515 ing the benchmarks and submitting the pan- programs under the authority of the Secretary, of this Act or section 351 of the Public Health demic influenza plan as required under sub- or changes that are necessary to existing pro- Service Act’’; and section (i).’’. grams, in order to enhance and modernize such (C) in paragraph (3), by striking ‘‘a provision SEC. 204. ENHANCING SITUATIONAL AWARENESS activities, minimize duplication, strengthen and of law referred to in such paragraph’’ and in- AND BIOSURVEILLANCE. streamline such activities under the authority of serting ‘‘a section of this Act or the Public (a) IN GENERAL.—Section 319D of the Public the Secretary, and achieve real-time and appro- Health Service Act referred to in paragraph Health Service Act (42 U.S.C. 247d–4) is amend- priate data that relate to disease activity, both (2)(A)’’; ed— human and zoonotic; and (2) in subsection (b)— (1) in subsection (b)— ‘‘(C) coordinate with applicable existing advi- (A) in the subsection heading, by striking (A) in paragraph (1)(B), by inserting ‘‘poison sory committees of the Director of the Centers ‘‘EMERGENCY’’ and inserting ‘‘EMERGENCY OR control centers,’’ after ‘‘hospitals,’’; for Disease Control and Prevention, including THREAT JUSTIFYING EMERGENCY AUTHORIZED (B) in paragraph (2), by inserting before the such advisory committees consisting of rep- USE’’; period at the end the following: ‘‘, allowing for resentatives from State, local, and tribal public (B) in paragraph (1)— coordination to maximize all-hazards medical health authorities and appropriate public and (i) in the matter preceding subparagraph (A), and public health preparedness and response private sector health care entities and academic by striking ‘‘may declare an emergency’’ and in- and to minimize duplication of effort’’; and institutions, in order to provide guidance on serting ‘‘may make a declaration that the cir- (C) in paragraph (3), by inserting before the public health surveillance activities.’’; cumstances exist’’; period at the end the following: ‘‘and update (5) in subsection (d), as so redesignated— (ii) in subparagraph (A), by striking ‘‘speci- such standards as necessary’’; (A) in paragraph (1), by striking ‘‘subsection fied’’; (2) by striking subsection (c); (d)’’ and inserting ‘‘subsection (c)’’; (iii) in subparagraph (B)— (3) by redesignating subsections (d) through (B) in paragraph (4)(B), by striking ‘‘sub- (I) by striking ‘‘specified’’; and (g) as subsections (c) through (f), respectively; section (d)’’ and inserting ‘‘subsection (c)’’; and (II) by striking ‘‘; or’’ and inserting a semi- (4) in subsection (c), as so redesignated— (C) in paragraph (5)— colon; (A) in the subsection heading, by striking (i) by striking ‘‘4 years after the date of enact- (iv) by amending subparagraph (C) to read as ‘‘PUBLIC HEALTH SITUATIONAL AWARENESS’’ and ment of the Pandemic and All-Hazards Pre- follows:

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00072 Fmt 0624 Sfmt 6333 E:\CR\FM\A27FE6.032 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S953 ‘‘(C) a determination by the Secretary that (iii) by amending subparagraph (C) to read as authorization outweigh the known and poten- there is a public health emergency, or a signifi- follows: tial risks of the categorization. cant potential for a public health emergency, ‘‘(C) In establishing conditions under this ‘‘(2) CONDITIONS OF DETERMINATION.—The that affects, or has a significant potential to af- paragraph with respect to the distribution and Secretary may establish appropriate conditions fect, national security or the health and secu- administration of the product for the unap- on the performance of the examination or proce- rity of United States citizens living abroad, and proved use, the Secretary shall not impose con- dure pursuant to such determination. that involves a biological, chemical, radio- ditions that would restrict distribution or ad- ‘‘(3) EFFECTIVE PERIOD.—A determination logical, or nuclear agent or agents, or a disease ministration of the product when distributed or under this subsection shall be effective for pur- or condition that may be attributable to such administered for the approved use.’’; and poses of section 353 of the Public Health Service agent or agents; or’’; and (D) by amending paragraph (3) to read as fol- Act notwithstanding any other provision of that (v) by adding at the end the following: lows: section during the effective period of the rel- ‘‘(D) the identification of a material threat ‘‘(3) GOOD MANUFACTURING PRACTICE; PRE- evant declaration under subsection (b).’’. pursuant to section 319F–2 of the Public Health SCRIPTION.—With respect to the emergency use (b) EMERGENCY USE OF MEDICAL PRODUCTS.— Service Act sufficient to affect national security of a product for which an authorization under Subchapter E of chapter V of the Federal Food, or the health and security of United States citi- this section is issued (whether an unapproved Drug, and Cosmetic Act (21 U.S.C. 360bbb et zens living abroad.’’; product or an unapproved use of an approved seq.) is amended by inserting after section 564 (C) in paragraph (2)— product), the Secretary may waive or limit, to the following: (i) in subparagraph (A), by amending clause the extent appropriate given the applicable cir- ‘‘SEC. 564A. EMERGENCY USE OF MEDICAL PROD- (ii) to read as follows: cumstances described in subsection (b)(1)— UCTS. ‘‘(ii) a change in the approval status of the ‘‘(A) requirements regarding current good ‘‘(a) DEFINITIONS.—In this section: product such that the circumstances described manufacturing practice otherwise applicable to ‘‘(1) ELIGIBLE PRODUCT.—The term ‘eligible in subsection (a)(2) have ceased to exist.’’; the manufacture, processing, packing, or hold- product’ means a product that— (ii) by striking subparagraph (B); and ing of products subject to regulation under this ‘‘(A) is approved or cleared under this chapter (iii) by redesignating subparagraph (C) as Act, including such requirements established or licensed under section 351 of the Public subparagraph (B); under section 501 or 520(f)(1), and including rel- Health Service Act; (D) in paragraph (4), by striking ‘‘advance evant conditions prescribed with respect to the ‘‘(B)(i) is intended for use to prevent, diag- notice of termination, and renewal under this product by an order under section 520(f)(2); nose, or treat a disease or condition involving a subsection.’’ and inserting ‘‘, and advance no- ‘‘(B) requirements established under section biological, chemical, radiological, or nuclear tice of termination under this subsection.’’; and 503(b); and agent or agents; or (E) by adding at the end the following: ‘‘(C) requirements established under section ‘‘(ii) is intended for use to prevent, diagnose, ‘‘(5) EXPLANATION BY SECRETARY.—If an au- 520(e).’’; or treat a serious or life-threatening disease or thorization under this section with respect to an (6) in subsection (g)— condition caused by a product described in unapproved product or an unapproved use of an (A) in the subsection heading, by inserting clause (i); and approved product has been in effect for more ‘‘REVIEW AND’’ before ‘‘REVOCATION’’; ‘‘(C) is intended for use during the cir- than 1 year, the Secretary shall provide in writ- (B) in paragraph (1), by inserting after the pe- cumstances under which— ing to the sponsor of such product an expla- riod at the end the following: ‘‘As part of such ‘‘(i) a determination described in subpara- nation of the scientific, regulatory, or other ob- review, the Secretary shall regularly review the graph (A), (B), or (C) of section 564(b)(1) has stacles to approval, licensure, or clearance of progress made with respect to the approval, li- been made by the Secretary of Homeland Secu- such product or use, including specific actions censure, or clearance of— rity, the Secretary of Defense, or the Secretary, ‘‘(A) an unapproved product for which an au- to be taken by the Secretary and the sponsor to respectively; or thorization was issued under this section; or overcome such obstacles.’’; ‘‘(ii) the identification of a material threat de- ‘‘(B) an unapproved use of an approved prod- (3) in subsection (c)— scribed in subparagraph (D) of section 564(b)(1) uct for which an authorization was issued (A) in the matter preceding paragraph (1)— has been made pursuant to section 319F–2 of the under this section.’’; and (i) by inserting ‘‘the Assistant Secretary for (C) by amending paragraph (2) to read as fol- Public Health Service Act. Preparedness and Response,’’ after ‘‘consulta- ‘‘(2) PRODUCT.—The term ‘product’ means a lows: tion with’’; drug, device, or biological product. ‘‘(2) REVISION AND REVOCATION.—The Sec- (ii) by striking ‘‘Health and’’ and inserting retary may revise or revoke an authorization ‘‘(b) EXPIRATION DATING.— ‘‘(1) IN GENERAL.—The Secretary may extend ‘‘Health, and’’; and under this section if— (iii) by striking ‘‘circumstances of the emer- ‘‘(A) the circumstances described under sub- the expiration date and authorize the introduc- gency involved’’ and inserting ‘‘applicable cir- section (b)(1) no longer exist; tion or delivery for introduction into interstate cumstances described in subsection (b)(1)’’; ‘‘(B) the criteria under subsection (c) for commerce of an eligible product after the expira- (B) in paragraph (1), by striking ‘‘specified’’ issuance of such authorization are no longer tion date provided by the manufacturer if— and inserting ‘‘referred to’’; and met; or ‘‘(A) the expiration date extension is intended (C) in paragraph (2)(B), by inserting ‘‘, taking ‘‘(C) other circumstances make such revision to support the United States ability to protect— into consideration the material threat posed by or revocation appropriate to protect the public ‘‘(i) the public health; or the agent or agents identified in a declaration health or safety.’’; ‘‘(ii) military preparedness and effectiveness; under subsection (b)(1)(D), if applicable’’ after (7) in subsection (h)(1), by adding after the and ‘‘risks of the product’’; period at the end the following: ‘‘The Secretary ‘‘(B) the expiration date extension is sup- (4) in subsection (d)(3), by inserting ‘‘, to the shall make any revisions to an authorization ported by an appropriate scientific evaluation extent practicable given the circumstances of the under this section available on the Internet Web that is conducted or accepted by the Secretary. emergency,’’ after ‘‘including’’; site of the Food and Drug Administration.’’; ‘‘(2) REQUIREMENTS AND CONDITIONS.—Any (5) in subsection (e)— (8) by adding at the end of subsection (j) the extension of an expiration date under para- (A) in paragraph (1)(A), by striking ‘‘cir- following: graph (1) shall, as part of the extension, iden- cumstances of the emergency’’ and inserting ‘‘(4) Nothing in this section shall be construed tify— ‘‘applicable circumstances described in sub- as authorizing a delay in the review or other ‘‘(A) each specific lot, batch, or other unit of section (b)(1)’’; consideration by the Secretary of any applica- the product for which extended expiration is au- (B) in paragraph (1)(B), by amending clause tion or submission pending before the Food and thorized; (iii) to read as follows: Drug Administration for a product for which an ‘‘(B) the duration of the extension; and ‘‘(iii) Appropriate conditions with respect to authorization under this section is issued.’’; and ‘‘(C) any other requirements or conditions as collection and analysis of information con- (9) by adding at the end the following: the Secretary may deem appropriate for the pro- cerning the safety and effectiveness of the prod- ‘‘(m) CATEGORIZATION OF LABORATORY TESTS tection of the public health, which may include uct with respect to the use of such product dur- ASSOCIATED WITH DEVICES SUBJECT TO AUTHOR- requirements for, or conditions on, product sam- ing the period when the authorization is in ef- IZATION.— pling, storage, packaging or repackaging, trans- fect and a reasonable time following such pe- ‘‘(1) IN GENERAL.—In issuing an authorization port, labeling, notice to product recipients, rec- riod.’’; under this section with respect to a device, the ordkeeping, periodic testing or retesting, or (C) in paragraph (2)— Secretary may, subject to the provisions of this product disposition. (i) in subparagraph (A)— section, determine that a laboratory examina- ‘‘(3) EFFECT.—Notwithstanding any other (I) by striking ‘‘manufacturer of the product’’ tion or procedure associated with such device provision of this Act or the Public Health Serv- and inserting ‘‘person’’; shall be deemed, for purposes of section 353 of ice Act, an eligible product shall not be consid- (II) by striking ‘‘circumstances of the emer- the Public Health Service Act, to be in a par- ered an unapproved product (as defined in sec- gency’’ and inserting ‘‘applicable circumstances ticular category of examinations and procedures tion 564(a)(2)(A)) and shall not be deemed adul- described in subsection (b)(1)’’; and (including the category described by subsection terated or misbranded under this Act because, (III) by inserting at the end before the period (d)(3) of such section) if, based on the totality of with respect to such product, the Secretary has, ‘‘or in paragraph (1)(B)’’; scientific evidence available to the Secretary— under paragraph (1), extended the expiration (ii) in subparagraph (B)(i), by inserting before ‘‘(A) such categorization would be beneficial date and authorized the introduction or delivery the period at the end ‘‘, except as provided in to protecting the public health; and for introduction into interstate commerce of section 564A with respect to authorized changes ‘‘(B) the known and potential benefits of such such product after the expiration date provided to the product expiration date’’; and categorization under the circumstances of the by the manufacturer.

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00073 Fmt 0624 Sfmt 6333 E:\CR\FM\A27FE6.032 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S954 CONGRESSIONAL RECORD — SENATE February 27, 2013

‘‘(4) EXPIRATION DATE.—For purposes of this 1(a)(2) of the Public Health Service Act) to ‘‘(1) ensure the appropriate involvement of subsection, the term ‘expiration date’ means the which a requirement under this section has been Food and Drug Administration personnel in date established through appropriate stability applied, if the Secretary determines that such interagency activities related to countermeasure testing required by the regulations issued by the waiver is required to mitigate the effects of, or advanced research and development, consistent Secretary to ensure that the product meets ap- reduce the severity of, the circumstances under with sections 319F, 319F–1, 319F–2, 319F–3, 319L, plicable standards of identity, strength, quality, which— and 2811 of the Public Health Service Act; and purity at the time of use. ‘‘(1) a determination described in subpara- ‘‘(2) ensure the appropriate involvement and ‘‘(c) CURRENT GOOD MANUFACTURING PRAC- graph (A), (B), or (C) of section 564(b)(1) has consultation of Food and Drug Administration TICE.— been made by the Secretary of Homeland Secu- personnel in any flexible manufacturing activi- ‘‘(1) IN GENERAL.—The Secretary may, when rity, the Secretary of Defense, or the Secretary, ties carried out under section 319L of the Public the circumstances of a domestic, military, or respectively; or Health Service Act, including with respect to public health emergency or material threat de- ‘‘(2) the identification of a material threat de- meeting regulatory requirements set forth in this scribed in subsection (a)(1)(C) so warrant, au- scribed in subparagraph (D) of section 564(b)(1) Act; thorize, with respect to an eligible product, devi- has been made pursuant to section 319F–2 of the ‘‘(3) promote countermeasure expertise within ations from current good manufacturing prac- Public Health Service Act.’’. the Food and Drug Administration by— tice requirements otherwise applicable to the (d) PRODUCTS HELD FOR EMERGENCY USE.— ‘‘(A) ensuring that Food and Drug Adminis- manufacture, processing, packing, or holding of The Federal Food, Drug, and Cosmetic Act (21 tration personnel involved in reviewing counter- products subject to regulation under this Act, U.S.C. 301 et seq.) is amended by inserting after measures for approval, licensure, or clearance including requirements under section 501 or section 564A, as added by subsection (b), the fol- are informed by the Assistant Secretary for Pre- 520(f)(1) or applicable conditions prescribed with lowing: paredness and Response on the material threat respect to the eligible product by an order under ‘‘SEC. 564B. PRODUCTS HELD FOR EMERGENCY assessment conducted under section 319F–2 of section 520(f)(2). USE. the Public Health Service Act for the agent or ‘‘(2) EFFECT.—Notwithstanding any other ‘‘It is not a violation of any section of this Act agents for which the countermeasure under re- provision of this Act or the Public Health Serv- or of the Public Health Service Act for a govern- view is intended; ice Act, an eligible product shall not be consid- ment entity (including a Federal, State, local, or ‘‘(B) training Food and Drug Administration ered an unapproved product (as defined in sec- tribal government entity), or a person acting on personnel regarding review of countermeasures tion 564(a)(2)(A)) and shall not be deemed adul- behalf of such a government entity, to introduce for approval, licensure, or clearance; terated or misbranded under this Act because, into interstate commerce a product (as defined ‘‘(C) holding public meetings at least twice with respect to such product, the Secretary has in section 564(a)(4)) intended for emergency use, annually to encourage the exchange of scientific authorized deviations from current good manu- if that product— ideas; and facturing practices under paragraph (1). ‘‘(1) is intended to be held and not used; and ‘‘(D) establishing protocols to ensure that ‘‘(d) EMERGENCY DISPENSING.—The require- ‘‘(2) is held and not used, unless and until countermeasure reviewers have sufficient train- ments of sections 503(b) and 520(e) shall not that product— ing or experience with countermeasures; apply to an eligible product, and the product ‘‘(A) is approved, cleared, or licensed under ‘‘(4) maintain teams, composed of Food and shall not be considered an unapproved product section 505, 510(k), or 515 of this Act or section Drug Administration personnel with expertise (as defined in section 564(a)(2)(A)) and shall not 351 of the Public Health Service Act; on countermeasures, including specific counter- be deemed adulterated or misbranded under this ‘‘(B) is authorized for investigational use measures, populations with special clinical Act because it is dispensed without an indi- under section 505 or 520 of this Act or section 351 needs (including children and pregnant women vidual prescription, if— of the Public Health Service Act; or that may use countermeasures, as applicable ‘‘(1) the product is dispensed during the cir- ‘‘(C) is authorized for use under section 564.’’. and appropriate), classes or groups of counter- cumstances described in subsection (a)(1)(C); SEC. 303. DEFINITIONS. measures, or other countermeasure-related tech- and Section 565 of the Federal Food, Drug, and nologies and capabilities, that shall— ‘‘(2) such dispensing without an individual Cosmetic Act (21 U.S.C. 360bbb–4) is amended by ‘‘(A) consult with countermeasure experts, in- prescription occurs— striking ‘‘The Secretary, in consultation’’ and cluding countermeasure sponsors and appli- ‘‘(A) as permitted under the law of the State inserting the following: cants, to identify and help resolve scientific in which the product is dispensed; or ‘‘(a) DEFINITIONS.—In this section— issues related to the approval, licensure, or ‘‘(B) in accordance with an order issued by ‘‘(1) the term ‘countermeasure’ means a quali- clearance of countermeasures, through work- the Secretary, for the purposes and duration of fied countermeasure, a security countermeasure, shops or public meetings; and the circumstances described in subsection and a qualified pandemic or epidemic product; ‘‘(B) improve and advance the science relating (a)(1)(C). ‘‘(2) the term ‘qualified countermeasure’ has to the development of new tools, standards, and ‘‘(e) EMERGENCY USE INSTRUCTIONS.— the meaning given such term in section 319F–1 approaches to assessing and evaluating counter- ‘‘(1) IN GENERAL.—The Secretary, acting of the Public Health Service Act; measures— through an appropriate official within the De- ‘‘(3) the term ‘security countermeasure’ has ‘‘(i) in order to inform the process for counter- partment of Health and Human Services, may the meaning given such term in section 319F–2 measure approval, clearance, and licensure; and create and issue emergency use instructions to of such Act; and ‘‘(ii) with respect to the development of coun- inform health care providers or individuals to ‘‘(4) the term ‘qualified pandemic or epidemic termeasures for populations with special clinical whom an eligible product is to be administered product’ means a product that meets the defini- needs, including children and pregnant women, concerning such product’s approved, licensed, tion given such term in section 319F–3 of the in order to meet the needs of such populations, or cleared conditions of use. Public Health Service Act and— as necessary and appropriate; and ‘‘(2) EFFECT.—Notwithstanding any other ‘‘(A) that has been identified by the Depart- ‘‘(5) establish’’; and provisions of this Act or the Public Health Serv- ment of Health and Human Services or the De- (3) by adding at the end the following: ice Act, a product shall not be considered an un- partment of Defense as receiving funding di- ‘‘(c) FINAL GUIDANCE ON DEVELOPMENT OF approved product and shall not be deemed adul- rectly related to addressing chemical, biological, ANIMAL MODELS.— terated or misbranded under this Act because of radiological, or nuclear threats, including pan- ‘‘(1) IN GENERAL.—Not later than 1 year after the issuance of emergency use instructions demic influenza; or the date of the enactment of the Pandemic and under paragraph (1) with respect to such prod- ‘‘(B) is included under this paragraph pursu- All-Hazards Preparedness Reauthorization Act uct or the introduction or delivery for introduc- ant to a determination by the Secretary. of 2013, the Secretary shall provide final guid- tion of such product into interstate commerce ‘‘(b) GENERAL DUTIES.—The Secretary, in con- ance to industry regarding the development of accompanied by such instructions— sultation’’. animal models to support approval, clearance, ‘‘(A) during an emergency response to an ac- SEC. 304. ENHANCING MEDICAL COUNTER- or licensure of countermeasures referred to in tual emergency that is the basis for a determina- MEASURE ACTIVITIES. subsection (a) when human efficacy studies are tion described in subsection (a)(1)(C)(i); or Section 565 of the Federal Food, Drug, and not ethical or feasible. ‘‘(B) by a government entity (including a Fed- Cosmetic Act (21 U.S.C. 360bbb–4), as amended ‘‘(2) AUTHORITY TO EXTEND DEADLINE.—The eral, State, local, or tribal government entity), by section 303, is further amended— Secretary may extend the deadline for providing or a person acting on behalf of such a govern- (1) in the section heading, by striking ‘‘TECH- final guidance under paragraph (1) by not more ment entity, in preparation for an emergency re- NICAL ASSISTANCE’’ and inserting ‘‘COUN- than 6 months upon submission by the Secretary sponse.’’. TERMEASURE DEVELOPMENT, REVIEW, of a report on the status of such guidance to the (c) RISK EVALUATION AND MITIGATION STRAT- AND TECHNICAL ASSISTANCE’’; Committee on Energy and Commerce of the EGIES.—Section 505–1 of the Federal Food, Drug, (2) in subsection (b), by striking the subsection House of Representatives and the Committee on and Cosmetic Act (21 U.S.C. 355–1), is amend- enumerator and all that follows through ‘‘shall Health, Education, Labor, and Pensions of the ed— establish’’ and inserting the following: Senate. (1) in subsection (f), by striking paragraph (7); ‘‘(b) GENERAL DUTIES.—In order to accelerate ‘‘(d) DEVELOPMENT AND ANIMAL MODELING and the development, stockpiling, approval, licen- PROCEDURES.— (2) by adding at the end the following: sure, and clearance of qualified counter- ‘‘(1) AVAILABILITY OF ANIMAL MODEL MEET- ‘‘(k) WAIVER IN PUBLIC HEALTH EMER- measures, security countermeasures, and quali- INGS.—To facilitate the timely development of GENCIES.—The Secretary may waive any re- fied pandemic or epidemic products, the Sec- animal models and support the development, quirement of this section with respect to a quali- retary, in consultation with the Assistant Sec- stockpiling, licensure, approval, and clearance fied countermeasure (as defined in section 319F– retary for Preparedness and Response, shall— of countermeasures, the Secretary shall, not

VerDate Mar 15 2010 04:22 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00074 Fmt 0624 Sfmt 6333 E:\CR\FM\A27FE6.032 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S955 later than 180 days after the enactment of this cant, in writing, the scientific or regulatory ra- shall make publicly available on the Web site of subsection, establish a procedure by which a tionale why such agreement cannot be reached. the Food and Drug Administration a report that sponsor or applicant that is developing a coun- ‘‘(4) PLAN.—The content of a regulatory man- details the countermeasure development and re- termeasure for which human efficacy studies agement plan agreed to by the Secretary and a view activities of the Food and Drug Adminis- are not ethical or practicable, and that has an sponsor or applicant shall include— tration, including— approved investigational new drug application ‘‘(A) an agreement between the Secretary and ‘‘(1) with respect to the development of new or investigational device exemption, may request the sponsor or applicant regarding develop- tools, standards, and approaches to assess and and receive— mental milestones that will trigger responses by evaluate countermeasures— ‘‘(A) a meeting to discuss proposed animal the Secretary as described in subparagraph (B); ‘‘(A) the identification of the priorities of the model development activities; and ‘‘(B) performance targets and goals for timely Food and Drug Administration and the progress ‘‘(B) a meeting prior to initiating pivotal ani- and appropriate responses by the Secretary to made on such priorities; and mal studies. the triggers described under subparagraph (A), ‘‘(B) the identification of scientific gaps that ‘‘(2) PEDIATRIC MODELS.—To facilitate the de- including meetings between the Secretary and impede the development, approval, licensure, or velopment and selection of animal models that the sponsor or applicant, written feedback, deci- clearance of countermeasures for populations could translate to pediatric studies, any meeting sions by the Secretary, and other activities car- with special clinical needs, including children conducted under paragraph (1) shall include ried out as part of the development and review and pregnant women, and the progress made on discussion of animal models for pediatric popu- process; and resolving these challenges; lations, as appropriate. ‘‘(C) an agreement on how the plan shall be ‘‘(2) with respect to countermeasures for ‘‘(e) REVIEW AND APPROVAL OF COUNTER- modified, if needed. which a regulatory management plan has been MEASURES.— ‘‘(5) MILESTONES AND PERFORMANCE TAR- agreed upon under subsection (f), the extent to ‘‘(1) MATERIAL THREAT.—When evaluating an GETS.—The developmental milestones described which the performance targets and goals set application or submission for approval, licen- in paragraph (4)(A) and the performance targets forth in subsection (f)(4)(B) and the regulatory sure, or clearance of a countermeasure, the Sec- and goals described in paragraph (4)(B) shall management plan have been met, including, for retary shall take into account the material include— each such countermeasure— threat posed by the chemical, biological, radio- ‘‘(A) feedback from the Secretary regarding ‘‘(A) whether the regulatory management logical, or nuclear agent or agents identified the data required to support the approval, clear- plan was completed within the required time- under section 319F–2 of the Public Health Serv- ance, or licensure of the eligible countermeasure frame, and the length of time taken to complete ice Act for which the countermeasure under re- involved; such plan; view is intended. ‘‘(B) feedback from the Secretary regarding ‘‘(B) whether the Secretary adhered to the ‘‘(2) REVIEW EXPERTISE.—When practicable the data necessary to inform any authorization timely and appropriate response times set forth and appropriate, teams of Food and Drug Ad- under section 564; in such plan; and ministration personnel reviewing applications or ‘‘(C) feedback from the Secretary regarding ‘‘(C) explanations for any failure to meet such submissions described under paragraph (1) shall the data necessary to support the positioning performance targets and goals; include a reviewer with sufficient training or ex- and delivery of the eligible countermeasure, in- ‘‘(3) the number of regulatory teams estab- perience with countermeasures pursuant to the cluding to the Strategic National Stockpile; lished pursuant to subsection (b)(4), the number protocols established under subsection ‘‘(D) feedback from the Secretary regarding of products, classes of products, or technologies (b)(3)(D).’’. the data necessary to support the submission of assigned to each such team, and the number of, protocols for review under section 505(b)(5)(B); type of, and any progress made as a result of SEC. 305. REGULATORY MANAGEMENT PLANS. consultations carried out under subsection Section 565 of the Federal Food, Drug, and ‘‘(E) feedback from the Secretary regarding any gaps in scientific knowledge that will need (b)(4)(A); Cosmetic Act (21 U.S.C. 360bbb–4), as amended ‘‘(4) an estimate of resources obligated to resolution prior to approval, licensure, or clear- by section 304, is further amended by adding at countermeasure development and regulatory as- ance of the eligible countermeasure and plans the end the following: sessment, including— for conducting the necessary scientific research; ‘‘(f) REGULATORY MANAGEMENT PLAN.— ‘‘(A) Center-specific objectives and accom- ‘‘(F) identification of the population for ‘‘(1) DEFINITION.—In this subsection, the term plishments; and which the countermeasure sponsor or applicant ‘eligible countermeasure’ means— ‘‘(B) the number of full-time equivalent em- seeks approval, licensure, or clearance and the ‘‘(A) a security countermeasure with respect ployees of the Food and Drug Administration population for which desired labeling would not to which the Secretary has entered into a pro- who directly support the review of counter- be appropriate, if known; and curement contract under section 319F–2(c) of the measures; Public Health Service Act; or ‘‘(G) as necessary and appropriate, and to the ‘‘(5) the number of countermeasure applica- ‘‘(B) a countermeasure with respect to which extent practicable, a plan for demonstrating tions and submissions submitted, the number of the Biomedical Advanced Research and Devel- safety and effectiveness in pediatric popu- countermeasures approved, licensed, or cleared, opment Authority has provided funding under lations, and for developing pediatric dosing, for- the status of remaining submitted applications section 319L of the Public Health Service Act for mulation, and administration with respect to and submissions, and the number of each type advanced research and development. the eligible countermeasure, provided that such of authorization issued pursuant to section 564; ‘‘(2) REGULATORY MANAGEMENT PLAN PROC- plan would not delay authorization under sec- ‘‘(6) the number of written requests for a regu- ESS.—The Secretary, in consultation with the tion 564, approval, licensure, or clearance for latory management plan submitted under sub- Assistant Secretary for Preparedness and Re- adults. section (f)(3)(A), the number of regulatory man- sponse and the Director of the Biomedical Ad- ‘‘(6) PRIORITIZATION.— agement plans developed, and the number of vanced Research and Development Authority, ‘‘(A) PLANS FOR SECURITY COUNTER- such plans developed for security counter- shall establish a formal process for obtaining MEASURES.—The Secretary shall establish regu- measures; and scientific feedback and interactions regarding latory management plans for all security coun- ‘‘(7) the number, type, and frequency of meet- the development and regulatory review of eligi- termeasures for which a request is submitted ings between the Food and Drug Administration ble countermeasures by facilitating the develop- under paragraph (3)(A). and— ment of written regulatory management plans in ‘‘(B) PLANS FOR OTHER ELIGIBLE COUNTER- ‘‘(A) sponsors of a countermeasure as defined accordance with this subsection. MEASURES.—The Secretary shall determine in subsection (a); or ‘‘(3) SUBMISSION OF REQUEST AND PROPOSED whether resources are available to establish reg- ‘‘(B) another agency engaged in development PLAN BY SPONSOR OR APPLICANT.— ulatory management plans for eligible counter- or management of portfolios for such counter- ‘‘(A) IN GENERAL.—A sponsor or applicant of measures that are not security countermeasures. measures, including the Centers for Disease an eligible countermeasure may initiate the If resources are available to establish regulatory Control and Prevention, the Biomedical Ad- process described under paragraph (2) upon sub- management plans for eligible countermeasures vanced Research and Development Authority, mission of a written request to the Secretary. that are not security countermeasures, and if re- the National Institutes of Health, and the ap- Such request shall include a proposed regu- sources are not available to establish regulatory propriate agencies of the Department of De- latory management plan. management plans for all eligible counter- fense.’’. measures for which requests have been sub- ‘‘(B) TIMING OF SUBMISSION.—A sponsor or SEC. 307. PEDIATRIC MEDICAL COUNTER- applicant may submit a written request under mitted, the Director of the Biomedical Advanced MEASURES. subparagraph (A) after the eligible counter- Research and Development Authority, in con- (a) PEDIATRIC STUDIES OF DRUGS.—Section measure has an investigational new drug or in- sultation with the Commissioner, shall prioritize 505A of the Federal Food, Drug, and Cosmetic vestigational device exemption in effect. which eligible countermeasures may receive reg- Act (21 U.S.C. 355a) is amended— ‘‘(C) RESPONSE BY SECRETARY.—The Secretary ulatory management plans.’’. (1) in subsection (d), by adding at the end the shall direct the Food and Drug Administration, SEC. 306. REPORT. following: upon submission of a written request by a spon- Section 565 of the Federal Food, Drug, and ‘‘(5) CONSULTATION.—With respect to a drug sor or applicant under subparagraph (A), to Cosmetic Act (21 U.S.C. 360bbb–4), as amended that is a qualified countermeasure (as defined in work with the sponsor or applicant to agree on by section 305, is further amended by adding at section 319F–1 of the Public Health Service Act), a regulatory management plan within a reason- the end the following: a security countermeasure (as defined in section able time not to exceed 90 days. If the Secretary ‘‘(g) ANNUAL REPORT.—Not later than 180 319F–2 of the Public Health Service Act), or a determines that no plan can be agreed upon, the days after the date of enactment of this sub- qualified pandemic or epidemic product (as de- Secretary shall provide to the sponsor or appli- section, and annually thereafter, the Secretary fined in section 319F–3 of the Public Health

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00075 Fmt 0624 Sfmt 6333 E:\CR\FM\A27FE6.032 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S956 CONGRESSIONAL RECORD — SENATE February 27, 2013

Service Act), the Secretary shall solicit input (A) in the subparagraph heading, by striking ‘‘(4) REPORT.—Not later than 30 days after from the Assistant Secretary for Preparedness ‘‘DESIGNATED CONGRESSIONAL COMMITTEES’’ and any date on which the Secretary determines and Response regarding the need for and, from inserting ‘‘APPROPRIATE CONGRESSIONAL COM- that the amount of funds in the special reserve the Director of the Biomedical Advanced Re- MITTEES’’; and fund available for procurement is less than search and Development Authority regarding (B) by striking ‘‘the designated congressional $1,500,000,000, the Secretary shall submit to the the conduct of, pediatric studies under this sec- committees’’ and inserting ‘‘the appropriate con- appropriate committees of Congress a report de- tion.’’; and gressional committees’’; and tailing the amount of such funds available for (2) in subsection (n)(1), by adding at the end (5) in paragraph (7)(C)— procurement and the impact such reduction in the following: (A) in clause (i)(I), by inserting ‘‘including funding will have— ‘‘(C) For a drug that is a qualified counter- advanced research and development,’’ after ‘‘as ‘‘(A) in meeting the security countermeasure measure (as defined in section 319F–1 of the may reasonably be required,’’; needs identified under this section; and Public Health Service Act), a security counter- (B) in clause (ii)— ‘‘(B) on the annual Public Health Emergency measure (as defined in section 319F–2 of the (i) in subclause (III), by striking ‘‘eight Medical Countermeasures Enterprise and Strat- Public Health Service Act), or a qualified pan- years’’ and inserting ‘‘10 years’’; and egy Implementation Plan (pursuant to section demic or epidemic product (as defined in section (ii) by striking subclause (IX) and inserting 2811(d)). 319F–3 of such Act), in addition to any action the following: ‘‘(h) DEFINITIONS.—In this section: with respect to such drug under subparagraph ‘‘(IX) CONTRACT TERMS.—The Secretary, in ‘‘(1) The term ‘advanced research and devel- (A) or (B), the Secretary shall notify the Assist- any contract for procurement under this sec- opment’ has the meaning given such term in sec- ant Secretary for Preparedness and Response tion— tion 319L(a). and the Director of the Biomedical Advanced ‘‘(aa) may specify— ‘‘(2) The term ‘special reserve fund’ means the Research and Development Authority of all pe- ‘‘(AA) the dosing and administration require- ‘Biodefense Countermeasures’ appropriations diatric studies in the written request issued by ments for the countermeasure to be developed account, any appropriation made available pur- the Commissioner of Food and Drugs.’’. and procured; suant to section 521(a) of the Homeland Security Act of 2002, and any appropriation made avail- (b) ADDITION TO PRIORITY LIST CONSIDER- ‘‘(BB) the amount of funding that will be able pursuant to subsection (g)(1).’’. ATIONS.—Section 409I of the Public Health Serv- dedicated by the Secretary for advanced re- ice Act (42 U.S.C. 284m) is amended— search, development, and procurement of the SEC. 402. BIOMEDICAL ADVANCED RESEARCH (1) by striking subsection (a)(2) and inserting countermeasure; and AND DEVELOPMENT AUTHORITY. the following: ‘‘(CC) the specifications the countermeasure (a) DUTIES.—Section 319L(c)(4) of the Public Health Service Act (42 U.S.C. 247d–7e(c)(4)) is ‘‘(2) CONSIDERATION OF AVAILABLE INFORMA- must meet to qualify for procurement under a amended— TION.—In developing and prioritizing the list contract under this section; and (1) in subparagraph (B)(iii), by inserting under paragraph (1), the Secretary— ‘‘(bb) shall provide a clear statement of de- ‘‘(which may include advanced research and de- ‘‘(A) shall consider— fined Government purpose limited to uses re- velopment for purposes of fulfilling requirements ‘‘(i) therapeutic gaps in pediatrics that may lated to a security countermeasure, as defined under the Federal Food, Drug, and Cosmetic include developmental pharmacology, in paragraph (1)(B).’’; and Act or section 351 of this Act)’’ after ‘‘develop- pharmacogenetic determinants of drug response, (C) by adding at the end the following: ment’’; and metabolism of drugs and biologics in children, ‘‘(viii) FLEXIBILITY.—In carrying out this sec- (2) in subparagraph (D)(iii), by striking ‘‘and and pediatric clinical trials; tion, the Secretary may, consistent with the ap- vaccine manufacturing technologies’’ and in- ‘‘(ii) particular pediatric diseases, disorders or plicable provisions of this section, enter into serting ‘‘vaccine-manufacturing technologies, conditions where more complete knowledge and contracts and other agreements that are in the dose-sparing technologies, efficacy-increasing testing of therapeutics, including drugs and bio- best interest of the Government in meeting iden- technologies, and platform technologies’’. logics, may be beneficial in pediatric popu- tified security countermeasure needs, including (b) TRANSACTION AUTHORITIES.—Section lations; and with respect to reimbursement of the cost of ad- vanced research and development as a reason- 319L(c)(5) of the Public Health Service Act (42 ‘‘(iii) the adequacy of necessary infrastructure U.S.C. 247d–7e(c)(5)) is amended by adding at to conduct pediatric pharmacological research, able, allowable, and allocable direct cost of the contract involved.’’. the end the following: including research networks and trained pedi- ‘‘(G) GOVERNMENT PURPOSE.—In awarding atric investigators; and (b) REAUTHORIZATION OF THE SPECIAL RE- SERVE FUND.—Section 319F–2 of the Public contracts, grants, and cooperative agreements ‘‘(B) may consider the availability of qualified under this section, the Secretary shall provide a countermeasures (as defined in section 319F–1), Health Service Act (42 U.S.C. 247d–6b) is amend- ed— clear statement of defined Government purpose security countermeasures (as defined in section related to activities included in subsection 319F–2), and qualified pandemic or epidemic (1) in subsection (c)— (A) by striking ‘‘special reserve fund under (a)(6)(B) for a qualified countermeasure or products (as defined in section 319F–3) to ad- qualified pandemic or epidemic product.’’. dress the needs of pediatric populations, in con- paragraph (10)’’ each place it appears and in- serting ‘‘special reserve fund as defined in sub- (c) FUND.—Paragraph (2) of section 319L(d) of sultation with the Assistant Secretary for Pre- the Public Health Service Act (42 U.S.C. 247d– paredness and Response, consistent with the section (h)’’; and (B) by striking paragraphs (9) and (10); and 7e(d)(2)) is amended to read as follows: purposes of this section.’’; and ‘‘(2) FUNDING.—To carry out the purposes of (2) in subsection (b), by striking ‘‘subsection (2) by adding at the end the following: ‘‘(g) SPECIAL RESERVE FUND.— this section, there is authorized to be appro- (a)’’ and inserting ‘‘paragraphs (1) and (2)(A) of ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—In priated to the Fund $415,000,000 for each of fis- subsection (a)’’. addition to amounts appropriated to the special cal years 2014 through 2018, such amounts to re- (c) ADVICE AND RECOMMENDATIONS OF THE reserve fund prior to the date of the enactment main available until expended.’’. PEDIATRIC ADVISORY COMMITTEE REGARDING ONTINUED INAPPLICABILITY OF CERTAIN of this subsection, there is authorized to be ap- (d) C COUNTERMEASURES FOR PEDIATRIC POPU- PROVISIONS.—Section 319L(e)(1)(C) of the Public propriated, for the procurement of security LATIONS.—Subsection (b)(2) of section 14 of the Health Service Act (42 U.S.C. 247d–7e(e)(1)(C)) is countermeasures under subsection (c) and for Best Pharmaceuticals for Children Act (42 amended by striking ‘‘7 years’’ and inserting ‘‘12 carrying out section 319L (relating to the Bio- U.S.C. 284m note) is amended— years’’. medical Advanced Research and Development (1) in subparagraph (C), by striking the period (e) EXTENSION OF LIMITED ANTITRUST EXEMP- Authority), $2,800,000,000 for the period of fiscal and inserting ‘‘; and’’; and TION.— years 2014 through 2018. Amounts appropriated (2) by adding at the end the following: (1) IN GENERAL.—Section 405(b) of the Pan- ‘‘(D) the development of countermeasures (as pursuant to the preceding sentence are author- demic and All-Hazards Preparedness Act (42 defined in section 565(a) of the Federal Food, ized to remain available until September 30, U.S.C. 247d–6a note) is amended by striking ‘‘6- Drug, and Cosmetic Act) for pediatric popu- 2019. year’’ and inserting ‘‘12-year’’. ‘‘(2) USE OF SPECIAL RESERVE FUND FOR AD- lations.’’. (2) EFFECTIVE DATE.—This subsection shall VANCED RESEARCH AND DEVELOPMENT.—The Sec- TITLE IV—ACCELERATING MEDICAL take effect as if enacted on December 17, 2012. retary may utilize not more than 50 percent of (f) INDEPENDENT EVALUATION.—Section 319L COUNTERMEASURE ADVANCED RE- the amounts authorized to be appropriated of the Public Health Service Act (42 U.S.C. 247d– SEARCH AND DEVELOPMENT under paragraph (1) to carry out section 319L 7e) is amended by adding at the end the fol- SEC. 401. BIOSHIELD. (related to the Biomedical Advanced Research lowing: (a) PROCUREMENT OF COUNTERMEASURES.— and Development Authority). Amounts author- ‘‘(f) INDEPENDENT EVALUATION.— Section 319F–2(c) of the Public Health Service ized to be appropriated under this subsection to ‘‘(1) IN GENERAL.—Not later than 180 days Act (42 U.S.C. 247d–6b(c)) is amended— carry out section 319L are in addition to after the date of enactment of this subsection, (1) in paragraph (1)(B)(i)(III)(bb), by striking amounts otherwise authorized to be appro- the Comptroller General of the United States ‘‘eight years’’ and inserting ‘‘10 years’’; priated to carry out such section. shall conduct an independent evaluation of the (2) in paragraph (2)(C), by striking ‘‘the des- ‘‘(3) RESTRICTIONS ON USE OF FUNDS.— activities carried out to facilitate flexible manu- ignated congressional committees (as defined in Amounts in the special reserve fund shall not be facturing capacity pursuant to this section. paragraph (10))’’ and inserting ‘‘the appropriate used to pay costs other than payments made by ‘‘(2) REPORT.—Not later than 1 year after the committees of Congress’’; the Secretary to a vendor for advanced develop- date of enactment of this subsection, the Comp- (3) in paragraph (5)(B)(ii), by striking ‘‘eight ment (under section 319L) or for procurement of troller General of the United States shall submit years’’ and inserting ‘‘10 years’’; a security countermeasure under subsection to the appropriate committees of Congress a re- (4) in subparagraph (C) of paragraph (6)— (c)(7). port concerning the results of the evaluation

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00076 Fmt 0624 Sfmt 6333 E:\CR\FM\A27FE6.032 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — SENATE S957 conducted under paragraph (1). Such report SEC. 404. NATIONAL BIODEFENSE SCIENCE The PRESIDING OFFICER. The shall review and assess— BOARD. clerk will report the resolution by ‘‘(A) the extent to which flexible manufac- Section 319M(a) of the Public Health Service Act (42 U.S.C. 247d–f(a)) is amended— title. turing capacity under this section is dedicated The legislative clerk read as follows: to chemical, biological, radiological, and nu- (1) in paragraph (2)— clear threats; (A) in subparagraph (D)— A resolution (S. Res. 62) to authorize the ‘‘(B) the activities supported by flexible manu- (i) in clause (i), by striking ‘‘and’’ at the end; production of records by the Permanent Sub- facturing initiatives; and (ii) in clause (ii), by striking the period and committee on Investigations of the Com- ‘‘(C) the ability of flexible manufacturing ac- inserting a semicolon; and mittee on Homeland Security and Govern- tivities carried out under this section to— (iii) by adding at the end the following: mental Affairs. ‘‘(iii) one such member shall be an individual ‘‘(i) secure and leverage leading technical ex- There being no objection, the Senate pertise with respect to countermeasure advanced with pediatric subject matter expertise; and ‘‘(iv) one such member shall be a State, tribal, proceeded to the resolution. research, development, and manufacturing proc- Mr. REID. I ask unanimous consent esses; and territorial, or local public health official.’’; and ‘‘(ii) meet the surge manufacturing capacity (B) by adding at the end the following flush that the resolution be agreed to and needs presented by novel and emerging threats, sentence: the motions to reconsider be laid upon ‘‘Nothing in this paragraph shall preclude a including chemical, biological, radiological, and the table, with no intervening action member of the Board from satisfying two or nuclear agents.’’. or debate. more of the requirements described in subpara- (g) DEFINITIONS.— graph (D).’’; and The PRESIDING OFFICER. Without (1) QUALIFIED COUNTERMEASURE.—Section objection, it is so ordered. 319F–1(a)(2)(A) of the Public Health Service Act (2) in paragraph (5)— (A) in subparagraph (B), by striking ‘‘and’’ at The resolution (S. Res. 62) was agreed (42 U.S.C. 247d–6a(a)(2)(A)) is amended— (A) in the matter preceding clause (i), by the end; to. (B) in subparagraph (C), by striking the pe- striking ‘‘to—’’ and inserting ‘‘—’’; (The resolution is printed in today’s riod and inserting ‘‘; and’’; and (B) in clause (i)— RECORD under ‘‘Submitted Resolu- (i) by striking ‘‘diagnose’’ and inserting ‘‘to (C) by adding at the end the following: ‘‘(D) provide any recommendation, finding, or tions.’’) diagnose’’; and f (ii) by striking ‘‘; or’’ and inserting a semi- report provided to the Secretary under this colon; paragraph to the appropriate committees of ORDERS FOR THURSDAY, Congress.’’. (C) in clause (ii)— FEBRUARY 28, 2013 (i) by striking ‘‘diagnose’’ and inserting ‘‘to Mr. REID. Mr. President, I ask unan- diagnose’’; and imous consent that the committee-re- Mr. REID. Mr. President, I ask unan- (ii) by striking the period at the end and in- ported substitute be agreed to, the bill, imous consent that when the Senate serting ‘‘; or’’; and as amended, be read a third time and completes its business today, it ad- (D) by adding at the end the following: journ until 10 a.m., Thursday, February ‘‘(iii) is a product or technology intended to passed, and the motion to reconsider be made and laid upon the table with no 28, 2013; that following the prayer and enhance the use or effect of a drug, biological pledge, the morning hour be deemed product, or device described in clause (i) or intervening action or debate. (ii).’’. The PRESIDING OFFICER. Without expired, the Journal of proceedings be (2) QUALIFIED PANDEMIC OR EPIDEMIC PROD- objection, it is so ordered. approved to date, and the time for the UCT.—Section 319F–3(i)(7)(A) of the Public The committee-reported substitute two leaders be reserved for their use Health Service Act (42 U.S.C. 247d–6d(i)(7)(A)) is was agreed to. later in the day; that following any amended— The amendment was ordered to be leader remarks, the Senate proceed to (A) in clause (i)(II), by striking ‘‘; or’’ and in- engrossed and the bill to be read the a period of morning business for 1 hour serting ‘‘;’’; with Senators permitted to speak (B) in clause (ii), by striking ‘‘; and’’ and in- third time and passed. serting ‘‘; or’’; and The bill (H.R. 307), as amended, was therein for up to 10 minutes each, with (C) by adding at the end the following: read the third time and passed. the time equally divided and controlled ‘‘(iii) a product or technology intended to en- f between the two leaders or their des- hance the use or effect of a drug, biological ignees, with the Republicans control- product, or device described in clause (i) or (ii); READ ACROSS AMERICA DAY ling the first half and the majority and’’. Mr. REID. Mr. President, I ask unan- controlling the final half; further, that (3) TECHNICAL AMENDMENTS.—Section 319F– imous consent that the Senate proceed following morning business, the Senate 3(i) of the Public Health Service Act (42 U.S.C. to the consideration of S. Res. 61, resume consideration of the motion to 247d–6d(i)) is amended— (A) in paragraph (1)(C), by inserting ‘‘, 564A, which was submitted earlier today. proceed to S. 388, the American Family or 564B’’ after ‘‘564’’; and The PRESIDING OFFICER. The Economic Protection Bill. (B) in paragraph (7)(B)(iii), by inserting ‘‘, clerk will report the resolution by The PRESIDING OFFICER. Without 564A, or 564B’’ after ‘‘564’’. title. objection, it is so ordered. SEC. 403. STRATEGIC NATIONAL STOCKPILE. The legislative clerk read as follows: f Section 319F–2 of the Public Health Service A resolution (S. Res. 61) designating March Act (42 U.S.C. 247d–6b) is amended— 1, 2013, as ‘‘Read Across America Day.’’ PROGRAM (1) in subsection (a)— There being no objection, the Senate Mr. REID. Mr. President, at a time to (A) in paragraph (1)— be determined, there will be two clo- (i) by inserting ‘‘consistent with section 2811’’ proceeded to consider the resolution. before ‘‘by the Secretary to be appropriate’’; and Mr. REID. I ask unanimous consent ture votes on motions to proceed to se- (ii) by inserting before the period at the end of that the resolution be agreed to, the questration-related bills offered by the the second sentence the following: ‘‘and shall preamble be agreed to, and the motions majority leader and Republican leader, submit such review annually to the appropriate to reconsider be laid upon the table respectively. Senators will be notified congressional committees of jurisdiction to the with no intervening action or debate. when those votes are scheduled. extent that disclosure of such information does The PRESIDING OFFICER. Without f not compromise national security’’; and objection, it is so ordered. (B) in paragraph (2)(D), by inserting before ADJOURNMENT UNTIL 10 A.M. The resolution (S. Res. 61) was agreed the semicolon at the end the following: ‘‘and TOMORROW that the potential depletion of countermeasures to. currently in the stockpile is identified and ap- The preamble was agreed to. Mr. REID. Mr. President, if there is propriately addressed, including through nec- (The resolution, with its preamble, is no further business to come before the essary replenishment’’; and printed in today’s RECORD under ‘‘Sub- Senate, I ask unanimous consent it ad- (2) in subsection (f)(1), by striking mitted Resolutions.’’) journ under the previous order. ‘‘$640,000,000 for fiscal year 2002, and such sums f There being no objection, the Senate, as may be necessary for each of fiscal years 2003 at 6:59 p.m., adjourned until Thursday, through 2006. Such authorization is in addition AUTHORIZING THE PRODUCTION February 28, 2013, at 10 a.m. to amounts in the special reserve fund referred OF RECORDS to in subsection (c)(10)(A).’’ and inserting f Mr. REID. Mr. President, I ask unan- ‘‘$533,800,000 for each of fiscal years 2014 NOMINATIONS through 2018. Such authorization is in addition imous consent that the Senate proceed to amounts in the special reserve fund referred to the immediate consideration of S. Executive nominations received by to in subsection (h).’’. Res. 62, submitted earlier today. the Senate:

VerDate Mar 15 2010 04:22 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00077 Fmt 0624 Sfmt 9801 E:\CR\FM\A27FE6.032 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE S958 CONGRESSIONAL RECORD — SENATE February 27, 2013

CORPORATION FOR PUBLIC BROADCASTING IN THE NAVY RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JANNETTE LAKE DATES, OF MARYLAND, TO BE A MEM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BER OF THE BOARD OF DIRECTORS OF THE CORPORA- IN THE TO THE GRADE INDICATED To be colonel TION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TIMOTHY L. ADAMS JANUARY 31, 2016, VICE ERNEST J. WILSON, III, TERM EX- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MICHAEL J. ATCHESON PIRED. To be vice admiral BENJAMIN T. BREWER BRUCE M. RAMER, OF CALIFORNIA, TO BE A MEMBER ALEJANDRO P. BRICENO OF THE BOARD OF DIRECTORS OF THE CORPORATION REAR ADM. BRUCE E. GROOMS DOUGLAS B. BRUUN FOR PUBLIC BROADCASTING FOR A TERM EXPIRING JAN- IN THE AIR FORCE DAVID CARBONERO UARY 31, 2018. (REAPPOINTMENT) ERIC R. CASEY UNITED STATES INSTITUTE OF PEACE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STANTON L. CHAMBERS TO THE GRADES INDICATED IN THE UNITED STATES AIR RICHARD J. COATES, JR. STEPHEN J. HADLEY, OF THE DISTRICT OF COLUMBIA, FORCE UNDER TITLE 10, U.S.C., SECTION 624: ERIC M. DIFRANCESCO TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE PAUL C. FAGAN UNITED STATES INSTITUTE OF PEACE FOR A TERM OF To be lieutenant colonel MARK C. GERHARD FOUR YEARS, VICE JUDY VAN REST, TERM EXPIRED. ALEXANDER M. ARCHIBALD III SCOTT W. GRANDGEORGE DAVID E. GRIBBLE DEPARTMENT OF THE INTERIOR BENJAMIN C. BOTH ROMEL L. JARAMILLO MICHAEL C. GRIFFIN MARTIN T. GRIFFITH VINCENT G. LOGAN, OF NEW YORK, TO BE SPECIAL To be major TRUSTEE, OFFICE OF SPECIAL TRUSTEE FOR AMERICAN ARTURO G. HERNANDEZ INDIANS, DEPARTMENT OF THE INTERIOR, VICE ROSS FRANCIS S. BEAUDOIN PAUL A. KONOPKA OWEN SWIMMER, RESIGNED. JOHN L. DECKER PAUL D. KOVAC AMY E. MCDANIEL KERRY G. KRELL DEPARTMENT OF STATE TIMOTHY Y. SALAM MARC C. LANGEVIN RORY S. LANGRAN GEOFFREY R. PYATT, OF CALIFORNIA, A CAREER MEM- IN THE ARMY ANTHONY E. LANZA BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- STEPHEN A. LAWSON ISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE FOLLOWING NAMED OFFICER FOR REGULAR AP- EDWIN H. LOWSMA DINARY AND PLENIPOTENTIARY OF THE UNITED STATES POINTMENT IN THE GRADE INDICATED IN THE UNITED STEVEN P. MANBER OF AMERICA TO UKRAINE. STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: MORGAN G. MANN FOREIGN SERVICE To be major GREGORY C. MCCARTHY KEVIN A. MCCOWN THE FOLLOWING–NAMED PERSONS OF THE DEPART- MICHAEL J. BURKE ADAM N. MCKEOWN MENT OF COMMERCE FOR PROMOTION WITHIN AND INTO THE FOLLOWING NAMED ARMY NATIONAL GUARD OF KENNETH L. MCROSTIE THE SENIOR FOREIGN SERVICE TO THE CLASS INDI- THE UNITED STATES OFFICER FOR APPOINTMENT TO CARLOS L. OLIVO CATED: THE GRADE INDICATED IN THE RESERVE OF THE ARMY JOSEPH V. ORSI III CAREER MEMBER OF THE SENIOR FOREIGN SERVICE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ANDREW J. PAIGE OF THE UNITED STATES OF AMERICA, CLASS OF MIN- ERIK T. PETERSON ISTER–COUNSELOR: To be colonel THOMAS D. PLEITGEN MARGARET A. HANSON–MUSE, OF MARYLAND CHARLES A. SLANEY WALTER D. POWERS JAVIER T. RAMOS JOHN M. MCCASLIN, OF OHIO THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- PATRICK O. SANTILLO, OF MARYLAND ALEX M. RAY POINTMENT IN THE GRADE INDICATED IN UNITED DAVID V. READY CAREER MEMBER OF THE SENIOR FOREIGN SERVICE STATES ARMY JUDGE ADVOCATE GENERAL’S CORPS JULIE C. SCHAFFER OF THE UNITED STATES OF AMERICA, CLASS OF COUN- UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: MARK E. SEILHAMER SELOR: To be major MARK A. SEXTON DAVID L. GOSSACK, OF WASHINGTON PETER P. SHACKLETTE SARAH E. KEMP, OF WASHINGTON SARA L. CARLSON TIMOTHY E. SHANAHAN JONATHAN A. NEWSOM SANJEEV SHINDE IN THE AIR FORCE DAVID R. TRAINOR WILLIAM E. SOUZA III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- JOHN A. SPEICHER IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- POINTMENT IN THE GRADES INDICATED IN THE UNITED RONALD A. STEPHENS CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: JAMES W. THOMAS, JR. MICHAEL H. TORREY AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be colonel 601: JEFFREY M. VERRANT JAMES W. NESS DANIEL K. WARD To be lieutenant general LEON L. ROBERT CHRISTOPHER J. WARNKE MICHAEL J. ROGERS MICHAEL P. WASTILA LT. GEN. JOHN E. HYTEN LEE C. WHALEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant colonel JAMES R. WILLSEA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE RANDY R. COTE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION CHRISTOPHER HEMPEL f 601: CHRISTINE M. NELSONCHUNG SHONNEIL W. SEVERNS To be lieutenant general CLIFTON B. TROUT GERARD A. VAVRINA CONFIRMATION MAJ. GEN. TOD D. WOLTERS To be major Executive nomination confirmed by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ZACHARY T. IRVINE the Senate February 27, 2013: CATED UNDER TITLE 10, U.S.C., SECTION 601: IN THE MARINE CORPS DEPARTMENT OF THE TREASURY To be lieutenant general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JACOB J. LEW, OF NEW YORK, TO BE SECRETARY OF MAJ. GEN. MICHELLE D. JOHNSON TO THE GRADE INDICATED IN THE UNITED STATES MA- THE TREASURY.

VerDate Mar 15 2010 03:09 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00078 Fmt 0624 Sfmt 9801 E:\CR\FM\A27FE6.003 S27FEPT1 smartinez on DSK6TPTVN1PROD with SENATE February 27, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E197 EXTENSIONS OF REMARKS

ACADEMIC COMPETITION In 1936, the Burbank Coordinating Council built their first and only home in 1958. There, RESOLUTION OF 2013 began a program to provide scholarships to on Abbington Avenue in the Town of Tona- needy children from low-income families to at- wanda, they raised three children, and lived SPEECH OF tend a week of resident or day camp during together until Barbara passed away in 2006. HON. EDWARD R. ROYCE summer. This camp experience gives children In 1973, Bill began his tenure on the Tona- OF CALIFORNIA an opportunity to make new friends, build self- wanda Town Board, serving as chairman of IN THE HOUSE OF REPRESENTATIVES confidence, relax and, of course, ‘‘just be the Youth, Parks, and Recreation Department. kids.’’ Today, the Burbank Coordinating Coun- As a councilman, he was innovative both in vi- Tuesday, February 26, 2013 cil sends anywhere from 50 to 200 children to sion and method, working tirelessly to bring Mr. ROYCE. Mr. Speaker, as an original co- camp each year. progressive, utilitarian recreational facilities sponsor of the Academic Competition Resolu- Since 1946, the Burbank Coordinating and programs to Tonawanda. Inspired by his tion (H. Res 77), I rise to express my strong Council has prepared and delivered hundreds family summers at Crystal Beach, Bill believed support for the Congressional Academic Com- of Christmas baskets to families in need that all people, not just country–club members, petition for STEM Education. I believe this throughout the City of Burbank. These bas- should have access to high–quality rec- new and innovative program promotes entre- kets, filled with food and gifts, are assembled reational facilities. He understood that spaces preneurship while engaging students in with love and with the goal of making a posi- for public recreation form the fabric of close– Science, Technology, Engineering and Math tive difference in peoples’ lives. This effort has knit communities by giving neighbors opportu- (STEM). grown tremendously over time, from serving a nities to come together. With the increasing demand for students to few families when it first began to now serving Bill was instrumental in countless projects, focus on STEM fields, it is important for stu- over 550 families annually, in what is now including adding roofs to the Lincoln and dents to get involved, compete, and further called ‘‘Holiday Baskets’’. Brighton ice arenas, replacing a deteriorating their scientific knowledge. This Congressional This remarkable organization always lends a pool with the new Aquatic and Fitness Center, competition will prepare future generations to helping hand to those in need of food, shelter, the Senior Citizens Center on Ensminger better understand the world and technological counseling, or other assistance. The time, en- Road, the construction of a boat launch and progress. Since technology evolves rapidly, ergy and resources that the volunteers of the docks on the Niagara River, the Paddock Golf this competition reflects the fast pace of devel- Burbank Coordinating Council provide to the Dome, a driving range, and lighted baseball opments in these cutting edge fields. City of Burbank is extraordinary, and so many fields. Over his years of service, he earned The Congressional Academic Competition needy residents have benefited greatly from the nickname ‘‘Mr. Recreation’’ from his col- for STEM will first focus on developing mobile the generosity of the Burbank Coordinating leagues for his inimitable work. By the time he applications for phones, tablets and other Council. I ask all Members to join with me in retired in 2002, Bill was deputy town super- computer devices. As time progresses, it has commending the Burbank Coordinating Coun- visor. been constructed to evolve to meet future cil for eighty years of dedicated service to the In addition to his time on the town board, STEM needs whether it be technological appli- City of Burbank. Bill worked in the credit department at Na- cations or future inventions. f tional Gypsum and as an administrator at I am excited to see what students across many area hospitals. His devotion to good America will invent and I look forward to the HONORING THE LIFE OF E. works extended to his personal life. He was a creative breakthroughs and scientific advance- WILLIAM MILLER founding member and strong supporter of the ments this competition will fuel. I encourage Ken–Ton YMCA, and a lifelong member of the my colleagues to support this initiative, which HON. BRIAN HIGGINS Deerhurst Presbyterian Church. Politically, he seeks to inspire our future generations to lead OF NEW YORK was a long–time member of the Ken–Ton Re- through innovation. publican Party. IN THE HOUSE OF REPRESENTATIVES f Mr. Speaker, I ask that you join me in ex- Wednesday, February 27, 2013 pressing our deepest condolences to the fam- A TRIBUTE TO THE BURBANK CO- ily, friends and colleagues of Mr. Bill Miller, es- ORDINATING COUNCIL’S 80TH AN- Mr. HIGGINS. Mr. Speaker, today I rise to pecially his daughter, Lynda Vandermeer, and NIVERSARY honor the life of Mr. E. William Miller, who passed away last Friday, February 22nd, 2013 son, Gary. Like so many of his neighbors and at the age of 86. A family man and veteran friends, I am grateful for his many years of HON. ADAM B. SCHIFF who served many years as the chairman of service to the Town of Tonawanda and West- OF CALIFORNIA the Town of Tonawanda’s Youth, Parks and ern New York. IN THE HOUSE OF REPRESENTATIVES Recreation Department, Bill dedicated his ca- f Wednesday, February 27, 2013 reer to bringing quality public facilities and ac- SHELBY V. HOLDER AND THE Mr. SCHIFF. Mr. Speaker, I rise today to tivities to the people of Tonawanda. VOTING RIGHTS ACT pay special tribute to the Burbank Coordi- Bill was born in Buffalo, New York, on May nating Council as it celebrates its eightieth an- 4th, 1926, and lived most of his childhood in HON. BARBARA LEE niversary. Kenmore. Upon graduating in 1944 from the OF CALIFORNIA Since 1933, the Burbank Coordinating newly built Kenmore High School, he was IN THE HOUSE OF REPRESENTATIVES Council—comprised of volunteers from city de- drafted to serve our country in World War II. partments, businesses, PTAs, service organi- While in the Army, Bill fought in Belgium, Wednesday, February 27, 2013 zations, and schools—has been dedicated to France, and Germany, rising to the rank of Ms. LEE of California. Mr. Speaker, today serving the needs of Burbank by creating nu- staff sergeant before his discharge in 1946. the Supreme Court heard arguments in Shelby merous programs to benefit the community. During his first summer home from battle, he County, Alabama vs. Holder. This case pre- The Burbank Coordinating Council founded met his future wife, Barbara Frost, at Crystal sents a direct threat to Section Five of the many programs to serve the community, in- Beach, a popular summer retreat for Western Voting Rights Acts of 1965—the most effective cluding the school crossing guards program New Yorkers in Ontario, Canada. Bill and Bar- civil rights legislation ever enacted by Con- called ‘‘Safety Sallies,’’ community forums to bara married in 1950. gress. allow the residents’ voices to be heard regard- After graduating from Hobart College in The Voting Rights Act of 1965 was passed ing public issues, Senior and Youth boards to 1951, Bill accepted a job installing telephone just one year after I graduated high school. better understand the needs of seniors and poles for the New York Telephone Company, I was born and raised in El Paso, Texas, youth, Foster Home Studies, and Books for and the couple moved to Dunkirk. Five years and I vividly remember the days of Jim Crow, Korea. later, they returned to the Buffalo area, and segregation, and the poll tax.

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

VerDate Mar 15 2010 04:38 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.001 E27FEPT1 jbell on DSK7SPTVN1PROD with REMARKS E198 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2013 Even now, in 2012, discrimination is still HONORING KARI GRACE MORK grow our economy, develop our energy re- haunting us. sources and advance our relations with Eu- It’s not in the form of a poll tax, but it’s in HON. JEB HENSARLING rope and our neighbors. But Armenia also has the cost of waiting in line for 7,8, 9 hours just OF TEXAS a stake in peace with Azerbaijan. The country to vote. IN THE HOUSE OF REPRESENTATIVES is isolated in the region largely because of this conflict. It is excluded from all regional infra- We should be making it easier for everyone Wednesday, February 27, 2013 to participate in the democratic process, not structure and energy projects, such as the oil harder. Mr. HENSARLING. Mr. Speaker, today, I and gas pipelines passing from the Caspian honor a mother and her child. Sea to Turkey and Europe via Georgia, as We still need the Voting Rights Act. A member of my staff recently gave birth to well as a new railroad line between Azerbaijan We still need to be vigilant about protecting her daughter, who had a fatal birth defect and and Turkey through Georgia, to be inaugu- our full democratic right to vote. could not survive outside of the womb. rated this year. When we can agree on lasting That right is the heart and soul of our de- This absolutely devastating condition unfor- peace, Armenia could become a stakeholder mocracy, and we must defend it. tunately happens to many children each year. in these regional projects.’’ We will not go back. We rarely hear of these cases, though, be- A peaceful resolution of this conflict would Should the Supreme Court rule against the cause such pregnancies are often terminated. benefit not only Azerbaijan and Armenia, but Justice Department and overturn this impor- But there are also many mothers who would ensure security and economic growth tant legislation, minority communities will lose choose to carry their sons and daughters to for the South Caucasus region. these vital voting protections. term—providing nourishment and the most f loving home possible here on earth. Today, I attended a rally with my colleagues This child had a name—Kari Grace. And RECOGNIZING HEATHER ERICKSON in the Congressional Black, Hispanic, and she had a mom, Kirsten, and dad, David. AS THE 2013 OKALOOSA COUNTY, Asian American and Pacific Islander Caucuses That is why I am sharing this story today— FLORIDA TEACHER OF THE outside the Supreme Court as oral arguments so that other women might hear it, and might YEAR are delivered. feel that they are not alone, and know that Many of us were part of the 390–33 major- caring for their child is an act of pure, unself- HON. JEFF MILLER ity—along with 98 Senators—who voted to re- ish love worthy of recognition. OF FLORIDA authorize the Voting Rights Act in 2006. Most of us will never meet these children. IN THE HOUSE OF REPRESENTATIVES After an exhaustive review that lasted al- But they exist, and we will forever be touched Wednesday, February 27, 2013 most a year, including 21 hearings, testimony by the grace of knowing that a life was cre- from over 90 witnesses, and over 15,000 ated and a mother was made. Mr. MILLER of Florida. Mr. Speaker, I rise pages of evidence, Congress came to a nearly Thank you, Kirsten, for displaying such today to recognize Ms. Heather Erickson as unanimous decision that protections are still strength and love to a world that doesn’t al- the 2013 Okaloosa County, Florida Teacher of needed to preserve the voting rights of ALL ways recognize it. And to Kari Grace—please the Year. For eight years, Ms. Erickson has Americans. know you created a great mom, and that you been an inspiration to her students, her col- After all, it is this right that lies at the very will always be loved and remembered. leagues, and her community, and I am hon- heart of our democracy. f ored to recognize her success and myriad of achievements. The Voting Rights Act is routinely used to REMEMBERING THE 21ST ANNI- After receiving her bachelor’s degree in protect voters against efforts to dilute or sup- VERSARY OF THE KHOJALY Education from William Smith College in 2005, press their vote. Section five is a critical tool TRAGEDY Ms. Erickson moved to Northwest Florida to to protect Americans whose voting rights con- begin her teaching career. After teaching kin- tinue to be threatened to this day. I am certain dergarten and second grade at Holley-Navarre that the Supreme Court will uphold the will of HON. Primary School for six years, Ms. Erickson Congress, and respect the overwhelming evi- OF ARIZONA joined Elliot Point Elementary School, where dence and comprehensive review that led to IN THE HOUSE OF REPRESENTATIVES she currently serves as a kindergarten teach- President George W. Bush reauthorizing the Wednesday, February 27, 2013 er. Voting Rights Act in 2006. Mr. PASTOR of Arizona. Mr. Speaker, I rise Northwest Florida has been blessed with an Voting is at the heart of our democracy and today to remember the 21st Anniversary of the abundance of exemplary educators who teach we must constantly fight to protect it when it Khojaly Tragedy, which occurred in this small students of all ages. As a kindergarten teach- is threatened. town in the Nagorno-Karabakh region of Azer- er, Ms. Erickson understands and values the We have come a long way because of the baijan on February 25–26, 1992. In the early critical role she plays in the journey and devel- work and sacrifice of millions who came be- 1990s, Azerbaijan was involved in a brutal opment of her young students. Throughout her fore. conflict with its neighbor to the West, Armenia, teaching career, Ms. Erickson has shown an We encourage and support democratic and the repercussions from atrocities com- unwavering commitment to inspiring her stu- movements around the world, yet here in our mitted during that time still impact diplomatic dents and pushing them to their highest poten- country these rights are being eroded each and economic relations today. The Khojaly tial. Most recently, she has demonstrated her and every day. Tragedy is perhaps the worst single incident leadership as Data Team leader, and she has Far too many have shed their blood and that occurred during this time, resulting in hun- made a tremendous impact on Elliot Point Ele- shed their tears. dreds of lives lost, families devastated, and mentary. the town destroyed. Outside of her classroom, Ms. Erickson So we must protect the most valuable right, Since a cease-fire was negotiated in 1994, dedicates her time and teaching experience to the most central right, the right that makes these two nations have been locked in a dis- mentor other teachers and support school ac- America the nation that it is: the right to vote. pute over the Nagorno-Karabakh region, lo- tivities. In addition to her involvement at Elliot I call on every American to stand up and cated within Azerbaijan but occupied by Arme- Point Elementary, Ms. Erickson is a member join us in the call to protect the right of every nian forces. The Minsk Group of the Organiza- of the Okaloosa County Educations Associa- American to cast their vote. tion for Security and Cooperation in Europe, of tions, as well as, the National Educators Asso- As our great Drum Major for Justice, Dr. which the United States is a co-chair, was cre- ciation. King once said: ‘‘Voting is the foundation ated to encourage a peaceful, negotiated res- Ms. Erickson has been widely recognized stone for political action.’’ Truly, our votes are olution to this conflict, yet work remains in and honored for her years of exemplary work, the bedrock of democracy. We will not bow to reaching this goal. dedication, and inspiration as an educator. voter suppression. These are our rights. We In December 2012, Azerbaijani Foreign Min- She was awarded both the Holley-Navarre Pri- will not budge. ister Mammadyarov addressed this situation mary School Teacher of the Year, as well as, As we pursue the Founding Father’s vision as follows: ‘‘As a result, our relations with Ar- the Elliot Point Teacher of the Year. In both of a more perfect union, I am proud to stand menia are practically nonexistent. There is 2007 and 2009, Ms. Erickson was a recipient with my Congressional Black Caucus col- also a distinct lack of economic cooperation of the Santa Rosa Education Foundation leagues in defense of this critical tool for our and trade between our two countries. Azer- Grant, which she utilized to improve the read- democratic republic. baijan wants peace so that we can continue to ing and math curricula in the community.

VerDate Mar 15 2010 04:38 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K27FE8.003 E27FEPT1 jbell on DSK7SPTVN1PROD with REMARKS February 27, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E199 While Ms. Erickson is an exceptional educator, live. Today, Three Rocks has about 230 resi- pecially the residents of the 51st Congres- she credits her success and achievements to dents. sional District, I have joined with my col- the amazing students she has had the privi- Raymond had an ingenious idea, and he leagues to call on the House Republican lead- lege of teaching. The most rewarding aspect made it into a reality. He truly achieved the ership to do what is right for our Nation’s of her profession is that she is able to watch ‘‘American Dream.’’ Raymond’s children, 17 economy, security and families and take ac- her students grow as they learn. grandchildren, and 31 great-grandchildren tion this week on a balanced plan to avert Mr. Speaker, I am proud to recognize have an outstanding role model that they will these damaging and mindless spending cuts. Heather Erickson as the Okaloosa County, hold in their hearts forever. The Office of Management and Budget re- Florida Teacher of the Year and thank her for Mr. Speaker, it is with great respect that I leased a report earlier this week that substan- her commitment to service to Northwest Flor- ask my colleagues in the House of Represent- tiates many of the devastating and widespread ida. My wife Vicki joins me in congratulating atives to pay tribute to the life of Raymond impacts that sequestration will have on local Ms. Erickson, and we wish her all the best. Minnite. His presence will be greatly missed, communities in California, several of which are f but his legacy will surely live on in Fresno included below: County. Military Readiness and Jobs: In California, PERSONAL EXPLANATION approximately 64,000 civilian Department of f Defense employees would be furloughed, re- HON. GUS M. BILIRAKIS HONORING DONALD AND BARBARA ducing gross pay by around $399.4 million in HORAN OF FLORIDA total. My district includes portions of San Diego, which has one of the largest military IN THE HOUSE OF REPRESENTATIVES HON. LUKE MESSER presences in the Nation and is the head- Wednesday, February 27, 2013 quarters for the Navy Region Southwest. OF INDIANA These cuts to defense spending will cause the Mr. BILIRAKIS. Mr. Speaker, on Tuesday, IN THE HOUSE OF REPRESENTATIVES February 26, 2013, I missed rollcall votes 48, maintenance and repair of ships and aircraft to 49, and 50 for unavoidable reasons. Had I Wednesday, February 27, 2013 be cancelled, putting at risk the safety and se- been present, I would have voted as follows: Mr. MESSER. Mr. Speaker, I rise today to curity of our men and women in uniform. As Rollcall No. 48: ‘‘nay’’ (On motion to ad- honor the memory of my constituents, Donald nearly 25% of the jobs in San Diego County journ.); Rollcall No. 49: ‘‘yea’’ (On motion to and Barbara Horan of Greensburg, Indiana. are directly connected to the defense industry, suspend the rules and pass H. Res. 77, the Don and Barb were married and actively in- these brutal cuts will cause extraordinary harm Academic Competition Resolution of 2013.); volved in their church and community. After to the struggling economy and put thousands Rollcall No. 50: ‘‘yea’’ (On approving the Jour- working with several local businesses, Don ac- of jobs at risk. nal). quired Collection Associates Incorporated and Job Search Assistance: Around 130,000 fewer Californians will get the help and skills f developed it into a thriving business. Don served on the Decatur County Fair Board, they need to find employment as California will HONORING THE LIFE OF RAYMOND Greensburg Redevelopment Board, and the lose about $3.3 million for job search assist- MINNITE Decatur County Community Foundation. Barb ance, referral, and placement. My district in- volunteered with Tri Kappa and the Decatur cludes Imperial County which suffers from one HON. JIM COSTA county YMCA Board, among others. They of the highest unemployment rates in the Na- tion, nearly 30%. My constituents cannot af- OF CALIFORNIA were both actively involved in St. Mary’s Catholic Church and the Archdiocese of Indi- ford to lose critical employment assistance. IN THE HOUSE OF REPRESENTATIVES Nutrition for Seniors: California would lose anapolis. Wednesday, February 27, 2013 approximately $5.4 million to help provide Don and Barb will forever be remembered meals for seniors. Many of our seniors live on Mr. COSTA. Mr. Speaker, I rise today to as devoted parents to their daughters and life- limited fixed incomes and rely on these pro- pay to tribute to the life of Raymond Minnite, long friends of their community. I ask the en- grams to help provide basic necessities. We who lived a long and fulfilling life of 95 years. tire 6th Congressional District to keep their cannot sit here on our hands and allow our As founder of the town of Three Rocks in Cali- four daughters Rebecca, Olivia, Regan, and fornia, Raymond was a true supporter and ad- seniors to go hungry. Adrienne, along with the entire extended Child Care: Up to 2,000 disadvantaged and vocate for our Central Valley. His kind heart Horan family, in your thoughts and prayers. vulnerable children could lose access to child and generosity will be greatly missed. f care, which is also essential for working par- Raymond was born into a large family with OPPOSITION TO SEQUESTRATION ents to hold down a job. nine brothers and sisters. His parents were Vaccines for Children: In California around first generation immigrants from Italy. Growing 15,810 fewer children will receive vaccines for up in an immigrant family of 12, Raymond HON. JUAN VARGAS diseases such as measles, mumps, rubella, quickly developed great values and principles. OF CALIFORNIA tetanus, whooping cough, influenza, and Hep- He knew the importance of treating others with IN THE HOUSE OF REPRESENTATIVES atitis B due to reduced funding for vaccina- respect, compassion, and consideration. Ray- Wednesday, February 27, 2013 tions. It is callous and unacceptable to put the mond’s charitable acts were witnessed by health and safety of our children at risk. many because helping those in need was es- Mr. VARGAS. Mr. Speaker, I rise today in Public Health: California will lose approxi- sential to him. strong opposition to sequestration. I am ap- mately $2.6 million to help upgrade its ability As a young man, Raymond served in the palled by the complete and utter abdication of to respond to public health threats including Army in World War II. He was stationed in leadership and responsibility by Speaker infectious diseases, natural disasters, and bio- Germany, Italy, and France. Raymond did not BOEHNER and House Republicans to bring a logical, chemical, nuclear, and radiological discuss the brutalities of war with his family bill to the House Floor that would replace the events. In addition, California will lose about and friends. Instead he shared about the times catastrophic and needless sequester. $12.4 in grants to help prevent and treat sub- when he would take extra food to the hungry Early this week, President Obama reminded stance abuse, resulting in around 9,400 fewer children. Raymond’s positive outlook on life us of the untold damage that the automatic, admissions to substance abuse programs. was apparent to all of those around him. across-the-board spending cuts would inflict And the California State Department of Public After Raymond married Bernadette and they on our fragile economy, on the lives of work- Health will lose about $2 million resulting in had their children: Gary, Jack, Bernadette, ing families, children, students, and on our around 49,300 fewer HIV tests. Janis, Dion, and John, he purchased 20 acres military. I am outraged that House Repub- Teachers and Schools: California will lose of land at the intersection of Clarkson and licans would stand idly by and allow these dis- approximately $87.6 million for primary and Highway 33. There was nothing built on the astrous, self-inflicted cuts to go into effect secondary education, putting around 1,210 land, but he had a vision. Bernadette believed causing between one and two million people teacher and aide jobs at risk. In addition about in his plan, so he had his families support. to lose their jobs. We should be adopting poli- 187,000 fewer students would be served and Raymond’s boys took part in the project and cies that create jobs, instead of succumbing to approximately 320 fewer schools would re- helped him salvage old wood and nails. Slowly policies that eliminate jobs. ceive funding. a small town was built, and Raymond named California residents cannot afford another Head Start: Head Start and Early Head it Three Rocks. Surrounded by farming com- GOP-manufactured crisis. That is why, on be- Start services would be eliminated for approxi- munities, it serves a place for farm laborers to half of all the residents of California, and es- mately 8,200 children in California, reducing

VerDate Mar 15 2010 04:38 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K27FE8.006 E27FEPT1 jbell on DSK7SPTVN1PROD with REMARKS E200 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2013 access to critical early education. Many of my er of the Year. For more than thirteen years, Tucson, Arizona, which has been awarded the constituents rely on this crucial service to help Ms. Dicesare has been an inspiration to her 2012 Department of Defense Reserve Family bridge the education gap. students, her colleagues, and her community, Readiness Award. Education for Children with Disabilities: Cali- and I am honored to recognize her success The Reserve Family Readiness Award was fornia will lose approximately $62.9 million for and myriad of achievements. about 760 teachers, aides, and staff who help After earning a bachelor’s degree in Sec- established in 2000 to recognize the dedica- children with disabilities. ondary English Education and master’s degree tion of our Reserve and National Guard units College Aid and Work-Study Jobs: Around in Educational Leadership from the University to their military families. Winners of the Re- 9,600 fewer low income students in California, of West Florida, Ms. Dicesare joined the serve Family Readiness Award are those units many from my district, would receive aid to Northwest Florida school system as an deemed to have the best programs in support help them finance the costs of college and English teacher at Fort Walton Beach High of military families. As we can all agree, our around 3,690 fewer students will get work- School for three years. Ms. Dicesare then military families are critical to total force readi- study jobs that help them pay for college. joined Niceville Senior High School for eight ness and deserve to be a top priority. Law Enforcement and Public Safety Funds: years and eventually South Walton High The care and support of the military family California will lose about $1.6 million in Justice School, where she currently serves as an Assistance Grants that support law enforce- English teacher and Leadership Sponsor. must be a paramount endeavor, especially for ment, prosecution and courts, crime preven- Teachers are among our nation’s most valu- a nation that has been at war for over a dec- tion and education, corrections and community able public servants. They are responsible for ade. Family readiness directly impacts force corrections, drug treatment and enforcement, helping mentor our students and for ensuring readiness and provides the critical link that en- that our youth have the proper tools they need and crime victim and witness initiatives. ables our service members to complete the Violence Against Women Grants: California to succeed. It is unquestionable that Ms. mission without having to worry about the Dicesare values the important influence and could lose up to $795,000 to provide services well-being of their loved ones back home. role teachers play in the lives of their students. to victims of domestic violence, resulting in up To Ms. Dicesare, being a teacher is about Family support systems improve the quality of to 3,000 fewer victims being served. being a positive force in bettering the lives of life and increase morale for those on the Protections for Clean Air and Clean Water: homefront. They educate families on military California would lose about $12.4 million to her students and always inspiring them to strive for excellence. She challenges her stu- benefits and entitlements, and in times of ensure clean water and air quality, as well as dents to think critically. She emphasizes the need can respond quickly and provide assist- prevent pollution from pesticides and haz- importance of building a strong character with ardous waste. My district relies on this essen- ance. In this regard, the Naval Operations integrity and resolve, and she speaks of the tial funding to help mitigate the pollution that Support Center in Tucson has proven its com- importance of becoming productive members mitment to its service members and their fami- drifts across the United States-Mexico border. of society. Aside from her students, Ms. The most egregious part of the House Re- lies. Dicesare mentors young aspiring teachers, publicans’ dereliction of legislative duty, is that and by sharing her wisdom and experience Last year, the Naval Operations Support over the last several months, both Senate and with her fellow colleagues, Ms. Dicesare im- Center in Tucson competed against 131 stellar House Democrats have offered fair, balanced proves the quality of her own classroom, as naval commands taking top honors in the cat- plans to avert these damaging cuts. These well as the entire school. egory of family readiness. It is my honor to proposals are built on responsible spending In addition to being named Walton County, thank them for their service to our country and cuts, increased revenues, and job growth. Florida Teacher of the Year, Ms. Dicesare has congratulate them on being selected for the Yesterday, Representative CHRIS VAN HOL- previously earned recognition as the Okaloosa 2012 Department of Defense Reserve Family LEN, Ranking Member of the House Budget County, Florida First Year Teacher of the Readiness Award. Fleet, Family, Fitness! Committee, fought valiantly to bring a fair and Year; Sallie Mae First Year Teacher Award; balanced plan to replace the sequester to the Claes Nobel Educator of Distinction; United f floor. His reasonable and responsible plan States Achievement Academy Leadership would have eliminated tax loopholes and Award; Beta Club Helping Hand Award; 2005 HONORING BEN GILLILAND adopted the ‘‘Buffet Rule’’ to make sure that Niceville High School Outstanding Educator wealthy Americans pay their fair share. Award; and 2000–2008 Who’s Who Among Yet House Republicans have adamantly re- America’s Teachers. HON. SAM GRAVES fused to work toward a compromise to reduce Ms. Dicesare’s unbridled compassion and the deficit because they refuse to ask the enthusiasm exemplify the essential character- OF MISSOURI wealthy to pay a little more by closing tax istics of a successful teacher. They are evi- IN THE HOUSE OF REPRESENTATIVES loopholes that benefit the privileged few. Re- denced by the numerous accolades she has publicans are blissfully content to continue to received, and the impact of her achievements Wednesday, February 27, 2013 place millions of jobs at risk, threaten the is alive in the hearts and minds of the stu- Mr. GRAVES of Missouri. Mr. Speaker, I health and security of middle class families, dents who have been deeply affected by her and put the safety of neighborhoods across unwavering dedication. proudly pause to recognize Ben Gilliland. Ben the Nation in jeopardy. Mr. Speaker, I am proud to recognize Me- is a very special young man who has exempli- I call on my colleagues, the House Repub- lissa Dicesare as the Walton County, Florida fied the finest qualities of citizenship and lead- licans, to immediately bring legislation to the Teacher of the Year and thank her for her ership by taking an active part in the Royal floor that would replace the sequester with a leadership and commitment to service to Rangers and earning the most prestigious balanced plan and protect our Nation’s mili- Northwest Florida. My wife Vicki joins me in award of the Gold Medal of Achievement. congratulating Ms. Dicesare, and we wish her tary, working families, seniors, and children Ben has taken an active part with the Royal from these devastating and unwarranted cuts. all the best. f Rangers through his church, Blue Springs As- f sembly in Blue Springs, Missouri. The Royal RECOGNITION OF THE 2012 DE- RECOGNIZING MELISSA DICESARE Rangers provide young men the character de- PARTMENT OF DEFENSE RE- AS THE 2012–2013 WALTON COUN- velopment and leadership formation needed to SERVE FAMILY READINESS TY, FLORIDA TEACHER OF THE thrive in today’s world. Attaining the Gold AWARD FOR THE NAVAL OPER- YEAR ATIONS SUPPORT CENTER IN Medal of Achievement demonstrates Ben’s TUCSON, AZ dedication and commitment to the Royal HON. JEFF MILLER Rangers. I am sure that Ben will continue to OF FLORIDA HON. hold such high standards in the future. IN THE HOUSE OF REPRESENTATIVES OF ARIZONA Mr. Speaker, I proudly ask you to join me in Wednesday, February 27, 2013 IN THE HOUSE OF REPRESENTATIVES commending Ben Gilliland for his accomplish- Mr. MILLER of Florida. Mr. Speaker, I rise Wednesday, February 27, 2013 ments with the Royal Rangers and for his ef- today to recognize Ms. Melissa Dicesare as Mr. BARBER. Mr. Speaker, I rise today to forts put forth in achieving the highest distinc- the 2012–2013 Walton County, Florida Teach- honor the Naval Operations Support Center in tion of the Gold Medal of Achievement.

VerDate Mar 15 2010 04:38 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A27FE8.005 E27FEPT1 jbell on DSK7SPTVN1PROD with REMARKS February 27, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E201 HONORING STEVEN AND DENISE tional Women’s History Museum Commission ment to causes that have helped the people of BUTZ Act of 2013. I am proud to be joined in this ef- Rhode Island build wealth and economic sta- fort by my friends and colleagues Congress- bility. HON. LUKE MESSER woman MARSHA BLACKBURN, Delegate ELEA- Mr. Andrade first distinguished himself as a legislative advocate for the credit unions of OF INDIANA NOR HOLMES NORTON, as well as by Senator Rhode Island working diligently to ensure that IN THE HOUSE OF REPRESENTATIVES SUSAN COLLINS. This bill, with a Senate companion spon- the members of credit unions receive out- Wednesday, February 27, 2013 sored by Senator COLLINS, creates a commis- standing financial service. He has served in Mr. MESSER. Mr. Speaker, I rise today to sion to review the feasibility and cost for build- many capacities at the Credit Union Associa- honor the memory of my constituents, Steven ing a National Women’s History Museum tion of Rhode Island including Board Chair- and Denise Butz of Greensburg, Indiana. (NWHM) on the National Mall. man, Governmental Affairs Committee Chair- Steve and Denise were married and actively This commission will be bipartisan, con- man, Bylaw and Resolutions Committee Chair- involved in their church and community. As sisting of an eight member body comprised of man, and Marketing Committee Chairman. members of St. Mary’s Catholic Church, they two members appointed by the Senate Major- Through his efforts to provide service to credit served on the St. Mary’s Festival and Christ ity Leader, two members appointed by the unions with unique and forward looking pro- Renews His Parish Committees. Steve was a Speaker of the House of Representatives, two grams, he has earned national recognition. member of the Knights of Columbus and a members appointed by the Minority Speaker Through this leadership, Rhode Island credit coach with youth wrestlers; Denise partici- of the Senate, and two members appointed by unions joined a ground breaking cooperative pated in the local Big Brothers/Big Sisters pro- the House of Representatives Minority Leader. with their colleagues in New England that al- gram. On a personal note, I have fond memo- The appointees are required to demonstrate lows pooling of resources while maintaining ries playing alongside Steve on the Greens- proficient knowledge and commitment to the autonomy. During his tenure, the Credit Union burg High School football team. research and study of women’s history. Association of Rhode Island has also provided Steve and Denise will forever be remem- Most importantly, this fiscally responsible bill almost $600,000 to support the Special Olym- bered as devoted parents to their two sons will not use any taxpayer dollars. The NWHM pics of Rhode Island as a distinguished cor- and life-long friends of their community. I ask commission will be entirely financed through porate sponsor. Mr. Andrade has been and the entire 6th Congressional District to keep private funds. continues to be committed to the conviction their sons Blake and Brandon, along with the Women’s history is largely missing from that the credit union community must invest in entire extended Butz family, in your thoughts textbooks, memorials, museum exhibits and the future by staying engaged at every level of and prayers. many other venues. Today, more than half a the legislative process to ensure a dynamic operating environment with flexibility for f century after she changed our nation’s history, Congress is honoring civil rights leader Rosa change and modernization. DANGERS OF SEQUESTER Parks with a statue in the U.S. Capitol. This is Mr. Speaker, throughout his career, Mr. an extraordinary achievement that we should Andrade has eloquently voiced his belief that HON. SANFORD D. BISHOP, JR. build on. Of the over 200 statues in the Cap- credit unions make it possible for all Ameri- itol, there are currently only 13 statues depict- cans to lead better, happier and more produc- OF GEORGIA tive lives. Today, I salute his advocacy work IN THE HOUSE OF REPRESENTATIVES ing women. Across the country, less than 5 percent of and his charitable efforts, and I wish him con- Wednesday, February 27, 2013 the 2,400 national historic landmarks chronicle tinued success in his future endeavors. Mr. BISHOP of Georgia. Mr. Speaker, women’s achievements and according to a f throughout my twenty years representing Mid- survey of 18 history textbooks, only 10% were HONORING JACK PATRICK CORGAN dle and Southwest Georgia in Congress, I dedicated to women. have always done my dead level best to work The museums and memorials in our Na- HON. SAM GRAVES with all of my colleagues, across the aisle to tion’s Capital reflect our country’s values. OF MISSOURI find reasonable solutions for the nation’s Though we have museums dedicated to other IN THE HOUSE OF REPRESENTATIVES issues. important people and subjects such as flight, Today, I come before Congress to appeal to postage stamps, and law enforcement, we do Wednesday, February 27, 2013 reason. Without a doubt, the across-the-board not have a museum contributed to women’s Mr. GRAVES of Missouri. Mr. Speaker, I spending cuts we call sequester will under- history. proudly pause to recognize Jack Patrick mine our economy and hurt job creation. My Despite being half of our population, wom- Corgan. Jack is a very special young man district, home to Fort Benning in Columbus, en’s deep and lasting impacts have taken a who has exemplified the finest qualities of citi- the Marine Corps Logistics Base in Albany, backseat to the hundreds of years of written zenship and leadership by taking an active the area outside of Robins Air Force Base, and available narrative focusing on men. It is part in the Boy Scouts of America, Troop 249, and thousands of service members, veterans, time that women are honored for their many and earning the most prestigious award of families, and supporting businesses cannot contributions that are the very fabric of our Eagle Scout. sustain the cuts proposed by Sequestration. country. This bill would be the first step in Jack has been very active with his troop, Furthermore, schools and teachers, law en- achieving that goal. participating in many scout activities. Over the forcement and crime prevention, public health I urge my colleagues to join me in honoring many years Jack has been involved with and Head Start will be negatively impacted. the women that built this nation by cospon- scouting, he has not only earned 35 merit The Second Congressional District of Georgia soring the National Women’s History Museum badges, but also the respect of his family, relies on these funds, as do many of your dis- Commission Act. peers, and community. Most notably, Jack has tricts. Mr. Speaker, I ask for a balanced pro- f led his troop as the assistant patrol leader, posal. quartermaster and patrol leader while also be- We may be in the 11th hour, but we must COMMENDING BOB ANDRADE FOR coming a member of the Tribe of Mic-O-Say. act. We owe it to our constituents, we owe it SERVICE AT PAWTUCKET CREDIT Jack has also contributed to his community to our districts, and we owe it to our nation. UNION through his Eagle Scout project. Jack con- f structed shelving and organized the commer- HON. JAMES R. LANGEVIN cial kitchen of The Farmer’s House in Weston, INTRODUCTION OF THE NATIONAL OF RHODE ISLAND Missouri, an organization where many adults WOMEN’S HISTORY MUSEUM IN THE HOUSE OF REPRESENTATIVES with developmental disabilities are employed. COMMISSION ACT OF 2013 Jack made the kitchen more friendly for these Wednesday, February 27, 2013 workers, including the additional shelving and HON. CAROLYN B. MALONEY Mr. LANGEVIN. Mr. Speaker, I am pleased labeling the kitchen in Braille, in simple text OF NEW YORK today to recognize Robert P. Andrade, Execu- and with pictures. IN THE HOUSE OF REPRESENTATIVES tive Vice President and Chief Operating Offi- Mr. Speaker, I proudly ask you to join me in cer of the Pawtucket Credit Union in my home commending Jack Patrick Corgan for his ac- Wednesday, February 27, 2013 state of Rhode Island. Bob has had a long complishments with the Boy Scouts of Amer- Mrs. CAROLYN B. MALONEY of New York. and distinguished career in public service, and ica and for his efforts put forth in achieving the Mr. Speaker, I rise today to introduce the Na- I want to thank him for his continuing commit- highest distinction of Eagle Scout.

VerDate Mar 15 2010 04:38 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A27FE8.006 E27FEPT1 jbell on DSK7SPTVN1PROD with REMARKS E202 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2013 CONGRATULATING CLIFFORD years. He received training at the Pennsyl- Alamo and attacked Santa Anna’s camp near BOWEN vania Academy for the Fine Arts and the Uni- the San Jacinto River. The Mexican army was versity of Pittsburgh. Mr. Daub’s sculptures taken by surprise, and the roughly 900 mem- HON. STEVE STIVERS are featured in public memorials and perma- bers of the Texan army were able to over- OF OHIO nent collections throughout the world, includ- power the much larger Mexican army. During IN THE HOUSE OF REPRESENTATIVES ing the Smithsonian Institution, The British Mu- the fighting, many of the Texan soldiers re- Wednesday, February 27, 2013 seum, Ellis Island Museum, the University of peatedly cried, ‘‘Remember the Alamo!’’ The Virginia, and the Montana State Senate. He Battle of San Jacinto was over after just 18 Mr. STIVERS. Mr. Speaker, I rise today to has been honored with prestigious awards for minutes. Santa Anna was forced to order his congratulate Mr. Clifford Bowen for celebrating his artistry, including the Arthur Ross Award troops out of Texas, thus ending Mexico’s his 100th birthday on February 8, 2013. Mr. for sculpture from the Institute for Classical Ar- control. Bowen is Madison County’s oldest veteran, chitecture and Classical America and the Today we give thanks to the many Texans and his life and service to our country are American Numismatic Association Gold Medal that sacrificed for the freedom we now enjoy. nothing short of outstanding. for Lifetime Achievement in Bas Relief Sculp- God bless Texas and God bless America. Born in Bell County, Kentucky, in 1913, Mr. ture. f Bowen grew up on a farm as one of six chil- I am thrilled to welcome such a talented art- dren. When he was 16, he followed in his fa- ist and fellow San Pedran to the Capitol. Mr. SHIRLEY CHISHOLM CONGRES- ther’s footsteps and began working in a coal Daub’s depiction of Rosa Parks will attract SIONAL GOLD MEDAL AWARD mine, where he was assigned to operate the visitors from all over the world who will note tram motor. both its historical significance and profound HON. CHARLES B. RANGEL When World War II broke out, Bowen left beauty. OF NEW YORK the coal mine and was assigned to the Army f IN THE HOUSE OF REPRESENTATIVES motor pool. The trucks he and his crew kept Wednesday, February 27, 2013 running supported the ordnance corps in TEXAS INDEPENDENCE DAY, Luzon and New Guinea in the Pacific Theater, SATURDAY, MARCH 2, 2013 Mr. RANGEL. Mr. Speaker, I introduced the and he was promoted to the rank of Technical Shirley Chisholm Congressional Medal Act (H. Sergeant in 1946. After the war, Bowen met HON. GENE GREEN R. 1303) in the 112th Congress. This bill is his wife Lucille in a dance hall, and the two OF TEXAS being introduced to recognize the extraor- were married for 27 years until she passed IN THE HOUSE OF REPRESENTATIVES dinary contributions of Shirley Chisholm. Shirley Chisholm was a pioneer. She was away in 1973. Mr. Bowen moved to Ohio in Wednesday, February 27, 2013 the 1980s, and he has remained there ever the first African-American woman elected to since. Mr. GENE GREEN of Texas. Mr. Speaker, Congress in 1968 where she served until I would again like to wish Clifford Bowen a this Saturday, March 2, 2013, marks Texas 1982. She represented Brooklyn’s 12th Con- very happy 100th birthday, and I ask that all Independence Day. 177 years ago on March gressional District in the United States House Members of Congress stand with me and 2, 1836, after more than a year of negotia- of Representatives. ’ thank him for serving our country as Madison tions, citizen delegates met at Washington-on- In 1972 Shirley Chisholm was the first Afri- County’s oldest veteran. The people of Ohio’s the-Brazos and declared Texas independent. can-American to seek the nomination of a 15th District are remarkable and hardworking, The story of Texas independence dates major party for President of the United States. and Mr. Bowen is a perfect example of the back to 1830s, when a military dictatorship Shirley Chisholm was a co-founder of the sort of accomplished, admirable people who seized power in Mexico and abolished the National Organization for Women (NOW). make my district truly exceptional. Mexican Constitution. Once in power, the dic- This posthumous gold medal presentation tatorship refused to provide the most basic of f will recognize Shirley Chisholm for her activ- rights, including a trial by jury, freedom of reli- ism, independence and groundbreaking HONORING EUGENE DAUB gion, public education for their citizens and the achievements in politics during and after the right to bear arms, this last one being the civil rights era. Both her election to Congress HON. JANICE HAHN most intolerable, particularly among Texans. and her candidacy for the presidency raised OF CALIFORNIA Failure to provide these basic rights violated the profile and aspirations of all African-Ameri- IN THE HOUSE OF REPRESENTATIVES the sacred contract between a government cans and women in the field of politics. and the people, and Texans did what we still Wednesday, February 27, 2013 An historic figure in American political his- do today—stand up for our rights. tory and a champion for social justice, Shirley Ms. HAHN. Mr. Speaker, I rise to honor Eu- At the Convention of 1836 on March 1, a Chisholm died at the age of 80 on New Year’s gene Daub, a gifted local artist who designed committee of five delegates was appointed to Day 2005. it is befitting that Congress bestow and sculpted the new Congressional statue of draft the Texas Declaration of Independence. its highest civilian award, the Congressional civil rights icon Rosa Parks. I am thrilled that The committee, consisting of George C. Gold Medal, to former Congresswoman Shir- Rosa Parks will finally be honored with a stat- Childress, Edward Conrad, James Gaines, ley Chisholm posthumously. ue in the Halls of Congress, and I am proud Bailey Hardeman, and Collin McKinney, pre- f to recognize Mr. Daub, one of my constitu- pared the declaration in record time. It was ents, as the creator of this great work. briefly reviewed, then adopted by the dele- HONORING BRYCE J. PARKER We all know of Rosa Parks’ extraordinary gates of the convention the following day, contributions to the civil rights movement. Her March 2. HON. SAM GRAVES bravery and courage carried us forward on the The Texas Declaration of Independence OF MISSOURI road to equality. This statue is the first full- states that Texas’ government had been ‘‘forc- IN THE HOUSE OF REPRESENTATIVES sized depiction of an African American in the ibly changed, without their consent, from a re- Wednesday, February 27, 2013 Capitol, and an honor fitting for Rosa Parks. stricted federative republic, composed of sov- She fought for the values of life and liberty ereign states, to a consolidated central military Mr. GRAVES of Missouri. Mr. Speaker, I that this Nation has pledged to uphold and despotism.’’ proudly pause to recognize Bryce J. Parker. that these halls strive to embody. The Texas Declaration of Independence Bryce is a very special young man who has Eugene Daub, the artist, is a resident of was truly produced overnight. Its urgency was exemplified the finest qualities of citizenship San Pedro, California, and the 44th Congres- paramount, because while it was being pre- and leadership by taking an active part in the sional District. He is the master sculptor of pared, the Alamo in San Antonio was under Boy Scouts of America, Troop 175, and earn- Daub and Firmin Sculptor Studios, LLC. In siege by Santa Anna’s army of Mexico. ing the most prestigious award of Eagle Scout. 2009, Daub and Firmin Studios was selected On March 6, four days after the signing, the Bryce has been very active with his troop, as the winner of a national competition man- Alamo fell with her commander Lt. Colonel participating in many scout activities. Over the aged by the National Endowment for the Arts William Barrett Travis, Colonel Jim Bowie, many years Bryce has been involved with to create the statue. Rob Firmin, partner and Former Tennessee Congressman David scouting, he has not only earned numerous project manager, worked with Mr. Daub on the Crockett, and approximately 200 other Texan merit badges, but also the respect of his fam- concept and design of the statue. defenders. ily, peers, and community. Most notably, Bryce Mr. Daub has achieved an extraordinary ca- However, on the afternoon of April 21, 1836, has contributed to his community through his reer in public-art sculpture over the past 30 the Texan army avenged their losses at the Eagle Scout project.

VerDate Mar 15 2010 04:38 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.010 E27FEPT1 jbell on DSK7SPTVN1PROD with REMARKS February 27, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E203 Mr. Speaker, I proudly ask you to join me in in his postal career he participated in a com- HONORING KATHARINE CARNEY commending Bryce J. Parker for his accom- munity partnership program working at the plishments with the Boy Scouts of America Lafollette Elementary School in Milwaukee, HON. JAMES P. MORAN and for his efforts put forth in achieving the mentoring students and working with their par- OF VIRGINIA highest distinction of Eagle Scout. ents. He developed and implemented a pro- IN THE HOUSE OF REPRESENTATIVES f gram to encourage parents to take the postal Wednesday, February 27, 2013 employment exam and offered prospective PERSONAL EXPLANATION candidates on-going classes on how to im- Mr. MORAN. Mr. Speaker, after more than prove exam scores as well as interviewing 32 years of dedicated service to the Depart- HON. ROBERT PITTENGER skills. The classes proved successful and ment of the Navy’s Office of General Counsel, OF NORTH CAROLINA were expanded throughout the community Katharine Carney has decided to retire on IN THE HOUSE OF REPRESENTATIVES which led to meaningful employment for hun- April 1, 2013. Ms. Carney began her federal service in March 1981, as an Attorney-Advisor Wednesday, February 27, 2013 dreds of people. Mr. Wright continued to serve as a mentor to many of these new employees. at the Naval Facilities Engineering Command Mr. PITTENGER. Mr. Speaker, on rollcall Mr. Speaker, I am proud to honor Post- Headquarters. Her duties included rep- votes Nos. 48–50, I am not recorded because master Wright. He continues to be a mentor to resenting the Command’s position on contract I was absent from the U.S. House of Rep- veterans and postal employees. The citizens matters to Naval authorities, other Federal resentatives. Had I been present, I would have of the Fourth Congressional District, the state agencies, and the construction industry; draft- voted in the following manner. of Wisconsin and the nation have benefited ing contract clauses and contracting officer On rollcall No. 48. Had I been present, I tremendously from his dedicated service. For final decisions; and advising on legal matters would have voted ‘‘no.’’ these reasons, I am honored to pay tribute to involving the Buy American statute, termi- On rollcall No. 49. Had I been present, I Postmaster Wright. nation; for default, claims, protests, and would have voted ‘‘yea.’’ source selection procedures. On rollcall No. 50. Had I been present, I From January 1984 to July 1987, Ms. Car- f would have voted ‘‘no.’’ ney was the primary legal advisor on the Lon- f HONORING MINISTER JAMES don staff for the Commander in Chief, U.S. KEVIN MURRAY Naval Forces, Europe and other commands in A TRIBUTE TO EASTON C. WRIGHT, the U.K. and Europe, advising on contracts, POSTMASTER OF MILWAUKEE international agreements, real estate, ethics, HON. JANICE HAHN fiscal and labor law. She was an attorney in HON. GWEN MOORE OF CALIFORNIA the Naval Sea Systems Command ship- OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES building section until May 1991, where she ad- IN THE HOUSE OF REPRESENTATIVES vised on contract and fiscal law matters from Wednesday, February 27, 2013 pre-award to contract close-out. She then be- Wednesday, February 27, 2013 Ms. HAHN. Mr. Speaker, I rise to honor the came the Marine Corps Systems Command Ms. MOORE. Mr. Speaker, I rise today to memory of Minister James Kevin Murray, who Deputy Counsel, supervising three other attor- recognize Easton C. Wright, a Milwaukee na- passed away on February 18, 2013. James neys and two support staff, and serving as tive and veteran having served 10 years in the was born on April 21, 1961 to James David counsel to the Direct Reporting Program Man- U.S. Navy as a Seabees in the Navy’s Con- and Darlene Murray. James began preaching ager for the Advanced Amphibious Assault struction Battalion. Mr. Easton will be installed at an early age and preached his first gospel Vehicle Program. In these roles, she advised as Postmaster of Milwaukee on March 8, meeting in Jasper, Texas at the age of 13. He on procurement, ethics, civilian personnel, 2013. Mr. Wright is the only African American was an active member of the Figueroa church Freedom of Information Act, and fiscal law and the 38th person to earn this distinction and was involved with the youth ministry, bus matters. since the Milwaukee Post Office was estab- ministry, and the Figueroa Angelic Chorus. In May 1993, Ms. Carney began her current lished in 1835. position as an Associate Counsel in the Office At Figueroa Church of Christ, James met Postmaster Wright began his career with the of the Assistant General Counsel for Re- and later married the love of his life, Linda United States Postal Service 18 years ago as search, Development, and Acquisition Earls. They were married June 20, 1987, and a letter carrier in Milwaukee. He is now a sen- (OAGC(RD&A)). As part of the Navy Senior had three beautiful children. After marrying, ior executive with the United States Postal Acquisition Executive’s legal staff, she advises they joined the Alondra Church of Christ Service having served in many postal posi- on procurement, ethics, and fiscal law matters. where James served as minister for the past tions, including Manager of Operations of Pro- For her nearly twenty years at OAGC(RD&A), 27 years. gram Support in the Greater Indiana District she has been the primary legal advisor on all and as Officer in Charge in Detroit. As Mil- James developed his passion for public Navy shipbuilding programs. Her duties have waukee Postmaster, he oversees more than service and education through his years in also included drafting Navy Secretariat policy 1,500 employees and 760 city delivery routes. school. After graduating from Manual Arts and guidance to implement statutes; reviewing Postmaster Wright is responsible for mail de- High School, James received his Bachelors of legislative proposals; and representing the livery, retail sales and other customer service Arts in Political Science from UCLA. He then Navy’s legal position before governmental en- operations at the Milwaukee, West Allis, obtained his Masters in Education Administra- tities such as GAO, the Maritime Administra- Wauwatosa, Bay View, Glendale, Shorewood, tion from Cal State Dominguez Hills. James tion, the Office of Government Ethics, and West Milwaukee and Brown Deer post offices. pursed his love for education and his commit- Congress. Ms. Carney is a subject matter ex- Throughout his career with the Postal Serv- ment to our young people by serving as an pert on Government ethics and standards of ice, Postmaster Wright has reached out to vet- Assistant Principal and Counselor in several conduct laws, and serves as the Program erans and members of the African American school districts, including Los Angeles, Comp- Manager of the Assistant Secretary of the community. For over 14 years, Mr. Wright has ton, Santa Monica, and Lynwood. For the past Navy (RD&A) ethics program. worked with other veterans to establish a non- eight years, James served as the National Ms. Carney has provided noteworthy service profit organization called Veteran’s Community Youth Conference Director. throughout her tenure. She has been firmly Outreach, Inc., which provides mentoring, tu- James enjoyed preaching the Word of God, committed to a strong ethics program and eth- toring, clothing and scholarships to at-risk spending time with his family and friends, en- ical culture, serving for over two years with youth. He served for many years as a member joying intriguing conversations brimming with distinction as the OAGC(RD&A) representative of the Milwaukee Diversity Team to provide an humor, basketball, running marathons, politics, on the Secretariat Executive Steering Group, inclusive Postal Service environment. For his technology, and watching his favorite team, implementing one of the Secretary of the efforts he received both local and national rec- the Los Angeles Lakers. Navy’s Strategic Objectives. She has consist- ognition, including the prestigious National He is survived by his wife, Linda; his chil- ently placed an emphasis on cooperative ef- Postal Diversity Award and the Milwaukee dren, David, Jason and Jessica; his mother, forts within the Navy and Federal agencies, Times 2011 Black Excellence Award as a Darlene; his sisters, Cheryl and Janice; his leading to more efficient and consistent oper- Community Leader. brothers, Rodney, Kenny, Antoney, Orlando; ations. Ms. Carney’s exceptional cooperation Postmaster Wright also served as a mentor and a host of family and friends. He will truly and teamwork skills are not confined to her to students and other postal employees. Early be missed. Federal colleagues—she has also established

VerDate Mar 15 2010 04:38 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K27FE8.011 E27FEPT1 jbell on DSK7SPTVN1PROD with REMARKS E204 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2013 effective working relationships throughout in- the process through Congress and to manage The House’s ‘‘gag rule’’ originated in this dustry while working on highly complex, con- passage of the enabling legislation which was room in the mid-1830s—which barred discus- tentious legal issues. On many occasions, she written and introduced by introduced by former sion or referral to committee of all anti-slav- Congressman Jesse Jackson, Jr. It was hum- ery petitions. used her relationships with industry counsel to The great racial debates in the Senate be- resolve or even avoid sensitive ethics issues. bling for me, and my colleagues, to make de- tween 1820 and 1850 involving John Calhoun, Ms. Carney is widely known for her expertise cisions that would help shape and preserve Daniel Webster and Henry Clay, and the re- on matters concerning the release of informa- her legacy including working with Architect of sulting racial compromises that kept the tion to Congress, GAO, the Congressional the Capitol on selecting the final design. The Union together—but only delayed the Amer- Budget Office, and the Congressional Re- artists captured her quiet dignity, and hallmark ican Civil War—took place only a few steps search Service. She has been instrumental in strength. She’ll forever appear as steady and from here and impacted this body. developing enhanced DON policy on commu- unmovable as the rock she sits upon. In this room Whig Congressman Abraham Lincoln of Illinois served one term in the nications with industry, an area where acquisi- Mr. Speaker, I would like to commend the work of Congressman Jackson who brought 30th Congress (1847-to-1849) and on December tion and ethics issues overlap. 22, 1847 presented his ‘‘Spot Resolutions’’ in Katharine has been a friend and mentor to the need for this statute and the need to name opposition to the war with Mexico. Of both military and civilian personnel throughout Emancipation Hall to the House’s attention. I course, in 1861 he became the 16th and first her career. I thank her for her service to Navy was moved by the statement that Mr. Jackson Republican President of the United States, OGC and our nation. I urge my colleagues to prepared to deliver today. kept the Union together through a bloody salute her for a job well done and wish her a THE UNVEILING OF ROSA PARK’S STATUE IN STATUARY war that cost 620,000 American lives, issued happy and healthy retirement. HALL—SPEECH PREPARED BY JACKSON BEFORE HE the Emancipation Proclamation in 1863, WENT ON MEDICAL LEAVE, JUNE 10, 2012 overcame the limitations of the 10th Amend- f INTRODUCTION ment and steered the 13th Amendment end- HONORING JOSH GILLILAND Statuary Hall is the old home of the House ing slavery though Congress in 1865 and of Representatives. Clio, the female figure in shortly thereafter was assassinated for advo- back, was symbolically taking notes and re- cating the ‘‘right to vote’’ for Negroes. HON. SAM GRAVES cording laws as they were made. The woman The Fugitive Slave Law of 1850 was passed OF MISSOURI in front is a symbol of freedom and liberty— in this room, which allowed the long arm of the federal government to reach out in the IN THE HOUSE OF REPRESENTATIVES even though slavery existed in her presence. North and bring an escaped slave back to Wednesday, February 27, 2013 The body that met here was totally racially segregated and sexist. slavery in the South—ironically, unlike Mr. GRAVES of Missouri. Mr. Speaker, I today, when we don’t want the long arm of I. WHY ROSA PARKS IN STATUARY HALL? the federal government to reach out and proudly pause to recognize Josh Gilliland. On December 1, 1955 Rosa Parks stood up bring someone health care or education or Josh is a very special young man who has ex- by sitting down on a legally segregated bus housing or the right to vote or a clean envi- emplified the finest qualities of citizenship and in Montgomery, Alabama. She violated a ronment or equal protection under the law. leadership by taking an active part in the state statute and a city ordinance that was Guns and knives were brought into this Royal Rangers and earning the most pres- in keeping with the dominant conservative chamber, fist fights broke out, and ‘‘duels to tigious award of the Gold Medal of Achieve- legal framework of Alabama—states’ rights, the death’’ over slavery were proposed in local control, laissez-faire economics and this room. ment. voluntarism. Josh has taken an active part with the Royal The 1854 Kansas-Nebraska Act, featuring Why did I insist that the Rosa Park’s stat- the organizing principle of Illinois Senator Rangers through his church, Blue Springs As- ue be placed in Statuary Hall? Because I Stephen A. Douglas—‘‘popular sovereignty’’ sembly in Blue Springs, Missouri. The Royal wanted her presence to represent a more ho- or ‘‘states’’ rights’’—was passed in this Rangers provide young men the character de- listic view of American history and I wanted chamber, triggering the founding of the Re- velopment and leadership formation needed to her to be seen in historical context. What do publican Party as an anti-slavery party in I mean? Ripon, Wisconsin in 1854, followed by ‘‘Bleed- thrive in today’s world. Attaining the Gold I wanted her to desegregate this room and Medal of Achievement demonstrates Josh’s ing Kansas,’’ John Brown’s raid at Harper’s to keep an eye on the others here who kept Ferry in 1859, Lincoln’s election in Novem- dedication and commitment to the Royal her legally segregated (because of her race) Rangers. I am sure that Josh will continue to ber, 1860 and the start of the American Civil in the name of a conservative political phi- War on April 12, 1861. hold such high standards in the future. losophy called states’ rights, local control, And it was on May 22, 1856, that South Mr. Speaker, I proudly ask you to join me in laissez-faire economics and voluntarism with Carolina’s Representative Preston Brooks commending Josh Gilliland for his accomplish- an attitude of (quote) ‘‘our Negroes are left this chamber and nearly beat to death ments with the Royal Rangers and for his ef- happy down here and we’ll work it out.’’ Per- with a cane Abolitionist Senator Charles sons like Jefferson Davis of Mississippi, Sumner of Massachusetts, accusing him of forts put forth in achieving the highest distinc- President of the Confederacy; Alexander tion of the Gold Medal of Achievement. insulting his uncle, South Carolina Senator Hamilton Stephens of Georgia, Vice Presi- Andrew P. Butler, for analogizing his em- f dent of the Confederacy; General Joseph brace of a prostitute (i.e., slavery) as his Wheeler of Alabama, still in his Confederate mistress. HONORING THE UNVEILING OF uniform; and the Great racial Compromiser, THE ROSA PARKS STATUE IN Statuary Hall is also where the Massachu- Henry Clay of Kentucky. setts militia was quartered during the Civil The Rosa Parks statue is appropriately STATUARY HALL War. taking the spot formerly occupied by Confed- erate General Robert E. Lee of Virginia, who III. ROSA PARKS AND THE LAW HON. ROBERT A. BRADY was recently reassigned to the Crypt. Rosa Park’s sit-down and arrest on Decem- OF PENNSYLVANIA And I don’t want to forget Brigham Young ber 1, 1955 triggered the Montgomery bus IN THE HOUSE OF REPRESENTATIVES of Utah, whose religion barred African Amer- boycott and brought Dr. Martin Luther King, icans until 1978. Jr. to national prominence. On February 1, Wednesday, February 27, 2013 Finally, I wanted Daniel Webster and those 1956, two days after segregationists bombed Mr. BRADY of Pennsylvania. Mr. Speaker, who believed in building a more perfect Dr. King’s house, Fred Gray and Charles D. the unveiling of the new statue of Rosa Parks Union—not a more separate and unequal Langford—aided by Thurgood Marshall and in Statuary Hall marks an historic moment. No states’ rights—to have some company. the NAACP—filed the lawsuit known as American man or woman has stood taller than II. WE MUST SEE ROSA PARKS IN HISTORICAL CONTEXT (Plaintiff) Browder vs. (Mayor) Gayle). It made its way to the Supreme Court Rosa Parks when she refused to stand and This is what I mean by ‘‘historical con- text.’’ The House of Representatives met in challenging Alabama’s state statutes and move to the back of a legally segregated bus this room for 50 years—between 1807 and 1857. Montgomery’s city ordinances requiring seg- in Montgomery, Alabama. The first full-sized Under the Constitution’s direction, in this regation on Montgomery’s buses. On June 5, statue of an African American to be approved room, the international slave trade ended in 1956 a three-judge U.S. District Court ruled and funded by Congress since 1873 honors 1808—even though it was allowed to continue 2-to-1 that Alabama’s segregated buses were the actions of this humble Black woman which between the states. unconstitutional based on the 1954 Brown de- triggered the Montgomery bus boycott. The In this room the Missouri Compromise of cision. 1820 became law, which admitted Missouri as An appeal by Alabama and Montgomery boycott ultimately led to the U.S. Supreme a slave state and Maine as a free state—fol- was rejected by the Supreme Court on De- Court’s 1956 decision declaring segregation lowed by six other states admitted by 1848, cember 17 and on December 20, 1956 the deci- on municipal buses unconstitutional. three slave and three free in order to protect sion officially arrived in Montgomery. Dr. As Chairman of the Committee on House the peculiar institution through a balance of King and the community voted to end the Administration, it was my honor to shepherd power in the Senate. 381-day bus boycott and the next morning

VerDate Mar 15 2010 04:38 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.017 E27FEPT1 jbell on DSK7SPTVN1PROD with REMARKS February 27, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E205 Dr. King and African Americans in Mont- RECOGNIZING DR. RON DAVIS FOR itual guidance to the Reform Jewish Commu- gomery—for the first time—rode Montgom- BEING AWARDED THE PRES- nity of northern Monmouth and southeastern ery’s buses on a desegregated basis. TIGIOUS JAVITS NEUROSCIENCE Middlesex counties. It reminds me of Supreme Court Justice INVESTIGATOR AWARD Thurgood Marshall’s speech at a bicenten- Built in 1967, the Temple has expanded nial celebration of the Constitution in 1987. over the years as the congregation continues ‘‘What is striking’’ Justice Marshall said, ‘‘is HON. PATRICK MURPHY to grow. Serving nearly 500 families today, the role legal principles have played OF FLORIDA Temple Shalom provides a welcoming place throughout America’s history in deter- IN THE HOUSE OF REPRESENTATIVES for the Jewish community to learn, pray and mining the condition of Negroes. They were enslaved by law, emancipated by law, Wednesday, February 27, 2013 connect with others. Committed to Jewish education, Temple Shalom has a religious disenfranchised and segregated by law; and, Mr. MURPHY of Florida. Mr. Speaker, I rise school for kindergarten to grade 12 students finally, they have begun to win equality by today to recognize and honor Dr. Ron Davis, law. Along the way, new constitutional prin- and in 1991 they expanded to include a nurs- who as chair of the Neuroscience Department ciples have emerged to meet the challenges ery school. In addition to cultivating the minds of the Florida campus of The Scripps Re- of a changing society. The progress has been of its young congregants, Temple Shalom search Institute (TSRI) has made exceptional dramatic, and it will continue.’’ maintains a responsibility to on-going learning CONCLUSION contributions to the field of neuroscience and the treatment of neurological diseases. For his and life-long study of the Torah for all its Rosa Parks was carrying a lot of historic members. weight on her shoulders emanating from this work on the complex biology of memory for- room. That’s why she deserves to be here in mation and the disorders that disrupt it, Dr. Temple Shalom also dedicates itself to so- Statuary Hall. Davis has recently been awarded the pres- cial action, advocating for issues important to Rosa Parks challenged Alabama and the tigious $3.5 million Jacob K. Javits Neuro- its community and providing aid to those in 10th Amendment (states’ rights), Mont- science Investigator Award. need. Likewise, Temple Shalom offers various gomery (local control), laissez-faire econom- This award was first mandated by an act of social and cultural activities to its members, ics (a deregulated environment where trans- Congress in 1983. The National Institute of encouraging an active congregation. actions between private parties were free from government over-site) and vol- Neurological Disorders and Stroke (NINDS), Rabbi Laurence Malinger was elected Tem- unteerism (just give us a little time, don’t an agency within the National Institutes of ple Shalom’s senior rabbi in 1999. Previously, interfere and we’ll work it out), and she took Health (NIH), awards this special merit grant the Temple was led by Rabbi Henry Weiner her case all the way to the Supreme Court— to persons with a history of outstanding talent, for 32 years. Rabbi Malinger continues to pro- and prevailed—in order to form a more per- imagination and distinguished scientific vide spiritual leadership and guidance to the fect Union! achievement within the field of neurological Or, to put it another way paraphrasing a congregation. The clergy, staff and members science. This is the second grant Dr. Davis of Temple Shalom endeavor to carry on its past popular song, Rosa Parks fought law has received from NINDS, showing his dedica- (state and local law)—and the law (federal mission and ensure a viable future. law) won—by affirming everyone’s citizen- tion to neuroscience research for over 30 years. Currently, Dr. Davis is an affiliate pro- Mr. Speaker, once again, please join me in ship and providing equal protection under celebrating Temple Shalom’s 50th Anniver- the law for all Americans. fessor at the Department of Biological Rosa Parks—rest in peace. Sciences of Florida Atlantic University in Boca sary. Its service and dedication is highly de- Rosa Parks statue—stand here among the Raton, Florida. He received his Ph.D. from the serving of this body’s recognition. mighty with dignity. University of California, Davis in 1979. f I am extremely proud of the research con- f ducted by Dr. Davis and Scripps Florida, HONORING DAVID ENNIS which Florida’s 18th district is proud to be HONORING RILEY MILLER home to. TSRI is one of the world’s largest HON. JEFF DENHAM independent, not-for-profit organizations focus- OF CALIFORNIA ing on research in the biomedical sciences. HON. SAM GRAVES IN THE HOUSE OF REPRESENTATIVES Over the past decades, TSRI has developed a OF MISSOURI lengthy track record of major contributions to Wednesday, February 27, 2013 IN THE HOUSE OF REPRESENTATIVES science and health, including laying the foun- Mr. DENHAM. Mr. Speaker, I rise today to dation for new treatments for cancer, rheu- Wednesday, February 27, 2013 acknowledge and honor a distinguished resi- matoid arthritis, hemophilia, and other dis- dent of the City of Escalon, Mr. David Ennis. eases. This new study by Dr. Davis will focus Mr. GRAVES of Missouri. Mr. Speaker, I David Ennis is a devoted civic leader, on an area of memory formation that has re- proudly pause to recognize Riley Miller. Riley whose good deeds earn him the respect and mained relatively enigmatic—the role that ac- is a very special young man who has exempli- admiration of his family, friends, colleagues, tive forgetting plays in learning and memory. I fied the finest qualities of citizenship and lead- and community. He was elected to the look forward to the advancements gained ership by taking an active part in the Boy Escalon City Council on March 7, 1978; and through this new research in the next four Scouts of America, Troop 249, and earning during his 24-year tenure, he diligently served years and beyond. the most prestigious award of Eagle Scout. the city in his roles as Councilmember, Mayor Mr. Speaker, the work of Dr. Davis is truly Riley has been very active with his troop, Pro Tempore, and Mayor. admirable and I am honored to recognize his During Mr. Ennis’s tenure as participating in many scout activities. Over the accomplishments here today. I thank him for many years Riley has been involved with Councilmember, he voted to pass the city’s his lifetime of contributions to the field of neu- Growth Management Ordinance and helped scouting, he has not only earned 39 merit roscience and offer my support of his contin- badges, but also the respect of his family, head the project committee for the Walt ued research in the field. Hogan Memorial Sports Complex. peers, and community. Most notably, Riley f Mr. Ennis currently serves as Board Trustee has led his troop as the assistant patrol lead- for Escalon Community Ambulance, in addition IN RECOGNITION OF TEMPLE er, librarian and patrol leader. Riley has also to serving as the Escalon Representative to SHALOM’S 50TH ANNIVERSARY contributed to his community through his the San Joaquin Commission on Aging. He is Eagle Scout project. Riley designed and con- a dedicated advocate for senior rights and is HON. FRANK PALLONE, JR. structed landscaping around the base of Holy a frequent volunteer at the Escalon Commu- Trinity Catholic Church in Weston, Missouri, OF NEW JERSEY including the placement of river stones around nity Center’s Senior Lunch Program. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, please join me in honoring and the base, building a cover of an unused heat- recognizing Mr. David Ennis for his unwaver- Wednesday, February 27, 2013 ing duct and constructing three small contain- ing leadership and many accomplishments Mr. PALLONE. Mr. Speaker, I rise today to ment walls. and contributions. His dedication and commit- congratulate Temple Shalom in Aberdeen, NJ Mr. Speaker, I proudly ask you to join me in ment have made the City of Escalon a better as members gather to celebrate its 50th Anni- commending Riley Miller for his accomplish- place for all to live and work, and his life versary. Since its founding in 1963, Temple ments with the Boy Scouts of America and for serves as an example of excellence to those Shalom has grown in both construction and in his efforts put forth in achieving the highest in our community. membership, while continuing to provide spir- distinction of Eagle Scout.

VerDate Mar 15 2010 04:38 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A27FE8.018 E27FEPT1 jbell on DSK7SPTVN1PROD with REMARKS E206 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2013 TEXAS NAVY SERVING THE as they say, is Texas history. But one of the REINTRODUCTION OF THE HUM- REPUBLIC OF TEXAS most important factors in that Texas victory, PHREY HAWKINS FULL EMPLOY- mentioned briefly by some historians, was the MENT AND TRAINING ACT HON. TED POE maritime activity and success of the first OF TEXAS Texas Navy. HON. JOHN CONYERS, JR. IN THE HOUSE OF REPRESENTATIVES Commodore Hawkins and his brave crew of OF MICHIGAN Wednesday, February 27, 2013 gutsy, scrappy sailors changed the course of IN THE HOUSE OF REPRESENTATIVES Texas history on April 21, 1836. The Texas Wednesday, February 27, 2013 Mr. POE of Texas. Mr. Speaker, on March Navy helped win Texas independence by pre- Mr. CONYERS. Mr. Speaker, I rise today to 2, 1836, Texas declared her independence venting Mexican ships from supplying Santa announce that I have reintroduced the Hum- from Mexico, and on April 21, 1836 at the Bat- Anna, seizing gunpowder on Mexican ships phrey-Hawkins 21st Century Full Employment tle of San Jacinto—the most important military and delivering aid to General Sam Houston’s and Training Act of 2013. It is my hope that victory in Texas history—Texas actually be- army. The heroic acts of the first Texas Navy with the reintroduction of this bill, Congress came a Republic all unto herself and remained resulted in one of the largest land transfers in will begin to examine the idea that the federal so for nine glorious years. world history and gave way to a new inde- On the marshy plains of San Jacinto, the government has a significant role to play in pendent nation—the Republic of Texas. victory over Santa Anna and the Mexican putting America back to work, especially dur- Army under General Sam Houston and the Texas still has an ‘‘Honorary’’ Texas Navy. ing our current economic downturn. Noted Boys can be credited not only to the Texas In the 1980s, the Governor of Texas ap- economists have shown that the private sector Army on land but also to the forces patrolling pointed me as an Admiral in the Texas Navy. alone will not be able to create a full employ- the Gulf of Mexico—the first Texas Navy. (Everyone in the Navy is an Admiral.) During ment economy in the foreseeable future. The Texas Navy was established on No- my tenure as a judge, I ordered offenders to The Federal Government must use its full vember 25, 1835 to protect supply lines be- be ‘‘enlisted’’ in the ‘‘Texas Navy.’’ The proba- authority and powers to put Americans back to tween Texas and New Orleans from Mexican tioners were skilled welders, painters, plumb- work. In our nation, we have far too many naval ships. A tiny fleet of four schooners, ers and electricians. They were required to people desperately seeking a full-time job. named the Independence, Brutus, Invincible help in the restoration efforts of the Battleship These people are veterans, construction work- and Liberty, were purchased to protect and Texas. This became another effective tool that ers, young men and women, and those who supply the new Republic. The Navy had its both served the public and the probationer— have lost their jobs to unfair foreign competi- own Commodore, Captain Charles Hawkins, a few went on to be hired by the Texas Parks tion. We know the financial pressures and per- appointed by the Republic’s own president, and Wildlife Department. The probationers be- sonal hardships that result from being unem- David G. Burnet. came a part of the history of the great ship ployed for long periods of time: the loss of Commodore Hawkins was born in New York ‘‘Texas’’. After being dry docked in Galveston one’s dignity, housing and food insecurity, loss in 1802. At the age of 16, Hawkins enlisted in in the 80’s, many much needed repairs were of health insurance, homelessness, marital the United States Navy as a midshipman and made by different organizations and thou- problems, and the inability to care for one’s began his military career in the Atlantic before sands of volunteers—all to help preserve the self or family. transferring to the West Indies. On board a Battleship Texas. During the Great Depression, President ship in the West Indies, Hawkins met Com- The Texas Navy is one of the unique histor- Roosevelt struck a New Deal that put millions modore David Porter, a hero of the War of ical traditions of our great State. of Americans back to work building roads, 1812. Commodore Porter got himself into schools, community centers, dams, bridges, And that’s just the way it is. some mischief after invading a town in Puerto parks, and electrification systems. In this pro- Rico in 1825 and was court-martialed. He re- gram, many women were employed con- f signed, chose to go command the Mexican structing blankets for our nation’s hospitals, Navy fleet and recruited the feisty, young sail- HONORING COLONEL ROBERT S. and our troops who fought in World War II. or Hawkins to join him in the Mexican Navy. CRANSTON President Roosevelt was resolute in the Hawkins spent the next several years as a idea that every American who wanted a job Mexican naval commander, fighting against should be able to have one. I also share this Spaniard ships opposing Mexico’s Independ- HON. ROBERT HURT view. Help provide an unemployed man or ence in the Gulf of Mexico. The Mexican Navy woman with a job, and their lives come to- soon began to have doubts about American OF VIRGINIA gether, and they regain their dignity and sense officers serving aboard their ships; these wor- IN THE HOUSE OF REPRESENTATIVES of self-worth. People just do better when they ries caused Hawkins to resign and move to are working. It is just that simple. Texas in 1828. Once in Texas, Hawkins Wednesday, February 27, 2013 There is no reason why America cannot worked as a river captain on the Chattahoo- Mr. HURT. Mr. Speaker, I rise today to have a 21st Century New Deal, where unem- chee. honor the life of World War II veteran and mili- ployed Americans become gainfully employed Hawkins’ path to the Texas Navy started tary broadcaster, and a dear friend, Colonel restoring our communities, assisting people in when he met General Sam Houston in San Robert S. Cranston, of Bedford County, Vir- need, and repairing our crumbling infrastruc- Felipe. Houston was impressed with Hawkins’ ginia. ture. This is what the Humphrey-Hawkins 21st experience and his desire to serve as navy Century Full Employment and Training Act of captain to the new Texas Republic. Houston In November of 1942, Colonel Cranston 2013 seeks to accomplish. referred Hawkins to Governor Henry Smith, signed up to serve. At 22, he was promoted Under the Act, the Department of Labor who then sent Hawkins to New Orleans to to sergeant major of the 51st Signal Battalion would work collaboratively with local and state begin command over the Independence. At and by 1943 he was named a second lieuten- governments, non-profits, and the private-sec- the age of 34, as Commander of the Texas ant in the Army Signal Corps. He bravely tor to fund community-based ‘‘fast track’’ jobs. Navy, Hawkins sailed the Independence to the fought in Normandy following the D-Day inva- This work could include renovating housing Gulf of Mexico to patrol the coast between sion and was later wounded at the Battle of and schools, weatherizing homes, fixing our Galveston and New Orleans. the Bulge. And he served side by side with aging infrastructure, expanding access to Meanwhile, General Sam Houston was busy General Eisenhower as he commanded the broadband and wireless Internet, neighbor- building the Texas Army to defeat Santa Anna North Atlantic Treaty Organization. hood beautification projects, or other commu- near the San Jacinto River and Buffalo Bayou Col. Cranston dedicated his life to serving nity initiatives in the health and education sec- at Lynch’s Ferry. On the afternoon of April our nation and to keeping our troops and all tors. 21st, General Sam and the Boys, 700 Texas Americans informed through broadcast media. It is apparent to me that the next wave of Freedom fighters, marched double time, in a Our community has suffered a great loss and significant job growth will be in the green jobs single line of independence—taking on a pro- I ask that my colleagues join me today in hon- and clean energy sectors. The Humphrey- fessional army over twice their size. oring the life of Col. Cranston for his selfless- Hawkins 21st Century Full Employment and Santa Anna’s army, caught napping, was ness, courage, and sacrifice and for his impor- Training Act of 2013 would help pay for the routed. Most of the enemy was killed or tant role in history as a source of information training of workers to install solar panels in wounded. The rest were captured or dis- to our men and women in uniform fighting houses and buildings, or manufacture wind appeared. The victory was stunning. The rest, abroad to defend our freedoms at home. turbines, electric batteries, and electric cars.

VerDate Mar 15 2010 04:38 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K27FE8.014 E27FEPT1 jbell on DSK7SPTVN1PROD with REMARKS February 27, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E207 Funds could be used to train workers to build The San Joaquin County Committees on available to the majority of families with chil- roads, bridges, levees, and clean mass transit which Ms. Sahyoun has served include the dren. systems such as electric bus and metro rail San Joaquin County-Wide Internet Security My bill provides federal funds to states, cars. Committee, San Joaquin County Equal Em- which must be matched by at least 20 percent The bill would provide cities and states with ployment Opportunity Coordinator, Department of state funds, to create universal, voluntary the needed funding to pay unemployed inner Head Retreat Committee, Diversity Luncheon prekindergarten in public and public charter city youth and adults to rebuild our nation’s Committee, San Joaquin County Mentor- schools for four-year-olds, regardless of in- crumbling and dilapidated schools, housing, Mentee Partnership Program, County Content come. The classes, which would be full-day and neighborhoods. Management System Committee, and the San and run throughout the entire school year, There are so many youth whose lives are Joaquin County Green Committee. Ms. must be taught by teachers who possess needlessly ruined, because they cannot envi- Sahyoun is also currently in her fourth four- equivalent or similar qualifications to those in sion a future that includes dignified work. I year term as a Commissioner with the San other grades in the school. The funds would truly believe young people could be steered Joaquin County Parks and Recreation Com- supplement, not supplant, other federal funds away from costly lives of crime if they believe mission. for early childhood education. The unique as- they will be able to have a meaningful career. Additionally, Lois served on the City of pect of my bill is that it uses the existing public We need more jobs, not jails. Stockton Planning Commission, the Board of school infrastructure and trained teachers to Think about all the unemployed people in Directors of the Central Valley Asian-American make early childhood education available to America who could be employed in the field of Chamber of Commerce, and was the former all. child care, working as preschool teachers, or President and District Commissioner of the Lit- The success of Head Start and other pre- assisting our nation’s seniors and disabled in tle League and Babe Ruth Sports Programs in kindergarten programs, combined with new their own homes. Stockton, California. On the Statewide Cali- scientific evidence concerning the importance Under the Humphrey-Hawkins 21st Century fornia Clerk of the Board of Supervisors Asso- of brain development in early childhood, vir- Full Employment and Training Act of 2013, ciation, she served as Treasurer, Secretary, tually mandate the expansion of early child- there would be a significant increase in fund- Vice President, and President. She has dedi- hood education to all children today. However, ing for job training programs funded under the cated her time as Editor of the Capstone Pub- early learning programs have been available Workforce Investment Act. Funds would go to- lication and her efforts to the Education Com- only to the affluent, who can afford them, and wards successful programs like the Job Corps, mittee, Nomination Committee, Mentor Com- to low-income families in programs such as which would be expanded to provide addi- mittee, New Clerks Institute, and the New Su- Head Start, which would be unaffected by my tional job training and job placement opportu- pervisors Institute. bill. My bill provides a practical way to gradu- nities. Mr. Speaker, please join me in honoring and ally move to universal public preschool edu- Funds would automatically continue to be commending Ms. Lois M. Sahyoun for her nu- cation. The goal of the bill is to afford the disbursed from the Act’s Full Employment and merous years of selfless service to the better- great majority of the American working poor, Training Trust Fund to cities and states, until ment of our community. lower-middle-class, and middle-class families, every American worker who wants a job can f most of whom have been left out, the benefits find one. Additionally, the act will be fully fund- of early childhood education. ed by a tax on Wall Street speculation, and THE INTRODUCTION OF THE UNI- We cannot afford to continue to allow the will not add a dime to the federal debt. VERSAL PREKINDERGARTEN most fertile years for childhood development I respectfully urge my fellow colleagues on AND EARLY CHILDHOOD EDU- to pass, only to later wonder why we cannot both sides of the isle to consider supporting CATION ACT OF 2013 teach Johnny to read. The bill responds both the Humphrey-Hawkins 21st Century Full Em- to the great needs of parents who seek early ployment and Training Act of 2013. The Amer- HON. ELEANOR HOLMES NORTON childhood education, as well as today’s brain ican people need jobs now. OF THE DISTRICT OF COLUMBIA science, which shows that a child’s brain de- velopment begins much earlier than previously f IN THE HOUSE OF REPRESENTATIVES understood. However, many parents are un- HONORING LOIS M. SAHYOUN Wednesday, February 27, 2013 able to afford the stimulating education nec- Ms. NORTON. Mr. Speaker, today, I am re- essary to ensure optimal brain development. HON. JEFF DENHAM introducing a bill similar to a bill I have intro- Considering the staggering cost of daycare, OF CALIFORNIA duced since the 109th Congress, the Uni- the inaccessibility of early childhood edu- cation, and the opportunity that early edu- IN THE HOUSE OF REPRESENTATIVES versal Prekindergarten and Early Childhood Education Act of 2013 (Universal Pre-K), to cation offers to improve a child’s chances of Wednesday, February 27, 2013 begin the process of providing universal public success, schooling for four-year-olds is over- Mr. DENHAM. Mr. Speaker, I rise today to prekindergarten education in public and public due. The absence of viable options for work- acknowledge and honor San Joaquin County charter schools. Although I have consistently ing families demands our immediate attention. Clerk to the Board of Supervisors Ms. Lois M. introduced a bill in the past, this year it is par- My bill reflects what jurisdictions increas- Sahyoun, who is retiring after more than 33 ticularly ripe in light of President Obama’s call ingly are trying to accomplish. The District of years of outstanding service to our county. for early education for all children in his recent Columbia, for example, has achieved an ex- Ms. Sahyoun graduated from Edison High State of the Union speech. My bill is meant to tensive integration of early childhood edu- School and San Joaquin Delta College. She fill a hole in the ‘‘,’’ cation as part of a larger effort to improve the continued her education at the University of which addresses elementary and secondary D.C. public schools. A recent report high- the Pacific, earning a Certificate of Completion education but ignores the prekindergarten lighted the economic benefits of early child- for Public Management in Changing Environ- years, perhaps the most critical years for chil- hood education, emphasizing its role in ex- ment. She also completed the San Joaquin dren’s brain development. The President’s panding job opportunities and in decreasing County Human Resources Leadership Acad- proposal has not been committed to legislation the amount of money spent on programs to emy. yet, but his cost-sharing model is similar to my address teen pregnancy, crime, and the like. In 1966, she began her career in county bill. My bill seeks a breakthrough in public ele- I strongly urge my colleagues to support the service as a Clerk Typist with the Department mentary school education by providing the ini- legislation. of Public Assistance, where she was promoted tial funding for states to encourage local f to Clerk Stenographer in Administration and school districts to add prekindergarten for chil- COMMENDING TIME WARNER worked for the Assistant Director. Lois was dren four years of age, as kindergarten pro- CABLE FOR THEIR CONNECT A then hired by the Board of Supervisors and grams were for five-year-olds that are now MILLION MINDS PROGRAM promoted to Board Secretary/Office Manager. routinely available in public schools. The bill In 1979, Lois took a job with Representative would eliminate some of the major short- Norman D. Shumway and worked as his Dis- comings of unevenly available commercial HON. GREGORY W. MEEKS OF NEW YORK trict Coordinator for nine years. She returned daycare and, importantly, would ensure ac- IN THE HOUSE OF REPRESENTATIVES to the Board of Supervisors in 1991 as an Ad- cess to qualified teachers and the safe facili- ministrative Manager. In 1993, she was ap- ties of public schools. Unless early education Wednesday, February 27, 2013 pointed by the Board of Supervisors as Clerk becomes a necessary part of a child’s edu- Mr. MEEKS. Mr. Speaker, I rise to com- of the Board. cation, I believe that it will continue to be un- mend Time Warner Cable for its Connect a

VerDate Mar 15 2010 04:38 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.023 E27FEPT1 jbell on DSK7SPTVN1PROD with REMARKS E208 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2013 Million Minds (CAMM) initiative designed to in- ers in the industries that will someday hire stu- Messer as the Walton County Educational spire the next generation of problem solvers dents in STEM fields, CAMM looks to be a tre- Support Professional of the Year. His passion by connecting young people to the wonders of mendous success. In closing, I congratulate for the students of Walton County is laudable science, technology, engineering and math Time Warner Cable for its CAMM initiative; and his dedication to his profession is exem- (STEM) outside of the classroom. and I hope my colleagues understand the im- plary. My wife Vicki joins me in congratulating Time Warner Cable’s campaign includes portance of such initiatives for all of our com- Mr. Messer, and we wish him all the best. original public service announcements and munities. programming, millions of dollars in grants to f f support non-profit organizations that introduce students to STEM in fun and informal settings RECOGNIZING RANDAL MESSER AS HONORING HEIDI McNALLY-DIAL and the creation of ‘‘The Connectory,’’ a one- THE 2012–2013 WALTON COUNTY, of-a-kind resource that allows parents to find FLORIDA, EDUCATIONAL SUP- kid-centric STEM learning opportunities in their PORT PROFESSIONAL OF THE HON. JEFF DENHAM own backyard. CAMM also encourages Time YEAR OF CALIFORNIA Warner Cable employees to volunteer at IN THE HOUSE OF REPRESENTATIVES science fairs, robotics competitions and local HON. JEFF MILLER Wednesday, February 27, 2013 Connect a Million Minds events. OF FLORIDA In this time of increased global competition IN THE HOUSE OF REPRESENTATIVES Mr. DENHAM. Mr. Speaker, I rise today to and rapid technological change, STEM fields Wednesday, February 27, 2013 acknowledge and honor Ms. Heidi McNally- have become increasingly important for the Dial, Economic Development/Redevelopment development and maintenance of America’s Mr. MILLER of Florida. Mr. Speaker, I rise Manager for the City of Turlock, who has re- high standard of living. Unfortunately U.S. stu- today to recognize Mr. Randal Messer as the tired after many years of outstanding service. 2012–2013 Walton County Educational Sup- dents’ performance in STEM subjects has fall- Heidi started with the City of Turlock in De- port Professional of the Year. I am honored to en behind their international peers. As of cember of 2006. As part of a Council-ap- recognize his achievements and dedication to 2009, the average math literacy score for a proved reorganization to make economic de- 15-year old in the United States is lower than the students and teachers of Northwest Flor- ida. velopment and redevelopment more visible 17 other Organization for Economic Coopera- and active in the community, she had numer- tion and Development (OECD) member coun- Mr. Messer has spent more than 25 years working to help better the lives of Northwest ous responsibilities. Those responsibilities in- tries, and is lower than 12 other OECD coun- Florida school children, including 22 years at cluded implementation of the Westside Indus- tries on science literacy. Perhaps most trou- West DeFuniak Elementary, where he cur- trial Specific Plan (WISP), management of the bling, data found that only one out of every rently serves as the School Plant Manager redevelopment agency, implementation and five households had access to STEM extra- and Technical Contact. In his role at West management of the Turlock Enterprise Zone in curricular activities. Meanwhile, even in DeFuniak, Mr. Messer is responsible for en- cooperation with the Alliance, and acting as school, students today spend less time study- suring that the students, faculty and staff of the business liaison to assist with expansions, ing science than they did just 15–20 years the school have a comfortable, clean and safe attraction, and retention. In addition, she was ago. environment to pursue their work. He is also asked to represent Turlock on a variety of city Today, employers report that they are hav- responsible for maintaining the facilities and and county-wide boards and organizations re- ing a difficult time finding qualified applicants technological equipment. lated to economic development. for STEM jobs, which, on average, pay Mr. Messer has an unwavering commitment Mrs. McNally-Dial has almost 30 years of $77,880, versus an average of only $43,460 to carrying out his responsibilities, and he has experience working in local, regional, and for non-STEM jobs. This is a problem which voluntarily pursued various certifications and state governmental agencies—primarily in the will only worsen without serious effort and additional training to improve the facilities of fields of planning, redevelopment, and eco- focus, as it is estimated that jobs in STEM West DeFuniak Elementary. He has com- nomic development. Heidi previously worked fields will grow 17 percent by 2018, almost pleted comprehensive plant manager training for Stanislaus County, the City of Modesto, the double the rate of non-STEM jobs. Given through the Walton County School District, as City of Ceres, and Cal Trans. these figures, it is difficult to understate the well as additional training in energy conserva- Her family moved to Turlock in 1973, when importance of STEM education for both our tion. Mr. Messer also understands the need her father chose Castle Air Force Base as his nation’s collective economic future and the fu- for proper safety training. He is both CPR and last duty station before retirement. Heidi ture our nation’s students. AED certified, has undergone training as part stayed local and received a Bachelor of Arts In one program in New York, beginning in of the Crisis Intervention Team at West in Business Administration in 1980 and a Mas- early February of this year, students will have DeFuniak, and received FEMA certification for ter’s of Public Administration in 1983 from a chance to see professionals at the BluePearl his completion of coursework on Incident California State University, Stanislaus (CSUS). Veterinary Partners working in the field and Command Systems. help them using real equipment. Through their Outside of his work responsibilities, Mr. Heidi has been married for 33 years to Gary many programs they give students from low Messer is also a committed and integral com- Dial, a retired CPA. Together, they have a 25- income families the chance to learn science munity leader. In 2012, he was recognized by year-old son, and they enjoy traveling, read- through scuba diving, receiving tutoring, and a local radio station, WZEP, and earned the ing, cooking and brewing beer. Heidi and Gary going on field trips with STEM professionals. I Good Neighbor Award. Mr. Mercer also has a are also Giants season-ticket holders and am looking forward to working with them on firm commitment to serving the Lord, and he sports fans. programs in my Congressional District. has served as a Deacon at the Community Mr. Speaker, please join me in honoring and The CAMM program has not only focused Holiness Church of DeFuniak Springs since commending Mrs. Heidi McNally-Dial for her resources in New York City, but also in cities, 2008. numerous years of selfless service to the bet- towns and states. With increased attention Mr. Speaker, on behalf of the United States terment of our community. and support from community figures and lead- Congress, I am privileged to recognize Randal

VerDate Mar 15 2010 04:38 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A27FE8.026 E27FEPT1 jbell on DSK7SPTVN1PROD with REMARKS February 27, 2013 CONGRESSIONAL RECORD — Extensions of Remarks E209 SENATE COMMITTEE MEETINGS MARCH 6 session in SVC–217 following the open Title IV of Senate Resolution 4, 9:30 a.m. session. agreed to by the Senate of February 4, Committee on the Judiciary SD–G50 1977, calls for establishment of a sys- To hold an oversight hearing to examine the Department of Justice. MARCH 13 tem for a computerized schedule of all SD–226 10 a.m. meetings and hearings of Senate com- 10 a.m. mittees, subcommittees, joint commit- Committee on the Judiciary Committee on Veterans’ Affairs To hold hearings to examine fulfilling tees, and committees of conference. To hold a joint hearing with the House the promise of open government five Committee on Veterans’ Affairs to ex- This title requires all such committees years after the ‘‘OPEN Government to notify the Office of the Senate Daily amine a legislative presentation of the Paralyzed Veterans of American, Viet- Act’’. Digest—designated by the Rules Com- SD–226 mittee—of the time, place and purpose nam Veterans of America, National As- sociation of State Directors of Vet- Committee on Veterans’ Affairs of the meetings, when scheduled and erans Affairs, Fleet Reserve Associa- To hold hearings to examine Veterans’ any cancellations or changes in the tion, Gold Star Wives, Air Force Ser- Affairs (VA) claims process, focusing meetings as they occur. geants Association, and AMVETS. on a review of Veterans’ Affairs trans- As an additional procedure along CHOB–345 formation efforts. with the computerization of this infor- 10 a.m. SR–418 mation, the Office of the Senate Daily Committee on Homeland Security and Digest will prepare this information for Governmental Affairs MARCH 19 printing in the Extensions of Remarks To hold hearings to examine the Depart- 10 a.m. ment of Homeland Security at 10 years, section of the CONGRESSIONAL RECORD Committee on the Judiciary focusing on a progress report on man- on Monday and Wednesday of each Subcommittee on Antitrust, Competition agement. Policy and Consumer Rights week. SD–342 Meetings scheduled for Thursday, To hold hearings to examine the Amer- February 28, 2013 may be found in the MARCH 7 ican Airlines/US Airways merger, fo- Daily Digest of today’s RECORD. cusing on consolidation, competition, 9:30 a.m. and consumers. Committee on Armed Services SD–226 MEETINGS SCHEDULED To hold hearings to examine the U.S. Af- MARCH 5 rica Command and U.S. Transportation Command in review of the Defense Au- APRIL 11 9:30 a.m. thorization Request for fiscal year 2014 9:30 a.m. Committee on Armed Services and the Future Years Defense Pro- Committee on Armed Services To hold hearings to examine the nomina- gram; with the possibility of a closed To hold hearings to examine the Depart- tions of General James N. Mattis, session in SVC–217 following the open ment of the Air Force in review of the USMC, Commander, U.S. Central Com- session. mand, and Admiral William H. Defense Authorization Request for fis- SD–106 McRaven, USN, Commander, U.S. Spe- cal year 2014 and the Future Years De- 10 a.m. cial Operations Command; with the fense Program; with the possibility of a Committee on Energy and Natural Re- possibility of a closed session in SVC– closed session in SVC–217 following the 217 following the open session. sources open session. SH–216 To hold hearings to examine the nomina- SD–G50 10 a.m. tion of Sarah Jewell, of Washington, to Committee on Veterans’ Affairs be Secretary of the Interior. APRIL 25 To hold a joint hearing with the House SD–366 2:30 p.m. 9:30 a.m. Committee on Veterans’ Affairs to ex- Committee on Armed Services amine a legislative presentation of Select Committee on Intelligence To hold hearings to examine the Depart- Veterans of Foreign Wars (VFW). To hold closed hearings to examine cer- ment of the Navy in review of the De- SD–G50 tain intelligence matters. 10:30 a.m. SH–219 fense Authorization Request for fiscal Committee on the Budget year 2014 and the Future Years Defense To hold hearings to examine reducing MARCH 12 Program; with the possibility of a the deficit by eliminating wasteful 9:30 a.m. closed session in SVC–217 following the spending in the tax code. Committee on Armed Services open session. SD–608 To hold hearings to examine the U.S. SD–106 2:30 p.m. Strategic Command and U.S. Cyber Select Committee on Intelligence Command in review of the Defense Au- To hold closed hearings to examine cer- thorization Request for fiscal year 2014 tain intelligence matters. and the Future Years Defense Pro- SH–219 gram; with the possibility of a closed

VerDate Mar 15 2010 04:38 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\M27FE8.000 E27FEPT1 jbell on DSK7SPTVN1PROD with REMARKS Wednesday, February 27, 2013 Daily Digest

HIGHLIGHTS Senate confirmed the nomination of Jacob J. Lew, of New York, to be Secretary of the Treasury. Senate A motion was entered to close further debate on Chamber Action the motion to proceed to consideration of the bill, Routine Proceedings, pages S881–S958 and, in accordance with the provisions of Rule XXII Measures Introduced: Fourteen bills and six resolu- of the Standing Rules of the Senate, and pursuant to tions were introduced, as follows: S. 16–20, the unanimous-consent agreement of February 27, 390–398, S.J. Res. 8, and S. Res. 58–62. 2013, a vote on cloture will occur on Thursday, Feb- Pages S943–44 ruary 28, 2013. Page S927 Measures Reported: A unanimous-consent agreement was reached pro- viding that on Thursday, February 28, 2013, at a S. Res. 59, authorizing expenditures by the Com- time to be determined by the Majority Leader, after mittee on Finance. Page S943 consultation with the Republican Leader, Senate vote Measures Passed: on the motion to invoke cloture on the motion to Committee Funding Resolutions Reporting: Sen- proceed to consideration of S. 16, to provide for a ate agreed to S. Res. 58, authorizing the reporting sequester replacement; that if cloture is not invoked, of committee funding resolutions for the period the motion to proceed be withdrawn, and Senate March 1, 2013 through September 30, 2013. then vote on the motion to invoke cloture on the Pages S888–89 motion to proceed to consideration of S. 388, to ap- Pandemic and All-Hazards Preparedness Reau- propriately limit sequestration, to eliminate tax loop- thorization Act: Senate passed H.R. 307, to reau- holes; that if cloture is invoked on the motion to thorize certain programs under the Public Health proceed to consideration of S. 16, the motion to pro- Service Act and the Federal Food, Drug, and Cos- ceed be agreed to and Senate resume consideration of metic Act with respect to public health security and the motion to proceed to consideration of S. 388, all-hazards preparedness and response, after agreeing and vote on the motion to invoke cloture on the mo- to the committee amendment in the nature of a sub- tion to proceed to consideration of S. 388; that if stitute. Pages S948–57 cloture is invoked on the motion to proceed to con- sideration of S. 388, the motion to proceed be Read Across America Day: Senate agreed to S. agreed to; that if the motion to proceed to consider- Res. 61, designating March 1, 2013, as ‘‘Read ation of S. 16, was previously agreed to, Senate then Across America Day’’. Page S957 resume consideration of S. 16, and upon disposition Authorizing Production of Records: Senate agreed of S. 16, the Senate resume consideration of S. 388, to S. Res. 62, to authorize the production of records if the motion to proceed was previously agreed to. by the Permanent Subcommittee on Investigations of Page S927 the Committee on Homeland Security and Govern- American Family Economic Protection Act— mental Affairs. Page S957 Agreement: A unanimous-consent agreement was Measures Considered: reached providing that at approximately 11:00 a.m., Sequester Replacement—Agreement: Senate on Thursday, February 28, 2013, Senate resume con- began consideration of the motion to proceed to con- sideration of the motion to proceed to consideration sideration of S. 16, to provide for a sequester re- of S. 388, to appropriately limit sequestration, to placement. Page S927 eliminate tax loopholes. Page S957 D138

VerDate Mar 15 2010 04:10 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE3.REC D27FEPT1 jbell on DSK7SPTVN1PROD with DIGEST February 27, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D139 Nomination Confirmed: Senate confirmed the fol- receiving testimony from Gary Gensler, Chairman, lowing nomination: Commodity Futures Trading Commission. By 71 yeas to 26 nays (Vote No. EX. 25), Jacob J. Lew, of New York, to be Secretary of the Treas- POWER OF TRANSPARENCY ury. Pages S892–S923, S958 Committee on Commerce, Science, and Transportation: Nominations Received: Senate received the fol- Committee concluded a hearing to examine the lowing nominations: power of transparency, focusing on giving consumers Jannette Lake Dates, of Maryland, to be a Member the information they need to make smart choices in of the Board of Directors of the Corporation for Pub- the health insurance market, after receiving testi- lic Broadcasting for a term expiring January 31, mony from Margaret O’Kane, National Committee 2016. for Quality Assurance, Lynn Quincy, Consumers Bruce M. Ramer, of California, to be a Member Union, and E. Neil Trautwein, National Retail Fed- of the Board of Directors of the Corporation for Pub- eration, all of Washington, DC; and Michael A. lic Broadcasting for a term expiring January 31, 2018. Livermore, New York University School of Law In- Stephen J. Hadley, of the District of Columbia, to stitute for Policy Integrity, New York, New York. be a Member of the Board of Directors of the United States Institute of Peace for a term of four years. ANIMAL DRUG USER FEE AGREEMENTS Vincent G. Logan, of New York, to be Special Committee on Health, Education, Labor, and Pensions: Trustee, Office of Special Trustee for American Indi- Committee concluded a hearing to examine animal ans, Department of the Interior. drug user fee agreements, focusing on advancing ani- Geoffrey R. Pyatt, of California, to be Ambassador mal health for the public health, after receiving tes- to Ukraine. timony from Bernadette M. Dunham, Director, Cen- 3 Air Force nominations in the rank of general. ter for Veterinary Medicine, Food and Drug Admin- 1 Navy nomination in the rank of admiral. istration, Department of Health and Human Serv- Routine lists in the Air Force, Army, Foreign ices; Richard Carnevale, Animal Health Institute, Service, and Marine Corps. Pages S957–58 Washington, DC; and Jennifer Johansson, Generic Measures Placed on the Calendar: Page S941 Animal Drug Alliance, Bel Air, Maryland. Executive Communications: Pages S941–43 ASSAULT WEAPONS BAN Additional Cosponsors: Page S944 Committee on the Judiciary: Committee concluded a Statements on Introduced Bills/Resolutions: hearing to examine the assault weapons ban of 2013, Pages S944–47 including S. 150, to regulate assault weapons, to en- Additional Statements: Pages S940–41 sure that the right to keep and bear arms is not un- Authorities for Committees to Meet: limited, after receiving testimony from former Rep- Pages S947–48 resentative Sandy Adams; John F. Walsh, United States Attorney for the District of Colorado, Depart- Privileges of the Floor: Page S948 ment of Justice; Mayor Michael A. Nutter, Philadel- Record Votes: One record vote was taken today. phia, Pennsylvania, on behalf of The United States (Total—25) Page S923 Conference of Mayors; Edward A. Flynn, Milwaukee Adjournment: Senate convened at 10 a.m. and ad- Chief of Police, Milwaukee, Wisconsin; William journed at 6:59 p.m., until 10:00 a.m. on Thursday, Begg, Danbury Hospital, and Neil Heslin, both of February 28, 2013. (For Senate’s program, see the re- Newtown, Connecticut; Nicholas J. Johnson, Ford- marks of the Majority Leader in today’s Record on ham University School of Law, New York, New page S957.) York; and David T. Hardy, Law Offices of David Committee Meetings Hardy, Tucson, Arizona. NOMINATION (Committees not listed did not meet) Committee on the Judiciary: Committee concluded a COMMODITY FUTURES TRADING hearing to examine the nomination of Jane Kelly, of COMMISSION Iowa, to be United States Circuit Judge for the Committee on Agriculture, Nutrition, and Forestry: Com- Eighth Circuit, after the nominee, who was intro- mittee concluded an oversight hearing to examine duced by Senator Harkin, testified and answered the Commodity Futures Trading Commission, after questions in her own behalf.

VerDate Mar 15 2010 04:10 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE3.REC D27FEPT1 jbell on DSK7SPTVN1PROD with DIGEST D140 CONGRESSIONAL RECORD — DAILY DIGEST February 27, 2013

BUSINESS MEETING MEDICARE Committee on Veterans’ Affairs: On Friday, February 8, Special Committee on Aging: Committee concluded a 2013, Committee adopted its rules of procedure for hearing to examine strengthening Medicare for today the 113th Congress. and the future, after receiving testimony from Juli- BUSINESS MEETING ette Cubanski, The Henry J. Kaiser Family Founda- tion, and David Blumenthal, The Commonwealth Special Committee on Aging: Committee adopted its rules of procedure for the 113th Congress. Fund, both of Washington, DC; David C. Goodman, Also, on Tuesday, February 26, 2013, Committee Dartmouth Institute for Health Policy and Clinical ordered favorably reported an original resolution au- Practice, Lebanon, New Hampshire; and Kenneth E. thorizing expenditures by the committee. Thorpe, Emory University, Marietta, Georgia. h House of Representatives on pages H683, H683–84 and H684. There were no Chamber Action quorum calls. Public Bills and Resolutions Introduced: 33 pub- Adjournment: The House met at 10 a.m. and ad- lic bills, H.R. 845–877; 1 private bill, H.R. 878; journed at 6:30 p.m. and 3 resolutions, H. Res. 86–88 were introduced. Pages H700–03 Committee Meetings Additional Cosponsors: Page H703 Reports Filed: There were no reports filed today. APPROPRIATIONS—LIBRARY OF Speaker: Read a letter from the Speaker wherein he CONGRESS FY 2014 BUDGET appointed Representative Ros-Lehtinen to act as Committee on Appropriations: Subcommittee on Legisla- Speaker pro tempore for today. Page H663 tive Branch held a hearing on the Library of Con- Recess: The House recessed at 11:19 p.m. and re- gress FY 2014 Budget. Testimony was heard from convened at 12 noon. Page H672 James H. Billington, Librarian of Congress. Chaplain: The prayer was offered by the guest chap- APPROPRIATIONS—TRANSPORTATION lain, Reverend Ronald Derrick, American Legion SECURITY ADMINISTRATION BUDGET National Chaplain, Rigby, Idaho. Page H672 Committee on Appropriations: Subcommittee on Home- Journal: The House agreed to the Speaker’s approval land Security held a hearing on Resources for Risk- of the Journal by a yea-and-nay vote of 293 yeas to Based Security, Transportation Security Administra- 119 nays with 1 answering ‘‘present’’, Roll No. 53. tion Budget. Testimony was heard from John Pis- Page H684 tole, Administrator, Transportation Security Admin- Violence Against Women Reauthorization Act of istration. 2013—Rule for Consideration: The House agreed to H. Res. 83, the rule that is providing for consid- APPROPRIATIONS—ARMY CORPS OF eration of S. 47, to reauthorize the Violence Against ENGINEERS Women Act of 1994, by a yea-and-nay vote of 414 Committee on Appropriations: Subcommittee on Energy yeas to 9 nays, Roll No. 52, after the previous ques- tion was ordered by a yea-and-nay vote of 229 yeas and Water Development, and Related Agencies held a hearing on Oversight of the United States Army to 196 nays, Roll No. 51. Pages H677–84 Corps of Engineers. Testimony was heard from Jo- Recess: The House recessed at 1:28 p.m. and recon- Ellen Darcy, Assistant Secretary, Army for Civil vened at 3:14 p.m. Page H682 Works; and Lt. General Thomas P. Bostick, Chief of Meeting Hour: Agreed that when the House ad- Engineers. journs today, it adjourn to meet at 9 a.m. tomorrow, February 28th. Page H682 APPROPRIATIONS—INDIAN EDUCATION Senate Message: Message received from the Senate Committee on Appropriations: Subcommittee on Inte- by the Clerk and subsequently presented to the rior, Environment, and Related Agencies held a House today appears on page H697. hearing on Indian Education. Kevin Washburn, As- Quorum Calls—Votes: Three yea-and-nay votes de- sistant Secretary of Indian Affairs, Department of the veloped during the proceedings of today and appear Interior; George A. Scott, Director, Education,

VerDate Mar 15 2010 04:10 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE3.REC D27FEPT1 jbell on DSK7SPTVN1PROD with DIGEST February 27, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D141

Workforce and Income Security Issues, Government titled ‘‘Is the Broadband Stimulus Working?’’. Testi- Accountability Office; and a public witness. mony was heard from Lawrence E. Strickling, Assist- APPROPRIATIONS—CONGRESSIONAL ant Secretary for Communications and Information BUDGET OFFICE FY 2014 BUDGET and Administrator, National Telecommunications and Information Administration, Department of Committee on Appropriations: Subcommittee on Legisla- Commerce; John Padalino, Acting Administrator, tive Branch held a hearing on Congressional Budget Rural Utilities Service, Department of Agriculture; Office FY 2014 Budget. Testimony was heard from Ann Eilers, Principal Assistant Inspector General for Doug Elmendorf, Director, Congressional Budget Audit and Evaluation, Office of Inspector General, Office. Department of Commerce; and public witnesses. TRANSITION IN AFGHANISTAN Committee on Armed Services: Full Committee held a FOSTERING INNOVATION TO FIGHT hearing on the transition in Afghanistan: Views of WASTE, FRAUD AND ABUSE IN HEALTH Outside Experts. Testimony was heard from Cath- CARE erine Dale, Specialist in International Security, Con- Committee on Energy and Commerce: Subcommittee on gressional Research Service; and public witnesses. Health held a hearing entitled ‘‘Fostering Innovation IMPACT TO MILITARY END STRENGTH IN to Fight Waste, Fraud and Abuse in Health Care’’. A BUDGET CONSTRAINED ENVIRONMENT Testimony was heard from Peter Budetti, Deputy Administrator and Director, Center for Program In- Committee on Armed Services: Subcommittee on Mili- tegrity, Centers for Medicare and Medicaid Services; tary Personnel held a hearing on the impact to mili- Kathleen M. King, Director, Health Care, Govern- tary end strength in a budget constrained environ- ment Accountability Office; Carolyn L. Yocom, Di- ment. Testimony was heard from Jessica L. Wright, rector, Health Care, Government Accountability Of- Acting Under Secretary of Defense for Personnel and fice; and public witnesses. Readiness, Department of Defense; Lieutenant Gen- eral Howard B. Bromberg, USA, Deputy Chief of MONETARY POLICY AND THE STATE OF Staff G–1, U.S. Army; Vice Admiral Scott R. Van THE ECONOMY Buskirk, USN, Deputy Chief of Naval Operations, Manpower, Personnel, Training, and Education, U.S. Committee on Financial Services: Full Committee held Navy; Lieutenant General Robert E. Milstead, Jr., a hearing entitled ‘‘Monetary Policy and the State of USMC, Deputy Commandant, Manpower and Re- the Economy’’. Testimony was heard from Ben serve Affairs, U.S. Marine Corps; and Lieutenant Bernanke, Chairman, Board of Governors of the Fed- General Darrell D. Jones, USAF, Deputy Chief of eral Reserve System. Staff for Manpower, Personnel and Services, U.S. Air ANTI-SEMITISM: A GROWING THREAT TO Force. ALL FAITHS THE ROLE OF INTELLIGENCE IN THE Committee on Foreign Affairs: Subcommittee on Africa, DEPARTMENT OF DEFENSE Global Health, Global Human Rights, and Inter- Committee on Armed Services: Subcommittee on Intel- national Organizations held a joint hearing entitled ligence, Emerging Threats and Capabilities held a ‘‘Anti-Semitism: A Growing Threat to All Faiths’’. hearing on the role of intelligence in the Depart- Testimony was heard from Katrina Lantos Swett, ment of Defense. Testimony was heard from Michael Commission on International Religious Freedom; G. Vickers, Undersecretary of Defense for Intel- and public witnesses. ligence, Department of Defense; and Lieutenant General Michael T. Flynn, USA, Director, Defense ISLAMIST MILITANT THREATS TO Intelligence Agency. EURASIA PROTECTING STUDENTS AND TEACHERS: Committee on Foreign Affairs: Subcommittee on Eu- A DISCUSSION ON SCHOOL SAFETY rope, Eurasia and Emerging Threats; and Sub- Committee on Education and the Workforce: Full Com- committee on Terrorism, Nonproliferation and Trade mittee held a hearing entitled ‘‘Protecting Students held a joint hearing entitled ‘‘Islamist Militant and Teachers: A Discussion on School Safety’’. Testi- Threats to Eurasia’’. Testimony was heard from Rob- mony was heard from public witnesses. ert O. Blake, Assistant Secretary, Bureau of South and Central Asian Affairs, Department of State; Ste- BROADBAND STIMULUS phen J. Blank, Ph.D., Research Professor of National Committee on Energy and Commerce: Subcommittee on Security Affairs, U.S. Army War College; and public Communications and Technology held a hearing en- witnesses.

VerDate Mar 15 2010 04:10 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE3.REC D27FEPT1 jbell on DSK7SPTVN1PROD with DIGEST D142 CONGRESSIONAL RECORD — DAILY DIGEST February 27, 2013 WAR ON TERROR: WHEN CAN THE U.S. view of The Space Leadership Preservation Act’’. Tes- TARGET ALLEGED AMERICAN TERRORISTS timony was heard from Representative Frank R. OVERSEAS Wolf; Representative John Culberson; and public Committee on the Judiciary: Full Committee held a witnesses. hearing entitled ‘‘Drones and the War On Terror: BUDGET VIEWS AND ESTIMATES When Can the U.S. Target Alleged American Ter- Committee on Small Business: Full Committee held a rorists Overseas?’’. Testimony was heard from public meeting on Committee’s Views and Estimates on the witnesses. Small Business Administration FY 2014 Budget. HOW E-VERIFY WORKS AND HOW IT The Budget Views and Estimates of the Committee BENEFITS AMERICAN EMPLOYERS AND were approved. WORKERS IMPLEMENTATION OF THE FAA Committee on the Judiciary: Subcommittee on Immi- REAUTHORIZATION AND REFORM ACT: gration and Border Protection held a hearing enti- ONE YEAR LATER tled ‘‘How E-Verify Works and How it Benefits Committee on Transportation and Infrastructure: Sub- American Employers and Workers’’. Testimony was committee on Aviation held a hearing entitled ‘‘Im- heard from public witnesses. plementation of the FAA Reauthorization and Re- TIME TO REFORM INFORMATION form Act: One Year Later’’. Testimony was heard TECHNOLOGY ACQUISITION: THE from Michael Huerta, Administrator, Federal Avia- FEDERAL IT ACQUISITION REFORM ACT tion Administration. Committee on Oversight and Government Reform: Full ELECTRONIC HEALTH RECORDS Committee held a hearing entitled ‘‘Time to Reform Committee on Veterans’ Affairs: Full Committee held a Information Technology Acquisition: The Federal IT hearing entitled ‘‘Electronic Health Record U-turn: Acquisition Reform Act’’. Testimony was heard from Are VA and DoD Headed in the Wrong Direc- Richard Spires, Chief Information Officer, Depart- tion?’’. Testimony was heard from Roger W. Baker, ment of Homeland Security; Cristina Chaplain, Di- Assistant Secretary for Information and Technology rector, Acquisition and Sourcing Management, Gov- and Chief Information Office, Department of Vet- ernment Accountability Office; and public witnesses. erans Affairs; Jonathan A. Woodson, Assistant Sec- REDUCING FEDERAL TRAVEL AND retary of Defense for Health Affairs Director, CONFERENCE SPENDING TRICARE Management Activity, Department of Committee on Oversight and Government Reform: Sub- Defense; committee on Federal Workforce, U.S. Postal Service Valerie C. Melvin, Director, Information Manage- and the Census held a hearing entitled ‘‘The Road ment and Technology Resources Issues, Government Less Traveled: Reducing Federal Travel and Con- Accountability Office; and a public witness. ference Spending’’. Testimony was heard from Rep- INCREASING ADOPTIONS FROM FOSTER resentative Rush Holt; Danny Werfel, Controller, CARE Office of Management and Budget; and Cynthia Committee on Ways and Means: Subcommittee on Metzler, Chief Administrative Officer, General Serv- Human Resources held a hearing entitled ‘‘Increas- ices Administration. ing Adoptions from Foster Care’’. Testimony was FAILURES IN MANAGING FEDERAL REAL heard from public witnesses. PROPERTY: BILLIONS IN LOSSES Committee on Oversight and Government Reform: Sub- Joint Meetings committee on Government Operations held a hear- No joint committee meetings were held. ing entitled ‘‘Failures in Managing Federal Real f Property: Billions in Losses’’. Testimony was heard from David Wise, Director, Physical Infrastructure COMMITTEE MEETINGS FOR THURSDAY, Team, Government Accountability Office; Dorothy FEBRUARY 28, 2013 Robyn, Commissioner, Public Buildings Service, (Committee meetings are open unless otherwise indicated) General Services Administration; and a public wit- ness. Senate SPACE LEADERSHIP PRESERVATION ACT Committee on Armed Services: to hold hearings to examine the U.S. Central Command and U.S. Special Operations Committee on Science, Space, and Technology: Sub- Command in review of the Defense Authorization Re- committee on Space held a hearing entitled ‘‘A Re- quest for fiscal year 2014 and the Future Years Defense

VerDate Mar 15 2010 04:10 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE3.REC D27FEPT1 jbell on DSK7SPTVN1PROD with DIGEST February 27, 2013 CONGRESSIONAL RECORD — DAILY DIGEST D143

Program; with the possibility of a closed session in Committee on Armed Services, Subcommittee on Strategic SVC–217 following the open session, 9:30 a.m., SD–106. Forces, hearing on Nuclear Security: Actions, Account- Committee on Banking, Housing, and Urban Affairs: to ability and Reform, 10:30 a.m., 2212 Rayburn. hold hearings to examine addressing the Federal Housing Committee on Armed Services, Subcommittee on Tactical Administration’s (FHA), financial condition and program Air and Land Forces, hearing on impacts of a continuing challenges, part II, 10 a.m., SD–538. resolution and sequestration on acquisition, program- Committee on Finance: to hold hearings to examine deliv- ming, and the industrial base, 9 a.m., 2118 Rayburn. ery system reform, focusing on a progress report from the Committee on Education and the Workforce, Subcommittee Centers for Medicare and Medicaid Services (CMS), 10:30 on Early Childhood, Elementary, and Secondary Edu- a.m., SD–215. cation, hearing entitled ‘‘Raising the Bar: How are Committee on the Judiciary: business meeting to consider Schools Measuring Teacher Performance?’’, 9 a.m., 2175 S. 150, to regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, S. 54, to Rayburn. increase public safety by punishing and deterring firearms Committee on Energy and Commerce, Subcommittee on En- trafficking, S. 374, to ensure that all individuals who ergy and Power; and Subcommittee on Environment and should be prohibited from buying a firearm are listed in the Economy, joint hearing entitled ‘‘The Nuclear Regu- the national instant criminal background check system latory Commission: Policy and Governance Challenges’’, 9 and require a background check for every firearm sale, S. a.m., 2123 Rayburn. 146, to enhance the safety of America’s schools, and the Committee on Foreign Affairs, Subcommittee on Western nominations of David Medine, of Maryland, to be Chair- Hemisphere, hearing entitled ‘‘Overview of U.S. Interests man and Member of the Privacy and Civil Liberties Over- in the Western Hemisphere: Opportunities and Chal- sight Board, Shelly Deckert Dick, to be United States lenges’’, 9:30 a.m., 2172 Rayburn. District Judge for the Middle District of Louisiana, Wil- Committee on the Judiciary, Subcommittee on Regulatory liam H. Orrick III, of the District of Columbia, to be Reform, Commercial and Antitrust Law, hearing entitled United States District Judge for the Northern District of ‘‘Obama Administration’s Regulatory War on Jobs, the California, Nelson Stephen Roman, to be United States Economy, and America’s Global Competitiveness’’, 9 District Judge for the Southern District of New York, a.m., 2141 Rayburn. Sheri Polster Chappell, to be United States District Judge Committee on Science, Space, and Technology, Subcommittee for the Middle District of Florida, Kenneth John on Oversight, hearing entitled ‘‘Top Challenges for Gonzales, to be United States District Judge for the Dis- Science Agencies: Reports from the Inspectors General— trict of New Mexico, Michael J. McShane, to be United Part 1’’, 10 a.m., 2318 Rayburn. States District Judge for the District of Oregon, and Committee on Small Business, Subcommittee on Agri- Nitza I. Quinones Alejandro, Luis Felipe Restrepo, and culture, Energy and Trade, hearing entitled ‘‘Small Busi- Jeffrey L. Schmehl, all to be a United States District ness Trade Agenda: Opportunities in the 113th Con- Judge for the Eastern District of Pennsylvania, 10 a.m., SD–216. gress’’, 10 a.m., 2360 Rayburn. Committee on Rules and Administration: business meeting Committee on Transportation and Infrastructure, Full Com- to markup the Omnibus Budget for Senate committees, mittee, meeting on the Fiscal Year 2014 Budget Views Time to be announced, Room to be announced. and Estimates of the Committee; General Services Ad- Committee on Veterans’ Affairs: to hold a joint hearing ministration Capital Investment and Leasing Program with the House Committee on Veterans’ Affairs to exam- Resolutions; and other matters, 10 a.m., 2167 Rayburn. ine a legislative presentation of Military Officer Associa- Committee on Ways and Means, Subcommittee on tion of America, Retired Enlisted Association, Non Com- Human Resources, hearing entitled ‘‘The Proposed Waiv- missioned Officers Association, Blinded Veterans Associa- er of Work Requirements in the Temporary Assistance tion, Military Order of the Purple Heart, Wounded War- for Needy Families (TANF) Program’’, 9 a.m., 1100 rior Project, Iraq and Afghanistan Veterans of America, Longworth. and American Ex-Prisoners of War, 10 a.m., SD–G50. Select Committee on Intelligence: to hold closed hearings to Joint Meetings examine certain intelligence matters, 2:30 p.m., SH–219. Joint Economic Committee: to hold hearings to examine House the state of the United States economy, focusing on eco- nomic growth and job creation, and what Congress can Committee on Armed Services, Subcommittee on Readi- do to boost them, 10 a.m., SH–216. ness, hearing on assuring viability of the sustainment in- dustrial base, 8 a.m., 2212 Rayburn.

VerDate Mar 15 2010 04:10 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE3.REC D27FEPT1 jbell on DSK7SPTVN1PROD with DIGEST D144 CONGRESSIONAL RECORD — DAILY DIGEST February 27, 2013

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, February 28 9 a.m., Thursday, February 28

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Complete consideration of S. morning business (not to extend beyond one hour), Senate 47—The Violence Against Women Reauthorization Act will resume consideration of the motion to proceed to of 2013. consideration of S. 388, American Family Economic Pro- tection Act. At a time to be determined, Senate will vote on the motion to invoke cloture on the motion to proceed to consideration of S. 16, Sequester Replacement, and vote on the motion to invoke cloture on the motion to proceed to consideration of S. 388, American Family Eco- nomic Protection Act.

Extensions of Remarks, as inserted in this issue

HOUSE Hensarling, Jeb, Tex., E198 Norton, Eleanor Holmes, D.C., E207 Higgins, Brian, N.Y., E197 Pallone, Frank, Jr., N.J., E205 Barber, Ron, Ariz., E200 Hurt, Robert, Va., E206 Pastor, Ed, Ariz., E198 Bilirakis, Gus M., Fla., E199 Langevin, James R., R.I., E201 Pittenger, Robert, N.C., E203 Bishop, Sanford D., Jr., Ga., E201 Lee, Barbara, Calif., E197 Poe, Ted, Tex., E206 Brady, Robert A., Pa., E204 Maloney, Carolyn B., N.Y., E201 Conyers, John, Jr., Mich., E206 Meeks, Gregory W., N.Y., E207 Rangel, Charles B., N.Y., E202 Costa, Jim, Calif., E199 Messer, Luke, Ind., E199, E201 Royce, Edward R., Calif., E197 Denham, Jeff, Calif., E205, E207, E208 Miller, Jeff, Fla., E198, E200, E208 Schiff, Adam B., Calif., E197 Graves, Sam, Mo., E200, E201, E202, E204, E205 Moore, Gwen, Wisc., E203 Stivers, Steve, Ohio, E202 Green, Gene, Tex., E202 Moran, James P., Va., E203 Vargas, Juan, Calif., E199 Hahn, Janice, Calif., E202, E203 Murphy, Patrick, Fla., E205

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Printing Office, at www.fdsys.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Mar 15 2010 04:10 Feb 28, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0664 Sfmt 0664 E:\CR\FM\D27FE3.REC D27FEPT1 jbell on DSK7SPTVN1PROD with DIGEST